82 FR 34333 - Agency Information Collection Activities: Collection of Monies Due the Federal Government

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue

Federal Register Volume 82, Issue 140 (July 24, 2017)

Page Range		34333-34335
FR Document		2017-15470

To comply with the Paperwork Reduction Act of 1995 (PRA), ONRR is inviting comments on a collection of information requests that we will submit to the Office of Management and Budget (OMB) for review and approval. This Information Collection Request (ICR) covers the paperwork requirements in title 30, Code of Federal Regulations (CFR), part 1218. This ICR pertains to cross-lease netting in calculation of late-payment interest; a lessee's designation of designee; and Tribal permission for recoupment on Indian oil and gas leases.

Federal Register, Volume 82 Issue 140 (Monday, July 24, 2017)

[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Notices]
[Pages 34333-34335]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15470]


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DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

[Docket No. ONRR-2011-0009; DS63644000 DR2000000.CH7000 178D0102R2]


Agency Information Collection Activities: Collection of Monies 
Due the Federal Government

AGENCY: Office of Natural Resources Revenue (ONRR), Interior.

ACTION: Notice.

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

SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), ONRR 
is inviting comments on a collection of information requests that we 
will submit to the Office of Management and Budget (OMB) for review and 
approval. This Information Collection Request (ICR) covers the 
paperwork requirements in title 30, Code of Federal Regulations (CFR), 
part 1218. This ICR pertains to cross-lease netting in calculation of 
late-payment interest; a lessee's designation of designee; and Tribal 
permission for recoupment on Indian oil and gas leases.

DATES: You must submit your written comments on or before September 22, 
2017.

ADDRESSES: You may submit comments on this ICR to ONRR by using one of 
the following three methods. Please reference ``ICR 1012-0008'' in your 
comments.
     Electronically go to http://www.regulations.gov. In the 
entry titled ``Enter Keyword or ID,'' enter ``ONRR-2011-0009,'' then 
click ``Search.'' Follow the instructions to submit public comments. 
ONRR will post all comments.
     Email comments to Mr. Armand Southall, Regulatory 
Specialist, at [email protected].
     Hand-carry or mail comments, using an overnight courier 
service, to ONRR. Our courier address is Building 53, entrance E-20, 
Denver Federal Center, West 6th Ave. and Kipling St., Denver, Colorado 
80225. Visitor parking is available near entrance E-20, with a phone to 
request entry. Call Mr. Armando Salazar at (303) 231-3585 or Ms. Janet 
Giron at (303) 231-3088 to gain entrance.

FOR FURTHER INFORMATION CONTACT: For questions on technical issues, 
contact Mr. Hans Meingast, Financial Services, FM, ONRR, telephone 
(303) 231-3382, or email [email protected]. For other questions, 
contact Mr. Armand Southall, telephone (303) 231-3221, or email 
[email protected]. You may also contact Mr. Southall 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: 
    Abstract: The Secretary of the United States Department of the 
Interior is responsible for collecting royalties from lessees who 
produce minerals from leased Federal and Indian lands and the Outer 
Continental Shelf (OCS). Under various laws, the Secretary's 
responsibility is to manage mineral resources production on Federal and 
Indian lands and the OCS, collect the royalties and other mineral 
revenues due, and distribute the funds collected. ONRR performs the 
royalty management functions and assists the Secretary in carrying out 
the Department's responsibilities. We have posted those laws pertaining 
to mineral leases on Federal and Indian lands and the OCS at http://www.onrr.gov/Laws_R_D/PubLaws/default.htm.

I. General Information

    When a company or an individual enters into a lease to explore, 
develop, produce, and dispose of minerals from Federal or Indian lands, 
that company or individual agrees to pay the lessor a share in an 
amount or value of production from the leased lands. The lessee is 
required to report various kinds of information to the lessor relative 
to the disposition of the minerals. Such information is generally 
available within the records of the lessee or others involved in 
developing, transporting, processing, purchasing, or selling such 
minerals. The information collected includes data necessary to ensure 
that production is accurately valued and that royalties are 
appropriately paid.

II. Information Collections

    This ICR covers unique reporting circumstances, including (1) 
cross-lease netting in calculation of late-payment interest; (2) a 
lessee's designation of a designee; and (3) Tribal permission for 
recoupment on Indian oil and gas leases.

