Agency Information Collection Activities: Proposed Collection, Comment Request, 10244-10255 [E7-3737]
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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices
the general mining laws for the
protection of the Bureau of Reclamation
Silver Jack Recreation Area. This notice
gives the public an opportunity to
comment on the proposed action and to
request a public meeting.
DATES: Comments and requests for a
public meeting must be received by June
5, 2007.
ADDRESSES: Comments and meeting
requests should be sent to the State
Director, Colorado State Office, Bureau
of Land Management (BLM), 2850
Youngfield Street, Lakewood, Colorado
80215–7093.
FOR FURTHER INFORMATION CONTACT: John
D. Beck, Branch of Lands and Realty,
Colorado State Office, at 303–239–3882.
SUPPLEMENTARY INFORMATION: The
withdrawal created by PLO No. 6733 (54
FR 30213) will expire July 18, 2009,
unless extended by the Secretary of the
Interior pursuant to section 204 of the
Federal Land Policy and Management
Act of 1976, 43 U.S.C. 1714. The public
land withdrew 100 acres of National
Forest land from the mining laws to
protect the BOR Silver Jack Recreation
Area. A legal description of the subject
land can be found in the published
public land order, and if requested,
copies of the order will be provided by
the BLM, Colorado State Office.
As extended, the withdrawal would
not alter the applicability of those land
laws governing the use of the land
under lease, license, or permit, or
governing the disposal of the mineral or
vegetative resources other than under
the mining laws.
The use of a right-of-way or a
cooperative agreement would not
provide adequate protection of the
Federal investment in the area.
There are no suitable alternative sites
as the described lands contain the
facilities and resource values in need of
protection. The withdrawal would not
displace any existing uses.
Water rights will not be needed to
fulfill the purpose of the requested
withdrawal.
For a period of 90 days from the date
of publication of this notice, all persons
who wish to submit comments in
connection with the proposed
withdrawal extension may present their
views in writing to the BLM, Colorado
State Director at the address above.
Comments, including names and street
addresses of respondents, will be
available for public review during
regular business hours at the BLM
Colorado State Office. Relevant BLM
records as to the BOR application and
comments, including names and street
addresses of respondents, will be
available for public review during
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regular business hours at the BLM
Colorado State Office. Individuals may
request confidentiality. If you wish to
withhold your name or address from
public review or from disclosure under
the Freedom of Information Act, you
must state this prominently at the
beginning of your comments. Such
requests will be honored to the extent
allowed by law. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public inspection in
their entirety.
Notice is hereby given that an
opportunity for a public meeting is
afforded in connection with the
proposed withdrawal extension. All
interested persons who desire a public
meeting for the purpose of being heard
on the proposed withdrawal extension
must submit a written request to the
BLM Colorado State Director at the
address given above within 90 days
from the publication of this notice. If the
authorized officer determines a public
meeting will be held, a notice of the
time and place will be published in the
Federal Register at least 30 days before
the scheduled date of the meeting.
The withdrawal extension application
will be processed in accordance with
the regulations set forth in 43 CFR
2310.4.
(Authority: 43 CFR 2310.3–l (a)).
Dated: December 15, 2006.
John D. Beck,
Chief, Branch of Lands and Realty.
Editorial Note: This document was
received at the Office of the Federal Register
on March 2, 2007.
[FR Doc. E7–4069 Filed 3–6–07; 8:45 am]
BILLING CODE 4310–JB–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection
Activities: Proposed Collection,
Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of a revision of a
currently approved information
collection (OMB Control Number 1010–
0120).
AGENCY:
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget (OMB) for review and approval.
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The title of this information collection
request (ICR) is ‘‘30 CFR Part 206—
Product Valuation, Subparts F and J;
Part 210—Forms and Reports, Subparts
E and H; and Part 218—Collection of
Royalties, Rentals, Bonuses and Other
Monies Due the Federal Government,
Subpart E.’’ We changed the title of this
ICR to clarify the regulatory language we
are covering under 30 CFR parts 206,
210, and 218 and to reflect OMB
consolidation approval of two solid
mineral-related ICRs. Those ICRs were
titled:
• 1010–0074: 30 CFR Part 206—
Product Valuation, Subpart J—Indian
Coal (Forms MMS–4292, Coal Washing
Allowance Report, and MMS–4293,
Coal Transportation Allowance Report);
and
• 1010–0120: 30 CFR Part 206,
Subpart F—Federal Coal and Subpart
J—Indian Coal; Part 210, Subpart B—
Oil, Gas, and OCS Sulfur—General,
Subpart E—Solid Minerals, General,
Subpart H—Geothermal Resources; Part
218, Subpart B—Oil and Gas, General,
Subpart E—Solid Minerals—General
(Form MMS–4430, Solid Minerals
Production and Royalty Report).
In the two ICRs, much of the general
information was repeated and cross
referenced. This consolidated ICR 1010–
0120 eliminates that duplication of
effort and redundancy of data and also
provides for review of all solids and
geothermal information collection
requirements on a MMS Solids and
Geothermal Compliance and Asset
Management program-wide basis. The
current ICR does not expire until
October 31, 2007 and has a total of 1,751
burden hours as of OMB Notice of
Change dated December 9, 2005, which
consolidated the burden hours from
ICRs 1010–0074 and 1010–0120.
DATES: Submit written comments on or
before May 7, 2007.
ADDRESSES: Submit written 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 courier address is
Building 85, Room A–614, Denver
Federal Center, West 6th Ave. and
Kipling Blvd., 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.
If you do not receive a confirmation that
we have received your e-mail, contact
Ms. Gebhardt at (303) 231–3211.
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FOR FURTHER INFORMATION CONTACT:
Sharron L. Gebhardt, telephone (303)
231–3211, FAX (303) 231–3781, or email sharron.gebhardt@mms.gov.
SUPPLEMENTARY INFORMATION: Title: 30
CFR Part 206—Product Valuation,
Subparts F and J; Part 210—Forms and
Reports, Subparts E and H; and Part
218—Collection of Royalties, Rentals,
Bonuses and Other Monies Due the
Federal Government, Subpart E.
OMB Control Number: 1010–0120.
Bureau Form Numbers: Forms MMS–
4430, MMS–4292, and MMS–4293.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for collecting royalties from lessees who
produce minerals from leased Federal
and Indian lands. The Secretary is
required by various laws to manage
mineral resources production on
Federal and Indian lands, collect the
royalties due, and distribute the funds
in accordance with those laws. The
Secretary also 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 for
Indian lands.
Minerals produced from Federal and
Indian leases vary greatly in the nature
of occurrence, production and
processing methods, and markets
served. Also, lease terms, statutory
requirements, and regulations vary
significantly among the different
minerals.
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
accurately valued and appropriately
paid.
Applicable citations of the laws
pertaining to mineral leases on Federal
and Indian lands include: 25 U.S.C.
2103, Indian Mineral Development Act
of 1982; 30 U.S.C. 189, Leases and
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Prospecting Permits; 30 U.S.C. 359,
Lease of Mineral Deposits within
Acquired Lands; 25 U.S.C. 396d,
Chapter 12—Lease, Sale, or Surrender of
Allotted or Unallotted Lands; 30 U.S.C.
1001, 1002, Geothermal Steam and
Associated Steam Resources; and 43
U.S.C. 1334, Outer Continental Shelf
Lands Act.
Applicable Code of Federal
Regulations (CFR) include 30 CFR part
206, subparts F and J; part 210, subparts
E and H; and part 218, subpart E. Forms
associated with this ICR are Forms
MMS–4430, Solid Minerals Production
and Royalty Report; MMS–4292, Coal
Washing Allowance Report; and MMS–
4293, Coal Transportation Allowance
Report.
Governing citations require the
lessees, operators, or other directly
involved persons to accurately submit
solid minerals royalty and production
data and provide additional reasonable
information as defined by the Secretary
regarding solid minerals production.
This ICR provides for the collection of
solid minerals royalty and production
information on Form MMS–4430 and on
other associated data formats such as
associated sales summaries, facility
data, sales contracts, payment
information, as well as additional
documents described below. The
current information collection
requirements (1) Provide MMS with the
ability to verify that revenue due the
Federal Government is accurately
reported and correctly paid under
applicable laws, regulations, and lease
terms; and (2) support the fulfillment of
our trust, financial and compliance
mission requirements. It also provides
MMS with the ability to timely disburse
mineral revenues to the correct
recipients. We encourage electronic
submission by way of attachments to email messages from Federal reporters
only; however, hard-copy submissions
are allowed from both Federal and
Indian reporters. \
Specific lease language varies.
However, respondents agree by the lease
terms to furnish statements providing
the details of all solid minerals
operations conducted on a Federal or
Indian lease and the quantity and
quality of all production from the lease
at such times and in such form as the
Secretary may prescribe.
