Agency Information Collection Activities: Submitted for Office of Management and Budget Review; Comment Request, 27167-27173 [E9-13247]

Download as PDF 27167 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices Estimated Number and Description of Respondents: Approximately 130 Federal OCS oil and or gas operators/ lessees. Estimated Reporting and Recordkeeping Hour Burden: The currently approved annual reporting burden for this collection is 84 hours. The following chart details the individual components and respective hour burden estimates of this ICR. In calculating the burdens, we assumed that respondents perform certain requirements in the normal course of their activities. We consider these to be usual and customary and took that into account in estimating the burden. Hour burden NTL Requirement Non-Hour cost burdens cprice-sewell on PRODPC61 with NOTICES Purchase and installation of tracking/locator devices—one time purchase for each existing MODU .................................... Purchase and installation of tracking/locator devices—(these are for future new MODUs or repair/replacement devices due to normal wear and tear). Notify MMS with tracking/locator data access (one-time burden for initial submission) ........................................................ Notify MMS with tracking/locator data access (these are future submissions after initial purchase and notification in subsequent years). Notify Hurricane Response Team as soon as you know a rig has moved off location ......................................................... Estimated Reporting and Recordkeeping Non-Hour Cost Burden: We have identified two non-hour paperwork cost burdens for this collection, see the burden table. Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond. Comments: Before submitting an ICR to OMB, PRA section 3506(c)(2)(A) requires each agency ‘‘* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *’’. Agencies must specifically solicit comments to: (a) Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful; (b) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) enhance the quality, usefulness, and clarity of the information to be collected; and (d) minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. Agencies must also estimate the nonhour paperwork cost burdens to respondents or recordkeepers resulting from the collection of information. Therefore, if you have costs to generate, maintain, and disclose this information, you 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 VerDate Nov<24>2008 15:15 Jun 05, 2009 Jkt 217001 life of capital equipment, discount rate(s), and the period over which you incur costs. Capital and startup costs include, among other items, computers and software you purchase to prepare for collecting information, monitoring, and record storage facilities. You should not include estimates for equipment or services purchased: (i) Before October 1, 1995; (ii) to comply with requirements not associated with the information collection; (iii) for reasons other than to provide information or keep records for the Government; or (iv) as part of customary and usual business or private practices. We will summarize written responses to this notice and address them in our submission for OMB approval. As a result of your comments, we will make any necessary adjustments to the burden in our submission to OMB. Public Comment Procedures: Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment–including your personal identifying information–may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. MMS Information Collection Clearance Officer: Arlene Bajusz (202) 208–7744. Dated: May 28, 2009. William S. Hauser, Acting Chief, Office of Offshore Regulatory Programs. [FR Doc. E9–13246 Filed 6–5–09; 8:45 am] BILLING CODE 4310–MR–P PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 $5,000 per device. $5,000 per device. 15 minutes. 15 minutes. 10 minutes. DEPARTMENT OF THE INTERIOR Minerals Management Service [Docket No. MMS–2008–MRM–0033] Agency Information Collection Activities: Submitted for Office of Management and Budget Review; 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 notifying the public that we have submitted to the Office of Management and Budget (OMB) an information collection request (ICR) to renew approval of the paperwork requirements in the regulations under 30 CFR parts 227, 228, and 229. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. The title of this collection is ‘‘30 CFR Parts 227, 228, and 229, Delegated and Cooperative Activities with States and Indian Tribes.’’ DATES: Submit written comments on or before July 8, 2009. ADDRESSES: Submit written comments by either FAX (202) 395–5806 or e-mail (OIRA_Docket@omb.eop.gov) directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (OMB Control Number 1010–0087). Please submit copies of your comments to MMS by one of the following methods: • Electronically go to http:// www.regulations.gov. In the ‘‘Comment or Submission’’ column, enter ‘‘MMS– 2008–MRM–0033’’ to view supporting E:\FR\FM\08JNN1.SGM 08JNN1 cprice-sewell on PRODPC61 with NOTICES 27168 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 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 300B2, 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 and (2) 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, Outer Continental Shelf Lands Act of 1953, Geothermal Steam Act of 