Notice2026-07750
Agency Information Collection Activities; Suspensions Pending Appeal and Bonding
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
April 21, 2026
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. Through this Information Collection Request renewal (ICR), ONRR seeks renewed authority to collect information related to the paperwork requirements necessary to post a surety or bond or demonstrate financial solvency.
Full Text
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<title>Federal Register, Volume 91 Issue 76 (Tuesday, April 21, 2026)</title>
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[Federal Register Volume 91, Number 76 (Tuesday, April 21, 2026)]
[Notices]
[Pages 21308-21310]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07750]
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DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR-2011-0008; OMB Control Number 1012-0006; DS63636400
DRT000000.CH7000 267D1113RT]
Agency Information Collection Activities; Suspensions Pending
Appeal and Bonding
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. Through this
Information Collection Request renewal (ICR), ONRR seeks renewed
authority to collect information related to the paperwork requirements
necessary to post a surety or bond or demonstrate financial solvency.
DATES: Your written comments must be received on or before May 21,
2026.
ADDRESSES: All comment submissions must (1) reference ``Office of
Management and Budget (OMB) Control Number 1012-0006'' 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 methods:
<bullet> Electronically via the Federal eRulemaking Portal: Please
visit <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Enter the Docket ID Number for this
ICR renewal (``ONRR-2011-0008'') and click ``Search'' to view the
publications associated with the docket folder. Locate the document
with an open comment period and click the ``Comment'' button. Follow
the prompts to submit your comment prior to the close of the comment
period.
<bullet> Email Submissions: Please submit your comments to
<a href="/cdn-cgi/l/email-protection#c58a8b97979ab7a0a2b0a9a4b1acaaabb6a8a4aca9a7aabd85aaabb7b7eba2aab3"><span class="__cf_email__" data-cfemail="2a6564787875584f4d5f464b5e43454459474b43464845526a45445858044d455c">[email protected]</span></a> with the OMB Control Number (``OMB
Control No. 1012-0006'') listed in the subject line of your email.
Email submissions must be postmarked on or before 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-2011-0008'' 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 ``1012-0006'' 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: Jessica Polacek, Financial Services,
ONRR, by telephone at (303) 231-3070 or email to
<a href="/cdn-cgi/l/email-protection#c58fa0b6b6aca6a4eb95aaa9a4a6a0ae85aaabb7b7eba2aab3"><span class="__cf_email__" data-cfemail="da90bfa9a9b3b9bbf48ab5b6bbb9bfb19ab5b4a8a8f4bdb5ac">[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.
[[Page 21309]]
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.
ONRR published a 60-day notice on September 18, 2023 (88 FR 63973)
to renew this ICR and expand the covered information collections to
Osage lands. In the 60-day notice, ONRR included content from the
Bureau of Indian Affairs (BIA) proposed rule ``Mining of the Osage
Mineral Estate for Oil and Gas,'' published on January 13, 2023 (88 FR
2430). The proposed rule would set forth an appeals process for a
lessee of the Osage Mineral Estate, which was previously accounted for
in the 60-day notice for this ICR renewal. However, the BIA did not
publish a final rule. ONRR is therefore publishing this 30-day notice
without Osage content to ensure a timely renewal of the existing
collections. Accordingly, this 30-day notice seeks authority to collect
information related to the paperwork requirements at 30 CFR part 1243
to post a surety or bond or demonstrate financial solvency.
ONRR did not receive any comments in response to the Federal
Register 60-day notice available at <a href="http://www.regulations.gov">www.regulations.gov</a>. ONRR reached
out to less than ten members of industry soliciting comments and
received no responses.
Comments that you submit in response to this 30-day 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.
(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 (December 9, 2020).
For Federal lands only, Section 4(l), ``Stay of Payment Obligation
Pending Review,'' of the Federal Oil and Gas Royalty Simplification and
Fairness Act of 1996 (RSFA) requires ONRR to evaluate any person,
ordered by the Secretary or a delegated State to pay any obligation
(other than an assessment) subject to RSFA, to determine whether that
person is entitled to a stay of the order without bond or other surety
instrument, pending an administrative or judicial proceeding, based on
the financial solvency of that person.
