773ss.cs.mj.2022

Supporting Statement A

30 CFR 773 – Requirements for Permits and Permit Processing

OMB Control Number: 1029-0115

Terms of clearance: None

General Instructions

A completed Supporting Statement A must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified below. If an item is not applicable, provide a brief explanation. When the question “Does this ICR contain surveys, censuses, or employ statistical methods?” is checked "Yes," then a Supporting Statement B must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Introduction

The Office of Surface Mining Reclamation and Enforcement (OSMRE) is submitting this request to continue the collection of information for 30 CFR Part 773 - Requirements for Permits and Permit Processing. The regulations for Part 773 address general and specific requirements for applicants to provide information in the permitting process and for regulatory authorities to review permit applications, determine permit eligibility, and ascribe permit conditions. Part 773 also contains provisions governing provisionally issued permits, improvidently issued permits, and challenges of ownership or control listings and findings. Also included in this information collection is the continued collection of information for §§ 736.25 and 750.25, where an applicant for a new mine permit in Federal Program States and on Indian lands must submit fees to OSMRE to recover certain costs for processing the permit application. The regulatory provisions under 30 CFR Part 773 and §§736.25/750.25 are authorized in various sections of the Surface Mining Control and Reclamation Act of 1977, as amended (SMCRA or the Act), Public Law (P.L.) 95-87.

OMB has previously approved the information collection for 30 CFR Part 773 and §§736.25/750.25, and assigned control number 1029-0115.

Following are the provisions in 30 CFR Part 773 and §§736.25/750.25 relevant to this request for continued information collection approval.

• Section 773.6(a)(1) requires an applicant for a new permit, a permit renewal, and a significant revision to provide a copy of the newspaper advertisement announcing its intent to mine in an application for a permit.

• Section 773.6(a)(2) requires an applicant to file a copy of its application at the courthouse or other approved public location in the county where the mining operation is proposed to be located.

• Section 773.6(a)(3) requires regulatory authorities to issue written notification of an applicant’s intent to mine to local, State, and Federal government agencies having a regulatory interest in the proposed mining operation.

• Section 773.6(b)(3)(ii) requires a regulatory authority to file for public inspection the written comments or objections received from the public and government agencies at the same public office where the permit application is filed.

• Section 773.6 (c) requires the regulatory authority to hold an informal conference with any person having an interest which is or may be adversely affected by the decision on the application.

• Section 773.6 (d) requires the regulatory authority to make available for public inspection and copying all applications for permits, revisions, renewals, and transfers at reasonable times unless provided for limited availability or confidentiality).

• Section 773.7(a) requires regulatory authorities to review applications for permits, revisions, renewals, written comments and objections, and written records of any informal conference or hearing. The purpose of the review is to issue a written decision as to whether an application for a permit, revision or renewal is administratively complete.

• Section 773.10(c) requires regulatory authorities to determine if an applicant, its controllers, its operator, or its operator’s controllers have previous mining experience.

• Section 773.12 contains the procedural requirements for regulatory authorities in making permit eligibility determinations, following completion of the reviews at §§773.9, 773.10, and 773.11. It requires regulatory authorities to review applicant, operator, ownership, control, previous permit(s), compliance, and other available information to make a permit eligibility determination.

• Section 773.14(b) provides for regulatory authorities to determine provisional permit eligibility for applicants who are not eligible for a permit under §773.12.

• Section 773.19(b) requires regulatory authorities to notify local, State, and Federal agencies, with a regulatory interest in surface coal mining, when and to whom a permit is issued.

• Section 773.19(e)(2) requires an applicant to submit a written request for an extension to commence mining operations if such an extension becomes necessary.

• Sections 736.25 and 750.25 require an applicant for a new permit in Federal Program States and on Indian lands to submit fees to OSMRE to recover costs for processing.

Specific Instructions

Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.
Section 773.6 provides for public participation in permitting processes. The legal authority for this section is found in sections 102(b) and 102(i), and section 507 of SMCRA. The information for §773.6 is required from applicants in order for the public to assess if there are adverse effects anticipated from a proposed surface mining operation.

Section 773.7(a) requires regulatory authorities to review applications for new permits, permit revisions, permit renewals; written comments and objections on these applications; and written records of any informal conference or hearing held on these applications. Section 773.7(a) is authorized under section 510(a) of SMCRA. The end product of these reviews is a written decision issued by regulatory authorities as to whether an application for a new permit, permit revision, or permit renewal is administratively complete.

