80_FR_51761 80 FR 51597 - Agency Information Collection Activities: Delegated and Cooperative Activities With States and Indian Tribes-OMB Control Number 1012-0003; Comment Request

80 FR 51597 - Agency Information Collection Activities: Delegated and Cooperative Activities With States and Indian Tribes-OMB Control Number 1012-0003; Comment Request

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue

Federal Register Volume 80, Issue 164 (August 25, 2015)

Page Range51597-51603
FR Document2015-20926

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 parts 1227, 1228, and 1229. This notice also provides the public with a second opportunity to comment on the paperwork burden of these regulatory requirements.

Federal Register, Volume 80 Issue 164 (Tuesday, August 25, 2015)
[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Notices]
[Pages 51597-51603]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20926]


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DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

[Docket No. ONRR-2011-0025; DS63610000 DR2PS0000.CH7000 156D0102R2]


Agency Information Collection Activities: Delegated and 
Cooperative Activities With States and Indian Tribes--OMB Control 
Number 1012-0003; Comment Request

AGENCY: Office of Natural Resources Revenue, Interior.

ACTION: Notice of renewal of an existing Information Collection.

-----------------------------------------------------------------------

SUMMARY: 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 parts 1227, 1228, and 
1229. This notice also provides the public with a second opportunity to 
comment on the paperwork burden of these regulatory requirements.

DATES: OMB has up to 60 days to approve or disapprove this information 
collection request but may respond after 30 days; therefore, you should 
submit your public comments to OMB by September 24, 2015 for the 
assurance of consideration.

ADDRESSES: You may submit your written comments directly to the Desk 
Officer for the Department of the Interior (OMB Control Number 1012-
0003), Office of Information and Regulatory Affairs, OMB, by email to 
[email protected] or telefax at (202) 395-5806. Please also 
mail a copy of your comments to Mr. Luis Aguilar, Regulatory 
Specialist, ONRR, P.O. Box 25165, MS 61030A, Denver, Colorado 80225-
0165, or email [email protected]. Please reference OMB Control 
Number 1012-0003 in your comments.

FOR FURTHER INFORMATION CONTACT: For questions on technical issues, 
contact Peter Hanley, State and Tribal Support, ONRR, at (303) 231-
3721, or via email to [email protected]. For other questions, 
contact Mr. Luis Aguilar, at (303) 231-3418, or via email to 
[email protected] You may also contact Mr. Aguilar to obtain 
copies (free of charge) of (1) the ICR, (2) any associated forms, and 
(3) the regulations that require the subject collection of information. 
You may also review the information collection request online at http://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION:

1. 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). Under the Mineral Leasing Act of 1920, 
Outer Continental Shelf Lands Act of 1953 (OCS Lands Act), Geothermal 
Steam Act of 1970, and Indian Mineral Development Act of 1982, the 
Secretary is required to manage mineral resource production on 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 to seek advice and information from Indian 
beneficiaries. 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 and the OCS 
are available at http://www.onrr.gov/Laws_R_D/PublicLawsAMR.htm.
    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 (royalty) 
of the value received from production on leased lands. The lessee, or 
the designee, must report various kinds of information to 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 that ONRR collects includes data necessary to 
ensure that the lessee accurately values and appropriately pays all 
royalties and other mineral revenues due.
    The Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), 
which the Federal Oil and Gas Royalty Simplification and Fairness Act 
of 1996 amended, authorizes the Secretary to develop delegated and 
cooperative agreements with States (30 U.S.C. 1735, sect. 205) and 
Indian Tribes (30 U.S.C. 1732, sect. 202) to conduct certain 
inspections, audits, investigations, or limited enforcement activities 
for oil and gas leases within their respective boundaries. The States 
and Indian Tribes are working partners and are an integral part of the 
overall onshore and offshore compliance effort. The Appropriations Act 
of 1992 also authorizes the States and Tribes to perform the same 
functions for coal and other solid mineral leases.
    This collection of information is necessary in order to verify that 
States and Tribes are able to effectively conduct audits and related 
investigations of Federal and Indian oil, gas, coal, any other solid 
minerals, and geothermal royalty revenues from Federal and Tribal 
leased lands. Relevant parts of the regulations include 30 CFR parts 
1227, 1228, and 1229, as described below:
    Title 30 CFR part 1227--Delegation to States provides procedures to 
delegate certain Federal minerals revenue management functions to 
States for Federal oil and gas leases. This regulation also provides 
only audit and investigation functions to States for Federal geothermal 
and solid mineral leases, and leases subject to section 8(g) of the OCS 
Lands Act, within their State boundaries. In order for ONRR to consider 
a State for such delegation, the State must submit a written proposal 
to, and receive approval from, the ONRR Director. States also must 
provide periodic accounting documentation to ONRR, including an annual 
work plan and quarterly reimbursement vouchers.
    Title 30 CFR part 1228--Cooperative Activities with States and 
Indian Tribes, provides procedures for Indian Tribes to carry out 
audits and related investigations of their respective leased lands. The 
Tribe must submit a written proposal to ONRR in order to enter into a 
cooperative agreement. The proposal must outline the activities that 
the Tribe will undertake and must present evidence that the Tribe can 
meet the Secretary's standards in order for the Tribe to conduct the 
activities. The Tribe also must submit an annual work plan and budget, 
as well as quarterly reimbursement vouchers.
    Title 30 CFR part 1229--Delegation to States provides procedures 
for States to carry out audits and related investigations of leased 
Indian lands within their respective State boundaries by permission of 
the respective Indian Tribal councils or individual Indian mineral 
owners. The State must receive the Secretary's delegation of authority 
and submit annual audit work plans

[[Page 51598]]

detailing its audits and related investigations, annual budgets, and 
quarterly reimbursement vouchers. States also must maintain records 
according to section 1227.200(d).
    ONRR protects proprietary information that the States and Tribes 
submit under this collection. We do not collect items of a sensitive 
nature. States and Tribes must respond in order to obtain the benefit 
of entering into a cooperative agreement with the Secretary.

2. Data

    Title: 30 CFR parts 1227, 1228, and 1229, Delegated and Cooperative 
Activities with States and Indian Tribes.
    OMB Control Number: 1012-0003.
    Bureau Form Numbers: None.
    Frequency: Varies based on the function performed.
    Estimated Number and Description of Respondents: 10 States and 6 
Indian Tribes.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 
17,705 hours.
    Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost 
Burden: We have identified no ``non-hour cost'' burden associated with 
this collection of information.
    We have not included in our estimates certain usual and customary 
requirements that States and Tribes perform in the normal course of 
business. This 30-day Federal Register notice burden chart shows an 
adjustment increase of +4,786 burden hours from the previous 60-day 
notice; we based this adjustment on comments that we received from the 
Shoshone-Arapaho and Navajo Tribes. The following table shows the 
estimated burden hours by CFR section and paragraph:

                                   Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                                     Number of
           30 CFR section            Reporting and recordkeeping    Hour burden       annual       Annual burden
                                             requirements          per response      responses         hours
----------------------------------------------------------------------------------------------------------------
                                         Part 1227--Delegation to States
----------------------------------------------------------------------------------------------------------------
                                              Delegation Proposals
----------------------------------------------------------------------------------------------------------------
1227.103; 107; 109; 110(a-b(1));     What must a State's                     200               1             200
 110 (c-e); 111(a-b); 805.            delegation proposal
                                      contain?.
                                     If you want ONRR to
                                      delegate royalty
                                      management functions to
                                      you, then you must submit
                                      a delegation proposal to
                                      the ONRR Deputy Director.
                                      ONRR will provide you with
                                      technical assistance and
                                      information to help you
                                      prepare your delegation
                                      proposal. . . ..
----------------------------------------------------------------------------------------------------------------
                                               Delegation Process
----------------------------------------------------------------------------------------------------------------
1227.110(b)(2).....................  (b)(2) If you want to                    16              11             176
                                      change the terms of your
                                      delegation agreement for
                                      the renewal period, you
                                      must submit a new
                                      delegation proposal under
                                      this part.
----------------------------------------------------------------------------------------------------------------
                                              Existing Delegations
----------------------------------------------------------------------------------------------------------------
                                                  Compensation
----------------------------------------------------------------------------------------------------------------
1227.112(d) and (e)................  What compensation will a                  4              64             256
                                      State receive to perform
                                      delegated functions?
                                     You will receive
                                      compensation for your
                                      costs to perform each
                                      delegated function subject
                                      to the following
                                      conditions . . .
                                     (d) At a minimum, you must
                                      provide vouchers detailing
                                      your expenditures
                                      quarterly during the
                                      fiscal year. However, you
                                      may agree to provide
                                      vouchers on a monthly
                                      basis in your delegation
                                      agreement . . .
                                     (e) You must maintain
                                      adequate books and records
                                      to support your vouchers .
                                      . .
----------------------------------------------------------------------------------------------------------------
                             States' Responsibilities To Perform Delegated Functions
----------------------------------------------------------------------------------------------------------------
1227.200(a), (b), (c) and (d)......  What are a State's general              940              10           9,400
                                      responsibilities if it
                                      accepts a delegation?.
                                     For each delegated function
                                      you perform, you must: (a)
                                      . . . seek information or
                                      guidance from ONRR
                                      regarding new, complex, or
                                      unique issues. . . .
                                     (b)(1) . . . Provide
                                      complete disclosure of
                                      financial results of
                                      activities;
                                     (2) Maintain correct and
                                      accurate records of all
                                      mineral-related
                                      transactions and accounts;
                                     (3) Maintain effective
                                      controls and
                                      accountability;
                                     (4) Maintain a system of
                                      accounts . . .
                                     (5) Maintain adequate
                                      royalty and production
                                      information . . .
                                     (c) Assist ONRR in meeting
                                      the requirements of the
                                      Government Performance and
                                      Results Act (GPRA) . . .

[[Page 51599]]

 
                                     (d) Maintain all records
                                      you obtain or create under
                                      your delegated function,
                                      such as royalty reports,
                                      production reports, and
                                      other related information.
                                      . . You must maintain such
                                      records for at least 7
                                      years. . . .
1227.200(e); 801(a); 804...........  (e) Provide reports to ONRR               3              40             120
                                      about your activities
                                      under your delegated
                                      functions . . At a
                                      minimum, you must provide
                                      periodic statistical
                                      reports to ONRR
                                      summarizing the activities
                                      you carried out . . .
1227.200(f); 401(e); 601(d)........  (f) Assist ONRR in                        1               1               1
                                      maintaining adequate
                                      reference, royalty, and
                                      production databases. . .
                                      .
1227.200(g); 301(e)................  (g) Develop annual work                  60              10             600
                                      plans . . .
1227.200(h)........................  (h) Help ONRR respond to                  8              10              80
                                      requests for information
                                      from other Federal
                                      agencies, Congress, and
                                      the public . . .
1227.400(a)(4) and (a)(6); 401(d);   What functions may a State                1               1               1
 501(c).                              perform in processing
                                      production reports or
                                      royalty reports?
                                     Production reporters or
                                      royalty reporters provide
                                      production, sales, and
                                      royalty information on
                                      mineral production from
                                      leases that must be
                                      collected, analyzed, and
                                      corrected.
                                     (a) If you request
                                      delegation of either
                                      production report or
                                      royalty report processing
                                      functions, you must
                                      perform . . .
                                     (4) Timely transmitting
                                      production report or
                                      royalty report data to
                                      ONRR and other affected
                                      Federal agencies . . .
                                     (6) Providing production
                                      data or royalty data to
                                      ONRR and other affected
                                      Federal agencies. . . .
1227.400(c)........................  (c) You must provide ONRR                 1               1               1
                                      with a copy of any
                                      exceptions from reporting
                                      and payment requirements
                                      for marginal properties
                                      and any alternative
                                      royalty and payment
                                      requirements for unit
                                      agreements and
                                      communitization agreements
                                      you approve.
1227.601(c)........................  What are a State's
                                      responsibilities if it
                                      performs automated
                                      verification?
----------------------------------------------------------------------------------------------------------------
                                     To perform automated                      1               1               1
                                      verification of production
                                      reports or royalty
                                      reports, you must . . .
                                     (c) Maintain all
                                      documentation and logging
                                      procedures . . ..
----------------------------------------------------------------------------------------------------------------
                                               Performance Review
----------------------------------------------------------------------------------------------------------------
    Subtotal Burden for 30 CFR Part  ...........................  ..............             150          10,836
     1227.
----------------------------------------------------------------------------------------------------------------
                         Part 1228--Cooperative Activities With States and Indian Tribes
----------------------------------------------------------------------------------------------------------------
                                         Subpart C--Oil and Gas, Onshore
----------------------------------------------------------------------------------------------------------------
1228.100(a) and (b); 101(c); 107(b)  Entering into an agreement.             200               1             200
                                     (a) . . . Indian Tribe may
                                      request the Department to
                                      enter into a cooperative
                                      agreement by sending a
                                      letter from . . . tribal
                                      chairman . . . to the
                                      Director of ONRR.
                                     (b) The request for an
                                      agreement shall be in a
                                      format prescribed by ONRR
                                      and should include at a
                                      minimum the following
                                      information:
                                     (1) Type of eligible
                                      activities to be
                                      undertaken.
                                     (2) Proposed term of the
                                      agreement.
                                     (3) Evidence that . . .
                                      Indian Tribe meets, or can
                                      meet by the time the
                                      agreement is in effect . .
                                      .
                                     (4) If the State is
                                      proposing to undertake
                                      activities on Indian lands
                                      located within the State,
                                      a resolution from the
                                      appropriate tribal council
                                      indicating their agreement
                                      to delegate to the State
                                      responsibilities under the
                                      terms of the cooperative
                                      agreement for activities
                                      to be conducted on tribal
                                      or allotted land.

[[Page 51600]]

 
1228.101(a)........................  Terms of agreement.                      15               6              90
                                     (a) Agreements entered into
                                      under this part shall be
                                      valid for a period of 3
                                      years and shall be
                                      renewable . . . upon
                                      request of . . . Indian
                                      Tribe. . ..
1228.101(d)........................  (d) . . . Indian Tribe will              80               1              80
                                      be given 60 days to
                                      respond to the notice of
                                      deficiencies and to
                                      provide a plan for
                                      correction of those
                                      deficiencies. . . .
1228.103(a) and (b)................  Maintenance of records.....             940               6           5,640
                                     (a) . . . Indian Tribe
                                      entering into a
                                      cooperative agreement
                                      under this part must
                                      retain all records,
                                      reports, working papers,
                                      and any backup materials .
                                      . ..
                                     (b) . . . Indian Tribe
                                      shall maintain all books
                                      and records . . ..
1228.105(a)(1) and (a)(2)..........  Funding of cooperative                   60               6             360
                                      agreements.
                                     (a)(1) The Department may,
                                      under the terms of the
                                      cooperative agreement,
                                      reimburse . . Indian Tribe
                                      up to 100 percent of the
                                      costs of eligible
                                      activities. Eligible
                                      activities will be agreed
                                      upon annually upon the
                                      submission and approval of
                                      a work plan and funding
                                      requirement.
                                     (2) A cooperative agreement
                                      may be entered into with .
                                      . . Indian Tribe, upon
                                      request, without a
                                      requirement for
                                      reimbursement of costs by
                                      the Department.
1228.105(c)........................  (c) . . . Indian Tribe                   20              24             480
                                      shall submit a voucher for
                                      reimbursement of eligible
                                      costs incurred within 30
                                      days of the end of each
                                      calendar quarter. . . .
                                      Indian Tribe must provide
                                      the Department a summary
                                      of costs incurred, for
                                      which . . . Indian Tribe
                                      is seeking reimbursement,
                                      with the voucher.
                                                                 -----------------------------------------------
    Subtotal Burden for 30 CFR Part  ...........................  ..............              44           6,850
     1228.
----------------------------------------------------------------------------------------------------------------
                                         Part 1229--Delegation to States
----------------------------------------------------------------------------------------------------------------
                                         Subpart C--Oil and Gas, Onshore
----------------------------------------------------------------------------------------------------------------
                                          Administration of Delegations
----------------------------------------------------------------------------------------------------------------
1229.100(a)(1) and (a)(2)..........  Authorities and                           1               1               1
                                      responsibilities subject
                                      to delegation.
                                     (a) All or part of the
                                      following authorities and
                                      responsibilities of the
                                      Secretary under the Act
                                      may be delegated to a
                                      State authority:
                                     (1) Conduct of audits
                                      related to oil and gas
                                      royalty payments made to
                                      the Office of Natural
                                      Resources Revenue (ONRR)
                                      which are attributable to
                                      leased . . Indian lands
                                      within the State.
                                      Delegations with respect
                                      to any Indian lands
                                      require the written
                                      permission, subject to the
                                      review of the ONRR, of the
                                      affected Indian Tribe or
                                      allottee.
                                     (2) Conduct of
                                      investigation related to
                                      oil and gas royalty
                                      payments made to the ONRR
                                      which are attributable to
                                      . . Indian lands within
                                      the State. Delegation with
                                      respect to any Indian
                                      lands require the written
                                      permission, subject to the
                                      review of the ONRR, of the
                                      affected Indian Tribe or
                                      allottee. No investigation
                                      will be initiated without
                                      the specific approval of
                                      the ONRR. . . .
1229.101(a) and (d)................  Petition for delegation....               1               1               1
                                     (a) The governor or other
                                      authorized official of any
                                      State which contains . .
                                      Indian oil and gas leases
                                      where the Indian Tribe and
                                      allottees have given the
                                      State an affirmative
                                      indication of their desire
                                      for the State to undertake
                                      certain royalty management-
                                      related activities on
                                      their lands, may petition
                                      the Secretary to assume
                                      responsibilities to
                                      conduct audits and related
                                      investigations of royalty
                                      related matters affecting
                                      . . . Indian oil and gas
                                      leases within the State .
                                      . .

