Agency Information Collection Activities: Submitted for Office of Management and Budget (OMB) Review; Comment Request, 3382-3385 [05-1174]
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3382
Federal Register / Vol. 70, No. 14 / Monday, January 24, 2005 / Notices
N–77996 ‘‘Chabad Hebrew Center
proposes to use the land for a Hebrew
Center.
Mount Diablo Meridian, Nevada
T. 20 S., R. 60 E., sec 29, N1⁄2NE1⁄4NE1⁄4NE1⁄4.
Containing 5 acres, more or less.
The land is not required for any
federal purpose. The Hebrew Center
will consist of a synagogue, social hall,
classrooms and administrative offices.
The partial transfer of patent/change of
use is consistent with current Bureau
planning for this area and would be in
the public interest. The patent, when
transferred, will be subject to the
provisions of the Recreation and Public
Purposes Act and applicable regulations
of the Secretary of the Interior, and will
contain the following reservations to the
United States, as detailed in the original
patent.
1. A right-of-way for ditches or canals
constructed by the authority of the
United States, Act of August 30, 1890
(43 U.S.C. 945).
2. All minerals shall be reserved to
the United States, together with the
right to prospect for, mine and remove
such deposits from the same under
applicable law and such regulations as
the Secretary of the Interior may
prescribe.
And will be subject to:
1. All valid and existing rights.
Detailed information concerning this
action is available for review at the
office of the Bureau of Land
Management, Las Vegas Field Office,
4701 N. Torrey Pines Drive, Las Vegas,
Nevada. Interested parties may submit
comments regarding the proposed
partial transfer of patent/change of use
for classification of the lands to the
Field Manager, 4701 N. Torrey Pines
Drive, Las Vegas Field Office, Las Vegas,
Nevada 89130 until March 10, 2005.
Classification Comments: Interested
parties may submit comments involving
the suitability of the land for a Hebrew
Center. Comments on the classification
are restricted to whether the land is
physically suited for the proposal,
whether the use will maximize the
future use or uses of the land, whether
the use is consistent with local planning
and zoning, or if the use is consistent
with State and Federal programs.
Application Comments: Interested
parties may submit comments regarding
the specific use proposed in the
application and plan of development,
whether the BLM followed proper
administrative procedures in reaching
the decision, or any other factor not
directly related to the suitability of the
land for a Hebrew Center. Any adverse
comments will be reviewed by the State
Director. In the absence of any adverse
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18:04 Jan 21, 2005
Jkt 205001
comments, the classification of the land
described in this Notice will become
effective on March 25, 2005. The lands
will not be offered for patent transfer
until after the classification becomes
effective.
Dated: June 24, 2004.
Sharon DiPinto,
Assistant Field Manager, Division of Lands,
Las Vegas, NV.
Editorial Note: This document was
received in the Office of the Federal Register
on January 18, 2005.
[FR Doc. 05–1200 Filed 1–21–05; 8:45 am]
BILLING CODE 4310–HC–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[ID–957–1420–BJ]
Idaho: Filing of Plats of Survey
AGENCY:
Bureau of Land Management,
Interior.
Notice of filing of plats of
surveys.
ACTION:
SUMMARY: The Bureau of Land
Management (BLM) will file the plat of
survey of the lands described below in
the BLM Idaho State Office, Boise,
Idaho, 30 days from the date of
publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Bureau of Land Management, 1387
South Vinnell Way, Boise, Idaho 83709–
1657.
This
survey was executed at the request of
the Bureau of Land Management to meet
certain administrative needs of the
Bureau of Indian Affairs. The lands we
surveyed are:
The plat representing the dependent
resurvey of a portion of the south
boundary and subdivisional lines, the
subdivision of sections 29 and 32, and
the survey of the 2002–2003 meanders
of the Blackfoot and Snake Rivers, the
north boundary of the Fort Hall Indian
Reservation, and the meanders and
median line of a relicted secondary
channel of the Snake River, all in
sections 29, 30, and 31, in T. 3 S., R. 34
E., Boise Meridian, Idaho, was accepted
January 13, 2005.
SUPPLEMENTARY INFORMATION:
Dated: January 13, 2005.
Stanley G. French,
Chief Cadastral Surveyor for Idaho.
[FR Doc. 05–1218 Filed 1–21–05; 8:45 am]
BILLING CODE 4310–GG–P
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection
Activities: Submitted for Office of
Management and Budget (OMB)
Review; Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number 1010–
0104).
