83 FR 32141 - Agency Information Collection Activities: Indian Oil and Gas Valuation
DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue Federal Register Volume 83, Issue 133 (July 11, 2018)
Office of Natural Resources Revenue
Federal Register Volume 83, Issue 133 (July 11, 2018)
| Page Range | 32141-32150 | |
| FR Document | 2018-14854 |
[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)] [Notices] [Pages 32141-32150] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14854] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Office of Natural Resources Revenue [Docket No. ONRR-2011-0021; DS63644000 DR2000000.CH7000 189D0102R2; OMB Control Number 1012-0002] Agency Information Collection Activities: Indian Oil and Gas Valuation AGENCY: Office of Natural Resources Revenue, Interior. ACTION: Notice of information collection; request for comment. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), we, the Office of Natural Resources Revenue (ONRR), are proposing to renew an information collection with revisions. DATES: You must submit your written comments on or before September 10, 2018. ADDRESSES: You may submit comments on this ICR to ONRR by using one of the following three methods (please reference ``ICR 1012-0002'' in your comments): 1. Electronically go to https://www.regulations.gov. In the entry titled ``Enter Keyword or ID,'' enter ``ONRR-2011-0021'' and then click ``Search.'' Follow the instructions to submit public comments. ONRR will post all comments. 2. Mail comments to Mr. Armand Southall, Regulatory Specialist, ONRR, P.O. Box 25165, MS 64400B, Denver, Colorado 80225-0165. 3. Hand-carry or mail comments, using an overnight courier service, to ONRR. Our courier address is Building 85, Entrance N-1, Denver Federal Center, West 6th Ave. and Kipling St., Denver, Colorado 80225. FOR FURTHER INFORMATION CONTACT: For any technical questions, contact Ms. LeeAnn Martin, telephone (303) 231-3313, or email to [email protected]. For any other questions about this ICR, contact Mr. Armand Southall, telephone (303) 231-3221, or email to [email protected]. You may [[Page 32142]] also contact Mr. Southall to obtain copies, at no cost, of (1) the ICR, (2) any associated forms, and (3) the regulations that require us to collect the information. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. We are soliciting comments on the proposed ICR that is described below. This ICR covers six ONRR forms. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of ONRR; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might ONRR enhance the quality, utility, and clarity of the information to be collected; and (5) how might ONRR minimize the burden of this collection on the respondents, including through the use of information technology. Comments that you submit in response to this notice are a matter of public record. ONRR will post all comments, including names and addresses of respondents at https://www.regulations.gov. We will include or summarize each comment in our request to Office of Management and Budget (OMB) to approve this ICR. Before including Personally Identifiable Information (PII), such as your address, phone number, email address, or other personal identifying 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 your PII from public view, we cannot guarantee that we will be able to do so. We also will post the ICR at https://www.onrr.gov/Laws_R_D/FRNotices/ICR0103.htm. Abstract: The Secretary of the United States Department of the Interior is responsible for mineral resource development on 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 royalties due, and distribute the funds collected. The Secretary also has trust responsibility to manage Indian lands and seek advice and information from Indian beneficiaries. ONRR performs the mineral revenue management functions for the Secretary and assists the Secretary in carrying out the Department's trust responsibility for Indian lands. Public laws pertaining to mineral leases on Federal and Indian lands are available at https://www.onrr.gov/Laws_R_D/PubLaws/index.htm. Information collections that we cover in this ICR involve six forms, forms ONRR-4109, 4110, 4295, 4393, 4410, and 4411. References to these forms are identified in: 30 CFR part 1202, subparts C and J, which pertain to Indian oil and gas royalties; part 1206, subparts B and E, which govern the valuation of oil and gas produced from leases on Indian lands; and part 1207, which pertains to recordkeeping. Indian Tribes and individual Indian mineral owners receive all royalties generated from their lands. Determining product valuation is essential to ensure that Indian Tribes and individual Indian mineral owners receive payment on the full value of the minerals removed from their lands. Failure to collect the data that we describe in this ICR could result in the undervaluation of leased minerals on Indian lands. All data reported is subject to subsequent audit and adjustment. Indian Oil Regulations at 30 CFR part 1206, subpart B, govern the valuation for royalty purposes of oil produced from Indian oil and gas leases (Tribal and allotted), and are consistent with mineral leasing laws, other applicable laws, and lease terms. Generally, these regulations provide that lessees determine the value of oil based upon the higher of (1) the gross proceeds under an arm's-length contract; or (2) major portion analysis. These regulations require reporting on one form that is the subject of this ICR, form ONRR-4110. From information collected on form ONRR-4110, Oil Transportation Allowance Report, ONRR and Tribal audit personnel evaluate (1) whether lessee-reported transportation allowances are within regulatory allowance limitations and calculated under applicable regulations; and (2) whether the lessees reported and paid the proper amount of royalties. Lessees must use form ONRR-4110 for both non-arm's-length contract or no contract situations. Indian Gas Regulations at 30 CFR part 1206, subpart E, govern the valuation for royalty purposes of natural gas produced from Indian oil and gas leases (Tribal and allotted). These regulations require reporting on four forms that are the subject of this ICR, forms ONRR-4109, 4295, 4410, and 4411:From information collected on form ONRR-4109, Gas Processing Allowance Summary Report, ONRR and Tribal audit personnel evaluate (1) whether lessee-reported processing allowances are within regulatory allowance limitations and calculated under applicable regulations; and (2) whether the lessees reported and paid the proper amount of royalties. From information collected on form ONRR-4295, Gas Transportation Allowance Report, ONRR and Tribal audit personnel evaluate (1) whether lessee-reported transportation allowances are within regulatory allowance limitations and calculated under applicable regulations; and (2) whether the lessees reported and paid the proper amount of royalties. Lessees use form ONRR-4410, Accounting for Comparison [Dual Accounting], to certify that dual accounting is not required on an Indian lease or to make an election for actual or alternative dual accounting for Indian leases. Most Indian leases contain the requirement to perform accounting for comparison (dual accounting) for gas produced from the lease. Therefore, lessees must elect to perform actual dual accounting as defined in 30 CFR 1206.176, or alternative dual accounting as defined in 30 CFR 1206.173. Lessees use form ONRR-4411, Safety Net Report, when they sell gas production from an Indian oil or gas lease beyond the first index pricing point. The safety net calculation establishes the minimum value, for royalty purposes, of natural gas production from Indian oil and gas leases. This reporting requirement ensures that Indian lessors receive all royalties due and aids ONRR compliance efforts. Indian Oil and Gas Regulations at 30 CFR 1206.56(b)(2) and 1206.177(c)(2) and (c)(3) govern the valuation for royalty purposes of oil and gas produced from Indian oil and gas leases (Tribal and allotted), and are consistent with mineral leasing laws, other applicable laws, and lease terms. These regulations require reporting on one form that is the subject of this ICR, form ONRR-4393. Lessees must submit form ONRR-4393, Request to Exceed Regulatory [[Page 32143]] Allowance Limitation, for both Federal and Indian leases to request to exceed the regulatory allowance limitation. Most of the burden hours are incurred on Federal leases; therefore, OMB approved the form under OMB Control Number 1012-0005, pertaining to Federal oil and gas leases. However, we include a discussion of the form in this ICR, as well as the burden hours for Indian leases. To request permission to exceed a regulatory allowance limit, lessees must (1) submit a letter to ONRR explaining why a higher allowance limit is necessary; and (2) provide supporting documentation, including a completed form ONRR-4393. This form provides ONRR with the data necessary to make a decision whether to approve or deny the request. Revisions to ICR This is an ICR with revisions because it takes into account the final rule published May 1, 2015, which amended ONRR's Indian oil valuation regulations (80 FR 24794). This ICR requires minor revisions to note changes to its authority when the final rule amended 30 CFR part 1206, subpart B. The two changes relevant to this ICR are that the amendment: (1) Eliminated the form ONRR-4110 filing requirements for arm's-length transportation allowance; and (2) eliminated the pre- filing of form ONRR-4110 prior to claiming a non-arm's-length transportation allowance. The final rule noted that OMB approved a total of 220 burden hours for lessees to file their forms ONRR-4110 under OMB Control Number 1012-0002. It also noted that ``there will be no additional burden hours because this rule will insignificantly reduce the burden hours associated with the Oil Transportation