[Federal Register Volume 64, Number 181 (Monday, September 20, 1999)]
[Rules and Regulations]
[Pages 50753-50754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24389]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Part 290
RIN 1010-AC21
Appeal Procedures; Correction
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Correcting amendments.
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SUMMARY: MMS is correcting an amendment to rules governing the appeal
of Royalty Management Program and Delegated States Orders. This
correction results from a technical error made in a recent final rule.
EFFECTIVE DATE: Effective on May 13, 1999.
FOR FURTHER INFORMATION CONTACT: David S. Guzy, Chief, Rules and
Publications Staff, telephone (303) 231-3432, FAX (303) 231-3385, e-
Mail David.G[email protected].
SUPPLEMENTARY INFORMATION:
Background
MMS is making corrections to a final rule published in the Federal
Register on May 13, 1999 (64 FR 26240). The final rule, effective May
13, 1999, amended among other things, 30 CFR part 290, Subpart B--
Appeals of Royalty Management Program and Delegated States Orders.
Subpart B applies to all Federal and Indian mineral leases onshore and
on the Outer Continental Shelf regardless of the statutory authority
under which the lease was issued or maintained. This correction adds
two sections to 30 CFR part 290, subpart B. Before May 13, 1999, these
sections were found in 30 CFR 243.3 Exhaustion of administrative
remedies, and in 30 CFR 243.4 Service of official correspondence. These
sections were inadvertently omitted from the May 13, 1999, final rule.
Amendments to these sections were proposed in the Federal Register
on January 12, 1999 (64 FR 1986), under part 242, subpart D--Appeals
and Service, sections 242.302 through 242.305. However, we are not
adopting those amendments at this time. Rather, we simply are replacing
former sections 30 CFR 243.3 and 243.4 with minor modifications to
reflect changes in the final rule published May 13, 1999, and other
changes to conform to the plain language of part 290.
Need for Correction
As published, the final regulations in 30 CFR part 290, subpart B,
inadvertently omitted the provisions regarding exhaustion of
administrative remedies and service of official correspondence. Without
these provisions, it is unclear where recipients of orders should seek
resolution to royalty disputes and how those orders must be served.
Therefore, because this was an administrative error, MMS determines
under 5 U.S.C. 553(b) that notice and comment are unnecessary and
contrary to public interest. Thus, good cause exists to issue this
final rule. MMS also determines for the same reasons to make this rule
effective immediately. Further, to avoid any gap in coverage, we are
adding those provisions in this correction, effective retroactively to
the date of the final rule, i.e., May 13, 1999.
Although we received public comments on sections 242.302 through
242.305 of the proposed rule, we are not addressing those comments at
this time because we are not finalizing those sections of the proposed
rule in this correction. We will address those comments at the same
time we address all the remaining matters from the January 12, 1999,
proposed rule.
List of Subjects in 30 CFR Part 290
Administrative practice and procedure.
Dated: September 10, 1999.
Sylvia V. Baca,
Acting Assistant Secretary--Land and Minerals Management.
Accordingly, 30 CFR part 290, subpart B, is corrected by making the
following correcting amendments:
PART 290--APPEALS PROCEDURES
1. The authority citation for part 290 remains as follows:
Authority: 5 U.S.C. 301 et seq.; 43 U.S.C. 1331 et seq.
2. Add Secs. 290.110 and 290.111 to Subpart B--Appeals of Royalty
Management Program and Delegated State Orders to read as follows:
* * * * *
Sec. 290.110 How do I exhaust administrative remedies?
(a) To exhaust administrative remedies, you must appeal an MMS
Royalty Management Program (RMP) or delegated State order:
(1) To the MMS Director (or the Deputy Commissioner of Indian
Affairs when Indian lands are involved); and
(2) Subsequently to the Interior Board of Land Appeals under 30 CFR
part 290, subpart B, and 43 CFR part 4.
(b) This section does not apply if an order was made effective by:
(1) The Director;
(2) The Assistant Secretary for Land and Minerals Management;
(3) The Assistant Secretary for Indian Affairs; or
(4) The Interior Board of Land Appeals under 43 CFR part 4.
