Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; 30 CFR Parts 1227, 1228, and 1229, Delegated and Cooperative Activities With States and Indian Tribes, 53655-53661 [2018-23176]
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Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Elizabeth K. Appel,
Director, Office of Regulatory Affairs and
Collaborative Action—Indian Affairs.
[FR Doc. 2018–23180 Filed 10–23–18; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/
A0A501010.999900 253G; OMB Control
Number 1076–0185]
Agency Information Collection
Activities; Bureau of Indian Education
Tribal Education Department Grant
Program
Bureau of Indian Affairs,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, we,
the Bureau of Indian Education (BIE) are
proposing to renew an information
collection.
SUMMARY:
Interested persons are invited to
submit comments on or before
December 24, 2018.
ADDRESSES: Send your comments on
this information collection request (ICR)
by mail to the Maureen Lesky, 1011
Indian School Road NW, Suite 332,
Albuquerque, NM 87104; or by email to
Maureen.Lesky@bie.edu. Please
reference OMB Control Number 1076–
0185 in the subject line of your
comments.
DATES:
To
request additional information about
this ICR, contact Maureen Lesky by
email at Maureen.Lesky@bie.edu, or by
telephone at (505) 563–5397.
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
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FOR FURTHER INFORMATION CONTACT:
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issues: (1) Is the collection necessary to
the proper functions of the BIE; (2) will
this information be processed and used
in a timely manner; (3) is the estimate
of burden accurate; (4) how might the
BIE enhance the quality, utility, and
clarity of the information to be
collected; and (5) how might the BIE
minimize the burden of this collection
on the respondents, including through
the use of information technology.
Comments that you submit in
response 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: Under 25 U.S.C. 2020,
Congress appropriated funding through
the Bureau of Indian Education (BIE) for
the development and operation of tribal
departments or divisions of education
for the purpose of planning and
coordinating all educational programs of
the tribe. All tribal education
departments (TEDs) awarded will
provide coordinating services and
technical assistance to the school(s) they
serve. As required under 25 U.S.C. 2020,
for a federally recognized tribe to be
eligible to receive a grant, the tribe shall
submit a grant application proposal.
Once the grant has been awarded, each
awardee will be responsible for
quarterly and annual reports. All
awardees shall comply with regulations
relating to grants made under 25 U.S.C.
450h(a).
Title of Collection: Tribal Education
Department Grant Program.
OMB Control Number: 1076–0185.
Form Number: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Federally-recognized tribes and their
Tribal Education Departments (TEDs).
Total Estimated Number of Annual
Respondents: 13.
Total Estimated Number of Annual
Responses: 63.
Estimated Completion Time per
Response: One time proposal
submission is 111 hours, 1 hour to
prepare a quarterly report, and 2 hours
to prepare an annual report.
Total Estimated Number of Annual
Burden Hours: 1,503 hours.
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53655
Respondent’s Obligation: Required to
Obtain a Benefit.
Frequency of Collection: One time
proposal submission, quarterly financial
reports, and annual report.
Total Estimated Annual Nonhour
Burden Cost: $5,359.
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.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Elizabeth K. Appel,
Director, Office of Regulatory Affairs and
Collaborative Action—Indian Affairs.
[FR Doc. 2018–23181 Filed 10–23–18; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0025; DS63644200
DRT000000.CH7000 190D1113RT, OMB
Control Number 1012–0003]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; 30 CFR Parts 1227,
1228, and 1229, Delegated and
Cooperative Activities With States and
Indian Tribes
Office of the Secretary, Office
of Natural Resources Revenue, Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, we,
the Office of Natural Resources Revenue
(ONRR), are proposing to renew an
information collection.
DATES: Interested persons are invited to
submit comments on or before
November 23, 2018.
ADDRESSES: Send written comments on
this information collection request (ICR)
to the Office of Management and
Budget’s Desk Officer for the
Department of the Interior by email at
OIRA_Submission@omb.eop.gov; or via
facsimile to (202) 395–5806. Please
provide a copy of your comments to Mr.