1970, and Indian Mineral Development Act of 1982, 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 VerDate Nov<24>2008 15:15 Jun 05, 2009 Jkt 217001 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 MMS collects includes data necessary to ensure that the lessee accurately values and appropriately pays all royalties and other mineral revenues due. The Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), as amended by the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996, sections 3, 4, and 8 for Federal lands, authorizes the Secretary to develop delegated and cooperative agreements with states (sect. 205) and Indian tribes (sect. 202) to carry out certain inspection, auditing, investigation, or limited enforcement activities for oil and gas 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. The Appropriations Act of 1992 also authorizes the states and Indian tribes to perform the same functions for coal and other solid mineral leases. 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 Federal geothermal and solid mineral leases, and leases subject to Section 8(g) of the OCS Lands Act, within their state boundaries. To be considered for such delegation, states must submit a written proposal, and receive approval from MMS, and provide periodic accounting documentation to MMS. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 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. Indian tribes must submit a written proposal to enter into a cooperative agreement to MMS, outlining the activities to be undertaken and present evidence that they can meet the standards of the Secretary for the activities to be conducted. The tribes must also submit an annual work plan and budget, as well as quarterly reimbursement vouchers. 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. The state must receive the Secretary’s delegation of authority and submit annual audit work plans detailing its audits and related investigations, annual budgets, and quarterly reimbursement vouchers. The state is also required to maintain records. In summary, this collection of information is necessary in order for states and Indian tribes to conduct audits and related investigations of Federal and Indian 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 required to obtain the benefit of entering into a cooperative agreement with the Secretary. Frequency: 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: E:\FR\FM\08JNN1.SGM 08JNN1 27169 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS 30 CFR Reporting and recordkeeping requirements Hour burden Number of annual fresponses Annual urden hours 200 1 200 15 11 165 4 84 336 200 11 2,200 3 44 132 1 250 250 60 8 11 10 660 80 1 250 250 Part 227—Delegation to States Delegation Proposals 227.103; 107; 109; 110(a) and (b)(1); 110(c) and (e); 111(a) and (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. . . . 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 Compensation 227.112(d) and (e) ....................... 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 . . . (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 . . . (e) You must maintain adequate books and records to support your vouchers . . .a States’ Responsibilities To Perform Delegated Functions 227.200(a), (b), (c), and (d) ......... 227.200(e); 801(a); 804 ............... 227.200(f); 401(e); 601(d) ........... cprice-sewell on PRODPC61 with NOTICES 227.200(g); 301(e) ....................... 227.200(h) ................................... 227.400(a)(4) and (a)(6); 401(d); 501(c). VerDate Nov<24>2008 15:15 Jun 05, 2009 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 . . . Jkt 217001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1 27170 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 30 CFR Reporting and recordkeeping requirements 227.400(c) .................................... 227.601(c) .................................... Subtotal Burden for 30 CFR Part 227. Hour burden Number of annual fresponses Annual urden hours 1 12 12 8 11 88 .................... 695 4,373 200 1 200 15 7 105 80 1 80 120 7 840 60 7 420 4 36 144 .................... 59 1,789 (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 . . . ........................................................................................................ Part 228—Cooperative Activities With States and Indian Tribes Subpart C—Oil And Gas, Onshore 228.100(a) 107(b). and (b); 101(c); 228.101(a) ................................... 228.101(d) ................................... 228.103(a) and (b) ....................... 228.105(a)(1) and (a)(2) .............. cprice-sewell on PRODPC61 with NOTICES 228.105(c) .................................... Subtotal Burden for 30 CFR Part 228. VerDate Nov<24>2008 15:15 Jun 05, 2009 Entering into an agreement ........................................................... (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. (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 ........................................................................................................ Jkt 217001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1 27171 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 30 CFR Reporting and recordkeeping requirements Hour burden Number of annual fresponses Annual urden 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 Part 229—Delegation to States Subpart C—Oil and Gas, Onshore Administration of Delegations 229.100(a)(1) and (a)(2) .............. 