[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Notices]
[Pages 83573-83576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26294]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R6-NWRS-2023-N061; FVRS31100600000-XXX-FF06R05000; OMB Control 
Number 1018-New]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget; 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 
January 2, 2024.

[[Page 83574]]


ADDRESSES: Written comments and recommendations for the proposed 
information collection should be submitted within 30 days of 
publication of this notice at https://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under Review--Open for Public Comments'' or by using the 
search function. Please provide a copy of your comments to the Service 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-
3803 (mail); or by email to <a href="/cdn-cgi/l/email-protection#8dc4e3ebe2d2cee2e1e1cdebfafea3eae2fb"><span class="__cf_email__" data-cfemail="622b0c040d3d210d0e0e220415114c050d14">[email protected]</span></a>. Please reference ``1018-
New Grassland Easements'' in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Madonna L. Baucum, Service Information 
Collection Clearance Officer, by email at <a href="/cdn-cgi/l/email-protection#125b7c747d4d517d7e7e527465613c757d64"><span class="__cf_email__" data-cfemail="4e07202821110d2122220e28393d60292138">[email protected]</span></a>, 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.
    On March 20, 2023, we published in the Federal Register (88 FR 
16651) a notice of our intent to request that OMB approve this 
information collection. In that notice, we solicited comments for 60 
days, ending on May 19, 2023. In an effort to increase public awareness 
of, and participation in, our public commenting processes associated 
with information collection requests (ICRs), the Service also published 
the Federal Register notice on Regulations.gov (Docket No. FWS-R6-NWRS-
2023-0036) to provide the public with an additional method to submit 
comments (in addition to the typical <a href="/cdn-cgi/l/email-protection#7c35121a13233f1310103c1a0b0f521b130a"><span class="__cf_email__" data-cfemail="236a4d454c7c604c4f4f634554500d444c55">[email protected]</span></a> email and U.S. 
mail submission methods). We received three comments in response to 
that notice:
    Comment 1: Email comment from Jean Public, received on March 20, 
2023. The commenter did not address the information collection 
requirements.
    Agency Response to Comment 1: No response required.
    Comment 2: Anonymous comment received via Regulations.gov (FWS-R6-
NWRS-2023-0036-0002) on March 29, 2023. The commenter supports the 
grassland easement program, stating it is a great step towards 
restoring and conserving America's land and wildlife. They further 
opined that the program creates a beneficial relationship between 
ranchers and the Service, and easements balance both economic gains and 
environmental protection.
    Agency Response to Comment 2: The commenter did not address the 
information collections; therefore, no response required.
    Comment 3: Anonymous comment received via Regulations.gov (FWS-R6-
NWRS-2023-0036-0003) on May 14, 2023. The commenter requested that the 
Service prohibit hunting, fishing, and trapping.
    Agency Response to Comment 3: The commenter did not address the 
information collections; therefore, no response required.
    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 
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 
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 (P.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

[[Page 83575]]

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, 
they complete Form 3-2573, ``Easement Acquisition--Initial Landowner 
Inquiry Form'' and 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.

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/Alterations

    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.

[[Page 83576]]

    OMB Control Number: 1018-New.
    Form Number: 3-2573.
    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 Non-Hour Burden Cost: $ 2,115,000 
(associated with noxious and pest control requirements, and 
subordination agreements).

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                                                                                      Average
                                      Average         Average         Average       completion       Estimated
           Requirement               number of       number of       number of       time per      annual burden
                                      annual         responses        annual         response          hours
                                    respondents        each          responses        (hours)
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                                        Application Process (Form 3-2573)
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Individuals.....................             525               1             525               2           1,050
Private Sector..................             525               1             525               4           2,100
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                                           Correction of Title Defects
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Individuals.....................             525               1             525               3           1,575
Private Sector..................             525               1             525               5           2,625
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                                            Subordination Agreements
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Individuals.....................             500               1             500               2           1,000
Private Sector..................             500               1             500               5           2,500
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                              Request for Approval--Other Improvements/Alterations
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Individuals.....................             175               1             175               3             525
Private Sector..................             200               1             200               2             400
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                                  Request for Approval--Mowing Before July 15th
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Individuals.....................              50               1              50               1              50
Private Sector..................              50               1              50               1              50
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                               Notification Requirement--Sale or Transfer of Lands
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Individuals.....................              20               1              20               2              40
Private Sector..................              20               1              20               2              40
                                 -------------------------------------------------------------------------------
    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. 2023-26294 Filed 11-29-23; 8:45 am]
BILLING CODE 4333-15-P


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