Notice2023-26433
Agency Information Collection Activities; Collection of Monies Due the Federal Government; and Processing Refund Requests Related to Overpayments Made to ONRR
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
December 1, 2023
Issuing agencies
Interior DepartmentNatural Resources Revenue Office
Abstract
In accordance with the Paperwork Reduction Act of 1995, ONRR is proposing to revise an information collection. Through this Information Collection Request (ICR), ONRR seeks renewed authority to collect information necessary to cover cross-lease netting in the calculation of late-payment interest; a lessee's designation of designee for payment obligations; tribal permission for recoupment on Indian oil and gas leases; and refund requests for overpayments made to ONRR.
Full Text
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<title>Federal Register, Volume 88 Issue 230 (Friday, December 1, 2023)</title>
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[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83962-83964]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26433]
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DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR-2011-0009; DS63644000 DRT000000.CH7000 234D1113RT; OMB
Control Number 1012-0008]
Agency Information Collection Activities; Collection of Monies
Due the Federal Government; and Processing Refund Requests Related to
Overpayments Made to ONRR
AGENCY: Office of Natural Resources Revenue (``ONRR''), Interior.
ACTION: Notice of information collection; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, ONRR
is proposing to revise an information collection. Through this
Information Collection Request (ICR), ONRR seeks renewed authority to
collect information necessary to cover cross-lease netting in the
calculation of late-payment interest; a lessee's designation of
designee for payment obligations; tribal permission for recoupment on
Indian oil and gas leases; and refund requests for overpayments made to
ONRR.
DATES: You must submit your written comments on or before January 30,
2024.
ADDRESSES: All comment submissions must (1) reference ``OMB Control
Number 1012-0008'' in the subject line; (2) be sent to ONRR before the
close of the comment period listed under DATES; and (3) be sent using
the following method:
Electronically via the Federal eRulemaking Portal: Please visit
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search Box, enter the Docket ID
Number for this ICR renewal (``ONRR-2011-0009'') and click ``search''
to view the publications associated with the docket folder. Locate the
document with an open
[[Page 83963]]
comment period and click the ``Comment Now!'' button. Follow the
prompts to submit your comment prior to the close of the comment
period.
Docket: To access the docket folder to view the ICR Federal
Register publications, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search
``ONRR-2011-0009'' to view renewal notices recently published in the
Federal Register, publications associated with prior renewals, and
applicable public comments received for this ICR. ONRR will make the
comments submitted in response to this notice available for public
viewing at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
OMB ICR Data: OMB also maintains information on ICR renewals and
approvals. You may access this information at <a href="https://www.reginfo.gov/public/do/PRASearch">https://www.reginfo.gov/public/do/PRASearch</a>. Please use the following instructions: Under the
``OMB Control Number'' heading enter ``1012-0008'' and click the
``Search'' button located at the bottom of the page. To view the ICR
renewal or OMB approval status, click on the latest entry (based on the
most recent date). On the ``View ICR--OIRA Conclusion'' page, check the
box next to ``All'' to display all available ICR information provided
by OMB.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Mr. Christopher Davis, Financial Management,
ONRR by email at <a href="/cdn-cgi/l/email-protection#c98aa1bba0babda6b9a1acbbe78da8bfa0ba89a6a7bbbbe7aea6bf"><span class="__cf_email__" data-cfemail="8fcce7fde6fcfbe0ffe7eafda1cbeef9e6fccfe0e1fdfda1e8e0f9">[email protected]</span></a> or by telephone at (303)
231-3977. To inquire about form ONRR-4425, please contact Aaron
Lindquist, Data Solutioning and Technical Support, ONRR by email at
<a href="/cdn-cgi/l/email-protection#347555465b5a1a785d5a5045415d4740745b5a46461a535b42"><span class="__cf_email__" data-cfemail="82c3e3f0edecacceebece6f3f7ebf1f6c2edecf0f0ace5edf4">[email protected]</span></a> or by telephone at (303) 231-3020. To inquire
about refund requests, please contact Thomas Anthony, Revenue,
Reporting, and Compliance Management, ONRR by email at
<a href="/cdn-cgi/l/email-protection#43172b2c2e22306d022d372b2c2d3a032c2d31316d242c35"><span class="__cf_email__" data-cfemail="b2e6dadddfd3c19cf3dcc6dadddccbf2dddcc0c09cd5ddc4">[email protected]</span></a> or by telephone at (303) 231-3708.
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: Pursuant to the PRA, 44 U.S.C. 3501, et
seq., and 5 CFR 1320.5, all information collections, as defined in 5
CFR 1320.3, require approval by OMB. ONRR 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 ONRR's continuing effort to reduce paperwork and
respondent burdens, ONRR is inviting the public and other Federal
agencies to comment on new, proposed, revised, and continuing
collections of information in accordance with the PRA and 5 CFR
1320.8(d)(1). This helps ONRR to assess the impact of its information
collection requirements and minimize the public's reporting burden. It
also helps the public understand ONRR's information collection
requirements and provide the requested data in the desired format.
ONRR is especially interested in public comments addressing the
following:
(1) Whether the collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information will have practical utility;
(2) The accuracy of ONRR's estimate of the burden for this
collection of information, including the validity of the methodology
and assumptions used;
(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. ONRR will include or summarize each comment in its
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 ONRR in your comment to
withhold your personal identifying information from public review, ONRR
cannot guarantee that it will be able to do so.
Abstract: (a) General Information: The Federal Oil and Gas Royalty
Management Act of 1982 (``FOGRMA'') directs the Secretary of the
Interior (``Secretary'') to ``establish a comprehensive inspection,
collection and fiscal and production accounting and auditing system to
provide the capability to accurately determine oil and gas royalties,
interest, fines, penalties, fees, deposits, and other payments owed,
and to collect and account for such amounts in a timely manner.'' 30
U.S.C. 1711. ONRR performs these and other mineral revenue management
responsibilities for the Secretary. See U.S. Department of the Interior
Departmental Manual, 112 DM 34.1 (Dec. 9, 2020). This ICR covers the
burden hours associated with performing these responsibilities.
