Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Application Requirements for States and Tribes To Apply for Orphaned Well Site Plugging, Remediation, and Restoration Funding Consideration, and Ongoing State and Tribal Reporting Requirements for Funding Recipients, 66434-66440 [2024-18278]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Pages 66434-66440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18278]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

[220D2641EA; DS61800000; DEA100000.000000. DX61801; OMB Control Number 
1093-0012]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Application 
Requirements for States and Tribes To Apply for Orphaned Well Site 
Plugging, Remediation, and Restoration Funding Consideration, and 
Ongoing State and Tribal Reporting Requirements for Funding Recipients

AGENCY: Office of the Secretary, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
the Office of the Secretary of the Interior (Interior), through the 
Orphaned Wells Program Office (OWPO), proposes to revise an OMB-
approved information collection.

DATES: Interested parties are invited to submit comments on or before 
September 16, 2024.

ADDRESSES: Written comments for the proposed information collection 
should be submitted to www.reginfo.gov/public/do/PRAMain. This 
particular information collection can be found by selecting ``Currently 
under Review--Open for Public Comments'' or by using the search 
function. Please provide a copy of any submitted comments to Jeffrey 
Parrillo, Departmental Information Collection Clearance Officer, U.S. 
Department of the Interior, 1849 C Street NW, Washington, DC 20240, or 
by email to [email protected]. Please reference ``OMB Control Number 
1093-0012 Orphaned Wells Program Office'' in the subject line of any 
comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this proposed information collection, please contact Ron Lev, 
Management

[[Page 66435]]

and Program Analyst, OWPO, by email at [email protected], or by 
phone at (771) 233-5722. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States. The information request can also be 
viewed at www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: In accordance with the PRA and 5 CFR 
1320.10, Interior is again providing the general public and other 
Federal agencies with an opportunity to comment on new, proposed, 
revised, and continuing collections of information. This helps Interior 
assess the impact of its information collection requirements and 
minimize the public's reporting burden. It also helps the public 
understand Interior's information collection requirements and provide 
the requested data in the desired format.

1. Prior 60-Day Public Comment Period That Ran Through July 1, 2024

    A Federal Register notice was published on May 2, 2024, which 
solicited comments on this proposed information collection. See 89 FR 
35849. Interested parties were invited to submit comments on or before 
July 1, 2024. One Tribal Nation stated it did not have concerns with 
the proposed information collection. A total of 13 other parties 
jointly submitted comments, which are discussed immediately below.

