25 CFR 169, Rights-of-Way on Indian Land

OMB Control No: 1076-0181	ICR Reference No: 201908-1076-001
Status: Active	Previous ICR Reference No: 201604-1076-001
Agency/Subagency: DOI/BIA	Agency Tracking No:
Title: 25 CFR 169, Rights-of-Way on Indian Land
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/05/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/23/2019
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. As terms of clearance, however, the Agency is asked to ensure that the handbook and guidance documents are revised upon renewal as the Agency intends to do in order to alleviate burden on the public.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2023	36 Months From Approved	06/30/2020
Responses	3,200	0	4,300
Time Burden (Hours)	39,050	0	2,750
Cost Burden (Dollars)	1,100,000	0	2,200,000

---

Abstract: This information collection is necessary for BIA to authorize rights-of-way to cross land held in trust or restricted status on behalf of individual Indians and tribes (Indian land), for a specific purpose, including but not limited to building and operating a line or road.

---

Authorizing Statute(s): US Code: 25 USC 323-328 Name of Law: An Act to empower the Secretary of the Interior to grant rights-of-way for various purposes

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 17189	04/24/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 56833	10/23/2019
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 5

IC Title Form No. Form Name Respond to notice of trespass File service line agreement Respond to notice of violation Submit application for right-of-way, amendment, assignment or mortgage, and supporting documents BIA-ROW Rights-of-Way Filing record of past assignments

---

ICR Summary of Burden

	Total Approved	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	3,200	4,300	0	0	-1,100	0
Annual Time Burden (Hours)	39,050	2,750	0	0	36,300	0
Annual Cost Burden (Dollars)	1,100,000	2,200,000	0	0	-1,100,000	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

---

Annual Cost to Federal Government: $60,292

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.     No

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.     No

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

Agency Contact: Ashley Fry 202 208-5808 [email protected]

---

Common Form ICR:  No

---

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: 10/23/2019

---