Notice2024-25421
Agency Information Collection Activities: Delegated and Cooperative Activities With States and Indian Tribes
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
November 1, 2024
Issuing agencies
Interior DepartmentNatural Resources Revenue Office
Abstract
In accordance with the Paperwork Reduction Act of 1995 ("PRA"), ONRR is proposing to renew an information collection. ONRR uses the information collected in this Information Collection Request ("ICR") to review and approve delegation proposals from States seeking to perform royalty management functions and prepare a cooperative agreement with a State or Indian tribe seeking to perform royalty audits.
Full Text
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<title>Federal Register, Volume 89 Issue 212 (Friday, November 1, 2024)</title>
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[Federal Register Volume 89, Number 212 (Friday, November 1, 2024)]
[Notices]
[Pages 87396-87398]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25421]
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DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR-2011-0025; DS63644000 DR2000000.CH7000 234D1113RT, OMB
Control Number 1012-0003]
Agency Information Collection Activities: Delegated and
Cooperative Activities With States and Indian Tribes
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
(``PRA''), ONRR is proposing to renew an information collection. ONRR
uses the information collected in this Information Collection Request
(``ICR'') to review and approve delegation proposals from States
seeking to perform royalty management functions and prepare a
cooperative agreement with a State or Indian tribe seeking to perform
royalty audits.
DATES: Interested persons are invited to submit comments on or before
December 2, 2024.
ADDRESSES: All comment submissions must (1) reference ``OMB Control
Number 1012-0003'' in the subject line; (2) be sent to ONRR before the
close of the comment period listed under DATES; and (3) be sent through
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-2011-0025'') and click ``search''
to view the publications associated with the docket folder. Locate the
document with an open 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-2011-0025'' 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: You may also view information collection review data
for this ICR, including past OMB approvals, at <a href="https://www.reginfo.gov/public/do/PRASearch">https://www.reginfo.gov/public/do/PRASearch</a>. Under the ``OMB Control
[[Page 87397]]
Number'' heading enter ``1012-0003'' 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, please contact Mr. Peter Hanley, Outreach, Coordination
and Verification, ONRR, by email to <a href="/cdn-cgi/l/email-protection#a3f3c6d7c6d18debc2cdcfc6dae3cccdd1d18dc4ccd5"><span class="__cf_email__" data-cfemail="5e0e3b2a3b2c70163f30323b271e31302c2c70393128">[email protected]</span></a> or by
telephone at (303) 231-3721.
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 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 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.
ONRR published a notice, with a 60-day public comment period
soliciting comment of this collection of information, in the Federal
Register on April 30, 2024 (89 FR 34266). ONRR received 1 comment from
the Navajo Nation regarding the published 60-day Federal Register
notice. The Navajo Nation encourages ONRR to apply President Biden's
December 6, 2023, Executive Order 14112 ``Reforming Federal Funding and
Support for Tribal Nations To Better Embrace Our Trust Responsibilities
and Promote the Next Era of Tribal Self-Determination'' [``Executive
Order'']. The Nation encourages ONRR to apply this Executive Order when
issuing any requests for information or comment to Tribes. The Navajo
Nation also suggested ONRR to coordinate with its Federal partners to
establish a Federal clearing house portal to which Tribes can submit
all Federal reports or requests for information.
ONRR's response is that to the greatest extent possible ONRR works
to minimize the amount of information and documentation that States and
Tribes must submit to maintain a cooperative agreement. The documents
that the Nation is required to submit to ONRR are included in the terms
of the cooperative agreement. ONRR's authority to enter and administer
cooperative agreements with States and Tribes on behalf of the
Secretary of the Interior arises under 30 U.S.C. 1732. ONRR strives to
limit the documents and information it requires for cooperative
agreements to only those that are necessary for it to carry out its
responsibilities. For the clearing house portal, ONRR does not have the
authority to establish a clearinghouse portal for all its Federal
partners but is open to working with those partners to find ways to
reduce burden.
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 us 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 Secretary of the United
States Department of the Interior (``Secretary'') is responsible for
mineral resource development on Federal and Indian lands and the Outer
Continental Shelf. Laws pertaining to Federal and Indian mineral leases
are posted at <a href="https://onrr.gov/references/statutes">https://onrr.gov/references/statutes</a>. Pursuant to the
Federal Oil and Gas Royalty Management Act of 1982 (``FOGRMA'') and
other laws, the Secretary's responsibilities include maintaining a
comprehensive inspection, collection, and fiscal and production
accounting and auditing system that: (1) accurately determines mineral
royalties, interest, and other payments owed, (2) collects and accounts
for such amounts in a timely manner, and (3) disburses the funds
collected. See 30 U.S.C. 1701 and 1711. ONRR performs these royalty and
revenue management responsibilities for the Secretary. See Secretarial
Order No. 3306.
Congress enacted FOGRMA, in part, ``to effectively utilize the
capabilities of the States and Indian Tribes in developing and
maintaining an efficient and effective Federal royalty management
system.'' 30 U.S.C. 1701(b)(5). Relevant to this ICR, FOGRMA provides
the Secretary with authority to: (1) review and approve delegation
proposals from States seeking to perform royalty management functions,
and (2) prepare a cooperative agreement with a State or Indian tribe
seeking to perform royalty audits. 30 U.S.C. 1732 and 1735. Under 30
U.S.C. 1735, the Secretary can delegate all or part of the authority
and responsibility to: ``(1) conduct inspections, audits, and
investigations; (2) receive and process production and financial
reports; (3) correct erroneous reporting data; (4) perform automated
verification; and (5) issue demands, subpoenas, and orders to perform
restructured accounting, for royalty management enforcement purposes .
