Notice2024-18278
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Application Requirements for States and Tribes To Apply for Orphaned Well Site Plugging, Remediation, and Restoration Funding Consideration, and Ongoing State and Tribal Reporting Requirements for Funding Recipients
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
August 15, 2024
Issuing agencies
Interior Department
Abstract
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Office of the Secretary of the Interior (Interior), through the Orphaned Wells Program Office (OWPO), proposes to revise an OMB- approved information collection.
Full Text
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<title>Federal Register, Volume 89 Issue 158 (Thursday, August 15, 2024)</title>
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[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Pages 66434-66440]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18278]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[220D2641EA; DS61800000; DEA100000.000000. DX61801; OMB Control Number
1093-0012]
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Application
Requirements for States and Tribes To Apply for Orphaned Well Site
Plugging, Remediation, and Restoration Funding Consideration, and
Ongoing State and Tribal Reporting Requirements for Funding Recipients
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 (PRA),
the Office of the Secretary of the Interior (Interior), through the
Orphaned Wells Program Office (OWPO), proposes to revise an OMB-
approved information collection.
DATES: Interested parties are invited to submit comments on or before
September 16, 2024.
ADDRESSES: Written comments for the proposed information collection
should be submitted to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. This
particular information collection can be found by selecting ``Currently
under Review--Open for Public Comments'' or by using the search
function. Please provide a copy of any submitted comments to Jeffrey
Parrillo, 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#8cc8c3c5a1dcdecdcce5e3ffa2e8e3e5a2ebe3fa"><span class="__cf_email__" data-cfemail="21656e680c71736061484e520f454e480f464e57">[email protected]</span></a>. Please reference ``OMB Control Number
1093-0012 Orphaned Wells Program Office'' in the subject line of any
comments.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this proposed information collection, please contact Ron Lev,
Management
[[Page 66435]]
and Program Analyst, OWPO, by email at <a href="/cdn-cgi/l/email-protection#bad5c8cad2dbd4dfdecddfd6d6c9fad3d5c994ded5d394ddd5cc"><span class="__cf_email__" data-cfemail="1f706d6f777e717a7b687a73736c5f76706c317b707631787069">[email protected]</span></a>, or by
phone at (771) 233-5722. 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. The information request can also be
viewed at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
SUPPLEMENTARY INFORMATION: In accordance with the PRA and 5 CFR
1320.10, Interior is again providing the general public and other
Federal agencies with an opportunity to comment on new, proposed,
revised, and continuing collections of information. This helps Interior
assess the impact of its information collection requirements and
minimize the public's reporting burden. It also helps the public
understand Interior's information collection requirements and provide
the requested data in the desired format.
1. Prior 60-Day Public Comment Period That Ran Through July 1, 2024
A Federal Register notice was published on May 2, 2024, which
solicited comments on this proposed information collection. See 89 FR
35849. Interested parties were invited to submit comments on or before
July 1, 2024. One Tribal Nation stated it did not have concerns with
the proposed information collection. A total of 13 other parties
jointly submitted comments, which are discussed immediately below.
2. Comments Submitted by the 13 Parties and Interior's Response
Public comments: The commenters recommended that the Consolidated
Workplan be expanded to request more information on States' definitions
of orphaned well, and processes for recouping remediation costs and
redeeming financial assurances. The commenters reasoned that this is
necessary because, for State and private lands, Interior did not
provide a standardized definition of the term orphaned well. The
commenters also stated that ``This absence of a standardized definition
has created opportunities for states--intentionally or otherwise--to
use federal grant funds to plug wells for which there is a solvent,
financially responsible party.''
Interior's Response: As part of their applications or technical
reports, States generally submit the information discussed by the
commenters. States are also required to maintain records that support
the contents of their applications, including showing the that the
actions are consistent with the State's submitted certifications
concerning the use of available financial assurance to cover plugging,
reclamation, and restoration costs. States are also required to
maintain records that demonstrate that the uses of awarded federal
funds are consistent with the BIL and other federal law and
authorities.
