Agency Information Collection Activities: Proposed Collection, Comment Request, 63723-63730 [E8-25582]

Download as PDF Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices Public Availability of Documents In addition to the methods in you can view or obtain documents at the following location: • Our Web site: http://www.fws.gov/ southwest/refuges/Plan/docs/ 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 mstockstill on PROD1PC66 with NOTICES 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 VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 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 PO 00000 63723 Frm 00051 Fmt 4703 Sfmt 4703 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: E:\FR\FM\27OCN1.SGM 27OCN1 63724 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices You may submit comments by the following methods: • Electronically go to http:// 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: mstockstill on PROD1PC66 with NOTICES 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 VerDate Aug<31>2005 17:13 Oct 24, 2008 Jkt 217001 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 http://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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 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 E:\FR\FM\27OCN1.SGM 27OCN1 63725 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices 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 mstockstill on PROD1PC66 with NOTICES Compensation 227.112(d–e) ........................... VerDate Aug<31>2005 18:08 Oct 24, 2008 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. Jkt 217001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1 63726 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices 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. ................................................................................................. mstockstill on PROD1PC66 with NOTICES 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. VerDate Aug<31>2005 18:08 Oct 24, 2008 Jkt 217001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1 63727 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices 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 mstockstill on PROD1PC66 with NOTICES 229.100(a)(1) and (a)(2) ......... 229.101(a) and (d) .................. VerDate Aug<31>2005 18:08 Oct 24, 2008 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 ............................................................ Jkt 217001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1 63728 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices 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. Jkt 217001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1 63729 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. ................................................................................................. Jkt 217001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 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 E:\FR\FM\27OCN1.SGM 27OCN1 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 http://www.mrm.mms.gov/ Laws_R_D/FRNotices/FRInfColl.htm. Public Comment Policy: We will post all comments in response to this notice on our Web site at http:// www.mrm.mms.gov/Laws_R_D/ 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 Fmt 4703 Sfmt 4703 E:\FR\FM\27OCN1.SGM 27OCN1

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 http://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 http://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 
http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm.
    Public Comment Policy: We will post all comments in response to 
this notice on our Web site at http://www.mrm.mms.gov/Laws_R_D/
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