2. Comments Submitted by the 13 Parties and Interior's Response

    Public comments: The commenters recommended that the Consolidated 
Workplan be expanded to request more information on States' definitions 
of orphaned well, and processes for recouping remediation costs and 
redeeming financial assurances. The commenters reasoned that this is 
necessary because, for State and private lands, Interior did not 
provide a standardized definition of the term orphaned well. The 
commenters also stated that ``This absence of a standardized definition 
has created opportunities for states--intentionally or otherwise--to 
use federal grant funds to plug wells for which there is a solvent, 
financially responsible party.''
    Interior's Response: As part of their applications or technical 
reports, States generally submit the information discussed by the 
commenters. States are also required to maintain records that support 
the contents of their applications, including showing the that the 
actions are consistent with the State's submitted certifications 
concerning the use of available financial assurance to cover plugging, 
reclamation, and restoration costs. States are also required to 
maintain records that demonstrate that the uses of awarded federal 
funds are consistent with the BIL and other federal law and 
authorities.
    The term orphaned well is defined in Section 40601(a)(5) of the 
BIL. For State or private lands, the statutory definition of orphaned 
wells adopts the applicable definition under state law. Interior's 
approach is consistent with the text of the BIL.
    While Interior defers to State law as to what constitutes an 
orphaned well, States that use awarded federal funds to plug non-
orphaned wells may be subject to negative consequences. Similarly, 
States failing to use available financial assurance to cover the cost 
of plugging, remediation, and/or reclamation may also be subject to 
negative consequences.
    Public comments: The commenters requested that Interior collect 
additional information concerning costs of plugging wells, contracting 
processes, qualifications of contractors, and the actual well plugging 
practices.
    Interior's Response: Interior receives relevant information 
concerning State law and other authorities that concern well-plugging 
practices. Interior requires that a State with established and 
documented well plugging standards and regulations require their 
contractors to meet those standards and regulations. For States that do 
not have established well plugging standards, Interior requires that 
the work meet or exceed the plugging standards in either 43 CFR 
3172.12, for onshore wells, or 30 CFR part 250, for offshore wells. 
Interior also monitors awarded funds, consistent with 2 CFR part 200 
and other federal law and authorities, and samples wells to verify that 
contractors adhered to the relevant plugging standards.
    Interior intends to collect well plugging standards and procedures 
and reward States for strengthening those standards and procedures. 
Interior may also collect State program information that concerns 
orphaned wells, including contracting procedures, the qualification of 
contractors, and the costs of plugging, reclamation, and/or 
restoration.
    Public comments: For Plugging Standards RIG applications, the 
commenters suggested that Interior collect additional information that 
concerns State documentation of plug quality and integrity. Similarly, 
for Program Standards RIG applications, the commenters suggested that 
Interior collect additional information with respect to State financial 
assurance requirements.
    Interior's Response: Interior proposes to collect State 
requirements for plug quality and integrity as part of its Plugging 
Standards RIG program. Interior also proposes to collect information on 
whether a State adopts full-cost well financial assurance requirements, 
and information on whether a State's financial assurance requirements 
account for field or area risks, technical risks, financial risks, and/
or aggregate risks associated with multiple-well assurance for Program 
Standards RIGs.
    Public comments: In addition to the information discussed in the 
previous comments, the commenters suggest that Interior collect 
information that concerns State plugging and idling triggers and 
requirements of well transfers. The commenters also suggested 
additional items for the two Scoresheets.
    Interior's Response: In 2021, the Interstate Oil and Gas Compact 
Commission (IOGCC) published Idle and Orphan Oil and Gas Wells: State 
and Provincial Regulatory Strategies. The 2021 IOGCC report stated that 
``the primary purpose of this report is to help states and provinces 
evaluate their idle- and orphan-well programs and identify useful 
regulatory tools and strategies from other jurisdictions.'' The 2021 
IOGCC report updated a 2019 report, which the IOGCC stated ``served as 
a useful reference in the development of federal legislation.''
    On October 20, 2023, Request for Information to Inform the Orphaned 
Wells Program Office's Development of Regulatory Improvement Grants 
Under the Bipartisan Infrastructure Law was published in the Federal 
Register (RFI). See 88 FR 72528. A total of 20 parties submitted 
responses to the RFI, including the IOGCC, 13 states, 5 environmental 
groups, and 1 anonymous party.
    Interior utilized comments it received in response to the RFI, the 
2021 IOGCC report, and other IOGCC reports to develop the two RIG 
programs. Consequently, Interior considers the categories and 
subcategories under which States are evaluated as part of the two 
programs to be comprehensive.
    Public comments: For the Consolidated Workplan, the 13 commenters 
supported the remaining 22 items, which are not discussed above. The 
commenters also supported the remaining 9 Plugging Standards RIG and

[[Page 66436]]

7 Program Standards RIG items that Interior proposes to collect.
    Interior's Response: Interior appreciates the commenters' support 
of Interior's efforts to develop and administer financial assistance 
programs to create a legacy of environmental stewardship.

