Agency Information Collection Activities: 30 CFR Parts 1227, 1228, and 1229, Delegated and Cooperative Activities With States and Indian Tribes, 26081-26087 [2018-12036]
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Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices
‘‘Affordable Housing Allocations’’ and a
new section 1338 entitled ‘‘Housing
Trust Fund.’’ HUD’s implementing
regulations are codified at 24 CFR part
93. Congress authorized the HTF with
the stated purpose of: (1) Increasing and
preserving the supply of rental housing
for extremely low-income families with
incomes between 0 and 30 percent of
area median income and very lowincome families with incomes between
30 and 50 percent of area median
income, including homeless families,
and (2) increasing homeownership for
extremely low-income and very lowincome families. Section 1337 of the Act
provides for the HTF (and other
programs) to be funded with an
affordable housing set-aside by Fannie
Mae and Freddie Mac. The total setaside amount is equal to 4.2 basis points
(.042 percent) of Fannie Mae and
Freddie Mac’s new mortgage purchases,
a portion of which is for the HTF.
Section 1338 of the Act directs HUD to
establish, through regulation, the
formula for distribution of amounts
made available for the HTF. The statute
specifies the factors to be used for the
formula and priority for certain factors.
The factors and methodology HUD uses
to allocate HTF funds among eligible
grantees are established in the HTF
regulation. The funding announced for
Fiscal Year 2018 through this notice is
$266,775,403.45. Appendix A to this
notice provides the names of the
grantees and the amounts of the awards.
FY 2018
allocation
Grantee
Massachusetts ................
Michigan .........................
Minnesota .......................
Mississippi ......................
Missouri ..........................
Montana ..........................
Nebraska ........................
Nevada ...........................
New Hampshire ..............
New Jersey .....................
New Mexico ....................
New York ........................
North Carolina ................
North Dakota ..................
Ohio ................................
Oklahoma .......................
Oregon ............................
Pennsylvania ..................
Rhode Island ..................
South Carolina ................
South Dakota ..................
Tennessee ......................
Texas ..............................
Utah ................................
Vermont ..........................
Virginia ............................
Washington .....................
West Virginia ..................
Wisconsin .......................
Wyoming .........................
Puerto Rico .....................
America Samoa ..............
Guam ..............................
Northern Marianas ..........
Virgin Islands ..................
5,720,333
6,004,558
3,445,781
3,000,000
3,970,270
3,000,000
3,000,000
3,000,000
3,000,000
7,726,903
3,000,000
22,171,681
5,874,191
3,000,000
6,971,712
3,000,000
3,654,189
7,759,948
3,000,000
3,007,655
3,000,000
3,688,511
12,279,085
3,000,000
3,000,000
4,672,562
5,197,313
3,000,000
4,117,505
3,000,000
1,253,357
11,995
97,028
53,415
104,591
Total .........................
266,775,403.45
[FR Doc. 2018–12041 Filed 6–4–18; 8:45 am]
BILLING CODE 4210–67–P
Dated: May 29, 2018.
Neal J. Rackleff,
Assistant Secretary, Office of Community
Planning and Development.
DEPARTMENT OF THE INTERIOR
Appendix A:
Office of Natural Resources Revenue
FY 2018 Housing Trust Fund Allocation
Amounts
[Docket No. ONRR–2011–0025; DS63644000
DR2000000.CH7000 189D0102R2, OMB
Control Number 1012–0003]
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Grantee
Alabama ..........................
Alaska .............................
Arizona ............................
Arkansas .........................
California .........................
Colorado .........................
Connecticut .....................
Delaware .........................
District of Columbia ........
Florida .............................
Georgia ...........................
Hawaii .............................
Idaho ...............................
Illinois ..............................
Indiana ............................
Iowa ................................
Kansas ............................
Kentucky .........................
Louisiana ........................
Maine ..............................
Maryland .........................