AGENCY:
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are notifying the public that
we have submitted to OMB an
information collection request (ICR) to
renew approval of the paperwork
requirements in the regulations under
30 CFR part 206, subpart E—Indian Gas.
This notice also provides the public a
second opportunity to comment on the
paperwork burden of these regulatory
requirements. We changed the title of
this ICR to clarify the regulatory
language we are covering under 30 CFR
part 206, subpart E. The previous title
of this ICR was ‘‘Accounting for
Comparison (Dual Accounting) (Form
MMS–4410).’’ The new title of this ICR
is ‘‘30 CFR part 206, subpart E—Indian
Gas, §§ 206.172, 206.173, and 206.176
(Form MMS–4410, Accounting for
Comparison [Dual Accounting]).’’
DATES: Submit written comments on or
before February 23, 2005.
ADDRESSES: Submit written comments
by either FAX (202) 395–6566 or e-mail
(OIRA_Docket@omb.eop.gov) directly to
the Office of Information and Regulatory
Affairs, OMB, Attention: Desk Officer
for the Department of the Interior (OMB
Control Number 1010–0104). Mail or
hand-carry a copy of your comments to
Sharron L. Gebhardt, Lead Regulatory
Specialist, Minerals Management
Service, Minerals Revenue Management,
P.O. Box 25165, MS 302B2, Denver,
Colorado 80225. If you use an overnight
courier service, our courier address is
Building 85, Room A–614, Denver
Federal Center, Denver, Colorado 80225.
You may also e-mail your comments to
us at mrm.comments@mms.gov. Include
the title of the information collection
and the OMB Control Number in the
‘‘Attention’’ line of your comment. Also
include your name and return address.
Submit electronic comments as an
ASCII file avoiding the use of special
characters and any form of encryption.
If you do not receive a confirmation that
we have received your e-mail, contact
Ms. Gebhardt at (303) 231–3211.
E:\FR\FM\24JAN1.SGM
24JAN1
Federal Register / Vol. 70, No. 14 / Monday, January 24, 2005 / Notices
FOR FURTHER INFORMATION CONTACT:
Sharron L. Gebhardt, telephone (303)
231–3211, FAX (303) 231–3781, e-mail
Sharron.Gebhardt@mms.gov. You may
also contact Sharron Gebhardt to obtain
at no cost a copy of the form and
regulations that require the subject
collection of information.
SUPPLEMENTARY INFORMATION: Title: 30
CFR part 206, subpart E—Indian Gas,
§§ 206.172, 206.173, and 206.176 (Form
MMS–4410, Accounting for Comparison
[Dual Accounting]).
OMB Control Number: 1010–0104.
Bureau Form Number: Form MMS–
4410.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for matters relevant to mineral resource
development on Federal and Indian
lands and the Outer Continental Shelf
(OCS). The Secretary, under the Mineral
Leasing Act (30 U.S.C. 1923) and the
Outer Continental Shelf Lands Act (43
U.S.C. 1353), is responsible for
managing the production of minerals
from Federal and Indian lands and the
OCS, collecting royalties from lessees
who produce minerals, and distributing
the funds collected in accordance with
applicable laws.
The Secretary also has an Indian trust
responsibility to manage Indian lands
and seek advice and information from
Indian beneficiaries. The MMS performs
the royalty management functions and
assists the Secretary in fulfilling the
Department’s Indian trust responsibility.
The information collected is essential
for the product valuation determination
process.
Applicable citations pertaining to
minerals on Indian lands include 25
U.S.C. 396d (Chapter 12—Lease, Sale or
Surrender of Allotted or Unallotted
Lands), 25 U.S.C. 2103 (Indian Mineral
Development Act of 1982), and Public
Law 97–451—Jan. 12, 1983 (Federal Oil
and Gas Royalty Management Act of
1982).
When a company or an individual
enters into a lease to explore, develop,
produce, and dispose of minerals from
Federal or Indian lands, that company
or individual agrees to pay the lessor a
share (royalty) of the value received
from production from the leased lands.
The lease creates a business relationship
between the lessor and the lessee. The
lessee is required to report various kinds
of information to the lessor relative to
the disposition of the leased minerals.
Such information is similar to data
reported to private and public mineral
interest owners and is generally
available within the records of the
lessee or others involved in developing,
transporting, processing, purchasing, or
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18:04 Jan 21, 2005
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selling of such minerals. The
information collected includes data
necessary to ensure that the royalties are
paid appropriately.
