Agency Information Collection Activities: Submitted for Office of Management and Budget (OMB) Review; Comment Request, 35695-35698 [05-12134]
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35695
Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices
Citation 30 CFR 250 subpart B
Reporting & recordkeeping requirement
Hour burden
Average No. annual
responses
Annual burden hours
211 through 228 ................
Submit EP and accompanying information (including
forms MMS–137, MMS 138, MMS–NEW used in
GOMR) and provide notifications.
Submit amended, modified, revised, or supplemental
EP, or resubmit disapproved EP.
Submit DPP or DOCD and accompanying information
(including forms MMS–137, MMS 139, MMS–NEW
used in GOMR) and provide notifications.
Submit amended, modified, revised, or supplemental
DPP or DOCD, or resubmit disapproved DPP or
DOCD.
Submit information on preliminary plans for leases or
units in vicinity of proposed development and production activities.
Submit various applications ..........................................
640 ..........................
200 plans ................
128,000
120 ..........................
224 changed plans
26,880
690 ..........................
110 plans ................
75,900
GOM 95 ..................
Pacific 600 ..............
250 changed plans
1 changed plan .......
23,750
600
2 ..............................
1 response ..............
2
Burdens included under appropriate subpart
or form (1010–0044; 1010–0059; 1010–
0058; 1010–0050)
2 .............................. 313 records .............
1 .............................. 30 plans ..................
2 .............................. 2 each for 33 wells
= 66.
750 .......................... 68 plans ..................
443 .......................... 30 documents .........
2 .............................. 25 requests .............
0
232(d); 234; 235(a);
281(d)(3); 283; 284; 285.
241 through 262 ................
267(d); 272(a); 273, 283;
284; 285.
269(b) ................................
281(a) ................................
282 ....................................
282(b) ................................
288 through 294 ................
296 through 298 ................
200 through 299 ................
Total Burden ..............
Retain monitoring data/information ..............................
Submit monitoring plans ...............................................
Submit monitoring reports and data (including form
MMS–141 used in GOMR).
Submit DWOP ..............................................................
Submit CID ...................................................................
General departure and alternative compliance requests not specifically covered elsewhere in subpart B regulations.
.......................................................................................
Estimated Reporting and
Recordkeeping ‘‘Non-Hour Cost’’
Burden: We have identified no
paperwork ‘‘non-hour cost’’ burdens
associated with the collection of
information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.) provides that an
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid OMB control
number. Until OMB approves a
collection of information, you are not
obligated to respond.
Comments: Section 3506(c)(2)(A) of
the PRA (44 U.S.C. 3501, et seq.)
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, on December 17,
2004, we published a Federal Register
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.................................
notice (69 FR 75562) announcing that
we would submit this ICR to OMB for
approval. The notice provided the
required 60-day comment period. In
addition, § 250.199 provides the OMB
control number for the information
collection requirements imposed by the
30 CFR 250 regulations and forms. The
regulation also informs the public that
they may comment at any time on the
collections of information and provides
the address to which they should send
comments. We have received no
comments in response to these efforts.
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. 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 July 21, 2005.
Public Comment Procedure: MMS’s
practice is to make comments, including
names and addresses of respondents,
available for public review. If you wish
your name and/or address to be
withheld, you must state this
prominently at the beginning of your
comment. MMS will honor the request
to the extent allowable by the law;
however, anonymous comments will
not be considered. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
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1,516 .......................
626
30
132
51,000
13,290
50
320,815
made available for public inspection in
their entirety.
MMS Information Collection
Clearance Officer: Arlene Bajusz, (202)
208–7744.
Dated: Feburary 22, 2005.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Program.
Editorial Note: This document was
received in the Office of the Federal Register
on June 15, 2005.
[FR Doc. 05–12133 Filed 6–20–05; 8:45 am]
BILLING CODE 4310–MR–P
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 a revision of a
currently approved information
collection (OMB Control Number 1010–
0107).
