Agency Information Collection Activities: Proposed Collection, Comment Request, 63723-63730 [E8-25582]
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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
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LINKS.pdf.
ADDRESSES,
Dated: October 20, 2008.
Brian Millsap,
Acting Regional Director, U.S. Fish and
Wildlife Service, Albuquerque, New Mexico.
[FR Doc. E8–25496 Filed 10–24–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
CFR Part 4, Subpart E, shall be deemed
to have waived their rights.
ADDRESSES: A copy of the decision may
be obtained from: Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
Alaska 99513–7504.
FOR FURTHER INFORMATION CONTACT: The
Bureau of Land Management by phone
at 907–271–5960, or by e-mail at
ak.blm.conveyance@ak.blm.gov. Persons
who use a telecommunication device
(TTD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8330, 24 hours a day, seven days a
week, to contact the Bureau of Land
Management.
[F–14907–A2, F–14907–B2, F–14930–B2;
AK–964–1410–KC–P]
Michael Bilancione,
Land Transfer Resolution Specialist, Land
Transfer Adjudication I.
[FR Doc. E8–25493 Filed 10–24–08; 8:45 am]
Alaska Native Claims Selection
BILLING CODE 4310–JA–P
AGENCY:
Bureau of Land Management,
Interior.
Notice of decision approving
lands for conveyance.
DEPARTMENT OF THE INTERIOR
SUMMARY: As required by 43 CFR
2650.7(d), notice is hereby given that an
appealable decision approving lands for
conveyance pursuant to the Alaska
Native Claims Settlement Act will be
issued to NANA Regional Corporation,
Inc. The lands are in the vicinity of
Noatak and Selawik, Alaska, and are
located in:
[F–14943–B; AK–964–1410–KC-P]
ACTION:
Bureau of Land Management
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Kateel River Meridian, Alaska
T. 16 N., R. 7 W.,
Secs. 18, 19, 30, and 31.
Containing approximately 2,347 acres.
T. 25 N., R. 20 W.,
Secs. 11 to 14, inclusive;
Secs. 23, 24, and 26.
Containing approximately 4,340 acres.
T. 27 N., R. 20 W.,
Secs. 11 to 14, inclusive.
Containing approximately 2,560 acres.
Aggregating approximately 9,247 acres.
The subsurface estate in these lands
will also be conveyed to NANA
Regional Corporation, Inc. when the
surface estate is conveyed. Notice of the
decision will also be published four
times in the Arctic Sounder.
DATES: The time limits for filing an
appeal are:
1. Any party claiming a property
interest which is adversely affected by
the decision shall have until November
26, 2008 to file an appeal.
2. Parties receiving service of the
decision by certified mail shall have 30
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43
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Alaska Native Claims Selection
AGENCY:
the decision shall have until November
26, 2008 to file an appeal.
2. Parties receiving service of the
decision by certified mail shall have 30
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43
CFR Part 4, Subpart E, shall be deemed
to have waived their rights.
ADDRESSES: A copy of the decision may
be obtained from: Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
Alaska 99513–7504.
FOR FURTHER INFORMATION CONTACT: The
Bureau of Land Management by phone
at 907–271–5960, or by e-mail at
ak.blm.conveyance@ak.blm.gov.
Persons who use a telecommunication
device (TTD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8330, 24 hours a day, seven
days a week, to contact the Bureau of
Land Management.
Jason Robinson,
Land Law Examiner, Land Transfer
Adjudication I.
[FR Doc. E8–25494 Filed 10–24–08; 8:45 am]
BILLING CODE 4310–JA–P
Bureau of Land Management,
Interior.
Notice of decision approving
lands for conveyance.
ACTION:
As required by 43 CFR
2650.7(d), notice is hereby given that an
appealable decision approving the
surface and subsurface estates in certain
lands for conveyance pursuant to the
Alaska Native Claims Settlement Act
will be issued to Tanacross,
Incorporated. The lands are in the
vicinity of Tanacross, Alaska, and are
located in:
SUMMARY:
Copper River Meridian, Alaska
T. 20 N., R. 11 E.,
Tract A, that portion more particularly
described as (protracted)
Sec. 24.
Containing approximately 640 acres.
T. 20 N., R. 12 E.,
Tract A, those portions more particularly
described as (protracted)
Secs. 3, 4, and 5;
Secs. 7 to 10, inclusive;
Secs. 17, 18, and 19;
Sec. 30.
Containing approximately 6,880 acres.
Aggregating approximately 7,520 acres.
Notice of the decision will also be
published four times in the Fairbanks
Daily News-Miner.
DATES: The time limits for filing an
appeal are:
1. Any party claiming a property
interest which is adversely affected by
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2008–MRM–0033]
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–
0087).
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.
We changed the title to meet OMB
requirements. The previous title of this
information collection request (ICR) was
‘‘30 CFR part 227—Delegation to States;
30 CFR part 228—Cooperative Activities
with States and Indian Tribes; and 30
CFR part 229—Delegation to States.’’
The new title is ‘‘30 CFR parts 227, 228,
and 229, Delegated and Cooperative
Activities with States and Indian
Tribes.’’
Submit written comments on or
before December 26, 2008.
DATES:
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You may submit comments
by the following methods:
• Electronically go to https://
www.regulations.gov. In the ‘‘Comment
or Submission’’ column, enter ‘‘MMS–
2008–MRM–0033’’ 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 Armand
Southall, Regulatory Specialist,
Minerals Management Service, Minerals
Revenue Management, P.O. Box 25165,
MS 302B2, Denver, Colorado 80225.
Please reference ICR 1010–0087 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 St., Denver, Colorado
80225. Please reference ICR 1010–0087
in your comments.
FOR FURTHER INFORMATION CONTACT:
Armand Southall, telephone (303) 231–
3221, or e-mail
armand.southall@mms.gov. You may
also contact Mr. Southall 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.
ADDRESSES:
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SUPPLEMENTARY INFORMATION:
Title: 30 CFR Parts 227, 228, and 229,
Delegated and Cooperative Activities
with States and Indian Tribes.
OMB Control Number: 1010–0087.
Bureau Form Number: None.
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). Under the
Mineral Leasing Act of 1920 (30 U.S.C.
1923), the Indian Mineral Development
Act of 1982 (25 U.S.C. 2103), and the
Outer Continental Shelf Lands Act (OCS
Lands Act, 43 U.S.C. 1353), the
Secretary 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 also has a trust
responsibility to manage Indian lands
and seek advice and information from
Indian beneficiaries. The MMS performs
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the mineral revenue management
functions and assists the Secretary in
carrying out the Department’s trust
responsibility for Indian lands.