The product valuation determination
process is essential to ensuring that
Indians receive payment on the proper
value of the minerals being removed.
Indian tribes and individual Indian
mineral owners receive all royalties
generated from their lands. The Indian
tribal representatives have expressed
concern that the Secretary properly
ensures the correct royalty is received.
Failure to collect the data described in
this information collection could result
in the undervaluation of leased
minerals. Proprietary information
submitted to MMS under this collection
is protected.
Most Indian leases contain the
requirement to perform accounting for
comparison (dual accounting) for gas
produced from the lease. According to
30 CFR 206.176, dual accounting is the
greater of the following two values:
(1) The value of gas prior to
processing, less any applicable
allowances, or
(2) The combined value of residue gas
and gas plant products resulting from
processing the gas, less any applicable
allowances, plus any drip condensate
associated with the processed gas
recovered downstream of the point of
royalty settlement without resorting to
processing, less applicable allowances.
On August 10, 1999, MMS published
a final rule titled ‘‘Amendments to Gas
Valuation Regulations for Indian
Leases’’ (64 FR 43506) with an effective
date of January 1, 2000. This regulation
applies to all gas produced from Indian
oil and gas leases, except leases on the
Osage Indian Reservation. The intent of
the rule is to ensure that Indian mineral
lessors receive the maximum revenues
from mineral resources on their land,
consistent with the Secretary’s trust
responsibility and with lease terms. The
rule requires lessees to elect to perform
either actual dual accounting under 30
CFR 206.176, or the alternative
methodology for dual accounting under
30 CFR 206.173.
We must collect the dual accounting
election information on Form MMS–
4410, Accounting for Comparison [Dual
Accounting], to enforce dual accounting
requirements in Indian lease terms and
in our Indian gas valuation regulations.
Form MMS–4410
Lessees use Form MMS–4410 to
certify that dual accounting is not
required on an Indian lease and to make
an election for actual or alternative dual
accounting.
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3383
In this ICR, we are asking approval to
continue using the Form MMS–4410 to
clarify the lessee’s justification for not
performing dual accounting and for the
lessee’s separate election to use the
actual or alternative dual accounting
methodology.
Form MMS–4410, Part A, Certification
for Not Performing Dual Accounting
Form MMS–4410, Part A, requires
lessees to identify the MMS-designated
areas where the leases are located and
provide specific justification for not
performing dual accounting. Part A is a
one-time notification, until any changes
occur in gas disposition. To assist the
lessees in identifying the reason(s) for
not performing dual accounting, Part A
lists acceptable reasons including: (1)
The lease terms do not require dual
accounting; (2) none of the gas from the
lease is ever processed; (3) gas has a Btu
content of 1000 Btu’s per cubic foot or
less at lease’s facility measurement
point(s); (4) none of the gas from the
lease is processed until after gas flows
into a pipeline with an index located in
an index zone; and (5) none of the gas
from the lease is processed until after
gas flows into a mainline pipeline not
located in an index zone.
Form MMS–4410, Part B, Election To
Perform Actual Dual Accounting or
Alternative Dual Accounting
Effective January 2002, we collected
elections to perform actual dual
accounting or alternative dual
accounting from lessees on Part B of
Form MMS–4410. A lessee makes an
election by checking either the actual or
alternative dual accounting box for each
MMS-designated area where its leases
are located. Part B also includes the
lessee’s lease prefixes within each
MMS-designated area to assist lessees in
making the appropriate election. The
election to perform actual or alternative
dual accounting applies to all of a
lessee’s Indian leases in each MMSdesignated area. The first election on
Part B to use the alternative dual
accounting is effective from the time of
election through the end of the
following calendar year. Thereafter,
each election to use the alternative dual
accounting methodology must remain in
effect for 2 calendar years. However,
lessees may return to the actual dual
accounting methodology only at the
beginning of the next election period or
with written approval from MMS and
the tribal lessors for tribal leases, and
from MMS for Indian allotted leases in
the MMS-designated area (30 CFR
206.173(a)).
Frequency of Response: On occasion.
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3384
Federal Register / Vol. 70, No. 14 / Monday, January 24, 2005 / Notices
Estimated Number and Description of
Respondents: 50 lessees of Indian gas
royalties.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 170
hours.