AGENCY:
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are notifying the public that
we have submitted to the Office of
Management and Budget (OMB) an
information collection request (ICR) to
renew approval of the paperwork
requirements in the regulations under
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35696
Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices
30 CFR part 218, subpart A—General
Provisions; subpart B—Oil and Gas,
General; and subpart E—Solid
Minerals—General. 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 218. The previous title of this ICR
was ‘‘30 CFR Part 218, Subpart B—Oil
and Gas, General.’’ The new title of this
ICR is ‘‘30 CFR Part 218, Subpart A—
General Provisions, § 218.42 Cross-lease
netting in calculation of late-payment
interest; Subpart B—Oil and Gas,
General, §§ 218.52 How does a lessee
designate a Designee? (Form MMS–
4425, Designation Form for Royalty
Payment Responsibility) and 218.53
Recoupment of overpayments on Indian
mineral leases; and Subpart E—Solid
Minerals—General, § 218.203
Recoupment of overpayments on Indian
mineral leases.’’
DATES: Submit written comments on or
before July 21, 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 1010–0107). Mail 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 or wish
to hand-carry your comments, the
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.
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
a copy, at no cost, of the form and
regulations that require this collection
of information.
SUPPLEMENTARY INFORMATION: Title: 30
CFR Part 218, Subpart A—General
Provisions, § 218.42 Cross-lease netting
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in calculation of late-payment interest;
Subpart B—Oil and Gas, General,
§§ 218.52 How does a lessee designate a
Designee? (Form MMS–4425,
Designation Form for Royalty Payment
Responsibility) and 218.53 Recoupment
of overpayments on Indian mineral
leases; and Subpart E—Solid Minerals—
General, § 218.203 Recoupment of
overpayments on Indian mineral leases.
OMB Control Number: 1010–0107.
Bureau Form Number: Form MMS–
4425.
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 has a 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 carrying out the
Department’s trust responsibility.
This ICR includes unique reporting
circumstances including designation of
designee, cross-lease netting in
calculation of late-payment interest, and
tribal permission for recoupment on
Indian leases. Applicable citations of
the laws pertaining to mineral leases
include Public Law 97–451—Jan. 12,
1983 (Federal Oil and Gas Royalty
Management Act of 1982 [FOGRMA]);
Public Law 104–185—Aug. 13, 1996
(Federal Oil and Gas Royalty
Simplification and Fairness Act of 1996
[RSFA]), as corrected by Public Law
104–200—Sept. 22, 1996); and the
Indian Mineral Development Act of
1982 (25 U.S.C. 2101 et seq.). Public
laws pertaining to mineral royalties are
located on our Web site at https://
www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
Designation of Designee
The RSFA established that owners of,
primarily, operating rights or,
secondarily, lease record title (both
referred to as ‘‘lessees’’) are responsible
for making royalty and related payments
on Federal oil and gas leases. These
RSFA requirements were promulgated
in regulations at 30 CFR 218.52. It is
common, however, for a payor rather
than a lessee to make these payments.
When a payor makes payments on
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behalf of a lessee, RSFA section 6(g)
requires that the lessee designate the
payor as its designee and notify MMS of
this arrangement in writing. The MMS
designed Form MMS–4425, Designation
Form for Royalty Payment
Responsibility, to request all the
information necessary for lessees to
comply with these RSFA requirements
when they choose to designate an agent
to pay for them. The MMS requires this
information to ensure proper mineral
revenue collection.
Cross-Lease Netting in Calculation of
Late-Payment Interest
Regulations at 30 CFR 218.54 require
MMS to assess interest on unpaid or
underpaid amounts. The MMS
distributes these interest revenues to
states, Indians, and the U.S. Treasury,
based on financial lease distribution
information. Current regulations at 30
CFR 218.42 provide that an
overpayment on a lease or leases may be
offset against an underpayment on a
different lease or leases to determine the
net payment subject to interest, when
certain conditions are met. This is
called cross-lease netting. However,
RSFA sections 6(a), (b), and (c) require
MMS to pay interest on lessees’ Federal
oil and gas overpayments made on or
after February 13, 1997 (6 months after
the August 13, 1996, enactment of
RSFA). The MMS implemented this
RSFA provision in 1997 and began
calculating interest on both
underpayments and overpayments for
Federal oil and gas leases, making the
cross-lease netting provisions at 30 CFR
218.42 no longer applicable for these
leases. The MMS is currently
developing regulations to amend 30 CFR
218.42 to limit its applicability to
payments made under Indian tribal
leases and Federal leases for minerals
other than oil and gas. The MMS
estimates that, in about seven cases per
year, lessees must comply with the
provisions of 30 CFR 218.42(b) and (c)
for Indian tribal leases or Federal leases
other than oil and gas, demonstrating
that cross-lease netting is correct by
submitting production reports, pipeline
allocation reports, or other similar
documentary evidence. This
information is necessary for MMS to
determine the correct amount of interest
owed by the lessee and to ensure proper
value is collected.