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.
Sections 202 and 205 of the Federal
Oil and Gas Royalty Management Act of
1982 (FOGRMA), as amended, authorize
the Secretary to develop delegated and
cooperative agreements with states and
Indian tribes to carry out certain
inspection, auditing, investigation, or
limited enforcement activities for leases
in their jurisdiction. The states and
Indian tribes are working partners and
are an integral part of the overall
onshore and offshore compliance effort.
Public laws pertaining to mineral
revenues are located on our Web site at
https://www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm.
Relevant parts of the Code of Federal
Regulations (CFR) include 30 CFR parts
227, 228, and 229, as described below:
Title 30 CFR Part 227—Delegation to
States, provides procedures to delegate
certain Federal minerals revenue
management functions to states for
Federal oil and gas leases. The
regulation also provides only audit and
investigation functions to states for
geothermal and solid mineral leases,
and leases subject to Section 8(g) of the
OCS Lands Act, within their state
boundaries.
Title 30 CFR Part 228—Cooperative
Activities with States and Indian Tribes,
provides procedures to utilize the
capabilities of the Indian tribes to carry
out audits and related investigations of
their respective leased lands.
Title 30 CFR Part 229—Delegation to
States, provides procedures to utilize
the capabilities of the states to carry out
audits and related investigations of
leased Indian lands within their
respective state boundaries, by
permission of the respective Indian
tribal councils or individual Indian
mineral owners.
Effective September 11, 1997, parts
228 and 229 do not apply to Federal
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lands, due to implementation of RSFA
amendments. The final rulemaking of
Delegation of Royalty Management
Functions to States was published on
August 12, 1997 (62 FR 43076), effective
September 11, 1997, and stated that
parts 228 and 229 do not apply to
Federal lands because delegation for
Federal lands is now covered under part
227.
Delegation to States and Cooperative
Activities With Indian Tribes
States
Under Section 205 of FOGRMA, as
amended by RSFA Section 3, the
Secretary is authorized to delegate to
states, all or part of authorities and
responsibilities of the Secretary, to
conduct inspections, audits,
investigations, and limited enforcement
activities for leases in their jurisdiction.
Eleven states currently have MMSapproved delegation agreements to
perform audits and investigations. The
states perform nearly all audits on
Federal leases within their boundaries
and receive 50 percent of the revenues
from those leases, although Alaska
receives 90 percent of the revenues from
Federal leases in that state.
To be considered for delegation under
30 CFR part 227, states must submit a
written delegation proposal to, and
receive approval from, the MMS
Associate Director for Minerals Revenue
Management (MRM). Delegation
agreements benefit both MMS and states
by ensuring that Federal royalty
payments are in compliance with
applicable laws, lease terms, and
regulations.
The MRM is held accountable to
certain measurements and standards
and must file reports to outside entities.
States choosing to participate in any
delegable function are held to these
same measurements and standards and,
therefore, must provide data to
document the work they are performing.
This information, provided to MMS in
the course of performing delegated
agreements, is the focus of this
information collection. States must
comply with Generally Accepted
Accounting Principles (GAAP) and
MMS standards, as required under 30
CFR 227.200, and also with the MMS
Audit Procedures Manual, as required
under 30 CFR 227.301.
Indian Tribes
Under FOGRMA Section 202,
Cooperative Agreements, as amended by
RSFA Section 9, the Secretary is
authorized to enter into cooperative
agreements with any state or Indian
tribe upon their written request; to share
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oil or gas revenue management
information; and to use the capabilities
of states and Indian tribes to carry out
inspection, auditing, investigation, or
limited enforcement activities for tribal
leases.
A state must receive written
permission from the respective Indian
tribes(s) or individual Indian mineral
owner(s) to carry out the above
functions.
Under 30 CFR part 228, no state has
proposed to enter into a cooperative
agreement to undertake activities on
Indian lands within its boundaries.
To be considered for a cooperative
agreement, Indian tribes must comply
with the regulations at 30 CFR part 228.
Indian tribes who want to perform
royalty audits, in cooperation with
MMS, must submit a written proposal to
enter into a cooperative agreement,
signed by the tribal chairman or other
appropriate official, to the MMS
Director. The request should outline the
activities to be undertaken and present
evidence that the Indian tribe(s) can
meet the standards established by the
Secretary for the activities to be
conducted. Prior to beginning work,
approval must be obtained from the
MMS Director. Currently, seven Indian
tribes have cooperative agreements to
perform audits and investigations.
When an Indian tribe performs any of
the cooperative activities under 30 CFR
part 228, the Indian tribe also assumes
the burden of providing various types of
information to MMS. After the request
is accepted and a cooperative agreement
is in effect, Indian tribes must submit an
annual work plan and budget, as well as
quarterly reimbursement vouchers.
They must follow GAAP and MMS
standards. The cooperative agreements
also require them to comply with the
MMS Audit Procedures Manual, and
Generally Accepted Government
Auditing Standards (GAGAS).
Cooperative activities benefit both
MMS and Indian tribes by ensuring that
royalty payments from Indian leases are
in compliance with applicable laws,
lease terms, and regulations. Indian
tribes currently manage audits for 91
percent of all tribal mineral royalties.
Under the Secretary’s delegation of
authority at 30 CFR part 229, a state may
conduct audits and related
investigations of oil and gas payments
made to MMS regarding leased Indian
lands within the state’s boundaries.
After the state receives approval of the
Secretary’s delegation of authority, it
must submit annual audit work plans
detailing its audits and related
investigations, annual budgets, and
quarterly reimbursement vouchers. The
state must maintain books and records
and provide a quarterly summary of
costs following Department standards,
as required under 30 CFR 229.109. In
addition, under 30 CFR part 229, no
state has proposed to undertake
delegated functions on Indian lands
within its boundaries.
Summary
This collection of information is
necessary in order for states and Indian
tribes to conduct audits and related
investigations of oil, gas, coal, any other
solid minerals, and geothermal royalty
revenues from Federal and tribal leased
lands.
The MMS protects proprietary
information submitted under this
collection. The MMS does not collect
items of a sensitive nature. A response
to engage in these programs is voluntary
and required to obtain the benefit of
entering into a cooperative agreement
with the Secretary.
Frequency of Response: Varies based
on the function performed.
Estimated Number and Description of
Respondents: 11 states and 7 Indian
tribes.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 6,178
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
30 CFR section
Reporting and recordkeeping requirements
Hour burden
per response
Number of
annual
responses
Annual
burden
hours
Part 227—Delegation to States
Delegation Proposals
227.103; 107; 109; 110(a–
b)(1); 110(c–d); 111(a–b);
805.