[[Page 51601]]

 
                                     (d) In the event that the
                                      Secretary denies the
                                      petition, the Secretary
                                      must provide the State
                                      with the specific reasons
                                      for denial of the
                                      petition. The State will
                                      then have 60 days to
                                      either contest or correct
                                      specific deficiencies and
                                      to reapply for a
                                      delegation of authority.
1229.102(c)........................  Fact-finding and hearings..               1               1               1
                                     (c) A State petitioning for
                                      a delegation of authority
                                      shall be given the
                                      opportunity to present
                                      testimony at a public
                                      hearing.
1229.103(c)........................  Duration of delegations;                  1               1               1
                                      termination of delegations.
                                     (c) A State may terminate a
                                      delegation of authority by
                                      giving a 120-day written
                                      notice of intent to
                                      terminate.
1229.105...........................  Evidence of Indian                        1               1               1
                                      agreement to delegation.
                                     In the case of a State
                                      seeking a delegation of
                                      authority for Indian lands
                                      . . . the State petition
                                      to the Secretary must be
                                      supported by an
                                      appropriate resolution or
                                      resolutions of tribal
                                      councils joining the State
                                      in petitioning for
                                      delegation and evidence of
                                      the agreement of
                                      individual Indian
                                      allottees whose lands
                                      would be involved in a
                                      delegation. Such evidence
                                      shall specifically speak
                                      to having the State assume
                                      delegated responsibility
                                      for specific functions
                                      related to royalty
                                      management activities.
1229.106...........................  Withdrawal of Indian lands                1               1               1
                                      from delegated authority.
                                     If at any time an Indian
                                      Tribe or an individual
                                      Indian allottee determines
                                      that it wishes to withdraw
                                      from the State delegation
                                      of authority in relation
                                      to its lands, it may do so
                                      by sending a petition of
                                      withdrawal to the State. .
                                      . ..
1229.109(a)........................  Reimbursement for costs                   1               1               1
                                      incurred by a State under
                                      the delegation of
                                      authority.
                                     (a) The Department of the
                                      Interior (DOI) shall
                                      reimburse the State for
                                      100 percent of the direct
                                      cost associated with the
                                      activities undertaken
                                      under the delegation of
                                      authority. The State shall
                                      maintain books and records
                                      in accordance with the
                                      standards established by
                                      the DOI and will provide
                                      the DOI, on a quarterly
                                      basis, a summary of costs
                                      incurred . . ..
1229.109(b)........................  (b) The State shall submit                1               4               4
                                      a voucher for
                                      reimbursement of costs
                                      incurred within 30 days of
                                      the end of each calendar
                                      quarter.
----------------------------------------------------------------------------------------------------------------
                                             Delegation Requirements
----------------------------------------------------------------------------------------------------------------
1229.120...........................  Obtaining regulatory and                  1               1               1
                                      policy guidance.
                                     All activities performed by
                                      a State under a delegation
                                      must be in full accord
                                      with all Federal laws,
                                      rules and regulations, and
                                      Secretarial and agency
                                      determinations and orders
                                      relating to the
                                      calculation, reporting,
                                      and payment of oil and gas
                                      royalties. In those cases
                                      when guidance or
                                      interpretations are
                                      necessary, the State will
                                      direct written requests
                                      for such guidance or
                                      interpretation to the
                                      appropriate ONRR
                                      officials. . . ..
1229.121...........................  Recordkeeping requirements.               1               1               1
                                     (a) The State shall
                                      maintain in a safe and
                                      secure manner all records,
                                      workpapers, reports, and
                                      correspondence gained or
                                      developed as a consequence
                                      of audit or investigative
                                      activities conducted under
                                      the delegation . . .
                                     (b) The State must maintain
                                      in a confidential manner
                                      all data obtained from DOI
                                      sources or from payor or
                                      company sources under the
                                      delegation . . .

[[Page 51602]]

 
                                     (c) All records subject to
                                      the requirements of
                                      paragraph (a) must be
                                      maintained for a 6-year
                                      period measured from the
                                      end of the calendar year
                                      in which the records were
                                      created . . . Upon
                                      termination of a
                                      delegation, the State
                                      shall, within 90 days from
                                      the date of termination,
                                      assemble all records
                                      specified in subsection
                                      (a), complete all working
                                      paper files in accordance
                                      with Sec.   229.124, and
                                      transfer such records to
                                      the ONRR.
                                     (d) The State shall
                                      maintain complete cost
                                      records for the delegation
                                      in accordance with
                                      generally accepted
                                      accounting principles. . .
                                      .
1229.122...........................  Coordination of audit                     1               1               1
                                      activities.
                                     (a) Each State with a
                                      delegation of authority
                                      shall submit annually to
                                      the ONRR an audit workplan
                                      specifically identifying
                                      leases, resources,
                                      companies, and payors
                                      scheduled for audit . . A
                                      State may request changes
                                      to its workplan . . at the
                                      end of each quarter of
                                      each fiscal year. All
                                      requested changes are
                                      subject to approval by the
                                      ONRR and must be submitted
                                      in writing.
                                     (b) When a State plans to
                                      audit leases of a lessee
                                      or royalty payor for which
                                      there is an ONRR or OIG
                                     resident audit team, all
                                      audit activities must be
                                      coordinated through the
                                      ONRR or OIG resident
                                      supervisor. . ..
                                     (c) The State shall consult
                                      with the ONRR and/or OIG
                                      regarding resolution of
                                      any coordination problems
                                      encountered during the
                                      conduct of delegation
                                      activities.
1229.123(b)(3)(i)..................  Standards for audit                       1               1               1
                                      activities.
                                     (b)(3) Standards of
                                      reporting. (i) Written
                                      audit reports are to be
                                      submitted to the
                                      appropriate ONRR officials
                                      at the end of each field
                                      examination.
1229.124...........................  Documentation standards....               1               1               1
                                     Every audit performed by a
                                      State under a delegation
                                      of authority must meet
                                      certain documentation
                                      standards. In particular,
                                      detailed work papers must
                                      be developed and
                                      maintained.
1229.125(a) and (b)................  Preparation and issuance of               1               1               1
                                      enforcement documents.
                                     (a) Determinations of
                                      additional royalties due
                                      resulting from audit
                                      activities conducted under
                                      a delegation of authority
                                      must be formally
                                      communicated by the State,
                                      to the companies or other
                                      payors by an issue letter
                                      prior to any enforcement
                                      action. . . .
                                     (b) After evaluating the
                                      company or payor's
                                      response to the issue
                                      letter, the State shall
                                      draft a demand letter
                                      which will be submitted
                                      with supporting workpaper
                                      files to the ONRR for
                                      appropriate enforcement
                                      action. Any substantive
                                      revisions to the demand
                                      letter will be discussed
                                      with the State prior to
                                      issuance of the letter. .
                                      . .
1229.126(a) and (b)................  Appeals....................               1               1               1
                                     (a) . . . The State
                                      regulatory authority
                                      shall, upon the request of
                                      the ONRR, provide
                                      competent and
                                      knowledgeable staff for
                                      testimony, as well as any
                                      required documentation and
                                      analyses, in support of
                                      the lessor's position
                                      during the appeal process.
                                     (b) An affected State, upon
                                      the request of the ONRR,
                                      shall provide expert
                                      witnesses from their audit
                                      staff for testimony as
                                      well as required
                                      documentation and analyses
                                      to support the
                                      Department's position
                                      during the litigation of
                                      court cases arising from
                                      denied appeals. . . .
1229.127...........................  Reports from States........               1               1               1
                                     The State, acting under the
                                      authority of the
                                      Secretarial delegation,
                                      shall submit quarterly
                                      reports which will
                                      summarize activities
                                      carried out by the State
                                      during the preceding
                                      quarter of the year under
                                      the provisions of the
                                      delegation. . . ..
                                                                 -----------------------------------------------

