1093-NEW - Emergency 60 Day Notice - 87 FR 18385 - 03302022

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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices
courts have applied a balancing test to
determine whether State and local
taxation of non-Indians on the
reservation is preempted. White
Mountain Apache Tribe v. Bracker, 448
U.S. 136, 143 (1980). The Bracker
balancing test, which is conducted
against a backdrop of ‘‘traditional
notions of Indian self- government,’’
requires a particularized examination of
the relevant State, Federal, and Tribal
interests. We hereby adopt the Bracker
analysis from the preamble to the
surface leasing regulations, 77 FR at
72447–48, as supplemented by the
analysis below.
The strong Federal and Tribal
interests against State and local taxation
of improvements, leaseholds, and
activities on land leased under the
Department’s leasing regulations apply
equally to improvements, leaseholds,
and activities on land leased pursuant to
Tribal leasing regulations approved
under the HEARTH Act. Congress’s
overarching intent was to ‘‘allow Tribes
to exercise greater control over their
own land, support self-determination,
and eliminate bureaucratic delays that
stand in the way of homeownership and
economic development in Tribal
communities.’’ 158 Cong. Rec. H. 2682
(May 15, 2012). The HEARTH Act was
intended to afford Tribes ‘‘flexibility to
adapt lease terms to suit [their] business
and cultural needs’’ and to ‘‘enable
[Tribes] to approve leases quickly and
efficiently.’’ H. Rep. 112–427 at 6
(2012).
Assessment of State and local taxes
would obstruct these express Federal
policies supporting Tribal economic
development and self-determination,
and also threaten substantial Tribal
interests in effective Tribal government,
economic self-sufficiency, and territorial
autonomy. See Michigan v. Bay Mills
Indian Community, 572 U.S. 782, 810
(2014) (Sotomayor, J., concurring)
(determining that ‘‘[a] key goal of the
Federal Government is to render Tribes
more self-sufficient, and better
positioned to fund their own sovereign
functions, rather than relying on Federal
funding’’). The additional costs of State
and local taxation have a chilling effect
on potential lessees, as well as on a
Tribe that, as a result, might refrain from
exercising its own sovereign right to
impose a Tribal tax to support its
infrastructure needs. See id. at 810–11
(finding that State and local taxes
greatly discourage Tribes from raising
tax revenue from the same sources
because the imposition of double
taxation would impede Tribal economic
growth).
Similar to BIA’s surface leasing
regulations, Tribal regulations under the

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HEARTH Act pervasively cover all
aspects of leasing. See 25 U.S.C.
415(h)(3)(B)(i) (requiring Tribal
regulations be consistent with BIA
surface leasing regulations).
Furthermore, the Federal government
remains involved in the Tribal land
leasing process by approving the Tribal
leasing regulations in the first instance
and providing technical assistance,
upon request by a Tribe, for the
development of an environmental
review process. The Secretary also
retains authority to take any necessary
actions to remedy violations of a lease
or of the Tribal regulations, including
terminating the lease or rescinding
approval of the Tribal regulations and
reassuming lease approval
responsibilities. Moreover, the Secretary
continues to review, approve, and
monitor individual Indian land leases
and other types of leases not covered
under the Tribal regulations according
to the Part 162 regulations.
Accordingly, the Federal and Tribal
interests weigh heavily in favor of
preemption of State and local taxes on
lease-related activities and interests,
regardless of whether the lease is
governed by Tribal leasing regulations
or Part 162. Improvements, activities,
and leasehold or possessory interests
may be subject to taxation by the
Northfork Rancheria of Mono Indians of
California.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2022–06673 Filed 3–29–22; 8:45 am]
BILLING CODE 4337–15–P

DEPARTMENT OF THE INTERIOR
Office of the Secretary
[223D0102DM, DS6CS00000,
DLSN00000.000000. DX6CS25; OMB Control
Number 1093-New]

Agency Information Collection
Activities; Application Requirement for
States To Apply for Orphaned Well Site
Plugging, Remediation, and
Restoration Grant Consideration
Office of the Secretary, Interior.
Notice of information collection;
request for comment.

