Agency Information Collection Activities: Proposed Collection, Comment Request, 32597-32600 [E8-12817]
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Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Notices
Hour burden
Citation 30 CFR part 280
Reporting and recordkeeping requirements
40; 41; 50; 51; Permit Form .....................
Notify MMS and submit G&G data/information collected under a permit and/or processed by permittees or 3rd parties, including reports, logs or charts, results, analyses, descriptions, etc.
42(b); 52(b) ...............................................
Advise 3rd party recipient of obligations. Part of licensing agreement between parties; no submission
to MMS
42(c), 42(d); 52(c), 52(d) ..........................
60; 61(a) ...................................................
Notify MMS of 3rd party transactions ..........................................................................
Request reimbursement for costs of reproducing data/information & certain processing costs.
Submit in not less than 5 days comments on MMS intent to disclose data/information.
Contractor submits written commitment not to sell, trade, license, or disclose data/
information.
General departure and alternative compliance requests not specifically covered
elsewhere in part 280 regulations.
Request extension of permit time period .....................................................................
Retain G&G data/information for 10 years and make available to MMS upon request.
72(b) ..........................................................
72(d) ..........................................................
Part 280 ....................................................
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Permit Form ..............................................
Permit Form ..............................................
Estimated Reporting and
Recordkeeping Non-Hour Cost Burden:
We have identified one non-hour cost
burden for this collection. In § 280.12,
respondents are required to pay $1,900
to file a notice to conduct research
activities related to hard minerals. We
have identified no other non-hour cost
burdens.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.) provides that an
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid OMB control
number. Until OMB approves a
collection of information, you are not
obligated to respond.
Comments: 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.
Agencies must also estimate the ‘‘nonhour cost’’ burdens to respondents or
recordkeepers resulting from the
collection of information. Therefore, if
you have costs to generate, maintain,
and disclose this information, you
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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, and
record storage facilities. You should not
include estimates for 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
submission for OMB approval. As a
result of your comments, we will make
any necessary adjustments to the burden
in our submission to OMB.
Public Comment Procedures: 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 review, we
cannot guarantee that we will be able to
do so.
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Non-hour cost
burden
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MMS Information Collection
Clearance Officer: Arlene Bajusz (202)
208–7744.
Dated: June 2, 2008.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E8–12809 Filed 6–6–08; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2008–MRM–0022]
Agency Information Collection
Activities: Proposed Collection,
Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number 1010–
0107).
AGENCY:
SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are notifying the public that
we have submitted to the Office of
Management and Budget (OMB) an
information collection request (ICR) to
renew approval of the paperwork
requirements in the regulations under
30 part CFR 218, regarding (1) Crosslease netting in calculation of latepayment interest; (2) designating a
designee; and (3) recoupment of
overpayments on Indian oil and gas
leases. This notice also provides the
public a second opportunity to
comment on the paperwork burden of
the regulatory requirements. We
shortened the title of this ICR to meet
OMB requirements. The new title of this
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Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Notices
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.
DATES: Submit written comments on or
before July 9, 2008.
ADDRESSES: Submit written comments
by either FAX (202) 395–6566 or e-mail
(OIRA_Docket@omb.eop.gov ) directly
to the Office of Information and
Regulatory Affairs, OMB, Attention:
Desk Officer for the Department of the
Interior (OMB Control Number 1010–
0107).
You also may submit comments by
the following methods:
• Electronically go to https://
www.regulations.gov. In the ‘‘Comment
or Submission’’ column, enter ‘‘MMS–
2008–MRM–0022’’ to view supporting
and related materials for this ICR. Click
on ‘‘Send a comment or submission’’
link to submit public comments.
Information on using Regulations.gov,
including instructions for accessing
documents, submitting comments, and
viewing the docket after the close of the
comment period, is available through
the site’s ‘‘User Tips’’ link. All
comments submitted will be posted to
the docket.
• Mail comments to Hyla Hurst,
Regulatory Specialist, Minerals
Management Service, Minerals Revenue
Management, P.O. Box 25165, MS
302B2, Denver, Colorado 80225. Please
reference ICR 1010–0107 in your
comments.
• Hand-carry comments or use an
overnight courier service. Our courier
address is Building 85, Room A–614,
Denver Federal Center, West 6th Ave.
and Kipling Blvd., Denver, Colorado
80225. Please reference ICR 1010–0107
in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla
Hurst, telephone (303) 231–3495, or email hyla.hurst@mms.gov. You may also
contact Hyla Hurst to obtain copies, at
no cost, of (1) The ICR, (2) any
associated forms, and (3) the regulations
that require the subject collection of
information.