Since the previous renewal of this
ICR, we have obtained more accurate
estimates of the number of respondents
and the time required to provide the
information requested. We reviewed
actual data from past years and obtained
feedback from companies to project
burden hours for future years. We
require Part A of Form MMS–4410
when lessees certify that no dual
accounting is required. Since the
effective date of the Indian gas rule
(January 2000), MMS has received
hundreds of certifications (Part A of
370 lessees of Indian gas royalties;
however, we expect responses from only
50 lessees because most lessees have
either previously submitted a
certification that no dual accounting is
required or lessees have previously
made their initial dual accounting
election. Lessees may change their
alternative dual accounting election
only after 2 calendar years on Form
MMS–4410. Therefore, we expect
approximately 60 responses from 50
lessees of Indian gas royalties and
estimate that the total annual burden is
170 reporting hours based on MMS’s
historical data, and taking into
consideration customer feedback.
The following chart shows the
estimated burden hours by CFR section
and paragraph:
Form MMS–4410). Because this
certification is a one-time notification
for each Indian lease, until any changes
occur in gas disposition, MMS does not
anticipate that in the future we will
receive a significant number of
additional certifications.
The MMS also requires lessees to
submit Part B of Form MMS–4410 when
lessees make an initial election for dual
accounting or when lessees want to
change their election for dual
accounting. The MMS does not
anticipate that in the future we will
receive a significant number of
additional initial dual accounting
elections or changes to current
elections.
We have adjusted the burden hours
accordingly. There are approximately
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
30 CFR section
Reporting or recordkeeping requirement
206.172(b)(1)(ii) ..............
Burden hours per
response
How do I value gas produced from leases
in an index zone?
* * * (b) Valuing residue gas and gas before processing. (1) * * * (ii) Gas production that you certify on Form MMS–
4410, * * * is not processed before it
flows into a pipeline with an index but
which may be processed later * * *.
(Part A of Form MMS–4410)
How do I calculate the alternative methodology for dual accounting?
(a) Electing a dual accounting method.
(1) * * * You may elect to perform the
dual accounting calculation according
to either § 206.176(a) (called actual
dual accounting), or paragraph (b) of
this section (called the alternative
methodology for dual accounting). (Part
B of Form MMS–4410)
206.173(a)(1) ..................
206.173(a)(2) ..................
206.176(b) ......................
206.176(c) ......................
How do I calculate the alternative methodology for dual accounting?
(a) Electing a dual accounting method.
* * *
(2) You must make a separate election to
use the alternative methodology for
dual accounting for your Indian leases
in each MMS-designated area. * * *
(Part B of Form MMS–4410)
How do I perform accounting for comparison?
* * * (b) If you are required to account
for comparison, you may elect to use
the alternative dual accounting methodology provided for in § 206.173 instead
of the provisions in paragraph (a) of
this section. (Part B of Form MMS–
4410)
How do I perform accounting for comparison?
* * * (c) * * * If you do not perform dual
accounting, you must certify to MMS
that gas flows into such a pipeline before it is processed. (Part A of Form
MMS–4410)
Totals .......................
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18:04 Jan 21, 2005
Annual number of
responses
4
25
100
2
35
70
Burden hours covered under § 206.173(a)(1)
0
Burden hours covered under § 206.173(a)(1)
0
Burden hours covered under § 206.172(b)(1)(ii)
0
..............................................................
..........................................
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Annual burden
hours
E:\FR\FM\24JAN1.SGM
60
24JAN1
170
Federal Register / Vol. 70, No. 14 / Monday, January 24, 2005 / Notices
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
Burden: We have identified no ‘‘nonhour’’ cost burdens.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that 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.
Comments: Section 3506(c)(2)(A) of
the PRA requires each agency ‘‘* * * to
provide notice * * * and otherwise
consult with members of the public and
affected agencies concerning each
proposed collection of information
* * *.’’ Agencies must specifically
solicit comments to: (a) Evaluate
whether the proposed collection of
information is necessary for the agency
to perform its duties, including whether
the information is useful; (b) evaluate
the accuracy of the agency’s estimate of
the burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
information to be collected; and (d)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
To comply with the public
consultation process, we published a
notice in the Federal Register on June
10, 2004 (69 FR 32606), announcing that
we would submit this ICR to OMB for
approval. The notice provided the
required 60-day comment period. We
received no comments in response to
the notice.
If you wish to comment in response
to this notice, you may send your
comments to the offices listed under the
ADDRESSES section of this notice. The
OMB has up to 60 days to approve or
disapprove the information collection
but may respond after 30 days.
Therefore, to ensure maximum
consideration, OMB should receive
public comments by February 23, 2005.
