Agency Information Collection Activities: Submitted for Office of Management and Budget (OMB) Review; Comment Request, 45418-45421 [05-15532]
Download as PDF
<![CDATA[
45418
Federal Register / Vol. 70, No. 150 / Friday, August 5, 2005 / Notices
District Advisory Council to the Bureau
of Land Management, U.S. Department
of the Interior, will participate in a field
tour of BLM-administered public lands
on Friday, September 23, 2005, from
7:30 a.m. to 5 p.m., and meet in formal
session on Saturday, September 24 from
8 a.m. to 5 p.m. at the Baker Community
Center, located at 56725 Park Avenue in
Baker.
The Council and interested members
of the public will depart for a field tour
at 7:30 a.m. from the Desert Studies
Center at Zzyzx. The public is welcome
to participate in the tour, but should
plan on providing their own
transportation, drinks, and lunch. Tour
stops and presentations and meeting
agenda topics will be announced later.
SUPPLEMENTARY INFORMATION: All Desert
District Advisory Council meetings are
open to the public. Time for public
comment may be made available by the
Council Chairman during the
presentation of various agenda items,
and is scheduled at the end of the
meeting for topics not on the agenda.
Public comment for items not on the
agenda will be scheduled at the
beginning of the meeting Saturday
morning.
Written comments may be filed in
advance of the meeting for the
California Desert District Advisory
Council, c/o Bureau of Land
Management, Public Affairs Office,
22835 Calle San Juan De Los Lagos,
Moreno Valley, California 92553.
Written comments also are accepted at
the time of the meeting and, if copies
are provided to the recorder, will be
incorporated into the minutes.
FOR FURTHER INFORMATION CONTACT:
Doran Sanchez, BLM California Desert
District Public Affairs Specialist (951)
697–5220.
Dated: July 26, 2005.
Linda Hansen,
District Manager.
[FR Doc. 05–15482 Filed 8–4–05; 8:45 am]
BILLING CODE 4310–40–P
Bureau of Land Management
DEPARTMENT OF THE INTERIOR
[UT–910–05–1040–PH–24–1A]
Minerals Management Service
Notice of Utah Resource Advisory
Council Meeting
Bureau of Land Management,
Department of the Interior.
ACTION: Notice of Utah Resource
Advisory Council (RAC) meeting.
AGENCY:
SUMMARY: In accordance with the
Federal Land Policy and Management
15:34 Aug 04, 2005
Dated: July 27, 2005.
Gene Terland,
Associate State Director.
[FR Doc. 05–15466 Filed 8–4–05; 8:45 am]
BILLING CODE 4310–DK–P
DEPARTMENT OF THE INTERIOR
VerDate jul<14>2003
Act (FLPMA) and the Federal Advisory
Committee Act of 1972 (FACA), the U.S.
Department of the Interior, Bureau of
Land Management’s (BLM) Utah
Resource Advisory Council (RAC) will
meet as indicated below.
DATES: The Utah Resource Advisory
Council (RAC) will meet September 8
(8–5) and September 9 (8–12:15), 2005,
in Blanding, Utah. On September 8, the
RAC will meet at the Edge of the Cedars
State Park Museum (located at 660 West
400 North, Blanding) for a field trip to
the Four Corners region of Utah. On
September 9, the RAC will meet at the
Blanding Arts & Events Center
Auditorium (located at 715 West 200
South, Blanding). A half-hour public
comment period is scheduled to begin at
11:30 a.m. on September 9. Written
comments may be sent to the Bureau of
Land Management address listed below.
FOR FURTHER INFORMATION CONTACT:
Sherry Foot, Special Programs
Coordinator, Utah State Office, Bureau
of Land Management, P.O. Box 45155,
Salt Lake City, Utah 84145–0155; phone
(801) 539–4195.
SUPPLEMENTARY INFORMATION: On
September 8, the RAC will be
introduced to the cultural resources and
their relationship to other resources.
The field trip will focus on the Comb
Ridge area and include short hikes and
a drive through Butler and Comb
Washes. On September 9, the RAC will
be given updates on the Resource
Management Plans, Fires across the
state, and Day-Ride Maps. An overview
of issues occurring on BLM Utah lands,
an update from the Factory Butte RAC
Subgroup and a presentation on the role
of the Public Lands Council will also be
given.
All meetings are open to the public;
however, transportation, lodging, and
meals are the responsibility of the
participating public.
Jkt 205001
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
AGENCY:
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
collection (OMB Control Number 1010–
0073).