Section 773.10 requires regulatory authorities to review an applicant’s permit history as part of a determination of permit eligibility. Under §773.10(c), if a regulatory authority finds, in the course of its review, that an applicant or its operator does not have previous mining experience, the regulatory authority may conduct an additional review under §774.12(f). The legal authority for this section is found in section 507 of SMCRA. The information collected in §773.10(c) is required to ensure that an applicant or its operator possess the expertise to conduct surface coal mining and reclamation operations, or whether another person has the expertise, in compliance with the Act and its implementing regulations.

Section 773.12 provides for regulatory authority determination of permit eligibility for each applicant and operator identified in an application. The permit eligibility determination under §773.12 is the culmination of the reviews of applicant, operator, ownership, control, permit history, and compliance information provided for under §§773.9 through 773.14 and any other information available to the regulatory authority. The legal authority for this section is found in section 510(c) of the Act. The permit eligibility determination under §773.12 ensures that applicants and operators that are not in compliance with the Act are not granted the benefit of an unconditional surface coal mining permit. This section also provides for the use of AVS to assist regulatory authorities in determining if an applicant and its operator are eligible for a permit. The AVS, due to its function as a repository of national application, permitting, violation, and other information, is considered among other information available to a regulatory authority. The information collected under §773.12 is necessary to comply with section 510(c) of the Act.

Section 773.14 governs whether a regulatory authority may determine if an applicant is eligible for a provisionally issued permit. A SRA may consider approval for a provisionally issued permit if an applicant is not eligible for a permit under §773.12 due to an unabated or uncorrected violation. Regulatory authorities may grant a provisionally issued permit to an applicant who meets any one of the four criteria stipulated in §773.14. The legal authority for this section is found in section 510(c) of the Act.

Section 773.19 governs regulatory authority issuance of a permit. When a permit is issued, regulatory authorities are required to issue written notification of the permitting decision to the applicant, commenters, and local, State, and Federal agencies with an interest in the permitting decision within 10 days of the decision. This requirement ensures all appropriate regulatory agencies and other interested parties are kept informed of those applicants who are issued permits to mine coal. Section 773.19 also requires a permittee to submit a written request for an extension of time to commence mining operations if such an extension becomes necessary. Such written requests are reviewed and decided upon by the regulatory authority. The legal authorities for §773.19 are found in sections 506(c), 510(a), and 513(b) of SMCRA.

Sections 736.25 and 750.25 govern new permit applicants’ fees in Federal program States and on Indian lands, respectively. When a new permit application is received in a Federal Program State, or on Indian lands, the applicant must submit processing fees to OSMRE based on a fee schedule. The legal authority for regulatory authorities to collect permit fees is found in section 507(a) of SMCRA.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. Be specific. If this collection is a form or a questionnaire, every question needs to be justified.

Respondents of 30 CFR Part 773 are applicants for new surface coal mining permits, significant permit revisions, permit renewals, and SRAs. Applicants are required to advertise their intent to mine in order to allow the public in the vicinity of the proposed mining to comment on such intent. Applicants are also required to file a complete copy of an application for a new permit, a significant permit revision, or a permit renewal at the county court house where the mining is proposed to occur.


SRA respondents are required to notify local governments, Federal and State agencies that an applicant intends to mine, the land to be mined, and the location where comments on the application may be submitted. Section 773.6 also requires SRAs to file the written comments and any objections at the same public office where the application is filed.

Respondents under section 507(a) are SRAs. SRAs are required to review each application for a new permit, permit revision, and permit renewal. SRAs also are required to review any comments and objections submitted on an application for a new permit, permit revision, or permit renewal as well as the record of any informal conference or hearing held concerning an application for a new permit, permit revision, or permit renewal. After the reviews in §773.7, the SRA is required to issue a written decision as to whether an application is administratively complete. Only an administratively complete application will continue through the review process in 30 CFR Part 773 towards a regulatory authority determination of permit eligibility under §773.12 and the additional provisions under 30 CFR Part 773.

The respondents in §773.10(c) are SRAs. Section 773.10(c) requires a SRA to make a finding as to whether an applicant for a surface coal mining permit and its proposed operator has previous mining experience. The information collection burden is incurred when a SRA determines that neither an applicant nor its operator has previous surface coal mining experience.