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 mineral resource development on
Federal and Indian lands and the Outer
Continental Shelf (OCS). The Secretary,
under the Mineral Leasing Act (30
U.S.C. 1923), the Indian Mineral
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Development Act of 1982 (Pub. L. 97–
382–Dec. 22, 1982), and the Outer
Continental Shelf Lands Act (43 U.S.C.
1353), is responsible for managing the
production of minerals from Federal
and Indian lands and the OCS,
collecting royalties and other mineral
revenues from lessees who produce
minerals, and distributing the funds
collected in accordance with applicable
laws. The Secretary has a trust
responsibility to manage Indian lands
and seek advice and information from
Indian beneficiaries. The MMS performs
the mineral revenue management
functions and assists the Secretary in
carrying out the Department’s trust
responsibility for Indian lands. Public
laws pertaining to mineral revenues are
on our Web site at https://
www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
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 in an amount or value of
production from the leased lands. The
lessee is required to report various kinds
of information to the lessor relative to
the disposition of the leased minerals.
Such information 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.
The burden hour and requirements in
§ 218.203 have been moved to collection
1010–0120, Solid Minerals and
Geothermal Collections (expires
December 31, 2010) and are therefore
removed from this collection. This
change enables program-wide review of
all information collections for solid
minerals and geothermal resources. This
ICR covers unique reporting
circumstances including (1) Cross-lease
netting in calculation of late-payment
interest; (2) designation of designee; and
(3) tribal permission for recoupment on
Indian oil and gas leases.
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, Indian tribes, 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
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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 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.
Designation of Designee
The RSFA 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.
Tribal Permission for Recoupment on
Indian Oil and Gas Leases
In order to report cross-lease netting
on Indian oil and gas 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
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Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Notices
other revenues owed in that month,
under an individual allotted lease, or
more than 100 percent of the royalties
or other revenues owed in that month,
under a tribal lease. Lessees use Form
MMS–2014, Report of Sales and Royalty
Remittance (burden hours covered
under ICR 1010–0140, expires
November 30, 2009), for oil and gas
lease recoupments.
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 the duties of the
office 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. The requirement to respond
is mandatory.
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:
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation 30 CFR part 218
Average
number of
annual
responses
Hour
burden
Reporting and recordkeeping requirement
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
0.75
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.
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 .........
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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.
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18:26 Jun 06, 2008
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Comments: Section 3506(c)(2)(A) of
the PRA requires each agency ‘‘* * * to
provide notice * * * and otherwise
consult with members of the public and
affected agencies concerning each
proposed collection of information
* * *.’’ Agencies must specifically
solicit comments to: (a) Evaluate
whether the proposed collection of
information is necessary for the agency
to perform its duties, including whether
the information is useful; (b) evaluate
the accuracy of the agency’s estimate of
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the burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
information to be collected; and (d)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
To comply with the public
consultation process, we published a
notice in the Federal Register on August
9, 2007 (72 FR 44853), announcing that
we would submit this ICR to OMB for
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Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Notices
approval. The notice provided the
required 60-day comment period. We
received no comments in response to
the notice.
If you wish to comment in response
to this notice, you may send your
comments to the offices listed under the
ADDRESSES section of this notice. The
OMB has up to 60 days to approve or
disapprove the information collection
but may respond after 30 days.
Therefore, to ensure maximum
consideration, OMB should receive
public comments by July 9, 2008.
Public Comment Policy: We will post
all comments in response to this notice
on our Web site at https://
www.mrm.mms.gov/Laws_R_D/InfoColl/
InfoColCom.htm. We will also make
copies of the comments available for
public review, including names and
addresses of respondents, during regular
business hours at our offices in
Lakewood, Colorado. Before including
your address, phone number, e-mail
address, or other personal identifying
information in your comment, be
advised 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 from
public review your personal identifying
information, we cannot guarantee that
we will be able to do so.
MMS Information Collection
Clearance Officer: Arlene Bajusz (202)
208–7744.
Dated: May 5, 2008.
Walter D. Cruickshank,
Acting Associate Director for Minerals
Revenue Management.
[FR Doc. E8–12817 Filed 6–6–08; 8:45 am]
Boundary,’’ dated November 2007, and
numbered 405/80,028.
or faxed comments should be submitted
by June 24, 2008.
