Published 60-Day Notice

86 FR 20708_60day_4.21.2021.pdf

30 CFR Parts 1202, 1206, and 1207, Indian Oil and Gas Valuation

Published 60-Day Notice

OMB: 1012-0002

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20708

Federal Register / Vol. 86, No. 75 / Wednesday, April 21, 2021 / Notices

agenda includes discussions on lands
and cadastral survey, land use planning
projects, and recreation; a Subsistence
Board activity update; and nomination
and election of a RAC Chairperson.
Interested persons may make oral
presentations to the RAC during the
meeting or file written statements. Such
requests should be made to the RAC
Coordinator Melinda Bolton prior to the
public comment period. Depending on
the number of people who wish to speak
and the time available, the time for
individual comments may be limited.
Individuals who plan to attend and
need further information about the
meetings, or special assistance such as
sign language interpretation or other
reasonable accommodations, may
contact Melinda Bolton (see FOR
FURTHER INFORMATION CONTACT).
Before including your address, phone
number, email address, or other
personal identifying information in your
comments, please 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.
Authority: 43 CFR 1784.4–2.
Chad B. Padgett,
State Director.
[FR Doc. 2021–08195 Filed 4–20–21; 8:45 am]
BILLING CODE 4310–JA–P

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR–2011–0021; DS63644000
DR2000000.CH7000212D1113RT; OMB
Control Number 1012–0002]

Agency Information Collection
Activities: Indian Oil and Gas
Valuation, 30 CFR Parts 1202, 1206,
and 1207
Office of Natural Resources
Revenue (‘‘ONRR’’), Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance the Paperwork
Reduction Act of 1995 (‘‘PRA’’), ONRR
is proposing to renew an information
collection. Currently, this information
collection is authorized by the Office of
Management and Budget (‘‘OMB’’)
under OMB Control Number 1012–0002,
which expires on February 28, 2022.
This Information Collection Request
(‘‘ICR’’) pertains to the valuation of oil
and gas produced from leases on Indian

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SUMMARY:

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lands, Indian oil and gas royalties, and
required recordkeeping for oil and gas
valuation and royalties for Indian Tribes
and allottees. ONRR uses forms ONRR–
4109, ONRR–4110, ONRR–4295, ONRR–
4393, ONRR–4410, and ONRR–4411 as
part of these information collection
requirements.
DATES: Interested persons are invited to
submit comments on or before June 21,
2021.
ADDRESSES: All comment submissions
must (1) reference ‘‘OMB Control
Number 1012–0002’’ in the subject line;
(2) be sent to ONRR before the close of
the comment period listed under DATES;
and (3) be sent through one of the
following two methods:
• Electronically via the Federal
eRulemaking Portal: Please visit https://
www.regulations.gov. In the Search Box,
enter the Docket ID Number for this ICR
renewal (‘‘ONRR–2011–0021’’) and click
‘‘search’’ to view the publications
associated with the docket folder.
Locate the document with an open
comment period and click the
‘‘Comment Now!’’ button. Follow the
prompts to submit your comment prior
to the close of the comment period.
• Email Submissions: Please submit
your comments to ONRR_
[email protected] with the
OMB Control Number (‘‘OMB Control
Number 1012–0002’’) listed in the
subject line of your email. Email
submissions must be postmarked on or
before the close of the comment period.
Docket: To access the docket folder to
view the ICR Federal Register
publications, go to https://
www.regulations.gov and search
‘‘ONRR–2011–0021’’ to view renewal
notices recently published in the
Federal Register, publications
associated with prior renewals, and
applicable public comments received
for this ICR. ONRR will make the
comments submitted in response to this
notice available for public viewing at
https://www.regulations.gov.
OMB ICR Data: You may also view
information collection review data for
this ICR, including past OMB approvals,
at https://www.reginfo.gov/public/do/
PRASearch. Under the ‘‘OMB Control
Number’’ heading enter ‘‘1012–0002’’
and click the ‘‘Search’’ button located at
the bottom of the page. To view the ICR
renewal or OMB approval status, click
on the most recent entry. On the ‘‘View
ICR—OIRA Conclusion’’ page, check the
box next to ‘‘All’’ to display all available
ICR information provided by OMB.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, please contact Mr. Glen Reese,
Reference & Reporting Management,