Tribal Permission for Recoupment on
Indian Leases
In order to report cross-lease netting
on Indian leases, lessees must also
comply with regulations at 30 CFR
2l8.53(b) and 218.203(b), allowing only
lessees with written permission from
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices
the tribe to recoup overpayments on one
lease against a different lease for which
the tribe is the lessor. The payor must
furnish MMS with a copy of the tribe’s
written permission. Generally, a payor
may recoup an overpayment against the
current month’s royalties or other
revenues owed on the same tribal lease.
For any month, a payor may not recoup
more than 50 percent of the royalties or
other revenues owed in that month,
under an individual allotted lease, or
more than 100 percent of the royalties
or other revenues owed in that month,
under a tribal lease. Lessees use Form
MMS–2014, Report of Sales and Royalty
Remittance (burden hours covered
under ICR 1010–0140, expires October
31, 2006), for oil and gas lease
recoupments and Form MMS–4430,
Solid Mineral Production and Royalty
Report (burden hours covered under ICR
1010–0120, expires October 31, 2007),
for solid mineral lease recoupments.
The MMS requires tribal permission to
ensure tribes and individual Indian
mineral owners receive correct revenues
from production on their leases.
The MMS is requesting OMB’s
approval to continue to collect this
information. Not collecting this
information would limit the Secretary’s
ability to discharge his/her duties and
may also result in loss of royalty
payments. Proprietary information
submitted is protected, and there are no
questions of a sensitive nature included
in this information collection.
Frequency: On occasion.
Estimated Number and Description of
Respondents: 1,613 Federal and Indian
lessees.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 1,220
hours.
We have not included in our
estimates certain requirements
performed in the normal course of
business and considered usual and
customary. The following chart shows
the estimated burden hours by CFR
section and paragraph:
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation 30 CFR 218
Hour burden
Reporting and recordkeeping requirement
Average
number
of annual
responses
Annual
burden
Hours
Subpart A—General Provisions—Cross-lease netting in calculation of late-payment interest.
218.42(b) and (c) ..............
Cross-lease netting in calculation of late-payment interest. (b) Royalties attrib2
uted to production from a lease or leases which should have been attributed to production from a different lease or leases may be offset * * * if
* * * the payor submits production reports, pipeline allocation reports, or
other similar documentary evidence pertaining to the specific production involved which verifies the correct production information * * *.
(c) If MMS assesses late-payment interest and the payor asserts that some
or all of the interest is not owed * * * the burden is on the payor to demonstrate that the exception applies * * .
Subpart B—Oil and Gas, General—How does a lessee designate a Designee?
218.52 (a), (c), and (d) .....
How does a lessee designate a Designee? (a) If you are a lessee under 30
U.S.C. 1701(7), and you want to designate a person to make all or part of
the payments due under a lease on your behalf * * * you must notify MMS
* * * in writing of such designation * * *.
(c) If you want to terminate a designation * * * you must provide [the following] to MMS in writing * * *.
(d) MMS may require you to provide notice when there is a change in the
percentage of your record title or operating rights ownership..
The MMS currently uses Form MMS–4425, Designation Form for Royalty
Payment Responsibility to collect this information.
0.75
7
14
1,600
1,200
5
5
1
1
1,613
1,220
Subpart B—Oil and Gas, General—Recoupment of overpayments on Indian mineral leases.
218.53 ...............................
(b)Recoupment of overpayments on Indian mineral leases. (b) With written
permission authorized by tribal statute or resolution, a payor may recoup
an overpayment against royalties or other revenues owed * * * under other
leases * * *. A copy of the tribe’s written permission must be furnished to
MMS * * *.
1
Subpart E—Solid Minerals—General—Recoupment of overpayments on Indian mineral leases.
218.203 (b) .......................