. . to any State with respect to all Federal land within the State.''
30 U.S.C. 1735(a)(1)-(5).
Through cooperative agreements, pursuant to 30 U.S.C. 1732, oil or
gas royalty management information is shared, allowing a State or
Indian tribe to carry out certain inspection, auditing, investigation,
and limited enforcement activities in cooperation with the Secretary.
Several States and Indian tribes are working partners with ONRR and are
an integral part of the overall onshore and offshore compliance effort.
Through the Appropriations Act of 1992 (Pub. L. 102-154), codified at
30 U.S.C. 196, the Secretary's authority for oil and
[[Page 87398]]
gas leases was extended to other energy and mineral leases, including
coal, geothermal steam, and leases subject to 43 U.S.C. 1337(g) of the
Outer Continental Shelf Lands Act (``OCSLA'') as discussed further
below.
(b) Information Collections: This ICR covers the paperwork
requirements under 30 CFR parts 1227, 1228, and 1229. This collection
of information is necessary for States and Indian Tribes to conduct
audits and related investigations of Federal and Indian oil, gas, coal,
other solid minerals, and geothermal royalty revenues from Federal and
Tribal leased lands. ONRR uses the information collected to: (1) review
and approve delegation proposals from States seeking to perform royalty
management functions, and (2) prepare a cooperative agreement with a
State or Indian tribe seeking to perform royalty audits. The
requirements of 30 CFR parts 1227, 1228, and 1229 are:
(1) 30 CFR part 1227--Delegation to States. Part 1227 governs the
delegation of certain Federal royalty management functions to a State
under 30 U.S.C. 1735, for Federal oil and gas leases covering Federal
lands within the State. This part also governs the delegation of audit
and investigative functions to a State for Federal geothermal leases or
solid mineral leases covering Federal lands within the State (30 U.S.C.
196), or leases covering lands offshore of the State subject to section
8(g) of the OCSLA (43 U.S.C. 1337(g)). To be considered for such
delegation, a State must submit a written proposal to ONRR, which ONRR
must approve. Following the delegation process, 30 CFR part 1227
outlines State responsibilities, compensation, performance reviews, and
the process for terminating a delegation.
(2) 30 CFR part 1228--Cooperative Activities with States and Indian
Tribes. FOGRMA (30 U.S.C. 1732) authorizes the Secretary to enter into
a cooperative agreement with a State or Indian tribe to share oil and
gas royalty management information, and to carry out inspection, audit,
investigation, and enforcement activities on Federal and Indian lands.
The regulations at 30 CFR part 1228 implement this provision and set
forth the requirements and procedures for entering into a cooperative
agreement, the terms of such agreements, and subsequent
responsibilities that must be carried out under the cooperative
agreement. Through the Secretary's delegation of the authority
contained in 30 CFR 1228.5(a), a State or Indian tribe may enter into a
cooperative agreement with ONRR's Director to carry out audits and
related investigations of their respective leased lands. To enter into
a cooperative agreement, a State or Indian tribe must submit a written
proposal to ONRR. The proposal must outline the activities that the
State or Indian tribe will undertake and must present evidence that the
State or Indian tribe can meet the standards of the Secretary to
conduct these activities. The State or Indian tribe also must submit an
annual work plan and budget, as well as quarterly reimbursement
vouchers.
(3) 30 CFR part 1229--Delegation to States. Part 1229 governs
delegations to a State to conduct audits and related investigations for
Federal lands within the State, and for Indian lands for which the
State has received permission from the respective Indian tribes or
allottees to carry out audit activities delegated to the State under 30
U.S.C. 1735. 30 CFR 1229.4. Under 30 CFR part 1229 the State must
receive the Secretary's delegation of authority and submit annual audit
work plans detailing its audits and related investigations, annual
budgets, and quarterly reimbursement vouchers. The State also must
maintain records.
Title of Collection: 30 CFR parts 1227, 1228, and 1229, Delegated
and Cooperative Activities with States and Indian Tribes.
OMB Control Number: 1012-0003.
Bureau Form Number: None.
Type of Review: Extension of a currently approved collection.
Respondents/Affected Public: States and Indian tribes.
Total Estimated Number of Annual Respondents: 9 States and 6 Indian
Tribal respondents.
Total Estimated Number of Annual Responses: 210.
Estimated Completion Time per Response: 79.51 hours.
Total Estimated Number of Annual Burden Hours: 16,697 hours.
The average completion time is 79.51 hours per response. The
average completion time is calculated by dividing the estimated annual
burden hours (16,697) by the annual responses (210) to obtain the total
annual burden hours (79.51).
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: Annual.
Total Estimated Annual Non-Hour Burden Cost: ONRR 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 (44 U.S.C. 3501, et seq.).
Howard M. Cantor,
Director, Office of Natural Resources Revenue.
[FR Doc. 2024-25421 Filed 10-31-24; 8:45 am]
BILLING CODE 4335-30-P
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</html>Indexed from Federal Register on November 1, 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.