What must a State’s delegation proposal contain? ...............
If you want MMS to delegate royalty management functions
to you, then you must submit a delegation proposal to the
MMS Associate Director for Minerals Revenue Management. MMS will provide you with technical assistance and
information to help you prepare your delegation proposal.
200
1
200
15
11
165
4
84
336
Delegation Process
227.110(b)(2) ..........................
(b)(2) If you want to change the terms of your delegation
agreement for the renewal period, you must submit a new
delegation proposal under this part.
Existing Delegations
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Compensation
227.112(d–e) ...........................
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What compensation will a State receive to perform delegated functions?.
You will receive compensation for your costs to perform
each delegated function subject to the following conditions.
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR section
Reporting and recordkeeping requirements
Hour burden
per response
Number of
annual
responses
Annual
burden
hours
(d) At a minimum, you must provide vouchers detailing your
expenditures quarterly during the fiscal year. However,
you may agree to provide vouchers on a monthly basis in
your delegation agreement.a
States’ Responsibilities To Perform Delegated Functions
227.200(a), (b), (c), and (d);
112(e).
227.200(e); 801(a); 804 ..........
227.200(f); 401(e); 601(d) ......
227.200(g); 301(e) ..................
227.200(h) ...............................
227.400(a)(4) and (a)(6);
401(d); 501(c).
227.400(c) ...............................
227.601(c) ...............................
What are a State’s general responsibilities if it accepts a
delegation?.
For each delegated function you perform, you must: (a)
* * * seek information or guidance from MMS regarding
new, complex, or unique issues.
(b)(1) * * * Provide complete disclosure of financial results
of activities;
(2) Maintain correct and accurate records of all mineral-related transactions and accounts;
(3) Maintain effective controls and accountability;
(4) Maintain a system of accounts.
(5) Maintain adequate royalty and production information.
(c) Assist MMS in meeting the requirements of the Government Performance and Results Act (GPRA).
(d) Maintain all records you obtain or create under your delegated function, such as royalty reports, production reports, and other related information. * * * You must
maintain such records for at least 7 years.
(e) Provide reports to MMS about your activities under your
delegated functions * * * At a minimum, you must provide periodic statistical reports to MMS summarizing the
activities you carried out.b
(f) Assist MMS in maintaining adequate reference, royalty,
and production databases.
(g) Develop annual work plans ..............................................
(h) Help MMS respond to requests for information from
other Federal agencies, Congress, and the public.
What functions may a State perform in processing production reports or royalty reports?
Production reporters or royalty reporters provide production,
sales, and royalty information on mineral production from
leases that must be collected, analyzed, and corrected.
(a) If you request delegation of either production report or
royalty report processing functions, you must perform.
(4) Timely transmitting production report or royalty report
data to MMS and other affected Federal agencies.
(6) Providing production data or royalty data to MMS and
other affected Federal agencies.
(c) You must provide MMS with a copy of any exceptions
from reporting and payment requirements for marginal
properties and any alternative royalty and payment requirements for unit agreements and communitization
agreements you approve.
What are a State’s responsibilities if it performs automated
verification?.
To perform automated verification of production reports or
royalty reports, you must.
(c) Maintain all documentation and logging procedures.
200
11
2,200
3
44
132
1
250
250
60
8
11
10
660
80
1
250
250
1
12
12
8
11
88
........................
695
4,373
1
200
Performance Review
Subtotal Burden for 30
CFR Part 227.
.................................................................................................
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Part 228—Cooperative Activities With States and Indian Tribes
Subpart C—Oil and Gas, Onshore
228.100(a) and (b); 101(c);
107(b).
Entering into an agreement ....................................................
200
(a) * * * Indian tribe may request the Department to enter
into a cooperative agreement by sending a letter from
* * * tribal chairman * * * to the Director of MMS.
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR section
228.101(a) ...............................
228.101(d) ...............................
228.103(a) and (b) ..................
228.105(a)(1) and (a)(2) .........
228.105(c) ...............................
Subtotal Burden for 30
CFR Part 228.
Reporting and recordkeeping requirements
(b) The request for an agreement shall be in a format prescribed by MMS and should include at a minimum the following information:
(1) Type of eligible activities to be undertaken.
(2) Proposed term of the agreement.
(3) Evidence that * * * Indian tribe meets, or can meet by
the time the agreement is in effect.
(4) If the State is proposing to undertake activities on Indian
lands located within the State, a resolution from the appropriate tribal council indicating their agreement to delegate to the State responsibilities under the terms of the
cooperative agreement for activities to be conducted on
tribal or allotted land.
Terms of agreement ...............................................................
(a) Agreements entered into under this part shall be valid
for a period of 3 years and shall be renewable * * * upon
request of * * * Indian tribe.
(d) * * * Indian tribe will be given 60 days to respond to the
notice of deficiencies and to provide a plan for correction
of those deficiencies.
Maintenance of records ..........................................................
(a) * * * Indian tribe entering into a cooperative agreement
under this part must retain all records, reports, working
papers, and any backup materials.
(b) * * * Indian tribe shall maintain all books and records.
Funding of cooperative agreements ......................................
(a)(1) The Department may, under the terms of the cooperative agreement, reimburse * * * Indian tribe up to 100
percent of the costs of eligible activities. Eligible activities
will be agreed upon annually upon the submission and
approval of a work plan and funding requirement.
(2) A cooperative agreement may be entered into with * * *
Indian tribe, upon request, without a requirement for reimbursement of costs by the Department.
(c) * * * Indian tribe shall submit a voucher for reimbursement of eligible costs incurred within 30 days of the end
of each calendar quarter. * * * Indian tribe must provide
the Department a summary of costs incurred, for which
* * * Indian tribe is seeking reimbursement, with the
voucher.c
.................................................................................................
Hour burden
per response
Number of
annual
responses
Annual
burden
hours
15
7
105
80
1
80
120
7
840
60
7
420
4
36
144
........................
59
1789
1
1
1
1
1
1
Part 229—Delegation to States
Subpart C—Oil and Gas, Onshore
Administration of Delegations
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229.100(a)(1) and (a)(2) .........
229.101(a) and (d) ..................
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Authorities and responsibilities subject to delegation ............
(a) All or part of the following authorities and responsibilities
of the Secretary under the Act may be delegated to a
State authority:
(1) Conduct of audits related to oil and gas royalty payments made to the MMS which are attributable to leased
* * * Indian lands within the State. Delegations with respect to any Indian lands require the written permission,
subject to the review of the MMS, of the affected Indian
tribe or allottee.