Sec. 290.111 How will MMS and delegated States serve official
correspondence?
(a) Method of service. The Royalty Management Program (RMP) or a
delegated State will serve official correspondence by sending the
document by certified or registered mail, return receipt requested, to
the addressee of record established in paragraph (b) of this section.
Instead of certified or registered mail, RMP or a delegated State may
deliver the document personally to the addressee of record and obtain a
signature acknowledging the addressee's receipt of the document.
Official correspondence includes all orders that are appealable under
this subpart.
(b) Addressee of record. (1) The addressee of record for
administrative correspondence for refiners participating in the
Government's Royalty-in-Kind (RIK) Program is the position title,
department name and address, or individual name and address identified
in the executed royalty oil sale contract. The refiner/purchaser may
identify, in writing, a different position title, department name and
address, or individual name and address for billing purposes. The
refiner must notify MMS, in writing, of all addressee changes.
(2) The addressee of record for serving official correspondence on
anyone required to report energy and mineral resources removed from
Federal and Indian leases to the RMP Production Accounting and Auditing
System is the most recent position title, department name and address,
or individual name and address that RMP has in its records for the
reporter/payor. The reporter/payor is responsible for notifying RMP, in
writing, of any addressee changes.
(3) The addressee of record for serving official correspondence
concerning onshore Federal leases is the current lessee of record with
the Bureau of Land Management. For Indian leases, the addressee of
record is the current lessee of record with the Bureau of Indian
Affairs. For offshore leases, the addressee of record is the current
lessee
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of record with the MMS Offshore Minerals Management Program. The lessee
is responsible for notifying the appropriate Government office of any
addressee changes.
(4) The addressee of record for serving official correspondence in
connection with reviews and audits of payor records is the position
title, department name and address, or individual name and address
designated, in writing, by the company at the initiation of the audit,
or the most recent addressee that was specified, in writing, by the
payor.
(5) The addressee of record for serving official correspondence
relating to reporting on the ``Report of Sales and Royalty Remittance''
(Form MMS-2014) is the most recent position title, department name and
address, or individual name and address specified, in writing, by the
payor. The payor is responsible for notifying RMP, in writing, of any
addressee changes.
(6) The addressee of record for serving official correspondence in
connection with remittances pertaining to rental and bonuses from
nonproducing Federal leases is the most recent position title,
department name and address, or individual name and address maintained
in RMP records. The payor is responsible for notifying RMP, in writing,
of any addressee changes.
(7) The addressee of record for serving official correspondence
including orders, demands, invoices, or decisions, and other actions
identified with payors reporting to the RMP Auditing and Financial
System not identified above is the position title, department name and
address or individual name and address for the payor identified on the
most recent Payor Confirmation Report (Report No. RPI140R1) of a Payor
Information Form (PIF) (Form MMS-4025 or Form MMS-4030) returned by RMP
to the payor for the Federal or Indian lease (see 30 CFR 210.51 and
210.201).
(8) If correspondence applies to more than one category identified
in paragraphs (b)(1) through (7) of this section, MMS may serve the
official correspondence in accordance with the requirements of any one
paragraph.
(c) Dates of service. Except as provided in paragraph (d) of this
section, MMS considers official correspondence as served on the date
that it is received at the address of record established under
paragraph (b) of this section. A receipt signed by any person at that
address is evidence of service. If official correspondence is served
both personally and by registered or certified mail, the date of
service is the earlier of the two dates, if they are different.
(d) Constructive service. (1) If delivery cannot be made after
reasonable effort at the address of record established under paragraph
(b) of this section, MMS deems official correspondence as
constructively served 7 days after the date that the document is
mailed.
(2) This provision covers such situations as nondelivery because
the addressee has moved without filing a forwarding address, the
forwarding order had expired, delivery was expressly refused, or the
document was unclaimed where the attempt to deliver is substantiated by
U.S. Postal Service authorities.
[FR Doc. 99-24389 Filed 9-17-99; 8:45 am]
BILLING CODE 4310-MR-P