3. 30-Day Public Comment Period

    As part of Interior's continuing effort to reduce paperwork and 
respondent burdens, it is again soliciting comments from the public and 
other federal agencies on the proposed information collection request 
that is described below. Interior is especially interested in public 
comment addressing the following:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of Interior's estimate of the burden for this 
collection of information, including the validity of the methodology 
and assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) How might Interior minimize the burden of the collection of 
information on those who are to respond, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of response.
    Comments submitted in response to this notice are a matter of 
public record. Before including any address, phone number, email 
address, or other personal identifying information in a comment, a 
commenter should be aware that the entire comment--including any 
personal identifying information--may be made publicly available at any 
time. While a commenter can request the withholding of personal 
identifying information from public review, Interior cannot guarantee 
that it will be able to do so.
    Abstract: Infrastructure Investment and Jobs Act (Pub. L. 117-58) 
(November 15, 2021), which is also known as the Bipartisan 
Infrastructure Law (BIL), Section 40601, ``Orphaned well site plugging, 
remediation, and restoration,'' amends Section 349 of the Energy Policy 
Act of 2005 (42 U.S.C. 15907). Section 40601 designates Interior as the 
key agency responsible for implementing grant and other financial 
assistance programs for applicable government entities to fund 
plugging, remediation, and reclamation of orphaned wells and well sites 
located on lands covered by the BIL. The associated investments will 
rebuild America's critical infrastructure, tackle the climate crisis, 
advance environmental justice, and drive the creation of good-paying 
union jobs.
    Interior will issue financial assistance through grant awards to 
State and Tribal governments under Assistance Listing (CFDA) program 
15.018 Energy Community Revitalization Program (ECRP). With respect to 
Tribal In Lieu of Grant Assistance, OWPO will coordinate with the 
Bureau of Indian Affairs. The authority for the above assistance is the 
Infrastructure Investment and Jobs Act, Division D, Title VI, Section 
40601.
    The types of assistance contained in Section 40601 are as follows:

1. Initial Grants to States
2. Formula Grants to States
3. Performance Grants to States, which includes:
     Regulatory Improvement Grants to States
     Matching Grants to States
4. Grants to Tribes and Tribal In Lieu of Grant Assistance

    The BIL requires Interior to collect information necessary to 
ensure that awarded grant and other funds authorized by this 
legislation are used in accordance with the BIL, Office of Management 
and Budget Guidance for Grants and Agreements (i.e., 2 CFR part 200) 
and other applicable federal law and authorities. Interior anticipates 
that information will be collected by the OWPO, which has and will 
issue guidance concerning the above assistance programs. Interior seeks 
OMB approval of the proposed information collection to manage and 
monitor financial assistance applications and awards to ensure that 
States and Tribes comply with the BIL, 2 CFR part 200, and other 
applicable federal law and authorities.

Consolidated Workplan

    Interior proposes to collect the following from all State and 
Tribal grant applicants, unless noted otherwise, as part of each 
entity's consolidated workplan:
    (a) An applicant's process for determining a well has been 
orphaned, including what efforts will be made to redeem financial 
assurances or otherwise recoup remediation costs from any responsible 
parties;
    (b) A description of an applicant's plugging standards, including 
the witnessing requirements (e.g., qualifications of witness, 
documentation);
    (c) An applicant's prioritization process for evaluating and 
ranking orphan wells and associated surface reclamation, including 
criteria, weighting, and how such prioritization will address resource 
and financial risk, public health and safety, potential environmental 
harm (including methane emissions where applicable), and other land use 
priorities;
    (d) If no prioritization process currently exists, an applicant's 
description of its plans to develop and implement a prioritization 
process;
    (e) Details of how a State applicant will identify and address any 
disproportionate burden of adverse human health or environmental 
effects of orphaned wells on disadvantaged communities, low-income 
communities, and Tribal and indigenous communities;
    (f) How applicants will identify and incorporate into their work 
plans health, safety, habitat, and environmental benefits of plugging, 
remediating, or reclamation of orphaned wells (Proposed revision);
    (g) The methodology to be used by the applicant to measure and 
track methane and other gases associated with orphaned wells, including 
how the applicant will confirm the effectiveness of plugging activities 
in reducing or eliminating such emissions;
    (h) The methodology to be used by the applicant to measure and 
track contamination of groundwater and surface water associated with 
orphaned wells, including how the applicant will confirm the 
effectiveness of plugging activities in reducing or eliminating such 
contamination;
    (i) The methodology to be used to decommission or remove associated 
pipelines, facilities, and infrastructure and to remediate soil and 
restore habitat that has been degraded due to the presence of orphaned 
wells and associated infrastructure;
    (j) Methods the applicant will use to solicit recommendations from 
local officials and the public regarding the prioritization of well 
plugging and site remediation activities, and any other processes the 
applicant will use to solicit feedback on the program from local 
officials and the public;
    (k) Latitude/Longitude and all other data elements and associated 
units of measure as indicated in State and Tribal data reporting 
templates. See the Data Associated with Wells Plugged Using Federal BIL 
Funds portion of this proposed information collection;
    (l) How the applicant will use funding to locate currently 
undocumented orphaned wells;
    (m) Plans the applicant has to engage third parties in partnerships 
around well plugging and site remediation, or