ONRR regulations at 30 CFR part 1243 govern the suspension of
orders or decisions pending administrative appeal for Federal and
Indian leases. For Federal leases, these regulations allow an appellant
to submit information demonstrating financial solvency in lieu of
providing a surety. For appellants who are not financially solvent or
for appeals involving Indian leases, ONRR requires appellants to post a
surety instrument to secure the financial interest of the public and
Indian lessors during the entire administrative or judicial appeal
process.
(b) Information Collections: Regulations at 30 CFR part 1243 govern
the submission of appropriate surety instruments to suspend compliance
with an order or decision, and to stay the accrual of civil penalties
(if the Office of Hearings and Appeals grants a lessee's petition to
stay accrual of civil penalties) pending administrative appeal for
Federal and Indian leases. For Federal oil and gas leases, pursuant to
30 U.S.C. 1724(l) and its implementing regulations at 30 CFR part 1243,
an appellant requesting a suspension without providing a surety must
submit information to demonstrate financial solvency. This ICR covers
the burden hours associated with submitting financial statements and
surety instruments required to stay an ONRR order, decision, or accrual
of civil penalties as follows:
(1) Stay of Payment Pending Appeal: 30 CFR 1243.1 states that
lessees or recipients of ONRR orders may suspend compliance with an
order if they appeal at 30 CFR part 1290. Pending appeal, ONRR may
suspend the payment requirement if the appellant submits a formal
agreement of payment in the case of default, such as a bond or other
surety. For Federal oil and gas leases, the appellant may alternatively
demonstrate financial solvency. If the Office of Hearings and Appeals
grants a recipient of a notice of noncompliance or civil penalty
notice's request to stay the accrual of civil penalties at 30 CFR
1241.55(b)(2) and 1241.63(b)(2), the recipient must post a bond or
other surety. For Federal oil and gas leases, the appellant may
alternatively demonstrate financial solvency.
ONRR accepts the following surety types:
(i) Form ONRR-4435, Administrative Appeal Bond;
(ii) Form ONRR-4436, Letter of Credit;
(iii) Form ONRR-4437, Assignment of Certificate of Deposit;
(iv) Self-bonding (Federal leases only); and
(v) U.S. Treasury Securities.
When an appellant selects one of the surety types and puts it in
place, the appellant must maintain the surety until the appeal's
resolution. If the appeal is decided in favor of the appellant, ONRR
will return the surety to the appellant. If the appeal is decided in
favor of ONRR, then ONRR will take action to collect the total amount
due or draw down on the surety. ONRR will draw down on a surety if the
appellant fails to comply with requirements relating to
[[Page 21310]]
the amount due, timeframe, or surety submission or resubmission.
Whenever ONRR draws down on a surety, it reduces the total amount due,
which is defined as the unpaid principal plus the interest accrued to
the projected receipt date of the surety payment. Appellants may refer
to the Surety Instrument Posting Instructions, available on our website
at <a href="https://onrr.gov/references/forms?tabs=appeal-surety">https://onrr.gov/references/forms?tabs=appeal-surety</a>.
(2) Forms and Other Surety Types:
A. Form ONRR-4435, Administrative Appeal Bond: An appellant may
file form ONRR-4435, Administrative Appeal Bond, which ONRR uses to
secure the financial interests of the public and Indian lessors during
the entire administrative and judicial appeal processes. Under 30 CFR
1243.4, an appellant is required to submit its contact and surety
amount information on the bond to obtain the benefit of suspension of
an obligation to comply with an order. The bond must be issued by a
qualified surety company that the U.S. Department of the Treasury
approves. See Department of the Treasury Circular No. 570, revised
periodically in the Federal Register. ONRR's Director, or the delegated
bond-approving officer, maintains the bonds in a secure facility. After
an appeal's conclusion, ONRR may release and return the bond to the
appellant or collect payment on the bond. If collection is necessary
for a remaining balance, ONRR will issue a demand for payment to the
surety company with a notice to the appellant. ONRR will also include
all interest accrued on the affected receivable.
B. Form ONRR-4436, Letter of Credit: An appellant may choose to
file form ONRR-4436, Letter of Credit, with no modifications.