The MMS, acting for the Secretary,
uses all of the collected information to
support the Compliance and Asset
Management (CAM) and Financial
Management (FM) processes, and to
assure that royalties reported and paid
are based upon correct product
valuation. The MMS uses the collected
information, as do other Federal
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Government, state and tribal entities, for
audit purposes and to evaluate the
reasonableness of product valuation or
allowance claims submitted by lessees.
Specifically, MMS provides the Bureau
of Land Management (BLM) and the
Bureau of Indian Affairs (BIA) access to
this information, which they use to
conduct production verification, ensure
lease diligence, and monitor plant
efficiencies and inventories for
maximum recovery, and secondary
products. The determination of the
appropriate product value or allowance
rate directly affects the royalties due.
Failure to collect such data would
prevent the Secretary from
accomplishing statutory and trust
responsibilities.
Form MMS–4430, Solid Minerals
Production and Royalty Report—
Producers of coal and other solid
minerals from Federal and Indian leases
electronically file this form monthly.
The form contains basic lease-level
volume and valuation information.
Additionally, the form collects nonFederal production information from
mines.
• Contracts and Contract
Amendments—Coal and metal
producers submit sales contracts,
agreements, and contract amendments
semi-annually. Sodium, potassium,
phosphate, and other solid mineral
producers, with leases containing ad
valorem royalty terms, submit the
required documents only if specifically
requested to do so by MMS.
• Sales Summary—The CAM process
compares sales summary information
from purchasers to Form MMS–4430
and facility data.
• Facility Data—Operators of wash
plants and of refining, ore
concentration, or other processing
facilities for any coal, sodium,
potassium, metals, or other solid
minerals submit facility data
information for months in which they
process or carry an inventory.
• Additional Documents or
Evidence—The MMS requests detailed
statements, documents, or other
evidence supporting our CAM
responsibilities under Federal and
Indian lease terms. Spot sale invoices,
weigh tickets, laboratory quality reports,
transportation contracts, and service
contracts are all examples of additional
documents we might request. The
information might further define a cost
or verify a claim made by the producer.
• Payment Information—The MMS
collects payment data to use in the
Financial Management process.
Form MMS–4292—Coal Washing
Allowance Report and Form MMS–
4293—Coal Transportation Allowance
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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices
Report—This ICR also provides for the
collection of coal washing and
transportation information for Indian
leases. The information collected is
essential for the royalty valuation
process.
We developed Forms MMS–4292,
Coal Washing Allowance Report, and
MMS–4293, Coal Transportation
Allowance Report, for industry to
complete when reporting or requesting
a washing or transportation allowance.
Summary—The information we
collect under this ICR is essential for the
royalty valuation process. Not collecting
this information would limit the
Secretary’s ability to discharge fiduciary
duties and may also result in the
inability to confirm the accurate royalty
value.
Proprietary information submitted to
MMS under this collection is protected.
No items of a sensitive nature are
collected. The requirement to respond is
mandatory for Form MMS–4430. A
response is required to obtain benefits
for Forms MMS–4292 and MMS–4293.
Frequency of Response: On occasion,
annually, monthly.
Estimated Number and Description of
Respondents: 149 reporters.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 1,778
hours.
We are revising this ICR to include
reporting requirements from part 206
citations that were overlooked in the
previous renewal and reporting
requirements for ICR 1010–0074 that
were added to this information
collection. 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
Reporting & recordkeeping requirement
Hour burden
Average No. annual responses
Annual burden
hours
Part 206—Product Valuation
Subpart F—Federal Coal
Coal subject to royalties—general provisions ......
(c) * * * The lessee shall maintain accurate records
to determine to which individual Federal lease coal
in the waste pit or slurry pond should be allocated
* * *.
206.254 .............................
Quality and quantity measurement standards for
reporting and paying royalties.
* * * Coal quantity information shall be reported on
appropriate forms required under 30 CFR part 216
and on the Solid Minerals Production and Royalty
Report, Form MMS–4430, as required under 30
CFR part 210.
206.257(b)(1) ....................
Valuation standards for ad valorem leases ...........
(b)(1) * * * The lessee shall have the burden of
demonstrating that its contract is arm’s-length
* * *.
AUDIT PROCESS See Note.
206.257(b)(3) ....................
(b)(3) * * * When MMS determines that the value
may be unreasonable, MMS will notify the lessee
and give the lessee an opportunity to provide written information justifying the lessee’s reported coal
value.
AUDIT PROCESS See Note.
206.257(b)(4) ....................
(b)(4) The MMS may require a lessee to certify that
its arm’s-length contract provisions include all of
the consideration to be paid by the buyer, either
directly or indirectly, for the coal production.
AUDIT PROCESS See Note.
206.257(d)(1) ....................
(d)(1) Where the value is determined pursuant to
paragraph (c) of this section, that value does not
require MMS’s prior approval. However, the lessee
shall retain all data relevant to the determination
of royalty value.
Hour burden covered under § 206.254.
206.257(d)(2) ....................
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206.253(c) ........................
(d)(2) Any Federal lessee will make available upon
request to the authorized MMS or State representatives, to the Inspector General of the Department
of the Interior or other persons authorized to receive such information, arm’s-length sales value
and sales quantity data for like-quality coal sold,
purchased, or otherwise obtained by the lessee
from the area.
AUDIT PROCESS See Note.
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Hour burden covered under § 206.254.
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average No. annual responses
206.257(d)(3) ....................
(d)(3) A lessee shall notify MMS if it has determined
value pursuant to paragraphs (c)(2)(ii), (iii), (iv), or
(v) of this section * * *. The letter shall identify
the valuation method to be used and contain a
brief description of the procedure to be followed.
The notification required by this section is a onetime notification due no later than the month the
lessee first reports royalties on the Form MMS–
4430 * * * and each time there is a change * * *.
2
1
2
206.257(f) .........................
(f) The lessee may request a value determination
from MMS. In that event, the lessee shall propose
to MMS a value determination method, and may
use that method in determining value for royalty
purposes until MMS issues its decision. The lessee shall submit all available data relevant to its
proposal * * *.
5
1
5
206.257(i) .........................
(i) * * * Contract revisions or amendments shall be
in writing and signed by all parties to an arm’slength contract, and may be retroactively applied
to value for royalty purposes for a period not to
exceed two years, unless MMS approves a longer
period * * *.
2
1
2
206.259(a)(1) ....................
Determination of washing allowances ...................
(a) Arm’s-length contracts. (1) * * * The lessee shall
have the burden of demonstrating that its contract
is arm’s-length * * *.
206.259(a)(1) ....................
(a)(1) * * * the washing allowance shall be the reasonable actual costs incurred by the lessee for
washing the coal * * *.
12
4
206.259(a)(3) ....................
(a)(3) * * * When MMS determines that the value of
the washing may be unreasonable, MMS will notify the lessee and give the lessee an opportunity
to provide written information justifying the lessee’s washing costs.
206.259(b)(1) ....................
(b) Non-arm’s-length or no contract. (1) * * * the
washing allowance will be based upon the lessee’s reasonable actual costs * * *.
.75
48
36
206.259(b)(2)(iv) ...............
(b)(2)(iv) A lessee may use either paragraph
(b)(2)(iv)(A) or (B) of this section. After a lessee
has elected to use either method for a wash plant,
the lessee may not later elect to change to the
other alternative without approval of the MMS.
1
1
1
206.259(b)(2)(iv)(A) ..........
(b)(2)(iv)(A) To compute depreciation, the lessee
may elect to use either a straight-line depreciation
method based on the life of equipment or on the
life of the reserves which the wash plant services,
whichever is appropriate, or a unit of production
method. After an election is made, the lessee may
not change methods without MMS approval.
1
1
1
206.259(c)(1)(i) .................
(c) Reporting requirements—(1) Arm’s-length contracts. (i) The lessee must notify MMS of an allowance based on incurred costs by using a separate
line entry on the Form MMS–4430.
Hour burden covered under § 210.201.
206.259(c)(1)(ii) ................
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Reporting & recordkeeping requirement
(c)(1)(ii) The MMS may require that a lessee submit
arm’s-length washing contracts and related documents * * *.
AUDIT PROCESS See Note.
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Hour burden
Annual burden
hours
Citation 30 CFR
AUDIT PROCESS See Note.
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AUDIT PROCESS See Note.
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average No. annual responses
Hour burden
Annual burden
hours
Citation 30 CFR
Reporting & recordkeeping requirement
206.259(c)(2)(i) .................
(c) Reporting requirements—* * * (2) Non-arm’slength or no contract. (i) The lessee must notify
MMS of an allowance based on the incurred costs
by using a separate line entry on the Form MMS–
4430.
Hour burden hours covered under § 210.201.
206.259(c)(2)(iii) ...............
(c)(2) Non-arm’s-length or no contract * * * (iii)
Upon request by MMS, the lessee shall submit all
data
used
to
prepare
the
allowance
deduction* * *.