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 220. This notice also
provides the public a second
opportunity to comment on the
paperwork burden of these regulatory
requirements. The previous title of this
ICR was ‘‘30 CFR part 220, Accounting
Procedures for Determining Net Profit
Share Payment for Outer Continental
Shelf Oil and Gas Leases.’’ The new title
of this ICR is ‘‘30 CFR part 220—
Accounting Procedures for Determining
Net Profit Share Payment for Outer
Continental Shelf Oil and Gas Leases,
§ 220.010 NPSL capital account,
§ 220.030 Maintenance of records,
§ 220.031 Reporting and payment
requirements, § 220.032 Inventories, and
§ 220.033 Audits.’’
DATES: Submit written comments on or
before September 6, 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 1010–0073). Mail your
comments to Sharron L. Gebhardt, Lead
Regulatory Specialist, Chief of Staff
Office, 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 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.
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 regulations that
require the subject collection of
information.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\05AUN1.SGM
05AUN1
Federal Register / Vol. 70, No. 150 / Friday, August 5, 2005 / Notices
Title: 30 CFR part 220—Accounting
Procedures for Determining Net Profit
Share Payment for Outer Continental
Shelf Oil and Gas Leases, § 220.010
NPSL capital account, § 220.030
Maintenance of records, § 220.031
Reporting and payment requirements,
§ 220.032 Inventories, and § 220.033
Audits.
OMB Control Number: 1010–0073.
Bureau Form Number: None.
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 MMS performs the
royalty management functions for the
Secretary.
Applicable Citations
Applicable citations of the laws are
the Federal Oil and Gas Royalty
Management Act of 1982 (Pub. L. 97–
451—Jan. 12, 1983); the Outer
Continental Shelf Lands Act of 1953 (43
U.S.C. 1353) (Pub. L. 212—Aug. 7, 1953,
as amended by Pub. L. 93–627—Jan. 3,
1975, Pub. L. 95–372—Sept. 18, 1978,
and Pub. L. 98–498—Oct. 19, 1984); and
the Mineral Leasing Act (30 U.S.C.
1923). These citations can be viewed on
our Web site at https://
www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
The Code of Federal Regulations
(CFR) citations covering the net profit
share lease (NPSL) program are located
at 30 CFR part 220—Accounting
Procedures for Determining Net Profit
Share Payment for Outer Continental
Shelf Oil and Gas Leases.
General Information
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 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.
VerDate jul<14>2003
15:34 Aug 04, 2005
Jkt 205001
45419
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 royalties or net
profit share payments are properly
valued and appropriately paid.
Proprietary information submitted to
MMS under this collection is protected,
and no items of a sensitive nature are
collected.
NPSL Inventories
NPSL Bidding System
This collection of information is
necessary in order to determine when
net profit share payments are due and
to ensure royalties or net profit share
payments are properly valued and
appropriately paid.
We are revising this ICR to add
citations related to records management
at 30 CFR 220.030(a) and inventories at
§ 220.032(b). We added a new citation
for a PRA-exempt requirement related to
audits at § 220.033(e). For clarification,
we added § 220.031(c) related to
payment requirements. We have not
included in our estimates certain
requirements performed in the normal
course of business, which are
considered usual and customary.
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: Annually, monthly, and
on occasion.
Estimated Number and Description of
Respondents: 9 lessees.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 1,583
hours.
All nine lessees report monthly
because all current NPSLs are in
producing status. Because the
requirements for establishment of
capital accounts at § 220.010(a) and
capital account annual reporting at
§ 220.031(a) are necessary only during
non-producing status of a lease, we
included only one response annually for
these requirements, in case a new NPSL
is established. The following chart
shows the estimated burden hours by
CFR section and paragraph:
To encourage exploration and
development of oil and gas leases on
submerged Federal lands on the OCS,
regulations were promulgated at 30 CFR
part 260—Outer Continental Shelf Oil
and Gas Leasing. Specific
implementation regulations for the
NPSL bidding system are promulgated
at 30 CFR 260.110(d), covered under
ICR 1010–0143 (expires December 31,
2006). The MMS established the NPSL
bidding system to properly balance a
fair market return to the Federal
Government for the lease of its lands,
with a fair profit to companies risking
their investment capital. The system
provides an incentive for early and
expeditious exploration and
development and provides for sharing
the risks by the lessee and the Federal
Government. The NPSL bidding system
incorporates a fixed capital recovery
system as a means through which the
lessee recovers costs of exploration and
development from production revenues,
along with a reasonable return on
investment.