The respondents in §773.12 are SRAs. Under §773.12, regulatory authorities are required to determine if an applicant and its operator are eligible for a surface coal mining permit. Regulatory authorities are required to make the determinations in §773.12 following their review under §§773.9 through 778.14. The information is reviewed by regulatory authorities. The information collection burden consists of the composite set of reviews of applicant, operator, ownership, control, previous permit history, and violation and other compliance information. In making a determination, regulatory authorities will generate reports from AVS and review other available information.

The respondents in §773.19 are industry respondents (permittees) and SRAs. After permit approval, permittees must use §773.19 to request an extension to commence mining operations if such an extension becomes necessary. SRAs are required under §773.19 to notify local, State, and Federal agencies, with a regulatory interest in surface coal mining operations, as to when and to whom a permit is issued, and to notify the applicant, each person who files comments or objections on an application, and each party to any informal conference that is held on an application. Under §773.19, SRAs also are authorized to grant a reasonable extension of time for a permittee to commence mining operations.

The respondents in §§736.25 and 750.25 are industry respondents (permittees). The applicant for a new permit may submit all fees upon application submission, or in stages as follows:

(a) Administrative completeness review. An applicant who pays by stage of review shall submit the administrative completeness review fee with the permit application.

(b) Technical review. Following receipt from OSMRE of a notice of administrative completeness, an applicant who pays by stage of review shall submit the technical review basic fee, plus the per-acre fee for each acre of disturbed area or fraction thereof to be included in the permit area.

(c) Permit issuance. Following receipt from OSMRE of a notice of technical adequacy, an applicant who pays by stage of review shall submit the decision document fee.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden and specifically how this collection meets GPEA requirements.

Applicants are required to provide specific information in applications for surface coal mining and reclamation permits. State regulatory authorities (SRAs) are required to provide certain information to OSMRE as part of the permitting process. The information collected from applicants and States is authorized under SMCRA. Most of the information used in 30 CFR Part 773 is required for disclosure under 30 CFR Part 778.

Most of the information collected for 30 CFR Part 773 and the fees in §§736.25 and 750.25 are conducive to electronic media or transmission. Since 1987, entity, legal, permit history, and compliance information has been maintained for permit history, active permitting, and enforcement purposes in OSMRE’s Applicant/Violator System (AVS). OSMRE and 24 approved SRAs maintain and use AVS for a variety of purposes, including permitting and enforcement. The industry and general public may also obtain access to AVS to view applicant, permittee, permit history, and violation information. On request, OSMRE also provides business organization information from AVS in electronic form to applicants, operators, and Abandoned Mine Land (AML) program contractors.

Most SRAs have the capability of receiving permit applications electronically. Some permit applicants use computer technology to create, store, and submit information electronically, but the percentage varies based on the size of the company and their technical abilities. Larger coal companies have in-house staff or hire engineering firms to prepare their applications. These companies use automated technology to prepare and submit the applications to SRAs. Small coal companies, which may not have the technical capability may still submit paper forms. Once the SRAs receive paper applications, some will convert the applications to an electronic format for review and processing. Nationally, OSMRE estimates that the SRAs receive approximately 85% of permit applications electronically.

It is noted that the vast majority of permit applications are received by States where OSMRE does not have the authority to require electronic submissions of permit applications. OSMRE makes effort providing recommendations for using electronic methods to improve efficiency.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.


The required information under 30 CFR Part 773 and the processing fees in §§736.25 and 750.25 are unique to each applicant for a surface coal mining permit. No other source of the information is available. Respondents are companies in the coal mining business who apply for permits to mine coal using surface coal mining methods, and SRAs with review and decision-making requirements in permitting processes.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

There are no special provisions for small businesses or other small entities under these regulations. Data available to OSMRE from another Federal agency indicates that 96% of the approximate 1,000 coal mining operators in the United States qualify as a small business under Small Business Administration regulations. However, OSMRE does have a small operator assistance program, regulated under 30 CFR Part 795, which has a separately approved information collection clearance number.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Respondents provide information required by 30 CFR Part 773 and submit the fees in §§736.25 and 750.25 only at the time of application for a new permit or other permitting action. Less frequent collection of the information would compromise the accuracy and completeness of information required for nationwide permitting and enforcement purposes and would not be in compliance with the Act.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

* requiring respondents to report information to the agency more often than quarterly;

* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

* requiring respondents to submit more than an original and two copies of any document;

* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

* in connection with a statistical survey that is not designed to produce valid and reliable results that can be generalized to the universe of study;

* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

* requiring respondents to submit proprietary trade secrets, or other confidential information, unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

Information collection for 30 CFR Part 773 and the fees authorized in §§736.25 and 750.25 are consistent with 5 CFR 1320.5(d)(2), except for the number of copies of an application required to be submitted to a SRA. SRAs require from one to five copies of an application, depending on the State, regardless of whether the application is in electronic or paper form. OSMRE does not have the authority to limit the number of copies of permit applications in primacy states. OSMRE can only recommend using electronic methods to improve efficiency and reduce copies received.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and in response to the PRA statement associated with the collection over the past three years, and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every three years — even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

Contacts to review burden hours and application annual frequency are listed below:

Federal Regulatory Authority Official Contacted:

Division of Mineral Resources Management

Ohio Department of Natural Resources

Cambridge, OH 43725

Office of Surface Mining Reclamation and Enforcement

Knoxville Field Office

Knoxville, TN 37902

Coal and Opencut Mining Bureau

Montana Department of Environmental Quality

Helena, MT 59620-0901

Respondents commented that the current information collection requirements in 30 CFR Part 773 for industry respondents is not burdensome and neither are the reviews required by State respondents in this Part.

On September 30, 2021, OSMRE published in the Federal Register (86 FR 54236) a notice requesting comments from the public regarding the need for the collection of information, the accuracy of the burden estimate, ways to enhance the information collection, and ways to minimize the burden on respondents. This notice gave the public 60 days in which to comment. However, no comments were received.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

OSMRE does not provide payments or gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

No confidential information is solicited or required under the information collection requirements for this collection request. If an applicant identifies information in an application it wants to remain confidential, regulatory authorities rely upon the regulatory provisions at 30 CFR 773.6(d) to ensure confidentiality of qualified information. There are limitations to information that may qualify for confidentiality.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.


No sensitive information is solicited or required for this collection.

12. Provide estimates of the hour burden of the collection of information. The statement should:

* Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

* If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

* Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here.


a. Burden Hour Estimates for Respondents

The total number of applications annually submitted for new permits, renewals, and significant revisions by industry respondents, for both surface and underground mines, is estimated to be 771. The estimated number of applications is based upon data collected for the 2019-2020 evaluation years and represents a decrease from our previous request. The following table shows the estimated burden hours for industry and State Regulatory Authorities (SRAs).

Section	Applicant responses	State responses	Applicant burden per response	State burden per response	Applicant burden Hours	State burden Hours	Total Hours Requested	Currently Approved Hours	Change
773.6 (a,b,d)	771	764	3	2.75	2,313	2,101	4,414	5,311	-897
773.6 (c)	0	76	0	20	0	1,520	1,520	1,840	-320
773.7(a)	0	2,432	0	16	0	38,912	38,912	46,784	-7,872
773.10(c)	0	6	0	5	0	30	30	35	-5
773.12	0	62		32	0	1,984	1,984	1,984	0
773.14(b)	6	6	1	1	6	6	12	14	-2
773.19(b)	0	62	0	1	0	62	62	62	0
773.19(e)	6	6	6	2	36	12	48	48	0
736/750.25	1	0	0	0	0	0	0	0	0
TOTALS	784	3,414			2,355	44,627	46,982	56,078	-9,096

b. Estimated Wage Cost to Respondents

OSMRE estimates that the industry wage cost is represented by the occupational category of a mining engineer for approximating average hourly cost. OSMRE estimates that the industry staff will earn a wage of $43.73 per hour based on Bureau of Labor Statistics (BLS) estimates found at: http://www.bls.gov/oes/current/naics4_212100.htm.

The benefit ratio of 1.4 for industry wage is used according to BLS news release USDL-21-2146, Employer Costs for Employee Compensation – September 2021, dated December 16, 2021 at - http://www.bls.gov/news.release/pdf/ecec.pdf.

The average wage cost with benefit is $61.22/hour ($43.73 x 1.4). Accordingly, using the total applicant burden hours the wage cost is $144,173 ($61.22 x 2,355 hours).


State employee who review applications and prepares the written notice would have the equivalent salary of an environmental engineering technician at $25.96 per hour, or $41.54 per hour including benefits of 1.6 of salary (derived from Bureau of Labor Statistics at http://www.bls.gov/oes/current/naics4_999200.htm and the BLS news release referenced above, for State government employees).