AUDIT PROCESS See Note.
206.259(e)(2) ....................
(e) Adjustments. (2) The lessee must submit a corrected Form MMS–4430 to reflect actual costs, together with any payment, in accordance with instructions provided by MMS.
Hour burden covered under § 210.201.
206.262(a)(1) ....................
Determination of transportation allowances .........
(a) Arm’s-length contracts. (1) * * * The lessee shall
have the burden of demonstrating that its contract
is arm’s-length* * *.
AUDIT PROCESS See Note.
206.262(a)(1) ....................
(a)(1) * * * the transportation allowance shall be the
reasonable, actual costs incurred by the lessee for
transporting the coal * * *.
206.262(a)(3) ....................
(a)(3) * * * When MMS determines that the value of
the transportation may be unreasonable, MMS will
notify the lessee and give the lessee an opportunity to provide written information justifying the
lessee’s transportation costs.
206.262(b)(1) ....................
(b) Non-arm’s-length or no contract.—(1) * * * the
transportation allowance will be based upon the
lessee’s reasonable actual costs * * *.
206.262(b)(2)(iv) ...............
82
.75
24
18
(b)(2)(iv) * * * After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without approval of the MMS.
1
1
1
206.262(b)(2)(iv)(A) ..........
(b)(2)(iv)(A) * * * After an election is made, the lessee may not change methods without MMS approval * * *.
1
1
1
206.262(b)(3) ....................
(b)(3) A lessee may apply to MMS for exception
from the requirement that it compute actual costs
in accordance with paragraphs (b)(1) and (b)(2) of
this section * * *.
1
1
1
206.262(c)(1)(i) .................
(c) Reporting requirements—(1) Arm’s-length contracts. (i) The lessee must notify MMS of an allowance based on incurred costs by using a separate
line entry on the Form MMS–4430.
Hour burden covered under § 210.201.
206.262(c)(1)(ii) ................
(c)(1)(ii) The MMS may require that a lessee submit
arm’s-length transportation contracts, production
agreements, operating agreements, and related
documents * * *.
AUDIT PROCESS See Note.
206.262(c)(2)(i) .................
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240
(c)(2) Non-arm’s-length or no contract. (i) The lessee
must notify MMS of an allowance based on the incurred costs by using a separate line entry on
Form MMS–4430.
Burden hours covered under § 210.201.
206.262(c)(2)(iii) ...............
(c)(2)(iii) Upon request by MMS, the lessee shall
submit all data used to prepare the allowance deduction * * *.
AUDIT PROCESS See Note.
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AUDIT PROCESS See Note.
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average No. annual responses
Hour burden
Annual burden
hours
Citation 30 CFR
Reporting & recordkeeping requirement
206.262(e)(2) ....................
(e) Adjustments * * * (2) The lessee must submit a
corrected Form MMS–4430 to reflect actual costs,
together with any payments, in accordance with
instructions provided by MMS.
206.264 .............................
In-situ and surface gasification and liquefaction
operations.
If an ad valorem Federal coal lease is developed by
in-situ or surface gasification or liquefaction technology, the lessee shall propose the value of coal
for royalty purposes to MMS. The MMS will review
the lessee’s proposal and issue a value determination. The lessee may use its proposed value
until MMS issues a value determination.
1
1
1
206.265 .............................
Value enhancement of marketable coal .................
If, prior to use, sale, or other disposition, the lessee
enhances the value of coal after the coal has
been placed in marketable condition in accordance with § 206.257(h) of this subpart, the lessee
shall notify MMS that such processing is occurring
or will occur.
1
1
1
Hour burden covered under § 210.201.
Subpart J—Indian Coal
Coal subject to royalties—general provisions ......
(c) * * * The lessee shall maintain accurate records
to determine to which individual Indian lease coal
in the waste pit or slurry pond should be allocated
* * *.
206.453 .............................
Quality and quantity measurement standards for
reporting and paying royalties.
* * * Coal quantity information shall be reported on
appropriate forms required under 30 CFR part 216
and on the Solid Minerals Production and Royalty
Report, Form MMS–4430, as required under 30
CFR part 210.
206.456(b)(1) ....................
Valuation standards for ad valorem leases ...........
(b)(1) * * * The lessee shall have the burden of
demonstrating that its contract is arm’s-length
* * *.
AUDIT PROCESS See Note.
206.456(b)(3) ....................
(b)(3) * * * When MMS determines that the value
may be unreasonable, MMS will notify the lessee
and give the lessee an opportunity to provide written information justifying the lessee’s reported coal
value.
AUDIT PROCESS See Note.
206.456(b)(4) ....................
(b)(4) MMS may require a lessee to certify that its
arm’s-length contract provisions include all of the
consideration to be paid by the buyer, either directly or indirectly, for the coal production.
AUDIT PROCESS See Note.
206.456(d)(1) ....................
(d)(1) Where the value is determined pursuant to
paragraph (c) of this section, that value does not
require MMS’ prior approval. However, the lessee
shall retain all data relevant to the determination
of royalty value.
Hour burden covered under § 206.453.
206.456(d)(2) ....................
sroberts on PROD1PC70 with NOTICES
206.452(c) ........................
(d)(2) An Indian lessee will make available upon request to the authorized MMS or Indian representatives, or to the Inspector General of the Department of the Interior or other persons authorized to
receive such information, arm’s-length sales and
sales quantity data for like-quality coal sold, purchased, or otherwise obtained by the lessee from
the area.
AUDIT PROCESS See Note.
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206.456(d)(3) ....................
(d)(3) A lessee shall notify MMS if it has determined
value pursuant to paragraphs (c)(2)(ii), (c)(2)(iii),
(c)(2)(iv), or (c)(2)(v) of this section * * *. The letter shall identify the valuation method to be used
and contain a brief description of the procedure to
be followed.
1
1
1
206.456(f) .........................
(f) The lessee may request a value determination
from MMS. In that event, the lessee shall propose
to MMS a value determination method, and may
use that method in determining value for royalty
purposes until MMS issues its decision. The lessee shall submit all available data relevant to its
proposal.
1
1
1
206.456(i) .........................
(i) * * * Contract revisions or amendments shall be
in writing and signed by all parties to an arm’slength contract, and may be retroactively applied
to value for royalty purposes for a period not to
exceed two years, unless MMS approves a longer
period.
1
1
1
206.458(a)(1) ....................
Determination of washing allowances ...................
(a) Arm’s-length contracts. (1) * * * the washing allowance shall be the reasonable actual costs incurred by the lessee for washing the coal * * *.
However, before any deduction may be taken, the
lessee must submit a completed page one of
Form MMS–4292, Coal Washing Allowance Report, in accordance with paragraph (c)(1) of this
section. A washing allowance may be claimed
retroactively for a period of not more than 3
months prior to the first day of the month that
Form MMS–4292 is filed with MMS, unless MMS
approves a longer period upon a showing of good
cause by the lessee.
2
1
2
206.458(a)(3) ....................
(a)(3) When MMS determines that the value of the
washing may be unreasonable, MMS will notify
the lessee and give the lessee an opportunity to
provide written information justifying the lessee’s
washing costs.
AUDIT PROCESS See Note.
206.458(b)(1) ....................
(b) Non-arm’s-length or no contract. (1) * * * the
washing allowance will be based upon the lessee’s reasonable actual costs * * *. However, before any estimated or actual deduction may be
taken, the lessee must submit a completed Form
MMS–4292 in accordance with paragraph (c)(2) of
this section. A washing allowance may be claimed
retroactively for a period of not more than 3
months prior to the first day of the month that
Form MMS–4292 is filed with MMS, unless MMS
approves a longer period upon a showing of good
cause by the lessee * * *.
Hour burden covered under § 206.458(a)(1).
206.458(b)(2)(iv) ...............
(b)(2)(iv) * * * After a lessee has elected to use either method for a wash plant, the lessee may not
later elect to change to the other alternative without approval of MMS.
1
1
1
206.458(b)(2)(iv)(A) ..........
sroberts on PROD1PC70 with NOTICES
Reporting & recordkeeping requirement
(b)(2)(iv)(A) To compute depreciation, the lessee
may elect to use either a straight-line depreciation
method based on the life of equipment or on the
life of the reserves which the wash plant services,
whichever is appropriate, or a unit of production
method. After an election is made, the lessee may
not change methods without MMS approval.
1
1
1
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206.458(c)(1)(i) .................
(c) Reporting requirements. (1) Arm’s-length contracts. (i) With the exception of those washing allowances specified in paragraphs (c)(1)(v) and
(c)(1)(vi) of this section, the lessee shall submit
page one of the initial Form MMS–4292 prior to,
or at the same time, as the washing allowance determined pursuant to an arm’s-length contract is
reported on Form MMS–4430, Solid Minerals Production and Royalty Report * * *.
Hour burden covered under § 206.458(a)(1).
206.458(c)(1)(iii) ...............
(c)(1)(iii) After the initial reporting period and for succeeding reporting periods, lessees must submit
page one of Form MMS–4292 within 3 months
after the end of the calendar year, or after the applicable contract or rate terminates or is modified
or amended, whichever is earlier, unless MMS approves a longer period (during which period the
lessee shall continue to use the allowance from
the previous reporting period).
Hour burden covered under § 206.458(a)(1).
206.458(c)(1)(iv) ...............
(c)(1)(iv) MMS may require that a lessee submit
arm’s-length washing contracts and related documents * * *.
AUDIT PROCESS See Note.
206.458(c)(2)(i) .................
(c)(2) Non-arm’s-length or no contract. (i) With the
exception of those washing allowances specified
in paragraphs (c)(2)(v) and (c)(2)(vii) of this section, the lessee shall submit an initial Form MMS–
4292 prior to, or at the same time as, the washing
allowance determined pursuant to a non-arm’slength contract or no contract situation is reported
on Form MMS–4430, Solid Minerals Production
and Royalty Report * * *.
Hour burden covered under § 206.458(a)(1).
206.458(c)(2)(iii) ...............
(c)(2)(iii) For calendar-year reporting periods succeeding the initial reporting period, the lessee
shall submit a completed Form MMS–4292 containing the actual costs for the previous reporting
period. If coal washing is continuing, the lessee
shall include on Form MMS–4292 its estimated
costs for the next calendar year * * *. Form
MMS–4292 must be received by MMS within 3
months after the end of the previous reporting period, unless MMS approves a longer period (during which period the lessee shall continue to use
the allowance from the previous reporting period).
Hour burden covered under § 206.458(a)(1).
206.458(c)(2)(vi) ...............
(c)(2)(vi) Upon request by MMS, the lessee shall
submit all data used by the lessee to prepare its
Forms MMS–4292 * * *.
AUDIT PROCESS See Note.
206.458(c)(4) ....................
(c)(4) Washing allowances must be reported as a
separate line on the Form MMS–4430, unless
MMS approves a different reporting procedure.
Hour burden covered under § 210.201.
206.458(e)(2) ....................
sroberts on PROD1PC70 with NOTICES
Reporting & recordkeeping requirement
(e) Adjustments. (2) The lessee must submit a corrected Form MMS–4430 to reflect actual costs, together with any payment, in accordance with instructions provided by MMS.
Hour burden covered under § 210.201.
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206.461(a)(1) ....................
Determination of transportation allowances .........
(a) Arm’s-length contracts. (1) * * * the transportation allowance shall be the reasonable, actual
costs incurred by the lessee for transporting the
coal * * *. However, before any deduction may be
taken, the lessee must submit a completed page
one of Form MMS–4293, Coal Transportation Allowance Report, in accordance with paragraph
(c)(1) of this section. A transportation allowance
may be claimed retroactively for a period of not
more than 3 months prior to the first day of the
month that Form MMS–4293 is filed with MMS,
unless MMS approves a longer period upon a
showing of good cause by the lessee.
206.461(a)(3) ....................
(a) Arm’s-length contracts. (3) * * * When MMS determines that the value of the transportation may
be unreasonable, MMS will notify the lessee and
give the lessee an opportunity to provide written
information justifying the lessee’s transportation
costs.
AUDIT PROCESS See Note.
206.461(b)(1) ....................
(b) Non-arm’s-length or no contract. (1) * * * the
transportation allowance will be based upon the
lessee’s reasonable actual costs * * *. However,
before any estimated or actual deduction may be
taken, the lessee must submit a completed Form
MMS–4293 in accordance with paragraph (c)(2) of
this section. A transportation allowance may be
claimed retroactively for a period of not more than
3 months prior to the first day of the month that
Form MMS–4293 is filed with MMS, unless MMS
approves a longer period upon a showing of good
cause by the lessee * * *.
Hour burden covered under § 206.461(a)(1).
206.461(b)(2)(iv) ...............
(b)(2)(iv) * * * After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without approval of MMS.
1
1
1
206.461(b)(2)(iv)(A) ..........
(b)(2)(iv)(A) To compute depreciation, the lessee
may elect to use either a straight-line depreciation
method based on the life of equipment or on the
life of the reserves which the transportation system services, whichever is appropriate, or a unit of
production method. After an election is made, the
lessee may not change methods without MMS approval.
1
1
1
206.461(b)(3) ....................
(b)(3) A lessee may apply to MMS for exception
from the requirement that it compute actual costs
in accordance with paragraphs (b)(1) and (b)(2) of
this section.
1
1
1
206.461(c)(1)(i) .................
sroberts on PROD1PC70 with NOTICES
Reporting & recordkeeping requirement
(c) Reporting requirements. (1) Arm’s-length contracts. (i) With the exception of those transportation allowances specified in paragraphs (c)(1)(v)
and (c)(1)(vi) of this section, the lessee shall submit page one of the initial Form MMS–4293 prior
to, or at the same time as, the transportation allowance determined pursuant to an arm’s-length
contract is reported on Form MMS–4430, Solid
Minerals Production and Royalty Report.
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2
1
Hour burden covered under § 206.461(a)(1).
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206.461(c)(1)(iii) ...............
(c)(1)(iii) After the initial reporting period and for succeeding reporting periods, lessees must submit
page one of Form MMS–4293 within 3 months
after the end of the calendar year, or after the applicable contract or rate terminates or is modified
or amended, whichever is earlier, unless MMS approves a longer period (during which period the
lessee shall continue to use the allowance from
the previous reporting period). Lessees may request special reporting procedures in unique allowance reporting situations, such as those related
to spot sales.
Hour burden covered under § 206.461(a)(1).
206.461(c)(1)(iv) ...............
(c)(1)(iv) MMS
arm’s-length
agreements,
documents *
AUDIT PROCESS See Note.
206.461(c)(2)(i) .................
(c)(2) Non-arm’s-length or no contract. (i) With the
exception of those transportation allowances specified in paragraphs (c)(2)(v) and (c)(2)(vii) of this
section, the lessee shall submit an initial Form
MMS–4293 prior to, or at the same time as, the
transportation allowance determined pursuant to a
non-arm’s-length contract or no contract situation
is reported on Form MMS–4430, Solid Minerals
Production and Royalty Report * * *.
Hour burden covered under § 206.461(a)(1).
206.461(c)(2)(iii) ...............
(c)(2)(iii) For calendar-year reporting periods succeeding the initial reporting period, the lessee
shall submit a completed Form MMS–4293 containing the actual costs for the previous reporting
period * * *. Form MMS–4293 must be received
by MMS within 3 months after the end of the previous reporting period, unless MMS approves a
longer period (during which period the lessee shall
continue to use the allowance from the previous
reporting period).
Hour burden covered under § 206.461(a)(1).
206.461(c)(2)(vi) ...............
(c)(2)(vi) Upon request by MMS, the lessee shall
submit all data used to prepare its Form MMS–
4293 * * *.
AUDIT PROCESS See Note.
206.461(c)(4) ....................
(c)(4) Transportation allowances must be reported
as a separate line item on Form MMS–4430, unless MMS approves a different reporting procedure.
Hour burden covered under § 210.201.
206.461(e)(2) ....................
(e) Adjustments. (2) The lessee must submit a corrected Form MMS–4430 to reflect actual costs, together with any payment, in accordance with instructions provided by MMS.
Hour burden covered under § 210.201.
206.463 .............................
In-situ and surface gasification and liquefaction
operations.
If an ad valorem Federal coal lease is developed by
in-situ or surface gasification or liquefaction technology, the lessee shall propose the value of coal
for royalty purposes to MMS * * *.
1
1
1
206.464 .............................
sroberts on PROD1PC70 with NOTICES
Reporting & recordkeeping requirement
Value enhancement of marketable coal .................
If, prior to use, sale, or other disposition, the lessee
enhances the value of coal after the coal has
been placed in marketable condition in accordance with § 206.456(h) of this subpart, the lessee
shall notify MMS that such processing is occurring
or will occur * * *.
1
1
1
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transportation contracts, production
operating agreements, and related
* *.
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Reporting & recordkeeping requirement
Average No. annual responses
Hour burden
Annual burden
hours
Part 210—Forms and Reports
Subpart E—Solid Minerals, General
210.201(a)(1) ....................
How do I submit Form MMS–4430, Solid Minerals
Production and Royalty Report?
(a) What to submit. (1) You must submit a completed Form MMS–4430 for * * *.
.5
1,668
834
210.202(a)(1) and (c)(1) ...
How do I submit sales summaries? .......................
(a) What to submit. (1) You must submit sales summaries for all coal and other solid minerals produced from Federal and Indian leases and for any
remote storage site from which you sell Federal or
Indian solid minerals * * * (c) How to submit. (1)
You should provide the sales summary data via
electronic mail where possible. We will provide instructions and the proper e-mail address for these
submissions * * *.
.25
1,140
285
210.203(a) ........................
How do I submit sales contracts? ..........................
(a) What to submit. You must submit sales contracts, agreements, and contract amendments for
the sale of all coal and other solid minerals produced from Federal and Indian leases with ad valorem royalty terms * * *.
1
30
30
210.204(a)(1) ....................
How do I submit facility data? ................................
(a) What to submit. (1) You must submit facility data
if you operate a wash plant, refining, ore concentration, or other processing facility for any coal,
sodium, potassium, metals, or other solid minerals
produced from Federal or Indian leases with ad
valorem royalty terms * * *.
.25
360
90
210.205 .............................
Will I need to submit additional documents or
evidence to MMS?
(a) Federal and Indian lease terms allow us to request detailed statements, documents, or other
evidence necessary to verify compliance * * *.
(b) We will request this additional information as we
need it * * *.
AUDIT PROCESS See Note.
Subpart H—Geothermal Resources
Required recordkeeping ..........................................
* * * [Geothermal] Records may be maintained on
microfilm, microfiche, or other recorded media that
are easily reproducible and readable * * *.
Hour burden covered under OMB 1010–0140.
210.352 .............................
Payor information forms [geothermal] .....................
The Payor Information Form (Form MMS–4025)
must be filed for each Federal lease on which
geothermal royalties (including byproduct royalties)
are paid * * *.
This form is no longer used by MMS. The CFR is currently
under revision to eliminate this citation.
210.353 .............................
Special forms and reports [geothermal] ..................
The MMS may require submission of additional information on special forms or reports* * *.
210.354 .............................
sroberts on PROD1PC70 with NOTICES
210.351 .............................
Monthly report of sales and royalty .......................
A completed Report of Sales and Royalty Remittance (Form MMS–2014) must be submitted each
month once sales or utilization of [geothermal]
production occur, * * *.
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Citation 30 CFR
Reporting & recordkeeping requirement
Hour burden
Average No. annual responses
Annual burden
hours
Part 218—Collection of Royalties, Rentals, Bonuses and Other Monies Due the Federal Government
Subpart E—Solid Minerals—General
218.201(b) ........................
Method of payment ...................................................
You must tender all payments * * * except as follows: * * * (b) For Form MMS–4430 payments, include both your customer identification and your
customer document identification numbers on your
payment document * * *.
.0055
1,368
8
Total Burden .........................................................................................................................................
5,777
1,778
sroberts on PROD1PC70 with NOTICES
Note: AUDIT PROCESS—The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction Act of
1995 because MMS staff asks non-standard questions to resolve exceptions.
Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour Cost’’
Burden: We have identified no ‘‘nonhour cost’’ burden 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, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid OMB control
number.
Comments: Before submitting an ICR
to OMB, PRA Section 3506(c)(2)(A)
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.
The PRA also requires agencies to
estimate the total annual reporting
‘‘non-hour cost’’ burden to respondents
or recordkeepers resulting from the
collection of information. If you have
costs to generate, maintain, and disclose
this information, you should comment
and provide your total capital and
startup cost components or annual
operation, maintenance, and purchase
of service components. You should
describe the methods you use to
estimate major cost factors, including
system and technology acquisition,
expected useful life of capital
equipment, discount rate(s), and the
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period over which you incur costs.
Capital and startup costs include,
among other items, computers and
software you purchase to prepare for
collecting information; monitoring,
sampling, and testing equipment; and
record storage facilities. Generally, your
estimates should not include equipment
or services purchased: (i) Before October
1, 1995; (ii) to comply with
requirements not associated with the
information collection; (iii) for reasons
other than to provide information or
keep records for the Government; or (iv)
as part of customary and usual business
or private practices.
We will summarize written responses
to this notice and address them in our
ICR submission for OMB approval,
including appropriate adjustments to
the estimated burden. We will provide
a copy of the ICR to you without charge
upon request. The ICR also will be
posted on our Web site at https://
www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm.
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/
FRNotices/FRInfColl.htm. We also will
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
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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: February 13, 2007.
Steven D. Textoris,
Acting Associate Director for Minerals
Revenue Management.
[FR Doc. E7–3737 Filed 3–6–07; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
National Park Service
Notice of Proposed Award; Temporary
Concession Contract for Great Island
Cabin and Ferry Service at Cape
Lookout National Seashore, NC
National Park Service, Interior.
Notice of proposed award of
temporary concession contract.
AGENCY:
ACTION:
EFFECTIVE DATE:
February 1, 2007.
Ben
Hanslin, Concessions Management
Specialist, Southeast Region, National
Park Service, 100 Alabama Street, SW.,
Building 1924, Atlanta, GA 30303 404/
562–3108, extension 740.
SUMMARY: Pursuant to 36 CFR part 51,
public notice is hereby given that the
National Park Service proposes to award
a temporary concession contract for
continuation of visitor reservations and
cabin rental in the Great Island cabin
area on South Core Banks (Banks), Cape
Lookout National Seashore and ferry
service to and from the community of
Davis, North Carolina to the Banks for
a term not to exceed December 31, 2007.
SUPPLEMENTARY INFORMATION: The
temporary concession contract is being
awarded to Morris Marina Kabin Kamps
and Ferry Service, Inc., a qualified
person, as that term is defined in 36
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\07MRN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Notices]
[Pages 10244-10255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3737]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection Activities: Proposed Collection,
Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of a revision of a currently approved information
collection (OMB Control Number 1010-0120).
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we
are inviting comments on a collection of information that we will
submit to the Office of Management and Budget (OMB) for review and
approval. The title of this information collection request (ICR) is
``30 CFR Part 206--Product Valuation, Subparts F and J; Part 210--Forms
and Reports, Subparts E and H; and Part 218--Collection of Royalties,
Rentals, Bonuses and Other Monies Due the Federal Government, Subpart
E.'' We changed the title of this ICR to clarify the regulatory
language we are covering under 30 CFR parts 206, 210, and 218 and to
reflect OMB consolidation approval of two solid mineral-related ICRs.
Those ICRs were titled:
1010-0074: 30 CFR Part 206--Product Valuation, Subpart J--
Indian Coal (Forms MMS-4292, Coal Washing Allowance Report, and MMS-
4293, Coal Transportation Allowance Report); and
1010-0120: 30 CFR Part 206, Subpart F--Federal Coal and
Subpart J--Indian Coal; Part 210, Subpart B--Oil, Gas, and OCS Sulfur--
General, Subpart E--Solid Minerals, General, Subpart H--Geothermal
Resources; Part 218, Subpart B--Oil and Gas, General, Subpart E--Solid
Minerals--General (Form MMS-4430, Solid Minerals Production and Royalty
Report).
In the two ICRs, much of the general information was repeated and
cross referenced. This consolidated ICR 1010-0120 eliminates that
duplication of effort and redundancy of data and also provides for
review of all solids and geothermal information collection requirements
on a MMS Solids and Geothermal Compliance and Asset Management program-
wide basis. The current ICR does not expire until October 31, 2007 and
has a total of 1,751 burden hours as of OMB Notice of Change dated
December 9, 2005, which consolidated the burden hours from ICRs 1010-
0074 and 1010-0120.
DATES: Submit written comments on or before May 7, 2007.
ADDRESSES: Submit written 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 courier address is Building 85, Room A-614, Denver Federal Center,
West 6th Ave. and Kipling Blvd., 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. If you do not receive a confirmation that we have received
your e-mail, contact Ms. Gebhardt at (303) 231-3211.
[[Page 10245]]
FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone (303)
231-3211, FAX (303) 231-3781, or e-mail sharron.gebhardt@mms.gov.
SUPPLEMENTARY INFORMATION: Title: 30 CFR Part 206--Product Valuation,
Subparts F and J; Part 210--Forms and Reports, Subparts E and H; and
Part 218--Collection of Royalties, Rentals, Bonuses and Other Monies
Due the Federal Government, Subpart E.
OMB Control Number: 1010-0120.
Bureau Form Numbers: Forms MMS-4430, MMS-4292, and MMS-4293.
Abstract: The Secretary of the U.S. Department of the Interior is
responsible for collecting royalties from lessees who produce minerals
from leased Federal and Indian lands. The Secretary is required by
various laws to manage mineral resources production on Federal and
Indian lands, collect the royalties due, and distribute the funds in
accordance with those laws. The Secretary also 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 for Indian lands.
Minerals produced from Federal and Indian leases vary greatly in
the nature of occurrence, production and processing methods, and
markets served. Also, lease terms, statutory requirements, and
regulations vary significantly among the different minerals.
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 accurately valued and
appropriately paid.