Luis Aguilar, Regulatory Specialist,
ONRR, P.O. Box 25165, MS 61030A,
Denver, Colorado 80225–0165, or email
to Luis.Aguilar@onrr.gov. Please
reference OMB Control Number 1012–
0003 in your comments.
FOR FURTHER INFORMATION CONTACT: For
questions on technical issues, contact
Peter Hanley, STRAC Administration,
ONRR, telephone (303) 231–3721, or
SUMMARY:
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Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices
email peter.hanley@onrr.gov. For other
questions, contact Mr. Luis Aguilar,
telephone (303) 231–3418, or email
luis.aguilar@onrr.gov. You may also
contact Mr. Aguilar to obtain copies
(free of charge) of (1) the ICR, (2) any
associated forms, and (3) the regulations
that require the subject collection of
information. You may also review the
information collection request online at
https://www.reginfo.gov/public/do/
PRAMain.
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.
A Federal Register notice with a 60day public comment period soliciting
comments on this collection of
information was published on June 5,
2018 (83 FR 26081); no comments were
received.
We are again 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 to this notice are a matter of
public record. 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
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SUPPLEMENTARY INFORMATION:
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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, and limited enforcement
activities for oil and gas leases in their
jurisdictions. 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.
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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: 30 CFR parts 1227,
1228, and 1229, Delegated and
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Cooperative Activities with States and
Indian Tribes.
OMB Control Number: 1012–0003.
Form Numbers: None.
Type of Review: Extension of
currently approved collection.
Respondents/Affected Public: States
and Indian Tribes.
Total Estimated Number of Annual
Respondents: 9 States and 6 Indian
Tribes.
Total Estimated Number of Annual
Responses: 210.
Estimated Completion Time per
Response: 75.50 hrs.
Total Estimated Number of Annual
Burden Hours: 16,697 hours.
Respondent’s Obligation: Required to
obtain or retain benefit.
Frequency of Collection: Based on the
functions performed, responses are
monthly, quarterly, annually, on
occasion, and varied.
Total Estimated Annual Non-hour
Burden Cost: We have identified no
‘‘non-hour cost’’ burden associated with
this collection of information.
We have not included in our
estimates certain usual and customary
requirements that States and Tribes
perform in the normal course of
business. This 30-day Federal Register
notice burden chart shows an
adjustment decrease of ¥1,008 burden
hours from the previous 30-day notice
published August 25, 2015 (80 FR
51597). The following table shows the
estimated burden hours by CFR section
and paragraph:
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
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–b(1)); 110(c–
e); 111(a–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. ONRR will provide you with technical assistance
and information to help you prepare your delegation proposal.
. . .
200
1
200
16
11
176
4
64
256
940
9
8,460
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) . . .
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR section
Hour burden
per response
Reporting and recordkeeping requirements
Number of
annual
responses
Annual
burden hours
(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 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);
(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 must perform . . .
(4) Timely transmitting production report or royalty report data to
ONRR and other affected Federal agencies . . .
3
40
120
1
1
1
60
8
9
9
540
72
1
1
1
1
1
1
1
1
1
........................
147
9,828
1
200
(6) Providing production data or royalty data to ONRR and other affected Federal agencies. . . .
1227.400(c) .................
1227.601(c) .................
(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 . . .
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).
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.
200
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(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.
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Hour burden
per response
30 CFR section
Reporting and recordkeeping requirements
1228.101(a) ................
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 . . .
1228.101(d) ................
1228.103(a) and (b) ....
Number of
annual
responses
Annual
burden hours
15
6
90
80
1
80
940
6
5,640
1228.105(a)(1) and
(a)(2).
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.
60
6
360
1228.105(c) .................
(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.
20
24
480
........................
44
6,850
Subtotal Burden
for 30 CFR Part
1228.
......................................................................................................
Part 1229—Delegation to States
Subpart C—Oil and Gas, Onshore
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Administration of Delegations
1229.100(a)(1) and
(a)(2).
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 Office of Natural Resources Revenue (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. . . .
1
1
1
1229.101(a) and (d) ....
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.
1
1
1
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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Hour burden
per response
30 CFR section
Reporting and recordkeeping requirements
1229.102(c) .................
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.
1229.103(c) .................