Recoupment of overpayments on Indian mineral leases. (b) With written permission authorized by tribal statute or resolution, a payor may recoup an
overpayment against royalties or other revenues owed in that month under
other leases for which that tribe is the lessor. A copy of the tribe’s written
permission must be furnished to MMS * * * [following] instructions * * *.
Total Burden ..............
..................
We are revising this ICR to include
regulations at 30 CFR 218.42(b) and (c)
Cross-lease netting in calculation of late-
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payment interest and 30 CFR 218.203(b)
Recoupment of overpayments on Indian
mineral leases, which were not included
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in the previous renewal. Burden hours
for 30 CFR 218.57, which were included
in the previous renewal, are now
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices
covered in ICR 1010–0120 (expires
October 31, 2007).
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
October 19, 2004 (69 FR 61519),
announcing that we would submit this
ICR to OMB for approval. The notice
provided the required 60-day comment
period. We received no comments
relevant to the Federal Register 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 July 21, 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 a
respondent’s identity, as allowable by
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Jkt 205001
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: April 14, 2005.
Lucy Querques Denett,
Associate Director for Minerals Revenue
Management.
[FR Doc. 05–12134 Filed 6–20–05; 8:45 am]
BILLING CODE 4310–MR–P
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–
0122).
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 243. 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 243. The previous title of
this ICR was ‘‘30 CFR Part 243—
Suspensions Pending Appeal and
Bonding.’’ The new title of this ICR is
‘‘30 CFR 243—Suspensions Pending
Appeal and Bonding—Minerals
Revenue Management (Forms MMS–
4435, Administrative Appeal Bond;
MMS–4436, Letter of Credit; and MMS–
4437, Assignment of Certificate of
Deposit).’’
DATES: Submit written comments on or
before July 21, 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
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Fmt 4703
Sfmt 4703
for the Department of the Interior (OMB
Control Number 1010–0122). Mail 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 or wish
to hand-carry your comments, our
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.
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
a copy at no cost of the forms and
regulations that require the subject
collection of information.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR 243—Suspensions
Pending Appeal and Bonding—Minerals
Revenue Management (Forms MMS–
4435, Administrative Appeal Bond;
MMS–4436, Letter of Credit; and MMS–
4437, Assignment of Certificate of
Deposit).
OMB Control Number: 1010–0122.
Bureau Form Number: Forms MMS–
4435, MMS–4436, and MMS–4437.
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 of 1920 (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 has a
trust responsibility to manage Indian
lands and seek advice and information
from Indian beneficiaries. The MMS
performs the royalty management
functions for the Secretary and assists
the Secretary in carrying out the
Department’s trust responsibility.
Additional applicable citations of the
laws pertaining to mineral leases
include Public Law 97–451—Jan. 12,
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]]>Agencies
[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35695-35698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12134]
-----------------------------------------------------------------------
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 a revision of a currently approved information
collection (OMB Control Number 1010-0107).
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we
are notifying the public that we have submitted to the Office of
Management and Budget (OMB) an information collection request (ICR) to
renew approval of the paperwork requirements in the regulations under
[[Page 35696]]
30 CFR part 218, subpart A--General Provisions; subpart B--Oil and Gas,
General; and subpart E--Solid Minerals--General. 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 218. The previous title of this ICR was ``30 CFR Part 218, Subpart
B--Oil and Gas, General.'' The new title of this ICR is ``30 CFR Part
218, Subpart A--General Provisions, Sec. 218.42 Cross-lease netting in
calculation of late-payment interest; Subpart B--Oil and Gas, General,
Sec. Sec. 218.52 How does a lessee designate a Designee? (Form MMS-
4425, Designation Form for Royalty Payment Responsibility) and 218.53
Recoupment of overpayments on Indian mineral leases; and Subpart E--
Solid Minerals--General, Sec. 218.203 Recoupment of overpayments on
Indian mineral leases.''
DATES: Submit written comments on or before July 21, 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 1010-0107). Mail 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 or wish to
hand-carry your comments, the 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.
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 a copy, at no cost, of the form
and regulations that require this collection of information.
SUPPLEMENTARY INFORMATION: Title: 30 CFR Part 218, Subpart A--General
Provisions, Sec. 218.42 Cross-lease netting in calculation of late-
payment interest; Subpart B--Oil and Gas, General, Sec. Sec. 218.52
How does a lessee designate a Designee? (Form MMS-4425, Designation
Form for Royalty Payment Responsibility) and 218.53 Recoupment of
overpayments on Indian mineral leases; and Subpart E--Solid Minerals--
General, Sec. 218.203 Recoupment of overpayments on Indian mineral
leases.