FOR FURTHER INFORMATION CONTACT:
J. Paul Loether,
Chief, National Register/National Historic
Landmarks Program.
National Park Service, Chief, Columbia
Cascades Land Resources Program
Center, 168 South Jackson Street,
Seattle, Washington 98104, (206) 220–
4100. The map depicting the revision is
on file and available for inspection at
this address. Before including your
address, phone number, or other
personal identifying information in your
comment, please be aware that your
entire comment, including your
personal information, may be made
publicly available at any time.
The effective date of this
boundary revision is June 9, 2008.
DATES:
Inclusion
of these lands within the park boundary
will enable willing land owners to sell
and convey interests in the subject land
to the National Park Service. The lands
are suitable to serve expanded public
visitor uses and provide a western
trailhead entrance for the park’s ‘‘Fortto-Sea Trail.’’ Additionally, the
boundary revision will afford greater
protection of park resources.
SUPPLEMENTARY INFORMATION:
Dated: January 7, 2008.
Jonathan B. Jarvis,
Regional Director, Pacific West Region.
Editorial Note: This document was
received at the Office of the Federal Register
on June 4, 2008.
[FR Doc. E8–12841 Filed 6–6–08; 8:45 am]
BILLING CODE 4310–C1–P
ARKANSAS
Sebastian County
May—Lecta—Sweet Historic District,
Roughly bounded by May Ave., Rogers
Ave., Sweet Ave., and Kinkead Ave., Fort
Smith, 08000597.
CALIFORNIA
Los Angeles County
Pasadena Arroyo Parks and Recreation
District, Roughly bounded by the Foothill
Freeway on the north, the city limits on the
south, Arroyo Blvd on east, San Rafael,
Pasadena, 08000579.
COLORADO
Larimer County
Buckeye School, (Rural School Buildings in
Colorado MPS) off W. Cty. Rd. 80,
Wellington, 08000599
KANSAS
Barton County
Bridge No. 222—Off System Bridge, (New
Deal-Era Resources of Kansas MPS) NE 60
Ave. S. and NE. 210 Rd., 1⁄8 mile East on
210 Rd., Beaver, 08000608.
Bridge No. 640 Federal Aid Highway System
Bridge, (New Deal-Era Resources of Kansas
MPS) NE 60 Ave., 1⁄8 mile north of NE 210
Rd., Beaver, 08000611.
Bridge No. 650—Federal Aid Highway
System Bridge, (New Deal-Era Resources of
Kansas MPS) NE 60 Ave., 1⁄12 mile south
of NE 220 Rd., Beaver, 08000612.
Bourbon County
DEPARTMENT OF THE INTERIOR
First Presbyterian Church, 308 S. Crawford,
Fort Scott, 08000619.
BILLING CODE 4310–MR–P
National Park Service
Doniphan County
DEPARTMENT OF THE INTERIOR
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
National Park Service
Minor Boundary Revision at Lewis and
Clark National Historical Park
National Park Service.
Notification of boundary
revision.
AGENCY:
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ACTION:
SUMMARY: Notice is hereby given that,
pursuant to 16 U.S.C. 460l–(9)(c)(1), the
boundary of Lewis and Clark National
Historical Park, Clatsop County, Oregon,
is modified to include an additional
three tracts totaling 7.94 acres of land.
These lands are adjacent to the
northwestern boundary of the Fort
Clatsop unit of the park and are
depicted on a map entitled ‘‘Lewis and
Clark National Historical Park Proposed
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18:05 Jun 06, 2008
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Nominations for the following
properties being considered for listing
or related actions in the National
Register were received by the National
Park Service before May 24, 2008.
Pursuant to § 60.13 of 36 CFR Part 60
written comments concerning the
significance of these properties under
the National Register criteria for
evaluation may be forwarded by United
States Postal Service, to the National
Register of Historic Places, National
Park Service, 1849 C St. NW., 2280,
Washington, DC 20240; by all other
carriers, National Register of Historic
Places, National Park Service,1201 Eye
St. NW., 8th floor, Washington DC
20005; or by fax, 202–371–6447. Written
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First National Bank Building, (Highland,
Doniphan County, Kansas MPS) 422–424
W. Main St., Highland, 08000609.
Douglas County
Fernand—Strong, House, (Lawrence, Kansas
MPS) 1515 University Dr., Lawrence,
08000614.
Linn County
Prescott Rural High School, (Public Schools
of Kansas MPS) 202 West 4th St., Prescott,
08000610.