NPSL Capital Account
The Federal Government does not
receive a profit share payment from an
NPSL until the lessee shows a credit
balance in its capital account; that is,
cumulative revenues and other credits
exceed cumulative costs. The credit
balance is multiplied by the net profit
share rate (30 to 50 percent), resulting
in the amount of net profit share
payment due the Federal Government.
The MMS requires lessees to maintain
an NPSL capital account for each lease,
which transfers to a new owner when
sold. Following the cessation of
production, lessees are also required to
provide either an annual or a monthly
report to the Federal Government, using
data from the capital account.
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
The NPSL lessees must notify MMS of
their intent to perform an inventory and
file a report after each inventory of
controllable materiel.
NPSL Audits
When non-operators of an NPSL call
for an audit, they must notify MMS.
When MMS calls for an audit, the lessee
must notify all non-operators on the
lease. These requirements are located at
30 CFR 220.033.
Summary
E:\FR\FM\05AUN1.SGM
05AUN1
45420
Federal Register / Vol. 70, No. 150 / Friday, August 5, 2005 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation 30 CFR 220
Reporting & recordkeeping requirement
Number of annual responses
Hour burden
Annual burden
hours
PART 220—ACCOUNTING PROCEDURES FOR DETERMINING NET PROFIT SHARE PAYMENT FOR OUTER CONTINENTAL SHELF OIL
AND GAS LEASES
§ 220.010
220.010(a) ..................
(a) For each NPSL tract, an NPSL capital account shall be established and maintained by the lessee for NPSL operations * * *.
§ 220.030
220.030(a) and (b) ......
220.031(b) ..................
220.031(c) ...................
220.031(d) ..................
220.031(e) ..................
220.033(b)(2) ..............
220.033(e) ..................
Total Burden ........
(a) Each lessee subject to this part shall file an annual report during the period from issuance of the NPSL until the first month in
which production revenues are credited to the NPSL capital account * * *.
(b) Beginning with the first month in which production revenues are
credited to the NPSL capital account, each lessee * * * shall file
a report for each NPSL, not later than 60 days following the end
of each month * * *.
(c) Each lessee subject to this Part 220 shall submit, together with
the report required * * * any net profit share payment due * * *.
(d) Each lessee * * * shall file a report not later than 90 days after
each inventory is taken * * *.
(e) Each lessee * * * shall file a final report, not later than 60 days
following the cessation of production * * *.
VerDate jul<14>2003
1
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
PO 00000
1
16
13
108
1,404
Burden hours covered under 220.031(b).
8
Frm 00068
Fmt 4703
9
72
4
9
36
1
9
9
2
9
18
2
9
18
Audits
.............................................................................................................
Jkt 205001
9
Inventories
(b)(1) When nonoperators of an NPSL lease call an audit in accordance with the terms of their operating agreement, the Director
shall be notified of the audit call * * *.
(b)(2) If DOI determines to call for an audit, DOI shall notify the lessee of its audit call and set a time and place for the audit. * * *
The lessee shall send copies of the notice to the nonoperators
on the lease * * *.
(e) Records required to be kept under § 220.030(a) shall be made
available for inspection by any authorized agent of DOI * * *.
15:34 Aug 04, 2005
9
16
(b) At reasonable intervals, but at least once every three years, inventories of controllable materiel shall be taken by the lessee.
Written notice of intention to take inventory shall be given by the
lessee at least 30 days before any inventory is to be taken so
that the Director may be represented at the taking of inventory * *
*.
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.
1
Reporting and payment requirements
§ 220.033
220.033(b)(1) ..............
1
Maintenance of records
§ 220.032
220.032(b) ..................
1
(a) Each lessee * * * shall establish and maintain such records as
are necessary * * *.
§ 220.031
220.031(a) ..................
NPSL capital account.
Sfmt 4703
The Office of Regulatory Affairs has determined
that the audit process is not covered by the
PRA because MMS staff asks non-standard
questions to resolve exceptions.
........................
164
1,583
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
E:\FR\FM\05AUN1.SGM
05AUN1
Federal Register / Vol. 70, No. 150 / Friday, August 5, 2005 / Notices
November 16, 2004 (69 FR 67162),
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 September 6, 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.