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FY 2018
allocation
Agency Information Collection
Activities: 30 CFR Parts 1227, 1228,
$3,000,000 and 1229, Delegated and Cooperative
3,000,000 Activities With States and Indian
3,997,777
3,000,000 Tribes
36,616,277.45
3,563,587
3,269,474
3,000,000
3,000,000
10,442,914
5,705,499
3,000,000
3,000,000
9,812,230
3,937,462
3,000,000
3,000,000
3,000,000
3,068,829
3,000,000
3,578,771
Jkt 241001
Office of the Secretary, Office
of Natural Resources Revenue (ONNR),
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
To comply with the
Paperwork Reduction Act of 1995
(PRA), ONRR is inviting comments on
the renewal of an information collection
request that we will submit to the Office
of Management and Budget (OMB) for
review and approval.
DATES: You must submit your written
comments on or before August 6, 2018.
SUMMARY:
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26081
You may submit comments
on this ICR to ONRR by using one of the
following three methods. Please
reference ‘‘ICR 1012–0003’’ in your
comments.
• Electronically go to https://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ‘‘ONRR–
2011–0025,’’ then click ‘‘Search.’’
Follow the instructions to submit public
comments. ONRR will post all
comments.
• Email comments to Mr. Luis
Aguilar, Regulatory Specialist, at
Luis.Aguilar@onrr.gov.
• Hand-carry or mail comments,
using an overnight courier service, to
ONRR. Our courier address is Office of
Natural Resources Revenue; Building
85, Entrance N–1, Denver Federal
Center; West 6th Ave. and Kipling St.;
Denver, Colorado 80225.
FOR FURTHER INFORMATION CONTACT: For
questions on technical issues, contact
Mr. Peter Hanley, STRAC
Administration, ONRR, telephone (303)
231–3721 or email to Peter.Hanley@
onrr.gov. For other questions, contact
Mr. Luis Aguilar, telephone (303) 231–
3418, or email to Luis.Aguilar@onrr.gov.
You may also contact Mr. Aguilar to
obtain copies [free of charge] of (1) the
ICR, (2) any associated form, and (3) the
regulations that require us to collect the
information. You may also review the
information collection request online at
https://www.reginfo.gov/public/do/
PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format. We
are soliciting comments on the proposed
ICR that is described below. We are
especially interested in public comment
addressing the following issues: (1) Is
the collection necessary to the proper
functions of the ONRR; (2) will this
information be processed and used in a
timely manner; (3) is the estimate of
burden accurate; (4) how might the
ONRR enhance the quality, utility, and
clarity of the information to be
collected; and (5) how might the ONRR
minimize the burden of this collection
on the respondents, including through
the use of information technology.
Comments that you submit in response
ADDRESSES:
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Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices
to this notice are a matter of public
record. We will include or summarize
each comment in our request to OMB to
approve this ICR. 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.
Abstract: The Secretary of the Interior
is responsible for mineral resource
development on Federal and Indian
lands and the Outer Continental Shelf
(OCS). Under various laws, the
Secretary’s responsibility is to manage
mineral resources production on
Federal and Indian lands and the OCS,
collect the royalties and other mineral
revenues due, and distribute the funds
collected. ONRR performs the royalty
management functions and assists the
Secretary in carrying out the
Department’s responsibilities. We have
posted those laws pertaining to mineral
leases on Federal and Indian lands and
the OCS at https://www.onrr.gov/Laws_
R_D/PubLaws/default.htm.
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General Information
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 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 that
ONRR collects includes data necessary
to ensure that the lessee accurately
values the production and appropriately
pays all royalties and other mineral
revenues due.
The Federal Oil and Gas Royalty
Management Act of 1982 (FOGRMA), as
amended by sections 3, 4, and 8 [for
Federal lands] of the Federal Oil and
Gas Royalty Simplification and Fairness
Act of 1996, authorizes the Secretary to
develop delegated and cooperative
agreements with States (section 205)
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Jkt 241001
and Indian Tribes (section 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 with ONRR
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.
Information Collections
This Information Collection Request
(ICR) covers the paperwork
requirements in the regulations under
title 30, Code of Federal Regulations
(CFR), parts 1227, 1228, and 1229. 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.