[[Page 66437]]

any existing similar partnerships the applicant currently belongs to;
    (n) Training programs, registered apprenticeships, and local and 
economic hire agreements for workers the applicant intends to conduct 
or fund in well plugging or site remediation;
    (o) Plans the applicant has to support opportunities for all 
workers, including workers underrepresented in well plugging or site 
remediation, to be trained and placed in good-paying jobs directly 
related to the project;
    (p) For State applicants, plans the State applicant has to 
incorporate equity for underserved communities into their planning, 
including supporting the expansion of high-quality, good paying jobs 
through workforce development programs and incorporating workforce 
strategy into project development;
    (q) Procedures the applicant will use to coordinate with federal, 
State, or Tribal agencies to determine whether efficiencies may exist 
by combining field survey, plugging, or surface remediation work across 
lands covered by the BIL;
    (r) The applicant's authorities to enter private property, or an 
applicant's procedures to obtain landowner consent to enter private 
property, in the event that any wells to be plugged will be accessed 
from privately owned surface;
    (s) A work schedule covering the period of performance for the 
grant;
    (t) If applicable, a federally approved Indirect Cost Rate 
Agreement or statement regarding applicant's intention to negotiate or 
utilize the de minimis rate;
    (u) How an applicant will assist Interior to ensure that activities 
funded by the grant it applied for will comply with relevant federal 
law and authorities, such as the Endangered Species Act of 1973, as 
amended (ESA), and the National Historic Preservation Act, as amended 
(NHPA) (Proposed revision);
    (v) For Performance Grants, how a State applicant will place a 
higher priority on the use of the federal funds to lower unemployment 
in the State, including workforce development activities related to 
orphaned well plugging, remediation, and reclamation (Proposed 
revision); and
    (w) For Performance Grants, how a State applicant will place a 
higher priority on the use of the federal funds to improve economic 
conditions in economically distressed areas of the State, provided that 
the use of the funds is related to orphaned well plugging, remediation, 
and reclamation (Proposed revision).

Regulatory Improvement Grants--State Applicants Only (Proposed 
Revision)