(b) Information Collections: This ICR concerns the following
information.
(1) Cross-Lease Netting in Calculation of Late-Payment Interest: In
calculating late-payment interest, ONRR allows a lessee to offset an
overpayment made on a lease against an underpayment made on another
lease if certain conditions are met. See 30 CFR 1218.42(a). ONRR refers
to this offset as ``cross-lease netting.'' If a lessee asserts that
interest is not owed due to cross-lease netting, it must provide
information to ONRR showing that the conditions are met.
(2) Designation of Designee for Federal Oil and Gas Leases: FOGRMA
allows a lessee to notify the Secretary in writing of its designation
of ``a person to make all or part of the payments due under a lease on
the lessee's behalf . . . in which event said designated person may, in
its own name, pay, offset or credit monies, make adjustments, request
and receive refunds and submit reports with respect to payments
required by the lessee.'' See 30 U.S.C. 1712(a). ONRR specifies the
information that a lessee must provide to designate a designee in 30
CFR 1218.52(a). A lessee must use form ONRR-4425, Designation Form for
Payment Responsibility, to provide that information.
As discussed below, ONRR is modifying the form ONRR-4425 as part of
this ICR renewal to be more consistent with FOGRMA and to better
capture the information that a lessee is required to provide under 30
CFR 1218.52. The modifications do not expand the information collected
or change the burden hours necessary to complete the form.
ONRR is modifying the title of the form from ``Designation Form for
Royalty Payment Responsibility'' to ``Designation Form for Payment
Responsibility'' because the form may be used for certain payment types
other than royalty payments. See 30 U.S.C. 1712(a) and 30 CFR
1218.52(a)(3).
The current form ONRR-4425 has fields for specifying effective and
termination dates for the designation. However, FOGRMA provides that a
notice of designation, modification of designation, or termination of
designation is effective upon receipt by the Secretary. See 30 U.S.C.
1702 (definition of ``designee''). ONRR therefore is removing the
fields for a lessee to specify effective and
[[Page 83964]]
termination dates and adding an instruction stating that a designation,
modification of designation, or termination of designation is effective
upon receipt by ONRR. ONRR is also adding a ``filing type'' field for
the lessee to specify whether the form is being filed as an initial
designation, a modification of a designation, or a termination of a
designation.
The current form ONRR-4425 contains fields for a lessee to provide
both the ONRR lease number and the leasing agency (Bureau of Land
Management or Bureau of Safety and Environmental Enforcement) lease
number for the designation. ONRR is modifying the form to require only
the leasing agency number since ONRR's data systems can convert the
leasing agency number to the ONRR lease number.
Section 1218.52(a)(6) requires the lessee to provide the name,
address, and phone number of the individual to contact for the
designee. However, the current form ONRR-4425 does not have a field for
the lessee to supply this information. ONRR therefore is adding a field
to the form for the lessee to provide this contact information if the
designee is a company.
Though the current form ONRR-4425 contains fields for a lessee to
specify whether it is the lessee of record or operating rights owner,
it does not contain a place to provide its percentage of operating
rights ownership in the lease, as required by Sec. 1218.52(a)(4). ONRR
therefore is modifying the form ONRR-4425 to include a field for a
lessee to provide its percentage of operating rights ownership.
Section 1218.52(a)(10) requires a lessee to provide a copy of the
written designation with the form ONRR-4425, reflecting the designee's
acceptance of the designation. ONRR is modifying the form ONRR-4425 to
remind the lessee of this requirement. ONRR also is modifying the form
ONRR-4425 instructions to specify that a lessee may use this written
designation to (i) add additional leases to the designation, (ii)
specify product types for the designation, and (iii) specify its
operating rights percentages in different areas covered by the lease if
its operating rights ownership is not uniform throughout the lease.
Finally, ONRR is removing any requirement to provide fax information.
(3) Tribal Permission for Recoupment on Indian Oil and Gas Leases:
Pursuant to 30 CFR 1218.53(b), a payor may, with written permission
authorized by tribal statute or resolution, recoup an overpayment
against royalties or other revenues owed for the same production month
under other leases for which that tribe is the lessor. See 30 CFR
1218.53(b). The payor must provide ONRR with a copy of that written
permission. Id.
(4) Processing Refund Requests: FORGMA authorizes a Federal oil and
gas lessee to request a refund for an overpayment in certain
situations. See 30 U.S.C. 1721a(b). FOGRMA requires the lessee to
supply information to support its refund request. Id. Additionally,
ONRR collects banking information from the refund recipient in order to
disburse the overpaid amount to the correct account if a refund is
warranted.
Title: Collection of Monies Due the Federal Government; and
Processing Refund Requests Related to Overpayments Made to ONRR.
OMB Control Number: 1012-0008.
Bureau Form Number: Form ONRR-4425.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: Federal and Indian lessees.
Total Estimated Number of Annual Respondents: 170.
Total Estimated Number of Annual Responses: 170.
Total Estimated Number of Annual Burden Hours: 93.75 hours.
Respondent's Obligation: Mandatory.
Frequency of Collection: On occasion.
Total Estimated Annual Non-hour Burden Cost: We have identified no
``non-hour cost'' burden associated with this collection of
information.
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 PRA.
Howard Cantor,
Director, Office of Natural Resources Revenue.
[FR Doc. 2023-26433 Filed 11-30-23; 8:45 am]
BILLING CODE 4335-30-P
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</html>Indexed from Federal Register on December 1, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.