Relevant parts of the regulations include
30 CFR parts 1227, 1228, and 1229, as
described below:
Title 30 CFR part 1227—Delegation to
States, provides procedures to delegate
certain Federal minerals revenue
management functions to States for
Federal oil and gas leases. The
regulations provide 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
respective State boundaries. To be
considered for such delegation, States
must submit a written proposal to
ONRR, which ONRR must approve.
States also must provide quarterly
reimbursement vouchers and reports
concerning the activities under the
delegation to ONRR.
Title 30 CFR part 1228—Cooperative
Activities with States and Indian Tribes,
provides procedures for Indian Tribes to
carry out audits and related
investigations of their respective leased
lands. Indian Tribes must submit a
written proposal to ONRR in order to
enter into a cooperative agreement. The
proposal must outline the activities that
the Tribe will undertake and must
present evidence that the Tribe can meet
the standards of the Secretary to
conduct these activities. The Tribes also
must submit an annual work plan and
budget, as well as quarterly
reimbursement vouchers.
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Title 30 CFR part 1229—Delegation to
States, provides procedures for 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 also must maintain records.
OMB Approval
We will request OMB approval to
continue to collect this information. Not
collecting this information would limit
the Secretary’s ability to discharge the
duties of the office and may also result
in the inability to confirm the accurate
royalty value. ONRR protects any
proprietary information received under
this collection and does not collect
items of a sensitive nature. States and
Tribes must respond in order to obtain
the benefit of entering into a cooperative
agreement with the Secretary.
Title of Collection: Delegated and
Cooperative Activities with States and
Indian Tribes—30 CFR parts 1227, 1228,
and 1229.
OMB Control Number: 1012–0003.
Bureau Form Number: None.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public: States
and Tribes.
Total Estimated Number of Annual
Respondents: 9 States and 6 Indian
Tribes.
Total Estimated Number of
Responses: 449.
Estimated Completion Time per
Response: 26.40 hrs.
Total Estimated Number of Annual
Burden Hours: 11,851 hours.
Respondent’s Obligation: Required to
Obtain or Retain a Benefit.
Frequency of Collection: Annual.
Total Estimated Annual Nonhour
Burden Cost: We have identified no
‘‘non-hour cost’’ burden associated with
this collection of information.
We have not included in our
estimates certain requirements
performed in the normal course of
business, which are considered usual
and customary. The following table
shows the estimated burden hours by
CFR section and paragraph:
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Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices
SECTION A.12 BURDEN BREAKDOWN
30 CFR
section
Hour burden
per response
Reporting and recordkeeping requirements
Number of
annual
responses
Annual burden
hours
Part 1227—Delegation To States
Delegation Proposals
1227.103; 107; 109;
110(a) and (b)(1);
110 (c), (d), and (e);
111(a) and (b); 805.
What must a State’s delegation proposal contain? ...........................
If you want ONRR to delegate royalty management functions to
you, then you must submit a delegation proposal to the ONRR
Deputy Director. The ONRR will provide you with technical assistance and information to help you prepare your delegation proposal . . .
200
1
200
16
9
144
4
60
240
940
9
8,460
3
36
108
1
250
250
60
8
9
9
540
72
250
1
250
Delegation Process
1227.110(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
1227.112(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 . . .
States’ Responsibilities To Perform Delegated Functions
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1227.200(a), (b), (c),
and (d).
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 ONRR 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 ONRR 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 . . .
1227.200(e); 801(a);
(e) Provide reports to ONRR about your activities under your dele804.
gated functions . . . At a minimum, you must provide periodic statistical reports to ONRR summarizing the activities you carried
out . . .
1227.200(f); 401(e);
(f) Assist ONRR in maintaining adequate reference, royalty, and
601(d).
production databases . . .
1227.200(g); 301(e) .... (g) Develop annual work plans . . .
1227.200(h) ................ (h) Help ONRR respond to requests for information from other Federal agencies, Congress, and the public . . .