AGENCY:
ACTION:

In accordance with the
Paperwork Reduction Act of 1995, the
Office of the Secretary will seek Office
of Management and Budget (OMB)
approval of an emergency clearance of
a new information collection.
DATES: Interested persons are invited to
submit comments on or before May 31,
2022.
SUMMARY:

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18385

Written comments and
recommendations for the proposed
emergency clearance of a new
information collection should be sent to
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-New
Orphaned Well Grants’’ in the subject
line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact William B. Lodder Jr.,
Team Leader, Environmental Cleanup
and Liability Management Team, Office
of Environmental Policy and
Compliance (OEPC), U.S. Department of
the Interior, 1849 C Street NW,
Washington, DC 20240; by telephone at
202–208–6128; or by email to
[email protected]. 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-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.) and 5 CFR 1320.8(d)(1), all
information collections require approval
under the PRA. We 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 our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies 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 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 our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
ADDRESSES:

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(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. 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: Public Law 117–58, Section
40601, ‘‘Orphaned Well Site Plugging,
Remediation, and Restoration’’
contained in the Bipartisan
Infrastructure Law (BIL) (November 15,
2021) amends Section 349 of the Energy
Policy Act of 2005 (42 U.S.C. 15907)
and designates the U.S. Department of
the Interior (Interior) as the key agency
responsible for implementing a grant
program for applicable government
entities to plug, remediate, and reclaim
orphaned wells on lands covered by the
legislation. The associated investments,
as part of the new grant programs, 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 and cooperative
agreement awards to state governments
and Indian tribal governments under
Assistance Listing (CFDA) program
15.018 Energy Community
Revitalization Program (ECRP). The
authority is the Infrastructure
Investment and Jobs Act (Pub. L. 117–
58), Title VI, Section 40601.
The program is separated into the
following parts:
1. Initial Mandatory Grants to States
2. Formula Grants to States
3. Performance Grants to States
4. Tribal Grants

BIL Section 40601 stipulates the first
deadline to implement the initial grants
portion of the program as May 14, 2022.
However, since that date is a Saturday,

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the program has set the deadline for
applications to 11:59 p.m. EDT Friday,
May 13, 2022. The BIL requires Interior
to collect information necessary to
ensure that grant funds authorized by
this legislation are used in accordance
with the BIL and Federal assistance
requirements under 2 CFR 200.
Information collected by Interior’s
Office of Environmental Policy and
Compliance (OEPC) as part of the
consolidated workplan is described
below. Interior seeks OMB approval of
an emergency clearance to collect this
information to manage and monitor
grant awards to comply with the BIL.
To implement grant funds authorized
by the BIL, the OEPC proposes to collect
the following information associated
with the administration of grants related
to ‘‘Orphaned Well Site Plugging,
Remediation, and Restoration’’ under
Section 40601:
• Consolidated Workplans—We ask
for the following information as part of
the consolidated workplan:
—(a) The applicant’s process for
determining that a well has been
orphaned, including what efforts will
be made to redeem financial
assurances or otherwise recoup
remediation costs from any parties
responsible;
—(b) A description of the applicant’s
plugging standards, including the
witnessing requirements
(qualifications of witness,
documentation);
—(c) Details of the 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, the applicant should
describe its plans to develop and
implement a prioritization process;
—(e) Details of how the applicant will
identify and address any
disproportionate burden of adverse
human health or environmental
effects of orphaned wells on
disadvantaged communities,
including communities of color, lowincome communities, and Tribal and
indigenous communities;
—(f) 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

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reducing or eliminating such
emissions;
—(g) 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;
—(h) 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;
—(i) 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;
—(j) Latitude/Longitude and all other
data elements and associated units of
measure as indicated in the Orphaned
Well Data Reporting Template (see
guidance provided within the IC in
ROCIS);
—(k) How the applicant will use
funding to locate currently
undocumented orphaned wells;
—(l) Plans the applicant has to engage
third-parties in partnerships around
well plugging and site remediation, or
any existing similar partnerships the
applicant currently belongs to;
—(m) 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;
—(n) 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 goodpaying jobs directly related to the
project;
—(o) Plans the 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;
—(p) Procedures the applicant will use
to coordinate with Federal or Tribal
agencies to determine whether
efficiencies may exist by combining
field survey, plugging, or surface
remediation work across private,
State, Federal, and Tribal land;