The estimated total wage cost for all State employees is $1,853,806($41.54/hour x 44,627 hours)

Therefore, the total cost to all respondents is $1,997,979 ($144,173 industry wage cost + $1,853,806 state wage cost).

13. Provide an estimate of the total annual non-hour cost burden to respondents or record-keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected in item 12.)

* The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information (including filing fees paid for form processing). Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

* If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

* Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.





a. Annual Capital and Start-up Costs

This information collection request seeks to incorporate the processing fees authorized in 30 CFR 736.25 and 750.25 as a start-up cost for new permit applications in Federal Program States. Applicants for a new permit may submit processing fees when they submit their permit application, or in a schedule as follows:

Administrative completeness review	$250.00
Technical review:
Basic fee	$1,350.00
Fee per acre of disturbed area in permit area:
First 1,000 acres	$13.50/acre
Second 1,000 acres	$6.00/acre
Third 1,000 acres	$4.00/acre
Additional acres	$3.00/acre
Decision Document	$2,000.00

OSMRE is the regulatory authority in two Federal Program States – Tennessee and Washington and on Indian lands. In Tennessee, a typical permit application will include 200 acres, and in Washington and on Indian lands, a typical permit application will include 6,000 acres. Based on the fee schedule, the typical fee for a new permit applicant in Tennessee would be:

$250 for an administrative completeness review + $1,350 for a technical review + $2,000 for a decision document + $2,700 based on acreage = $6,300.

Assuming that OSMRE will receive one new permit application in Tennessee each year based on data from 2020, fees submitted by respondents in Tennessee will total $6,300 (1 permit x $6,300 in processing fees).

We do not expect to receive a new permit application to mine coal in Washington or on Indian lands. Therefore, the average non-wage cost burden for all respondents for §§736.25 and 750.25 is $6,300.

b. Operation and Maintenance Costs

There are no significant or distinct non-wage operation or maintenance costs associated with compliance with the information collection requirements except for public newspaper announcement required under §773.6(a)(1). The newspaper announcement estimated at a cost of $100 per application. Therefore, the total cost of newspaper advertisements to respondents is estimated to be $77,100 ($100 x 771).

Total non-wage cost amounts to $83,400 ($6,300 annual capital cost + $77,100 operation and maintenance costs).

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

We determined that the Federal work responsibility would most likely be carried out by a GS-13 level, step 5 environmental scientist. The estimated base wage rate is $51.25 per hour based on current rates found at: https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2022/RUS_h.pdf, plus the 1.6 multiplier for benefits which is derived using BLS news release BLS news release USDL-21-2146, Employer Costs for Employee Compensation – September 2021, dated December 16, 2021 http://www.bls.gov/news.release/pdf/ecec.pdf. Therefore, the hourly wage cost to the Federal government is $82/hour ($51.25 x 1.6).

OSMRE estimates it will conduct one oversight review of §773.6 in one State per year. OSMRE estimates that the oversight review will require 20 hours. This estimate of review time is unchanged from our previous request for information collection approval.

In keeping with the current guidance concerning oversight of State program implementation, OSMRE does not anticipate significant oversight review of State compliance with §773.7(a) in the absence of indication of problems. OSMRE estimates it will conduct one oversight review that will require 8 hours. This estimate of review time is unchanged from our previous request for information collection approval.

OSMRE does not anticipate significant oversight review of State compliance with §773.10(c) in the absence of indication of problems and estimates that the oversight review will require 5 hours. OSMRE estimates it will conduct an oversight review of §773.12 in one State per year and that an oversight review will consist of 10 permit eligibility reviews. This estimate of time is unchanged from our previous request. OSMRE estimates the oversight review will require 16 hours. This estimate is unchanged from the previous request for information collection approval. In keeping with the current guidance concerning oversight of State program implementation, OSMRE does not anticipate significant oversight review of State compliance with §773.14(b) in the absence of indication of problems. OSMRE estimates it will conduct an oversight review of §773.14(b) in one State per year and that the review will consist of 1 proof for provisionally issued permits in that State. The estimated number of proofs subject to oversight is unchanged from our previous request. OSMRE estimates the oversight review will require 1 hour. This estimate is of time unchanged from our previous request for information collection approval for §773.14(b).

OSMRE estimates it will conduct an oversight review of §773.19 in one State per year and that OSMRE will review notification for one permit. OSMRE estimates the oversight review will require 2 hours. These estimates are unchanged from our previous request.