229.101(a) and (d) ....................... 229.102(c) .................................... 229.103(c) .................................... 229.105 ........................................ 229.106 ........................................ cprice-sewell on PRODPC61 with NOTICES 229.109(a) ................................... 229.109(b) ................................... VerDate Nov<24>2008 15:15 Jun 05, 2009 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 investigations 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 .................................................................... (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. Jkt 217001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1 27172 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 30 CFR Reporting and recordkeeping requirements Hour burden Number of annual fresponses Annual urden hours 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 ........................................ 229.121(a), (b), (c), and (d) ......... 229.122(a), (b), and (c) ............... 229.123(b)(3)(i) ............................ 229.124 ........................................ cprice-sewell on PRODPC61 with NOTICES 229.125(a) and (b) ....................... 229.126(a) and (b) ....................... VerDate Nov<24>2008 15:15 Jun 05, 2009 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 . . . (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. Jkt 217001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\08JNN1.SGM 08JNN1 27173 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued Hour burden Number of annual fresponses Annual urden hours 229.127 ........................................ (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. . . . 1 1 1 Subtotal Burden for 30 CFR Part 229. ........................................................................................................ .................... 16 16 TOTAL BURDEN .......... ........................................................................................................ .................... 770 6,178 30 CFR Reporting and recordkeeping requirements 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. cprice-sewell on PRODPC61 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: Section 3506(c)(2)(A) of the PRA 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. To comply with the public consultation process, we published a notice in the Federal Register on October 27, 2008 (73 FR 63723), announcing that we would submit this ICR to OMB for approval. The notice provided the required 60-day comment period. We received no comments in response to the notice. If you wish to comment in response to this notice, you may send your VerDate Nov<24>2008 15:15 Jun 05, 2009 Jkt 217001 comments to the offices listed under the section of this notice. The OMB has up to 60 days to approve or disapprove the information collection but may respond after 30 days. Therefore, to ensure maximum consideration, OMB should receive public comments by July 8, 2009. Public Comment Policy: We will post all comments in response to this notice on our Web site at http:// www.mrm.mms.gov/Laws_R_D/InfoColl/ InfoColCom.htm. We also will post all comments including names and addresses of respondents, at http:// www.regulations.gov. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, be advised that your entire comment— including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold from public review your personal identifying information, we cannot guarantee that we will be able to do so. MMS Information Collection Clearance Officer: Arlene Bajusz (202) 208–7744. DEPARTMENT OF THE INTERIOR ADDRESSES Dated: April 23, 2009. Gregory J. Gould, Associate Director for Minerals Revenue Management. [FR Doc. E9–13247 Filed 6–5–09; 8:45 am] BILLING CODE 4310–MR–P PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 Fish and Wildlife Service [FWS–R4–R–2009–N0081; 40136–1265– 0000–S3] Chassahowitzka National Wildlife Refuge, Citrus and Hernando Counties, FL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent to prepare a comprehensive conservation plan and environmental assessment; request for comments. SUMMARY: We, the U.S. Fish and Wildlife Service, intend to prepare a comprehensive conservation plan (CCP) and associated National Environmental Policy Act (NEPA) documents for Chassahowitzka National Wildlife Refuge (NWR). We provide this notice in compliance with our CCP policy to advise other Federal and State agencies, Tribes, and the public of our intentions, and to obtain suggestions and information on the scope of issues to consider in the planning process. DATES: To ensure consideration, we must receive your written comments by July 8, 2009. Special mailings, newspaper articles, and other media announcements will be used to inform the public and State and local government agencies of the opportunities for input throughout the planning process. A public scoping meeting will be held early in the CCP development process. The date, time, and place for the meeting will be announced in the local media. ADDRESSES: Send comments, questions, and requests for information to: Ms. E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Pages 27167-27173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13247]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service

