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0008_76 FR 70484_11-14-2011.pdf

30 CFR Part 1218, Collection of Monies Due the Federal Government

30-day FRN

OMB: 1012-0008

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70484

Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Notices

Bob
Kirby, Superintendent, Gettysburg
National Military Park, 1195 Baltimore
Pike, Suite 100, Gettysburg,
Pennsylvania 17325.
SUPPLEMENTARY INFORMATION: The
meeting will be open to the public. Any
member of the public may file with the
Commission a written statement
concerning agenda items. The statement
should be addressed to the Gettysburg
National Military Park Advisory
Commission, 1195 Baltimore Pike, Suite
100, Gettysburg, Pennsylvania 17325.
FOR FURTHER INFORMATION CONTACT:

Dated: November 1, 2011.
Bob Kirby,
Superintendent, Gettysburg NMP/Eisenhower
NHS.
[FR Doc. 2011–29205 Filed 11–10–11; 8:45 am]
BILLING CODE P

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0009]

Agency Information Collection
Activities: Submitted for Office of
Management and Budget Review;
Comment Request
Office of Natural Resources
Revenue, Interior.
ACTION: Notice of an extension of a
currently approved information
collection.
AGENCY:

To comply with the
Paperwork Reduction Act of 1995
(PRA), the Office of Natural Resources
Revenue (ONRR) is notifying the public
that we have submitted to the Office of
Management and Budget (OMB) an
information collection request (ICR) to
renew approval of the paperwork
requirements in the regulations under
30 CFR part 1218. This notice also
provides the public a second
opportunity to comment on the
paperwork burden of these regulatory
requirements.
DATES: Submit written comments on or
before December 14, 2011.
ADDRESSES: Submit written comments
by either FAX (202) 395–5806 or email
([email protected]) directly to
the Office of Information and Regulatory
Affairs, OMB, Attention: Desk Officer
for the Department of the Interior (OMB
Control Number 1012–0008).
Please also submit a copy of your
comments to ONRR by one of the
following methods:
• Electronically go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ONRR–
2011–0009, and then click search.

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SUMMARY:

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Follow the instructions to submit public
comments. We will post all comments.
• Mail comments to Hyla Hurst,
Regulatory Specialist, Office of Natural
Resources Revenue, P.O. Box 25165, MS
61013C, Denver, Colorado 80225. Please
reference ICR 1012–0008 in your
comments.
• Hand-carry comments or use an
overnight courier service. Our courier
address is Building 85, Room A–614,
Denver Federal Center, West 6th Ave.
and Kipling St., Denver, Colorado
80225. Please reference ICR 1012–0008
in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla
Hurst, telephone (303) 231–3495, or
email [email protected]. You may
also contact Hyla Hurst to obtain copies,
at no cost, of (1) the ICR, (2) any
associated forms, and (3) the regulations
that require the subject collection of
information. You may also review the
information collection request online at
http://www.reginfo.gov/public/do/
PRAMain.
SUPPLEMENTARY INFORMATION: Title: 30
CFR part 1218, Collection of Monies
Due the Federal Government.
OMB Control Number: 1012–0008.
Bureau Form Number: Form ONRR–
4425.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for mineral resource development on
Federal and Indian lands and the Outer
Continental Shelf (OCS). The Secretary
is required by various laws to manage
mineral resource production from
Federal and Indian lands and the OCS,
collect the royalties and other mineral
revenues due, and distribute the funds
collected in accordance with applicable
laws. The Secretary also has a trust
responsibility to manage Indian lands
and seek advice and information from
Indian beneficiaries. The ONRR
performs the minerals revenue
management functions for the Secretary
and assists the Secretary in carrying out
the Department’s trust responsibility for
Indian lands. Public laws pertaining to
mineral leases on Federal and Indian
lands are posted on our Web site at
http://www.onrr.gov/Laws_R_D/
PublicLawsAMR.htm.
Minerals produced from Federal and
Indian leases vary greatly in the nature
of occurrence, production, and
processing methods. 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

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the lessor relative to the disposition of
the leased minerals. Such information is
generally available within the records of
the lessee or others involved in
developing, transporting, processing,
purchasing, or selling such minerals.
The information collected includes data
necessary to ensure that production is
accurately valued and royalties are
appropriately paid.
This ICR covers unique reporting
circumstances including (1) cross-lease
netting in calculation of late-payment
interest; (2) designation of a designee;
and (3) and tribal permission for
recoupment on Indian oil and gas
leases.
Cross-Lease Netting in Calculation of
Late-Payment Interest
Regulations at 1218.54 require ONRR
to assess interest on unpaid or
underpaid amounts. The ONRR
distributes these interest revenues to
states, Indian tribes, and the U.S.
Treasury, based on financial lease
distribution information. Current
regulations at 1218.42 provide that an
overpayment on a lease or leases may be
offset against an underpayment on a
different lease or leases to determine the
net payment subject to interest, when
certain conditions are met. This is
called cross-lease netting. However,
sections 6(a), (b), and (c) of the Royalty
Simplification and Fairness Act (RSFA)
require ONRR to pay interest on lessees’
Federal oil and gas overpayments made
on or after February 13, 1997 (6 months
after the August 13, 1996, enactment of
RSFA). The ONRR implemented this
RSFA provision in 1997 and began
calculating interest on both
underpayments and overpayments for
Federal oil and gas leases, making the
cross-lease netting provisions at 1218.42
no longer applicable for these leases.
Lessees must comply with the
provisions at 30 CFR 1218.42(b) and (c)
for Indian tribal leases or Federal leases
other than oil and gas. They must
demonstrate that cross-lease netting is
correct by submitting production
reports, pipeline allocation reports, or
other similar documentary evidence.
This information is necessary for ONRR
to determine the correct amount of
interest the lessee owes and to ensure
that we collect in full all monies owed
the Federal Government.
Designation of Designee
Requirements of RSFA established
that owners of, primarily, operating
rights or, secondarily, lease record title
(both referred to as ‘‘lessees’’) are
responsible for making royalty and
related payments on Federal oil and gas
leases (see 30 CFR 1218.52). It is