(2) Conduct of investigation related to oil and gas royalty
payments made to the MMS which are attributable to
* * * Indian lands within the State. Delegation with respect to any Indian lands require the written permission,
subject to the review of the MMS, of the affected Indian
tribe or allottee. No investigation will be initiated without
the specific approval of the MMS.
Petition for delegation ............................................................
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR section
229.102(c) ...............................
229.103(c) ...............................
229.105 ...................................
229.106 ...................................
229.109(a) ...............................
229.109(b) ...............................
Reporting and recordkeeping requirements
Hour burden
per response
(a) The governor or other authorized official of any State
which contains * * * Indian oil and gas leases where the
Indian tribe and allottees have given the State an affirmative indication of their desire for the State to undertake
certain royalty management-related activities on their
lands, may petition the Secretary to assume responsibilities to conduct audits and related investigations of royalty
related matters affecting . . . Indian oil and gas leases
within the State.
(d) In the event that the Secretary denies the petition, the
Secretary must provide the State with the specific reasons for denial of the petition. The State will then have 60
days to either contest or correct specific deficiencies and
to reapply for a delegation of authority.
Fact-finding and hearings .......................................................
(c) A State petitioning for a delegation of authority shall be
given the opportunity to present testimony at a public
hearing.
Duration of delegations; termination of delegations ..............
(c) A State may terminate a delegation of authority by giving
a 120-day written notice of intent to terminate.
Evidence of Indian agreement to delegation .........................
In the case of a State seeking a delegation of authority for
Indian lands * * * the State petition to the Secretary must
be supported by an appropriate resolution or resolutions
of tribal councils joining the State in petitioning for delegation and evidence of the agreement of individual Indian
allottees whose lands would be involved in a delegation.
Such evidence shall specifically speak to having the State
assume delegated responsibility for specific functions related to royalty management activities.
Withdrawal of Indian lands from delegated authority ............
If at any time an Indian tribe or an individual Indian allottee
determines that it wishes to withdraw from the State delegation of authority in relation to its lands, it may do so by
sending a petition of withdrawal to the State.
Reimbursement for costs incurred by a State under the delegation of authority.
(a) The Department of the Interior (DOI) shall reimburse the
State for 100 percent of the direct cost associated with
the activities undertaken under the delegation of authority.
The State shall maintain books and records in accordance with the standards established by the DOI and will
provide the DOI, on a quarterly basis, a summary of costs
incurred.
(b) The State shall submit a voucher for reimbursement of
costs incurred within 30 days of the end of each calendar
quarter.
Number of
annual
responses
Annual
burden
hours
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Delegation Requirements
229.120 ...................................
mstockstill on PROD1PC66 with NOTICES
229.121(a), (b), (c), and (d) ....
VerDate Aug<31>2005
18:08 Oct 24, 2008
Obtaining regulatory and policy guidance ..............................
All activities performed by a State under a delegation must
be in full accord with all Federal laws, rules and regulations, and Secretarial and agency determinations and orders relating to the calculation, reporting, and payment of
oil and gas royalties. In those cases when guidance or interpretations are necessary, the State will direct written
requests for such guidance or interpretation to the appropriate MMS officials.
Recordkeeping requirements .................................................
(a) The State shall maintain in a safe and secure manner all
records, workpapers, reports, and correspondence gained
or developed as a consequence of audit or investigative
activities conducted under the delegation.
(b) The State must maintain in a confidential manner all
data obtained from DOI sources or from payor or company sources under the delegation.
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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR section
229.122(a), (b), and (c) ..........
229.123 (b)(3)(i) ......................
229.124 ...................................
229.125(a) and (b) ..................
229.126(a) and (b) ..................
mstockstill on PROD1PC66 with NOTICES
229.127 ...................................
Subtotal Burden for 30
CFR Part 229.
VerDate Aug<31>2005
18:08 Oct 24, 2008
Reporting and recordkeeping requirements
Hour burden
per response
(c) All records subject to the requirements of paragraph (a)
must be maintained for a 6-year period measured from
the end of the calendar year in which the records were
created * * * Upon termination of a delegation, the State
shall, within 90 days from the date of termination, assemble all records specified in subsection (a), complete all
working paper files in accordance with § 229.124, and
transfer such records to the MMS.
(d) The State shall maintain complete cost records for the
delegation in accordance with generally accepted accounting principles.
Coordination of audit activities ...............................................
(a) Each State with a delegation of authority shall submit
annually to the MMS an audit workplan specifically identifying leases, resources, companies, and payors scheduled for audit * * * A State may request changes to its
workplan * * * at the end of each quarter of each fiscal
year. All requested changes are subject to approval by
the MMS and must be submitted in writing.
(b) When a State plans to audit leases of a lessee or royalty payor for which there is an MMS or OIG resident
audit team, all audit activities must be coordinated
through the MMS or OIG resident supervisor.
(c) The State shall consult with the MMS and/or OIG regarding resolution of any coordination problems encountered during the conduct of delegation activities.
Standards for audit activities ..................................................
(b)(3) Standards of reporting. (i) Written audit reports are to
be submitted to the appropriate MMS officials at the end
of each field examination.
Documentation standards ......................................................
Every audit performed by a State under a delegation of authority must meet certain documentation standards. In
particular, detailed workpapers must be developed and
maintained.
Preparation and issuance of enforcement documents ..........
(a) Determinations of additional royalties due resulting from
audit activities conducted under a delegation of authority
must be formally communicated by the State, to the companies or other payors by an issue letter prior to any enforcement action.
(b) After evaluating the company or payor’s response to the
issue letter, the State shall draft a demand letter which
will be submitted with supporting workpaper files to the
MMS for appropriate enforcement action. Any substantive
revisions to the demand letter will be discussed with the
State prior to issuance of the letter.
Appeals ...................................................................................
(a) * * * The State regulatory authority shall, upon the request of the MMS, provide competent and knowledgeable
staff for testimony, as well as any required documentation
and analyses, in support of the lessor’s position during
the appeal process.
(b) An affected State, upon the request of the MMS, shall
provide expert witnesses from their audit staff for testimony as well as required documentation and analyses to
support the Department’s position during the litigation of
court cases arising from denied appeals.
Reports from States ...............................................................
The State, acting under the authority of the Secretarial delegation, shall submit quarterly reports which will summarize activities carried out by the State during the preceding quarter of the year under the provisions of the delegation.
.................................................................................................
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Number of
annual
responses
Annual
burden
hours
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
........................
16
16
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63730
Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Reporting and recordkeeping requirements
Hour burden
per response
.................................................................................................
Total Burden .............