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ONRR, by telephone (303) 231–3160, or
by email to [email protected].
Individuals who are hearing or speech
impaired may call the Federal Relay
Service at 1–800–877–8339 for TTY
assistance.
Pursuant
to the PRA, 44 U.S.C. 3501, et seq., and
5 CFR 1320.5, all information
collections, as defined in 5 CFR 1320.3,
require approval by OMB. ONRR may
not conduct or sponsor, and you are not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number. As
part of ONRR’s continuing effort to
reduce paperwork and respondent
burdens, ONRR is inviting the public
and other Federal agencies to comment
on new, proposed, revised, and
continuing collections of information in
accordance with the PRA and 5 CFR
1320.8(d)(1). This helps ONRR to assess
the impact of its information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand ONRR’s information
collection requirements and provide the
requested data in the desired format.
ONRR is especially interested in
public comments 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 ONRR’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 the agency 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 that you submit in
response to this notice are a matter of
public record. ONRR will include or
summarize each comment in its 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 ONRR in your
comment to withhold your personal
identifying information from public

SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 86, No. 75 / Wednesday, April 21, 2021 / Notices
review, ONRR cannot guarantee that it
will be able to do so.
Abstract: The Secretary of the United
States Department of the Interior
(‘‘Secretary’’) is responsible for mineral
resource development on Federal and
Indian lands and the Outer Continental
Shelf. Laws pertaining to Federal and
Indian mineral leases are posted at
https://www.onrr.gov/Laws_R_D/
PubLaws/index.htm. Pursuant to the
Federal Oil and Gas Royalty
Management Act of 1982 (‘‘FOGRMA’’)
and other laws, the Secretary’s
responsibilities include maintaining a
comprehensive inspection, collection,
and fiscal and production accounting
and auditing system that: (1) Accurately
determines mineral royalties, interest,
and other payments owed, (2) collects
and accounts for such amounts in a
timely manner, and (3) disburses the
funds collected. See 30 U.S.C. 1701 and
1711. ONRR performs these royalty and
revenue management responsibilities for
the Secretary. See Secretarial Order No.
3306.
(a) General Information: The
information collections that ONRR
covers in this ICR are found at 30 CFR
part 1202, subparts C and J, which
pertain to Indian oil and gas royalties;
part 1206, subparts B and E, which
govern the valuation of oil and gas
produced from leases on Indian lands;
and part 1207, which pertains to
recordkeeping. Indian Tribes and
allottees receive all royalties generated
from their lands. Determining product
valuation is essential to ensure that
Indian Tribes and allottees receive
payment on the full value of the
minerals removed from their lands.
(b) Information Collections: This ICR
covers the paperwork requirements
under 30 CFR parts 1202, 1206, and
1207 as follows:
(1) Indian Oil—Regulations at 30 CFR
part 1206, subpart B, govern the
valuation of oil produced from Indian
oil and gas leases for royalty purposes,
and are consistent with mineral leasing
and other applicable laws. Generally,
these regulations provide that a lessee
must determine the value of oil based
upon the higher of (1) the gross
proceeds under an arm’s-length
contract; or (2) a major-portion analysis.
In some situations, ONRR’s regulations
require reporting using form ONRR–
4110, Oil Transportation Allowance
Report, as part of these ICR
requirements.
ONRR and Tribal audit personnel use
the information collected on form
ONRR–4110 to evaluate (1) whether
lessee-reported transportation
allowances are within regulatory
allowance limitations and calculated