1227.400(a)(4) and
What functions may a State perform in processing production re(a)(6); 401(d); 501(c).
ports 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 mustperform . . .
(4) Timely transmitting production report or royalty report data to
ONRR and other affected Federal agencies . . .
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SECTION A.12 BURDEN BREAKDOWN—Continued
30 CFR
section
1227.400(c) .................
1227.601(c) .................
Hour burden
per response
Reporting and recordkeeping requirements
(6) Providing production data or royalty data to ONRR and other affected Federal agencies . . .
(c) You must provide ONRR 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 . . .
Number of
annual
responses
Annual burden
hours
12
1
12
10
1
10
386
10,286
200
1
200
15
6
90
80
1
80
120
6
720
60
6
360
4
24
96
Performance Review
Subtotal Burden for 30 CFR Part 1227
Part 1228—Cooperative Activities With States and Indian Tribes
Subpart C—Oil and Gas, Onshore
1228.100(a) and (b);
101(c); 107(b).
1228.101(a) ................
1228.101(d) ................
1228.103(a) and (b) ....
1228.105(a)(1) and
(a)(2).
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1228.105(c) .................
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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 ONRR.
(b) The request for an agreement shall be in a format prescribed by
ONRR 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.
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SECTION A.12 BURDEN BREAKDOWN—Continued
30 CFR
section
Hour burden
per response
Reporting and recordkeeping requirements
Subtotal Burden for 30 CFR Part 1228
Number of
annual
responses
Annual burden
hours
44
1,546
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
4
4
Part 1229—Delegation To States
Subpart C—Oil and Gas, Onshore
Administration of Delegations
1229.100(a)(1) and
(a)(2).
1229.101(a) and (d) ....
1229.102(c) .................
1229.103(c) .................
1229.105 .....................
1229.106 .....................
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1229.109(a) ................
1229.109(b) ................
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Authorities and responsibilities subject to delegation ........................
(a) All or part of the following authorities and responsibilities of the
Secretary under the Act may be delegated to a State authority:.
(1) Conduct of audits related to oil and gas royalty payments made
to the ONRR 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 ONRR,
of the affected Indian tribe or allottee.
(2) Conduct of investigation related to oil and gas royalty payments
made to the ONRR 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 ONRR,
of the affected Indian tribe or allottee. No investigation will be initiated without the specific approval of the ONRR . . .
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 120day 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.
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SECTION A.12 BURDEN BREAKDOWN—Continued
30 CFR
section
Hour burden
per response
Reporting and recordkeeping requirements
Number of
annual
responses
Annual burden
hours
Delegation Requirements
1229.120 .....................
1229.121 .....................
1229.122 .....................
1229.123 (b)(3)(i) ........
1229.124 .....................
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1229.125(a) and (b) ....
1229.126(a) and (b) ....
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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 ONRR officials . . .
Recordkeeping requirements .............................................................
(a) The State shall maintain in a safe and secure manner all
records, work papers, 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 ONRR.
(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 ONRR an audit work plan specifically identifying leases,
resources, companies, and payors scheduled for audit . . . A
State may request changes to its work plan . . . at the end of
each quarter of each fiscal year. All requested changes are subject to approval by the ONRR 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 ONRR or OIG resident audit team, all audit
activities must be coordinated through the ONRR or OIG resident
supervisor . . .
(c) The State shall consult with the ONRR 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 ONRR 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 work papers 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 work paper files to the ONRR 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
ONRR, 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.
20:19 Jun 04, 2018
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26087
Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices
SECTION A.12 BURDEN BREAKDOWN—Continued
30 CFR
section
1229.127 .....................
Hour burden
per response
Reporting and recordkeeping requirements
(b) An affected State, upon the request of the ONRR, 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 . . .
Annual burden
hours
1
1
Subtotal Burden for 30 CFR Part 229
19
19
Total Burden
449
11,851
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.
Public Comment Policy: ONRR will
post all comments, including names and
addresses of respondents at https://
www.regulations.gov.
