Notice2022-06708
Agency Information Collection Activities; Application Requirement for States To Apply for Orphaned Well Site Plugging, Remediation, and Restoration Grant Consideration
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 30, 2022
Issuing agencies
Interior Department
Abstract
In accordance with the Paperwork Reduction Act of 1995, the Office of the Secretary will seek Office of Management and Budget (OMB) approval of an emergency clearance of a new information collection.
Full Text
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<title>Federal Register, Volume 87 Issue 61 (Wednesday, March 30, 2022)</title>
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[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Notices]
[Pages 18385-18388]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06708]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[223D0102DM, DS6CS00000, DLSN00000.000000. DX6CS25; OMB Control Number
1093-New]
Agency Information Collection Activities; Application Requirement
for States To Apply for Orphaned Well Site Plugging, Remediation, and
Restoration Grant Consideration
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of information collection; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Office of the Secretary will seek Office of Management and Budget (OMB)
approval of an emergency clearance of a new information collection.
DATES: Interested persons are invited to submit comments on or before
May 31, 2022.
ADDRESSES: Written comments and recommendations for the proposed
emergency clearance of a new information collection should be sent to
Departmental Information Collection Clearance Officer, U.S. Department
of the Interior, 1849 C Street NW, Washington, DC 20240; or by email to
<a href="/cdn-cgi/l/email-protection#10545f593d40425150797f633e747f793e777f66"><span class="__cf_email__" data-cfemail="a0e4efe98df0f2e1e0c9cfd38ec4cfc98ec7cfd6">[email protected]</span></a>. Please reference OMB Control Number ``1093-New
Orphaned Well Grants'' in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact William B. Lodder Jr., Team Leader,
Environmental Cleanup and Liability Management Team, Office of
Environmental Policy and Compliance (OEPC), U.S. Department of the
Interior, 1849 C Street NW, Washington, DC 20240; by telephone at 202-
208-6128; or by email to <a href="/cdn-cgi/l/email-protection#402f323028212e252437252c2c3300292f336e242f296e272f36"><span class="__cf_email__" data-cfemail="234c51534b424d464754464f4f50634a4c500d474c4a0d444c55">[email protected]</span></a>. Individuals in the
United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), all
information collections require approval under the PRA. We may not
conduct or sponsor and you are not required to respond to a collection
of information unless it displays a currently valid OMB control number.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies to comment on
new, proposed, revised, and continuing collections of information. This
helps us assess the impact of our information collection requirements
and minimize the public's reporting burden. It also helps the public
understand our information collection requirements and provide the
requested data in the desired format.
We are especially interested in public comment addressing the
following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
[[Page 18386]]
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this ICR. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you can ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Abstract: Public Law 117-58, Section 40601, ``Orphaned Well Site
Plugging, Remediation, and Restoration'' contained in the Bipartisan
Infrastructure Law (BIL) (November 15, 2021) amends Section 349 of the
Energy Policy Act of 2005 (42 U.S.C. 15907) and designates the U.S.
Department of the Interior (Interior) as the key agency responsible for
implementing a grant program for applicable government entities to
plug, remediate, and reclaim orphaned wells on lands covered by the
legislation. The associated investments, as part of the new grant
programs, will rebuild America's critical infrastructure, tackle the
climate crisis, advance environmental justice, and drive the creation
of good-paying union jobs.
Interior will issue financial assistance through grant and
cooperative agreement awards to state governments and Indian tribal
governments under Assistance Listing (CFDA) program 15.018 Energy
Community Revitalization Program (ECRP). The authority is the
Infrastructure Investment and Jobs Act (Pub. L. 117-58), Title VI,
Section 40601.
The program is separated into the following parts:
1. Initial Mandatory Grants to States
2. Formula Grants to States
3. Performance Grants to States
4. Tribal Grants
BIL Section 40601 stipulates the first deadline to implement the
initial grants portion of the program as May 14, 2022. However, since
that date is a Saturday, the program has set the deadline for
applications to 11:59 p.m. EDT Friday, May 13, 2022. The BIL requires
Interior to collect information necessary to ensure that grant funds
authorized by this legislation are used in accordance with the BIL and
Federal assistance requirements under 2 CFR 200. Information collected
by Interior's Office of Environmental Policy and Compliance (OEPC) as
part of the consolidated workplan is described below. Interior seeks
OMB approval of an emergency clearance to collect this information to
manage and monitor grant awards to comply with the BIL.
To implement grant funds authorized by the BIL, the OEPC proposes
to collect the following information associated with the administration
of grants related to ``Orphaned Well Site Plugging, Remediation, and
Restoration'' under Section 40601:
<bullet> Consolidated Workplans--We ask for the following
information as part of the consolidated workplan:
--(a) The applicant's process for determining that a well has been
orphaned, including what efforts will be made to redeem financial
assurances or otherwise recoup remediation costs from any parties
responsible;
--(b) A description of the applicant's plugging standards, including
the witnessing requirements (qualifications of witness, documentation);
--(c) Details of the applicant's prioritization process for evaluating
and ranking orphan wells and associated surface reclamation, including
criteria, weighting, and how such prioritization will address resource
and financial risk, public health and safety, potential environmental
harm (including methane emissions where applicable), and other land use
priorities;
--(d) If no prioritization process currently exists, the applicant
should describe its plans to develop and implement a prioritization
process;
--(e) Details of how the applicant will identify and address any
disproportionate burden of adverse human health or environmental
effects of orphaned wells on disadvantaged communities, including
communities of color, low-income communities, and Tribal and indigenous
communities;
--(f) The methodology to be used by the applicant to measure and track
methane and other gases associated with orphaned wells, including how
the applicant will confirm the effectiveness of plugging activities in
reducing or eliminating such emissions;
--(g) The methodology to be used by the applicant to measure and track
contamination of groundwater and surface water associated with orphaned
wells, including how the applicant will confirm the effectiveness of
plugging activities in reducing or eliminating such contamination;
--(h) The methodology to be used to decommission or remove associated
pipelines, facilities, and infrastructure and to remediate soil and
restore habitat that has been degraded due to the presence of orphaned
wells and associated infrastructure;
--(i) Methods the applicant will use to solicit recommendations from
local officials and the public regarding the prioritization of well
plugging and site remediation activities, and any other processes the
applicant will use to solicit feedback on the program from local
officials and the public;
--(j) Latitude/Longitude and all other data elements and associated
units of measure as indicated in the Orphaned Well Data Reporting
Template (see guidance provided within the IC in ROCIS);
--(k) How the applicant will use funding to locate currently
undocumented orphaned wells;
--(l) Plans the applicant has to engage third-parties in partnerships
around well plugging and site remediation, or any existing similar
partnerships the applicant currently belongs to;
--(m) Training programs, registered apprenticeships, and local and
economic hire agreements for workers the applicant intends to conduct
or fund in well plugging or site remediation;
--(n) Plans the applicant has to support opportunities for all workers,
including workers underrepresented in well plugging or site
remediation, to be trained and placed in good-paying jobs directly
related to the project;
--(o) Plans the applicant has to incorporate equity for underserved
communities into their planning, including supporting the expansion of
high-quality, good paying jobs through workforce development programs
and incorporating workforce strategy into project development;
--(p) Procedures the applicant will use to coordinate with Federal or
Tribal agencies to determine whether efficiencies may exist by
combining field survey, plugging, or surface remediation work across
private, State, Federal, and Tribal land;
[[Page 18387]]
--(q) The applicant's authorities to enter private property, or an
applicant's procedures to obtain landowner consent to enter private
property, in the event that any wells to be plugged will be accessed
from privately owned surface;
--(r) A work schedule covering the period of performance of the Initial
grant; and
--(s) If applicable, a federally approved Indirect Cost Rate Agreement
or statement regarding applicant's intention to negotiate or utilize
the de minimis rate.
<bullet> Grant Applications--The OEPC proposes to collect the
following additional elements from applicants:
--Standard forms (SF) from the SF-424 Series: Applicants must submit
the following SF-424 series of forms:
[cir] SF-424, Application for Federal Assistance;
[cir] SF-424A, Budget Information for Non-Construction Programs or
SF-424C Budget Information for Construction Program;
[cir] SF-424B, Assurances for Non-Construction Programs) or SF-424D
Assurances for Construction Programs);
[cir] SF-428 Tangible Personal Property Report; and the
[cir] SF-LLL, Disclosure of Lobbying Activities, when applicable)
--Indirect Cost Statement: If requesting reimbursement for indirect
costs, all applicants must include in their application a statement
regarding how they anticipate charging indirect costs.
--Negotiated Indirect Cost Rate Agreement (NICRA): When applicable, a
copy of the applicant's current Federal Agency-approved Negotiated
Indirect Cost Rate Agreement is required.