Public Comment Policy: We will post
all comments in response to this notice
on our Web site at https://
www.mrm.mms.gov/Laws_R_D/InfoColl/
InfoColCom.htm. We will also make
copies of the comments available for
public review, including names and
addresses of respondents, during regular
business hours at our offices in
Lakewood, Colorado. Upon request, we
will withhold an individual
respondent’s home address from the
public record, as allowable by law.
There also may be circumstances in
which we would withhold from the
rulemaking record a respondent’s
identity, as allowable by law. If you
request that we withhold your name
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18:04 Jan 21, 2005
Jkt 205001
and/or address, state your request
prominently at the beginning of your
comment. However, we will not
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
MMS Information Collection
Clearance Officer: Arlene Bajusz (202)
208–7744.
Dated: November 5, 2004.
Lucy Querques Denett,
Associate Director for Minerals Revenue
Management.
[FR Doc. 05–1174 Filed 1–21–05; 8:45 am]
BILLING CODE 4310–MR–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1070A (Final)]
Certain Crepe Paper Products From
China
Determination
On the basis of the record 1 developed
in the subject investigation, the United
States International Trade Commission
(Commission) determines, pursuant to
section 735(b) of the Tariff Act of 1930
(19 U.S.C. 1673d(b)) (the Act), that an
industry in the United States is
materially injured by reason of imports
from China of crepe paper,2 provided
for in subheadings 4802.30; 4802.54;
4802.61; 4802.62; 4802.69; 4804.39;
4806.40; 4808.30; 4808.90; 4811.90;
4818.90; 4823.90; and 9505.90.40 of the
Harmonized Tariff Schedule of the
United States, that have been found by
the Department of Commerce
(Commerce) to be sold in the United
States at less than fair value (LTFV). The
Commission makes a negative finding
with respect to critical circumstances.
Background
The Commission instituted this
investigation effective February 17,
2004, following receipt of a petition
filed with the Commission and
Commerce by Seaman Paper Company
of Massachusetts, Inc.; American Crepe
Corporation; Eagle Tissue LLC; Flower
City Tissue Mills Co.; Garlock Printing
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Crepe paper as defined by Commerce in Notice
of Final Determination of Sales at Less Than Fair
Value and Affirmative Final Determination of
Critical Circumstances: Certain Crepe Paper from
the People’s Republic of China, 69 FR 70233,
December 3, 2004.
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3385
& Converting, Inc.; Paper Service Ltd.;
Putney Paper Co., Ltd.; and the Paper,
Allied-Industrial, Chemical and Energy
Workers International Union AFL-CIO,
CLC. The final phase of the
investigation was scheduled by the
Commission following notification of a
preliminary determination by
Commerce that imports of crepe paper
from China were being sold at LTFV
within the meaning of section 733(b) of
the Act (19 U.S.C. 1673b(b)). Notice of
the scheduling of the final phase of the
Commission’s investigation and of a
public hearing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register of October 8, 2004 (69 FR
60423), subsequently revised on
November 15, 2004 (69 FR 65632). The
hearing was held in Washington, DC, on
December 9, 2004, and all persons who
requested the opportunity were
permitted to appear in person or by
counsel.
The Commission transmitted its
determination in this investigation to
the Secretary of Commerce on January
18, 2005. The views of the Commission
are contained in USITC Publication
3749 (January 2005), entitled Certain
Crepe Paper Products from China:
Investigation No. 731–TA–1070A
(Final).
Issued: January 18, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–1231 Filed 1–21–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–406; Enforcement
Proceedings (II)]
In the Matter of Certain Lens-Fitted
Film Packages; Notice of Commission
Determinations Concerning
Enforcement Measures and
Respondents’ Request for a Stay of
Any Order Levying Civil Penalties
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission (the Commission) has
determined to levy civil penalties
against respondents Jazz Photo Corp.
(Jazz), Jack Benun, and Anthony
Cossentino, for the violation of the
E:\FR\FM\24JAN1.SGM
24JAN1
]]>Agencies
[Federal Register Volume 70, Number 14 (Monday, January 24, 2005)]
[Notices]
[Pages 3382-3385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1174]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection Activities: Submitted for Office of
Management and Budget (OMB) Review; Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of an extension of a currently approved information
collection (OMB Control Number 1010-0104).
