2018-14787. Agency Information Collection Activities; Pre-Acquisition Tracking System

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Notice of information collection; request for comment.

SUMMARY:

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service, we) are proposing a new information collection.

DATES:

Interested persons are invited to submit comments on or before September 10, 2018.

ADDRESSES:

Send your comments on the information collection request (ICR) by mail to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail); or by email to [e-mail]. Please reference OMB Control Number 1018-PATS 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 [e-mail], or by telephone at [phone].

SUPPLEMENTARY INFORMATION:

In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity 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 soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the Service; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Service enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Service minimize the burden of this collection on the respondents, including through the use of information technology.

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: Information collected by the Service (in support of the land acquisition program) is required under applicable statutes, DOJ regulations, Departmental and Service policies, and best business practices. Examples of initial information collected from a willing-seller landowner include: The legal owner and/or co-owner names and addresses; the property location; the property legal description; the approval to access property; and permission to inspect and appraise. In the acquisition of certain low-value properties, or land donations, the Service also collects an approval for waiver of appraisal requirements. In those cases where a proposed land acquisition, from a willing seller, meets all the requisite inspections, surveys, valuation, environmental compliance, authorized approvals, and legal reviews, then the Service also collects additional information necessary to complete the legal conveyance documents, the associated financial transactions, and any Internal Revenue Service reporting requirements. The Service utilizes the Pre-Acquisition Tracking System (PATS) as the standard database in this information collection effort.

The PATS is a nationwide database system that minimizes data input errors and reduces risk while creating efficiencies through standardization of the Service's land acquisition business practices. The PATS simplifies the collection, use, sharing, and reporting of realty data, and provides a standard platform for interaction and collaboration throughout the Service's land acquisition program. The PATS directly benefits willing-seller landowners by ensuring that electronic data pertaining to them, or their property, is maintained in a secure, enterprise-wide database system, and that document preparation errors are minimized utilizing standardized data input protocols and document management capabilities. Implementation of this approach will make data calls and status reports more consistent and timely, and the Service will be in compliance with the PRA.

In addition, the PATS database facilitates Secretarial Order 3356 and 3366 by tracking land acquisitions that have potential to support public hunting, fishing, and other forms of outdoor recreation, and access related thereto.

Authorities for the collection of realty-related information include:

• Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016);
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (49 CFR 24);
• National Wildlife Refuge Administration Act of 1966 (16 U.S.C. 668dd);
• Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718d);
• Migratory Bird Conservation Act (16 U.S.C. 715-715r, as amended);
• Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l);
• Endangered Species Act of 1973, as amended (16 U.S.C. 1534);
• Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3901); and,
• Fish and Wildlife Act of 1956, as amended (16 U.S.C. 742a).

Information collected by the Service's Division of Realty via PATS may include the following:

• Initial Requests— Initial request to consider property, to include such items as:

○ Identifying information for the legal property owner(s), such as:

—Name of primary property owner, along with spouse and/or co-owner(s) whose names appear on the current deed to the property under review;

—Marital status;

—Other names used; and

—Contact information to include telephone numbers, personal email addresses, and mailing/home addresses.

○ Financial information, to include Social Security Numbers (necessary for final payment transaction).

○ Property description, to include such information as:

—Property name,

—Location,

—Legal description, and

—Introductory information.

Forms used by the Service in conjunction with initial requests to collect information from the public include:

• Access Permission Letter (nonform—letter)—The Permission to Access Letter is a cover letter that contains the Permission to Inspect and Appraise document and may contain a Waiver of Appraisal document.
• Permission to Inspect and Appraise (FWS Form 3-2471)—Collects information about the property owner and location, and grants permission to enter and inspect the property for real estate acquisition purposes. Inspection may include, but is not limited to:

○ Appraisal Valuations;

○ Boundary survey;

○ Hazardous materials examination (contaminant survey); and

○ Physical examination of any structures on the property.

The document is not used in projects that are under Memoranda of Understanding (MOU), Memoranda of Agreement (MOA), Cooperative Agreements, some donation partnerships, and other special cases.

• Waiver of Appraisal Requirement (nonform—letter)—Per 49 CFR 24.102(c)(2), a willing-seller landowner may release the Service from the obligation of obtaining an appraisal for: (1) Land donations and (2) certain land acquisitions where the anticipated value is low and the valuation problem is uncomplicated.

Information is collected and protected in accordance with the Privacy Act (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552). We will maintain the information in a secure System of Records (Real Property Records, FWS-11, 64 FR 103 dated May 2, 1999). We gather Social Security numbers and banking information to assist with electronic payments and preparation of the required Internal Revenue Service Forms 1099.

Title of Collection: PATS—Pre-Acquisition Tracking System.

OMB Control Number: 1018—New.

Form Number: 3-2471.

Type of Review: Existing collection in use with an OMB Control Number.

Respondents/Affected Public: Individuals/households, private sector, and State/local/Tribal governments participating in realty transactions with the Service.

Respondent's Obligation: Required to Obtain or Retain a Benefit.

Frequency of Collection: On occasion.

Total Estimated Annual Nonhour Burden Cost: None.

Requirement	Annual number of respondents	Total annual responses	Completion time per response (hours)	Total annual burden hours *
Initial Requests
Individuals	129	129	1	129
Private Sector	78	78	1	78
Government	13	13	1	13
Permission to Inspect and Appraise
Individuals	57	57	.5	29
Private Sector	24	24	.5	12
Government	4	4	.5	2
Waiver of Appraisal Requirement
Individuals	3	3	.5	2
Private Sector	56	56	.5	28
Government	9	9	.5	5
Totals	373	373		297
* Rounded

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.).

Dated: July 5, 2018.

Madonna Baucum,

Information Collection Clearance Officer, U.S. Fish and Wildlife Service.