Management of Non-Federal Oil and Gas Rights, 50 CFR 29, Subpart D

Forms and Documents

Document Name	Status
Form FWS Form 3-2469 Change of Operator - Acquiring Operator's Requirements for Wells Not Under a Service Permit § 29.171(a) (ePermits) Form and Instruction	New
Form FWS Form 3-2469 Change of Operator - Extension to Well Plugging (Modification) § 29.181(a) (ePermits) Form and Instruction	New
Form FWS Form 3-2469 Change of Operator - Extension to Well Plugging (Application for Permit) § 29.181(a) (ePermits) Form and Instruction	New
Form FWS Form 3-2469 Operations Permit Application §§ 29.94 - 29.97 (ePermits) Form and Instruction	New
Form FWS Form 3-2469 Temporary Access Permit Application § 29.71 (ePermits) Form and Instruction	New
Form FWS Form 3-2469 Change of Operator - Acquiring Operator's Requirements for Wells Not Under a Service Permit § 29.171(a) (Hard Copy) Form and Instruction	Modified
Form FWS Form 3-2469 Change of Operator - Extension to Well Plugging (Modification) § 29.181(a) (Hard Copy) Form and Instruction	Modified
Form FWS Form 3-2469 Change of Operator - Extension to Well Plugging (Application for Permit) § 29.181(a) (Hard Copy) Form and Instruction	Modified
Form FWS Form 3-2469 Operations Permit Application §§ 29.94 - 29.97 (Hard Copy) Form and Instruction	Modified
Form FWS Form 3-2469 Temporary Access Permit Application § 29.71 (Hard Copy) Form and Instruction	Modified
1018-0162 30-day FRN Published 10192022 87FR63519.pdf Supplementary Document	2022-10-19
1018-0162 SSA Non-Federal Oil and Gas updated 09212022.docx Supporting Statement A	2022-09-21
1018-0162 60-day FRN (2nd) 06012022 87FR33200.pdf Supplementary Document	2022-08-30
1018-0162 60-day FRN 01272022 87FR4275.pdf Supplementary Document	2022-08-30
SORN FWS-5 06042008 73FR31877.pdf Supplementary Document	2022-08-30
1018-AX36 Final Rule Mgmt of Non-Fed O&G 81FR79948 11142016.pdf Supplementary Document	2022-08-17
GAO Report GAO-07-829R dated 06292007.pdf Supplementary Document	2022-08-17
GAO Report GAO-03-517 dated 08282003.pdf Supplementary Document	2022-08-17
50 CFR Part 29 Subpart D (up to date as of 8-15-2022).pdf Supplementary Document	2022-08-17
ESA 16 USC 1531 as of 01132021.pdf Supplementary Document	2022-08-17
Fish and Wildlife Act of 1956 16 USC 742f as of 01132021.pdf Supplementary Document	2022-08-17
MBTA 16 USC 715 et seq as of 01132021.pdf Supplementary Document	2022-08-17
NWRS Improvement Act 16 USC 668dd et seq as of 01132021.pdf Supplementary Document	2022-08-17

IC Document Collections

IC ID	Document Title	Status
255292	Change of Operator - Acquiring Operator's Requirements for Wells Not Under a Service Permit § 29.171(a) (ePermits) Form and Instruction	New
255291	Change of Operator - Extension to Well Plugging (Modification) § 29.181(a) (ePermits) Form and Instruction	New
255290	Change of Operator - Extension to Well Plugging (Application for Permit) § 29.181(a) (ePermits) Form and Instruction	New
255289	Operations Permit Application §§ 29.94 - 29.97 (ePermits) Form and Instruction	New
255288	Temporary Access Permit Application § 29.71 (ePermits) Form and Instruction	New
222763	Change of Operator - Acquiring Operator's Acceptance of an Existing Permit § 29.171(b)	Unchanged
222761	Change of Operator - Acquiring Operator's Requirements for Wells Not Under a Service Permit § 29.171(a) (Hard Copy) Form and Instruction	Modified
217435	Public Information - Generic Chemical Name Disclosure § 29.210(i)	Unchanged
217434	Public Information - Maintenance of Confidential Information § 29.210(h)	Unchanged
217433	Public Information - Confidential Information § 29.210(e) and (f)	Unchanged
217432	Public Information - Affidavit in Support of Claim of Confidentiality § 29.210(c) and (d)	Unchanged
217431	Notification - Chemical Disclosure of Hydraulic Fracturing Fluids uploaded to FracFocus § 29.121(f)	Unchanged
215546	Change of Operator - Extension to Well Plugging (Modification) § 29.181(a) (Hard Copy) Form and Instruction	Modified
215545	Change of Operator - Extension to Well Plugging (Application for Permit) § 29.181(a) (Hard Copy) Form and Instruction	Modified
215544	Change of Operator - Transferring Operator Notification § 29.170	Unchanged
215543	Permit Modifications § 29.160(a)	Unchanged
215542	Report - Verify Compliance with Permits § 29.121(e)	Unchanged
215541	Written Report - Accidents Involving Serious Injuries/Deaths and Fires/Spills § 29.121(d)	Unchanged
215540	Notification - Accidents Involiving Serious Injuries/Death and Fires/Spills § 29.121(d)	Unchanged
215539	Notification - Injuries/Mortality to Fish and Wildlife and Threatened/Endangered Plants § 29.121(c)	Unchanged
215538	Third-Party Monitor Report § 29.121(b)	Unchanged
215537	Identification of Wells and Related Facilities §29.119(b)(3)	Unchanged
215536	Financial Assurance §§ 29.103(b) and 29.150-29.154	Modified
215535	Operations Permit Application §§ 29.94 - 29.97 (Hard Copy) Form and Instruction	Modified
215534	Pre-Application Meeting for Operations Permit § 29.91	Unchanged
215532	Accessing Oil and Gas Rights from Non-Federal Surface Location § 29.80	Unchanged
215531	Temporary Access Permit Application § 29.71 (Hard Copy) Form and Instruction	Modified
215530	Pre-Existing Operations § 29.61	Unchanged