    Under Section 40601(c)(5)(E)(i), a Regulatory Improvement Grant 
(RIG) may be awarded to an eligible State if either: (1) ``The State 
has strengthened plugging standards and procedures designed to ensure 
that wells located in the State are plugged in an effective manner that 
protects groundwater and other natural resources, public health and 
safety, and the environment'' (Plugging Standards RIG); or (2) ``The 
State has made improvements to State programs designed to reduce future 
orphaned well burdens, such as financial assurance reform, alternative 
funding mechanisms for orphaned well programs, and reforms to programs 
relating to well transfer or temporary abandonment'' (Program Standards 
RIG). In addition to a consolidated workplan, and other information 
required from RIG applicants that is discussed in this proposed 
information collection, Interior proposes to collect the following from 
applicants.
    For Plugging Standards RIGs: Interior proposes to collect from 
Plugging Standards RIG applicants information pertaining to their 
statutes, regulations, policies, and procedures, which were implemented 
during the 10-year period specified in the BIL, that demonstrate the 
``State has strengthened plugging standards and procedures designed to 
ensure that wells located in the State are plugged in an effective 
manner that protects groundwater and other natural resources, public 
health and safety, and the environment.'' The list, (a) through (j), 
below, are examples of information Interior proposes to collect. In 
determining whether a ``State has strengthened plugging standards and 
procedures,'' Interior may request additional types of information.
    (a) Drilling well construction, and the resulting actual or 
anticipated positive effects, or documentation, that demonstrate the 
State's intent to ensure that wells located in the State are plugged in 
an effective manner that protects groundwater and other natural 
resources, public health and safety, and the environment.
    (b) Allowable well control equipment to manage actions of 
perforating, cutting/pulling of casing, or retrieving seal assemblies, 
and the resulting actual or anticipated positive effects, or 
documentation, that demonstrate the State's intent to ensure that wells 
located in the State are plugged in an effective manner that protects 
groundwater and other natural resources, public health and safety, and 
the environment.
    (c) Allowable barrier types, and the resulting actual or 
anticipated positive effects, or documentation, that demonstrate the 
State's intent to ensure that wells located in the State are plugged in 
an effective manner that protects groundwater and other natural 
resources, public health and safety, and the environment.
    (d) Allowable barrier placement locations, and the resulting actual 
or anticipated positive effects, or documentation, that demonstrate the 
State's intent to ensure that wells located in the State are plugged in 
an effective manner that protects groundwater and other natural 
resources, public health and safety, and the environment.
    (e) Allowable barrier placement techniques, and the resulting 
actual or anticipated positive effects, or documentation, that 
demonstrate the State's intent to ensure that wells located in the 
State are plugged in an effective manner that protects groundwater and 
other natural resources, public health and safety, and the environment.
    (f) Wellbore integrity and barrier verification, and the resulting 
actual or anticipated positive effects, or documentation, that 
demonstrate the State's intent to ensure that wells located in the 
State are plugged in an effective manner that protects groundwater and 
other natural resources, public health and safety, and the environment.
    (g) Spacer medium between well barriers, and the resulting actual 
or anticipated positive effects, or documentation, that demonstrate the 
State's intent to ensure that wells located in the State are plugged in 
an effective manner that protects groundwater and other natural 
resources, public health and safety, and the environment.
    (h) Wellbore capping requirements, and the resulting actual or 
anticipated positive effects, or documentation, that demonstrate the 
State's intent to ensure that wells located in the State are plugged in 
an effective manner that protects groundwater and other natural 
resources, public health and safety, and the environment.
    (i) Plugging procedure approval requirements, plugging procedure 
changes, plugging operations notification requirements, post-plugging 
reporting requirements, alternative materials or methods, and the 
resulting actual or anticipated positive effects of these changes, or 
documentation, that demonstrate the State's intent to ensure that wells 
located in the State are plugged in an effective manner that

[[Page 66438]]