[[Page 51603]]

 
    Subtotal Burden for 30 CFR Part  ...........................              19              19
     229.
                                                                 -----------------------------------------------
        Total Burden...............  ...........................  ..............             213          17,705
----------------------------------------------------------------------------------------------------------------

III. Request for 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 that ONRR collects; 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 February 5, 2015 (80 FR 6540), 
announcing that we would submit this ICR to OMB for approval. The 
notice provided the required 60-day comment period. We received no 
unsolicited comments in response to the notice.
    Public Disclosure Statement: The PRA (44 U.S.C. 3501 et seq.) 
provides that 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.
    Public Comment Policy: ONRR will post all comments, including names 
and addresses of respondents at http://www.regulations.gov. Before 
including Personally Identifiable Information (PII), such as your 
address, phone number, email address, or other personal information in 
your comment(s), you should be aware that your entire comment 
(including PII) may be made available to the public at any time. While 
you may ask us, in your comment, to withhold PII from public view, we 
cannot guarantee that we will be able to do so.

     Dated: August 17, 2015.
Gregory J. Gould,
Director, Office of Natural Resources Revenue.
[FR Doc. 2015-20926 Filed 8-24-15; 8:45 am]
BILLING CODE 4335-30-P



                                                                                 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices                                           51597

                                                    currently valid Office of Management                    questions, contact Mr. Luis Aguilar, at               agreements with States (30 U.S.C. 1735,
                                                    and Budget control number.                              (303) 231–3418, or via email to                       sect. 205) and Indian Tribes (30 U.S.C.
                                                      Dated: August 13, 2015.                               luis.aguilar@onrr.gov. You may also                   1732, sect. 202) to conduct certain
                                                    Gregory J. Gould,                                       contact Mr. Aguilar to obtain copies                  inspections, audits, investigations, or
                                                                                                            (free of charge) of (1) the ICR, (2) any              limited enforcement activities for oil
                                                    Director, Office of Natural Resources
                                                    Revenue.                                                associated forms, and (3) the regulations             and gas leases within their respective
                                                                                                            that require the subject collection of                boundaries. The States and Indian
                                                    [FR Doc. 2015–20927 Filed 8–24–15; 8:45 am]
                                                                                                            information. You may also review the                  Tribes are working partners and are an
                                                    BILLING CODE 4335–30–P
                                                                                                            information collection request online at              integral part of the overall onshore and
                                                                                                            http://www.reginfo.gov/public/do/                     offshore compliance effort. The
                                                                                                            PRAMain.                                              Appropriations Act of 1992 also
                                                    DEPARTMENT OF THE INTERIOR
                                                                                                                                                                  authorizes the States and Tribes to
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    Office of Natural Resources Revenue                                                                           perform the same functions for coal and
                                                                                                            1. Abstract                                           other solid mineral leases.
                                                    [Docket No. ONRR–2011–0025; DS63610000                                                                          This collection of information is
                                                    DR2PS0000.CH7000 156D0102R2]                               The Secretary of the U.S. Department
                                                                                                                                                                  necessary in order to verify that States
                                                                                                            of the Interior is responsible for mineral
                                                                                                                                                                  and Tribes are able to effectively
                                                    Agency Information Collection                           resource development on Federal and
                                                                                                                                                                  conduct audits and related
                                                    Activities: Delegated and Cooperative                   Indian lands and the Outer Continental
                                                                                                                                                                  investigations of Federal and Indian oil,
                                                    Activities With States and Indian                       Shelf (OCS). Under the Mineral Leasing
                                                                                                                                                                  gas, coal, any other solid minerals, and
                                                    Tribes—OMB Control Number 1012–                         Act of 1920, Outer Continental Shelf
                                                                                                                                                                  geothermal royalty revenues from
                                                    0003; Comment Request                                   Lands Act of 1953 (OCS Lands Act),
                                                                                                                                                                  Federal and Tribal leased lands.
                                                                                                            Geothermal Steam Act of 1970, and
                                                    AGENCY: Office of Natural Resources                                                                           Relevant parts of the regulations include
                                                                                                            Indian Mineral Development Act of
                                                    Revenue, Interior.                                                                                            30 CFR parts 1227, 1228, and 1229, as
                                                                                                            1982, the Secretary is required to                    described below:
                                                    ACTION: Notice of renewal of an existing                manage mineral resource production on
                                                    Information Collection.                                                                                         Title 30 CFR part 1227—Delegation to
                                                                                                            Federal and Indian lands and the OCS,                 States provides procedures to delegate
                                                    SUMMARY:    To comply with the                          collect the royalties and other mineral               certain Federal minerals revenue
                                                    Paperwork Reduction Act of 1995                         revenues due, and distribute the funds                management functions to States for
                                                    (PRA), the Office of Natural Resources                  collected in accordance with applicable               Federal oil and gas leases. This
                                                    Revenue (ONRR) is notifying the public                  laws. The Secretary also has a trust                  regulation also provides only audit and
                                                    that we have submitted to the Office of                 responsibility to manage Indian lands                 investigation functions to States for
                                                    Management and Budget (OMB) an                          and to seek advice and information from               Federal geothermal and solid mineral
                                                    information collection request (ICR) to                 Indian beneficiaries. ONRR performs the               leases, and leases subject to section 8(g)
                                                    renew approval of the paperwork                         minerals revenue management functions                 of the OCS Lands Act, within their State
                                                    requirements in the regulations under                   for the Secretary and assists the                     boundaries. In order for ONRR to
                                                    30 CFR parts 1227, 1228, and 1229. This                 Secretary in carrying out the                         consider a State for such delegation, the
                                                    notice also provides the public with a                  Department’s trust responsibility for                 State must submit a written proposal to,
                                                    second opportunity to comment on the                    Indian lands. Public laws pertaining to               and receive approval from, the ONRR
                                                    paperwork burden of these regulatory                    mineral leases on Federal and Indian                  Director. States also must provide
                                                    requirements.                                           lands and the OCS are available at                    periodic accounting documentation to
                                                                                                            http://www.onrr.gov/Laws_R_D/                         ONRR, including an annual work plan
                                                    DATES: OMB has up to 60 days to                         PublicLawsAMR.htm.                                    and quarterly reimbursement vouchers.
                                                    approve or disapprove this information                     When a company or an individual                      Title 30 CFR part 1228—Cooperative
                                                    collection request but may respond after                enters into a lease to explore, develop,              Activities with States and Indian Tribes,
                                                    30 days; therefore, you should submit                   produce, and dispose of minerals from                 provides procedures for Indian Tribes to
                                                    your public comments to OMB by                          Federal or Indian lands, that company                 carry out audits and related
                                                    September 24, 2015 for the assurance of                 or individual agrees to pay the lessor a              investigations of their respective leased
                                                    consideration.                                          share (royalty) of the value received                 lands. The Tribe must submit a written
                                                    ADDRESSES: You may submit your                          from production on leased lands. The                  proposal to ONRR in order to enter into
                                                    written comments directly to the Desk                   lessee, or the designee, must report                  a cooperative agreement. The proposal
                                                    Officer for the Department of the                       various kinds of information to the                   must outline the activities that the Tribe
                                                    Interior (OMB Control Number 1012–                      lessor relative to the disposition of the             will undertake and must present
                                                    0003), Office of Information and                        leased minerals. Such information is                  evidence that the Tribe can meet the
                                                    Regulatory Affairs, OMB, by email to                    generally available within the records of             Secretary’s standards in order for the
                                                    OIRA_Submission@omb.eop.gov or                          the lessee or others involved in                      Tribe to conduct the activities. The
                                                    telefax at (202) 395–5806. Please also                  developing, transporting, processing,                 Tribe also must submit an annual work
                                                    mail a copy of your comments to Mr.                     purchasing, or selling such minerals.                 plan and budget, as well as quarterly
                                                    Luis Aguilar, Regulatory Specialist,                    The information that ONRR collects                    reimbursement vouchers.
                                                    ONRR, P.O. Box 25165, MS 61030A,                        includes data necessary to ensure that                  Title 30 CFR part 1229—Delegation to
                                                    Denver, Colorado 80225–0165, or email                   the lessee accurately values and                      States provides procedures for States to
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Luis.Aguilar@onrr.gov. Please reference                 appropriately pays all royalties and                  carry out audits and related
                                                    OMB Control Number 1012–0003 in                         other mineral revenues due.                           investigations of leased Indian lands
                                                    your comments.                                             The Federal Oil and Gas Royalty                    within their respective State boundaries
                                                    FOR FURTHER INFORMATION CONTACT: For                    Management Act of 1982 (FOGRMA),                      by permission of the respective Indian
                                                    questions on technical issues, contact                  which the Federal Oil and Gas Royalty                 Tribal councils or individual Indian
                                                    Peter Hanley, State and Tribal Support,                 Simplification and Fairness Act of 1996               mineral owners. The State must receive
                                                    ONRR, at (303) 231–3721, or via email                   amended, authorizes the Secretary to                  the Secretary’s delegation of authority
                                                    to peter.hanley@onrr.gov. For other                     develop delegated and cooperative                     and submit annual audit work plans