--Single Audit Reporting Statement: All U.S. governmental entities and
non-profit applicants must submit a statement regarding their single
audit reporting status.
--Conflict of Interest Disclosures: Applicants must notify the Service
in writing of any actual or potential conflicts of interest known at
the time of application or that may arise during the life of this
award, in the event the Service makes an award to the entity.
--Certification Statement: Applicants for the Initial Grant part of
this program must provide a signed State Certification statement
consistent with Section 40601(c)(3)(A)(ii)(III) or
40601(c)(3)(A)(i)(II) of the BIL.
<bullet> Amendments--For many budget and program plan revisions, 2
CFR 200 requires recipients submit revision requests to the Federal
awarding agency in writing for prior approval. Interior reviews such
requests received to determine the eligibility and allowability of new
or revised activities and costs and approves certain items of cost.
<bullet> Reporting/Recordkeeping Requirements:
--Financial Reports: Recipients are required to submit all financial
reports on the Standard Form 425, Federal Financial Report. All
recipients must submit financial reports in accordance with 2 CFR 200.
The frequency of financial reporting may vary between the different
parts of this program. However, all recipients will be required to
submit reports at least annually and no more frequently than quarterly.
We may require interim reports more frequently than quarterly as a
specific condition of award in unusual circumstances, for example where
more frequent reporting is necessary for the effective monitoring of
the Federal award or could significantly affect program outcomes, and
preferably in coordination with performance reporting.
--Performance Reports: Recipients must submit performance reports in
accordance with 2 CFR 200. We use performance reports as a tool to
ensure that the recipient is accomplishing the work on schedule and to
identify any problems that the awardee may be experiencing in
accomplishing that work. This information is necessary for the Service
to track accomplishments and performance-related data. Performance
reports must include:
[cir] A comparison of actual accomplishments to the goals and
objectives established for the reporting period, the results/findings,
or both;
[cir] If the goals and objectives were not met, the reasons why,
including analysis and explanation of cost overruns or high unit costs
compared to the benefit received to reach an objective;
[cir] Performance trend data and analysis to be used by the
awarding program to monitor and assess recipient and Federal awarding
program performance; and
[cir] Consolidated long-term work plan and accomplishments updates,
when award is part of a large scale or long-term effort funded under
multiple awards over time.
The frequency of performance reporting may vary between the
different parts of this program. However, all recipients will be
required to submit reports at least annually and no more frequently
than quarterly. We may require interim reports more frequently than
quarterly as a specific condition of award in unusual circumstances,
for example where more frequent reporting is necessary for the
effective monitoring of the Federal award or could significantly affect
program outcomes.
--Final 15-month Report: As required in the BIL, State recipients under
the Initial Grants part of the program must submit a report no later
than 15 months after the date on which the State receives the funds,
describing the means by which the State used the funds in accordance
with its application and certification, and including the reporting
parameters described in this guidance.
--Recordkeeping Requirements: Recipients must retain financial records,
supporting documents, statistical records, and all other records
pertinent to a Federal award per 2 CFR 200 requirements.
Title of Collection: Application Requirement for States to Apply
for Orphaned Well Site Plugging, Remediation, and Restoration Grant
Consideration.
OMB Control Number: 1093-New.
Form Number: None.
Type of Review: Request for emergency approval of a new information
collection.
Respondents/Affected Public: 92 (27 State and 65 Tribal
governments).
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: None.
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Average
Average number Average number Average number completion Estimated
Requirement of annual of responses of annual time per annual burden
respondents each responses response hours
(hours)
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Consolidated Workplan:
[[Page 18388]]
Government.................. 92 1 92 4 368
Applications:
Government.................. 92 1 92 40 3,680
Amendments:
Government.................. 10 1 10 3 30
Financial Reports:
Reporting................... 92 1 92 6 552
Recordkeeping............... .............. .............. .............. 2 184
Performance Reports:
Reporting................... 92 1 92 24 2,208
Recordkeeping............... .............. .............. .............. 8 736
Final 15-month Reports:
Reporting................... 92 1 92 24 2,208
Recordkeeping............... .............. .............. .............. 8 736
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Totals.................. 470 .............. 470 .............. 10,702
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An agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Jeffrey Parrillo,
Departmental Information Collection Clearance Officer.
[FR Doc. 2022-06708 Filed 3-29-22; 8:45 am]
BILLING CODE 4334-63-P
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