protects groundwater and other natural resources, public health and 
safety, and the environment.
    (j) Internal inspection and oversight, and long-term monitoring of 
plugged wells processes, and the resulting actual or anticipated 
positive effects, or documentation, that demonstrate the State's intent 
to ensure that wells located in the State are plugged in an effective 
manner that protects groundwater and other natural resources, public 
health and safety, and the environment.
    For Program Standards RIGs: Interior proposes to collect from 
Program Standards RIG applicants information pertaining to their 
statutes, regulations, policies, and procedures, which were implemented 
during the 10-year period specified in the BIL, that demonstrate the 
``State has made improvements to State programs designed to reduce 
future orphaned well burdens, such as financial assurance reform, 
alternative funding mechanisms for orphaned well programs, and reforms 
to programs relating to well transfer or temporary abandonment.'' The 
list, (a) through (g), below, are examples of information Interior 
proposes to collect. In determining whether a ``State has made 
improvements to State programs designed to reduce future orphaned well 
burdens,'' Interior may request additional types of information.
    (a) Liable parties, scope of liability, and state access (e.g., 
non-operator liable parties, predecessor in interest liability, and 
state targeting of liable parties through increased or enhanced 
enforcement), and the resulting actual or anticipated positive effects, 
or documentation, that demonstrate the State's intent to reduce future 
orphaned well burdens.
    (b) Transfers of interest (e.g., notice of transfer to state from 
transferor and transferee, state assessment of transferor and/or 
transferee, and transferor maintenance of assurance), and the resulting 
actual or anticipated positive effects, or documentation, that 
demonstrate the State's intent to reduce future orphaned well burdens.
    (c) Financial Assurance (e.g., bonding adjusted for field, well, or 
operator risks), and the resulting actual or anticipated positive 
effects, or documentation, that demonstrate the State's intent to 
reduce future orphaned well burdens, including considerations for idle, 
marginal, and producing wells.
    (d) Non-assurance State financial protections and plugging 
incentives (e.g., fees, taxes, penalties (including increased or 
enhanced enforcement), and incentives), and the resulting actual or 
anticipated positive effects, or documentation, that demonstrate the 
State's intent to reduce future orphaned well burdens, including 
considerations for idle, marginal, and producing wells.
    (e) Reporting and public notice of orphaned or potentially orphaned 
wells (e.g., reporting mechanisms, for responsible parties, online 
notice of aggregate financial assurance, and online notice of marginal, 
orphaned, and all other wells by responsible party), and the resulting 
actual or anticipated positive effects, or documentation, that 
demonstrate the State's intent to reduce future orphaned well burdens, 
including considerations for idle, marginal, and producing wells.
    (f) Consideration for air, groundwater, and other natural 
resources, as well as public safety and environmental justice (e.g., 
considerations for surface and groundwater or soil, including hazardous 
materials or other contamination, special considerations for oil and 
gas wells converted to water wells, and considerations for public 
safety and environmental justice), and the resulting actual or 
anticipated positive effects, or documentation, that demonstrate the 
State's intent to reduce future orphaned well burdens, including 
considerations for idle, marginal, and producing wells.
    (g) Orphaned-wells-related internal and external workforce 
development (e.g., State internal workforce enhancements, State 
contracting process, and oversight of State vendors, including 
certificate programs), and the resulting actual or anticipated positive 
effects, or documentation, that demonstrate the State's intent to 
reduce future orphaned well burdens.
    For both Plugging Standards and Program Standards Applications: For 
all Plugging Standards and Program Standards RIG applicants, Interior 
also proposes to collect the following:
    Scoring Template: A list of questions related to the specific type 
of RIG they are applying for in a scoring template (e.g., ``Yes'' or 
``No''). Applicants will also need to provide support for the scoring 
template that they submit.
    Interior will use the requested information to determine grant 
eligibility, including eligible amount, and to ensure that program 
objectives are being met, evaluate the applicant's readiness to 
obligate grant funds, and evaluate the applicant's approach to execute 
grant objectives and the grant-funded work that will be monitored by 
Interior.

Grant Applications

    Interior proposes to collect the following additional elements from 
applicants:
     Standard forms (SF) from the SF-424 Series: Applicants 
must submit the following SF-424 series of forms:
    [cir] SF-424, Application for Federal Assistance;
    [cir] SF-424A, Budget Information for Non-Construction Programs or 
SF-424C, Budget Information for Construction Programs;
    [cir] SF-424B, Assurances for Non-Construction Programs, or SF-
424D, Assurances for Construction Programs;
    [cir] SF-428, Tangible Personal Property Report; and
    [cir] SF-LLL, Disclosure of Lobbying Activities, when applicable.
     Indirect Cost Statement: If requesting reimbursement for 
indirect costs, all applicants must include in their application a 
statement regarding how they anticipate charging indirect costs.
     Budget Narrative and/or Template: Applicants must provide 
a narrative and/or template that describes and justifies, with 
sufficient detail, the requested budget items and costs, and provides a 
description of how the applicant determined its totals by cost category 
in their application (Proposed revision).
     Negotiated Indirect Cost Rate Agreement (NICRA): When 
applicable, a copy of the applicant's current federal-agency-approved 
Negotiated Indirect Cost Rate Agreement is required.
     Single Audit Reporting Statement: All U.S. governmental 
entities and non-profit applicants must submit a statement regarding 
their single audit reporting status.
     Conflict of Interest Disclosures: Applicants must notify 
the Interior in writing of any actual or potential conflicts of 
interest known at the time of application or that may arise during the 
life of this award, in the event the Interior makes an award to the 
entity.
     Certification Statement: State applicants for the Initial 
Grant part of this program must provide a signed State Certification 
statement consistent with Section 40601(c)(3)(A)(ii)(III) or 
40601(c)(3)(A)(i)(II) of the BIL. State and Tribal Applicants may also 
be required to submit other certifications for other grant programs, 
consistent with guidance issued by the OWPO.