1229.105 .....................
1229.106 .....................
1229.109(a) ................
1229.109(b) ................
Number of
annual
responses
Annual
burden hours
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
4
4
1
1
1
1
1
1
1
1
1
Delegation Requirements
1229.120 .....................
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1229.121 .....................
1229.122 .....................
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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, 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 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 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 ONRR and must be submitted in writing.
17:43 Oct 23, 2018
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53661
Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR section
1229.123(b)(3)(i) .........
1229.124 .....................
1229.125(a) and (b) ....
1229.126(a) and (b) ....
1229.127 .....................
(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 workpaper 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.
(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. . . .
Number of
annual
responses
Annual
burden hours
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Subtotal Burden
for 30 CFR part
1229.
......................................................................................................
........................
19
19
Total Burden ........
......................................................................................................
........................
210
16,697
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.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq).
amozie on DSK3GDR082PROD with NOTICES1
Hour burden
per response
Reporting and recordkeeping requirements
Gregory J. Gould,
Director for Office of Natural Resources
Revenue.
[FR Doc. 2018–23176 Filed 10–23–18; 8:45 am]
BILLING CODE 4335–30–P
VerDate Sep<11>2014
18:42 Oct 23, 2018
Jkt 247001
INTERNATIONAL TRADE
COMMISSION
[USITC SE–18–049]
Government in the Sunshine Act
Meeting Notice
United
States International Trade Commission.
TIME AND DATE: October 31, 2018 at 11:00
a.m.
PLACE: Room 101, 500 E Street SW,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: None.
AGENCY HOLDING THE MEETING:
PO 00000
Frm 00058
Fmt 4703
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2. Minutes.
3. Ratification List.
4. Vote on Inv. Nos. 731–TA–1392
and 1393 (Final)
(Polytetrafluoroethylene (‘‘PTFE’’) Resin
from China and India). The Commission
is currently scheduled to complete and
file its determinations and views of the
Commission by November 9, 2018.
5. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
By order of the Commission.
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]]>Agencies
[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53655-53661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23176]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR-2011-0025; DS63644200 DRT000000.CH7000 190D1113RT, OMB
Control Number 1012-0003]
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; 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,
Interior.
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the Office of Natural Resources Revenue (ONRR), are proposing to renew
an information collection.
DATES: Interested persons are invited to submit comments on or before
November 23, 2018.
ADDRESSES: Send written comments on this information collection request
(ICR) to the Office of Management and Budget's Desk Officer for the
Department of the Interior by email at [email protected]; or
via facsimile to (202) 395-5806. Please provide a copy of your comments
to Mr. Luis Aguilar, Regulatory Specialist, ONRR, P.O. Box 25165, MS
61030A, Denver, Colorado 80225-0165, or email to [email protected].
Please reference OMB Control Number 1012-0003 in your comments.
FOR FURTHER INFORMATION CONTACT: For questions on technical issues,
contact Peter Hanley, STRAC Administration, ONRR, telephone (303) 231-
3721, or
[[Page 53656]]
email [email protected]. For other questions, contact Mr. Luis
Aguilar, telephone (303) 231-3418, or email [email protected] You
may also contact Mr. Aguilar to obtain copies (free of charge) of (1)
the ICR, (2) any associated forms, and (3) the regulations that require
the subject collection of 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.
A Federal Register notice with a 60-day public comment period
soliciting comments on this collection of information was published on
June 5, 2018 (83 FR 26081); no comments were received.
We are again 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 to this notice are a matter of
public record. 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, and limited enforcement activities
for oil and gas leases in their jurisdictions. 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: 30 CFR parts 1227, 1228, and 1229, Delegated
and
[[Page 53657]]
Cooperative Activities with States and Indian Tribes.
OMB Control Number: 1012-0003.
Form Numbers: None.
Type of Review: Extension of currently approved collection.
Respondents/Affected Public: States and Indian Tribes.
Total Estimated Number of Annual Respondents: 9 States and 6 Indian
Tribes.
Total Estimated Number of Annual Responses: 210.
Estimated Completion Time per Response: 75.50 hrs.
Total Estimated Number of Annual Burden Hours: 16,697 hours.