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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices
—(q) 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;
—(r) A work schedule covering the
period of performance of the Initial
grant; and
—(s) If applicable, a federally approved
Indirect Cost Rate Agreement or
statement regarding applicant’s
intention to negotiate or utilize the de
minimis rate.
• Grant Applications—The OEPC
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:
Æ SF–424, Application for Federal
Assistance;
Æ SF–424A, Budget Information for
Non-Construction Programs or SF–
424C Budget Information for
Construction Program;
Æ SF–424B, Assurances for NonConstruction Programs) or SF–424D
Assurances for Construction
Programs);
Æ SF–428 Tangible Personal Property
Report; and the
Æ 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.
—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 nonprofit applicants must submit a
statement regarding their single audit
reporting status.
—Conflict of Interest Disclosures:
Applicants must notify the Service 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
Service makes an award to the entity.
—Certification Statement: 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.
• Amendments—For many budget
and program plan revisions, 2 CFR 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:
—Financial Reports: Recipients are
required to submit all financial
reports on the Standard Form 425,
Federal Financial Report. All
recipients must submit financial
reports in accordance with 2 CFR 200.
The frequency of financial reporting
may vary between the different parts
of this program. However, all
recipients will be required to submit
reports at least annually and no more
frequently than quarterly. We may
require interim reports more
frequently than quarterly as a specific
condition of award in unusual
circumstances, for example where
more frequent reporting is necessary
for the effective monitoring of the
Federal award or could significantly
affect program outcomes, and
preferably in coordination with
performance reporting.
—Performance Reports: Recipients must
submit performance reports in
accordance with 2 CFR 200. We use
performance reports as a tool to
ensure that the recipient is
accomplishing the work on schedule
and to identify any problems that the
awardee may be experiencing in
accomplishing that work. This
information is necessary for the
Service to track accomplishments and
performance-related data.
Performance reports must include:
Æ A comparison of actual
accomplishments to the goals and
objectives established for the
reporting period, the results/
findings, or both;
Æ 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
Average
number
of annual
respondents

Requirement

Average
number of
responses
each

reach an objective;
Æ Performance trend data and
analysis to be used by the awarding
program to monitor and assess
recipient and Federal awarding
program performance; and
Æ 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.
The frequency of performance
reporting may vary between the
different parts of this program.
However, all recipients will be required
to submit reports at least annually and
no more frequently than quarterly. We
may require interim reports more
frequently than quarterly as a specific
condition of award in unusual
circumstances, for example where more
frequent reporting is necessary for the
effective monitoring of the Federal
award or could significantly affect
program outcomes.
—Final 15-month Report: 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 200 requirements.
Title of Collection: Application
Requirement for States to Apply for
Orphaned Well Site Plugging,
Remediation, and Restoration Grant
Consideration.
OMB Control Number: 1093–New.
Form Number: None.
Type of Review: Request for
emergency approval of a new
information collection.
Respondents/Affected Public: 92 (27
State and 65 Tribal governments).
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: None.
Average
number
of annual
responses

Consolidated Workplan:

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Average
completion
time per
response
(hours)

Estimated
annual burden
hours

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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices
Average
number
of annual
respondents

Requirement

Government ..................................................................
Applications:
Government ..................................................................
Amendments:
Government ..................................................................
Financial Reports:
Reporting ......................................................................
Recordkeeping ..............................................................
Performance Reports:
Reporting ......................................................................
Recordkeeping ..............................................................
Final 15-month Reports:
Reporting ......................................................................
Recordkeeping ..............................................................
Totals .....................................................................

