Agency Information Collection Activities: Submitted for Office of Management and Budget (OMB) Review; Comment Request, 3382-3385 [05-1174]

Download as PDF 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 VerDate jul<14>2003 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 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 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 VerDate jul<14>2003 18:04 Jan 21, 2005 Jkt 205001 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. PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 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. E:\FR\FM\24JAN1.SGM 24JAN1 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 ....................... VerDate jul<14>2003 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 .............................................................. .......................................... Jkt 205001 Sfmt 4703 PO 00000 Frm 00030 Fmt 4703 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 http:// 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 VerDate jul<14>2003 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. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 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 http://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