Allowance Report.'' Under the revised Indian oil valuation regulations, rather than submitting estimated transportation cost information on the form and then following up with actual cost information at the end of the reporting cycle, lessees need only provide actual cost information. Also, Indian lessees that have arm's-length transportation costs are no longer required to submit form ONRR-4110 to report these costs, but will, instead, submit copies of the actual contracts to ONRR. OMB Approval We are requesting OMB's approval to continue to collect this information, with revisions. Not collecting this information would limit the Secretary's ability to discharge fiduciary duties and may also result in the inability to confirm the accurate royalty value to Indian Tribes and individual Indian mineral owners. ONRR protects the proprietary information that it receives and does not collect items of a sensitive nature. The requirement to report is mandatory for form ONRR-4410, Accounting for Comparison [Dual Accounting], and for form ONRR-4411, Safety Net Report, under certain circumstances. The lessees are required to report on forms ONRR-4109, ONRR-4110, ONRR-4295, and ONRR-4393 in order to obtain a benefit. Title of Collection: Indian Oil and Gas Valuation, 30 CFR parts 1202, 1206, and 1207. OMB Control Number: 1012-0002. Bureau Form Number: Forms ONRR-4109, ONRR-4110, ONRR-4295, ONRR- 4410, and ONRR-4411. Type of Review: Extension of a currently approved collection, with revisions. Respondents/Affected Public: Businesses. Total Estimated Number of Annual Respondents: 149 Indian lessees. Total Estimated Number of Annual Responses: 149. Estimated Completion Time per Response: 8.85 hours. Total Estimated Number of Annual Burden Hours: 1,319 hours. Respondent's Obligation: Required to obtain or retain a benefit. Frequency of Collection: Annually and on occasion. Total Estimated Annual Nonhour Burden Cost: None. We have not included in our estimates certain requirements performed in the normal course of business and considered usual and customary. The following chart shows the estimated burden hours by CFR section and paragraph: Respondents' Estimated Annual Burden Hours ---------------------------------------------------------------------------------------------------------------- Average number 30 CFR Reporting and recordkeeping Hour burden of annual Annual burden requirement responses hours ---------------------------------------------------------------------------------------------------------------- Part 1202--ROYALTIES Subpart C--Federal and Indian Oil ---------------------------------------------------------------------------------------------------------------- 1202.101...................... Standards for reporting and Burden covered under Sec. 1210.52 in OMB paying royalties. Report oil Control Number 1012-0004. volumes in barrels of clean oil of 42 standard U.S. gallons (231 cubic inches each) at 60 [deg]F. ---------------------------------------------------------------------------------------------------------------- Subpart J--Gas Production From Indian Leases ---------------------------------------------------------------------------------------------------------------- 1202.551(b)................... How do I determine the volume of Burden covered under Sec. 1210.52 in OMB production for which I must pay Control Number 1012-0004. royalty if my lease is not in an approved Federal unit or communitization agreement (AFA)? * * * (b) You and all other persons paying royalties on the lease must report and pay royalties based on your takes. * * *. ---------------------------------------------------------------------------------------------------------------- 1202.551(c)................... You and all other persons paying 1 1 1 royalties on the lease may ask ONRR for permission to report and pay royalties based on your entitlements. * * *. ---------------------------------------------------------------------------------------------------------------- 1202.558(a) and (b)........... What standards do I use to Burden covered under Sec. 1210.52 in OMB report and pay royalties on Control Number 1012-0004. gas? (a) You must report gas volumes * * * (b) You must report residue gas and gas plant product volumes. * * *. ---------------------------------------------------------------------------------------------------------------- [[Page 32144]] Part 1206--PRODUCT VALUATION Subpart B--Indian Oil ---------------------------------------------------------------------------------------------------------------- 1206.56(b)(2)................. What general transportation 4 1 4 allowance requirements apply to me? * * * (2) Upon your request, ONRR may approve a transportation allowance deduction in excess of the limitation prescribed by paragraph (b)(1) of this section. * * * An application for exception (using Form ONRR- 4393, Request to Exceed Regulatory Allowance Limitation) must contain all relevant and supporting documentation necessary for ONRR to make a determination. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.57(a)(1), (2), and (3)... How do I determine a AUDIT PROCESS. See note. transportation allowance if I have an arm's-length transportation contract? Arm's- length transportation. (a)(1) * * * You have the burden of demonstrating that your contract is arm's-length. (2) You must submit to ONRR a copy of your arm's-length transportation contract(s) and all subsequent amendments to the contract(s) within 2 months of the date that ONRR receives your report, which claims the allowance on form ONRR-2014. (3) * * * When ONRR determines that the value of the transportation may be unreasonable, ONRR will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's transportation costs. ---------------------------------------------------------------------------------------------------------------- 1206.57(a)(4)(i).............. * * * Except as provided in this Burden covered under Sec. 1206.57(a)(5). paragraph, you may not take an allowance for the costs of transporting lease production, which is not royalty-bearing, without ONRR's approval. ---------------------------------------------------------------------------------------------------------------- 1206.57(a)(4)(ii)............. Notwithstanding the requirements 20 1 20 of paragraph (a)(4)(i) of this section, you may propose to ONRR a cost allocation method on the basis of the values of the products transported. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.57(a)(5)................. If an arm's-length 40 1 40 transportation contract includes both gaseous and liquid products, and the transportation costs attributable to each product cannot be determined from the contract, you must propose an allocation procedure to ONRR. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.57(a)(5)(ii)............. You must submit to ONRR all AUDIT PROCESS. See note. available data to support your proposal. ---------------------------------------------------------------------------------------------------------------- 1206.57(a)(5)(iii)............ You must submit your initial 4 1 4 proposal within 3 months after the last day of the month for which you request a transportation allowance, whichever is later (unless ONRR approves a longer period). ---------------------------------------------------------------------------------------------------------------- 1206.57(b)(1)................. Reporting requirements. If ONRR AUDIT PROCESS. See note. requests, you must submit all data used to determine your transportation allowance. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.57(b)(2)................. You must report transportation Burden covered under Sec. 1210.52 in OMB allowances as a separate entry Control Number 1012-0004. on Form ONRR-2014. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.58(a)(1)................. How do I determine a AUDIT PROCESS. See note. transportation allowance if I have a non-arm's-length transportation contract or have no contract? Non-arm's-length or no contract. If you have a non-arm's-length transportation contract or no contract, including those situations where you or your affiliate perform(s) transportation services for you, the transportation allowance is based on your reasonable, actual costs. ---------------------------------------------------------------------------------------------------------------- 1206.58(a)(2)................. You must submit the actual cost 6 1 6 information to support the allowance to ONRR on Form ONRR- 4110, Oil Transportation Allowance Report, within 3 months after the end of the calendar year to which the allowance applies. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.58(a)(3)(iv)............. * * * After you have elected to 20 1 20 use either method for a transportation system, you may not later elect to change to the other alternative without approval of ONRR. ---------------------------------------------------------------------------------------------------------------- 1206.58(a)(3)(iv)(A).......... * * * After you make an 20 1 20 election, you may not change methods without ONRR's approval. * * *. ---------------------------------------------------------------------------------------------------------------- [[Page 32145]] 1206.58(a)(4)(i).............. * * * Except as provided in this 40 1 40 paragraph (a)(4)(i), you may not take an allowance for transporting lease production that is not royalty bearing without ONRR's approval. ---------------------------------------------------------------------------------------------------------------- 1206.58(a)(4)(ii)............. Notwithstanding the requirements 20 1 20 of paragraph (a)(4)(i) of this section, you may propose to ONRR a cost allocation method on the basis of the values of the products transported. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.58(a)(5)(ii) and (iii)... (ii) Where both gaseous and 20 1 20 liquid products are transported through the same transportation system, you must propose a cost allocation procedure to ONRR. * * * (iii) You must submit to ONRR all available data to support your proposal. * * * You must submit your initial proposal within 3 months after the last day of the month for which you request a transportation allowance (unless ONRR approves a longer period). ---------------------------------------------------------------------------------------------------------------- 1206.58(a)(6)................. You may apply to ONRR for an 20 1 20 exception from the requirement that you compute actual costs under paragraphs (a)(1) through (5) of this section. ---------------------------------------------------------------------------------------------------------------- 1206.58(b)(1)................. Reporting requirements. If ONRR 4 1 4 requests, you must submit all data used to determine your transportation allowance, You must provide the data within a reasonable period of time that ONRR will determine. ---------------------------------------------------------------------------------------------------------------- 1206.58(b)(2)................. You must report transportation 4 1 4 allowances as a separate entry on Form ONRR-2014. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.58(b)(3)................. ONRR may require you to submit 12 1 12 all of the data that you used to prepare your Form ONRR-4110. You must submit the data within a reasonable period of time that ONRR determines. ---------------------------------------------------------------------------------------------------------------- 1206.59(a).................... What interest applies if I Burden covered under Sec. 1210.52 in OMB improperly report a Control Number 1012-0004. transportation allowance? If you deduct a transportation allowance on Form ONRR-2014 without complying with the requirements of Sec. Sec. 1206.56 and 1206.57 or Sec. 1206.58, you must pay additional royalties due plus late payment interest calculated under Sec. 1218.54 of this chapter. ---------------------------------------------------------------------------------------------------------------- 1206.60(a).................... What reporting adjustments must Burden covered under Sec. 1210.52 in OMB I make for transportation Control Number 1012-0004. allowances? If your actual transportation allowance is less than the amount that you claimed on Form ONRR-2014 for each month during the allowance reporting period, you must pay additional royalties due, plus late payment interest calculated under Sec. 1218.54 of this chapter. ---------------------------------------------------------------------------------------------------------------- 1206.60(c).................... If you make an adjustment under Burden covered under Sec. 1210.52 in OMB paragraph (a) or (b) of this Control Number 1012-0004. section, then you must submit a corrected Form ONRR-2014 to reflect actual costs, together with any payment, using instructions that ONRR provides. ---------------------------------------------------------------------------------------------------------------- 1206.61(a)(2)................. How will ONRR determine if my Burden covered under Sec. 1210.52 in OMB royalty payments are correct? * Control Number 1012-0004. * * If ONRR directs you to use a different royalty value, you must pay any additional royalties due plus late payment interest calculated under Sec. 1218.54 of this chapter. ---------------------------------------------------------------------------------------------------------------- 1206.62(a).................... How do I request a value 20 1 20 determination? You may request a value determination from ONRR regarding any oil produced. Your request must include: (1) Be in writing. (2) Identify specifically all leases involved, all interest owners of those leases, the designee(s), and the operator(s) for those leases. (3) Completely explain all relevant facts. * * * (4) Include copies of all relevant documents. (5) Provide your analysis of the issue(s) * * * (6) Suggest your proposed valuation method. ---------------------------------------------------------------------------------------------------------------- [[Page 32146]] 1206.62(c)(2)................. After the Assistant Secretary Burden covered under Sec. 1210.52 in OMB [for Indian Affairs] issues a Control Number 1012-0004. value determination, you must make any adjustments to royalty payments that follow from the determination, and, if you owe additional royalties, you must pay the additional royalties due plus late payment interest calculated under Sec. 1218.54 of this chapter. ---------------------------------------------------------------------------------------------------------------- 1206.64....................... What records must I keep to AUDIT PROCESS. See note. support my calculations of value under this subpart? If you determine the value of your oil under this subpart, you must retain all data relevant to the determination of royalty value. * * *. ---------------------------------------------------------------------------------------------------------------- Part 1206--PRODUCT VALUATION Subpart E--Indian Gas ---------------------------------------------------------------------------------------------------------------- 1206.172(b)(1)(ii)............ How do I value gas produced from 4 58 232 leases in an index zone? (b) Valuing residue gas and gas before processing. (1)(ii) Gas production that you certify on Form ONRR-4410, Certification for Not Performing Accounting for comparison (Dual Accounting), is not processed before it flows into a pipeline with an index but which may be processed later; * * *. ---------------------------------------------------------------------------------------------------------------- 1206.172(e)(6)(i) and (iii)... (e) Determining the minimum 3 11 33 value for royalty purposes of gas sold beyond the first index pricing point. * * * (6)(i) You must report the safety net price for each index zone to ONRR on Form ONRR-4411, Safety Net Report, no later than June 30 following each calendar year; * * * (iii) ONRR may order you to amend your safety net price within one year from the date your Form ONRR-4411 is due or is filed, whichever is later. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.172(e)(6)(ii)............ You must pay and report on Form Burden covered under Sec. 1210.52 in OMB ONRR-2014 additional royalties Control Number 1012-0004. due no later than June 30 following each calendar year; * * *. ---------------------------------------------------------------------------------------------------------------- 1206.172(f)(1)(ii), (f)(2), (f) Excluding some or all tribal 40 1 40 and (f)(3). leases from valuation under this section. (1) An Indian tribe may ask ONRR to exclude some or all of its leases from valuation under this section. * * * (ii) If an Indian tribe requests exclusion from an index zone for less than all of its leases, ONRR will approve the request only if the excluded leases may be segregated into one or more groups based on separate fields within the reservation. (2) An Indian tribe may ask ONRR to terminate exclusion of its leases from valuation under this section. * * * (3) The Indian tribe's request to ONRR under either paragraph (f)(1) or (2) of this section must be in the form of a tribal resolution. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.173(a)(1)................ How do I calculate the 2 12 24 alternative methodology for dual accounting? (a) Electing a dual accounting method. (1) * * * You may elect to perform the dual accounting calculation according to either Sec. 1206.176(a) (called actual dual accounting), or paragraph (b) of this section (called the alternative methodology for dual accounting). ---------------------------------------------------------------------------------------------------------------- 1206.173(a)(2)................ You must make a separate Burden covered under Sec. 1206.173(a)(1). election to use the alternative methodology for dual accounting for your Indian leases in each ONRR-designated area. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.174(a)(4)(ii)............ How do I value gas production Burden covered under Sec. 1210.52 in OMB when an index-based method Control Number 1012-0004. cannot be used? (a) Situations in which an index-based method cannot be used. (4)(ii) If the major portion value is higher, you must submit an amended Form ONRR-2014 to ONRR by the due date specified in the written notice from ONRR of the major portion value. * * *. ---------------------------------------------------------------------------------------------------------------- [[Page 32147]] 1206.174(b)(1)(i) and (iii); (b) Arm's-length contracts. * * AUDIT PROCESS. See note. (b)(2); (d)(2). * (1) The value of gas, residue gas, or any gas plant product you sell under an arm's-length contract is the gross proceeds accruing to you or your affiliates * * * (i) You have the burden of demonstrating that your contract is arm's- length. * * * (iii) * * * In these circumstances, ONRR will notify you and give you an opportunity to provide written information justifying your value. * * * (2) ONRR may require you to certify that your arm's-length contract provisions include all of the consideration the buyer pays, either directly or indirectly, for the gas, residue gas, or gas plant product. * * * (d) Supporting data. * * * (2) You must make all such data available upon request to the authorized ONRR or Indian representatives, to the Office of the Inspector General of the Department, or other authorized persons. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.174(d)................... Supporting data. If you AUDIT PROCESS. See note. determine the value of production under paragraph (c) of this section, you must retain all data relevant to determination of royalty value. ---------------------------------------------------------------------------------------------------------------- 1206.174(f)................... Value guidance. You may ask ONRR 40 1 40 for guidance in determining value. You may propose a valuation method to ONRR. Submit all available data related to your proposal and any additional information ONRR deems necessary. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.175(d)(4)................ How do I determine quantities 20 1 20 and qualities of production for computing royalties? (d)(4) * * * You may request ONRR approval of other methods for determining the quantity of residue gas and gas plant products allocable to each lease. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.176(b)................... How do I perform accounting for Burden covered under Sec. 1206.173(a)(1). comparison? * * * If you are required to account for comparison, you may elect to use the alternative dual accounting methodology provided for in Sec. 1206.173 instead of the provisions in paragraph (a) of this section. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.176(c)................... * * * If you do not perform dual Burden covered under Sec. accounting, you must certify to 1206.172(b)(1)(ii). ONRR that gas flows into such a pipeline before it is processed. * * *. ---------------------------------------------------------------------------------------------------------------- Transportation Allowances ---------------------------------------------------------------------------------------------------------------- 1206.177(c)(2) and (c)(3)..... What general requirements Burden covered under Sec. 1206.56(b)(2). regarding transportation allowances apply to me? (c) * * * (2) If you ask ONRR, ONRR may approve a transportation allowance deduction in excess of the limitation in paragraph (c)(1) of this section. * * * (3) Your application for exception (using Form ONRR- 4393, Request to Exceed Regulatory Allowance Limitation) must contain all relevant and supporting documentation necessary for ONRR to make a determination. ---------------------------------------------------------------------------------------------------------------- 1206.178(a)(1)(i)............. How do I determine a 1 18 18 transportation allowance? (a) Determining a transportation allowance under an arm's-length contract. (1) This paragraph explains how to determine your allowance if you have an arm's- length transportation contract. (i) * * * You are required to submit to ONRR a copy of your arm's-length transportation contract(s) and all subsequent amendments to the contract(s) within 2 months of the date ONRR receives your report which claims the allowance on the Form ONRR-2014. ---------------------------------------------------------------------------------------------------------------- 1206.178(a)(1)(iii)........... If ONRR determines that the AUDIT PROCESS. See note. consideration paid under an arm's-length transportation contract does not reflect the value of the transportation because of misconduct by or between the contracting parties * * * In these circumstances, ONRR will notify you and give you an opportunity to provide written information justifying your transportation costs. * * *. ---------------------------------------------------------------------------------------------------------------- [[Page 32148]] 1206.178(a)(2)(i) and (ii).... (a)(2)(i) * * * [Y]ou cannot 20 1 20 take an allowance for the costs of transporting lease production that is not royalty bearing without ONRR approval, or without lessor approval on tribal leases. (ii) As an alternative to paragraph (a)(2)(i) of this section, you may propose to ONRR a cost allocation method based on the values of the products transported. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.178(a)(3)(i) and (ii).... (3)(i) If your arm's-length 40 1 40 transportation contract includes both gaseous and liquid products and the transportation costs attributable to each cannot be determined from the contract, you must propose an allocation procedure to ONRR. * * * (ii) You are required to submit all relevant data to support your allocation proposal. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.178(b)(1)(ii)............ (b) Determining a transportation 15 5 75 allowance under a non-arm's- length contract or no contract. (1)(ii) You must submit the actual cost information to support the allowance to ONRR on Form ONRR-4295, Gas Transportation Allowance Report, within 3 months after the end of the 12-month period to which the allowance applies. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.178(b)(2)(iv)............ You may use either depreciation 20 1 20 with a return on undepreciated capital investment or a return on depreciable capital investment. After you have elected to use either method for a transportation system, you may not later elect to change to the other alternative without ONRR approval. ---------------------------------------------------------------------------------------------------------------- 1206.178(b)(2)(iv)(A)......... * * * Once you make an election, 20 1 20 you may not change methods without ONRR approval. ---------------------------------------------------------------------------------------------------------------- 1206.178(b)(3)(i)............. * * * Except as provided in this 40 1 40 paragraph, you may not take an allowance for transporting a product that is not royalty bearing without ONRR approval. ---------------------------------------------------------------------------------------------------------------- 1206.178(b)(3)(ii)............ As an alternative to the 20 1 20 requirements of paragraph (b)(3)(i) of this section, you may propose to ONRR a cost allocation method based on the values of the products transported. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.178(b)(5)................ If you transport both gaseous 40 1 40 and liquid products through the same transportation system, you must propose a cost allocation procedure to ONRR. * * * You are required to submit all relevant data to support your proposal. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.178(d)(1)................ (d) Reporting your AUDIT PROCESS. See note. transportation allowance.(1) If ONRR requests, you must submit all data used to determine your transportation allowance. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.178(d)(2), (e), and (d) Reporting your Burden covered under Sec. 1210.52 in OMB (f)(1). transportation allowance. (2) Control Number 1012-0004. You must report transportation allowances as a separate entry on Form ONRR-2014. * * * (e) Adjusting incorrect allowances. If for any month the transportation allowance you are entitled to is less than the amount you took on Form ONRR-2014, you are required to report and pay additional royalties due, plus interest computed under Sec. 1218.54 of this chapter from the first day of the first month you deducted the improper transportation allowance until the date you pay the royalties due. * * * (f) Determining allowable costs for transportation allowances. * * * (1) Firm demand charges paid to pipelines. * * * You must modify the Form ONRR-2014 by the amount received or credited for the affected reporting period. * * *. ---------------------------------------------------------------------------------------------------------------- [[Page 32149]] Processing Allowances ---------------------------------------------------------------------------------------------------------------- 1206.180(a)(1)(i)............. How do I determine an actual 1 2 2 processing allowance? (a) Determining a processing allowance if you have an arm's- length processing contract. (1)(i) * * * You have the burden of demonstrating that your contract is arm's-length. You are required to submit to ONRR a copy of your arm's- length contract(s) and all subsequent amendments to the contract(s) within 2 months of the date ONRR receives your first report that deducts the allowance on the Form ONRR-2014. ---------------------------------------------------------------------------------------------------------------- 1206.180(a)(1)(iii)........... If ONRR determines that the AUDIT PROCESS. See note. consideration paid under an arm's-length processing contract does not reflect the value of the processing because of misconduct by or between the contracting parties * * * In these circumstances, ONRR will notify you and give you an opportunity to provide written information justifying your processing costs. ---------------------------------------------------------------------------------------------------------------- 1206.180(a)(3)................ If your arm's-length processing 40 1 40 contract includes more than one gas plant product and the processing costs attributable to each product cannot be determined from the contract, you must propose an allocation procedure to ONRR. * * * You are required to submit all relevant data to support your proposal. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.180(b)(1)(ii)............ (b) Determining a processing 20 12 240 allowance if you have a non- arm's-length contract or no contract.(1)(ii) * * * You must submit the actual cost information to support the allowance to ONRR on Form ONRR- 4109, Gas Processing Allowance Summary Report, within 3 months after the end of the 12-month period for which the allowance applies. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.180(b)(2)(iv)............ You may use either depreciation 20 1 20 with a return on undepreciable capital investment or a return on depreciable capital investment. After you elect to use either method for a processing plant, you may not later elect to change to the other alternative without ONRR approval. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.180(b)(2)(iv)(A)......... * * * Once you make an election, 20 1 20 you may not change methods without ONRR approval. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.180(b)(3)................ Your processing allowance under 20 1 20 this paragraph (b) must be determined based upon a calendar year or other period if you and ONRR agree to an alternative. ---------------------------------------------------------------------------------------------------------------- 1206.180(c)(1)................ (c) Reporting your processing AUDIT PROCESS. See note. allowance. (1) If ONRR requests, you must submit all data used to determine your processing allowance. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.180(c)(2) and (d)........ (c)(2) You must report gas Burden covered under Sec. 1210.52 in OMB processing allowances as a Control Number 1012-0004. separate entry on the Form ONRR- 2014. * * * (d) Adjusting incorrect processing allowances. If for any month the gas processing allowance you are entitled to is less than the amount you took on Form ONRR-2014, you are required to pay additional royalties, plus interest computed under Sec. 1218.54 of this chapter from the first day of the first month you deducted a processing allowance until the date you pay the royalties due. * * *. ---------------------------------------------------------------------------------------------------------------- 1206.181(c)................... How do I establish processing 40 1 40 costs for dual accounting purposes when I do not process the gas? * * * A proposed comparable processing fee submitted to either the tribe and ONRR (for tribal leases) or ONRR (for allotted leases) with your supporting documentation submitted to ONRR. If ONRR does not take action on your proposal within 120 days, the proposal will be deemed to be denied and subject to appeal to the ONRR Director under 30 CFR part 1290. ---------------------------------------------------------------------------------------------------------------- [[Page 32150]] PART 1207--SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS Subpart A--General Provisions ---------------------------------------------------------------------------------------------------------------- 1207.4(b)..................... Contracts made pursuant to old AUDIT PROCESS. See note. form leases. * * * The stipulation, the substance of which must be included in the contract, or be made the subject matter of a separate instrument properly identifying the leases affected thereby, is as follows * * *. ---------------------------------------------------------------------------------------------------------------- 1207.5........................ Contract and sales agreement AUDIT PROCESS. See note. retention. Copies of all sales contracts, posted price bulletins, etc., and copies of all agreements, other contracts, or other documents which are relevant to the valuation of production are to be maintained by the lessee and made available upon request during normal working hours to authorized ONRR, State or Indian representatives, other ONRR or BLM officials, auditors of the General Accounting Office, or other persons authorized to receive such documents, or shall be submitted to ONRR within a reasonable period of time, as determined by ONRR. Any oral sales arrangement negotiated by the lessee must be placed in written form and retained by the lessee. Records shall be retained in accordance with 30 CFR part 1212. ---------------------------------------------------------------------------------------------------------------- Total Burden.............. ................................ .............. 149 1,319 ---------------------------------------------------------------------------------------------------------------- Note: AUDIT PROCESS--The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction Act of 1995 because ONRR staff asks non-standard questions to resolve exceptions. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Gregory J. Gould, Director for Office of Natural Resources Revenue. [FR Doc. 2018-14854 Filed 7-10-18; 8:45 am] BILLING CODE 4335-30-P
![Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices 32141
DEPARTMENT OF THE INTERIOR Principal Meridian, Wyoming, Group public review, we cannot guarantee that
No. 970, was accepted July 2, 2018. we will be able to do so.
Bureau of Land Management The plat and field notes representing Copies of the preceding described
[LLWY–957000–18–L13100000–PP0000] the dependent resurvey of a portion of plats and field notes are available to the
the east boundary and a portion of the public at a cost of $4.20 per plat and
Filing of Plats of Survey, Wyoming subdivisional lines, Township 33 North, $.13 per page of field notes.
Range 69 West, Sixth Principal Dated: July 5, 2018.
AGENCY: Bureau of Land Management, Meridian, Wyoming, Group No. 972,
Interior. Sonja S. Sparks,
was accepted July 2, 2018. Chief Cadastral Surveyor, Division of Support
ACTION: Notice of official filing. The plat and field notes representing Services.
the dependent resurvey of a portion of
SUMMARY: The Bureau of Land [FR Doc. 2018–14808 Filed 7–10–18; 8:45 am]
Homestead Entry Survey No. 196, a
Management (BLM) is scheduled to file BILLING CODE 4310–22–P
portion of the subdivisional lines and
plats of survey 30 calendar days from
the subdivision of section 18, and the
the date of this publication in the BLM
survey of the subdivision of section 18 DEPARTMENT OF THE INTERIOR
Wyoming State Office, Cheyenne,
and the meanders of the Gros Ventre
Wyoming. The surveys, which were
River, and the metes-and-bounds survey Office of Natural Resources Revenue
executed at the request of the BLM,
of Tract 38, Township 42 North, Range
Bureau of Reclamation, and the U. S. [Docket No. ONRR–2011–0021; DS63644000
113 West, Sixth Principal Meridian,
Forest Service, are necessary for the DR2000000.CH7000 189D0102R2; OMB
Wyoming, Group No. 975, was accepted Control Number 1012–0002]
management of these lands.
July 2, 2018.
DATES: Protests must be received by the The plat and field notes representing Agency Information Collection
BLM by August 10, 2018. the dependent resurvey of portions of Activities: Indian Oil and Gas Valuation
ADDRESSES: You may submit written the subdivisional lines, and the survey
protests to the Wyoming State Director of the subdivision of section 20, AGENCY: Office of Natural Resources
at WY957, Bureau of Land Management, Township 3 North, Range 2 West, of the Revenue, Interior.
5353 Yellowstone Road, Cheyenne, Wind River Meridian, Wyoming, Group ACTION: Notice of information collection;
Wyoming 82003. No. 976, was accepted July 2, 2018. request for comment.
FOR FURTHER INFORMATION CONTACT: The plat and field notes representing
Sonja Sparks, BLM Wyoming Chief SUMMARY: In accordance with the
the dependent resurvey of portions of
Cadastral Surveyor at 307–775–6225 or Paperwork Reduction Act of 1995
the subdivisional lines and the survey of
s75spark@blm.gov. Persons who use a (PRA), we, the Office of Natural
the subdivision of section 20, Township
telecommunications device for the deaf Resources Revenue (ONRR), are
33 North, Range 68 West, Sixth
may call the Federal Relay Service at 1– proposing to renew an information
Principal Meridian, Wyoming, Group
800–877–8339 to contact this office collection with revisions.
No. 980, was accepted July 2, 2018.
during normal business hours. The A person or party who wishes to DATES: You must submit your written
Service is available 24 hours a day, 7 protest one or more plats of survey comments on or before September 10,
days a week, to leave a message or identified above must file a written 2018.
question with this office. You will notice of protest within 30 calendar ADDRESSES: You may submit comments
receive a reply during normal business days from the date of this publication on this ICR to ONRR by using one of the
hours. with the Wyoming State Director at the following three methods (please
SUPPLEMENTARY INFORMATION: The lands above address. Any notice of protest reference ‘‘ICR 1012–0002’’ in your
surveyed are: The plat and field notes received after the scheduled date of comments):
representing the dependent resurvey of official filing will be untimely and will 1. Electronically go to https://
a portion of the west boundary and not be considered. A written statement www.regulations.gov. In the entry titled
portions of the subdivisional lines, and of reasons in support of a protest, if not ‘‘Enter Keyword or ID,’’ enter ‘‘ONRR–
the survey of the subdivision of sections filed with the notice of protest, must be 2011–0021’’ and then click ‘‘Search.’’
8 and 18, Township 18 North, Range filed with the State Director within 30 Follow the instructions to submit public
105 West, Sixth Principal Meridian, calendar days after the notice of protest comments. ONRR will post all
Wyoming, Group No. 964, was accepted is filed. If a notice of protest against a comments.
July 2, 2018. plat of survey is received prior to the 2. Mail comments to Mr. Armand
The plat and field notes representing scheduled date of official filing, the Southall, Regulatory Specialist, ONRR,
the dependent resurvey of a portion of official filing of the plat of survey P.O. Box 25165, MS 64400B, Denver,
the subdivisional lines, the retracement identified in the notice of protest will be Colorado 80225–0165.
of the westerly right-of-way of Wyoming stayed pending consideration of the 3. Hand-carry or mail comments,
State Highway No. 371 in sections 33 protest. A plat of survey will not be using an overnight courier service, to
and 34, and the metes-and-bounds officially filed until the next business ONRR. Our courier address is Building
survey of Parcel A, section 34, day following dismissal or resolution of 85, Entrance N–1, Denver Federal
Township 21 North, Range 102 West, all protests of the plat. Center, West 6th Ave. and Kipling St.,
Sixth Principal Meridian, Wyoming, Before including your address, phone Denver, Colorado 80225.
