[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16651-16653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05591]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R6-NWRS-2023-0036; FF06R05000-XXX-FVRS31100600000; OMB
Control Number 1018-New]
Agency Information Collection Activities; U.S. Fish and Wildlife
Service Grassland Easements
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service (Service), are proposing a new
information collection in use without Office of Management and Budget
(OMB) approval.
DATES: Interested persons are invited to submit comments on or before
May 19, 2023.
ADDRESSES: Send your comments on the information collection request
(ICR) by one of the following methods (please reference ``1018-
Grassland Easements'' in the subject line of your comments):
Internet (preferred): https://www.regulations.gov. Follow
the instructions for submitting comments on Docket No. FWS-R6-NWRS-
2023-0036.
Email: Info_Coll@fws.gov.
U.S. mail: Service Information Collection Clearance
Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB
(JAO/3W), Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at Info_Coll@fws.gov, or by
telephone at (703) 358-2503. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act (PRA, 44 U.S.C. 3501 et seq.) and its implementing regulations at 5
CFR 1320.8(d)(1), all information collections require approval under
the PRA. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies to comment on
new, proposed, revised, and continuing collections of information. This
helps us assess the impact of our information collection requirements
and minimize the public's reporting burden. It also helps the public
understand our information collection requirements and provide the
requested data in the desired format.
We are especially interested in public comment addressing the
following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
[[Page 16652]]
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this ICR. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Abstract: Vast grasslands once covered much of North America.
Settlement, agriculture, and development have reduced prairie habitats
to a patchwork of isolated grasslands surrounded by croplands, roads,
and cities. Loss of grasslands is detrimental to people as well as to
wildlife. Grasslands help reduce soil erosion caused by wind and water.
They also filter chemicals, thus protecting our water supplies.
Vegetation such as grass, forbs, and shrubs helps trap snow and rain.
This allows a more regulated flow of precipitation to seep into the
ground, recharging water supplies. Grasslands also provide season-long
forage for livestock. Many wildlife species depend on grasslands for
food, cover, and nesting sites. Protecting grasslands ensures that
wildlife will be there for future generations to enjoy.
In the United States, the Prairie Pothole Region is located within
the northern Great Plains, in parts of Iowa, Minnesota, Montana, North
Dakota, and South Dakota. Characterized by thousands of shallow,
glacially formed wetlands known as potholes, the Prairie Pothole Region
provides habitat for globally significant populations of breeding
waterfowl. In addition, the Prairie Pothole Region is important as
breeding and migratory habitat for many species of grassland and
wetland-dependent birds. The Migratory Bird Hunting and Conservation
Stamp Act (16 U.S.C. 718d(b)(3)) and the Safe, Accountable, Flexible,
Efficient Transportation Equity Act (Pub. L. 109-59, section 1119)
authorize the U.S. Fish and Wildlife Service (Service) to enter into
grassland easements with private landowners. The Service acquires
easements from willing sellers only. Once approved, the easements are a
permanent (perpetual) easement between the Service and all present and
future landowners.
A grassland easement is a legal agreement signed with the United
States of America, through the Service, that pays the landowner to
permanently keep their land in grass. Eligible property must lie within
an approved county and have potential value to wildlife. Highest
priority lands are large tracts of grassland with high wetland
densities, and native prairie or soils most likely to be converted to
cropland. Landowners retain the right to open or close their lands to
hunting and trapping, as they have in the past. In addition, subsurface
rights such as oil, gas, and minerals are not affected. However, the
easement may limit enrollment or participation in U.S. Department of
Agriculture programs where base acres of cropland are used to determine
program eligibility, such as the Conservation Reserve Program.
Landowners should contact their local Farm Service Agency for
information regarding eligibility. Property subject to a grassland
easement remains on local tax rolls. By selling easements, landowners
receive funds to pay down debt, reinvest in capital improvements, or
buy other lands to maintain and/or expand working lands.
Landowners who sell a grassland easement to the Service agree to
maintain permanent vegetative cover such as forbs, grasses, and low
shrubs. The value the Service pays is affected by the easement type and
the permitted uses. Land encumbered by a grassland easement may not be
cultivated. If the landowner retains grazing rights, grazing is allowed
anytime during the year. However, mowing, haying, and grass seed
harvesting are restricted, and may be delayed until after July 15 each
year. This specific restriction is designed to help grassland nesting
species, such as ducks and pheasants, complete their nesting before the
grass is disturbed.
The Service collects the following information in conjunction with
the administration of grassland easements:
Application Process
To apply for the Grassland Easement Program, landowners must
contact the Service to speak to a realty specialist or field biologist,
who can explain the program and answer questions from the landowner. If
the landowner decides they would like to participate in the program, a
site inspection will be scheduled.
A Service realty specialist estimates the value of the easement
based on the assessed value of the proposed land. In situations where a
landowner is purchasing the land under a contract for deed, in order
for an easement to be placed on the property, both the purchaser and
the contract seller, who holds the legal title, must sign the easement
agreement. When the Service accepts the easement, the landowner will
receive a letter, sent via certified mail, notifying them of the
acceptance of the easement being recorded at the county courthouse. A
copy of the easement will be included with the certified letter.