ICR Details

OMB Control No: 1018-0162	ICR Reference No: 202208-1018-004
Status: Received in OIRA	Previous ICR Reference No: 201907-1018-002
Agency/Subagency: DOI/FWS	Agency Tracking No:
Title: Management of Non-Federal Oil and Gas Rights, 50 CFR 29, Subpart D
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/19/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2022
Responses	938	934
Time Burden (Hours)	17,167	18,122
Cost Burden (Dollars)	2,250,000	0

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Abstract: The Service implements regulations governing the exercise of non-Federal oil and gas rights in order to improve our ability to protect refuge resources, visitors, and the general public's health and safety from potential impacts associated with non-Federal oil and gas operations located within U.S. Fish and Wildlife Service refuge units. The regulations provide regulatory clarity and guidance to oil and gas operators and refuge staff, provide the process for compliance, incorporate technological improvements in exploration and drilling technology, and ensure that non-Federal oil and gas operations are conducted in a manner that avoids or minimizes adverse effects on refuge resources.

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Authorizing Statute(s): US Code: 16 USC 668dd Name of Law: National Wildlife Refuge System Administration Act as amended by the NWRS Improvement Act
   US Code: 16 USC 715 Name of Law: Migratory Bird Treaty Act
   US Code: 16 USC 742f Name of Law: Fish and Wildlife Act of 1956
   US Code: 16 USC 1531 Name of Law: Endangered Species Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 33200	06/01/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 63519	10/19/2022
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 28

IC Title	Form No.	Form Name
Accessing Oil and Gas Rights from Non-Federal Surface Location § 29.80
Change of Operator - Acquiring Operator's Acceptance of an Existing Permit § 29.171(b)
Change of Operator - Acquiring Operator's Requirements for Wells Not Under a Service Permit § 29.171(a) (Hard Copy)	FWS Form 3-2469	Oil and Gas Operations Special Use Permit Application
Change of Operator - Acquiring Operator's Requirements for Wells Not Under a Service Permit § 29.171(a) (ePermits)	FWS Form 3-2469	Oil and Gas Operations Special Use Permit Application
Change of Operator - Extension to Well Plugging (Application for Permit) § 29.181(a) (Hard Copy)	FWS Form 3-2469	Oil and Gas Operations Special Use Permit Application
Change of Operator - Extension to Well Plugging (Application for Permit) § 29.181(a) (ePermits)	FWS Form 3-2469	Oil and Gas Operations Special Use Permit Application
Change of Operator - Extension to Well Plugging (Modification) § 29.181(a) (Hard Copy)	FWS Form 3-2469	Oil and Gas Operations Special Use Permit Application
Change of Operator - Extension to Well Plugging (Modification) § 29.181(a) (ePermits)	FWS Form 3-2469	Oil and Gas Operations Special Use Permit Application
Change of Operator - Transferring Operator Notification § 29.170
Financial Assurance §§ 29.103(b) and 29.150-29.154
Identification of Wells and Related Facilities §29.119(b)(3)
Notification - Accidents Involiving Serious Injuries/Death and Fires/Spills § 29.121(d)
Notification - Chemical Disclosure of Hydraulic Fracturing Fluids uploaded to FracFocus § 29.121(f)
Notification - Injuries/Mortality to Fish and Wildlife and Threatened/Endangered Plants § 29.121(c)
Operations Permit Application §§ 29.94 - 29.97 (Hard Copy)	FWS Form 3-2469	Oil and Gas Operations Special Use Permit Application
Operations Permit Application §§ 29.94 - 29.97 (ePermits)	FWS Form 3-2469	Oil and Gas Operations Special Use Permit Application
Permit Modifications § 29.160(a)
Pre-Application Meeting for Operations Permit § 29.91
Pre-Existing Operations § 29.61
Public Information - Affidavit in Support of Claim of Confidentiality § 29.210(c) and (d)
Public Information - Confidential Information § 29.210(e) and (f)
Public Information - Generic Chemical Name Disclosure § 29.210(i)
Public Information - Maintenance of Confidential Information § 29.210(h)
Report - Verify Compliance with Permits § 29.121(e)
Temporary Access Permit Application § 29.71 (Hard Copy)	FWS Form 3-2469	Oil and Gas Operations Special Use Permit Application
Temporary Access Permit Application § 29.71 (ePermits)	FWS Form 3-2469	Oil and Gas Operations Special Use Permit Application
Third-Party Monitor Report § 29.121(b)
Written Report - Accidents Involving Serious Injuries/Deaths and Fires/Spills § 29.121(d)

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	938	934	0	4	0	0
Annual Time Burden (Hours)	17,167	18,122	0	-955	0	0
Annual Cost Burden (Dollars)	2,250,000	0	0	2,250,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: We are reporting a discretionary burden change of 4 annual responses, (955) annual burden hours, and $2,250,000 annual cost burden associated with changes explained in questions 2 and 12 in the Supporting Statement A.

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Annual Cost to Federal Government: $478,181

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/19/2022

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