[Docket No. MMS-2008-MRM-0033]


Agency Information Collection Activities: Submitted for Office of 
Management and Budget Review; 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 notifying the public that we have submitted to the Office of 
Management and Budget (OMB) an information collection request (ICR) to 
renew approval of the paperwork requirements in the regulations under 
30 CFR parts 227, 228, and 229. This notice also provides the public a 
second opportunity to comment on the paperwork burden of these 
regulatory requirements. The title of this collection is ``30 CFR Parts 
227, 228, and 229, Delegated and Cooperative Activities with States and 
Indian Tribes.''

DATES: Submit written comments on or before July 8, 2009.

ADDRESSES: Submit written comments by either FAX (202) 395-5806 or e-
mail (OIRA_Docket@omb.eop.gov) directly to the Office of Information 
and Regulatory Affairs, OMB, Attention: Desk Officer for the Department 
of the Interior (OMB Control Number 1010-0087).
    Please submit copies of your comments to MMS by one of the 
following methods:
     Electronically go to http://www.regulations.gov. In the 
``Comment or Submission'' column, enter ``MMS-2008-MRM-0033'' to view 
supporting

[[Page 27168]]

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 300B2, 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 and (2) 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, Outer Continental Shelf Lands Act of 1953, Geothermal 
Steam Act of 1970, and Indian Mineral Development Act of 1982, 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 MMS collects includes data necessary to 
ensure that the lessee accurately values and appropriately pays all 
royalties and other mineral revenues due.
    The Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), as 
amended by the Federal Oil and Gas Royalty Simplification and Fairness 
Act of 1996, sections 3, 4, and 8 for Federal lands, authorizes the 
Secretary to develop delegated and cooperative agreements with states 
(sect. 205) and Indian tribes (sect. 202) to carry out certain 
inspection, auditing, investigation, or limited enforcement activities 
for oil and gas 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. The Appropriations Act of 1992 
also authorizes the states and Indian tribes to perform the same 
functions for coal and other solid mineral leases.
    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 Federal geothermal 
and solid mineral leases, and leases subject to Section 8(g) of the OCS 
Lands Act, within their state boundaries. To be considered for such 
delegation, states must submit a written proposal, and receive approval 
from MMS, and provide periodic accounting documentation to MMS.
    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. Indian tribes must submit a written proposal 
to enter into a cooperative agreement to MMS, outlining the activities 
to be undertaken and present evidence that they can meet the standards 
of the Secretary for the activities to be conducted. The tribes must 
also submit an annual work plan and budget, as well as quarterly 
reimbursement vouchers.
    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. The state must receive the 
Secretary's delegation of authority and submit annual audit work plans 
detailing its audits and related investigations, annual budgets, and 
quarterly reimbursement vouchers. The state is also required to 
maintain records.
    In summary, this collection of information is necessary in order 
for states and Indian tribes to conduct audits and related 
investigations of Federal and Indian 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 required to obtain the benefit 
of entering into a cooperative agreement with the Secretary.
    Frequency: 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:

[[Page 27169]]



                                   Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of      Annual
            30 CFR               Reporting and recordkeeping requirements  Hour burden     annual       burden
                                                                                         fresponses     hours
----------------------------------------------------------------------------------------------------------------
                                         Part 227--Delegation to States
----------------------------------------------------------------------------------------------------------------
                                              Delegation Proposals
----------------------------------------------------------------------------------------------------------------
227.103; 107; 109; 110(a) and   What must a State's delegation proposal            200            1          200
 (b)(1); 110(c) and (e);         contain?.
 111(a) and (b); 805.           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 change the terms of           15           11          165
                                 your delegation agreement for the
                                 renewal period, you must submit a new
                                 delegation proposal under this part.
----------------------------------------------------------------------------------------------------------------
                                              Existing Delegations
----------------------------------------------------------------------------------------------------------------
                                                  Compensation
----------------------------------------------------------------------------------------------------------------
227.112(d) and (e)............  What compensation will a State receive to            4           84          336
                                 perform delegated functions?
                                You will receive compensation for your
                                 costs to perform each delegated function
                                 subject to the following conditions . .
                                 ..
                                (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 . . ..
                                (e) You must maintain adequate books and   ...........  ...........  ...........
                                 records to support your vouchers . . .a
----------------------------------------------------------------------------------------------------------------
                             States' Responsibilities To Perform Delegated Functions
----------------------------------------------------------------------------------------------------------------
227.200(a), (b), (c), and (d).  What are a State's general                         200           11        2,200
                                 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 about your                3           44          132
                                 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 maintaining adequate               1          250          250
                                 reference, royalty, and production
                                 databases. . . .
227.200(g); 301(e)............  (g) Develop annual work plans . . .......           60           11          660
227.200(h)....................  (h) Help MMS respond to requests for                 8           10           80
                                 information from other Federal agencies,
                                 Congress, and the public . . .
227.400(a)(4) and (a)(6);       What functions may a State perform in                1          250          250
 401(d); 501(c).                 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 . . .