OMB Control Number: 1010-0107.
Bureau Form Number: Form MMS-4425.
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 has a 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 carrying
out the Department's trust responsibility.
This ICR includes unique reporting circumstances including
designation of designee, cross-lease netting in calculation of late-
payment interest, and tribal permission for recoupment on Indian
leases. Applicable citations of the laws pertaining to mineral leases
include Public Law 97-451--Jan. 12, 1983 (Federal Oil and Gas Royalty
Management Act of 1982 [FOGRMA]); Public Law 104-185--Aug. 13, 1996
(Federal Oil and Gas Royalty Simplification and Fairness Act of 1996
[RSFA]), as corrected by Public Law 104-200--Sept. 22, 1996); and the
Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.). Public
laws pertaining to mineral royalties are located on our Web site at
https://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm.
Designation of Designee
The RSFA established that owners of, primarily, operating rights
or, secondarily, lease record title (both referred to as ``lessees'')
are responsible for making royalty and related payments on Federal oil
and gas leases. These RSFA requirements were promulgated in regulations
at 30 CFR 218.52. It is common, however, for a payor rather than a
lessee to make these payments. When a payor makes payments on behalf of
a lessee, RSFA section 6(g) requires that the lessee designate the
payor as its designee and notify MMS of this arrangement in writing.
The MMS designed Form MMS-4425, Designation Form for Royalty Payment
Responsibility, to request all the information necessary for lessees to
comply with these RSFA requirements when they choose to designate an
agent to pay for them. The MMS requires this information to ensure
proper mineral revenue collection.
Cross-Lease Netting in Calculation of Late-Payment Interest
Regulations at 30 CFR 218.54 require MMS to assess interest on
unpaid or underpaid amounts. The MMS distributes these interest
revenues to states, Indians, and the U.S. Treasury, based on financial
lease distribution information. Current regulations at 30 CFR 218.42
provide that an overpayment on a lease or leases may be offset against
an underpayment on a different lease or leases to determine the net
payment subject to interest, when certain conditions are met. This is
called cross-lease netting. However, RSFA sections 6(a), (b), and (c)
require MMS to pay interest on lessees' Federal oil and gas
overpayments made on or after February 13, 1997 (6 months after the
August 13, 1996, enactment of RSFA). The MMS implemented this RSFA
provision in 1997 and began calculating interest on both underpayments
and overpayments for Federal oil and gas leases, making the cross-lease
netting provisions at 30 CFR 218.42 no longer applicable for these
leases. The MMS is currently developing regulations to amend 30 CFR
218.42 to limit its applicability to payments made under Indian tribal
leases and Federal leases for minerals other than oil and gas. The MMS
estimates that, in about seven cases per year, lessees must comply with
the provisions of 30 CFR 218.42(b) and (c) for Indian tribal leases or
Federal leases other than oil and gas, demonstrating that cross-lease
netting is correct by submitting production reports, pipeline
allocation reports, or other similar documentary evidence. This
information is necessary for MMS to determine the correct amount of
interest owed by the lessee and to ensure proper value is collected.
Tribal Permission for Recoupment on Indian Leases
In order to report cross-lease netting on Indian leases, lessees
must also comply with regulations at 30 CFR 2l8.53(b) and 218.203(b),
allowing only lessees with written permission from
[[Page 35697]]
the tribe to recoup overpayments on one lease against a different lease
for which the tribe is the lessor. The payor must furnish MMS with a
copy of the tribe's written permission. Generally, a payor may recoup
an overpayment against the current month's royalties or other revenues
owed on the same tribal lease. For any month, a payor may not recoup
more than 50 percent of the royalties or other revenues owed in that
month, under an individual allotted lease, or more than 100 percent of
the royalties or other revenues owed in that month, under a tribal
lease. Lessees use Form MMS-2014, Report of Sales and Royalty
Remittance (burden hours covered under ICR 1010-0140, expires October
31, 2006), for oil and gas lease recoupments and Form MMS-4430, Solid
Mineral Production and Royalty Report (burden hours covered under ICR
1010-0120, expires October 31, 2007), for solid mineral lease
recoupments. The MMS requires tribal permission to ensure tribes and
individual Indian mineral owners receive correct revenues from
production on their leases.
