Agency Information Collection Activities: Proposed Collection, Comment Request, 44853-44856 [E7-15590]

Download as PDF Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Notices been paid and the lessee has reimbursed the Bureau of Land Management for the cost of publishing this notice. Having met all the requirements for reinstatement of the lease as set out in section 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188), the Bureau of Land Management is proposing to reinstate the leases, effective May 1, 2007, subject to the original terms and conditions of the lease and the increased rental and royalty rates cited above. Kent Hoffman, Deputy State Director, Division of Lands and Minerals. [FR Doc. E7–15584 Filed 8–8–07; 8:45 am] BILLING CODE 4310–$$–P DEPARTMENT OF THE INTERIOR T. 17 S., R. 2 W., accepted June 6, 2007. T. 13 S., R. 6 W., accepted June 14, 2007. T. 27 S., R. 10 W., accepted June 21, 2007. T. 29 S., R. 8 W., accepted June 27, 2007. T. 16 S., R. 2 W., accepted June 27, 2007. A copy of the plats may be obtained from the Land Office at the Oregon/ Washington State Office, Bureau of Land Management, 333 SW. 1st Avenue, Portland, Oregon 97204, upon required payment. A person or party who wishes to protest against a survey must file a notice that they wish to protest (at the above address) with the Oregon/ Washington State Director, Bureau of Land Management, Portland, Oregon. FOR FURTHER INFORMATION CONTACT: Chief, Branch of Geographic Sciences, Bureau of Land Management, (333 SW. 1st Avenue) P.O. Box 2965, Portland, Oregon 97208. Dated: July 25, 2007. Fred O’Ferrall, Branch of Lands and Minerals Resources. [FR Doc. E7–15559 Filed 8–8–07; 8:45 am] Bureau of Land Management [OR–957–00–6334–bj: GP07–0152] Filing of Plats of Survey: Oregon/ Washington BILLING CODE 4310–33–P U.S. Department of the Interior, Bureau of Land Management. ACTION: Notice. DEPARTMENT OF THE INTERIOR SUMMARY: The plats of survey of the following described lands were officially filed in the Bureau of Land Management Oregon/Washington State Office, Portland, Oregon, on May 25, 2007. Agency Information Collection Activities: Proposed Collection, Comment Request AGENCY: Willamette Meridian Washington T. 28 N., R. 38 E., accepted March 29, 2007. T. 28 N., R. 38 E., accepted March 30, 2007. T. 27 N., R. 39 E., accepted March 30, 2007. T. 27 N., R. 38 E., accepted March 30, 2007. T. 28 N., R. 39 E., accepted March 30, 2007. Oregon T. 15 S., R. 7 W., accepted March 30, 2007. The plats of survey of the following described lands are scheduled to be officially filed in the Bureau of Land Management Oregon/Washington State Office, Portland, Oregon, 30 days from the date of this publication. mstockstill on PROD1PC66 with NOTICES Willamette Meridian Washington T. 21 N., R. 4 W., accepted May 10, 2007. T. 3 N., R. 19 E., accepted May 10, 2007. T. 33 N., R. 15 W., accepted June 1, 2007. T. 33 N., R. 14 W., accepted June 1, 2007. T. 17 N., R. 10 E., accepted June 1, 2007. T. 21 N., R. 11 W., accepted June 6, 2007. T. 22 N., R. 11 W., accepted June 14, 2007. T. 15 N., R. 11 E., accepted June 21, 2007. Oregon T. 6 S., R. 30 E., accepted June 6, 2007. T. 1 S., R. 7 W., accepted June 6, 2007. VerDate Aug<31>2005 18:25 Aug 08, 2007 Jkt 211001 Minerals Management Service Minerals Management Service (MMS), Interior. ACTION: Notice of a revision of a currently approved information collection (OMB Control Number 1010– 0107). AGENCY: SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are inviting comments on a collection of information that we will submit to the Office of Management and Budget (OMB) for review and approval. The new title of this information collection request (ICR) is ‘‘30 CFR Part 218, Collection of Monies Due the Federal Government.’’ The form associated with this collection is Form MMS–4425, Designation Form for Royalty Payment Responsibility. The previous title of this ICR was ‘‘30 CFR Part 218, Subpart A—General Provisions, 218.42 Cross-lease netting in calculation of late-payment interest; Subpart B—Oil and Gas, General, 218.52 How does a lessee designate a Designee? (Form MMS–4425, Designation Form for Royalty Payment Responsibility) and 218.53 Recoupment of overpayments on Indian mineral leases; and Subpart E— Solid Minerals—General, 218.203 Recoupment of overpayments on Indian mineral leases.’’ PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 44853 We revised this ICR in order to enable program-wide review of all information collections for solid minerals and geothermal resources. We removed 218.203, which relates to solid minerals, from this ICR and included 218.203 in the solid minerals ICR 1010–0120 (expires October 31, 2007). DATES: Submit written comments on or before October 9, 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. 