The term orphaned well is defined in Section 40601(a)(5) of the
BIL. For State or private lands, the statutory definition of orphaned
wells adopts the applicable definition under state law. Interior's
approach is consistent with the text of the BIL.
While Interior defers to State law as to what constitutes an
orphaned well, States that use awarded federal funds to plug non-
orphaned wells may be subject to negative consequences. Similarly,
States failing to use available financial assurance to cover the cost
of plugging, remediation, and/or reclamation may also be subject to
negative consequences.
Public comments: The commenters requested that Interior collect
additional information concerning costs of plugging wells, contracting
processes, qualifications of contractors, and the actual well plugging
practices.
Interior's Response: Interior receives relevant information
concerning State law and other authorities that concern well-plugging
practices. Interior requires that a State with established and
documented well plugging standards and regulations require their
contractors to meet those standards and regulations. For States that do
not have established well plugging standards, Interior requires that
the work meet or exceed the plugging standards in either 43 CFR
3172.12, for onshore wells, or 30 CFR part 250, for offshore wells.
Interior also monitors awarded funds, consistent with 2 CFR part 200
and other federal law and authorities, and samples wells to verify that
contractors adhered to the relevant plugging standards.
Interior intends to collect well plugging standards and procedures
and reward States for strengthening those standards and procedures.
Interior may also collect State program information that concerns
orphaned wells, including contracting procedures, the qualification of
contractors, and the costs of plugging, reclamation, and/or
restoration.
Public comments: For Plugging Standards RIG applications, the
commenters suggested that Interior collect additional information that
concerns State documentation of plug quality and integrity. Similarly,
for Program Standards RIG applications, the commenters suggested that
Interior collect additional information with respect to State financial
assurance requirements.
Interior's Response: Interior proposes to collect State
requirements for plug quality and integrity as part of its Plugging
Standards RIG program. Interior also proposes to collect information on
whether a State adopts full-cost well financial assurance requirements,
and information on whether a State's financial assurance requirements
account for field or area risks, technical risks, financial risks, and/
or aggregate risks associated with multiple-well assurance for Program
Standards RIGs.
Public comments: In addition to the information discussed in the
previous comments, the commenters suggest that Interior collect
information that concerns State plugging and idling triggers and
requirements of well transfers. The commenters also suggested
additional items for the two Scoresheets.
Interior's Response: In 2021, the Interstate Oil and Gas Compact
Commission (IOGCC) published Idle and Orphan Oil and Gas Wells: State
and Provincial Regulatory Strategies. The 2021 IOGCC report stated that
``the primary purpose of this report is to help states and provinces
evaluate their idle- and orphan-well programs and identify useful
regulatory tools and strategies from other jurisdictions.'' The 2021
IOGCC report updated a 2019 report, which the IOGCC stated ``served as
a useful reference in the development of federal legislation.''
On October 20, 2023, Request for Information to Inform the Orphaned
Wells Program Office's Development of Regulatory Improvement Grants
Under the Bipartisan Infrastructure Law was published in the Federal
Register (RFI). See 88 FR 72528. A total of 20 parties submitted
responses to the RFI, including the IOGCC, 13 states, 5 environmental
groups, and 1 anonymous party.
Interior utilized comments it received in response to the RFI, the
2021 IOGCC report, and other IOGCC reports to develop the two RIG
programs. Consequently, Interior considers the categories and
subcategories under which States are evaluated as part of the two
programs to be comprehensive.
Public comments: For the Consolidated Workplan, the 13 commenters
supported the remaining 22 items, which are not discussed above. The
commenters also supported the remaining 9 Plugging Standards RIG and
[[Page 66436]]
7 Program Standards RIG items that Interior proposes to collect.
Interior's Response: Interior appreciates the commenters' support
of Interior's efforts to develop and administer financial assistance
programs to create a legacy of environmental stewardship.