ONRR Information Collection
Clearance Officer: Luis Aguilar (303)
231–3418.
Authority
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et. seq.).
Gregory J. Gould,
Director for Office of Natural Resources
Revenue.
[FR Doc. 2018–12036 Filed 6–4–18; 8:45 am]
BILLING CODE 4335–30–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1116]
Certain Blood Cholesterol Testing
Strips and Associated Systems
Containing the Same; Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
April 30, 2018, under section 337 of the
Tariff Act of 1930, as amended, on
behalf of Polymer Technology Systems,
Inc. of Indianapolis, Indiana. On May
11, 2018, PTS filed a letter correcting
the expiration dates for two of the three
asserted patents. The complaint alleges
violations of section 337 based upon the
amozie on DSK3GDR082PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
20:19 Jun 04, 2018
Jkt 241001
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain blood cholesterol testing strips
and associated systems containing the
same by reason of infringement of
certain claims of U.S. Patent No.
7,087,397 (‘‘the ’397 patent’’); U.S.
Patent No. 7,625,721 (‘‘the ’721 patent’’);
and U.S. Patent No. 7,494,818 (‘‘the ’818
patent’’). The complaint further alleges
that an industry in the United States
exists as required by the applicable
Federal Statute.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and a cease and
desist order.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street SW, Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov. The public
record for this investigation may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The
Office of Docket Services, U.S.
International Trade Commission,
telephone (202) 205–1802.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00093
Fmt 4703
Sfmt 4703
1
Number of
annual
responses
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2018).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
May 30, 2018, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain blood cholesterol
testing strips and associated systems
containing the same by reason of
infringement of one or more of claims
1–3, 5, 10, 13–14, and 17–20 of the ’397
patent; claims 1–9 and 13–15 of the ’721
patent; and claims 8–11 of the ’818
patent; and whether an industry in the
United States exists as required by
subsection (a)(2) of section 337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is: Polymer
Technology Systems, Inc., 7736
Zionsville Road, Indianapolis, Indiana
46268.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
ACON Laboratories, Inc., 10125 Mesa
Rim Road, San Diego, California
92121
ACON Biotech (Hangzhou) Co., Ltd.,
No. 210 Zhenzhoong Road, West Lake
E:\FR\FM\05JNN1.SGM
05JNN1
]]>Agencies
[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26081-26087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12036]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR-2011-0025; DS63644000 DR2000000.CH7000 189D0102R2, OMB
Control Number 1012-0003]
Agency Information Collection Activities: 30 CFR Parts 1227,
1228, and 1229, Delegated and Cooperative Activities With States and
Indian Tribes
AGENCY: Office of the Secretary, Office of Natural Resources Revenue
(ONNR), Interior.
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), ONRR
is inviting comments on the renewal of an information collection
request that we will submit to the Office of Management and Budget
(OMB) for review and approval.
DATES: You must submit your written comments on or before August 6,
2018.
ADDRESSES: You may submit comments on this ICR to ONRR by using one of
the following three methods. Please reference ``ICR 1012-0003'' in your
comments.
Electronically go to https://www.regulations.gov. In the
entry titled ``Enter Keyword or ID,'' enter ``ONRR-2011-0025,'' then
click ``Search.'' Follow the instructions to submit public comments.
ONRR will post all comments.
Email comments to Mr. Luis Aguilar, Regulatory Specialist,
at [email protected].
Hand-carry or mail comments, using an overnight courier
service, to ONRR. Our courier address is Office of Natural Resources
Revenue; Building 85, Entrance N-1, Denver Federal Center; West 6th
Ave. and Kipling St.; Denver, Colorado 80225.