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70485

Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Notices
common, however, for a payor rather
than a lessee to make these payments.
When a payor makes payments on
behalf of a lessee, RSFA section 6(g)
requires that the lessee designate the
payor as its designee and notify ONRR
of this arrangement in writing. We
designed Form ONRR–4425,
Designation Form for Royalty Payment
Responsibility, to request all the
information necessary for lessees to
comply with these RSFA requirements
when choosing to designate an agent to
pay for them. We require this
information to ensure proper mineral
revenue collection.
Tribal Permission for Recoupment on
Indian Oil and Gas Leases
In order to report cross-lease netting
on Indian oil and gas leases, lessees
must also comply with regulations at 30
CFR 1218.53(b), allowing only lessees
with written permission from the tribe
to recoup overpayments on one lease

against a different lease for which the
tribe is the lessor. The payor must
provide ONRR with a copy of the tribe’s
written permission. Generally, a payor
may recoup an overpayment against the
current month’s royalties or other
revenues owed on the same tribal lease.
For any month, a payor may not recoup
more than 50 percent of the royalties or
other revenues owed in that month,
under an individual allotted lease, or
more than 100 percent of the royalties
or other revenues owed in that month,
under a tribal lease. Lessees report oil
and gas lease recoupments on Form
MMS–2014, Report of Sales and Royalty
Remittance (which will be renumbered
as Form ONRR–2014, as we update our
forms and form numbers in the
regulations). The burden hours are
covered under ICR 1012–0004.
OMB Approval
We are requesting OMB’s 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 loss of royalty payments. Proprietary
information submitted is protected, and
there are no questions of a sensitive
nature included in this information
collection.
Frequency: On occasion.
Estimated Number and Description of
Respondents: 1,630 Federal and Indian
lessees.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 1,255
hours.
We have not included in our
estimates certain requirements
performed in the normal course of
business and considered usual and
customary. The following chart shows
the estimated burden hours by CFR
section and paragraph:

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation 30 CFR part
1218

Reporting and recordkeeping requirement

Hour burden

Average
number of
annual
responses

Annual
burden
hours

Subpart A—General Provisions—Cross-lease netting in calculation of late-payment interest.
1218.42 (b) and (c) .......

Cross-lease netting in calculation of late-payment interest. (b) Royalties
attributed to production from a lease or leases which should have been
attributed to production from a different lease or leases may be offset
* * * if * * * the payor submits production reports, pipeline allocation
reports, or other similar documentary evidence pertaining to the specific production involved which verifies the correct production information * * * (c) If ONRR assesses late-payment interest and the payor
asserts that some or all of the interest is not owed * * * the burden is
on the payor to demonstrate that the exception applies * * *.

0.75

1,600

1,200

Subpart B—Oil and Gas, General—How does a lessee designate a Designee?
1218.52(a), (c), and (d)

How does a lessee designate a Designee? (a) If you are a lessee under
30 U.S.C. 1701(7), and you want to designate a person to make all or
part of the payments due under a lease on your behalf * * * you must
notify ONRR * * * in writing of such designation * * *. (c) If you want
to terminate a designation * * * you must provide [the following] to
ONRR in writing * * *. (d) ONRR may require you to provide notice
when there is a change in the percentage of your record title or operating rights ownership.
The ONRR currently uses Form MMS–4425, Designation Form for Royalty Payment Responsibility, to collect this information.

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Subpart B—Oil and Gas, General—Recoupment of overpayments on Indian mineral leases.
1218.53(b) .....................

Recoupment of overpayments on Indian mineral leases. (b) With written
permission authorized by tribal statute or resolution, a payor may recoup an overpayment against royalties or other revenues owed * * *
under other leases * * *. A copy of the tribe’s written permission must
be furnished to ONRR * * *.

Total Burden ..........

......................................................................................................................

....................