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.).
Jeffrey Parrillo,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2022–06708 Filed 3–29–22; 8:45 am]
BILLING CODE 4334–63–P

DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLMTC01000–L10600000–MC0000MO#
4500155770]

Notice of Intent To Amend the Billings
Field Office 2015 Resource
Management Plan and To Prepare an
Associated Environmental
Assessment, Montana
Bureau of Land Management,
Interior.
ACTION: Notice of intent.
AGENCY:

In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), and the
Federal Land Policy and Management
Act of 1976, as amended (FLPMA), the
Bureau of Land Management (BLM)
Billings Field Office, Billings, Montana,
intends to prepare an amendment to the
Billings Field Office Resource
Management Plan (RMP) and an
associated Environmental Assessment
(EA). The EA will analyze a proposed
change to the RMP’s Management
Decision Wild Horse (MD WH–7) with
respect to managing genetic diversity in
the Pryor Mountain Wild Horse herd.

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SUMMARY:

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Average
number of
responses
each

Estimated
annual burden
hours

92

1

92

4

368

92

1

92

40

3,680

10

1

10

3

30

92
........................

1
........................

92
........................

6
2

552
184

92
........................

1
........................

92
........................

24
8

2,208
736

92
........................

1
........................

92
........................

24
8

2,208
736

470

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

470

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

10,702

This notice initiates the EA scoping
process for the RMP amendment to
solicit public comments and identify
issues and announces the opportunity
for public review of the planning
criteria.
DATES: In order to be included in the
analysis, all comments must be received
electronically or in writing no later than
April 29, 2022. The BLM does not plan
to hold any scoping meetings for this
RMP amendment. We will provide
additional opportunities for public
participation as appropriate.
ADDRESSES: Comments may be
submitted electronically through the
BLM e-planning website at https://
eplanning.blm.gov/eplanning-ui/
project/1502632/510, or written
comments may be sent to Wild Horse &
Burro Coordinator, Billings Field Office,
Bureau of Land Management, 5001
Southgate Drive, Billings, MT 59101.
FOR FURTHER INFORMATION CONTACT:
Dave LeFevre, telephone 406–896–5349,
or email [email protected]. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact Mr. LeFevre during normal
business hours. The FRS is available 24
hours a day, 7 days a week, to leave a
message or question. You will receive a
reply during normal business hours.
Normal business hours are 8:00 a.m. to
4:30 p.m., Monday through Friday,
except for Federal holidays.
SUPPLEMENTARY INFORMATION: This
document provides notice that the BLM
Billings Field Office, Billings, MT,
intends to amend the Billings Field
Office RMP and prepare an associated
EA, announces the proposed plan
amendment scoping process, and seeks
public input on issues and planning
criteria. Planning criteria help define

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decision space and are based upon
applicable laws, Director and State
Director guidance, and the results of
public and governmental participation
(43 CFR 1610.4–2). The draft planning
criteria considered in the development
of the proposed amendment include:
(1) The proposed amendment will be
completed in compliance with NEPA,
FLPMA, the Wild Free-Roaming Horses
and Burro Act, as amended, and the
implementing regulations in 43 CFR
1700, BLM Wild Horses and Burros
Management Handbook H–1700–1, and
other applicable laws, regulations, and
policy.
(2) The proposed amendment is
limited to MD WH–7 and would not
change any other existing planning
decisions in the Billings Field Office
RMP.
(3) The proposed amendment would
only apply to lands and resources
managed by the BLM as described in the
2015 Billings Field Office RMP; it
would not change management
direction for other agencies.
(4) Decisions are compatible with
existing plans and policies of adjacent
local, State, Federal, and Tribal
agencies, so long as the decisions are
consistent with the purposes, policies,
and programs of Federal law and
regulations applicable to public lands.
The Pryor Mountain Wild Horse
Range is located in the Pryor Mountains
in southeastern Carbon County,
Montana, and northern Big Horn
County, Wyoming, and encompasses
approximately 38,000 acres of land.
In 2009, the BLM approved the Pryor
Mountain Wild Horse Range/Territory
Herd Management Area Plan (HMAP)
that identified management objectives
for the Pryor Mountain wild horses and
horse range. The 2009 HMAP managed
the Pryor Mountain wild horses for a

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