Number of
annual
responses
........................
30 CFR section
Annual
burden
hours
770
6,178
5 states × 12 monthly vouchers = 60 and 6 states × 4 quarterly vouchers = 24.
b Note: 4 quarterly reports × 11 states = 44.
c Note: 1 tribe × 12 monthly vouchers = 12 and 6 tribes × 4 quarterly vouchers = 24.
mstockstill on PROD1PC66 with NOTICES
a Note:
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
60-day notice in the Federal Register
* * * 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
VerDate Aug<31>2005
18:08 Oct 24, 2008
Jkt 217001
record storage facilities. Generally, your
estimates should not include equipment
or services purchased: (i) Before October
1, 1995; (ii) to comply with
requirements not associated with the
information collection; (iii) for reasons
other than to provide information or
keep records for the Government; or (iv)
as part of customary and usual business
or private practices.
We will summarize written responses
to this notice and address them in our
ICR submission for OMB approval,
including appropriate adjustments to
the estimated burden. We will provide
a copy of the ICR to you without charge
upon request. The ICR also will be
posted at https://www.mrm.mms.gov/
Laws_R_D/FRNotices/FRInfColl.htm.
Public Comment Policy: We will post
all comments in response to this notice
on our Web site at https://
www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm. We 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: October 9, 2008.
Gregory J. Gould,
Associate Director for Minerals Revenue
Management.
[FR Doc. E8–25582 Filed 10–24–08; 8:45 am]
BILLING CODE 4310–MR–P
PO 00000
DEPARTMENT OF THE INTERIOR
National Park Service
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
Nominations for the following
properties being considered for listing
or related actions in the National
Register were received by the National
Park Service before October 11, 2008.
Pursuant to section 60.13 of 36 CFR
Part 60 written comments concerning
the significance of these properties
under the National Register criteria for
evaluation may be forwarded by United
States Postal Service, to the National
Register of Historic Places, National
Park Service, 1849 C St., NW., 2280,
Washington, DC 20240; by all other
carriers, National Register of Historic
Places, National Park Service, 1201 Eye
St., NW., 8th floor, Washington, DC
20005; or by fax, 202–371–6447. Written
or faxed comments should be submitted
by November 12, 2008.
J. Paul Loether,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
DISTRICT OF COLUMBIA
District of Columbia
Engine House No. 10, (Firehouses in
Washington DC MPS) 1341 Maryland Ave.,
NE., Washington, DC, 08001063
Nathaniel Parker Gage School, (Public School
Buildings of Washington, DC MPS) 2035
2nd St., NW., Washington, DC, 08001064
HAWAII
Maui County
Ka’ahumanu Avenue—Naniloa Drive
Overpass, Naniloa Dr. at Ka’ahumanu Ave.,
Wailuku, 08001065
KANSAS
Ellis County
St. Joseph’s Church and Parochial School,
210 W. 13th and 217 W. 13th, Hays,
08001066
Reno County
Ranson Hotel, 4918 E. Main, Medora,
08001067
Riley County
First Congregational Church, 700 Poyntz
Ave., Manhattan, 08001068
Frm 00058
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]]>Agencies
[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Notices]
[Pages 63723-63730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25582]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS-2008-MRM-0033]
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 1010-0087).
-----------------------------------------------------------------------
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. We changed the title to meet OMB requirements. The previous
title of this information collection request (ICR) was ``30 CFR part
227--Delegation to States; 30 CFR part 228--Cooperative Activities with
States and Indian Tribes; and 30 CFR part 229--Delegation to States.''
The new title is ``30 CFR parts 227, 228, and 229, Delegated and
Cooperative Activities with States and Indian Tribes.''
DATES: Submit written comments on or before December 26, 2008.
[[Page 63724]]
ADDRESSES: You may submit comments by the following methods:
Electronically go to https://www.regulations.gov. In the
``Comment or Submission'' column, enter ``MMS-2008-MRM-0033'' 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 Armand Southall, Regulatory Specialist,
Minerals Management Service, Minerals Revenue Management, P.O. Box
25165, MS 302B2, Denver, Colorado 80225. Please reference ICR 1010-0087
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 St., Denver, Colorado 80225. Please reference
ICR 1010-0087 in your comments.
FOR FURTHER INFORMATION CONTACT: Armand Southall, telephone (303) 231-
3221, or e-mail armand.southall@mms.gov. You may also contact Mr.
Southall 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 Parts 227, 228, and 229, Delegated and Cooperative
Activities with States and Indian Tribes.
OMB Control Number: 1010-0087.
Bureau Form Number: None.
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). Under the Mineral Leasing
Act of 1920 (30 U.S.C. 1923), the Indian Mineral Development Act of
1982 (25 U.S.C. 2103), and the Outer Continental Shelf Lands Act (OCS
Lands Act, 43 U.S.C. 1353), the Secretary 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 also 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.
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.
Sections 202 and 205 of the Federal Oil and Gas Royalty Management
Act of 1982 (FOGRMA), as amended, authorize the Secretary to develop
delegated and cooperative agreements with states and Indian tribes to
carry out certain inspection, auditing, investigation, or limited
enforcement activities for leases in their jurisdiction. The states and
Indian tribes are working partners and are an integral part of the
overall onshore and offshore compliance effort.
Public laws pertaining to mineral revenues are located on our Web
site at https://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm.
Relevant parts of the Code of Federal Regulations (CFR) include 30
CFR parts 227, 228, and 229, as described below:
Title 30 CFR Part 227--Delegation to States, provides procedures to
delegate certain Federal minerals revenue management functions to
states for Federal oil and gas leases. The regulation also provides
only audit and investigation functions to states for geothermal and
solid mineral leases, and leases subject to Section 8(g) of the OCS
Lands Act, within their state boundaries.
Title 30 CFR Part 228--Cooperative Activities with States and
Indian Tribes, provides procedures to utilize the capabilities of the
Indian tribes to carry out audits and related investigations of their
respective leased lands.
Title 30 CFR Part 229--Delegation to States, provides procedures to
utilize the capabilities of the states to carry out audits and related
investigations of leased Indian lands within their respective state
boundaries, by permission of the respective Indian tribal councils or
individual Indian mineral owners.
Effective September 11, 1997, parts 228 and 229 do not apply to
Federal lands, due to implementation of RSFA amendments. The final
rulemaking of Delegation of Royalty Management Functions to States was
published on August 12, 1997 (62 FR 43076), effective September 11,
1997, and stated that parts 228 and 229 do not apply to Federal lands
because delegation for Federal lands is now covered under part 227.