Applicable citations of the laws pertaining to mineral leases on
Federal and Indian lands include: 25 U.S.C. 2103, Indian Mineral
Development Act of 1982; 30 U.S.C. 189, Leases and Prospecting Permits;
30 U.S.C. 359, Lease of Mineral Deposits within Acquired Lands; 25
U.S.C. 396d, Chapter 12--Lease, Sale, or Surrender of Allotted or
Unallotted Lands; 30 U.S.C. 1001, 1002, Geothermal Steam and Associated
Steam Resources; and 43 U.S.C. 1334, Outer Continental Shelf Lands Act.
Applicable Code of Federal Regulations (CFR) include 30 CFR part
206, subparts F and J; part 210, subparts E and H; and part 218,
subpart E. Forms associated with this ICR are Forms MMS-4430, Solid
Minerals Production and Royalty Report; MMS-4292, Coal Washing
Allowance Report; and MMS-4293, Coal Transportation Allowance Report.
Governing citations require the lessees, operators, or other
directly involved persons to accurately submit solid minerals royalty
and production data and provide additional reasonable information as
defined by the Secretary regarding solid minerals production. This ICR
provides for the collection of solid minerals royalty and production
information on Form MMS-4430 and on other associated data formats such
as associated sales summaries, facility data, sales contracts, payment
information, as well as additional documents described below. The
current information collection requirements (1) Provide MMS with the
ability to verify that revenue due the Federal Government is accurately
reported and correctly paid under applicable laws, regulations, and
lease terms; and (2) support the fulfillment of our trust, financial
and compliance mission requirements. It also provides MMS with the
ability to timely disburse mineral revenues to the correct recipients.
We encourage electronic submission by way of attachments to e-mail
messages from Federal reporters only; however, hard-copy submissions
are allowed from both Federal and Indian reporters. \
Specific lease language varies. However, respondents agree by the
lease terms to furnish statements providing the details of all solid
minerals operations conducted on a Federal or Indian lease and the
quantity and quality of all production from the lease at such times and
in such form as the Secretary may prescribe.
The MMS, acting for the Secretary, uses all of the collected
information to support the Compliance and Asset Management (CAM) and
Financial Management (FM) processes, and to assure that royalties
reported and paid are based upon correct product valuation. The MMS
uses the collected information, as do other Federal Government, state
and tribal entities, for audit purposes and to evaluate the
reasonableness of product valuation or allowance claims submitted by
lessees. Specifically, MMS provides the Bureau of Land Management (BLM)
and the Bureau of Indian Affairs (BIA) access to this information,
which they use to conduct production verification, ensure lease
diligence, and monitor plant efficiencies and inventories for maximum
recovery, and secondary products. The determination of the appropriate
product value or allowance rate directly affects the royalties due.
Failure to collect such data would prevent the Secretary from
accomplishing statutory and trust responsibilities.
Form MMS-4430, Solid Minerals Production and Royalty Report--
Producers of coal and other solid minerals from Federal and Indian
leases electronically file this form monthly. The form contains basic
lease-level volume and valuation information. Additionally, the form
collects non-Federal production information from mines.
Contracts and Contract Amendments--Coal and metal
producers submit sales contracts, agreements, and contract amendments
semi-annually. Sodium, potassium, phosphate, and other solid mineral
producers, with leases containing ad valorem royalty terms, submit the
required documents only if specifically requested to do so by MMS.
Sales Summary--The CAM process compares sales summary
information from purchasers to Form MMS-4430 and facility data.
Facility Data--Operators of wash plants and of refining,
ore concentration, or other processing facilities for any coal, sodium,
potassium, metals, or other solid minerals submit facility data
information for months in which they process or carry an inventory.
Additional Documents or Evidence--The MMS requests
detailed statements, documents, or other evidence supporting our CAM
responsibilities under Federal and Indian lease terms. Spot sale
invoices, weigh tickets, laboratory quality reports, transportation
contracts, and service contracts are all examples of additional
documents we might request. The information might further define a cost
or verify a claim made by the producer.
Payment Information--The MMS collects payment data to use
in the Financial Management process.
Form MMS-4292--Coal Washing Allowance Report and Form MMS-4293--
Coal Transportation Allowance
[[Page 10246]]
Report--This ICR also provides for the collection of coal washing and
transportation information for Indian leases. The information collected
is essential for the royalty valuation process.
We developed Forms MMS-4292, Coal Washing Allowance Report, and
MMS-4293, Coal Transportation Allowance Report, for industry to
complete when reporting or requesting a washing or transportation
allowance.
Summary--The information we collect under this ICR is essential for
the royalty valuation process. Not collecting this information would
limit the Secretary's ability to discharge fiduciary duties and may
also result in the inability to confirm the accurate royalty value.
Proprietary information submitted to MMS under this collection is
protected. No items of a sensitive nature are collected. The
requirement to respond is mandatory for Form MMS-4430. A response is
required to obtain benefits for Forms MMS-4292 and MMS-4293.
Frequency of Response: On occasion, annually, monthly.
Estimated Number and Description of Respondents: 149 reporters.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 1,778
hours.
We are revising this ICR to include reporting requirements from
part 206 citations that were overlooked in the previous renewal and
reporting requirements for ICR 1010-0074 that were added to this
information collection. 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
----------------------------------------------------------------------------------------------------------------
Reporting &
Citation 30 CFR recordkeeping Hour burden Average No. Annual burden
requirement annual responses hours
----------------------------------------------------------------------------------------------------------------
Part 206--Product Valuation
Subpart F--Federal Coal
----------------------------------------------------------------------------------------------------------------
206.253(c)..................... Coal subject to Hour burden covered under Sec. 206.254.
royalties--general
provisions.
(c) * * * The lessee
shall maintain
accurate records to
determine to which
individual Federal
lease coal in the
waste pit or slurry
pond should be
allocated * * *.
----------------------------------------------------------------------------------------------------------------
206.254........................ Quality and quantity .4166 816 340
measurement standards
for reporting and
paying royalties.
* * * Coal quantity
information shall be
reported on
appropriate forms
required under 30 CFR
part 216 and on the
Solid Minerals
Production and
Royalty Report, Form
MMS-4430, as required
under 30 CFR part 210.
----------------------------------------------------------------------------------------------------------------
206.257(b)(1).................. Valuation standards AUDIT PROCESS See Note.
for ad valorem leases.
(b)(1) * * * The
lessee shall have the
burden of
demonstrating that
its contract is arm's-
length * * *.
----------------------------------------------------------------------------------------------------------------
206.257(b)(3).................. (b)(3) * * * When MMS AUDIT PROCESS See Note.
determines that the
value may be
unreasonable, MMS
will notify the
lessee and give the
lessee an opportunity
to provide written
information
justifying the
lessee's reported
coal value.
----------------------------------------------------------------------------------------------------------------
206.257(b)(4).................. (b)(4) The MMS may AUDIT PROCESS See Note.
require a lessee to
certify that its
arm's-length contract
provisions include
all of the
consideration to be
paid by the buyer,
either directly or
indirectly, for the
coal production.
----------------------------------------------------------------------------------------------------------------
206.257(d)(1).................. (d)(1) Where the value Hour burden covered under Sec. 206.254.
is determined
pursuant to paragraph
(c) of this section,
that value does not
require MMS's prior
approval. However,
the lessee shall
retain all data
relevant to the
determination of
royalty value.
----------------------------------------------------------------------------------------------------------------
206.257(d)(2).................. (d)(2) Any Federal AUDIT PROCESS See Note.
lessee will make
available upon
request to the
authorized MMS or
State
representatives, to
the Inspector General
of the Department of
the Interior or other
persons authorized to
receive such
information, arm's-
length sales value
and sales quantity
data for like-quality
coal sold, purchased,
or otherwise obtained
by the lessee from
the area.
----------------------------------------------------------------------------------------------------------------
[[Page 10247]]
206.257(d)(3).................. (d)(3) A lessee shall 2 1 2
notify MMS if it has
determined value
pursuant to
paragraphs
(c)(2)(ii), (iii),
(iv), or (v) of this
section * * *. The
letter shall identify
the valuation method
to be used and
contain a brief
description of the
procedure to be
followed. The
notification required
by this section is a
one-time notification
due no later than the
month the lessee
first reports
royalties on the Form
MMS-4430 * * * and
each time there is a
change * * *.
----------------------------------------------------------------------------------------------------------------
206.257(f)..................... (f) The lessee may 5 1 5
request a value
determination from
MMS. In that event,
the lessee shall
propose to MMS a
value determination
method, and may use
that method in
determining value for
royalty purposes
until MMS issues its
decision. The lessee
shall submit all
available data
relevant to its
proposal * * *.
----------------------------------------------------------------------------------------------------------------
206.257(i)..................... (i) * * * Contract 2 1 2
revisions or
amendments shall be
in writing and signed
by all parties to an
arm's-length
contract, and may be
retroactively applied
to value for royalty
purposes for a period
not to exceed two
years, unless MMS
approves a longer
period * * *.
----------------------------------------------------------------------------------------------------------------
206.259(a)(1).................. Determination of AUDIT PROCESS See Note.
washing allowances.
(a) Arm's-length
contracts. (1) * * *
The lessee shall have
the burden of
demonstrating that
its contract is arm's-
length * * *.
----------------------------------------------------------------------------------------------------------------
206.259(a)(1).................. (a)(1) * * * the .34 12 4
washing allowance
shall be the
reasonable actual
costs incurred by the
lessee for washing
the coal * * *.
----------------------------------------------------------------------------------------------------------------
206.259(a)(3).................. (a)(3) * * * When MMS AUDIT PROCESS See Note.
determines that the
value of the washing
may be unreasonable,
MMS will notify the
lessee and give the
lessee an opportunity
to provide written
information
justifying the
lessee's washing
costs.
----------------------------------------------------------------------------------------------------------------
206.259(b)(1).................. (b) Non-arm's-length .75 48 36
or no contract. (1) *
* * the washing
allowance will be
based upon the
lessee's reasonable
actual costs * * *.
----------------------------------------------------------------------------------------------------------------
206.259(b)(2)(iv).............. (b)(2)(iv) A lessee 1 1 1
may use either
paragraph
(b)(2)(iv)(A) or (B)
of this section.
After a lessee has
elected to use either
method for a wash
plant, the lessee may
not later elect to
change to the other
alternative without
approval of the MMS.
----------------------------------------------------------------------------------------------------------------
206.259(b)(2)(iv)(A)........... (b)(2)(iv)(A) To 1 1 1
compute depreciation,
the lessee may elect
to use either a
straight-line
depreciation method
based on the life of
equipment or on the
life of the reserves
which the wash plant
services, whichever
is appropriate, or a
unit of production
method. After an
election is made, the
lessee may not change
methods without MMS
approval.
----------------------------------------------------------------------------------------------------------------
206.259(c)(1)(i)............... (c) Reporting Hour burden covered under Sec. 210.201.
requirements--(1)
Arm's-length
contracts. (i) The
lessee must notify
MMS of an allowance
based on incurred
costs by using a
separate line entry
on the Form MMS-4430.
----------------------------------------------------------------------------------------------------------------
206.259(c)(1)(ii).............. (c)(1)(ii) The MMS may AUDIT PROCESS See Note.
require that a lessee
submit arm's-length
washing contracts and
related documents * *
*.
----------------------------------------------------------------------------------------------------------------
[[Page 10248]]
206.259(c)(2)(i)............... (c) Reporting Hour burden hours covered under Sec. 210.201.
requirements--* * *
(2) Non-arm's-length
or no contract. (i)
The lessee must
notify MMS of an
allowance based on
the incurred costs by
using a separate line
entry on the Form MMS-
4430.
----------------------------------------------------------------------------------------------------------------
206.259(c)(2)(iii)............. (c)(2) Non-arm's- AUDIT PROCESS See Note.
length or no contract
* * * (iii) Upon
request by MMS, the
lessee shall submit
all data used to
prepare the allowance
deduction* * *.
----------------------------------------------------------------------------------------------------------------
206.259(e)(2).................. (e) Adjustments. (2) Hour burden covered under Sec. 210.201.
The lessee must
submit a corrected
Form MMS-4430 to
reflect actual costs,
together with any
payment, in
accordance with
instructions provided
by MMS.
----------------------------------------------------------------------------------------------------------------
206.262(a)(1).................. Determination of AUDIT PROCESS See Note.
transportation
allowances.
(a) Arm's-length
contracts. (1) * * *
The lessee shall have
the burden of
demonstrating that
its contract is arm's-
length* * *.
----------------------------------------------------------------------------------------------------------------
206.262(a)(1).................. (a)(1) * * * the .34 240 82
transportation
allowance shall be
the reasonable,
actual costs incurred
by the lessee for
transporting the coal
* * *.
----------------------------------------------------------------------------------------------------------------
206.262(a)(3).................. (a)(3) * * * When MMS AUDIT PROCESS See Note.
determines that the
value of the
transportation may be
unreasonable, MMS
will notify the
lessee and give the
lessee an opportunity
to provide written
information
justifying the
lessee's
transportation costs.
----------------------------------------------------------------------------------------------------------------
206.262(b)(1).................. (b) Non-arm's-length .75 24 18
or no contract.--(1)
* * * the
transportation
allowance will be
based upon the
lessee's reasonable
actual costs * * *.
----------------------------------------------------------------------------------------------------------------
206.262(b)(2)(iv).............. (b)(2)(iv) * * * After 1 1 1
a lessee has elected
to use either method
for a transportation
system, the lessee
may not later elect
to change to the
other alternative
without approval of
the MMS.
----------------------------------------------------------------------------------------------------------------
206.262(b)(2)(iv)(A)........... (b)(2)(iv)(A) * * * 1 1 1
After an election is
made, the lessee may
not change methods
without MMS approval
* * *.
----------------------------------------------------------------------------------------------------------------
206.262(b)(3).................. (b)(3) A lessee may 1 1 1
apply to MMS for
exception from the
requirement that it
compute actual costs
in accordance with
paragraphs (b)(1) and
(b)(2) of this
section * * *.
----------------------------------------------------------------------------------------------------------------
206.262(c)(1)(i)............... (c) Reporting Hour burden covered under Sec. 210.201.
requirements--(1)
Arm's-length
contracts. (i) The
lessee must notify
MMS of an allowance
based on incurred
costs by using a
separate line entry
on the Form MMS-4430.
----------------------------------------------------------------------------------------------------------------
206.262(c)(1)(ii).............. (c)(1)(ii) The MMS may AUDIT PROCESS See Note.
require that a lessee
submit arm's-length
transportation
contracts, production
agreements, operating
agreements, and
related documents * *
*.
----------------------------------------------------------------------------------------------------------------
206.262(c)(2)(i)............... (c)(2) Non-arm's- Burden hours covered under Sec. 210.201.
length or no
contract. (i) The
lessee must notify
MMS of an allowance
based on the incurred
costs by using a
separate line entry
on Form MMS-4430.
----------------------------------------------------------------------------------------------------------------
206.262(c)(2)(iii)............. (c)(2)(iii) Upon AUDIT PROCESS See Note.
request by MMS, the
lessee shall submit
all data used to
prepare the allowance
deduction * * *.
----------------------------------------------------------------------------------------------------------------
[[Page 10249]]
206.262(e)(2).................. (e) Adjustments * * * Hour burden covered under Sec. 210.201.
(2) The lessee must
submit a corrected
Form MMS-4430 to
reflect actual costs,
together with any
payments, in
accordance with
instructions provided
by MMS.
----------------------------------------------------------------------------------------------------------------
206.264........................ In-situ and surface 1 1 1
gasification and
liquefaction
operations.
If an ad valorem
Federal coal lease is
developed by in-situ
or surface
gasification or
liquefaction
technology, the
lessee shall propose
the value of coal for
royalty purposes to
MMS. The MMS will
review the lessee's
proposal and issue a
value determination.
The lessee may use
its proposed value
until MMS issues a
value determination.
----------------------------------------------------------------------------------------------------------------
206.265........................ Value enhancement of 1 1 1
marketable coal.
If, prior to use,
sale, or other
disposition, the
lessee enhances the
value of coal after
the coal has been
placed in marketable
condition in
accordance with Sec.
206.257(h) of this
subpart, the lessee
shall notify MMS that
such processing is
occurring or will
occur.
----------------------------------------------------------------------------------------------------------------
Subpart J--Indian Coal
----------------------------------------------------------------------------------------------------------------
206.452(c)..................... Coal subject to Hour burden covered under Sec. 206.453.
royalties--general
provisions.
(c) * * * The lessee
shall maintain
accurate records to
determine to which
individual Indian
lease coal in the
waste pit or slurry
pond should be
allocated * * *.
----------------------------------------------------------------------------------------------------------------
206.453........................ Quality and quantity .42 48 20
measurement standards
for reporting and
paying royalties.
* * * Coal quantity
information shall be
reported on
appropriate forms
required under 30 CFR
part 216 and on the
Solid Minerals
Production and
Royalty Report, Form
MMS-4430, as required
under 30 CFR part 210.
----------------------------------------------------------------------------------------------------------------
206.456(b)(1).................. Valuation standards AUDIT PROCESS See Note.
for ad valorem leases.
(b)(1) * * * The
lessee shall have the
burden of
demonstrating that
its contract is arm's-
length * * *.
----------------------------------------------------------------------------------------------------------------
206.456(b)(3).................. (b)(3) * * * When MMS AUDIT PROCESS See Note.
determines that the
value may be
unreasonable, MMS
will notify the
lessee and give the
lessee an opportunity
to provide written
information
justifying the
lessee's reported
coal value.