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 218, Collection of Monies Due the Federal Government. OMB Control Number: 1010–0107. Bureau Form Number: Form MMS– 4425. Abstract: The Secretary of the U.S. Department of the Interior is responsible for 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. Public laws pertaining to mineral royalties are on our Web site at http:// www.mrm.mms.gov/Laws_R_D/ PublicLawsAMR.htm. Applicable citations of the laws pertaining to mineral leases include the following: 1. Public Law 97–451—Jan. 12, 1983 (Federal Oil and Gas Royalty Management Act of 1982 [FOGRMA]); E:\FR\FM\09AUN1.SGM 09AUN1 44854 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Notices 2. Public Law 104–185—Aug. 13, 1996 (Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 [RSFA]), as corrected by Public Law 104–200—Sept. 22, 1996); and 3. Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.). When a company or an individual enters into a lease to explore, develop, produce, and dispose of minerals from Federal or Indian lands, that company or individual agrees to pay the lessor a share (royalty) of the value received from production from the leased lands. The lease creates a business relationship between the lessor and the lessee. The lessee is required to report various kinds of information to the lessor relative to the disposition of the leased minerals. Such information is similar to data reported to private and public mineral interest owners and is generally available within the records of the lessee or others involved in developing, transporting, processing, purchasing, or selling of such minerals. The information collected includes data necessary to ensure that the royalties are paid appropriately. Designation of Designee mstockstill on PROD1PC66 with NOTICES The Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 (RSFA), Public Law 104–185, as corrected by Public Law 104–200, established that lessees (owners, primarily, of operating rights, or secondarily, lease record title) are responsible for making royalty and related payments on Federal oil and gas leases. These RSFA requirements are codified at 218.52. It is common, however, for a payor rather than a lessee to make these payments. When a payor makes payments on behalf of a lessee, RSFA section 6(g) requires that the lessee designate the payor as its designee and notify MMS of this arrangement in writing. The MMS designed Form MMS–4425, Designation Form for Royalty Payment Responsibility, to request all the information necessary for lessees to VerDate Aug<31>2005 18:25 Aug 08, 2007 Jkt 211001 comply with these RSFA requirements when they choose to designate an agent to pay for them. Cross-Lease Netting in Calculation of Late-Payment Interest Regulations at 218.54 require MMS to assess interest on unpaid or underpaid amounts. The MMS distributes these interest revenues to states, Indians, and the U.S. Treasury, based on financial lease distribution information. Current regulations at 218.42 provide that an overpayment on a lease or leases may be offset against an underpayment on a different lease or leases to determine the net payment subject to interest, when certain conditions are met. This is called cross-lease netting. However, RSFA sections 6(a), (b), and (c) require MMS to pay interest on lessees’ Federal oil and gas overpayments made on or after February 13, 1997 (6 months after the August 13, 1996 enactment of RSFA). The MMS implemented this RSFA provision in 1997 and began calculating interest on both underpayments and overpayments for Federal oil and gas leases, making the cross-lease netting provisions at 218.42 no longer applicable for these leases. The MMS is developing regulations [MRM1] to amend 218.42 to limit its applicability to payments made under Indian tribal leases and Federal leases for minerals other than oil and gas. The MMS estimates that in about seven cases per year, lessees must comply with the provisions of 218.42(b) and (c) for Indian tribal leases or Federal leases other than oil and gas, demonstrating that cross-lease netting is correct by submitting production reports, pipeline allocation reports, or other similar documentary evidence. This information is necessary for MMS to determine the correct amount of interest owed by the lessee and to ensure proper value is collected. Tribal Permission for Recoupment on Indian Leases In order to report cross-lease netting on Indian leases, lessees must also PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 comply with regulations at 218.53(b), allowing only lessees with written permission from the tribe to recoup overpayments on one lease against a different lease for which the tribe is the lessor. The payor must furnish MMS with a copy of the tribe’s written permission. Generally, a payor may recoup an overpayment against the current month’s royalties or other revenues owed on the same tribal lease. For any month, a payor may not recoup more than 50 percent of the royalties or other revenues