1,630

1,255

Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour’’ Cost
Burden: We have identified no ‘‘non-

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hour cost’’ burden associated with this
collection of information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that an

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agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it

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70486

Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Notices

displays a currently valid OMB control
number.
Comments: Section 3506(c)(2)(A) of
the PRA requires each agency to ‘‘* * *
provide 60-day notice in the Federal
Register * * * and otherwise consult
with members of the public and affected
agencies concerning each proposed
collection of information * * *.’’
Agencies must specifically solicit
comments to: (a) Evaluate whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
information to be collected; and
(d) minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
To comply with the public
consultation process, we published a
notice in the Federal Register on May
4, 2011 (76 FR 25370), announcing that
we would submit this ICR to OMB for
approval. The notice provided the
required 60-day comment period. We
received no comments in response to
the notice.
If you wish to comment in response
to this notice, you may send your
comments to the offices listed under the
ADDRESSES section of this notice. The
OMB has up to 60 days to approve or
disapprove the information collection
but may respond after 30 days.
Therefore, to ensure maximum
consideration, OMB should receive
public comments by December 14, 2011.
Public Comment Policy: We post all
comments, including names and
addresses of respondents, at http://
www.regulations.gov. Before including
your address, phone number, email
address, or other personal identifying
information in your comment, be
advised that your entire comment—
including your personal identifying
information—may be made publicly
available at any time. While you can ask
us in your comment to withhold from
public view your personal identifying
information, we cannot guarantee that
we will be able to do so.
Information Collection Clearance
Officer: Karen Burke (703) 487–3896.
Dated: November 3, 2011.
Gregory J. Gould,
Director, Office of Natural Resources
Revenue.
[FR Doc. 2011–29294 Filed 11–10–11; 8:45 am]
BILLING CODE 4310–T2–P

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DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0008]

SUMMARY:

Submit written comments on or
before December 14, 2011.
ADDRESSES: Submit written comments
by either FAX (202) 395–5806 or email
([email protected]) directly to
the Office of Information and Regulatory
Affairs, OMB, Attention: Desk Officer
for the Department of the Interior (OMB
Control Number 1012–0006).
Please also submit a copy of your
comments to ONRR by one of the
following methods:
• Electronically go to http://
www.regulations.gov. In the entry titled
‘‘Enter Keyword or ID,’’ enter ONRR–
2011–0008, and then click search.
Follow the instructions to submit public
comments. We will post all comments.
• Mail comments to Hyla Hurst,
Regulatory Specialist, Office of Natural
Resources Revenue, P.O. Box 25165, MS
64000A, Denver, Colorado 80225. Please
reference ICR 1012–0006 in your
comments.
• Hand-carry comments or use an
overnight courier service. Our courier
address is Building 85, Room A–614,
Denver Federal Center, West 6th Ave.
and Kipling St., Denver, Colorado
80225. Please reference ICR 1012–0006
in your comments.
FOR FURTHER INFORMATION CONTACT: Hyla
Hurst, telephone (303) 231–3495, or
email [email protected]. You may
also contact Hyla Hurst to obtain copies,
at no cost, of (1) the ICR, (2) any
associated forms, and (3) the regulations
that require the subject collection of
DATES:

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information. You may also review the
ICR online at http://www.reginfo.gov/
public/do/PRAMain.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR part 1243—Suspensions
Pending Appeal and Bonding—Office of
Natural Resources Revenue.
OMB Control Number: 1012–0006.
Bureau Form Numbers: ONRR–4435,
ONRR–4436, and ONRR–4437.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for mineral resource development on
Federal and Indian lands and the Outer
Continental Shelf (OCS). The Secretary
is required by various laws to manage
mineral resource production from
Federal and Indian lands and the OCS,
collect the royalties and other mineral
revenues due, and distribute the funds
collected in accordance with applicable
laws. The Secretary also has a trust
responsibility to manage Indian lands
and seek advice and information from
Indian beneficiaries. The ONRR
performs the minerals revenue
management functions for the Secretary
and assists the Secretary in carrying out
the Department’s trust responsibility for
Indian lands. Public laws pertaining to
mineral leases on Federal and Indian
lands are posted on our Web site at
http://www.onrr.gov/Laws_R_D/
PublicLawsAMR.htm.
If ONRR determines that a lessee has
not properly reported or paid, we may
issue an order to pay additional
royalties, a Notice of Noncompliance, or
a Civil Penalty Notice requiring correct
reporting or payment. Lessees then have
a right to appeal those ONRR actions.
Regulations at 30 CFR part 1243
govern the submission of appropriate
surety instruments to suspend
compliance with orders or decisions
and to stay the accrual of civil penalties
(if the Office of Hearings and Appeals
grants a lessee’s petition to stay accrual
of civil penalties), pending
administrative appeal for Federal and
Indian leases. For Federal oil and gas
leases, under 30 U.S.C. 1724(l) and its
implementing regulations in 30 CFR
part 1243, appellants who are requesting
a suspension without providing a surety
may submit information to demonstrate
financial solvency. This ICR covers the
burden hours associated with
submitting financial statements or
surety instruments required to stay an
ONRR order, decision, or accrual of civil
penalties.
Stay of Payment Pending Appeal
Title 30 CFR 1243.1 explains how
lessees or recipients of ONRR orders
may suspend compliance with an order
if they appeal in accordance with 30
CFR part 1290. Pending appeal, ONRR

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File Type	application/pdf
File Modified	2011-11-11
File Created	2011-11-11