----------------------------------------------------------------------------------------------------------------
206.456(b)(4).................. (b)(4) MMS may require AUDIT PROCESS See Note.
a lessee to certify
that its arm's-length
contract provisions
include all of the
consideration to be
paid by the buyer,
either directly or
indirectly, for the
coal production.
----------------------------------------------------------------------------------------------------------------
206.456(d)(1).................. (d)(1) Where the value Hour burden covered under Sec. 206.453.
is determined
pursuant to paragraph
(c) of this section,
that value does not
require MMS' prior
approval. However,
the lessee shall
retain all data
relevant to the
determination of
royalty value.
----------------------------------------------------------------------------------------------------------------
206.456(d)(2).................. (d)(2) An Indian AUDIT PROCESS See Note.
lessee will make
available upon
request to the
authorized MMS or
Indian
representatives, or
to the Inspector
General of the
Department of the
Interior or other
persons authorized to
receive such
information, arm's-
length sales and
sales quantity data
for like-quality coal
sold, purchased, or
otherwise obtained by
the lessee from the
area.
----------------------------------------------------------------------------------------------------------------
[[Page 10250]]
206.456(d)(3).................. (d)(3) A lessee shall 1 1 1
notify MMS if it has
determined value
pursuant to
paragraphs
(c)(2)(ii),
(c)(2)(iii),
(c)(2)(iv), or
(c)(2)(v) of this
section * * *. The
letter shall identify
the valuation method
to be used and
contain a brief
description of the
procedure to be
followed.
----------------------------------------------------------------------------------------------------------------
206.456(f)..................... (f) The lessee may 1 1 1
request a value
determination from
MMS. In that event,
the lessee shall
propose to MMS a
value determination
method, and may use
that method in
determining value for
royalty purposes
until MMS issues its
decision. The lessee
shall submit all
available data
relevant to its
proposal.
----------------------------------------------------------------------------------------------------------------
206.456(i)..................... (i) * * * Contract 1 1 1
revisions or
amendments shall be
in writing and signed
by all parties to an
arm's-length
contract, and may be
retroactively applied
to value for royalty
purposes for a period
not to exceed two
years, unless MMS
approves a longer
period.
----------------------------------------------------------------------------------------------------------------
206.458(a)(1).................. Determination of 2 1 2
washing allowances.
(a) Arm's-length
contracts. (1) * * *
the washing allowance
shall be the
reasonable actual
costs incurred by the
lessee for washing
the coal * * *.
However, before any
deduction may be
taken, the lessee
must submit a
completed page one of
Form MMS-4292, Coal
Washing Allowance
Report, in accordance
with paragraph (c)(1)
of this section. A
washing allowance may
be claimed
retroactively for a
period of not more
than 3 months prior
to the first day of
the month that Form
MMS-4292 is filed
with MMS, unless MMS
approves a longer
period upon a showing
of good cause by the
lessee.
----------------------------------------------------------------------------------------------------------------
206.458(a)(3).................. (a)(3) When MMS AUDIT PROCESS See Note.
determines that the
value of the washing
may be unreasonable,
MMS will notify the
lessee and give the
lessee an opportunity
to provide written
information
justifying the
lessee's washing
costs.
----------------------------------------------------------------------------------------------------------------
206.458(b)(1).................. (b) Non-arm's-length Hour burden covered under Sec. 206.458(a)(1).
or no contract. (1) *
* * the washing
allowance will be
based upon the
lessee's reasonable
actual costs * * *.
However, before any
estimated or actual
deduction may be
taken, the lessee
must submit a
completed Form MMS-
4292 in accordance
with paragraph (c)(2)
of this section. A
washing allowance may
be claimed
retroactively for a
period of not more
than 3 months prior
to the first day of
the month that Form
MMS-4292 is filed
with MMS, unless MMS
approves a longer
period upon a showing
of good cause by the
lessee * * *.
----------------------------------------------------------------------------------------------------------------
206.458(b)(2)(iv).............. (b)(2)(iv) * * * After 1 1 1
a lessee has elected
to use either method
for a wash plant, the
lessee may not later
elect to change to
the other alternative
without approval of
MMS.
----------------------------------------------------------------------------------------------------------------
206.458(b)(2)(iv)(A)........... (b)(2)(iv)(A) To 1 1 1
compute depreciation,
the lessee may elect
to use either a
straight-line
depreciation method
based on the life of
equipment or on the
life of the reserves
which the wash plant
services, whichever
is appropriate, or a
unit of production
method. After an
election is made, the
lessee may not change
methods without MMS
approval.
----------------------------------------------------------------------------------------------------------------
[[Page 10251]]
206.458(c)(1)(i)............... (c) Reporting Hour burden covered under Sec. 206.458(a)(1).
requirements. (1)
Arm's-length
contracts. (i) With
the exception of
those washing
allowances specified
in paragraphs
(c)(1)(v) and
(c)(1)(vi) of this
section, the lessee
shall submit page one
of the initial Form
MMS-4292 prior to, or
at the same time, as
the washing allowance
determined pursuant
to an arm's-length
contract is reported
on Form MMS-4430,
Solid Minerals
Production and
Royalty Report * * *.
----------------------------------------------------------------------------------------------------------------
206.458(c)(1)(iii)............. (c)(1)(iii) After the Hour burden covered under Sec. 206.458(a)(1).
initial reporting
period and for
succeeding reporting
periods, lessees must
submit page one of
Form MMS-4292 within
3 months after the
end of the calendar
year, or after the
applicable contract
or rate terminates or
is modified or
amended, whichever is
earlier, unless MMS
approves a longer
period (during which
period the lessee
shall continue to use
the allowance from
the previous
reporting period).
----------------------------------------------------------------------------------------------------------------
206.458(c)(1)(iv).............. (c)(1)(iv) MMS may AUDIT PROCESS See Note.
require that a lessee
submit arm's-length
washing contracts and
related documents * *
*.
----------------------------------------------------------------------------------------------------------------
206.458(c)(2)(i)............... (c)(2) Non-arm's- Hour burden covered under Sec. 206.458(a)(1).
length or no
contract. (i) With
the exception of
those washing
allowances specified
in paragraphs
(c)(2)(v) and
(c)(2)(vii) of this
section, the lessee
shall submit an
initial Form MMS-4292
prior to, or at the
same time as, the
washing allowance
determined pursuant
to a non-arm's-length
contract or no
contract situation is
reported on Form MMS-
4430, Solid Minerals
Production and
Royalty Report * * *.
----------------------------------------------------------------------------------------------------------------
206.458(c)(2)(iii)............. (c)(2)(iii) For Hour burden covered under Sec. 206.458(a)(1).
calendar-year
reporting periods
succeeding the
initial reporting
period, the lessee
shall submit a
completed Form MMS-
4292 containing the
actual costs for the
previous reporting
period. If coal
washing is
continuing, the
lessee shall include
on Form MMS-4292 its
estimated costs for
the next calendar
year * * *. Form MMS-
4292 must be received
by MMS within 3
months after the end
of the previous
reporting period,
unless MMS approves a
longer period (during
which period the
lessee shall continue
to use the allowance
from the previous
reporting period).
----------------------------------------------------------------------------------------------------------------
206.458(c)(2)(vi).............. (c)(2)(vi) Upon AUDIT PROCESS See Note.
request by MMS, the
lessee shall submit
all data used by the
lessee to prepare its
Forms MMS-4292 * * *.
----------------------------------------------------------------------------------------------------------------
206.458(c)(4).................. (c)(4) Washing Hour burden covered under Sec. 210.201.
allowances must be
reported as a
separate line on the
Form MMS-4430, unless
MMS approves a
different reporting
procedure.
----------------------------------------------------------------------------------------------------------------
206.458(e)(2).................. (e) Adjustments. (2) Hour burden covered under Sec. 210.201.
The lessee must
submit a corrected
Form MMS-4430 to
reflect actual costs,
together with any
payment, in
accordance with
instructions provided
by MMS.
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[[Page 10252]]
206.461(a)(1).................. Determination of 2 1 2
transportation
allowances.
(a) Arm's-length
contracts. (1) * * *
the transportation
allowance shall be
the reasonable,
actual costs incurred
by the lessee for
transporting the coal
* * *. However,
before any deduction
may be taken, the
lessee must submit a
completed page one of
Form MMS-4293, Coal
Transportation
Allowance Report, in
accordance with
paragraph (c)(1) of
this section. A
transportation
allowance may be
claimed retroactively
for a period of not
more than 3 months
prior to the first
day of the month that
Form MMS-4293 is
filed with MMS,
unless MMS approves a
longer period upon a
showing of good cause
by the lessee.
----------------------------------------------------------------------------------------------------------------
206.461(a)(3).................. (a) Arm's-length AUDIT PROCESS See Note.
contracts. (3) * * *
When MMS determines
that the value of the
transportation may be