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accurately under applicable regulations;
and (2) whether the lessee has reported
and paid the proper royalty amount. A
lessee must use form ONRR–4110 when
its transportation allowance includes
costs incurred under non-arm’s-length
or no-contract transportation situations.
(2) Indian Gas—Regulations at 30 CFR
part 1206, subpart E, govern the
valuation of natural gas produced from
Indian oil and gas leases for royalty
purposes. ONRR’s regulations require
reporting using ONRR forms ONRR–
4109, ONRR–4295, ONRR–4410, and
ONRR–4411 as part of these ICR
requirements as follows:
(a) ONRR and Tribal audit personnel
use the information collected on form
ONRR–4109, Gas Processing Allowance
Summary Report, to evaluate (1)
whether lessee-reported processing
allowances are within regulatory
allowance limitations and calculated
under applicable regulations; and (2)
whether a lessee has reported and paid
the proper royalty amount.
(b) ONRR and Tribal audit personnel
use the information collected on form
ONRR–4295, Gas Transportation
Allowance Report, to evaluate (1)
whether lessee-reported transportation
allowances are within regulatory
allowance limitations and calculated
under applicable regulations; and (2)
whether a lessee has reported and paid
the proper royalty amount.
(c) A lessee must use form ONRR–
4410, Accounting for Comparison [Dual
Accounting], to certify when dual
accounting is not required on an Indian
lease (part A) or to make an election for
actual or alternative dual accounting for
an Indian lease (part B). Most Indian
leases contain the requirement to
perform accounting for comparison
(dual accounting) for gas produced from
the lease. Therefore, a lessee must elect
to perform actual dual accounting as
defined in 30 CFR 1206.176, or
alternative dual accounting as defined
in 30 CFR 1206.173.
(d) A lessee uses form ONRR–4411,
Safety Net Report, when it sells gas
production from an Indian oil or gas
lease in an ONRR-designated index zone
beyond the first index pricing point.
The safety net calculation establishes
the minimum value of natural gas
production from Indian oil and gas
leases for royalty purposes. This
reporting requirement ensures that
Indian lessors receive all royalties due
and supports ONRR’s compliance
activities.
(3) Indian Oil and Gas—Regulations
at 30 CFR 1206.56(b)(2) and
1206.177(c)(2) and (c)(3) provide that a
lessee must submit a form ONRR–4393,
Request to Exceed Regulatory

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Allowance Limitation, as part of a valid
request to exceed the regulatory
allowance limit of 50 percent of royalty
value for transportation allowances.
OMB approved the form ONRR–4393
under OMB Control Number 1012–0005,
which otherwise pertains to Federal oil
and gas leases. This form provides
ONRR with the necessary data to make
a decision on whether to approve or
deny the request.
The requirement to report is
mandatory for form ONRR–4410 and,
under certain circumstances, form
ONRR–4411. To obtain certain benefits,
a lessee must file forms ONRR–4109,
ONRR–4110, ONRR–4295, and ONRR–
4393.
Title of Collection: Indian Oil and Gas
Valuation, 30 CFR parts 1202, 1206, and
1207.
OMB Control Number: 1012–0002.
Bureau Form Number: Forms ONRR–
4109, ONRR–4110, ONRR–4295, ONRR–
4393, ONRR–4410, and ONRR–4411.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Businesses.
Total Estimated Number of Annual
Respondents: 149 Indian lessees.
Total Estimated Number of Annual
Responses: 149.
Estimated Completion Time per
Response: 8.85 hours.
Total Estimated Number of Annual
Burden Hours: 1,319 hours.
Respondent’s Obligation: Required to
Obtain or Retain a Benefit.
Frequency of Collection: Annual and
on occasion.
Total Estimated Annual Non-Hour
Burden Cost: ONRR identified no ‘‘nonhour cost’’ burden associated with this
collection of information.
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 (44 U.S.C. 3501, et seq.).
Kimbra G. Davis,
Director for Office of Natural Resources
Revenue.
[FR Doc. 2021–08153 Filed 4–20–21; 8:45 am]
BILLING CODE 4335–30–P

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