Delegation to States and Cooperative Activities With Indian Tribes
States
Under Section 205 of FOGRMA, as amended by RSFA Section 3, the
Secretary is authorized to delegate to states, all or part of
authorities and responsibilities of the Secretary, to conduct
inspections, audits, investigations, and limited enforcement activities
for leases in their jurisdiction.
Eleven states currently have MMS-approved delegation agreements to
perform audits and investigations. The states perform nearly all audits
on Federal leases within their boundaries and receive 50 percent of the
revenues from those leases, although Alaska receives 90 percent of the
revenues from Federal leases in that state.
To be considered for delegation under 30 CFR part 227, states must
submit a written delegation proposal to, and receive approval from, the
MMS Associate Director for Minerals Revenue Management (MRM).
Delegation agreements benefit both MMS and states by ensuring that
Federal royalty payments are in compliance with applicable laws, lease
terms, and regulations.
The MRM is held accountable to certain measurements and standards
and must file reports to outside entities. States choosing to
participate in any delegable function are held to these same
measurements and standards and, therefore, must provide data to
document the work they are performing. This information, provided to
MMS in the course of performing delegated agreements, is the focus of
this information collection. States must comply with Generally Accepted
Accounting Principles (GAAP) and MMS standards, as required under 30
CFR 227.200, and also with the MMS Audit Procedures Manual, as required
under 30 CFR 227.301.
Indian Tribes
Under FOGRMA Section 202, Cooperative Agreements, as amended by
RSFA Section 9, the Secretary is authorized to enter into cooperative
agreements with any state or Indian tribe upon their written request;
to share
[[Page 63725]]
oil or gas revenue management information; and to use the capabilities
of states and Indian tribes to carry out inspection, auditing,
investigation, or limited enforcement activities for tribal leases.
A state must receive written permission from the respective Indian
tribes(s) or individual Indian mineral owner(s) to carry out the above
functions.
Under 30 CFR part 228, no state has proposed to enter into a
cooperative agreement to undertake activities on Indian lands within
its boundaries.
To be considered for a cooperative agreement, Indian tribes must
comply with the regulations at 30 CFR part 228. Indian tribes who want
to perform royalty audits, in cooperation with MMS, must submit a
written proposal to enter into a cooperative agreement, signed by the
tribal chairman or other appropriate official, to the MMS Director. The
request should outline the activities to be undertaken and present
evidence that the Indian tribe(s) can meet the standards established by
the Secretary for the activities to be conducted. Prior to beginning
work, approval must be obtained from the MMS Director. Currently, seven
Indian tribes have cooperative agreements to perform audits and
investigations.
When an Indian tribe performs any of the cooperative activities
under 30 CFR part 228, the Indian tribe also assumes the burden of
providing various types of information to MMS. After the request is
accepted and a cooperative agreement is in effect, Indian tribes must
submit an annual work plan and budget, as well as quarterly
reimbursement vouchers. They must follow GAAP and MMS standards. The
cooperative agreements also require them to comply with the MMS Audit
Procedures Manual, and Generally Accepted Government Auditing Standards
(GAGAS).
Cooperative activities benefit both MMS and Indian tribes by
ensuring that royalty payments from Indian leases are in compliance
with applicable laws, lease terms, and regulations. Indian tribes
currently manage audits for 91 percent of all tribal mineral royalties.
Under the Secretary's delegation of authority at 30 CFR part 229, a
state may conduct audits and related investigations of oil and gas
payments made to MMS regarding leased Indian lands within the state's
boundaries. After the state receives approval of the Secretary's
delegation of authority, it must submit annual audit work plans
detailing its audits and related investigations, annual budgets, and
quarterly reimbursement vouchers. The state must maintain books and
records and provide a quarterly summary of costs following Department
standards, as required under 30 CFR 229.109. In addition, under 30 CFR
part 229, no state has proposed to undertake delegated functions on
Indian lands within its boundaries.
Summary
This collection of information is necessary in order for states and
Indian tribes to conduct audits and related investigations of oil, gas,
coal, any other solid minerals, and geothermal royalty revenues from
Federal and tribal leased lands.
The MMS protects proprietary information submitted under this
collection. The MMS does not collect items of a sensitive nature. A
response to engage in these programs is voluntary and required to
obtain the benefit of entering into a cooperative agreement with the
Secretary.
Frequency of Response: Varies based on the function performed.
Estimated Number and Description of Respondents: 11 states and 7
Indian tribes.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 6,178
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
----------------------------------------------------------------------------------------------------------------
Number of
30 CFR section Reporting and recordkeeping Hour burden annual Annual burden
requirements per response responses hours
----------------------------------------------------------------------------------------------------------------
Part 227--Delegation to States
----------------------------------------------------------------------------------------------------------------
Delegation Proposals
----------------------------------------------------------------------------------------------------------------
227.103; 107; 109; 110(a-b)(1); What must a State's 200 1 200
110(c-d); 111(a-b); 805. delegation proposal
contain?.
If you want MMS to delegate
royalty management
functions to you, then you
must submit a delegation
proposal to the MMS
Associate Director for
Minerals Revenue
Management. MMS will
provide you with technical
assistance and information
to help you prepare your
delegation proposal.
----------------------------------------------------------------------------------------------------------------
Delegation Process
----------------------------------------------------------------------------------------------------------------
227.110(b)(2)...................... (b)(2) If you want to 15 11 165
change the terms of your
delegation agreement for
the renewal period, you
must submit a new
delegation proposal under
this part.
----------------------------------------------------------------------------------------------------------------
Existing Delegations
----------------------------------------------------------------------------------------------------------------
Compensation
----------------------------------------------------------------------------------------------------------------
227.112(d-e)....................... What compensation will a 4 84 336
State receive to perform
delegated functions?.
You will receive
compensation for your
costs to perform each
delegated function subject
to the following
conditions.
[[Page 63726]]
(d) At a minimum, you must
provide vouchers detailing
your expenditures
quarterly during the
fiscal year. However, you
may agree to provide
vouchers on a monthly
basis in your delegation
agreement.\a\
----------------------------------------------------------------------------------------------------------------
States' Responsibilities To Perform Delegated Functions
----------------------------------------------------------------------------------------------------------------
227.200(a), (b), (c), and (d); What are a State's general 200 11 2,200
112(e). responsibilities if it
accepts a delegation?.
For each delegated function
you perform, you must: (a)
* * * seek information or
guidance from MMS
regarding new, complex, or
unique issues.
(b)(1) * * * Provide
complete disclosure of
financial results of
activities;
(2) Maintain correct and
accurate records of all
mineral-related
transactions and accounts;
(3) Maintain effective
controls and
accountability;
(4) Maintain a system of
accounts.