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                                                    51598                            Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices

                                                    detailing its audits and related                             2. Data                                               hour cost’’ burden associated with this
                                                    investigations, annual budgets, and                             Title: 30 CFR parts 1227, 1228, and                collection of information.
                                                    quarterly reimbursement vouchers.                            1229, Delegated and Cooperative                         We have not included in our
                                                    States also must maintain records                            Activities with States and Indian Tribes.             estimates certain usual and customary
                                                    according to section 1227.200(d).                               OMB Control Number: 1012–0003.                     requirements that States and Tribes
                                                      ONRR protects proprietary                                     Bureau Form Numbers: None.                         perform in the normal course of
                                                                                                                    Frequency: Varies based on the
                                                    information that the States and Tribes                                                                             business. This 30-day Federal Register
                                                                                                                 function performed.
                                                    submit under this collection. We do not                         Estimated Number and Description of                notice burden chart shows an
                                                    collect items of a sensitive nature. States                  Respondents: 10 States and 6 Indian                   adjustment increase of +4,786 burden
                                                    and Tribes must respond in order to                          Tribes.                                               hours from the previous 60-day notice;
                                                    obtain the benefit of entering into a                           Estimated Annual Reporting and                     we based this adjustment on comments
                                                    cooperative agreement with the                               Recordkeeping ‘‘Hour’’ Burden: 17,705                 that we received from the Shoshone-
                                                    Secretary.                                                   hours.                                                Arapaho and Navajo Tribes. The
                                                                                                                    Estimated Annual Reporting and                     following table shows the estimated
                                                                                                                 Recordkeeping ‘‘Non-hour’’ Cost                       burden hours by CFR section and
                                                                                                                 Burden: We have identified no ‘‘non-                  paragraph:
                                                                                                        RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
                                                                                                                                                                         Hour            Number of          Annual
                                                                30 CFR section                              Reporting and recordkeeping requirements                  burden per           annual        burden hours
                                                                                                                                                                       response          responses

                                                                                                                        Part 1227—Delegation to States

                                                                                                                              Delegation Proposals

                                                    1227.103; 107; 109; 110(a–b(1));                What must a State’s delegation proposal contain? .........                  200                  1            200
                                                      110 (c–e); 111(a–b); 805.                     If you want ONRR to delegate royalty management
                                                                                                       functions to you, then you must submit a delegation
                                                                                                       proposal to the ONRR Deputy Director. ONRR will
                                                                                                       provide you with technical assistance and information
                                                                                                       to help you prepare your delegation proposal. . . .

                                                                                                                               Delegation Process

                                                    1227.110(b)(2) ..............................   (b)(2) If you want to change the terms of your delega-                       16              11               176
                                                                                                      tion agreement for the renewal period, you must sub-
                                                                                                      mit a new delegation proposal under this part.

                                                                                                                              Existing Delegations

                                                                                                                                   Compensation

                                                    1227.112(d) and (e) ......................      What compensation will a State receive to perform dele-                        4             64               256
                                                                                                      gated functions?
                                                                                                    You will receive compensation for your costs to perform
                                                                                                      each delegated function subject to the following con-
                                                                                                      ditions . . .
                                                                                                    (d) At a minimum, you must provide vouchers detailing
                                                                                                      your expenditures quarterly during the fiscal year.
                                                                                                      However, you may agree to provide vouchers on a
                                                                                                      monthly basis in your delegation agreement . . .
                                                                                                    (e) You must maintain adequate books and records to
                                                                                                      support your vouchers . . .

                                                                                                           States’ Responsibilities To Perform Delegated Functions

                                                    1227.200(a), (b), (c) and (d) .........         What are a State’s general responsibilities if it accepts a                 940              10             9,400
                                                                                                       delegation?.
                                                                                                    For each delegated function you perform, you must: (a)
                                                                                                       . . . seek information or guidance from ONRR re-
                                                                                                       garding new, complex, or unique issues. . . .
                                                                                                    (b)(1) . . . Provide complete disclosure of financial re-
                                                                                                       sults of activities;
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                                                                                                    (2) Maintain correct and accurate records of all mineral-
                                                                                                       related transactions and accounts;
                                                                                                    (3) Maintain effective controls and accountability;
                                                                                                    (4) Maintain a system of accounts . . .
                                                                                                    (5) Maintain adequate royalty and production informa-
                                                                                                       tion . . .
                                                                                                    (c) Assist ONRR in meeting the requirements of the
                                                                                                       Government Performance and Results Act (GPRA)
                                                                                                       . . .