owed in that month, under an individual allotted lease, or more than 100 percent of the royalties or other revenues owed in that month, under a tribal lease. Lessees use Form MMS–2014, Report of Sales and Royalty Remittance (burden hours covered under ICR 1010–0140, which expires November 30, 2009), for oil and gas lease recoupments. The MMS requires tribal permission to ensure tribes[MRM2] receive correct revenues from production on their leases. The MMS is requesting OMB’s approval to continue to collect this information. Not collecting this information would limit the Secretary’s ability to discharge his/her duties and may also result in loss of royalty payments. Proprietary information submitted is protected, and there are no questions of a sensitive nature included in this information collection. Frequency: On occasion. Estimated Number and Description of Respondents: 1,612 Federal and Indian lessees. Estimated Annual Reporting and Recordkeeping ‘‘Hour’’ Burden: 1,219 hours. We have not included in our estimates certain requirements performed in the normal course of business and considered usual and customary. The following chart shows the estimated burden hours by CFR section and paragraph: E:\FR\FM\09AUN1.SGM 09AUN1 44855 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Notices RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS Citation 30 CFR part 218 Reporting and recordkeeping requirement Average number of annual responses Hour burden Annual burden hours Subpart A—General Provisions—Cross-lease netting in calculation of late-payment interest 218.42(b) and (c) .............. Cross-lease netting in calculation of late-payment interest. (b) Royalties attributed to production from a lease or leases which should have been attributed to production from a different lease or leases may be offset * * * if * * * the payor submits production reports, pipeline allocation reports, or other similar documentary evidence pertaining to the specific production involved which verifies the correct production information * * *. (c) If MMS assesses late-payment interest and the payor asserts that some or all of the interest is not owed * * * the burden is on the payor to demonstrate that the exception applies * * *. 2 7 14 1,600 1,200 Subpart B—Oil and Gas, General—How does a lessee designate a Designee? 218.52(a), (c), and (d) ...... How does a lessee designate a Designee? (a) If you are a lessee under 30 U.S.C. 1701(7), and you want to designate a person to make all or part of the payments due under a lease on your behalf * * * you must notify MMS * * * in writing of such designation * * *. (c) If you want to terminate a designation * * *. you must provide [the following] to MMS in writing * * * (d) MMS may require you to provide notice when there is a change in the percentage of your record title or operating rights ownership. The MMS currently uses Form MMS–4425, Designation Form for Royalty Payment Responsibility, to collect this information. 0.75 Subpart B—Oil and Gas, General—Recoupment of overpayments on Indian mineral leases Recoupment of overpayments on Indian mineral leases. (b) With written permission authorized by tribal statute or resolution, a payor may recoup an overpayment against royalties or other revenues owed * * * under other leases * * *. A copy of the tribe’s written permission must be furnished to MMS * * *. 1 5 5 Total burden .............. mstockstill on PROD1PC66 with NOTICES 218.53(b) .......................... ..................................................................................... .............................. 1,612 1,219 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 VerDate Aug<31>2005 18:25 Aug 08, 2007 Jkt 211001 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 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 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 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 E:\FR\FM\09AUN1.SGM 09AUN1 44856 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Notices 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 http:// 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 http:// www.mrm.mms.gov/Laws_R_D/InfoColl/ InfoColCom.htm. We will also make copies of the comments available for public review, including names and addresses of respondents, during regular business hours at our offices in Lakewood, Colorado. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public view, we cannot guarantee that we will be able to do so. MMS Information Collection Clearance Officer: Arlene Bajusz, (202) 208–7744. Dated: August 6, 2007. Lucy Querques Denett, Associate Director for Minerals Revenue Management. [FR Doc. E7–15590 Filed 8–8–07; 8:45 am] Final Environmental Impact Statement for the Ecological Restoration Plan for Bandelier National Monument, New Mexico. Alternative B was selected as the park’s preferred alternative; it maximizes work efficiency and minimizes resource impacts by implementing restoration treatments in the most systematic and timely fashion possible given available funding. The purpose of the Ecological Restoration Plan is to re-establish healthy, sustainable vegetative conditions within the pinon-juniper woodland and to mitigate soil erosion that threatens the cultural resources for which Bandelier National Monument was established and specifically set aside to preserve. DATES: The National Park Service will execute a Record of Decision (ROD) no sooner than 30 days following publication by the Environmental Protection Agency of the Notice of Availability of the Final Environmental Impact Statement. ADDRESSES: Information will be available for public review and comment online at http:// parkplanning.nps.gov and in the office of the Superintendent, Darlene Koontz, Bandelier National Monument, 15 Entrance Road, Los Alamos, New Mexico 87544, 505–672–3861, extension 502. FOR FURTHER INFORMATION CONTACT: John Mack, Chief of Resource Management, Bandelier National Monument, 15 Entrance Road, Los Alamos, New Mexico 87544, 505–672–3861, extension 540, john_mack@nps.gov. Dated: July 31, 2007. John T. Crowley, Acting Regional Director, Intermountain Region, National Park Service. [FR Doc. E7–15562 Filed 8–8–07; 8:45 am] BILLING CODE 4312–EW–P BILLING CODE 4310–MR–P DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR National Park Service National Park Service Jackson Hole Airport Use Agreement Extension, Environmental Impact Statement, Grand Teton National Park, Wyoming Ecological Restoration Plan, Final Environmental Impact Statement, Bandelier National Monument, New Mexico mstockstill on PROD1PC66 with NOTICES Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of a SUMMARY: VerDate Aug<31>2005 18:25 Aug 08, 2007 Jkt 211001 National Park Service, Department of the Interior. ACTION: Notice of Intent to prepare an Environmental Impact Statement for the Jackson Hole Airport Use Agreement Extension, Grand Teton National Park. AGENCY: National Park Service, Department of the Interior. ACTION: Notice of Availability of the Final Environmental Impact Statement for the Ecological Restoration Plan, Bandelier National Monument. AGENCY: SUMMARY: Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service is preparing an Environmental Impact Statement (EIS) for the Jackson PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 Hole Airport Use Agreement Extension, Grand Teton National Park, Wyoming. This effort addresses a request from the Jackson Hole Airport Board to amend the use agreement between the Department of the Interior and the Airport Board in order to ensure that the airport remains eligible for funding through the Federal Aviation Administration (FAA). Alternatives to be considered include Alternative 1: No Action—The airport would continue operations under the existing use agreement which currently has an expiration date of April 27, 2033; Alternative 2: Extend Agreement— Jackson Hole Airport Board proposal to extend the use agreement for an additional two 10–year terms, bringing the expiration date to April 27, 2053; and Alternative 3: Update and Extend Agreement—Extend the use agreement for an additional two 10-year terms with minor modifications as mutually agreed to by the NPS and the Airport Board. The Jackson Hole Airport is located on 533 acres of land within Grand Teton National Park. The airport operates under the terms and conditions of a 1983 use agreement between the Department of the Interior and the Jackson Hole Airport Board. The 1983 agreement was for a primary term of 30 years, with options for two 10-year extensions, both of which have been exercised. The agreement also includes a provision that further extensions, amendments, or modifications could be negotiated by the parties on mutually satisfactory terms, and that the parties agree that upon expiration of the agreement, a mutually satisfactory extension could be negotiated. The FAA requires that airports have use agreements of 20 years or more in order to remain eligible for Airport Improvement Program funds. An extension of the existing use agreement is needed to provide assurance that the airport will remain eligible for funding beyond the year 2013. In November 2006, a public scoping notice soliciting public comments was circulated describing the purpose and need for the project. Based on comments received and subsequent data gathered, the NPS has determined the preparation of an EIS is warranted. Preliminary EIS impact topics include: Natural soundscape, air quality, water quality, wildlife/T&E species, visual quality/ dark skies, public health and safety, visitor use & experience, transportation planning, socioeconomics, park & airport operations. DATES: The National Park Service will conduct further scoping for the draft alternatives and EIS for a period of 30- E:\FR\FM\09AUN1.SGM 09AUN1