Nemaha County
Lake Nemaha Dam Guardrail, (New Deal-Era
Resources of Kansas MPS) 5.12 miles south
of Seneca, KS on Hwy 63,Seneca,
08000620.
KANSAS
Phillips County
Agra Lake and Park, (New Deal-Era Resources
of Kansas MPS) 1⁄4 mile north of Hwy 36,
west edge of Agra, Agra, 08000616.
E:\FR\FM\09JNN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 111 (Monday, June 9, 2008)]
[Notices]
[Pages 32597-32600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12817]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS-2008-MRM-0022]
Agency Information Collection Activities: Proposed Collection,
Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of an extension of a currently approved information
collection (OMB Control Number 1010-0107).
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we
are notifying the public that we have submitted to the Office of
Management and Budget (OMB) an information collection request (ICR) to
renew approval of the paperwork requirements in the regulations under
30 part CFR 218, regarding (1) Cross-lease netting in calculation of
late-payment interest; (2) designating a designee; and (3) recoupment
of overpayments on Indian oil and gas leases. This notice also provides
the public a second opportunity to comment on the paperwork burden of
the regulatory requirements. We shortened the title of this ICR to meet
OMB requirements. The new title of this
[[Page 32598]]
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.
DATES: Submit written comments on or before July 9, 2008.
ADDRESSES: Submit written comments by either FAX (202) 395-6566 or e-
mail (OIRA_Docket@omb.eop.gov ) directly to the Office of Information
and Regulatory Affairs, OMB, Attention: Desk Officer for the Department
of the Interior (OMB Control Number 1010-0107).
You also may submit comments by the following methods:
Electronically go to https://www.regulations.gov. In the
``Comment or Submission'' column, enter ``MMS-2008-MRM-0022'' to view
supporting and related materials for this ICR. Click on ``Send a
comment or submission'' link to submit public comments. Information on
using Regulations.gov, including instructions for accessing documents,
submitting comments, and viewing the docket after the close of the
comment period, is available through the site's ``User Tips'' link. All
comments submitted will be posted to the docket.
Mail comments to Hyla Hurst, Regulatory Specialist,
Minerals Management Service, Minerals Revenue Management, P.O. Box
25165, MS 302B2, Denver, Colorado 80225. Please reference ICR 1010-0107
in your comments.
Hand-carry comments or use an overnight courier service.
Our courier address is Building 85, Room A-614, Denver Federal Center,
West 6th Ave. and Kipling Blvd., Denver, Colorado 80225. Please
reference ICR 1010-0107 in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla Hurst, telephone (303) 231-3495,
or e-mail hyla.hurst@mms.gov. You may also contact Hyla Hurst to obtain
copies, at no cost, of (1) The ICR, (2) any associated forms, and (3)
the regulations that require the subject collection of information.
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 mineral resource development on Federal and Indian
lands and the Outer Continental Shelf (OCS). The Secretary, under the
Mineral Leasing Act (30 U.S.C. 1923), the Indian Mineral Development
Act of 1982 (Pub. L. 97-382-Dec. 22, 1982), and the Outer Continental
Shelf Lands Act (43 U.S.C. 1353), is responsible for managing the
production of minerals from Federal and Indian lands and the OCS,
collecting royalties and other mineral revenues from lessees who
produce minerals, and distributing the funds collected in accordance
with applicable laws. The Secretary has a trust responsibility to
manage Indian lands and seek advice and information from Indian
beneficiaries. The MMS performs the mineral revenue management
functions and assists the Secretary in carrying out the Department's
trust responsibility for Indian lands. Public laws pertaining to
mineral revenues are on our Web site at https://www.mrm.mms.gov/Laws_
R_D/PublicLawsAMR.htm.
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 in an
amount or value of production from the leased lands. The lessee is
required to report various kinds of information to the lessor relative
to the disposition of the leased minerals. Such information 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.
The burden hour and requirements in Sec. 218.203 have been moved
to collection 1010-0120, Solid Minerals and Geothermal Collections
(expires December 31, 2010) and are therefore removed from this
collection. This change enables program-wide review of all information
collections for solid minerals and geothermal resources. This ICR
covers unique reporting circumstances including (1) Cross-lease netting
in calculation of late-payment interest; (2) designation of designee;
and (3) tribal permission for recoupment on Indian oil and gas leases.
Cross-Lease Netting in Calculation of Late-Payment Interest
Regulations at Sec. 218.54 require MMS to assess interest on
unpaid or underpaid amounts. The MMS distributes these interest
revenues to states, Indian tribes, and the U.S. Treasury, based on
financial lease distribution information. Current regulations at Sec.