Tribal in Lieu of Grant Assistance Requests--Tribal Applicants Only 
(Proposed Revision)

    Tribes, in lieu of grant assistance, may request that Interior 
administer and carry out plugging, remediation, and reclamation 
activities related to eligible orphaned wells on behalf of the Tribe. 
Interior proposes to collect the

[[Page 66439]]

following information to evaluate and administer such requests:
     A letter of request for assistance, from the Tribe, 
bearing the signature of the authorized representative of the Tribe's 
governing body;
     A description of activities (e.g., plugging and 
abandonment, remediation, and/or reclamation) for which the Tribe is 
requesting assistance;
     A brief description of the Tribe's territories, including 
the number and locations of known orphan wells; and
     A summary of known supporting data or information, 
including existing inventories and assessments and environmental 
compliance documents.

Amendments

    For many budget and program plan revisions, 2 CFR part 200 requires 
recipients submit revision requests to the federal awarding agency in 
writing for prior approval. Interior reviews such requests received to 
determine the eligibility and allowability of new or revised activities 
and costs and approves certain items of cost.

Reporting/Recordkeeping Requirements

    To ensure that activities funded by Section 40601 are consistent 
with the BIL, 2 CFR part 200, and other federal law and authorities, 
Interior proposes to collect the following information from all grant 
and other funding recipients:
     Financial Reports: Recipients are required to submit all 
financial reports on the Standard Form 425, Federal Financial Report. 
Recipients must submit financial reports in accordance with 2 CFR part 
200. The frequency of submission may vary but will typically be 
annually or semi-annually. Interior, however, may require submission of 
financial reports more frequently in certain circumstances, such as 
where more frequent reporting is necessary for the effective monitoring 
of the federal award or could significantly affect program outcomes 
(Frequency is proposed revision).
     Performance Reports: Recipients must submit performance 
reports in accordance with 2 CFR part 200. This information is 
necessary for Interior to track accomplishments and performance-related 
data. Interior uses these reports to ensure that the recipient is 
accomplishing its work on schedule, and to identify any problems that 
the recipient may be experiencing in accomplishing the work. While the 
frequency of performance reporting may vary, recipients typically will 
be required to submit their performance reports annually or semi-
annually. Interior, however, may require the submission of these 
reports more frequently in certain circumstance, such as where more 
frequent reporting is necessary for the effective monitoring of the 
federal award or could significantly affect program outcomes (Frequency 
is proposed revision). Performance reports must include:
    [cir] A comparison of actual accomplishments to the goals and 
objectives established for the reporting period, the results/findings, 
or both;
    [cir] If the goals and objectives were not met, the reasons why, 
including analysis and explanation of cost overruns or high unit costs 
compared to the benefit received to reach an objective;
    [cir] Performance trend data and analysis to be used by the 
awarding program to monitor and assess recipient and federal awarding 
program performance;
    [cir] Consolidated long-term work plan and accomplishments updates, 
when award is part of a large scale or long-term effort funded under 
multiple awards over time; and
    [cir] Other information that Interior requires to track State and 
Tribal accomplishments, collect performance-related data, identify and 
risks and failure to achieve certain milestones, and is otherwise 
necessary to ensure that the State's or Tribe's actions comply with the 
relevant guidance issued by the OWPO (Proposed revision).
     Final 15-month Report for State Initial Grants: As 
required in the BIL, State recipients under the Initial Grants part of 
the program must submit a report no later than 15 months after the date 
on which the State receives the funds, describing the means by which 
the State used the funds in accordance with its application and 
certification, and including the reporting parameters described in this 