Agencies

[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Notices]
[Pages 44853-44856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15590]


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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 1010-0107).

-----------------------------------------------------------------------

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 new title of this information collection request (ICR) is 
``30 CFR Part 218, Collection of Monies Due the Federal Government.'' 
The form associated with this collection is Form MMS-4425, Designation 
Form for Royalty Payment Responsibility. The previous title of this ICR 
was ``30 CFR Part 218, Subpart A--General Provisions, 218.42 Cross-
lease netting in calculation of late-payment interest; Subpart B--Oil 
and Gas, General, 218.52 How does a lessee designate a Designee? (Form 
MMS-4425, Designation Form for Royalty Payment Responsibility) and 
218.53 Recoupment of overpayments on Indian mineral leases; and Subpart 
E--Solid Minerals--General, 218.203 Recoupment of overpayments on 
Indian mineral leases.''
    We revised this ICR in order to enable program-wide review of all 
information collections for solid minerals and geothermal resources. We 
removed 218.203, which relates to solid minerals, from this ICR and 
included 218.203 in the solid minerals ICR 1010-0120 (expires October 
31, 2007).

DATES: Submit written comments on or before October 9, 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.

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 218, Collection of Monies Due the Federal 
Government.
    OMB Control Number: 1010-0107.
    Bureau Form Number: Form MMS-4425.
    Abstract: The Secretary of the U.S. Department of the Interior is 
responsible for 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.
    Public laws pertaining to mineral royalties are on our Web site at 
http://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm. Applicable 
citations of the laws pertaining to mineral leases include the 
following:
    1. Public Law 97-451--Jan. 12, 1983 (Federal Oil and Gas Royalty 
Management Act of 1982 [FOGRMA]);

[[Page 44854]]

    2. Public Law 104-185--Aug. 13, 1996 (Federal Oil and Gas Royalty 
Simplification and Fairness Act of 1996 [RSFA]), as corrected by Public 
Law 104-200--Sept. 22, 1996); and
    3. Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.).
    When a company or an individual enters into a lease to explore, 
develop, produce, and dispose of minerals from Federal or Indian lands, 
that company or individual agrees to pay the lessor a share (royalty) 
of the value received from production from the leased lands. The lease 
creates a business relationship between the lessor and the lessee. The 
lessee is required to report various kinds of information to the lessor 
relative to the disposition of the leased minerals. Such information is 
similar to data reported to private and public mineral interest owners 
and is generally available within the records of the lessee or others 
involved in developing, transporting, processing, purchasing, or 
selling of such minerals. The information collected includes data 
necessary to ensure that the royalties are paid appropriately.

