Agency Information Collection Activities: Proposed Collection, Comment Request, 32597-32600 [E8-12817]

Download as PDF 32597 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 .................................................... mstockstill on PROD1PC66 with NOTICES 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 VerDate Aug<31>2005 18:05 Jun 06, 2008 Jkt 214001 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. PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 Non-hour cost burden 4 1 20 1 1 2 1 1 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 E:\FR\FM\09JNN1.SGM 09JNN1 mstockstill on PROD1PC66 with NOTICES 32598 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 http:// 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 VerDate Aug<31>2005 18:05 Jun 06, 2008 Jkt 214001 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 http:// 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 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 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 E:\FR\FM\09JNN1.SGM 09JNN1 32599 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 ......... 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. VerDate Aug<31>2005 18:26 Jun 06, 2008 Jkt 214001 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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 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 E:\FR\FM\09JNN1.SGM 09JNN1 32600 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 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, 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: mstockstill on PROD1PC66 with NOTICES 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 VerDate Aug<31>2005 18:05 Jun 06, 2008 Jkt 214001 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 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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 09JNN1

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 http://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 http://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 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, 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