3. 30-Day Public Comment Period
As part of Interior's continuing effort to reduce paperwork and
respondent burdens, it is again soliciting comments from the public and
other federal agencies on the proposed information collection request
that is described below. Interior is 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 Interior'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 Interior 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 submitted in response to this notice are a matter of
public record. Before including any address, phone number, email
address, or other personal identifying information in a comment, a
commenter should be aware that the entire comment--including any
personal identifying information--may be made publicly available at any
time. While a commenter can request the withholding of personal
identifying information from public review, Interior cannot guarantee
that it will be able to do so.
Abstract: Infrastructure Investment and Jobs Act (Pub. L. 117-58)
(November 15, 2021), which is also known as the Bipartisan
Infrastructure Law (BIL), Section 40601, ``Orphaned well site plugging,
remediation, and restoration,'' amends Section 349 of the Energy Policy
Act of 2005 (42 U.S.C. 15907). Section 40601 designates Interior as the
key agency responsible for implementing grant and other financial
assistance programs for applicable government entities to fund
plugging, remediation, and reclamation of orphaned wells and well sites
located on lands covered by the BIL. The associated investments 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 awards to
State and Tribal governments under Assistance Listing (CFDA) program
15.018 Energy Community Revitalization Program (ECRP). With respect to
Tribal In Lieu of Grant Assistance, OWPO will coordinate with the
Bureau of Indian Affairs. The authority for the above assistance is the
Infrastructure Investment and Jobs Act, Division D, Title VI, Section
40601.
The types of assistance contained in Section 40601 are as follows:
1. Initial Grants to States
2. Formula Grants to States
3. Performance Grants to States, which includes:
<bullet> Regulatory Improvement Grants to States
<bullet> Matching Grants to States
4. Grants to Tribes and Tribal In Lieu of Grant Assistance
The BIL requires Interior to collect information necessary to
ensure that awarded grant and other funds authorized by this
legislation are used in accordance with the BIL, Office of Management
and Budget Guidance for Grants and Agreements (i.e., 2 CFR part 200)
and other applicable federal law and authorities. Interior anticipates
that information will be collected by the OWPO, which has and will
issue guidance concerning the above assistance programs. Interior seeks
OMB approval of the proposed information collection to manage and
monitor financial assistance applications and awards to ensure that
States and Tribes comply with the BIL, 2 CFR part 200, and other
applicable federal law and authorities.
Consolidated Workplan
Interior proposes to collect the following from all State and
Tribal grant applicants, unless noted otherwise, as part of each
entity's consolidated workplan:
(a) An applicant's process for determining a well has been
orphaned, including what efforts will be made to redeem financial
assurances or otherwise recoup remediation costs from any responsible
parties;
(b) A description of an applicant's plugging standards, including
the witnessing requirements (e.g., qualifications of witness,
documentation);
(c) An 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, an applicant's
description of its plans to develop and implement a prioritization
process;
(e) Details of how a State applicant will identify and address any
disproportionate burden of adverse human health or environmental
effects of orphaned wells on disadvantaged communities, low-income
communities, and Tribal and indigenous communities;
(f) How applicants will identify and incorporate into their work
plans health, safety, habitat, and environmental benefits of plugging,
remediating, or reclamation of orphaned wells (Proposed revision);
(g) 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;
(h) 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;
(i) 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;
(j) 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;
(k) Latitude/Longitude and all other data elements and associated
units of measure as indicated in State and Tribal data reporting
templates. See the Data Associated with Wells Plugged Using Federal BIL
Funds portion of this proposed information collection;
(l) How the applicant will use funding to locate currently
undocumented orphaned wells;
(m) Plans the applicant has to engage third parties in partnerships
around well plugging and site remediation, or
[[Page 66437]]
any existing similar partnerships the applicant currently belongs to;
(n) 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;
(o) 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;
(p) For State applicants, plans the State 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;
(q) Procedures the applicant will use to coordinate with federal,
State, or Tribal agencies to determine whether efficiencies may exist
by combining field survey, plugging, or surface remediation work across
lands covered by the BIL;
(r) 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;
(s) A work schedule covering the period of performance for the
grant;
(t) If applicable, a federally approved Indirect Cost Rate
Agreement or statement regarding applicant's intention to negotiate or
utilize the de minimis rate;
(u) How an applicant will assist Interior to ensure that activities
funded by the grant it applied for will comply with relevant federal
law and authorities, such as the Endangered Species Act of 1973, as
amended (ESA), and the National Historic Preservation Act, as amended
(NHPA) (Proposed revision);
(v) For Performance Grants, how a State applicant will place a
higher priority on the use of the federal funds to lower unemployment
in the State, including workforce development activities related to
orphaned well plugging, remediation, and reclamation (Proposed
revision); and
(w) For Performance Grants, how a State applicant will place a
higher priority on the use of the federal funds to improve economic
conditions in economically distressed areas of the State, provided that
the use of the funds is related to orphaned well plugging, remediation,
and reclamation (Proposed revision).