Pursuant to section 60.13 of 36 CFR
part 60 written comments concerning
the significance of these properties
under the National Register criteria for
evaluation may be forwarded by United
States Postal Service, to the National
Register of Historic Places, National
Park Service, 1849 C St., NW., 2280,
Washington, DC 20240; by all other
carriers, National Register of Historic
Places, National Park Service, 1201 Eye
St., NW., 8th floor, Washington DC
20005; or by fax, 202–371–6447. Written
or faxed comments should be submitted
by August 22, 2005.
Dated: May 9, 2005.
Lucy Querques Denett,
Associate Director for Minerals Revenue
Management.
[FR Doc. 05–15532 Filed 8–4–05; 8:45 am]
Lucas County
Chariton Free Public Library, 803 Braden,
Chariton, 05000906
BILLING CODE 4310–MR–P
National Park Service
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
Nominations for the following
properties being considered for listing
or related actions in the National
Register were received by the National
Park Service before July 16, 2005.
15:34 Aug 04, 2005
Jkt 205001
MICHIGAN
Wayne County
Schmidt, Carl E and Alice Candler, House,
301 Lake Shore Rd., Grosse Pointe Farms,
05000909
MISSISSIPPI
Madison County
Mississippi Institute of Aeronautics Aircraft
Hangars, Bruce Campbell Field, 7496 Old
Canton Rd., Madison, 05000910
MISSOURI
Pike County
North Third Street Historic District,
(Louisiana, Missouri MPS) Roughly
bounded by Georgia, Noyes, North Third
and North Water Sts., Louisiana, 05000912
NEW JERSEY
ALASKA
Ketchikan Gateway Borough-Census Area
Clover Pass School, Potter Rd. off Knudson
Cove Rd., Knudson Cove, 05000898
Ketchikan Federal Building, 648 Mission St.,
Ketchikan, 05000897
Cape May County
Caribbean Motel, (Motels of The Wildwoods
MPS) 5600 Ocean Ave., Borough of
Wildwood Crest, 05000915
Warren County
Allen, Jacob C., House, 206 W. Moore St.,
Hackettstown, 05000911
GEORGIA
Carroll County
Folds, Eric Vernon, House, 1575 GA 16,
Carrollton, 05000902
NORTH DAKOTA
Ransom County
DeKalb County
Stone Mountain Quarries Historic District,
Stone Mountain Memorial State Park,
Stone Mountain, 05000900
Mizpah Lodge Building, 260 Front St.,
Sheldon, 05000913
RHODE ISLAND
IOWA
Cherokee County
Cherokee Commercial Historic District, Parts
of Main, Maple and Willow, bet. 1st and
6th Sts., Cherokee, 05000903
Fayette County
St. Luke’s School and Recreation Center, 212
East Main, St. Lucas, 05000899
Jones County
St. Joseph’s Roman Catholic Church, 12472
Jones Cty Rd. X28, Stone City, 05000904
Scott County
Buffalo High School, 326 E 4th St., Buffalo,
05000901
Providence County
Nicholson File Company Mill Complex, 1–45
Acorn St., Providence, 05000918
Providence Steel and Iron Company
Complex, 27 Sims Ave., Providence,
05000919
United States Rubber Company Mill
Complex, Bounded by Hemlock and Valley
Sts, Richmond Place, and the
Woonasquatucket R, Providence, 05000917
VIRGINIA
Northampton County
Upper Ridge Site, Address Restricted,
Mockhorn Island, 05000914
Richmond Independent City
Shockeoe Slip Historic District (Boundary
Increase II), 11–15 and 101 South 15th St.,
1433 East Main St., Richmond
(Independent City), 05000916
WASHINGTON
Wapello County
Ottumwa Young Women’s Christian
Association, (Ottumwa MPS), 133 W.
Second St., Ottumwa, 05000907
DEPARTMENT OF THE INTERIOR
VerDate jul<14>2003
John W. Roberts,
Acting Chief, National Register/National
Historic Landmarks Program.
45421
King County
Keewaydin Clubhouse, 1836 72nd Ave. SE,
Mercer Island, 05000923
Washington County
Brookhart, Smith Wildman and Jennie
(Hearne), House, 1203 East Washington,
Washington, 05000905
Lewis County
Hubbard Bungalow, (Centralia Armistice
Day, 1919 MPS) 717 N. Washington Ave.,
Centralia, 05000922
MARYLAND
Spokane County
Bell, Dr. Robert and Jessie, House, 917 S.