Group No. 969, was accepted July 2, number, email address, or other FOR FURTHER INFORMATION CONTACT: For
daltland on DSKBBV9HB2PROD with NOTICES
2018. personal identifying information in your any technical questions, contact Ms.
The plat and field notes representing protest, you should be aware that your LeeAnn Martin, telephone (303) 231–
the dependent resurvey of a portion of entire protest—including your personal 3313, or email to LeeAnn.Martin@
the east boundary and portions of the identifying information—may be made onrr.gov. For any other questions about
subdivisional lines, and the survey of publicly available at any time. While this ICR, contact Mr. Armand Southall,
the subdivision of section 13, Township you can ask us to withhold your telephone (303) 231–3221, or email to
14 North, Range 78 West, Sixth personal identifying information from Armand.Southall@onrr.gov. You may
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![32142 Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices
also contact Mr. Southall to obtain trust responsibility to manage Indian Indian Gas
copies, at no cost, of (1) the ICR, (2) any lands and seek advice and information Regulations at 30 CFR part 1206,
associated forms, and (3) the regulations from Indian beneficiaries. ONRR subpart E, govern the valuation for
that require us to collect the performs the mineral revenue royalty purposes of natural gas
information. management functions for the Secretary produced from Indian oil and gas leases
SUPPLEMENTARY INFORMATION: In and assists the Secretary in carrying out (Tribal and allotted). These regulations
accordance with the Paperwork the Department’s trust responsibility for require reporting on four forms that are
Reduction Act of 1995, we provide the Indian lands. Public laws pertaining to the subject of this ICR, forms ONRR–
general public and other Federal mineral leases on Federal and Indian 4109, 4295, 4410, and 4411:
agencies with an opportunity to lands are available at https:// • From information collected on form
comment on new, proposed, revised, www.onrr.gov/Laws_R_D/PubLaws/ ONRR–4109, Gas Processing Allowance
and continuing collections of index.htm. Summary Report, ONRR and Tribal
information. This helps us assess the audit personnel evaluate (1) whether
Information collections that we cover
impact of our information collection lessee-reported processing allowances
in this ICR involve six forms, forms
requirements and minimize the public’s are within regulatory allowance
ONRR–4109, 4110, 4295, 4393, 4410,
reporting burden. It also helps the limitations and calculated under
and 4411. References to these forms are applicable regulations; and (2) whether
public understand our information identified in: 30 CFR part 1202, subparts
collection requirements and provide the the lessees reported and paid the proper
C and J, which pertain to Indian oil and amount of royalties.
requested data in the desired format. gas royalties; part 1206, subparts B and
We are soliciting comments on the • From information collected on form
E, which govern the valuation of oil and ONRR–4295, Gas Transportation
proposed ICR that is described below. gas produced from leases on Indian
This ICR covers six ONRR forms. We are Allowance Report, ONRR and Tribal
lands; and part 1207, which pertains to audit personnel evaluate (1) whether
especially interested in public comment
recordkeeping. Indian Tribes and lessee-reported transportation
addressing the following issues: (1) Is
individual Indian mineral owners allowances are within regulatory
the collection necessary to the proper
receive all royalties generated from their allowance limitations and calculated
functions of ONRR; (2) will this
lands. Determining product valuation is under applicable regulations; and (2)
information be processed and used in a
timely manner; (3) is the estimate of essential to ensure that Indian Tribes whether the lessees reported and paid
burden accurate; (4) how might ONRR and individual Indian mineral owners the proper amount of royalties.
receive payment on the full value of the • Lessees use form ONRR–4410,
enhance the quality, utility, and clarity
minerals removed from their lands. Accounting for Comparison [Dual
of the information to be collected; and
Failure to collect the data that we Accounting], to certify that dual
(5) how might ONRR minimize the
describe in this ICR could result in the accounting is not required on an Indian
burden of this collection on the
undervaluation of leased minerals on lease or to make an election for actual
respondents, including through the use
Indian lands. All data reported is or alternative dual accounting for Indian
of information technology. leases. Most Indian leases contain the
Comments that you submit in subject to subsequent audit and
adjustment. requirement to perform accounting for
response to this notice are a matter of
comparison (dual accounting) for gas
public record. ONRR will post all Indian Oil produced from the lease. Therefore,
comments, including names and
lessees must elect to perform actual dual
addresses of respondents at https:// Regulations at 30 CFR part 1206, accounting as defined in 30 CFR
www.regulations.gov. We will include subpart B, govern the valuation for 1206.176, or alternative dual accounting
or summarize each comment in our royalty purposes of oil produced from as defined in 30 CFR 1206.173.
request to Office of Management and Indian oil and gas leases (Tribal and • Lessees use form ONRR–4411,
Budget (OMB) to approve this ICR. allotted), and are consistent with Safety Net Report, when they sell gas
Before including Personally Identifiable mineral leasing laws, other applicable production from an Indian oil or gas
Information (PII), such as your address, laws, and lease terms. Generally, these lease beyond the first index pricing
phone number, email address, or other regulations provide that lessees point. The safety net calculation
personal identifying information in your determine the value of oil based upon establishes the minimum value, for
comment(s), you should be aware that the higher of (1) the gross proceeds royalty purposes, of natural gas
your entire comment, including PII, may under an arm’s-length contract; or (2) production from Indian oil and gas
be made available to the public at any major portion analysis. These leases. This reporting requirement
time. While you may ask us, in your regulations require reporting on one ensures that Indian lessors receive all
comment, to withhold your PII from form that is the subject of this ICR, form royalties due and aids ONRR
public view, we cannot guarantee that ONRR–4110. compliance efforts.
we will be able to do so. We also will
post the ICR at https://www.onrr.gov/ From information collected on form Indian Oil and Gas
Laws_R_D/FRNotices/ICR0103.htm. ONRR–4110, Oil Transportation Regulations at 30 CFR 1206.56(b)(2)
Abstract: The Secretary of the United Allowance Report, ONRR and Tribal and 1206.177(c)(2) and (c)(3) govern the
States Department of the Interior is audit personnel evaluate (1) whether valuation for royalty purposes of oil and
responsible for mineral resource lessee-reported transportation gas produced from Indian oil and gas
development on Federal and Indian allowances are within regulatory leases (Tribal and allotted), and are
daltland on DSKBBV9HB2PROD with NOTICES
lands and the Outer Continental Shelf allowance limitations and calculated consistent with mineral leasing laws,
(OCS). Under various laws, the under applicable regulations; and (2) other applicable laws, and lease terms.
Secretary’s responsibility is to manage whether the lessees reported and paid These regulations require reporting on
mineral resources production on the proper amount of royalties. Lessees one form that is the subject of this ICR,
Federal and Indian lands and the OCS, must use form ONRR–4110 for both form ONRR–4393.
collect royalties due, and distribute the non-arm’s-length contract or no contract Lessees must submit form ONRR–
funds collected. The Secretary also has situations. 4393, Request to Exceed Regulatory
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![Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices 32143
Allowance Limitation, for both Federal a total of 220 burden hours for lessees Safety Net Report, under certain
and Indian leases to request to exceed to file their forms ONRR–4110 under circumstances. The lessees are required
the regulatory allowance limitation. OMB Control Number 1012–0002. It to report on forms ONRR–4109, ONRR–
Most of the burden hours are incurred also noted that ‘‘there will be no 4110, ONRR–4295, and ONRR–4393 in
on Federal leases; therefore, OMB additional burden hours because this order to obtain a benefit.
approved the form under OMB Control rule will insignificantly reduce the Title of Collection: Indian Oil and Gas
Number 1012–0005, pertaining to burden hours associated with the Oil Valuation, 30 CFR parts 1202, 1206, and
Federal oil and gas leases. However, we Transportation Allowance Report.’’ 1207.
include a discussion of the form in this Under the revised Indian oil valuation OMB Control Number: 1012–0002.
ICR, as well as the burden hours for regulations, rather than submitting Bureau Form Number: Forms ONRR–
Indian leases. To request permission to estimated transportation cost 4109, ONRR–4110, ONRR–4295, ONRR–
exceed a regulatory allowance limit, information on the form and then 4410, and ONRR–4411.
lessees must (1) submit a letter to ONRR following up with actual cost Type of Review: Extension of a
explaining why a higher allowance limit information at the end of the reporting currently approved collection, with
is necessary; and (2) provide supporting cycle, lessees need only provide actual revisions.
documentation, including a completed cost information. Also, Indian lessees Respondents/Affected Public:
form ONRR–4393. This form provides that have arm’s-length transportation Businesses.
ONRR with the data necessary to make costs are no longer required to submit Total Estimated Number of Annual
a decision whether to approve or deny form ONRR–4110 to report these costs, Respondents: 149 Indian lessees.
the request. but will, instead, submit copies of the Total Estimated Number of Annual
actual contracts to ONRR. Responses: 149.
Revisions to ICR
Estimated Completion Time per
OMB Approval
This is an ICR with revisions because Response: 8.85 hours.
it takes into account the final rule We are requesting OMB’s approval to Total Estimated Number of Annual
published May 1, 2015, which amended continue to collect this information, Burden Hours: 1,319 hours.
ONRR’s Indian oil valuation regulations with revisions. Not collecting this Respondent’s Obligation: Required to
(80 FR 24794). This ICR requires minor information would limit the Secretary’s obtain or retain a benefit.
revisions to note changes to its authority ability to discharge fiduciary duties and Frequency of Collection: Annually
when the final rule amended 30 CFR may also result in the inability to and on occasion.
part 1206, subpart B. The two changes confirm the accurate royalty value to Total Estimated Annual Nonhour
relevant to this ICR are that the Indian Tribes and individual Indian Burden Cost: None.
amendment: (1) Eliminated the form mineral owners. ONRR protects the We have not included in our
ONRR–4110 filing requirements for proprietary information that it receives estimates certain requirements
arm’s-length transportation allowance; and does not collect items of a sensitive performed in the normal course of
and (2) eliminated the pre-filing of form nature. The requirement to report is business and considered usual and
ONRR–4110 prior to claiming a non- mandatory for form ONRR–4410, customary. The following chart shows
arm’s-length transportation allowance. Accounting for Comparison [Dual the estimated burden hours by CFR
The final rule noted that OMB approved Accounting], and for form ONRR–4411, section and paragraph:
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Average Annual
Hour number of
30 CFR Reporting and recordkeeping requirement burden
burden annual hours
responses
Part 1202—ROYALTIES
Subpart C—Federal and Indian Oil
1202.101 ..................... Standards for reporting and paying royalties. Report oil volumes in Burden covered under § 1210.52 in OMB Control
barrels of clean oil of 42 standard U.S. gallons (231 cubic inches Number 1012–0004.
each) at 60 °F.
Subpart J—Gas Production From Indian Leases
1202.551(b) ................ How do I determine the volume of production for which I must pay Burden covered under § 1210.52 in OMB Control
royalty if my lease is not in an approved Federal unit or Number 1012–0004.
communitization agreement (AFA)? * * * (b) You and all other
persons paying royalties on the lease must report and pay royal-
ties based on your takes. * * *.
1202.551(c) ................. You and all other persons paying royalties on the lease may ask 1 1 1
ONRR for permission to report and pay royalties based on your
entitlements. * * *.
daltland on DSKBBV9HB2PROD with NOTICES
1202.558(a) and (b) .... What standards do I use to report and pay royalties on gas? (a) Burden covered under § 1210.52 in OMB Control
You must report gas volumes * * * (b) You must report residue Number 1012–0004.
gas and gas plant product volumes. * * *.
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![32146 Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average Annual
Hour number of
30 CFR Reporting and recordkeeping requirement burden
burden annual hours
responses
1206.62(c)(2) .............. After the Assistant Secretary [for Indian Affairs] issues a value de- Burden covered under § 1210.52 in OMB Control
termination, you must make any adjustments to royalty payments Number 1012–0004.
that follow from the determination, and, if you owe additional roy-
alties, you must pay the additional royalties due plus late pay-
ment interest calculated under § 1218.54 of this chapter.
1206.64 ....................... What records must I keep to support my calculations of value under AUDIT PROCESS. See note.
this subpart? If you determine the value of your oil under this
subpart, you must retain all data relevant to the determination of
royalty value. * * *.
Part 1206—PRODUCT VALUATION
Subpart E—Indian Gas
1206.172(b)(1)(ii) ........ How do I value gas produced from leases in an index zone? (b) 4 58 232
Valuing residue gas and gas before processing. (1)(ii) Gas pro-
duction that you certify on Form ONRR–4410, Certification for
Not Performing Accounting for comparison (Dual Accounting), is
not processed before it flows into a pipeline with an index but
which may be processed later; * * *.
1206.172(e)(6)(i) and (e) Determining the minimum value for royalty purposes of gas sold 3 11 33
(iii). beyond the first index pricing point. * * * (6)(i) You must report
the safety net price for each index zone to ONRR on Form
ONRR–4411, Safety Net Report, no later than June 30 following
each calendar year; * * * (iii) ONRR may order you to amend
your safety net price within one year from the date your Form
ONRR–4411 is due or is filed, whichever is later. * * *.
1206.172(e)(6)(ii) ........ You must pay and report on Form ONRR–2014 additional royalties Burden covered under § 1210.52 in OMB Control
due no later than June 30 following each calendar year; * * *. Number 1012–0004.
1206.172(f)(1)(ii), (f) Excluding some or all tribal leases from valuation under this sec- 40 1 40
(f)(2), and (f)(3). tion. (1) An Indian tribe may ask ONRR to exclude some or all of
its leases from valuation under this section. * * * (ii) If an Indian
tribe requests exclusion from an index zone for less than all of its
leases, ONRR will approve the request only if the excluded
leases may be segregated into one or more groups based on
separate fields within the reservation. (2) An Indian tribe may ask
ONRR to terminate exclusion of its leases from valuation under
this section. * * * (3) The Indian tribe’s request to ONRR under
either paragraph (f)(1) or (2) of this section must be in the form
of a tribal resolution. * * *.
1206.173(a)(1) ............ How do I calculate the alternative methodology for dual account- 2 12 24
ing? (a) Electing a dual accounting method. (1) * * * You may
elect to perform the dual accounting calculation according to ei-
ther § 1206.176(a) (called actual dual accounting), or paragraph
(b) of this section (called the alternative methodology for dual ac-
counting).
1206.173(a)(2) ............ You must make a separate election to use the alternative method- Burden covered under § 1206.173(a)(1).
ology for dual accounting for your Indian leases in each ONRR-
designated area. * * *.
1206.174(a)(4)(ii) ........ How do I value gas production when an index-based method can- Burden covered under § 1210.52 in OMB Control
not be used? (a) Situations in which an index-based method can- Number 1012–0004.
not be used. (4)(ii) If the major portion value is higher, you must
submit an amended Form ONRR–2014 to ONRR by the due date
specified in the written notice from ONRR of the major portion
value. * * *.
daltland on DSKBBV9HB2PROD with NOTICES
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![32148 Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average Annual
Hour number of
30 CFR Reporting and recordkeeping requirement burden
burden annual hours
responses
1206.178(a)(2)(i) and (a)(2)(i) * * * [Y]ou cannot take an allowance for the costs of trans- 20 1 20
(ii). porting lease production that is not royalty bearing without ONRR
approval, or without lessor approval on tribal leases. (ii) As an al-
ternative to paragraph (a)(2)(i) of this section, you may propose
to ONRR a cost allocation method based on the values of the
products transported. * * *.