Typically, within 8-12 months after the easement is signed, the
Service makes one single lump-sum payment to the landowner, in the form
of an electronic funds transfer (EFT) from the U.S. Treasury, for the
full amount specified in the easement. The Interior Business Center
will issue an IRS Form 1099-S at the end of the calendar year. The
payment may not be taxable; however, it should be reported on the
landowner's Federal income tax return.
The Service is required to monitor easements annually. It is the
responsibility of the refuge manager to monitor and inspect easements
for compliance, maintain communications with landowners, and ensure
habitat values lost or damaged as a result of easement violations are
restored. To avoid easement violations, landowners must contact their
local Service representative before performing any alterations that may
impact vegetation or wetlands within the easement boundary. Violation
of easement terms may result in legal prosecution, fines, and
restitution.
Should the quality of the grassland easement deteriorate, the
landowner may obtain a Special Use Permit (FWS Form 3-1383-G) to
replant or rejuvenate tame (non-native) grassland habitat. The Service
encourages grasses suitable to the landowner's needs and also to the
long-term benefit of wildlife. Cost-sharing or donated seed may be
available through Federal, State, or private organizations. Form 3-
1383-G is currently approved under OMB Control No. 1018-0102.
Correction of Title Defects
The Service obtains title information from the abstracter at no
cost to the landowner. The title is checked to determine that all
owners of record have signed the easement. Service attorneys review the
case and furnish an opinion of title. If the opinion indicates any
title defects, Service personnel assist the landowner in correcting the
defects before the Service accepts the easement. The process usually
takes 6 to 9 months.
[[Page 16653]]
Subordination Agreements
Usually, mortgages do not affect easement transactions. If the
mortgage holder needs to consent to the easement, we will ask the
mortgage holder for a signed statement known as a subordination
agreement, which subordinates the rights of the mortgage to those of
the easement. Payment of easements where there is a mortgage or
contract for deed is dependent on the mortgage holder or the contract
seller and the terms of the landowner's agreement with them. They may
require that all or part of the money be applied to the mortgage or
contract balance, or they may allow the entire payment to go to the
landowner.
Requests for Approval--Other Improvements
Existing farm sites and other permanent structures are excluded
from grassland easements. Planning for future improvements or
expansions of existing farm sites or structures is important and should
be considered at the time the easement is executed, when practical.
Requests for improvements may be allowed and will require prior Service
approval. To avoid easement violations, landowners must contact their
local Service representative before manipulating permanent vegetative
cover on easement lands.
Requests for Approval--Mowing Before July 15th
Mowing before July 15 to control weeds is prohibited without prior
written approval by the Service.
Notification Requirement--Sale or Transfer of Lands
Easements, and the associated covenants and agreements, run with
the land and are binding on all persons and entities who come into
ownership or possession of the lands subject to the easement. The
landowner must notify the Regional Director in writing of any sale or
transfer at least 30 days following the sale or transfer of any portion
of the lands subject to this easement.
Recordkeeping Requirements
Landowners may be required to maintain and/or furnish documentation
such as records of ownership, sales, property characteristics, and
corresponding assessed values of record, upon request, as part of the
application process or associated information collections.
Non-Hour Cost Burdens on Landowners
Landowners are responsible for the management of and costs
associated with noxious weed and pest control, and must also pay any
fees associated with subordination agreements. They may file a claim
for reimbursement from the Government.
Title of Collection: U.S. Fish and Wildlife Service Grassland
Easements.
OMB Control Number: 1018-New.
Form Number: None.
Type of Review: New information collection in use without OMB
approval.
Respondents/Affected Public: Individuals/households and private
sector.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: $2,100,000 (associated
with noxious and pest control requirements).
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Average Average Average
number of Average number of completion Estimated
Requirement annual number of annual time per annual burden
respondents responses each responses response hours
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Application Process:
Individuals................. 525 1 525 2 1,050
Private Sector.............. 525 1 525 4 2,100
Correction of Title Defects:
Individuals................. 525 1 525 3 1,575
Private Sector.............. 525 1 525 5 2,625
Subordination Agreements:
Individuals................. 500 1 500 2 1,000
Private Sector.............. 500 1 500 5 2,500
Request for Approval--Other
Improvements:
Individuals................. 175 1 175 3 525
Private Sector.............. 200 1 200 2 400
Request for Approval--Mowing
Before July 15th:
Individuals................. 50 1 50 1 50
Private Sector.............. 50 1 50 1 50
Notification Requirement--Sale
or Transfer of Lands:
Individuals................. 20 1 20 2 40
Private Sector.............. 20 1 20 2 40
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Totals.................. 3,615 .............. 3,615 .............. 11,955
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An agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2023-05591 Filed 3-17-23; 8:45 am]
BILLING CODE 4333-15-P