A. Cross-Lease Netting in Calculation of Late-Payment Interest

    Regulations at Sec.  1218.54 require ONRR to assess interest on 
unpaid or underpaid amounts. ONRR distributes these interest revenues 
to States, Indian Tribes, and the U.S. Treasury based on financial 
lease distribution information. Current regulations at Sec.  1218.42 
provide that an overpayment on a lease or leases may be offset against 
an underpayment on a different lease or leases to determine the net 
payment subject to interest when certain conditions are met. This 
process is called cross-lease netting. The payor must demonstrate that 
a cross-lease netting exception exists by submitting production 
reports, pipeline allocation reports, or other similar documentary 
evidence. This information is necessary in order for ONRR to determine 
the correct amount of interest that the lessee owes and to ensure that 
we collect in full all monies owed to the Federal government.

B. Designation of Designee

    The Royalty Simplification and Fairness Act (RSFA) defines a 
``lessee'' to include both the owner of operating rights and the owner 
of record title. Under RSFA, owners of operating rights are primarily 
liable, and owners of lease record title secondarily liable for making 
royalty and related payments on Federal oil and gas leases (see 30 CFR 
1218.52). It is common however, for a payor other than a lessee to make 
these payments. When a payor makes payments on behalf of a lessee, RSFA 
section 6(g) requires that the lessee designate the payor as its 
designee and notify ONRR of its designation in writing. We designed 
form ONRR-4425, Designation Form for Royalty Payment Responsibility, to 
request all the information necessary for lessees to comply with these 
RSFA requirements when choosing to designate an agent to pay for them. 
We require this information to ensure proper mineral revenue 
collection.

[[Page 34334]]

C. Tribal Permission for Recoupment on Indian Oil and Gas Leases

    Overpayments on Tribal Indian leases may be recouped against 
royalties or other revenues owed in a month under other leases for 
which that Tribe is a lessor. To do so, lessees must comply with 
regulations at 30 CFR 12l8.53(b), allowing only lessees with written 
permission from the Tribe to recoup overpayments on one lease against a 
different lease for which the Tribe is the lessor. The payor must 
provide ONRR with a copy of the Tribe's written permission.

III. OMB Approval

    We are requesting OMB's approval to continue to collect this 
information. Not collecting this information would limit the 
Secretary's ability to discharge the duties of the office and may also 
result in the loss of royalty payments. Proprietary information 
submitted is protected, and there are no questions of a sensitive 
nature included in this information collection.

IV. Data

    Title: Collection of Monies Due the Federal Government--30 CFR part 
1218.
    OMB Control Number: 1012-0008.
    Bureau Form Number: Form ONRR-4425.
    Frequency: On occasion.
    Estimated Number and Description of Respondents: 35 Federal and 
Indian lessees.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 59 
hours.
    We have not included in our estimates certain requirements 
performed in the normal course of business, which are considered usual 
and customary. The following table shows the estimated burden hours by 
CFR section and paragraph:

                                   Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                                  Average number
     Citation 30 CFR Part 1218       Reporting and recordkeeping    Hour burden      of annual     Annual burden
                                             requirement                             responses         hours
----------------------------------------------------------------------------------------------------------------
           Subpart A--General Provisions--Cross-lease netting in calculation of late-payment interest
----------------------------------------------------------------------------------------------------------------
1218.42(b) and (c).................  Cross-lease netting in                    2              25              50
                                      calculation of late-
                                      payment interest. (b)
                                      Royalties attributed to
                                      production from a lease or
                                      leases which should have
                                      been attributed to
                                      production from a
                                      different lease or leases
                                      may be offset . . . if . .
                                      . the payor submits
                                      production reports,
                                      pipeline allocation
                                      reports, or other similar
                                      documentary evidence
                                      pertaining to the specific
                                      production involved which
                                      verifies the correct
                                      production information . .
                                      .
                                     (c) If ONRR assesses late-
                                      payment interest and the
                                      payor asserts that some or
                                      all of the interest is not
                                      owed . . . the burden is
                                      on the payor to
                                      demonstrate that the
                                      exception applies . . ..
----------------------------------------------------------------------------------------------------------------
                    Subpart B--Oil and Gas, General--How does a lessee designate a Designee?
----------------------------------------------------------------------------------------------------------------
1218.52 (a), (c), and (d)..........  How does a lessee designate            0.75               5               4
                                      a Designee? (a) If you are
                                      a lessee under 30 U.S.C.
                                      1701(7), and you want to
                                      designate a person to make
                                      all or part of the
                                      payments due under a lease
                                      on your behalf . . . you
                                      must notify ONRR . . . in
                                      writing of such
                                      designation . . .
                                     (c) If you want to
                                      terminate a designation .
                                      . . you must provide [the
                                      following] to ONRR in
                                      writing . . ..
                                     (d) ONRR may require you to
                                      provide notice when there
                                      is a change in the
                                      percentage of your record
                                      title or operating rights
                                      ownership.
                                     ONRR currently uses Form
                                      ONRR-4425, Designation
                                      Form for Royalty Payment
                                      Responsibility, to collect
                                      this information.
----------------------------------------------------------------------------------------------------------------
              Subpart B--Oil and Gas, General--Recoupment of overpayments on Indian mineral leases
----------------------------------------------------------------------------------------------------------------
1218.53 (b)........................  Recoupment of overpayments                1               5               5
                                      on Indian mineral leases.
                                      (b) With written
                                      permission authorized by
                                      tribal statute or
                                      resolution, a payor may
                                      recoup an overpayment
                                      against royalties or other
                                      revenues owed . . . under
                                      other leases . . . A copy
                                      of the tribe's written
                                      permission must be
                                      furnished to ONRR . . .
                                                                 -----------------------------------------------
    Total Burden...................  ...........................  ..............              35              59
----------------------------------------------------------------------------------------------------------------

    Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost 
Burden: We have identified no ``non-hour cost'' burden associated with 
this collection of information.
    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.

V. Request for Comments

    Section 3506(c)(2)(A) of the PRA requires each agency to ``* * * 
provide

[[Page 34335]]

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.
    The PRA also requires agencies to estimate the total annual 
reporting ``non-hour cost'' burden to respondents or record-keepers 
resulting from the collection of information. If you have costs to 
generate, maintain, and disclose this information, you should comment 
and provide your total capital and startup cost components or annual 
operation, maintenance, and purchase of service components. You should 
describe the methods that you use to estimate (1) major cost factors, 
including system and technology acquisition, (2) expected useful life 
of capital equipment, (3) discount rate(s), and (4) the period over 
which you incur costs. Capital and startup costs include, among other 
items, computers and software that you purchase to prepare for 
collecting information and monitoring, sampling, and testing equipment, 
and record-storage facilities. Generally, your estimates should not 
include equipment or services purchased (i) before October 1, 1995; 
(ii) to comply with requirements not associated with the information 
collection; (iii) for reasons other than to provide information or keep 
records for the Federal government; or (iv) as part of customary and 
usual business, or private practices.
    We will summarize written responses to this notice and address them 
in our ICR submission for OMB approval, including appropriate 
adjustments to the estimated burden. We will provide a copy of the ICR 
to you, without charge, upon request. We also will post the ICR at 
http://www.onrr.gov/Laws_R_D/FRNotices/FRInfColl.htm.
    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.
    ONRR Information Collection Coordinator: Armand Southall (303) 231-
3221.

Authority

    The authorities for this action are the Mineral Leasing Act of 1920 
(30 U.S.C. 192), Outer Continental Shelf Lands Act (43 U.S.C. 1353), 
Indian Mineral Development Act of 1982 (Pub. L. 97-382--Dec. 22, 1982), 
and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Gregory J. Gould,
Director for Office of Natural Resources Revenue.
[FR Doc. 2017-15470 Filed 7-21-17; 8:45 am]
 BILLING CODE 4335-30-P

34334 Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices

C. Tribal Permission for Recoupment on III. OMB Approval Bureau Form Number: Form ONRR–
Indian Oil and Gas Leases We are requesting OMB’s approval to 4425.
continue to collect this information. Not Frequency: On occasion.
Overpayments on Tribal Indian leases Estimated Number and Description of
collecting this information would limit
may be recouped against royalties or Respondents: 35 Federal and Indian
the Secretary’s ability to discharge the
other revenues owed in a month under lessees.
duties of the office and may also result
other leases for which that Tribe is a Estimated Annual Reporting and
in the loss of royalty payments.
lessor. To do so, lessees must comply Proprietary information submitted is Recordkeeping ‘‘Hour’’ Burden: 59
with regulations at 30 CFR 12l8.53(b), protected, and there are no questions of hours.
allowing only lessees with written a sensitive nature included in this We have not included in our
permission from the Tribe to recoup information collection. estimates certain requirements
overpayments on one lease against a performed in the normal course of
different lease for which the Tribe is the IV. Data business, which are considered usual
lessor. The payor must provide ONRR Title: Collection of Monies Due the and customary. The following table
with a copy of the Tribe’s written Federal Government—30 CFR part 1218. shows the estimated burden hours by
permission. OMB Control Number: 1012–0008. CFR section and paragraph:

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Average
number of Annual
Citation 30 CFR Part 1218 Reporting and recordkeeping requirement Hour burden annual burden hours
responses