Respondent's Obligation: Required to obtain or retain benefit.
Frequency of Collection: Based on the functions performed,
responses are monthly, quarterly, annually, on occasion, and varied.
Total Estimated Annual Non-hour Burden Cost: We have identified no
``non-hour cost'' burden associated with this collection of
information.
We have not included in our estimates certain usual and customary
requirements that States and Tribes perform in the normal course of
business. This 30-day Federal Register notice burden chart shows an
adjustment decrease of -1,008 burden hours from the previous 30-day
notice published August 25, 2015 (80 FR 51597). The following table
shows the estimated burden hours by CFR section and paragraph:
Respondents' Estimated Annual Burden Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
30 CFR section Reporting and recordkeeping requirements Hour burden annual Annual burden
per response responses hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 1227--Delegation to States
--------------------------------------------------------------------------------------------------------------------------------------------------------
Delegation Proposals
--------------------------------------------------------------------------------------------------------------------------------------------------------
1227.103; 107; 109; 110(a-b(1)); 110(c- What must a State's delegation proposal contain? 200 1 200
e); 111(a-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. 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 terms of your delegation 16 11 176
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 4 64 256
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 responsibilities if it accepts a 940 9 8,460
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) . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 53658]]
..............................................................
(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 about your activities under your 3 40 120
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 adequate reference, royalty, 1 1 1
and production databases. . . .
1227.200(g); 301(e)..................... (g) Develop annual work plans. . . 60 9 540
1227.200(h)............................. (h) Help ONRR respond to requests for information from other 8 9 72
Federal agencies, Congress, and the public . . .
1227.400(a)(4) and (a)(6); 401(d); What functions may a State perform in processing production 1 1 1
501(c). 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 ONRR and other affected Federal agencies . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
(6) Providing production data or royalty data to ONRR and
other affected Federal agencies. . . .
--------------------------------------------------------------------------------------------------------------------------------------------------------
1227.400(c)............................. (c) You must provide ONRR with a copy of any exceptions from 1 1 1
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 responsibilities if it performs automated 1 1 1
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 .............................................................. .............. 147 9,828
...........................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 1228--Cooperative Activities With States and Indian Tribes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subpart C--Oil and Gas, Onshore
--------------------------------------------------------------------------------------------------------------------------------------------------------
1228.100(a) and (b); 101(c); 107(b)..... Entering into an agreement. 200 1 200
(a) . . . Indian Tribe may request the Department to enter
into a cooperative agreement by sending a letter from . . .
tribal chairman . . . to the Director of 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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 53659]]
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 given 60 days to respond to the 80 1 80
notice of deficiencies and to provide a plan for correction
of those deficiencies. . . .
1228.103(a) and (b)..................... Maintenance of records. 940 6 5,640
(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 agreements. 60 6 360
(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 submit a voucher for 20 24 480
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.
-----------------------------------------------
Subtotal Burden for 30 CFR Part 1228 .............................................................. .............. 44 6,850
........................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 1229--Delegation to States
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subpart C--Oil and Gas, Onshore
--------------------------------------------------------------------------------------------------------------------------------------------------------
Administration of Delegations
--------------------------------------------------------------------------------------------------------------------------------------------------------
1229.100(a)(1) and (a)(2)............... Authorities and responsibilities subject to delegation. 1 1 1
(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 Office of Natural Resources Revenue (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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 53660]]
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; termination of delegations. 1 1 1
(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 delegation. 1 1 1
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 delegated authority. 1 1 1
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 by a State under the 1 1 1
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 voucher for reimbursement of 1 4 4
costs incurred within 30 days of the end of each calendar
quarter.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Delegation Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
1229.120................................ 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 ONRR
officials. . . .
1229.121................................ 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 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 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
ONRR and must be submitted in writing.
[[Page 53661]]
(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 enforcement documents. 1 1 1
(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 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.
(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 1229 .............................................................. .............. 19 19
........................................
-----------------------------------------------
Total Burden........................ .............................................................. .............. 210 16,697
........................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
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. 2018-23176 Filed 10-23-18; 8:45 am]
BILLING CODE 4335-30-P