Lincoln St., Spokane, 05000921
Hillyard High School, 5313 N. Regal St.,
Spokane, 05000920
Washington County
Kefauver Place, 20515 Park Hall Rd.,
Rohrersville, 05000908
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
E:\FR\FM\05AUN1.SGM
05AUN1
]]>Agencies
[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Notices]
[Pages 45418-45421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15532]
-----------------------------------------------------------------------
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 1010-0073).
-----------------------------------------------------------------------
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 220. This notice also
provides the public a second opportunity to comment on the paperwork
burden of these regulatory requirements. The previous title of this ICR
was ``30 CFR part 220, Accounting Procedures for Determining Net Profit
Share Payment for Outer Continental Shelf Oil and Gas Leases.'' The new
title of this ICR is ``30 CFR part 220--Accounting Procedures for
Determining Net Profit Share Payment for Outer Continental Shelf Oil
and Gas Leases, Sec. 220.010 NPSL capital account, Sec. 220.030
Maintenance of records, Sec. 220.031 Reporting and payment
requirements, Sec. 220.032 Inventories, and Sec. 220.033 Audits.''
DATES: Submit written comments on or before September 6, 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 1010-0073). Mail your comments to
Sharron L. Gebhardt, Lead Regulatory Specialist, Chief of Staff Office,
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 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.
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
regulations that require the subject collection of information.
SUPPLEMENTARY INFORMATION:
[[Page 45419]]
Title: 30 CFR part 220--Accounting Procedures for Determining Net
Profit Share Payment for Outer Continental Shelf Oil and Gas Leases,
Sec. 220.010 NPSL capital account, Sec. 220.030 Maintenance of
records, Sec. 220.031 Reporting and payment requirements, Sec.
220.032 Inventories, and Sec. 220.033 Audits.
OMB Control Number: 1010-0073.
Bureau Form Number: None.
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 MMS performs the royalty management functions for the Secretary.
Applicable Citations
Applicable citations of the laws are the Federal Oil and Gas
Royalty Management Act of 1982 (Pub. L. 97-451--Jan. 12, 1983); the
Outer Continental Shelf Lands Act of 1953 (43 U.S.C. 1353) (Pub. L.
212--Aug. 7, 1953, as amended by Pub. L. 93-627--Jan. 3, 1975, Pub. L.
95-372--Sept. 18, 1978, and Pub. L. 98-498--Oct. 19, 1984); and the
Mineral Leasing Act (30 U.S.C. 1923). These citations can be viewed on
our Web site at https://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm.
The Code of Federal Regulations (CFR) citations covering the net
profit share lease (NPSL) program are located at 30 CFR part 220--
Accounting Procedures for Determining Net Profit Share Payment for
Outer Continental Shelf Oil and Gas Leases.
General Information
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 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 royalties or net profit share payments are properly
valued and appropriately paid. Proprietary information submitted to MMS
under this collection is protected, and no items of a sensitive nature
are collected.
NPSL Bidding System
To encourage exploration and development of oil and gas leases on
submerged Federal lands on the OCS, regulations were promulgated at 30
CFR part 260--Outer Continental Shelf Oil and Gas Leasing. Specific
implementation regulations for the NPSL bidding system are promulgated
at 30 CFR 260.110(d), covered under ICR 1010-0143 (expires December 31,
2006). The MMS established the NPSL bidding system to properly balance
a fair market return to the Federal Government for the lease of its
lands, with a fair profit to companies risking their investment
capital. The system provides an incentive for early and expeditious
exploration and development and provides for sharing the risks by the
lessee and the Federal Government. The NPSL bidding system incorporates
a fixed capital recovery system as a means through which the lessee
recovers costs of exploration and development from production revenues,
along with a reasonable return on investment.
NPSL Capital Account
The Federal Government does not receive a profit share payment from
an NPSL until the lessee shows a credit balance in its capital account;
that is, cumulative revenues and other credits exceed cumulative costs.
The credit balance is multiplied by the net profit share rate (30 to 50
percent), resulting in the amount of net profit share payment due the
Federal Government.
The MMS requires lessees to maintain an NPSL capital account for
each lease, which transfers to a new owner when sold. Following the
cessation of production, lessees are also required to provide either an
annual or a monthly report to the Federal Government, using data from
the capital account.
NPSL Inventories
The NPSL lessees must notify MMS of their intent to perform an
inventory and file a report after each inventory of controllable
materiel.
NPSL Audits
When non-operators of an NPSL call for an audit, they must notify
MMS. When MMS calls for an audit, the lessee must notify all non-
operators on the lease. These requirements are located at 30 CFR
220.033.