Designation of Designee

    The Federal Oil and Gas Royalty Simplification and Fairness Act of 
1996 (RSFA), Public Law 104-185, as corrected by Public Law 104-200, 
established that lessees (owners, primarily, of operating rights, or 
secondarily, lease record title) are responsible for making royalty and 
related payments on Federal oil and gas leases. These RSFA requirements 
are codified at 218.52. It is common, however, for a payor rather than 
a lessee to make these payments. When a payor makes payments on behalf 
of a lessee, RSFA section 6(g) requires that the lessee designate the 
payor as its designee and notify MMS of this arrangement in writing. 
The MMS designed Form MMS-4425, Designation Form for Royalty Payment 
Responsibility, to request all the information necessary for lessees to 
comply with these RSFA requirements when they choose to designate an 
agent to pay for them.

Cross-Lease Netting in Calculation of Late-Payment Interest

    Regulations at 218.54 require MMS to assess interest on unpaid or 
underpaid amounts. The MMS distributes these interest revenues to 
states, Indians, and the U.S. Treasury, based on financial lease 
distribution information. Current regulations at 218.42 provide that an 
overpayment on a lease or leases may be offset against an underpayment 
on a different lease or leases to determine the net payment subject to 
interest, when certain conditions are met. This is called cross-lease 
netting. However, RSFA sections 6(a), (b), and (c) require MMS to pay 
interest on lessees' Federal oil and gas overpayments made on or after 
February 13, 1997 (6 months after the August 13, 1996 enactment of 
RSFA). The MMS implemented this RSFA provision in 1997 and began 
calculating interest on both underpayments and overpayments for Federal 
oil and gas leases, making the cross-lease netting provisions at 218.42 
no longer applicable for these leases. The MMS is developing 
regulations [MRM1] to amend 218.42 to limit its 
applicability to payments made under Indian tribal leases and Federal 
leases for minerals other than oil and gas. The MMS estimates that in 
about seven cases per year, lessees must comply with the provisions of 
218.42(b) and (c) for Indian tribal leases or Federal leases other than 
oil and gas, demonstrating that cross-lease netting is correct by 
submitting production reports, pipeline allocation reports, or other 
similar documentary evidence. This information is necessary for MMS to 
determine the correct amount of interest owed by the lessee and to 
ensure proper value is collected.

Tribal Permission for Recoupment on Indian Leases

    In order to report cross-lease netting on Indian leases, lessees 
must also comply with regulations at 218.53(b), allowing only lessees 
with written permission from the tribe to recoup overpayments on one 
lease against a different lease for which the tribe is the lessor. The 
payor must furnish MMS with a copy of the tribe's written permission. 
Generally, a payor may recoup an overpayment against the current 
month's royalties or other revenues owed on the same tribal lease. For 
any month, a payor may not recoup more than 50 percent of the royalties 
or other revenues owed in that month, under an individual allotted 
lease, or more than 100 percent of the royalties or other revenues owed 
in that month, under a tribal lease. Lessees use Form MMS-2014, Report 
of Sales and Royalty Remittance (burden hours covered under ICR 1010-
0140, which expires November 30, 2009), for oil and gas lease 
recoupments. The MMS requires tribal permission to ensure 
tribes[MRM2] receive correct revenues from production on 
their leases.
    The MMS is requesting OMB's approval to continue to collect this 
information. Not collecting this information would limit the 
Secretary's ability to discharge his/her duties and may also result in 
loss of royalty payments. Proprietary information submitted is 
protected, and there are no questions of a sensitive nature included in 
this information collection.
    Frequency: On occasion.
    Estimated Number and Description of Respondents: 1,612 Federal and 
Indian lessees.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 1,219 
hours.
    We have not included in our estimates certain requirements 
performed in the normal course of business and considered usual and 
customary. The following chart shows the estimated burden hours by CFR 
section and paragraph:

[[Page 44855]]



                                   Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
                                      Reporting and
    Citation 30 CFR part 218          recordkeeping         Hour burden     Average number of    Annual burden
                                       requirement                          annual  responses        hours
----------------------------------------------------------------------------------------------------------------
           Subpart A--General Provisions--Cross-lease netting in calculation of late-payment interest
----------------------------------------------------------------------------------------------------------------
218.42(b) and (c)..............  Cross-lease netting in                  2                  7                 14
                                  calculation of late-
                                  payment interest. (b)
                                  Royalties attributed
                                  to production from a
                                  lease or leases which
                                  should have been
                                  attributed to
                                  production from a
                                  different lease or
                                  leases may be offset
                                  * * * if * * * the
                                  payor submits
                                  production reports,
                                  pipeline allocation
                                  reports, or other
                                  similar documentary
                                  evidence pertaining
                                  to the specific
                                  production involved
                                  which verifies the
                                  correct production
                                  information * * *.
                                 (c) If MMS assesses
                                  late-payment interest
                                  and the payor asserts
                                  that some or all of
                                  the interest is not
                                  owed * * * the burden
                                  is on the payor to
                                  demonstrate that the
                                  exception applies * *
                                  *..
----------------------------------------------------------------------------------------------------------------
                    Subpart B--Oil and Gas, General--How does a lessee designate a Designee?
----------------------------------------------------------------------------------------------------------------
218.52(a), (c), and (d)........  How does a lessee                    0.75              1,600              1,200
                                  designate a Designee?
                                  (a) If you are a
                                  lessee under 30
                                  U.S.C. 1701(7), and
                                  you want to designate
                                  a person to make all
                                  or part of the
                                  payments due under a
                                  lease on your behalf
                                  * * * you must notify
                                  MMS * * * in writing
                                  of such designation *
                                  * *.
                                 (c) If you want to
                                  terminate a
                                  designation * * *.
                                  you must provide [the
                                  following] to MMS in
                                  writing * * *.
                                 (d) MMS may require
                                  you to provide notice
                                  when there is a
                                  change in the
                                  percentage of your
                                  record title or
                                  operating rights
                                  ownership..
                                 The MMS currently uses
                                  Form MMS-4425,
                                  Designation Form for
                                  Royalty Payment
                                  Responsibility, to
                                  collect this
                                  information..
----------------------------------------------------------------------------------------------------------------
              Subpart B--Oil and Gas, General--Recoupment of overpayments on Indian mineral leases
----------------------------------------------------------------------------------------------------------------
218.53(b)......................  Recoupment of                           1                  5                  5
                                  overpayments on
                                  Indian mineral
                                  leases. (b) With
                                  written permission
                                  authorized by tribal
                                  statute or
                                  resolution, a payor
                                  may recoup an
                                  overpayment against
                                  royalties or other
                                  revenues owed * * *
                                  under other leases *
                                  * *. A copy of the
                                  tribe's written
                                  permission must be
                                  furnished to MMS * *
                                  *.
                                --------------------------------------------------------------------------------
    Total burden...............  ......................  .................              1,612              1,219
----------------------------------------------------------------------------------------------------------------

    Estimated Annual Reporting and Recordkeeping ``Non-hour Cost'' 
Burden: We have identified no ``non-hour 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 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

[[Page 44856]]

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 http://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 http://www.mrm.mms.gov/Laws_R_D/
InfoColl/InfoColCom.htm. We will also make copies of the comments 
available for public review, including names and addresses of 
respondents, during regular business hours at our offices in Lakewood, 
Colorado. Before including your address, phone number, e-mail address, 
or other personal identifying information in your comment, you should 
be aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public view, we cannot guarantee that we will be able 
to do so.
    MMS Information Collection Clearance Officer: Arlene Bajusz, (202) 
208-7744.

    Dated: August 6, 2007.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. E7-15590 Filed 8-8-07; 8:45 am]
BILLING CODE 4310-MR-P