Regulatory Improvement Grants--State Applicants Only (Proposed
Revision)
Under Section 40601(c)(5)(E)(i), a Regulatory Improvement Grant
(RIG) may be awarded to an eligible State if either: (1) ``The State
has strengthened plugging standards and procedures designed to ensure
that wells located in the State are plugged in an effective manner that
protects groundwater and other natural resources, public health and
safety, and the environment'' (Plugging Standards RIG); or (2) ``The
State has made improvements to State programs designed to reduce future
orphaned well burdens, such as financial assurance reform, alternative
funding mechanisms for orphaned well programs, and reforms to programs
relating to well transfer or temporary abandonment'' (Program Standards
RIG). In addition to a consolidated workplan, and other information
required from RIG applicants that is discussed in this proposed
information collection, Interior proposes to collect the following from
applicants.
For Plugging Standards RIGs: Interior proposes to collect from
Plugging Standards RIG applicants information pertaining to their
statutes, regulations, policies, and procedures, which were implemented
during the 10-year period specified in the BIL, that demonstrate the
``State has strengthened plugging standards and procedures designed to
ensure that wells located in the State are plugged in an effective
manner that protects groundwater and other natural resources, public
health and safety, and the environment.'' The list, (a) through (j),
below, are examples of information Interior proposes to collect. In
determining whether a ``State has strengthened plugging standards and
procedures,'' Interior may request additional types of information.
(a) Drilling well construction, and the resulting actual or
anticipated positive effects, or documentation, that demonstrate the
State's intent to ensure that wells located in the State are plugged in
an effective manner that protects groundwater and other natural
resources, public health and safety, and the environment.
(b) Allowable well control equipment to manage actions of
perforating, cutting/pulling of casing, or retrieving seal assemblies,
and the resulting actual or anticipated positive effects, or
documentation, that demonstrate the State's intent to ensure that wells
located in the State are plugged in an effective manner that protects
groundwater and other natural resources, public health and safety, and
the environment.
(c) Allowable barrier types, and the resulting actual or
anticipated positive effects, or documentation, that demonstrate the
State's intent to ensure that wells located in the State are plugged in
an effective manner that protects groundwater and other natural
resources, public health and safety, and the environment.
(d) Allowable barrier placement locations, and the resulting actual
or anticipated positive effects, or documentation, that demonstrate the
State's intent to ensure that wells located in the State are plugged in
an effective manner that protects groundwater and other natural
resources, public health and safety, and the environment.
(e) Allowable barrier placement techniques, and the resulting
actual or anticipated positive effects, or documentation, that
demonstrate the State's intent to ensure that wells located in the
State are plugged in an effective manner that protects groundwater and
other natural resources, public health and safety, and the environment.
(f) Wellbore integrity and barrier verification, and the resulting
actual or anticipated positive effects, or documentation, that
demonstrate the State's intent to ensure that wells located in the
State are plugged in an effective manner that protects groundwater and
other natural resources, public health and safety, and the environment.
(g) Spacer medium between well barriers, and the resulting actual
or anticipated positive effects, or documentation, that demonstrate the
State's intent to ensure that wells located in the State are plugged in
an effective manner that protects groundwater and other natural
resources, public health and safety, and the environment.