Summary
This collection of information is necessary in order to determine
when net profit share payments are due and to ensure royalties or net
profit share payments are properly valued and appropriately paid.
We are revising this ICR to add citations related to records
management at 30 CFR 220.030(a) and inventories at Sec. 220.032(b). We
added a new citation for a PRA-exempt requirement related to audits at
Sec. 220.033(e). For clarification, we added Sec. 220.031(c) related
to payment requirements. We have not included in our estimates certain
requirements performed in the normal course of business, which are
considered usual and customary.
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: Annually, monthly, and on occasion.
Estimated Number and Description of Respondents: 9 lessees.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 1,583
hours.
All nine lessees report monthly because all current NPSLs are in
producing status. Because the requirements for establishment of capital
accounts at Sec. 220.010(a) and capital account annual reporting at
Sec. 220.031(a) are necessary only during non-producing status of a
lease, we included only one response annually for these requirements,
in case a new NPSL is established. The following chart shows the
estimated burden hours by CFR section and paragraph:
[[Page 45420]]
Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
Number of
Citation 30 CFR 220 Reporting & recordkeeping Hour burden annual Annual burden
requirement responses hours
----------------------------------------------------------------------------------------------------------------
PART 220--ACCOUNTING PROCEDURES FOR DETERMINING NET PROFIT SHARE PAYMENT FOR OUTER CONTINENTAL SHELF OIL AND GAS
LEASES
----------------------------------------------------------------------------------------------------------------
Sec. 220.010 NPSL capital account.
----------------------------------------------------------------------------------------------------------------
220.010(a).................... (a) For each NPSL tract, an NPSL 1 1 1
capital account shall be
established and maintained by
the lessee for NPSL operations
* * *.
-------------------------------
Sec. 220.030 Maintenance of records
----------------------------------------------------------------------------------------------------------------
220.030(a) and (b)............ (a) Each lessee * * * shall 1 9 9
establish and maintain such
records as are necessary * * *.
-------------------------------
Sec. 220.031 Reporting and payment requirements
----------------------------------------------------------------------------------------------------------------
220.031(a).................... (a) Each lessee subject to this 16 1 16
part shall file an annual
report during the period from
issuance of the NPSL until the
first month in which production
revenues are credited to the
NPSL capital account * * *.
220.031(b).................... (b) Beginning with the first 13 108 1,404
month in which production
revenues are credited to the
NPSL capital account, each
lessee * * * shall file a
report for each NPSL, not later
than 60 days following the end
of each month * * *.
220.031(c).................... (c) Each lessee subject to this Burden hours covered under 220.031(b).
Part 220 shall submit, together
with the report required * * *
any net profit share payment
due * * *.
220.031(d).................... (d) Each lessee * * * shall file 8 9 72
a report not later than 90 days
after each inventory is taken *
* *.
220.031(e).................... (e) Each lessee * * * shall file 4 9 36
a final report, not later than
60 days following the cessation
of production * * *.
-------------------------------
Sec. 220.032 Inventories
----------------------------------------------------------------------------------------------------------------
220.032(b).................... (b) At reasonable intervals, but 1 9 9
at least once every three
years, inventories of
controllable materiel shall be
taken by the lessee. Written
notice of intention to take
inventory shall be given by the
lessee at least 30 days before
any inventory is to be taken so
that the Director may be
represented at the taking of
inventory * * *.
-------------------------------
Sec. 220.033 Audits
----------------------------------------------------------------------------------------------------------------
220.033(b)(1)................. (b)(1) When nonoperators of an 2 9 18
NPSL lease call an audit in
accordance with the terms of
their operating agreement, the
Director shall be notified of
the audit call * * *.
220.033(b)(2)................. (b)(2) If DOI determines to call 2 9 18
for an audit, DOI shall notify
the lessee of its audit call
and set a time and place for
the audit. * * * The lessee
shall send copies of the notice
to the nonoperators on the
lease * * *.
220.033(e).................... (e) Records required to be kept The Office of Regulatory Affairs has
under Sec. 220.030(a) shall determined that the audit process is not
be made available for covered by the PRA because MMS staff asks non-
inspection by any authorized standard questions to resolve exceptions.
agent of DOI * * *.
-----------------
Total Burden.............. ................................ .............. 164 1,583
----------------------------------------------------------------------------------------------------------------
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
[[Page 45421]]
November 16, 2004 (69 FR 67162), 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
September 6, 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: May 9, 2005.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 05-15532 Filed 8-4-05; 8:45 am]
BILLING CODE 4310-MR-P