[[Page 27170]]

 
                                (6) Providing production data or royalty   ...........  ...........  ...........
                                 data to MMS and other affected Federal
                                 agencies. . . .
227.400(c)....................  (c) You must provide MMS with a copy of              1           12           12
                                 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 responsibilities if it            8           11           88
                                 performs automated verification?
                                To perform automated verification of       ...........  ...........  ...........
                                 production reports or royalty reports,
                                 you must . . .
                                (c) Maintain all documentation and         ...........  ...........  ...........
                                 logging procedures . . .
                                                                          --------------------------------------
    Subtotal Burden for 30 CFR  .........................................  ...........          695        4,373
     Part 227.
----------------------------------------------------------------------------------------------------------------
                         Part 228--Cooperative Activities With States and Indian Tribes
----------------------------------------------------------------------------------------------------------------
                                         Subpart C--Oil And Gas, Onshore
----------------------------------------------------------------------------------------------------------------
228.100(a) and (b); 101(c);     Entering into an agreement...............          200            1          200
 107(b).
                                (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.
                                (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 be given 60             80            1           80
                                 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 agreements........           60            7          420
                                (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 shall submit a                4           36          144
                                 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  .........................................  ...........           59        1,789
     Part 228.
----------------------------------------------------------------------------------------------------------------

[[Page 27171]]

 
                                         Part 229--Delegation to States
----------------------------------------------------------------------------------------------------------------
                                         Subpart C--Oil and Gas, Onshore
----------------------------------------------------------------------------------------------------------------
                                          Administration of Delegations
----------------------------------------------------------------------------------------------------------------
229.100(a)(1) and (a)(2)......  Authorities and responsibilities subject             1            1            1
                                 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 investigations 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
                                (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; termination of              1            1            1
                                 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 agreement to                      1            1            1
                                 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 from delegated            1            1            1
                                 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 incurred by a                1            1            1
                                 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 a voucher for             1            1            1
                                 reimbursement of costs incurred within
                                 30 days of the end of each calendar
                                 quarter.
----------------------------------------------------------------------------------------------------------------

[[Page 27172]]

 
                                             Delegation Requirements
----------------------------------------------------------------------------------------------------------------
229.120.......................  Obtaining regulatory and policy guidance.            1            1            1
                                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 . .
                                 .
                                (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 activities.........            1            1            1
                                (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 activities...........            1            1            1
                                (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 enforcement              1            1            1
                                 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.

[[Page 27173]]

 
                                (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  .........................................  ...........           16           16
     Part 229.
                                                                          --------------------------------------
        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: Section 3506(c)(2)(A) of the PRA 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.
    To comply with the public consultation process, we published a 
notice in the Federal Register on October 27, 2008 (73 FR 63723), 
announcing that we would submit this ICR to OMB for approval. The 
notice provided the required 60-day comment period. We received no 
comments in response to the notice.
    If you wish to comment in response to this notice, you may send 
your comments to the offices listed under the ADDRESSES section of this 
notice. The OMB has up to 60 days to approve or disapprove the 
information collection but may respond after 30 days. Therefore, to 
ensure maximum consideration, OMB should receive public comments by 
July 8, 2009.
    Public Comment Policy: We will post all comments in response to 
this notice on our Web site at http://www.mrm.mms.gov/Laws_R_D/InfoColl/InfoColCom.htm. We also will post all comments including names 
and addresses of respondents, at http://www.regulations.gov. Before 
including your address, phone number, e-mail address, or other personal 
identifying information in your comment, be advised that your entire 
comment--including your personal identifying information--may be made 
publicly available at any time. While you can ask us in your comment to 
withhold from public review your personal identifying information, we 
cannot guarantee that we will be able to do so.
    MMS Information Collection Clearance Officer: Arlene Bajusz (202) 
208-7744.

    Dated: April 23, 2009.
Gregory J. Gould,
Associate Director for Minerals Revenue Management.
[FR Doc. E9-13247 Filed 6-5-09; 8:45 am]
BILLING CODE 4310-MR-P