(h) Wellbore capping requirements, and the resulting actual or
anticipated positive effects, or documentation, that demonstrate the
State's intent to ensure that wells located in the State are plugged in
an effective manner that protects groundwater and other natural
resources, public health and safety, and the environment.
(i) Plugging procedure approval requirements, plugging procedure
changes, plugging operations notification requirements, post-plugging
reporting requirements, alternative materials or methods, and the
resulting actual or anticipated positive effects of these changes, or
documentation, that demonstrate the State's intent to ensure that wells
located in the State are plugged in an effective manner that
[[Page 66438]]
protects groundwater and other natural resources, public health and
safety, and the environment.
(j) Internal inspection and oversight, and long-term monitoring of
plugged wells processes, and the resulting actual or anticipated
positive effects, or documentation, that demonstrate the State's intent
to ensure that wells located in the State are plugged in an effective
manner that protects groundwater and other natural resources, public
health and safety, and the environment.
For Program Standards RIGs: Interior proposes to collect from
Program Standards RIG applicants information pertaining to their
statutes, regulations, policies, and procedures, which were implemented
during the 10-year period specified in the BIL, that demonstrate the
``State has made improvements to State programs designed to reduce
future orphaned well burdens, such as financial assurance reform,
alternative funding mechanisms for orphaned well programs, and reforms
to programs relating to well transfer or temporary abandonment.'' The
list, (a) through (g), below, are examples of information Interior
proposes to collect. In determining whether a ``State has made
improvements to State programs designed to reduce future orphaned well
burdens,'' Interior may request additional types of information.
(a) Liable parties, scope of liability, and state access (e.g.,
non-operator liable parties, predecessor in interest liability, and
state targeting of liable parties through increased or enhanced
enforcement), and the resulting actual or anticipated positive effects,
or documentation, that demonstrate the State's intent to reduce future
orphaned well burdens.
(b) Transfers of interest (e.g., notice of transfer to state from
transferor and transferee, state assessment of transferor and/or
transferee, and transferor maintenance of assurance), and the resulting
actual or anticipated positive effects, or documentation, that
demonstrate the State's intent to reduce future orphaned well burdens.
(c) Financial Assurance (e.g., bonding adjusted for field, well, or
operator risks), and the resulting actual or anticipated positive
effects, or documentation, that demonstrate the State's intent to
reduce future orphaned well burdens, including considerations for idle,
marginal, and producing wells.
(d) Non-assurance State financial protections and plugging
incentives (e.g., fees, taxes, penalties (including increased or
enhanced enforcement), and incentives), and the resulting actual or
anticipated positive effects, or documentation, that demonstrate the
State's intent to reduce future orphaned well burdens, including
considerations for idle, marginal, and producing wells.
(e) Reporting and public notice of orphaned or potentially orphaned
wells (e.g., reporting mechanisms, for responsible parties, online
notice of aggregate financial assurance, and online notice of marginal,
orphaned, and all other wells by responsible party), and the resulting
actual or anticipated positive effects, or documentation, that
demonstrate the State's intent to reduce future orphaned well burdens,
including considerations for idle, marginal, and producing wells.
(f) Consideration for air, groundwater, and other natural
resources, as well as public safety and environmental justice (e.g.,
considerations for surface and groundwater or soil, including hazardous
materials or other contamination, special considerations for oil and
gas wells converted to water wells, and considerations for public
safety and environmental justice), and the resulting actual or
anticipated positive effects, or documentation, that demonstrate the
State's intent to reduce future orphaned well burdens, including
considerations for idle, marginal, and producing wells.
(g) Orphaned-wells-related internal and external workforce
development (e.g., State internal workforce enhancements, State
contracting process, and oversight of State vendors, including
certificate programs), and the resulting actual or anticipated positive
effects, or documentation, that demonstrate the State's intent to
reduce future orphaned well burdens.