Federal Programs

OSMRE estimates it will annually receive 1 application for a new permit where OSMRE is the regulatory authority. This estimate is based upon data collected for the 2020 evaluation year. We will provide notification under §773.19(b) on 1 application, requiring 1 hour or burden on the public. We also estimate where OSMRE is the regulatory authority, it will review 1 request for an extension to commence mining operations under §773.19(e)(2) and the review will require 2 hours to perform, or 2 hours total. The total burden for OSMRE under Federal programs is 3 hours.

Therefore, the total cost to the Federal Government under §773.14(b) is estimated to be $379 ($152 for oversight + $227 for Federal programs).

OSMRE estimates it will annually receive approximately 7 applications for permits on Federal lands and in Federal programs. This estimate is based upon data collected for the 2016-2018 evaluation years. We estimate OSMRE will require 1 hour to review the information provided under §773.6. This estimate is unchanged from our previous request for information collection approval for §773.6 in Federal programs. The average salary used to estimate Federal wage costs is $75.81 per hour with benefits as noted above. Therefore, the estimated cost to OSMRE to review the 7 Federal applications under §773.6 is $531 (7 applications x 1 hour per review x $75.81 per hour).

Therefore, the total cost to the Federal Government for §773.6 is estimated to be $2,047 ($1,516 for oversight + $531 for Federal programs).

Federal Programs. We estimated 46 applications for new permits, permit revisions, and permit renewals will be submitted where OSMRE is the regulatory authority. We estimate the administrative completeness review will require 8 hours under Federal programs. Therefore, the cost for each review in a Federal Program State would be $606 ($75.81 x 8 hours), and the annual cost for all completeness reviews by the Federal government would be $27,876 ($606 x 46 applications).

Of the 70 applications to mine coal, we estimate that one will be submitted where OSMRE is the regulatory authority. We estimate we will identify 1 application (10 percent of 1 Federal application, rounded up so at least one instance would occur) where neither the applicant nor its operator has any mining experience. We estimate the determination will require 5 hours under Federal programs. This estimate of time is unchanged from our previous request.

OSMRE estimates it will annually receive approximately 1 application for a new permit for lands and operations for which OSMRE is the regulatory authority. The single application will survive administrative review and not be withdrawn, rejected, or returned and, as a result, OSMRE will review every application it receives for permit eligibility under §773.12. This estimate is based upon data collected for the 2016-2018 evaluation years. We estimate each review will require 32 hours. This estimate is unchanged from our previous request.

OSMRE estimates that of the estimated 1 application for Federal permits, 1 applicant will be required to submit a proof under §773.14(b) in order to be considered for a provisionally issued permit. We estimate OSMRE will require 1 hour to review the proof.

OSMRE estimates it will annually receive 1 application for a new permit where OSMRE is the regulatory authority. We will provide notification under §773.19(b) on 1 application, requiring 1 hour or burden on the public. We also estimate where OSMRE is the regulatory authority, it will review 1 request for an extension to commence mining operations under §773.19(e)(2) and the review will require 2 hours to perform, or 2 hours total. The total burden for OSMRE under Federal programs is 3 hours.

SECTION	OVERSIGHT Hours	OVERSIGHT Cost @$82/hour	FEDERAL PROGRAM Hours	FEDERAL PROGRAM Cost @$82/hour	TOTAL GOVERNMENT COST
773.6	20	$1,640	70	$5,740	$7,380
773.7(a)	8	$656	368	$30,176	$30,832
773.10(c)	5	$410	5	$410	$820
773.12	16	$1,312	32	$2,624	$3,936
773.14(b)	1	$82	1	$82	$164
773.19	2	$164	3	$246	$410
Total	52	$4,264	479	$39,278	$43,542

15. Explain the reasons for any program changes or adjustments in hour or cost burden.


This information collection request reduces the burden for this section by 9,006 hours primarily due to a decrease in annual permit applications with the reduction in demand for coal. The estimated change in burden hours is shown below.

56,078 hours currently approved

- 9,096 hours due to adjustments

46,982 hours requested

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

OSMRE has no plans to publish the information collected under 30 CFR Part 773 or §§736.25 and 750.25.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

This collection is not a form which would allow for an expiration date to be included. The OMB control number is 1029-0115 and is found in §773.3.

18. Explain each exception to the topics of the certification statement identified in "Certification for Paperwork Reduction Act Submissions."

There are no exceptions to the certification statement.

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