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 Sec. 218.42 no longer applicable for these
leases. The MMS estimates that, in about seven cases per year, lessees
must comply with the provisions of Sec. 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.
Designation of Designee
The RSFA 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 Sec. 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.
Tribal Permission for Recoupment on Indian Oil and Gas Leases
In order to report cross-lease netting on Indian oil and gas
leases, lessees must also comply with regulations at Sec. 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
[[Page 32599]]
other revenues owed in that month, under an individual allotted lease,
or more than 100 percent of the royalties or other revenues owed in
that month, under a tribal lease. Lessees use Form MMS-2014, Report of
Sales and Royalty Remittance (burden hours covered under ICR 1010-0140,
expires November 30, 2009), for oil and gas lease recoupments.
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 the duties of the office 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. The requirement to respond is
mandatory.
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:
Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
Average
Reporting and recordkeeping Hour number of Annual
Citation 30 CFR part 218 requirement burden annual burden
responses hours
----------------------------------------------------------------------------------------------------------------
Subpart A--General Provisions-- Cross-lease netting in calculation of late-payment interest.
----------------------------------------------------------------------------------------------------------------
218.42(b) and (c)...................... Cross-lease netting in calculation
of 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 2 7 14
interest and the payor asserts
that some or all of the interest
is not owed... the burden is on
the payor to demonstrate that the
exception applies * * *
----------------------------------------------------------------------------------------------------------------
Subpart B--Oil and Gas, General--How does a lessee designate a Designee?
----------------------------------------------------------------------------------------------------------------
218.52(a), (c), and (d)................ How does a lessee designate a
Designee? (a) If you are a lessee
under 30 U.S.C. 1701(7), and you
want to designate a person to make
all or part of the payments due
under a lease on your behalf * * *
you must notify MMS * * * in
writing of such designation * * *
----------------------------------------------------------------------------------------------------------------
(c) If you want to terminate a
designation * * * you must provide
[the following] to MMS in writing
* * *
(d) MMS may require you to provide 0.75 1,600 1,200
notice when there is a change in
the percentage of your record
title or operating rights
ownership. The MMS currently uses
Form MMS-4425, Designation Form
for Royalty Payment
Responsibility, to collect this
information.
----------------------------------------------------------------------------------------------------------------
Subpart B--Oil and Gas, General--Recoupment of overpayments on Indian mineral leases.
----------------------------------------------------------------------------------------------------------------
218.53(b).............................. Recoupment of overpayments on 1 5 5
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: Section 3506(c)(2)(A) of the PRA requires each agency ``*
* * to provide notice * * * and otherwise consult with members of the
public and affected agencies concerning each proposed collection of
information * * *.'' Agencies must specifically solicit comments to:
(a) Evaluate whether the proposed collection of information is
necessary for the agency to perform its duties, including whether the
information is useful; (b) evaluate the accuracy of the agency's
estimate of the burden of the proposed collection of information; (c)
enhance the quality, usefulness, and clarity of the information to be
collected; and (d) minimize the burden on the respondents, including
the use of automated collection techniques or other forms of
information technology.
To comply with the public consultation process, we published a
notice in the Federal Register on August 9, 2007 (72 FR 44853),
announcing that we would submit this ICR to OMB for
[[Page 32600]]
approval. The notice provided the required 60-day comment period. We
received no comments in response to the notice.
If you wish to comment in response to this notice, you may send
your comments to the offices listed under the ADDRESSES section of this
notice. The OMB has up to 60 days to approve or disapprove the
information collection but may respond after 30 days. Therefore, to
ensure maximum consideration, OMB should receive public comments by
July 9, 2008.
Public Comment Policy: We will post all comments in response to
this notice on our Web site at https://www.mrm.mms.gov/Laws_R_D/
InfoColl/InfoColCom.htm. We will also make copies of the comments
available for public review, including names and addresses of
respondents, during regular business hours at our offices in Lakewood,
Colorado. Before including your address, phone number, e-mail address,
or other personal identifying information in your comment, be advised
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 from public review your personal
identifying information, we cannot guarantee that we will be able to do
so.
MMS Information Collection Clearance Officer: Arlene Bajusz (202)
208-7744.
Dated: May 5, 2008.
Walter D. Cruickshank,
Acting Associate Director for Minerals Revenue Management.
[FR Doc. E8-12817 Filed 6-6-08; 8:45 am]
BILLING CODE 4310-MR-P