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we
are notifying the public that we have submitted to OMB an information
collection request (ICR) to renew approval of the paperwork
requirements in the regulations under 30 CFR part 206, subpart E--
Indian Gas. This notice also provides the public a second opportunity
to comment on the paperwork burden of these regulatory requirements. We
changed the title of this ICR to clarify the regulatory language we are
covering under 30 CFR part 206, subpart E. The previous title of this
ICR was ``Accounting for Comparison (Dual Accounting) (Form MMS-
4410).'' The new title of this ICR is ``30 CFR part 206, subpart E--
Indian Gas, Sec. Sec. 206.172, 206.173, and 206.176 (Form MMS-4410,
Accounting for Comparison [Dual Accounting]).''
DATES: Submit written comments on or before February 23, 2005.
ADDRESSES: Submit written comments by either FAX (202) 395-6566 or e-
mail (OIRA--Docket@omb.eop.gov) directly to the Office of Information
and Regulatory Affairs, OMB, Attention: Desk Officer for the Department
of the Interior (OMB Control Number 1010-0104). Mail or hand-carry a
copy of your comments to Sharron L. Gebhardt, Lead Regulatory
Specialist, Minerals Management Service, Minerals Revenue Management,
P.O. Box 25165, MS 302B2, Denver, Colorado 80225. If you use an
overnight courier service, our courier address is Building 85, Room A-
614, Denver Federal Center, Denver, Colorado 80225. You may also e-mail
your comments to us at mrm.comments@mms.gov. Include the title of the
information collection and the OMB Control Number in the ``Attention''
line of your comment. Also include your name and return address. Submit
electronic comments as an ASCII file avoiding the use of special
characters and any form of encryption. If you do not receive a
confirmation that we have received your e-mail, contact Ms. Gebhardt at
(303) 231-3211.
[[Page 3383]]
FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone (303)
231-3211, FAX (303) 231-3781, e-mail Sharron.Gebhardt@mms.gov. You may
also contact Sharron Gebhardt to obtain at no cost a copy of the form
and regulations that require the subject collection of information.
SUPPLEMENTARY INFORMATION: Title: 30 CFR part 206, subpart E--Indian
Gas, Sec. Sec. 206.172, 206.173, and 206.176 (Form MMS-4410,
Accounting for Comparison [Dual Accounting]).
OMB Control Number: 1010-0104.
Bureau Form Number: Form MMS-4410.
Abstract: The Secretary of the U.S. Department of the Interior is
responsible for matters relevant to mineral resource development on
Federal and Indian lands and the Outer Continental Shelf (OCS). The
Secretary, under the Mineral Leasing Act (30 U.S.C. 1923) and the Outer
Continental Shelf Lands Act (43 U.S.C. 1353), is responsible for
managing the production of minerals from Federal and Indian lands and
the OCS, collecting royalties from lessees who produce minerals, and
distributing the funds collected in accordance with applicable laws.
The Secretary also has an Indian trust responsibility to manage
Indian lands and seek advice and information from Indian beneficiaries.
The MMS performs the royalty management functions and assists the
Secretary in fulfilling the Department's Indian trust responsibility.
The information collected is essential for the product valuation
determination process.
Applicable citations pertaining to minerals on Indian lands include
25 U.S.C. 396d (Chapter 12--Lease, Sale or Surrender of Allotted or
Unallotted Lands), 25 U.S.C. 2103 (Indian Mineral Development Act of
1982), and Public Law 97-451--Jan. 12, 1983 (Federal Oil and Gas
Royalty Management Act of 1982).
When a company or an individual enters into a lease to explore,
develop, produce, and dispose of minerals from Federal or Indian lands,
that company or individual agrees to pay the lessor a share (royalty)
of the value received from production from the leased lands. The lease
creates a business relationship between the lessor and the lessee. The
lessee is required to report various kinds of information to the lessor
relative to the disposition of the leased minerals. Such information is
similar to data reported to private and public mineral interest owners
and is generally available within the records of the lessee or others
involved in developing, transporting, processing, purchasing, or
selling of such minerals. The information collected includes data
necessary to ensure that the royalties are paid appropriately.
The product valuation determination process is essential to
ensuring that Indians receive payment on the proper value of the
minerals being removed. Indian tribes and individual Indian mineral
owners receive all royalties generated from their lands. The Indian
tribal representatives have expressed concern that the Secretary
properly ensures the correct royalty is received. Failure to collect
the data described in this information collection could result in the
undervaluation of leased minerals. Proprietary information submitted to
MMS under this collection is protected.
Most Indian leases contain the requirement to perform accounting
for comparison (dual accounting) for gas produced from the lease.