FOR FURTHER INFORMATION CONTACT: For questions on technical issues,
contact Mr. Peter Hanley, STRAC Administration, ONRR, telephone (303)
231-3721 or email to [email protected]. For other questions,
contact Mr. Luis Aguilar, telephone (303) 231-3418, or email to
[email protected]. You may also contact Mr. Aguilar to obtain
copies [free of charge] of (1) the ICR, (2) any associated form, and
(3) the regulations that require us to collect the information. You may
also review the information collection request online at https://www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995, we provide the general public and other Federal agencies
with an opportunity to comment on new, proposed, revised, and
continuing collections of information. This helps us assess the impact
of our information collection requirements and minimize the public's
reporting burden. It also helps the public understand our information
collection requirements and provide the requested data in the desired
format. We are soliciting comments on the proposed ICR that is
described below. We are especially interested in public comment
addressing the following issues: (1) Is the collection necessary to the
proper functions of the ONRR; (2) will this information be processed
and used in a timely manner; (3) is the estimate of burden accurate;
(4) how might the ONRR enhance the quality, utility, and clarity of the
information to be collected; and (5) how might the ONRR minimize the
burden of this collection on the respondents, including through the use
of information technology. Comments that you submit in response
[[Page 26082]]
to this notice are a matter of public record. We will include or
summarize each comment in our request to OMB to approve this ICR.
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.
Abstract: The Secretary of the Interior is responsible for mineral
resource development on Federal and Indian lands and the Outer
Continental Shelf (OCS). Under various laws, the Secretary's
responsibility is to manage mineral resources production on Federal and
Indian lands and the OCS, collect the royalties and other mineral
revenues due, and distribute the funds collected. ONRR performs the
royalty management functions and assists the Secretary in carrying out
the Department's responsibilities. We have posted those laws pertaining
to mineral leases on Federal and Indian lands and the OCS at https://www.onrr.gov/Laws_R_D/PubLaws/default.htm.
General Information
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 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 that ONRR collects includes data necessary to
ensure that the lessee accurately values the production and
appropriately pays all royalties and other mineral revenues due.
The Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), as
amended by sections 3, 4, and 8 [for Federal lands] of the Federal Oil
and Gas Royalty Simplification and Fairness Act of 1996, authorizes the
Secretary to develop delegated and cooperative agreements with States
(section 205) and Indian Tribes (section 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 with ONRR 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.
Information Collections
This Information Collection Request (ICR) covers the paperwork
requirements in the regulations under title 30, Code of Federal
Regulations (CFR), parts 1227, 1228, and 1229. 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. Relevant parts of the regulations
include 30 CFR parts 1227, 1228, and 1229, as described below:
Title 30 CFR part 1227--Delegation to States, provides procedures
to delegate certain Federal minerals revenue management functions to
States for Federal oil and gas leases. The regulations provide 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 respective State boundaries. To be considered
for such delegation, States must submit a written proposal to ONRR,
which ONRR must approve. States also must provide quarterly
reimbursement vouchers and reports concerning the activities under the
delegation to ONRR.
Title 30 CFR part 1228--Cooperative Activities with States and
Indian Tribes, provides procedures for Indian Tribes to carry out
audits and related investigations of their respective leased lands.
Indian Tribes must submit a written proposal to ONRR in order to enter
into a cooperative agreement. The proposal must outline the activities
that the Tribe will undertake and must present evidence that the Tribe
can meet the standards of the Secretary to conduct these activities.
The Tribes also must submit an annual work plan and budget, as well as
quarterly reimbursement vouchers.
Title 30 CFR part 1229--Delegation to States, provides procedures
for 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 also must maintain records.
OMB Approval
We will request OMB approval to continue to collect this
information. Not collecting this information would limit the
Secretary's ability to discharge the duties of the office and may also
result in the inability to confirm the accurate royalty value. ONRR
protects any proprietary information received under this collection and
does not collect items of a sensitive nature. States and Tribes must
respond in order to obtain the benefit of entering into a cooperative
agreement with the Secretary.
Title of Collection: Delegated and Cooperative Activities with
States and Indian Tribes--30 CFR parts 1227, 1228, and 1229.
OMB Control Number: 1012-0003.
Bureau Form Number: None.
Type of Review: Extension of a currently approved collection.
Respondents/Affected Public: States and Tribes.
Total Estimated Number of Annual Respondents: 9 States and 6 Indian
Tribes.