(5) Maintain adequate
royalty and production
information.
(c) Assist MMS in meeting
the requirements of the
Government Performance and
Results Act (GPRA).
(d) Maintain all records
you obtain or create under
your delegated function,
such as royalty reports,
production reports, and
other related information.
* * * You must maintain
such records for at least
7 years.
227.200(e); 801(a); 804............ (e) Provide reports to MMS 3 44 132
about your activities
under your delegated
functions * * * At a
minimum, you must provide
periodic statistical
reports to MMS summarizing
the activities you carried
out.\b\
227.200(f); 401(e); 601(d)......... (f) Assist MMS in 1 250 250
maintaining adequate
reference, royalty, and
production databases.
227.200(g); 301(e)................. (g) Develop annual work 60 11 660
plans.
227.200(h)......................... (h) Help MMS respond to 8 10 80
requests for information
from other Federal
agencies, Congress, and
the public.
227.400(a)(4) and (a)(6); 401(d); What functions may a State 1 250 250
501(c). perform in processing
production reports or
royalty reports?
Production reporters or
royalty reporters provide
production, sales, and
royalty information on
mineral production from
leases that must be
collected, analyzed, and
corrected.
(a) If you request
delegation of either
production report or
royalty report processing
functions, you must
perform.
(4) Timely transmitting
production report or
royalty report data to MMS
and other affected Federal
agencies.
(6) Providing production
data or royalty data to
MMS and other affected
Federal agencies.
227.400(c)......................... (c) You must provide MMS 1 12 12
with a copy of any
exceptions from reporting
and payment requirements
for marginal properties
and any alternative
royalty and payment
requirements for unit
agreements and
communitization agreements
you approve.
227.601(c)......................... What are a State's 8 11 88
responsibilities if it
performs automated
verification?.
To perform automated
verification of production
reports or royalty
reports, you must.
(c) Maintain all
documentation and logging
procedures.
----------------------------------------------------------------------------------------------------------------
Performance Review
----------------------------------------------------------------------------------------------------------------
Subtotal Burden for 30 CFR Part ........................... .............. 695 4,373
227.
----------------------------------------------------------------------------------------------------------------
Part 228--Cooperative Activities With States and Indian Tribes
----------------------------------------------------------------------------------------------------------------
Subpart C--Oil and Gas, Onshore
----------------------------------------------------------------------------------------------------------------
228.100(a) and (b); 101(c); 107(b) Entering into an agreement. 200 1 200
(a) * * * Indian tribe may
request the Department to
enter into a cooperative
agreement by sending a
letter from * * * tribal
chairman * * * to the
Director of MMS.
[[Page 63727]]
(b) The request for an
agreement shall be in a
format prescribed by MMS
and should include at a
minimum the following
information:
(1) Type of eligible
activities to be
undertaken.
(2) Proposed term of the
agreement.
(3) Evidence that * * *
Indian tribe meets, or can
meet by the time the
agreement is in effect.
(4) If the State is
proposing to undertake
activities on Indian lands
located within the State,
a resolution from the
appropriate tribal council
indicating their agreement
to delegate to the State
responsibilities under the
terms of the cooperative
agreement for activities
to be conducted on tribal
or allotted land.
228.101(a)......................... Terms of agreement......... 15 7 105
(a) Agreements entered into
under this part shall be
valid for a period of 3
years and shall be
renewable * * * upon
request of * * * Indian
tribe.
228.101(d)......................... (d) * * * Indian tribe will 80 1 80
be given 60 days to
respond to the notice of
deficiencies and to
provide a plan for
correction of those
deficiencies.
228.103(a) and (b)................. Maintenance of records..... 120 7 840
(a) * * * Indian tribe
entering into a
cooperative agreement
under this part must
retain all records,
reports, working papers,
and any backup materials.
(b) * * * Indian tribe
shall maintain all books
and records.
228.105(a)(1) and (a)(2)........... Funding of cooperative 60 7 420
agreements.
(a)(1) The Department may,
under the terms of the
cooperative agreement,
reimburse * * * Indian
tribe up to 100 percent of
the costs of eligible
activities. Eligible
activities will be agreed
upon annually upon the
submission and approval of
a work plan and funding
requirement.
(2) A cooperative agreement
may be entered into with *
* * Indian tribe, upon
request, without a
requirement for
reimbursement of costs by
the Department.
228.105(c)......................... (c) * * * Indian tribe 4 36 144
shall submit a voucher for
reimbursement of eligible
costs incurred within 30
days of the end of each
calendar quarter. * * *
Indian tribe must provide
the Department a summary
of costs incurred, for
which * * * Indian tribe
is seeking reimbursement,
with the voucher.\c\
----------------------------------------------------------------------------------------------------------------
Subtotal Burden for 30 CFR Part ........................... .............. 59 1789
228.
----------------------------------------------------------------------------------------------------------------
Part 229--Delegation to States
----------------------------------------------------------------------------------------------------------------
Subpart C--Oil and Gas, Onshore
----------------------------------------------------------------------------------------------------------------
Administration of Delegations
----------------------------------------------------------------------------------------------------------------
229.100(a)(1) and (a)(2)........... Authorities and 1 1 1
responsibilities subject
to delegation.
(a) All or part of the
following authorities and
responsibilities of the
Secretary under the Act
may be delegated to a
State authority:
(1) Conduct of audits
related to oil and gas
royalty payments made to
the MMS which are
attributable to leased * *
* Indian lands within the
State. Delegations with
respect to any Indian
lands require the written
permission, subject to the
review of the MMS, of the
affected Indian tribe or
allottee.
(2) Conduct of
investigation related to
oil and gas royalty
payments made to the MMS
which are attributable to
* * * Indian lands within
the State. Delegation with
respect to any Indian
lands require the written
permission, subject to the
review of the MMS, of the
affected Indian tribe or
allottee. No investigation
will be initiated without
the specific approval of
the MMS.
229.101(a) and (d)................. Petition for delegation.... 1 1 1
[[Page 63728]]
(a) The governor or other
authorized official of any
State which contains * * *
Indian oil and gas leases
where the Indian tribe and
allottees have given the
State an affirmative
indication of their desire
for the State to undertake
certain royalty management-
related activities on
their lands, may petition
the Secretary to assume
responsibilities to
conduct audits and related
investigations of royalty
related matters affecting
. . . Indian oil and gas
leases within the State.
(d) In the event that the
Secretary denies the
petition, the Secretary
must provide the State
with the specific reasons
for denial of the
petition. The State will
then have 60 days to
either contest or correct
specific deficiencies and
to reapply for a
delegation of authority.