For both Plugging Standards and Program Standards Applications: For
all Plugging Standards and Program Standards RIG applicants, Interior
also proposes to collect the following:
Scoring Template: A list of questions related to the specific type
of RIG they are applying for in a scoring template (e.g., ``Yes'' or
``No''). Applicants will also need to provide support for the scoring
template that they submit.
Interior will use the requested information to determine grant
eligibility, including eligible amount, and to ensure that program
objectives are being met, evaluate the applicant's readiness to
obligate grant funds, and evaluate the applicant's approach to execute
grant objectives and the grant-funded work that will be monitored by
Interior.
Grant Applications
Interior proposes to collect the following additional elements from
applicants:
<bullet> 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 Programs;
[cir] SF-424B, Assurances for Non-Construction Programs, or SF-
424D, Assurances for Construction Programs;
[cir] SF-428, Tangible Personal Property Report; and
[cir] SF-LLL, Disclosure of Lobbying Activities, when applicable.
<bullet> 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.
<bullet> Budget Narrative and/or Template: Applicants must provide
a narrative and/or template that describes and justifies, with
sufficient detail, the requested budget items and costs, and provides a
description of how the applicant determined its totals by cost category
in their application (Proposed revision).
<bullet> 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.
<bullet> Single Audit Reporting Statement: All U.S. governmental
entities and non-profit applicants must submit a statement regarding
their single audit reporting status.
<bullet> Conflict of Interest Disclosures: Applicants must notify
the Interior 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 Interior makes an award to the
entity.
<bullet> Certification Statement: State 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. State and Tribal Applicants may also
be required to submit other certifications for other grant programs,
consistent with guidance issued by the OWPO.
Tribal in Lieu of Grant Assistance Requests--Tribal Applicants Only
(Proposed Revision)
Tribes, in lieu of grant assistance, may request that Interior
administer and carry out plugging, remediation, and reclamation
activities related to eligible orphaned wells on behalf of the Tribe.
Interior proposes to collect the
[[Page 66439]]
following information to evaluate and administer such requests:
<bullet> A letter of request for assistance, from the Tribe,
bearing the signature of the authorized representative of the Tribe's
governing body;
<bullet> A description of activities (e.g., plugging and
abandonment, remediation, and/or reclamation) for which the Tribe is
requesting assistance;
<bullet> A brief description of the Tribe's territories, including
the number and locations of known orphan wells; and
<bullet> A summary of known supporting data or information,
including existing inventories and assessments and environmental
compliance documents.
Amendments
For many budget and program plan revisions, 2 CFR part 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.
Reporting/Recordkeeping Requirements
To ensure that activities funded by Section 40601 are consistent
with the BIL, 2 CFR part 200, and other federal law and authorities,
Interior proposes to collect the following information from all grant
and other funding recipients:
<bullet> Financial Reports: Recipients are required to submit all
financial reports on the Standard Form 425, Federal Financial Report.
Recipients must submit financial reports in accordance with 2 CFR part
200. The frequency of submission may vary but will typically be
annually or semi-annually. Interior, however, may require submission of
financial reports more frequently in certain circumstances, such as
where more frequent reporting is necessary for the effective monitoring
of the federal award or could significantly affect program outcomes
(Frequency is proposed revision).
<bullet> Performance Reports: Recipients must submit performance
reports in accordance with 2 CFR part 200. This information is
necessary for Interior to track accomplishments and performance-related
data. Interior uses these reports to ensure that the recipient is
accomplishing its work on schedule, and to identify any problems that
the recipient may be experiencing in accomplishing the work. While the
frequency of performance reporting may vary, recipients typically will
be required to submit their performance reports annually or semi-
annually. Interior, however, may require the submission of these
reports more frequently in certain circumstance, such as where more
frequent reporting is necessary for the effective monitoring of the
federal award or could significantly affect program outcomes (Frequency
is proposed revision). 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;
[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; and
[cir] Other information that Interior requires to track State and
Tribal accomplishments, collect performance-related data, identify and
risks and failure to achieve certain milestones, and is otherwise
necessary to ensure that the State's or Tribe's actions comply with the
relevant guidance issued by the OWPO (Proposed revision).