Total Estimated Number of Responses: 449.
Estimated Completion Time per Response: 26.40 hrs.
Total Estimated Number of Annual Burden Hours: 11,851 hours.
Respondent's Obligation: Required to Obtain or Retain a Benefit.
Frequency of Collection: Annual.
Total Estimated Annual Nonhour Burden Cost: We have identified no
``non-hour cost'' burden associated with this collection of
information.
We have not included in our estimates certain requirements
performed in the normal course of business, which are considered usual
and customary. The following table shows the estimated burden hours by
CFR section and paragraph:
[[Page 26083]]
Section A.12 Burden Breakdown
----------------------------------------------------------------------------------------------------------------
Number of
30 CFR section Reporting and recordkeeping Hour burden annual Annual burden
requirements per response responses hours
----------------------------------------------------------------------------------------------------------------
Part 1227--Delegation To States
----------------------------------------------------------------------------------------------------------------
Delegation Proposals
----------------------------------------------------------------------------------------------------------------
1227.103; 107; 109; 110(a) and What must a State's delegation 200 1 200
(b)(1); 110 (c), (d), and proposal contain?.
(e); 111(a) and (b); 805. If you want ONRR to delegate
royalty management functions to
you, then you must submit a
delegation proposal to the ONRR
Deputy Director. The ONRR will
provide you with technical
assistance and information to
help you prepare your
delegation proposal . . ..
----------------------------------------------------------------------------------------------------------------
Delegation Process
----------------------------------------------------------------------------------------------------------------
1227.110(b)(2)................ (b)(2) If you want to change the 16 9 144
terms of your delegation
agreement for the renewal
period, you must submit a new
delegation proposal under this
part.
----------------------------------------------------------------------------------------------------------------
Existing Delegations
----------------------------------------------------------------------------------------------------------------
Compensation
----------------------------------------------------------------------------------------------------------------
1227.112(d) and (e)........... What compensation will a State 4 60 240
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 . . .
----------------------------------------------------------------------------------------------------------------
States' Responsibilities To Perform Delegated Functions
----------------------------------------------------------------------------------------------------------------
1227.200(a), (b), (c), and (d) What are a State's general 940 9 8,460
responsibilities if it accepts
a delegation?.
For each delegated function you
perform, you must: (a) . . .
seek information or guidance
from ONRR 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 ONRR 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 . . .
1227.200(e); 801(a); 804...... (e) Provide reports to ONRR 3 36 108
about your activities under
your delegated functions . . .
At a minimum, you must provide
periodic statistical reports to
ONRR summarizing the activities
you carried out . . .
1227.200(f); 401(e); 601(d)... (f) Assist ONRR in maintaining 1 250 250
adequate reference, royalty,
and production databases . . .
1227.200(g); 301(e)........... (g) Develop annual work plans . 60 9 540
. .
1227.200(h)................... (h) Help ONRR respond to 8 9 72
requests for information from
other Federal agencies,
Congress, and the public . . .
1227.400(a)(4) and (a)(6); What functions may a State 250 1 250
401(d); 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 mustperform . .
.
(4) Timely transmitting
production report or royalty
report data to ONRR and other
affected Federal agencies . . .
[[Page 26084]]
(6) Providing production data or
royalty data to ONRR and other
affected Federal agencies . . .
1227.400(c)................... (c) You must provide ONRR with a 12 1 12
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.
1227.601(c)................... What are a State's 10 1 10
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 1227 386 10,286
----------------------------------------------------------------------------------------------------------------
Part 1228--Cooperative Activities With States and Indian Tribes
----------------------------------------------------------------------------------------------------------------
Subpart C--Oil and Gas, Onshore
----------------------------------------------------------------------------------------------------------------
1228.100(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 ONRR.
(b) The request for an agreement
shall be in a format prescribed
by ONRR 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.
1228.101(a)................... Terms of agreement.............. 15 6 90
(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 .
. ..
1228.101(d)................... (d) . . . Indian tribe will be 80 1 80
given 60 days to respond to the
notice of deficiencies and to
provide a plan for correction
of those deficiencies . . .