The MMS is requesting OMB's approval to continue to collect this
information. Not collecting this information would limit the
Secretary's ability to discharge his/her duties and may also result in
loss of royalty payments. Proprietary information submitted is
protected, and there are no questions of a sensitive nature included in
this information collection.
Frequency: On occasion.
Estimated Number and Description of Respondents: 1,613 Federal and
Indian lessees.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 1,220
hours.
We have not included in our estimates certain requirements
performed in the normal course of business and considered usual and
customary. The following chart shows the estimated burden hours by CFR
section and paragraph:
Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
Average
Hour number of Annual
Citation 30 CFR 218 Reporting and recordkeeping requirement burden annual burden
responses Hours
----------------------------------------------------------------------------------------------------------------
Subpart A--General Provisions--Cross-lease netting in calculation of late-payment interest.
----------------------------------------------------------------------------------------------------------------
218.42(b) and (c).................... Cross-lease netting in calculation of 2 7 14
late-payment interest. (b) Royalties
attributed to production from a lease
or leases which should have been
attributed to production from a
different lease or leases may be
offset * * * if * * * the payor
submits production reports, pipeline
allocation reports, or other similar
documentary evidence pertaining to the
specific production involved which
verifies the correct production
information * * *.
(c) If MMS assesses late-payment
interest and the payor asserts that
some or all of the interest is not
owed * * * the burden is on the payor
to demonstrate that the exception
applies * * .
Subpart B--Oil and Gas, General--How does a lessee designate a Designee?
----------------------------------------------------------------------------------------------------------------
218.52 (a), (c), and (d)............. How does a lessee designate a Designee? 0.75 1,600 1,200
(a) If you are a lessee under 30
U.S.C. 1701(7), and you want to
designate a person to make all or part
of the payments due under a lease on
your behalf * * * you must notify MMS
* * * in writing of such designation *
* *.
(c) If you want to terminate a
designation * * * you must provide
[the following] to MMS in writing * *
*.
(d) MMS may require you to provide
notice when there is a change in the
percentage of your record title or
operating rights ownership..
The MMS currently uses Form MMS-4425,
Designation Form for Royalty Payment
Responsibility to collect this
information.
--------------------------------------
Subpart B--Oil and Gas, General--Recoupment of overpayments on Indian mineral leases.
----------------------------------------------------------------------------------------------------------------
218.53............................... (b)Recoupment of overpayments on Indian 1 5 5
mineral leases. (b) With written
permission authorized by tribal
statute or resolution, a payor may
recoup an overpayment against
royalties or other revenues owed * * *
under other leases * * *. A copy of
the tribe's written permission must be
furnished to MMS * * *.
--------------------------------------
Subpart E--Solid Minerals--General--Recoupment of overpayments on Indian mineral leases.
----------------------------------------------------------------------------------------------------------------
218.203 (b).......................... Recoupment of overpayments on Indian 1 1 1
mineral leases. (b) With written
permission authorized by tribal
statute or resolution, a payor may
recoup an overpayment against
royalties or other revenues owed in
that month under other leases for
which that tribe is the lessor. A copy
of the tribe's written permission must
be furnished to MMS * * * [following]
instructions * * *.
------------------------------------------
Total Burden..................... .......... 1,613 1,220
----------------------------------------------------------------------------------------------------------------
We are revising this ICR to include regulations at 30 CFR 218.42(b)
and (c) Cross-lease netting in calculation of late-payment interest and
30 CFR 218.203(b) Recoupment of overpayments on Indian mineral leases,
which were not included in the previous renewal. Burden hours for 30
CFR 218.57, which were included in the previous renewal, are now
[[Page 35698]]
covered in ICR 1010-0120 (expires October 31, 2007).
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 October 19, 2004 (69 FR 61519),
announcing that we would submit this ICR to OMB for approval. The
notice provided the required 60-day comment period. We received no
comments relevant to the Federal Register 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 July 21, 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 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: April 14, 2005.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 05-12134 Filed 6-20-05; 8:45 am]
BILLING CODE 4310-MR-P