<bullet> Final 15-month Report for State Initial Grants: 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.
<bullet> Recordkeeping Requirements: Recipients must retain
financial records, supporting documents, statistical records, and all
other records pertinent to a federal award, per 2 CFR part 200
requirements.
<bullet> Data Associated with Wells Plugged Using Federal BIL
Funds: Recipients must periodically provide data, which upon Interior's
request, may include pictures, video, or other media, for any well
plugged with BIL funds. This may include data associated with
reclamation or restoration of land or infrastructure associated with a
well (Proposed revision).
Upon request, but no more frequently than annually, recipients must
submit requested information related to aggregate orphaned-well data
(e.g., the total number of documented orphaned wells located in a
State, and the rationale for why the orphaned well inventory has
increased or decreased during a certain time period). Interior will use
this information to evaluate the effectiveness of the programs funded
by the BIL.
<bullet> Information Concerning State or Tribal Unmet Needs: When
requested, States and Tribes must submit requested information related
to unmet needs for orphaned well plugging, the decommission or removal
of the associated infrastructure, and the restoration and reclamation
of the lands, surface water, ground water, or other natural resources
that are impacted or potentially impacted. States or Tribes may also be
required to provide information regarding employment and economically
distressed areas, or environmental justice (Proposed revision).
<bullet> Compliance with Environmental and Other Statutes:
Recipients must submit information to Interior to allow Interior to
ensure that federal BIL funds are utilized in a manner that is
consistent applicable federal law, such as the ESA and NHPA, and other
authorities and policy (Proposed revision).
<bullet> Change in RIG Eligibility (Scoring Template): During the
ten-year period that begins on the date of receipt of the grant funds,
each RIG recipient must periodically (e.g., annually) submit an updated
Scoring Template. This submission will allow Interior to ensure that
the State recipient is not required to reimburse Interior for all or a
portion of its RIG for ``failure to maintain protections,'' under
Section 40601(c)(5)(E)(iii). Recipients will also be required to submit
documentation that supports any changes between the submitted Scoring
Template and the one that was previously submitted (Proposed revision).
Interior also proposes to rename the information collection from
Application Requirement for States to Apply for Orphaned Well Site
Plugging, Remediation, and Restoration Grant Consideration to
Application Requirements for States and Tribes to Apply for Orphaned
Well Site Plugging, Remediation, and Restoration Funding Consideration,
and Ongoing State and Tribal Reporting Requirements for Funding
Recipients (Proposed revision).
Title of Collection: Application Requirements for States and Tribes
to Apply for Orphaned Well Site Plugging, Remediation, and Restoration
Funding Consideration, and Ongoing State and Tribal Reporting
Requirements for Funding Recipients.
OMB Control Number: 1093-0012.
[[Page 66440]]
Form Number: None.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: Up to 92 (27 State and 65 Tribal
governments).
Total Estimated Number of Annual Respondents: 524 (relating to 9
different activities).
Total Estimated Number of Annual Responses: 1,011 (relating to 9
different activities).
Estimated Completion Time per Annual Response: Varies from 1 to 40
hours, depending on activity.
Total Estimated Number of One-Time Respondents: 54 (relating to 2
different activities).
Total Estimated Number of One-time Responses: 108 (relating to 2
different activities).
Estimated Completion Time per One-time Response: Varies from 1 to
24 hours, depending on activity.
Total Estimated Number of Tribal In Lieu of Grant Respondents: 3.
Total Estimated Number of Tribal In Lieu of Grant Responses: 3.
Estimated Completion Time per One-time Response: 8 hours.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Non-hour Burden Cost: None.
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 and 5 CFR 1320.10.
Jeffrey Parrillo,
Departmental Information Collection Clearance Officer.
[FR Doc. 2024-18278 Filed 8-14-24; 8:45 am]
BILLING CODE 4334-63-P
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</html>Indexed from Federal Register on August 15, 2024.
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.