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                                                                                        Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices                                                                                    51599

                                                                                                 RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
                                                                                                                                                                                                          Hour                 Number of          Annual
                                                                30 CFR section                                   Reporting and recordkeeping requirements                                              burden per                annual        burden hours
                                                                                                                                                                                                        response               responses

                                                                                                      (d) Maintain all records you obtain or create under your
                                                                                                         delegated function, such as royalty reports, produc-
                                                                                                         tion reports, and other related information. . . You
                                                                                                         must maintain such records for at least 7 years. . . .
                                                    1227.200(e); 801(a); 804 ..............           (e) Provide reports to ONRR about your activities under                                                            3             40               120
                                                                                                         your delegated functions . . At a minimum, you must
                                                                                                         provide periodic statistical reports to ONRR summa-
                                                                                                         rizing the activities you carried out . . .
                                                    1227.200(f); 401(e); 601(d) ...........           (f) Assist ONRR in maintaining adequate reference, roy-                                                            1                 1              1
                                                                                                         alty, and production databases. . . .
                                                    1227.200(g); 301(e) ......................        (g) Develop annual work plans . . .                                                                               60             10               600
                                                    1227.200(h) ...................................   (h) Help ONRR respond to requests for information from                                                             8             10                80
                                                                                                         other Federal agencies, Congress, and the public
                                                                                                         . . .
                                                    1227.400(a)(4) and (a)(6); 401(d);                What functions may a State perform in processing pro-                                                              1                 1              1
                                                      501(c).                                            duction reports or royalty reports?
                                                                                                      Production reporters or royalty reporters provide produc-
                                                                                                         tion, sales, and royalty information on mineral produc-
                                                                                                         tion from leases that must be collected, analyzed, and
                                                                                                         corrected.
                                                                                                      (a) If you request delegation of either production report
                                                                                                         or royalty report processing functions, you must per-
                                                                                                         form . . .
                                                                                                      (4) Timely transmitting production report or royalty re-
                                                                                                         port data to ONRR and other affected Federal agen-
                                                                                                         cies . . .
                                                                                                      (6) Providing production data or royalty data to ONRR
                                                                                                         and other affected Federal agencies. . . .
                                                    1227.400(c) ...................................   (c) You must provide ONRR with a copy of any excep-                                                                1                 1              1
                                                                                                         tions from reporting and payment requirements for
                                                                                                         marginal properties and any alternative royalty and
                                                                                                         payment requirements for unit agreements and
                                                                                                         communitization agreements you approve.
                                                    1227.601(c) ...................................   What are a State’s responsibilities if it performs auto-
                                                                                                         mated verification?

                                                                                                      To perform automated verification of production reports                                                             1                1              1
                                                                                                         or royalty reports, you must . . .
                                                                                                      (c) Maintain all documentation and logging procedures
                                                                                                         . . .

                                                                                                                                             Performance Review

                                                          Subtotal Burden for 30 CFR                  ...........................................................................................   ........................          150            10,836
                                                            Part 1227.

                                                                                                        Part 1228—Cooperative Activities With States and Indian Tribes

                                                                                                                                  Subpart C—Oil and Gas, Onshore

                                                    1228.100(a)         and      (b);    101(c);      Entering into an agreement .............................................                                        200                  1            200
                                                      107(b).
                                                                                                      (a) . . . Indian Tribe may request the Department to
                                                                                                        enter into a cooperative agreement by sending a let-
                                                                                                        ter from . . . tribal chairman . . . to the Director of
                                                                                                        ONRR.
                                                                                                      (b) The request for an agreement shall be in a format
                                                                                                        prescribed by ONRR and should include at a min-
                                                                                                        imum the following information:
                                                                                                      (1) Type of eligible activities to be undertaken.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                      (2) Proposed term of the agreement.
                                                                                                      (3) Evidence that . . . Indian Tribe meets, or can meet
                                                                                                        by the time the agreement is in effect . . .
                                                                                                      (4) If the State is proposing to undertake activities on
                                                                                                        Indian lands located within the State, a resolution
                                                                                                        from the appropriate tribal council indicating their
                                                                                                        agreement to delegate to the State responsibilities
                                                                                                        under the terms of the cooperative agreement for ac-
                                                                                                        tivities to be conducted on tribal or allotted land.



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                                                    51600                              Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices

                                                                                                 RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
                                                                                                                                                                                                          Hour                 Number of          Annual
                                                                30 CFR section                                   Reporting and recordkeeping requirements                                              burden per                annual        burden hours
                                                                                                                                                                                                        response               responses

                                                    1228.101(a) ...................................   Terms of agreement.                                                                                               15                 6             90
                                                                                                      (a) Agreements entered into under this part shall be
                                                                                                         valid for a period of 3 years and shall be renew-
                                                                                                         able . . . upon request of . . . Indian Tribe. . . .
                                                    1228.101(d) ...................................   (d) . . . Indian Tribe will be given 60 days to respond                                                          80                  1             80
                                                                                                        to the notice of deficiencies and to provide a plan for
                                                                                                        correction of those deficiencies. . . .
                                                    1228.103(a) and (b) ......................        Maintenance of records ...................................................                                      940                  6          5,640
                                                                                                      (a) . . . Indian Tribe entering into a cooperative agree-
                                                                                                         ment under this part must retain all records, reports,
                                                                                                         working papers, and any backup materials . . .
                                                                                                      (b) . . . Indian Tribe shall maintain all books and
                                                                                                         records . . .
                                                    1228.105(a)(1) and (a)(2) .............           Funding of cooperative agreements ................................                                                60                 6            360
                                                                                                      (a)(1) The Department may, under the terms of the co-
                                                                                                         operative agreement, reimburse . . Indian Tribe up
                                                                                                         to 100 percent of the costs of eligible activities. Eligi-
                                                                                                         ble activities will be agreed upon annually upon the
                                                                                                         submission and approval of a work plan and funding
                                                                                                         requirement.
                                                                                                      (2) A cooperative agreement may be entered into
                                                                                                         with . . . Indian Tribe, upon request, without a re-
                                                                                                         quirement for reimbursement of costs by the Depart-
                                                                                                         ment.
                                                    1228.105(c) ...................................   (c) . . . Indian Tribe shall submit a voucher for reim-                                                           20             24               480
                                                                                                         bursement of eligible costs incurred within 30 days of
                                                                                                         the end of each calendar quarter. . . . Indian Tribe
                                                                                                         must provide the Department a summary of costs in-
                                                                                                         curred, for which . . . Indian Tribe is seeking reim-
                                                                                                         bursement, with the voucher.

                                                          Subtotal Burden for 30 CFR                  ...........................................................................................   ........................           44             6,850
                                                            Part 1228.

                                                                                                                                    Part 1229—Delegation to States

                                                                                                                                  Subpart C—Oil and Gas, Onshore

                                                                                                                                     Administration of Delegations

                                                    1229.100(a)(1) and (a)(2) .............           Authorities and responsibilities subject to delegation ......                                                       1                1              1
                                                                                                      (a) All or part of the following authorities and respon-
                                                                                                        sibilities of the Secretary under the Act may be dele-
                                                                                                        gated to a State authority:
                                                                                                      (1) Conduct of audits related to oil and gas royalty pay-
                                                                                                        ments made to the Office of Natural Resources Rev-
                                                                                                        enue (ONRR) which are attributable to leased . . In-
                                                                                                        dian lands within the State. Delegations with respect
                                                                                                        to any Indian lands require the written permission,
                                                                                                        subject to the review of the ONRR, of the affected In-
                                                                                                        dian Tribe or allottee.
                                                                                                      (2) Conduct of investigation related to oil and gas roy-
                                                                                                        alty payments made to the ONRR which are attrib-
                                                                                                        utable to . . Indian lands within the State. Delega-
                                                                                                        tion with respect to any Indian lands require the writ-
                                                                                                        ten permission, subject to the review of the ONRR, of
                                                                                                        the affected Indian Tribe or allottee. No investigation
                                                                                                        will be initiated without the specific approval of the
                                                                                                        ONRR. . . .
                                                    1229.101(a) and (d) ......................        Petition for delegation ......................................................                                      1                1              1
                                                                                                      (a) The governor or other authorized official of any
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                        State which contains . . Indian oil and gas leases
                                                                                                        where the Indian Tribe and allottees have given the
                                                                                                        State an affirmative indication of their desire for the
                                                                                                        State to undertake certain royalty management-re-
                                                                                                        lated activities on their lands, may petition the Sec-
                                                                                                        retary to assume responsibilities to conduct audits
                                                                                                        and related investigations of royalty related matters
                                                                                                        affecting . . . Indian oil and gas leases within the
                                                                                                        State . . .