According to 30 CFR 206.176, dual accounting is the greater of the
following two values:
(1) The value of gas prior to processing, less any applicable
allowances, or
(2) The combined value of residue gas and gas plant products
resulting from processing the gas, less any applicable allowances, plus
any drip condensate associated with the processed gas recovered
downstream of the point of royalty settlement without resorting to
processing, less applicable allowances.
On August 10, 1999, MMS published a final rule titled ``Amendments
to Gas Valuation Regulations for Indian Leases'' (64 FR 43506) with an
effective date of January 1, 2000. This regulation applies to all gas
produced from Indian oil and gas leases, except leases on the Osage
Indian Reservation. The intent of the rule is to ensure that Indian
mineral lessors receive the maximum revenues from mineral resources on
their land, consistent with the Secretary's trust responsibility and
with lease terms. The rule requires lessees to elect to perform either
actual dual accounting under 30 CFR 206.176, or the alternative
methodology for dual accounting under 30 CFR 206.173.
We must collect the dual accounting election information on Form
MMS-4410, Accounting for Comparison [Dual Accounting], to enforce dual
accounting requirements in Indian lease terms and in our Indian gas
valuation regulations.
Form MMS-4410
Lessees use Form MMS-4410 to certify that dual accounting is not
required on an Indian lease and to make an election for actual or
alternative dual accounting.
In this ICR, we are asking approval to continue using the Form MMS-
4410 to clarify the lessee's justification for not performing dual
accounting and for the lessee's separate election to use the actual or
alternative dual accounting methodology.
Form MMS-4410, Part A, Certification for Not Performing Dual Accounting
Form MMS-4410, Part A, requires lessees to identify the MMS-
designated areas where the leases are located and provide specific
justification for not performing dual accounting. Part A is a one-time
notification, until any changes occur in gas disposition. To assist the
lessees in identifying the reason(s) for not performing dual
accounting, Part A lists acceptable reasons including: (1) The lease
terms do not require dual accounting; (2) none of the gas from the
lease is ever processed; (3) gas has a Btu content of 1000 Btu's per
cubic foot or less at lease's facility measurement point(s); (4) none
of the gas from the lease is processed until after gas flows into a
pipeline with an index located in an index zone; and (5) none of the
gas from the lease is processed until after gas flows into a mainline
pipeline not located in an index zone.
Form MMS-4410, Part B, Election To Perform Actual Dual Accounting or
Alternative Dual Accounting
Effective January 2002, we collected elections to perform actual
dual accounting or alternative dual accounting from lessees on Part B
of Form MMS-4410. A lessee makes an election by checking either the
actual or alternative dual accounting box for each MMS-designated area
where its leases are located. Part B also includes the lessee's lease
prefixes within each MMS-designated area to assist lessees in making
the appropriate election. The election to perform actual or alternative
dual accounting applies to all of a lessee's Indian leases in each MMS-
designated area. The first election on Part B to use the alternative
dual accounting is effective from the time of election through the end
of the following calendar year. Thereafter, each election to use the
alternative dual accounting methodology must remain in effect for 2
calendar years. However, lessees may return to the actual dual
accounting methodology only at the beginning of the next election
period or with written approval from MMS and the tribal lessors for
tribal leases, and from MMS for Indian allotted leases in the MMS-
designated area (30 CFR 206.173(a)).
Frequency of Response: On occasion.
[[Page 3384]]
Estimated Number and Description of Respondents: 50 lessees of
Indian gas royalties.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 170
hours.
Since the previous renewal of this ICR, we have obtained more
accurate estimates of the number of respondents and the time required
to provide the information requested. We reviewed actual data from past
years and obtained feedback from companies to project burden hours for
future years. We require Part A of Form MMS-4410 when lessees certify
that no dual accounting is required. Since the effective date of the
Indian gas rule (January 2000), MMS has received hundreds of
certifications (Part A of Form MMS-4410). Because this certification is
a one-time notification for each Indian lease, until any changes occur
in gas disposition, MMS does not anticipate that in the future we will
receive a significant number of additional certifications.
The MMS also requires lessees to submit Part B of Form MMS-4410
when lessees make an initial election for dual accounting or when
lessees want to change their election for dual accounting. The MMS does
not anticipate that in the future we will receive a significant number
of additional initial dual accounting elections or changes to current
elections.