1228.103(a) and (b)........... Maintenance of records.......... 120 6 720
(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
. . .
1228.105(a)(1) and (a)(2)..... Funding of cooperative 60 6 360
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.
1228.105(c)................... (c) . . . Indian tribe shall 4 24 96
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.
----------------------------------------------------------------------------------------------------------------
[[Page 26085]]
Subtotal Burden for 30 CFR Part 1228 44 1,546
----------------------------------------------------------------------------------------------------------------
Part 1229--Delegation To States
----------------------------------------------------------------------------------------------------------------
Subpart C--Oil and Gas, Onshore
----------------------------------------------------------------------------------------------------------------
Administration of Delegations
----------------------------------------------------------------------------------------------------------------
1229.100(a)(1) and (a)(2)..... Authorities and responsibilities 1 1 1
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 ONRR 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 ONRR, of the
affected Indian tribe or
allottee.
(2) Conduct of investigation
related to oil and gas royalty
payments made to the ONRR 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 ONRR, of the
affected Indian tribe or
allottee. No investigation will
be initiated without the
specific approval of the ONRR .
. .
1229.101(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.
1229.102(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.
1229.103(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.
1229.105...................... 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.
1229.106...................... Withdrawal of Indian lands from 1 1 1
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 . .
.
1229.109(a)................... Reimbursement for costs incurred 1 1 1
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 . . .
1229.109(b)................... (b) The State shall submit a 1 4 4
voucher for reimbursement of
costs incurred within 30 days
of the end of each calendar
quarter.
----------------------------------------------------------------------------------------------------------------
[[Page 26086]]
Delegation Requirements
----------------------------------------------------------------------------------------------------------------
1229.120...................... Obtaining regulatory and policy 1 1 1
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 ONRR
officials . . .
1229.121...................... Recordkeeping requirements...... 1 1 1
(a) The State shall maintain in
a safe and secure manner all
records, work papers, 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 ONRR.
(d) The State shall maintain
complete cost records for the
delegation in accordance with
generally accepted accounting
principles . . .
1229.122...................... Coordination of audit activities 1 1 1
(a) Each State with a delegation
of authority shall submit
annually to the ONRR an audit
work plan specifically
identifying leases, resources,
companies, and payors scheduled
for audit . . . A State may
request changes to its work
plan . . . at the end of each
quarter of each fiscal year.
All requested changes are
subject to approval by the ONRR
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
ONRR or OIG resident audit
team, all audit activities must
be coordinated through the ONRR
or OIG resident supervisor . .
.
(c) The State shall consult with
the ONRR and/or OIG regarding
resolution of any coordination
problems encountered during the
conduct of delegation
activities.
1229.123 (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 ONRR officials at
the end of each field
examination.
1229.124...................... Documentation standards......... 1 1 1
Every audit performed by a State
under a delegation of authority
must meet certain documentation
standards. In particular,
detailed work papers must be
developed and maintained.
1229.125(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 work paper files to
the ONRR for appropriate
enforcement action. Any
substantive revisions to the
demand letter will be discussed
with the State prior to
issuance of the letter . . .
1229.126(a) and (b)........... Appeals......................... 1 1 1
(a) . . . The State regulatory
authority shall, upon the
request of the ONRR, 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 26087]]
(b) An affected State, upon the
request of the ONRR, 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 . . .
1229.127...................... 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 229 19 19
----------------------------------------------------------------------------------------------------------------
Total Burden 449 11,851
----------------------------------------------------------------------------------------------------------------
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.
Public Comment Policy: ONRR will post all comments, including names
and addresses of respondents at https://www.regulations.gov.
ONRR Information Collection Clearance Officer: Luis Aguilar (303)
231-3418.
Authority
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et. seq.).
Gregory J. Gould,
Director for Office of Natural Resources Revenue.
[FR Doc. 2018-12036 Filed 6-4-18; 8:45 am]
BILLING CODE 4335-30-P