guidance.
     Recordkeeping Requirements: Recipients must retain 
financial records, supporting documents, statistical records, and all 
other records pertinent to a federal award, per 2 CFR part 200 
requirements.
     Data Associated with Wells Plugged Using Federal BIL 
Funds: Recipients must periodically provide data, which upon Interior's 
request, may include pictures, video, or other media, for any well 
plugged with BIL funds. This may include data associated with 
reclamation or restoration of land or infrastructure associated with a 
well (Proposed revision).
    Upon request, but no more frequently than annually, recipients must 
submit requested information related to aggregate orphaned-well data 
(e.g., the total number of documented orphaned wells located in a 
State, and the rationale for why the orphaned well inventory has 
increased or decreased during a certain time period). Interior will use 
this information to evaluate the effectiveness of the programs funded 
by the BIL.
     Information Concerning State or Tribal Unmet Needs: When 
requested, States and Tribes must submit requested information related 
to unmet needs for orphaned well plugging, the decommission or removal 
of the associated infrastructure, and the restoration and reclamation 
of the lands, surface water, ground water, or other natural resources 
that are impacted or potentially impacted. States or Tribes may also be 
required to provide information regarding employment and economically 
distressed areas, or environmental justice (Proposed revision).
     Compliance with Environmental and Other Statutes: 
Recipients must submit information to Interior to allow Interior to 
ensure that federal BIL funds are utilized in a manner that is 
consistent applicable federal law, such as the ESA and NHPA, and other 
authorities and policy (Proposed revision).
     Change in RIG Eligibility (Scoring Template): During the 
ten-year period that begins on the date of receipt of the grant funds, 
each RIG recipient must periodically (e.g., annually) submit an updated 
Scoring Template. This submission will allow Interior to ensure that 
the State recipient is not required to reimburse Interior for all or a 
portion of its RIG for ``failure to maintain protections,'' under 
Section 40601(c)(5)(E)(iii). Recipients will also be required to submit 
documentation that supports any changes between the submitted Scoring 
Template and the one that was previously submitted (Proposed revision).
    Interior also proposes to rename the information collection from 
Application Requirement for States to Apply for Orphaned Well Site 
Plugging, Remediation, and Restoration Grant Consideration to 
Application Requirements for States and Tribes to Apply for Orphaned 
Well Site Plugging, Remediation, and Restoration Funding Consideration, 
and Ongoing State and Tribal Reporting Requirements for Funding 
Recipients (Proposed revision).
    Title of Collection: Application Requirements for States and Tribes 
to Apply for Orphaned Well Site Plugging, Remediation, and Restoration 
Funding Consideration, and Ongoing State and Tribal Reporting 
Requirements for Funding Recipients.
    OMB Control Number: 1093-0012.

[[Page 66440]]

    Form Number: None.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: Up to 92 (27 State and 65 Tribal 
governments).
    Total Estimated Number of Annual Respondents: 524 (relating to 9 
different activities).
    Total Estimated Number of Annual Responses: 1,011 (relating to 9 
different activities).
    Estimated Completion Time per Annual Response: Varies from 1 to 40 
hours, depending on activity.
    Total Estimated Number of One-Time Respondents: 54 (relating to 2 
different activities).
    Total Estimated Number of One-time Responses: 108 (relating to 2 
different activities).
    Estimated Completion Time per One-time Response: Varies from 1 to 
24 hours, depending on activity.
    Total Estimated Number of Tribal In Lieu of Grant Respondents: 3.
    Total Estimated Number of Tribal In Lieu of Grant Responses: 3.
    Estimated Completion Time per One-time Response: 8 hours.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Non-hour Burden Cost: None.
    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 PRA and 5 CFR 1320.10.

Jeffrey Parrillo,
Departmental Information Collection Clearance Officer.
[FR Doc. 2024-18278 Filed 8-14-24; 8:45 am]
BILLING CODE 4334-63-P