We have adjusted the burden hours accordingly. There are
approximately 370 lessees of Indian gas royalties; however, we expect
responses from only 50 lessees because most lessees have either
previously submitted a certification that no dual accounting is
required or lessees have previously made their initial dual accounting
election. Lessees may change their alternative dual accounting election
only after 2 calendar years on Form MMS-4410. Therefore, we expect
approximately 60 responses from 50 lessees of Indian gas royalties and
estimate that the total annual burden is 170 reporting hours based on
MMS's historical data, and taking into consideration customer feedback.
The following chart shows the estimated burden hours by CFR section
and paragraph:
Respondents' Estimated Annual Burden Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reporting or recordkeeping Burden hours per Annual number of Annual burden
30 CFR section requirement response responses hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
206.172(b)(1)(ii)............................. How do I value gas produced from 4 25 100
leases in an index zone?
* * * (b) Valuing residue gas and
gas before processing. (1) * * *
(ii) Gas production that you
certify on Form MMS-4410, * * * is
not processed before it flows into
a pipeline with an index but which
may be processed later * * *.
(Part A of Form MMS-4410).
206.173(a)(1)................................. How do I calculate the alternative 2 35 70
methodology for dual accounting?
(a) Electing a dual accounting
method. (1) * * * You may elect to
perform the dual accounting
calculation according to either
Sec. 206.176(a) (called actual
dual accounting), or paragraph (b)
of this section (called the
alternative methodology for dual
accounting). (Part B of Form MMS-
4410).
---------------------------
206.173(a)(2)................................. How do I calculate the alternative Burden hours covered under Sec. 206.173(a)(1) 0
methodology for dual accounting?
(a) Electing a dual accounting
method. * * *.
(2) You must make a separate
election to use the alternative
methodology for dual accounting
for your Indian leases in each MMS-
designated area. * * * (Part B of
Form MMS-4410).
206.176(b).................................... How do I perform accounting for Burden hours covered under Sec. 206.173(a)(1) 0
comparison?
* * * (b) If you are required to
account for comparison, you may
elect to use the alternative dual
accounting methodology provided
for in Sec. 206.173 instead of
the provisions in paragraph (a) of
this section. (Part B of Form MMS-
4410).
206.176(c).................................... How do I perform accounting for Burden hours covered under Sec. 0
comparison? 206.172(b)(1)(ii)
* * * (c) * * * If you do not
perform dual accounting, you must
certify to MMS that gas flows into
such a pipeline before it is
processed. (Part A of Form MMS-
4410).
---------------------------
Totals.................................... ................................... ........................ 60 170
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 3385]]
Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost
Burden: We have identified no ``non-hour'' cost burdens.
Public Disclosure Statement: The PRA (44 U.S.C. 3501 et seq.)
provides that 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.
Comments: Section 3506(c)(2)(A) of the PRA requires each agency ``*
* * to provide notice * * * and otherwise consult with members of the
public and affected agencies concerning each proposed collection of
information * * *.'' Agencies must specifically solicit comments to:
(a) Evaluate whether the proposed collection of information is
necessary for the agency to perform its duties, including whether the
information is useful; (b) evaluate the accuracy of the agency's
estimate of the burden of the proposed collection of information; (c)
enhance the quality, usefulness, and clarity of the information to be
collected; and (d) minimize the burden on the respondents, including
the use of automated collection techniques or other forms of
information technology.
To comply with the public consultation process, we published a
notice in the Federal Register on June 10, 2004 (69 FR 32606),
announcing that we would submit this ICR to OMB for approval. The
notice provided the required 60-day comment period. We received no
comments in response to the notice.
If you wish to comment in response to this notice, you may send
your comments to the offices listed under the ADDRESSES section of this
notice. The OMB has up to 60 days to approve or disapprove the
information collection but may respond after 30 days. Therefore, to
ensure maximum consideration, OMB should receive public comments by
February 23, 2005.
Public Comment Policy: We will post all comments in response to
this notice on our Web site at https://www.mrm.mms.gov/Laws_R_D/
InfoColl/InfoColCom.htm. We will also make copies of the comments
available for public review, including names and addresses of
respondents, during regular business hours at our offices in Lakewood,
Colorado. Upon request, we will withhold an individual respondent's
home address from the public record, as allowable by law. There also
may be circumstances in which we would withhold from the rulemaking
record a respondent's identity, as allowable by law. If you request
that we withhold your name and/or address, state your request
prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
MMS Information Collection Clearance Officer: Arlene Bajusz (202)
208-7744.
Dated: November 5, 2004.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 05-1174 Filed 1-21-05; 8:45 am]
BILLING CODE 4310-MR-P