Requirements at 30 CFR 1243.4 continue to apply. ONRR's Director, or
the delegated bond-approving officer, maintains the Letter of Credit
(LOC) in a secure facility. The appellant is responsible for verifying
that the bank provides a current Fitch rating to ONRR. After the
appeal's resolution, ONRR may release and return the LOC to the
appellant or collect payment on the LOC. If collection is necessary for
a remaining balance, ONRR will issue a demand for payment that includes
the principal amount plus the interest assessed on the receivable, to
the bank with a notice to the appellant.
C. Form ONRR-4437, Assignment of Certificate of Deposit: An
appellant may choose to secure a debt by requesting to use a
Certificate of Deposit (CD) from a bank with the required minimum
rating and submitting form ONRR-4437, Assignment of Certificate of
Deposit. Requirements at 30 CFR 1243.4 continue to apply. The appellant
must file the request with ONRR prior to the invoice due date. ONRR
will accept a book-entry CD that explicitly assigns the CD to ONRR's
Director. If collection of the CD is necessary for an unpaid balance,
ONRR will return unused CD funds to the appellant after total
settlement of the appealed issues, including applicable interest
charges.
D. Self-bonding (Federal leases only, not applicable to Indian
leases): For Federal oil and gas leases, regulations at 30 CFR 1243.201
provide that no surety instrument is required when a person
representing the appellant periodically demonstrates, to the
satisfaction of ONRR, that the guarantor or appellant is financially
solvent or otherwise able to pay the obligation. The appellant must
submit a written request to ``self-bond'' every time a new appeal is
filed. To evaluate the financial solvency and exemption from
requirements of appellants to maintain a surety related to an appeal,
ONRR requires appellants to submit a consolidated balance sheet,
subject to annual audit. In some cases, ONRR also requires copies of
the most recent tax returns (up to three years) filed by the appellant.
In addition, an appellant must annually submit financial
statements, subject to audit, to support its net worth. ONRR uses the
consolidated balance sheet or business information supplied to evaluate
the financial solvency of a lessee, designee, or payor seeking a stay
of payment obligation pending review. If the appellant does not have a
consolidated balance sheet documenting its net worth, or if it does not
meet the $300 million net worth requirement, ONRR will select a
business information or credit reporting service to provide information
concerning the appellant's financial solvency. ONRR charges the
appellant a $56 fee each time it reviews data from a business
information or credit reporting service. The fee covers ONRR's cost to
determine an appellant's financial solvency.
E. U.S. Treasury Securities: An appellant may choose to secure its
debts by requesting to use a U.S. Treasury Security (TS). The appellant
must file the letter of request with ONRR prior to the invoice due
date. The TS must be a U.S. Treasury note or bond with maturity equal
to or greater than one year. The TS must equal 120 percent of the
appealed amount plus one year of estimated interest (necessary to
protect ONRR against interest rate fluctuations). ONRR only accepts
book-entry TS.
Title of Collection: Suspensions Pending Appeal and Bonding.
OMB Control Number: 1012-0006.
Form Number: Forms ONRR-4435, ONRR-4436, and ONRR-4437.
Type of Review: Extension of a currently approved collection.
Respondents/Affected Public: Businesses.
Total Estimated Number of Annual Respondents: 275 Federal or Indian
appellants.
Total Estimated Number of Annual Responses: 110.
Estimated Completion Time per Response: 2 hours.
Total Estimated Number of Annual Burden Hours: 220.
Respondent's Obligation: Mandatory.
Frequency of Collection: Annual and on occasion.
Total Estimated Annual Nonhour Burden Cost: There are no additional
recordkeeping costs associated with this information collection.
However, ONRR estimates three appellants per year will pay a $56 fee to
obtain credit data from a business information or credit reporting
service, which is a total ``non-hour'' cost burden of $168 per year (3
appellants per year x $56 = $168).
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.).
April Lockler,
Acting Director of the Office of Natural Resources Revenue.
[FR Doc. 2026-07750 Filed 4-20-26; 8:45 am]
BILLING CODE 4335-30-P
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</html>Indexed from Federal Register on April 21, 2026.
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.