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                                                                                        Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices                                                          51601

                                                                                                  RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
                                                                                                                                                                                       Hour          Number of          Annual
                                                                 30 CFR section                                Reporting and recordkeeping requirements                             burden per         annual        burden hours
                                                                                                                                                                                     response        responses

                                                                                                       (d) In the event that the Secretary denies the petition,
                                                                                                          the Secretary must provide the State with the specific
                                                                                                          reasons for denial of the petition. The State will then
                                                                                                          have 60 days to either contest or correct specific defi-
                                                                                                          ciencies and to reapply for a delegation of authority.
                                                    1229.102(c) ...................................    Fact-finding and hearings ................................................                1               1              1
                                                                                                       (c) A State petitioning for a delegation of authority shall
                                                                                                          be given the opportunity to present testimony at a
                                                                                                          public hearing.
                                                    1229.103(c) ...................................    Duration of delegations; termination of delegations ........                              1               1              1
                                                                                                       (c) A State may terminate a delegation of authority by
                                                                                                          giving a 120-day written notice of intent to terminate.
                                                    1229.105 .......................................   Evidence of Indian agreement to delegation ...................                            1               1              1
                                                                                                       In the case of a State seeking a delegation of authority
                                                                                                          for Indian lands . . . the State petition to the Sec-
                                                                                                          retary must be supported by an appropriate resolution
                                                                                                          or resolutions of tribal councils joining the State in pe-
                                                                                                          titioning for delegation and evidence of the agreement
                                                                                                          of individual Indian allottees whose lands would be in-
                                                                                                          volved in a delegation. Such evidence shall specifi-
                                                                                                          cally speak to having the State assume delegated re-
                                                                                                          sponsibility for specific functions related to royalty
                                                                                                          management activities.
                                                    1229.106 .......................................   Withdrawal of Indian lands from delegated authority ......                                1               1              1
                                                                                                       If at any time an Indian Tribe or an individual Indian al-
                                                                                                          lottee determines that it wishes to withdraw from the
                                                                                                          State delegation of authority in relation to its lands, it
                                                                                                          may do so by sending a petition of withdrawal to the
                                                                                                          State. . . .
                                                    1229.109(a) ...................................    Reimbursement for costs incurred by a State under the                                     1               1              1
                                                                                                          delegation of authority.
                                                                                                       (a) The Department of the Interior (DOI) shall reimburse
                                                                                                          the State for 100 percent of the direct cost associated
                                                                                                          with the activities undertaken under the delegation of
                                                                                                          authority. The State shall maintain books and records
                                                                                                          in accordance with the standards established by the
                                                                                                          DOI and will provide the DOI, on a quarterly basis, a
                                                                                                          summary of costs incurred . . .
                                                    1229.109(b) ...................................    (b) The State shall submit a voucher for reimbursement                                    1               4              4
                                                                                                          of costs incurred within 30 days of the end of each
                                                                                                          calendar quarter.

                                                                                                                                    Delegation Requirements

                                                    1229.120 .......................................   Obtaining regulatory and policy guidance .......................                          1               1              1
                                                                                                       All activities performed by a State under a delegation
                                                                                                         must be in full accord with all Federal laws, rules and
                                                                                                         regulations, and Secretarial and agency determina-
                                                                                                         tions and orders relating to the calculation, reporting,
                                                                                                         and payment of oil and gas royalties. In those cases
                                                                                                         when guidance or interpretations are necessary, the
                                                                                                         State will direct written requests for such guidance or
                                                                                                         interpretation to the appropriate ONRR officials. . . .
                                                    1229.121 .......................................   Recordkeeping requirements ...........................................                    1               1              1
                                                                                                       (a) The State shall maintain in a safe and secure man-
                                                                                                          ner all records, workpapers, reports, and correspond-
                                                                                                          ence gained or developed as a consequence of audit
                                                                                                          or investigative activities conducted under the delega-
                                                                                                          tion . . .
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                                                                                                       (b) The State must maintain in a confidential manner all
                                                                                                          data obtained from DOI sources or from payor or
                                                                                                          company sources under the delegation . . .




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                                                    51602                               Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices

                                                                                                  RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
                                                                                                                                                                                                 Hour          Number of          Annual
                                                                 30 CFR section                                  Reporting and recordkeeping requirements                                     burden per         annual        burden hours
                                                                                                                                                                                               response        responses

                                                                                                       (c) All records subject to the requirements of paragraph
                                                                                                          (a) must be maintained for a 6-year period measured
                                                                                                          from the end of the calendar year in which the
                                                                                                          records were created . . . Upon termination of a del-
                                                                                                          egation, the State shall, within 90 days from the date
                                                                                                          of termination, assemble all records specified in sub-
                                                                                                          section (a), complete all working paper files in accord-
                                                                                                          ance with § 229.124, and transfer such records to the
                                                                                                          ONRR.
                                                                                                       (d) The State shall maintain complete cost records for
                                                                                                          the delegation in accordance with generally accepted
                                                                                                          accounting principles. . . .
                                                    1229.122 .......................................   Coordination of audit activities .........................................                          1               1              1
                                                                                                       (a) Each State with a delegation of authority shall sub-
                                                                                                          mit annually to the ONRR an audit workplan specifi-
                                                                                                          cally identifying leases, resources, companies, and
                                                                                                          payors scheduled for audit . . A State may request
                                                                                                          changes to its workplan . . at the end of each quar-
                                                                                                          ter of each fiscal year. All requested changes are
                                                                                                          subject to approval by the ONRR and must be sub-
                                                                                                          mitted in writing.
                                                                                                       (b) When a State plans to audit leases of a lessee or
                                                                                                          royalty payor for which there is an ONRR or OIG
                                                                                                       resident audit team, all audit activities must be coordi-
                                                                                                          nated through the ONRR or OIG resident supervisor.
                                                                                                          . . .
                                                                                                       (c) The State shall consult with the ONRR and/or OIG
                                                                                                          regarding resolution of any coordination problems en-
                                                                                                          countered during the conduct of delegation activities.
                                                    1229.123(b)(3)(i) ...........................      Standards for audit activities ............................................                         1               1              1
                                                                                                       (b)(3) Standards of reporting. (i) Written audit reports
                                                                                                          are to be submitted to the appropriate ONRR officials
                                                                                                          at the end of each field examination.
                                                    1229.124 .......................................   Documentation standards ................................................                            1               1              1
                                                                                                       Every audit performed by a State under a delegation of
                                                                                                          authority must meet certain documentation standards.
                                                                                                          In particular, detailed work papers must be developed
                                                                                                          and maintained.
                                                    1229.125(a) and (b) ......................         Preparation and issuance of enforcement documents ....                                              1               1              1
                                                                                                       (a) Determinations of additional royalties due resulting
                                                                                                          from audit activities conducted under a delegation of
                                                                                                          authority must be formally communicated by the
                                                                                                          State, to the companies or other payors by an issue
                                                                                                          letter prior to any enforcement action. . . .
                                                                                                       (b) After evaluating the company or payor’s response to
                                                                                                          the issue letter, the State shall draft a demand letter
                                                                                                          which will be submitted with supporting workpaper
                                                                                                          files to the ONRR for appropriate enforcement action.
                                                                                                          Any substantive revisions to the demand letter will be
                                                                                                          discussed with the State prior to issuance of the let-
                                                                                                          ter. . . .
                                                    1229.126(a) and (b) ......................         Appeals ............................................................................                1               1              1
                                                                                                       (a) . . . The State regulatory authority shall, upon the
                                                                                                         request of the ONRR, provide competent and knowl-
                                                                                                         edgeable staff for testimony, as well as any required
                                                                                                         documentation and analyses, in support of the les-
                                                                                                         sor’s position during the appeal process.
                                                                                                       (b) An affected State, upon the request of the ONRR,
                                                                                                          shall provide expert witnesses from their audit staff
                                                                                                          for testimony as well as required documentation and
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                                                                                                          analyses to support the Department’s position during
                                                                                                          the litigation of court cases arising from denied ap-
                                                                                                          peals. . . .
                                                    1229.127 .......................................   Reports from States .........................................................                       1               1              1
                                                                                                       The State, acting under the authority of the Secretarial
                                                                                                          delegation, shall submit quarterly reports which will
                                                                                                          summarize activities carried out by the State during
                                                                                                          the preceding quarter of the year under the provisions
                                                                                                          of the delegation. . . .