229.102(c)......................... Fact-finding and hearings.. 1 1 1
(c) A State petitioning for
a delegation of authority
shall be given the
opportunity to present
testimony at a public
hearing.
229.103(c)......................... Duration of delegations; 1 1 1
termination of delegations.
(c) A State may terminate a
delegation of authority by
giving a 120-day written
notice of intent to
terminate.
229.105............................ Evidence of Indian 1 1 1
agreement to delegation.
In the case of a State
seeking a delegation of
authority for Indian lands
* * * the State petition
to the Secretary must be
supported by an
appropriate resolution or
resolutions of tribal
councils joining the State
in petitioning for
delegation and evidence of
the agreement of
individual Indian
allottees whose lands
would be involved in a
delegation. Such evidence
shall specifically speak
to having the State assume
delegated responsibility
for specific functions
related to royalty
management activities.
229.106............................ Withdrawal of Indian lands 1 1 1
from delegated authority.
If at any time an Indian
tribe or an individual
Indian allottee determines
that it wishes to withdraw
from the State delegation
of authority in relation
to its lands, it may do so
by sending a petition of
withdrawal to the State.
229.109(a)......................... Reimbursement for costs 1 1 1
incurred by a State under
the delegation of
authority.
(a) The Department of the
Interior (DOI) shall
reimburse the State for
100 percent of the direct
cost associated with the
activities undertaken
under the delegation of
authority. The State shall
maintain books and records
in accordance with the
standards established by
the DOI and will provide
the DOI, on a quarterly
basis, a summary of costs
incurred.
229.109(b)......................... (b) The State shall submit 1 1 1
a voucher for
reimbursement of costs
incurred within 30 days of
the end of each calendar
quarter.
----------------------------------------------------------------------------------------------------------------
Delegation Requirements
----------------------------------------------------------------------------------------------------------------
229.120............................ Obtaining regulatory and 1 1 1
policy guidance.
All activities performed by
a State under a delegation
must be in full accord
with all Federal laws,
rules and regulations, and
Secretarial and agency
determinations and orders
relating to the
calculation, reporting,
and payment of oil and gas
royalties. In those cases
when guidance or
interpretations are
necessary, the State will
direct written requests
for such guidance or
interpretation to the
appropriate MMS officials.
229.121(a), (b), (c), and (d)...... Recordkeeping requirements. 1 1 1
(a) The State shall
maintain in a safe and
secure manner all records,
workpapers, reports, and
correspondence gained or
developed as a consequence
of audit or investigative
activities conducted under
the delegation.
(b) The State must maintain
in a confidential manner
all data obtained from DOI
sources or from payor or
company sources under the
delegation.
[[Page 63729]]
(c) All records subject to
the requirements of
paragraph (a) must be
maintained for a 6-year
period measured from the
end of the calendar year
in which the records were
created * * * Upon
termination of a
delegation, the State
shall, within 90 days from
the date of termination,
assemble all records
specified in subsection
(a), complete all working
paper files in accordance
with Sec. 229.124, and
transfer such records to
the MMS.
(d) The State shall
maintain complete cost
records for the delegation
in accordance with
generally accepted
accounting principles.
229.122(a), (b), and (c)........... Coordination of audit 1 1 1
activities.
(a) Each State with a
delegation of authority
shall submit annually to
the MMS an audit workplan
specifically identifying
leases, resources,
companies, and payors
scheduled for audit * * *
A State may request
changes to its workplan *
* * at the end of each
quarter of each fiscal
year. All requested
changes are subject to
approval by the MMS and
must be submitted in
writing.
(b) When a State plans to
audit leases of a lessee
or royalty payor for which
there is an MMS or OIG
resident audit team, all
audit activities must be
coordinated through the
MMS or OIG resident
supervisor.
(c) The State shall consult
with the MMS and/or OIG
regarding resolution of
any coordination problems
encountered during the
conduct of delegation
activities.
229.123 (b)(3)(i).................. Standards for audit 1 1 1
activities.
(b)(3) Standards of
reporting. (i) Written
audit reports are to be
submitted to the
appropriate MMS officials
at the end of each field
examination.
229.124............................ Documentation standards.... 1 1 1
Every audit performed by a
State under a delegation
of authority must meet
certain documentation
standards. In particular,
detailed workpapers must
be developed and
maintained.
229.125(a) and (b)................. Preparation and issuance of 1 1 1
enforcement documents.
(a) Determinations of
additional royalties due
resulting from audit
activities conducted under
a delegation of authority
must be formally
communicated by the State,
to the companies or other
payors by an issue letter
prior to any enforcement
action.
(b) After evaluating the
company or payor's
response to the issue
letter, the State shall
draft a demand letter
which will be submitted
with supporting workpaper
files to the MMS for
appropriate enforcement
action. Any substantive
revisions to the demand
letter will be discussed
with the State prior to
issuance of the letter.
229.126(a) and (b)................. Appeals.................... 1 1 1
(a) * * * The State
regulatory authority
shall, upon the request of
the MMS, provide competent
and knowledgeable staff
for testimony, as well as
any required documentation
and analyses, in support
of the lessor's position
during the appeal process.
(b) An affected State, upon
the request of the MMS,
shall provide expert
witnesses from their audit
staff for testimony as
well as required
documentation and analyses
to support the
Department's position
during the litigation of
court cases arising from
denied appeals.
229.127............................ Reports from States........ 1 1 1
The State, acting under the
authority of the
Secretarial delegation,
shall submit quarterly
reports which will
summarize activities
carried out by the State
during the preceding
quarter of the year under
the provisions of the
delegation.
----------------------------------------------------------------------------------------------------------------
Subtotal Burden for 30 CFR Part ........................... .............. 16 16
229.
-----------------------------------------------
[[Page 63730]]
Total Burden............... ........................... .............. 770 6,178
----------------------------------------------------------------------------------------------------------------
\a\ Note: 5 states x 12 monthly vouchers = 60 and 6 states x 4 quarterly vouchers = 24.
\b\ Note: 4 quarterly reports x 11 states = 44.
\c\ Note: 1 tribe x 12 monthly vouchers = 12 and 6 tribes x 4 quarterly vouchers = 24.
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 60-day notice in
the Federal Register * * * 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
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 at
https://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm.
Public Comment Policy: We will post all comments in response to
this notice on our Web site at https://www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm. We 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: October 9, 2008.
Gregory J. Gould,
Associate Director for Minerals Revenue Management.
[FR Doc. E8-25582 Filed 10-24-08; 8:45 am]
BILLING CODE 4310-MR-P