1206.178(a)(3)(i) and (3)(i) If your arm’s-length transportation contract includes both gas- 40 1 40
(ii). eous and liquid products and the transportation costs attributable
to each cannot be determined from the contract, you must pro-
pose an allocation procedure to ONRR. * * * (ii) You are re-
quired to submit all relevant data to support your allocation pro-
posal. * * *.
1206.178(b)(1)(ii) ........ (b) Determining a transportation allowance under a non-arm’s- 15 5 75
length contract or no contract. (1)(ii) You must submit the actual
cost information to support the allowance to ONRR on Form
ONRR–4295, Gas Transportation Allowance Report, within 3
months after the end of the 12-month period to which the allow-
ance applies. * * *.
1206.178(b)(2)(iv) ....... You may use either depreciation with a return on undepreciated 20 1 20
capital investment or a return on depreciable capital investment.
After you have elected to use either method for a transportation
system, you may not later elect to change to the other alternative
without ONRR approval.
1206.178(b)(2)(iv)(A) .. * * * Once you make an election, you may not change methods 20 1 20
without ONRR approval.
1206.178(b)(3)(i) ......... * * * Except as provided in this paragraph, you may not take an al- 40 1 40
lowance for transporting a product that is not royalty bearing
without ONRR approval.
1206.178(b)(3)(ii) ........ As an alternative to the requirements of paragraph (b)(3)(i) of this 20 1 20
section, you may propose to ONRR a cost allocation method
based on the values of the products transported. * * *.
1206.178(b)(5) ............ If you transport both gaseous and liquid products through the same 40 1 40
transportation system, you must propose a cost allocation proce-
dure to ONRR. * * * You are required to submit all relevant data
to support your proposal. * * *.
1206.178(d)(1) ............ (d) Reporting your transportation allowance.(1) If ONRR requests, AUDIT PROCESS. See note.
you must submit all data used to determine your transportation
allowance. * * *.
1206.178(d)(2), (e), (d) Reporting your transportation allowance. (2) You must report Burden covered under § 1210.52 in OMB Control
and (f)(1). transportation allowances as a separate entry on Form ONRR– Number 1012–0004.
2014. * * * (e) Adjusting incorrect allowances. If for any month
the transportation allowance you are entitled to is less than the
amount you took on Form ONRR–2014, you are required to re-
port and pay additional royalties due, plus interest computed
under § 1218.54 of this chapter from the first day of the first
month you deducted the improper transportation allowance until
the date you pay the royalties due. * * * (f) Determining allow-
able costs for transportation allowances. * * * (1) Firm demand
charges paid to pipelines. * * * You must modify the Form
ONRR–2014 by the amount received or credited for the affected
reporting period. * * *.
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![32150 Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Average Annual
Hour number of
30 CFR Reporting and recordkeeping requirement burden
burden annual hours
responses
PART 1207—SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS
Subpart A—General Provisions
1207.4(b) .................... Contracts made pursuant to old form leases. * * * The stipulation, AUDIT PROCESS. See note.
the substance of which must be included in the contract, or be
made the subject matter of a separate instrument properly identi-
fying the leases affected thereby, is as follows * * *.
1207.5 ......................... Contract and sales agreement retention. Copies of all sales con- AUDIT PROCESS. See note.
tracts, posted price bulletins, etc., and copies of all agreements,
other contracts, or other documents which are relevant to the
valuation of production are to be maintained by the lessee and
made available upon request during normal working hours to au-
thorized ONRR, State or Indian representatives, other ONRR or
BLM officials, auditors of the General Accounting Office, or other
persons authorized to receive such documents, or shall be sub-
mitted to ONRR within a reasonable period of time, as deter-
mined by ONRR. Any oral sales arrangement negotiated by the
lessee must be placed in written form and retained by the lessee.
Records shall be retained in accordance with 30 CFR part 1212.
Total Burden ........ ............................................................................................................. ........................ 149 1,319
Note: AUDIT PROCESS—The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction Act of
1995 because ONRR staff asks non-standard questions to resolve exceptions.
An agency may not conduct or polytetrafluoroethylene resin from 12815). The hearing was held in
sponsor, and a person is not required to India, provided for in subheadings Washington, DC, on May 17, 2018, and
respond to, a collection of information 3904.61.00 and 3904.69.50 of the all persons who requested the
unless it displays a currently valid OMB Harmonized Tariff Schedule of the opportunity were permitted to appear in
control number. United States, that have been found by person or by counsel.
The authority for this action is the the U.S. Department of Commerce The Commission made this
Paperwork Reduction Act of 1995 (44 (‘‘Commerce’’) to be subsidized by the determination pursuant to section
U.S.C. 3501 et seq.). government of India.2 3 705(b) of the Act (19 U.S.C. 1671d(b)).
Gregory J. Gould, Background It completed and filed its determination
Director for Office of Natural Resources in this investigation on July 6, 2018. The
The Commission, pursuant to section views of the Commission are contained
Revenue. 705(b) of the Act (19 U.S.C. 1671d(b)),
[FR Doc. 2018–14854 Filed 7–10–18; 8:45 am]
in USITC Publication 4801 (July 2018),
instituted this investigation effective entitled Polytetrafluoroethylene Resin
BILLING CODE 4335–30–P September 28, 2017, following receipt of from India: Investigation No. 701–TA–
a petition filed with the Commission 588 (Final).
and Commerce by The Chemours
INTERNATIONAL TRADE Company FC LLC, Wilmington, By order of the Commission.
COMMISSION Delaware. The final phase of the Issued: July 6, 2018.
[Investigation No. 701–TA–588 (Final)]
investigation was scheduled by the Lisa Barton,
Commission following notification of a Secretary to the Commission.
Polytetrafluoroethylene Resin From preliminary determination by [FR Doc. 2018–14842 Filed 7–10–18; 8:45 am]
India Commerce that imports of BILLING CODE 7020–02–P
polytetrafluoroethylene resin from India
Determination were being subsidized within the
On the basis of the record 1 developed meaning of section 703(b) of the Act (19
in the subject investigation, the United U.S.C. 1671b(b)). Notice of the DEPARTMENT OF JUSTICE
States International Trade Commission scheduling of the final phase of the
(‘‘Commission’’) determines, pursuant Commission’s investigation and of a Notice of Lodging of Proposed
to the Tariff Act of 1930 (‘‘the Act’’), public hearing to be held in connection Consent Decree Under the Clean Air
that an industry in the United States is therewith was given by posting copies Act
not materially injured or threatened of the notice in the Office of the
with material injury, and the Secretary, U.S. International Trade On July 2, 2018, the Department of
daltland on DSKBBV9HB2PROD with NOTICES
establishment of an industry in the Commission, Washington, DC, and by Justice lodged a proposed Consent
United States is not materially retarded publishing the notice in the Federal Decree with the United States District
by reason of imports of Register on March 23, 2018 (83 FR Court for the Western District of
Missouri in the lawsuit entitled United
1 The record is defined in sec. 207.2(f) of the 2 83FR 23423, May 21, 2018. States v. MFA Incorporated, and MFA
Commission’s Rules of Practice and Procedure (19 3 Commissioner Kearns did not participated in Enterprises, Inc., Civil Action No.: 2:18–
CFR 207.2(f)). this investigation. cv–04133–WJE.
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Document Created: 2018-07-10 23:54:19
Document Modified: 2018-07-10 23:54:19
| 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 of information collection; request for comment. | |
| Dates | You must submit your written comments on or before September 10, 2018. | |
| Contact | For any technical questions, contact Ms. LeeAnn Martin, telephone (303) 231-3313, or email to [email protected] For any other questions about this ICR, contact Mr. Armand Southall, telephone (303) 231-3221, or email to [email protected] You may also contact Mr. Southall to obtain copies, at no cost, of (1) the ICR, (2) any associated forms, and (3) the regulations that require us to collect the information. | |
| FR Citation | 83 FR 32141 |
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