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                                                                                  Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices                                                                                 51603

                                                                                           RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
                                                                                                                                                                                                    Hour                 Number of       Annual
                                                              30 CFR section                               Reporting and recordkeeping requirements                                              burden per                annual     burden hours
                                                                                                                                                                                                  response               responses

                                                         Subtotal Burden for 30 CFR             ...........................................................................................                      19              19
                                                           Part 229.

                                                             Total Burden ...................   ...........................................................................................   ........................          213         17,705



                                                    III. Request for Comments                                        Dated: August 17, 2015.                                                      Information System (EDIS) at EDIS.3
                                                                                                                   Gregory J. Gould,                                                              Hearing-impaired persons are advised
                                                      Section 3506(c)(2)(A) of the PRA                             Director, Office of Natural Resources                                          that information on this matter can be
                                                    requires each agency to ‘‘* * * provide                        Revenue.                                                                       obtained by contacting the
                                                    60-day notice in the Federal Register                          [FR Doc. 2015–20926 Filed 8–24–15; 8:45 am]                                    Commission’s TDD terminal on (202)
                                                    * * * and otherwise consult with                               BILLING CODE 4335–30–P                                                         205–1810.
                                                    members of the public and affected                                                                                                            SUPPLEMENTARY INFORMATION: The
                                                    agencies concerning each proposed                                                                                                             Commission has received a complaint
                                                    collection of information * * *.’’                                                                                                            and a submission pursuant to section
                                                    Agencies must specifically solicit                             INTERNATIONAL TRADE
                                                                                                                   COMMISSION                                                                     210.8(b) of the Commission’s Rules of
                                                    comments to (a) evaluate whether the                                                                                                          Practice and Procedure filed on behalf
                                                    proposed collection of information is                          Notice of Receipt of Complaint;                                                of Silicon Genesis Corp. on August 19,
                                                    necessary for the agency to perform its                        Solicitation of Comments Relating to                                           2015. The complaint alleges violations
                                                    duties, including whether the                                  the Public Interest                                                            of section 337 of the Tariff Act of 1930
                                                    information is useful; (b) evaluate the                                                                                                       (19 U.S.C. 1337) in the importation into
                                                    accuracy of the agency’s estimate of the                       AGENCY: U.S. International Trade                                               the United States, the sale for
                                                    burden of the proposed collection of                           Commission.                                                                    importation, and the sale within the
                                                    information; (c) enhance the quality,                          ACTION: Notice.                                                                United States after importation of
                                                    usefulness, and clarity of the                                                                                                                certain silicon-on-insulator wafers. The
                                                    information that ONRR collects; and (d)                        SUMMARY:    Notice is hereby given that                                        complaint names as a respondent
                                                    minimize the burden on the                                     the U.S. International Trade                                                   S.O.I.TEC Silicon on Insulator
                                                    respondents, including the use of                              Commission has received a complaint                                            Technologies, S.A. of France. The
                                                    automated collection techniques or                             entitled Certain Silicon-on-Insulator                                          complainant requests that the
                                                    other forms of information technology.                         Wafers, DN 3083; the Commission is                                             Commission issue a permanent
                                                                                                                   soliciting comments on any public                                              exclusion order, cease and desist orders,
                                                      To comply with the public                                    interest issues raised by the complaint                                        and a bond upon respondents’ alleged
                                                    consultation process, we published a                           or complainant’s filing under section                                          infringing articles during the 60-day
                                                    notice in the Federal Register on                              210.8(b) of the Commission’s Rules of                                          Presidential review period pursuant to
                                                    February 5, 2015 (80 FR 6540),                                 Practice and Procedure (19 CFR                                                 19 U.S.C. 1337(j).
                                                    announcing that we would submit this                           210.8(b)).                                                                        Proposed respondents, other
                                                    ICR to OMB for approval. The notice                                                                                                           interested parties, and members of the
                                                                                                                   FOR FURTHER INFORMATION CONTACT:      Lisa
                                                    provided the required 60-day comment                                                                                                          public are invited to file comments, not
                                                                                                                   R. Barton, Secretary to the Commission,
                                                    period. We received no unsolicited                                                                                                            to exceed five (5) pages in length,
                                                                                                                   U.S. International Trade Commission,
                                                    comments in response to the notice.                            500 E Street SW., Washington, DC                                               inclusive of attachments, on any public
                                                      Public Disclosure Statement: The PRA                         20436, telephone (202) 205–2000. The                                           interest issues raised by the complaint
                                                    (44 U.S.C. 3501 et seq.) provides that an                      public version of the complaint can be                                         or section 210.8(b) filing. Comments
                                                    agency may not conduct or sponsor—                             accessed on the Commission’s                                                   should address whether issuance of the
                                                    and a person is not required to respond                        Electronic Document Information                                                relief specifically requested by the
                                                    to—a collection of information unless it                       System (EDIS) at EDIS,1 and will be                                            complainant in this investigation would
                                                    displays a currently valid OMB control                         available for inspection during official                                       affect the public health and welfare in
                                                    number.                                                        business hours (8:45 a.m. to 5:15 p.m.)                                        the United States, competitive
                                                      Public Comment Policy: ONRR will                             in the Office of the Secretary, U.S.                                           conditions in the United States
                                                                                                                   International Trade Commission, 500 E                                          economy, the production of like or
                                                    post all comments, including names and
                                                                                                                   Street SW., Washington, DC 20436,                                              directly competitive articles in the
                                                    addresses of respondents at http://
                                                                                                                   telephone (202) 205–2000.                                                      United States, or United States
                                                    www.regulations.gov. Before including
                                                                                                                      General information concerning the                                          consumers.
                                                    Personally Identifiable Information (PII),
                                                                                                                   Commission may also be obtained by                                                In particular, the Commission is
                                                    such as your address, phone number,
                                                                                                                   accessing its Internet server at United                                        interested in comments that:
                                                    email address, or other personal
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                   States International Trade Commission                                             (i) Explain how the articles
                                                    information in your comment(s), you                                                                                                           potentially subject to the requested
                                                                                                                   (USITC) at USITC.2 The public record
                                                    should be aware that your entire                                                                                                              remedial orders are used in the United
                                                                                                                   for this investigation may be viewed on
                                                    comment (including PII) may be made                                                                                                           States;
                                                                                                                   the Commission’s Electronic Document
                                                    available to the public at any time.                                                                                                             (ii) identify any public health, safety,
                                                    While you may ask us, in your                                    1 Electronic Document Information System                                     or welfare concerns in the United States
                                                    comment, to withhold PII from public                           (EDIS): http://edis.usitc.gov.
                                                    view, we cannot guarantee that we will                           2 United States International Trade Commission                                 3 Electronic Document Information System

                                                    be able to do so.                                              (USITC): http://edis.usitc.gov.                                                (EDIS): http://edis.usitc.gov.



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Document Created: 2018-02-23 11:02:31
Document Modified: 2018-02-23 11:02:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of an existing Information Collection.
DatesOMB has up to 60 days to approve or disapprove this information collection request but may respond after 30 days; therefore, you should submit your public comments to OMB by September 24, 2015 for the assurance of consideration.
ContactFor questions on technical issues, contact Peter Hanley, State and Tribal Support, ONRR, at (303) 231- 3721, or via email to [email protected] For other questions, contact Mr. Luis Aguilar, at (303) 231-3418, or via email to [email protected] You may also contact Mr. Aguilar to obtain copies (free of charge) of (1) the ICR, (2) any associated forms, and (3) the regulations that require the subject collection of information. You may also review the information collection request online at http:/ /www.reginfo.gov/public/do/PRAMain.
FR Citation80 FR 51597 

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