Subpart A—General Provisions—Cross-lease netting in calculation of late-payment interest

1218.42(b) and (c) .................. Cross-lease netting in calculation of late-payment interest. 2 25 50
(b) Royalties attributed to production from a lease or
leases which should have been attributed to production
from a different lease or leases may be offset . . . if . . .
the payor submits production reports, pipeline allocation
reports, or other similar documentary evidence pertaining
to the specific production involved which verifies the cor-
rect production information . . .
(c) If ONRR assesses late-payment interest and the payor
asserts that some or all of the interest is not owed . . .
the burden is on the payor to demonstrate that the excep-
tion applies . . .

Subpart B—Oil and Gas, General—How does a lessee designate a Designee?

1218.52 (a), (c), and (d) ......... How does a lessee designate a Designee? (a) If you are a 0.75 5 4
lessee under 30 U.S.C. 1701(7), and you want to des-
ignate a person to make all or part of the payments due
under a lease on your behalf . . . you must notify ONRR .
. . in writing of such designation . . .
(c) If you want to terminate a designation . . . you must pro-
vide [the following] to ONRR in writing . . .
(d) ONRR may require you to provide notice when there is
a change in the percentage of your record title or oper-
ating rights ownership.
ONRR currently uses Form ONRR–4425, Designation Form
for Royalty Payment Responsibility, to collect this infor-
mation.

Subpart B—Oil and Gas, General—Recoupment of overpayments on Indian mineral leases

1218.53 (b) ............................. Recoupment of overpayments on Indian mineral leases. (b) 1 5 5
With written permission authorized by tribal statute or res-
olution, a payor may recoup an overpayment against roy-
alties or other revenues owed . . . under other leases . . .
A copy of the tribe’s written permission must be furnished
to ONRR . . .

Total Burden .................... ................................................................................................. ........................ 35 59
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Estimated Annual Reporting and Public Disclosure Statement: The PRA displays a currently valid OMB control
Recordkeeping ‘‘Non-hour’’ Cost (44 U.S.C. 3501 et seq.) provides that an number.
Burden: We have identified no ‘‘non- agency may not conduct or sponsor, and
V. Request for Comments
hour cost’’ burden associated with this a person is not required to respond to,
collection of information. a collection of information unless it Section 3506(c)(2)(A) of the PRA
requires each agency to ‘‘* * * provide

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Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Notices 34335

60-day notice in the Federal Register information in your comment(s), you the civil penalty for the City’s violations
* * * and otherwise consult with should be aware that your entire will be established separately.
members of the public and affected comment (including PII) may be made The publication of this notice opens
agencies concerning each proposed available to the public at any time. a period for public comment on the
collection of information * * *.’’ While you may ask us, in your Partial Consent Decree. Comments
Agencies must specifically solicit comment, to withhold PII from public should be addressed to the Assistant
comments to (a) evaluate whether the view, we cannot guarantee that we will Attorney General, Environment and
proposed collection of information is be able to do so. Natural Resources Division, and should
necessary for the agency to perform its ONRR Information Collection refer to United States v. The City of
duties, including whether the Coordinator: Armand Southall (303) Cleveland Heights, Ohio and The State
information is useful; (b) evaluate the 231–3221. of Ohio, D.J. Ref. No. 90–5–1–1–10457.
accuracy of the agency’s estimate of the All comments must be submitted no
burden of the proposed collection of Authority later than thirty (30) days after the
information; (c) enhance the quality, The authorities for this action are the publication date of this notice.
usefulness, and clarity of the Mineral Leasing Act of 1920 (30 U.S.C. Comments may be submitted either by
information that ONRR collects; and (d) 192), Outer Continental Shelf Lands Act email or by mail:
minimize the burden on the (43 U.S.C. 1353), Indian Mineral
respondents, including the use of Development Act of 1982 (Pub. L. 97– To submit Send them to:
automated collection techniques or 382—Dec. 22, 1982), and the Paperwork comments:
other forms of information technology. Reduction Act of 1995 (44 U.S.C. 3501 By email ....... pubcomment-ees.enrd@
The PRA also requires agencies to et seq.). usdoj.gov.
estimate the total annual reporting By mail ......... Assistant Attorney General,
‘‘non-hour cost’’ burden to respondents Gregory J. Gould,
U.S. DOJ—ENRD, P.O.
or record-keepers resulting from the Director for Office of Natural Resources Box 7611, Washington, DC
collection of information. If you have Revenue. 20044–7611.
costs to generate, maintain, and disclose [FR Doc. 2017–15470 Filed 7–21–17; 8:45 am]
this information, you should comment BILLING CODE 4335–30–P During the public comment period,
and provide your total capital and the Partial Consent Decree may be
startup cost components or annual examined and downloaded at this
operation, maintenance, and purchase DEPARTMENT OF JUSTICE Justice Department Web site: http://
of service components. You should www.justice.gov/enrd/consent-decrees.
describe the methods that you use to Notice of Lodging of Proposed Partial We will provide a paper copy of the
estimate (1) major cost factors, including Consent Decree Under the Clean Water Partial Consent Decree upon written
system and technology acquisition, (2) Act request and payment of reproduction
expected useful life of capital costs. Please mail your request and
equipment, (3) discount rate(s), and (4) On July 19, 2017, the Department of payment to: Consent Decree Library,
the period over which you incur costs. Justice lodged a proposed Partial U.S. DOJ—ENRD, P.O. Box 7611,
Capital and startup costs include, Consent Decree with the United States Washington, DC 20044–7611.
among other items, computers and District Court for the Northern District Please enclose a check or money order
software that you purchase to prepare of Ohio in the lawsuit entitled United for $22.75 (25 cents per page
for collecting information and States v. The City of Cleveland Heights, reproduction cost) payable to the United
monitoring, sampling, and testing Ohio and The State of Ohio, Civil States Treasury. For a paper copy
equipment, and record-storage facilities. Action No. 17–cv–1517. without the exhibits and signature
Generally, your estimates should not The United States filed this lawsuit pages, the cost is $12.25.
include equipment or services under the Clean Water Act. The United
States’ complaint alleges that the City of Randall M. Stone,
purchased (i) before October 1, 1995; (ii)
Cleveland Heights, Ohio violated the Acting Assistant Section Chief,
to comply with requirements not
Clean Water Act and the City’s Environmental Enforcement Section,
associated with the information Environment and Natural Resources Division.
collection; (iii) for reasons other than to stormwater permit by allowing
discharges of untreated sanitary sewage [FR Doc. 2017–15450 Filed 7–21–17; 8:45 am]
provide information or keep records for
the Federal government; or (iv) as part into local streams flowing to Lake Erie. BILLING CODE 4410–15–P

of customary and usual business, or The complaint seeks injunctive relief
private practices. and civil penalties. The State of Ohio is
We will summarize written responses named as a defendant solely to satisfy NATIONAL SCIENCE FOUNDATION
to this notice and address them in our Section 309(e) of the Clean Water Act 33
ICR submission for OMB approval, U.S.C. 1319(e). Agency Information Collection
including appropriate adjustments to The Partial Consent Decree requires Activities: Comment Request
the estimated burden. We will provide Cleveland Heights to perform a National Science Foundation.
AGENCY:
a copy of the ICR to you, without comprehensive study of its sewer Submission for OMB Review;
ACTION:
charge, upon request. We also will post system and submit a plan, for EPA Comment Request.
the ICR at http://www.onrr.gov/Laws_R_ approval, to eliminate sanitary sewer
D/FRNotices/FRInfColl.htm. overflows. The agreement also requires SUMMARY: Under the Paperwork
mstockstill on DSK30JT082PROD with NOTICES

Public Comment Policy: ONRR will certain early action projects to reduce Reduction Act of 1995, and as part of its
post all comments, including names and sanitary sewage overflows and continuing effort to reduce paperwork
addresses of respondents at http:// improvements to the City’s sewer and respondent burden, the National
www.regulations.gov. Before including system operations. The Partial Consent Science Foundation (NSF) is inviting
Personally Identifiable Information (PII), Decree does not resolve the United the general public and other Federal
such as your address, phone number, States’ claims. The schedule for agencies to comment on this proposed
email address, or other personal implementing the approved plan and continuing information collection. This

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Document Created: 2017-07-22 01:19:56
Document Modified: 2017-07-22 01:19:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		You must submit your written comments on or before September 22, 2017.
Contact		For questions on technical issues, contact Mr. Hans Meingast, Financial Services, FM, ONRR, telephone (303) 231-3382, or email [email protected] For other questions, contact Mr. Armand Southall, telephone (303) 231-3221, or email [email protected] You may also contact Mr. Southall 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 Citation		82 FR 34333

82 FR 34333 - Agency Information Collection Activities: Collection of Monies Due the Federal Government

DEPARTMENT OF THE INTERIOROffice of Natural Resources Revenue

Federal Register Volume 82, Issue 140 (July 24, 2017)

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue