[Federal Register Volume 66, Number 170 (Friday, August 31, 2001)]
[Notices]
[Pages 46023-46025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22076]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Agency Information Collection Activities: Submitted for Office of 
Management and Budget (OMB) Review; Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of a revision of a currently approved information 
collection (OMB Control Number 1010-0074).

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SUMMARY: To comply with the Paperwork Reduction Act (PRA) of 1995, we 
are submitting to OMB for review and approval an information collection 
request (ICR), titled ``Coal Washing and Transportation Allowances'' 
(Forms MMS-4292 and MMS-4293). We are also soliciting comments from the 
public on this ICR.

DATES: Submit written comments on or before October 1, 2001.

ADDRESSES: Submit written comments directly to the Office of 
Information and Regulatory Affairs, OMB, Attention: Desk Officer for 
the Department of the Interior (OMB Control Number 1010-0074), 725 17th 
Street, NW., Washington, DC 20503. Also, submit copies of your written 
comments to Carol Shelby, Regulatory Specialist, Minerals Management 
Service, MS 320B2, P.O. Box 25165, Denver, Colorado 80225. If you use 
an overnight courier service, MMS's courier address is Building 85, 
Room A-614, Denver Federal Center, Denver, Colorado 80225. You may also 
submit your comments at our email address [email protected]. Include 
the title of the information collection and the OMB control number in 
the ``Attention'' line of your comment. Also include your name and 
return address. Submit electronic comments as an ASCII file avoiding 
the use of special characters and any form of encryption. If you do not 
receive a confirmation that we have received your email, contact Ms. 
Shelby at (303) 231-3151 or FAX (303) 231-3385.

FOR FURTHER INFORMATION CONTACT: Carol Shelby, Regulatory Specialist, 
telephone (303) 231-3151, FAX (303) 231-3385, email 
[email protected].

SUPPLEMENTARY INFORMATION:
    Title: Coal Washing and Transportation Allowances.
    OMB Control Number: 1010-0074.
    Bureau Form Number: Forms MMS-4292 and MMS-4293.
    Abstract: The Department of the Interior (DOI) is responsible for 
matters relevant to mineral resource development on Federal and Indian 
Lands and the Outer Continental Shelf (OCS). The Secretary of the 
Interior (Secretary) is responsible for managing the production of 
minerals from Federal and Indian lands and the OCS; for collecting 
royalties from lessees who produce minerals; and for distributing the 
funds collected in accordance with applicable laws. The Secretary also 
has an Indian trust responsibility to manage Indian lands and seek 
advice and information from Indian beneficiaries. MMS performs the 
royalty management functions for the Secretary.
    When a company or an individual enters into a lease to explore, 
develop, produce, and dispose of coal from Indian lands, that company 
or individual agrees to pay the Indian tribe or allottee a share 
(royalty) of the value received from production from the leased lands. 
Royalty rates are specified in the lease instrument. To determine 
whether the amount of royalty tendered represents the proper royalty 
due, it is first necessary to establish the proper value of the coal 
that is being sold or otherwise disposed of in some other manner, as 
well as the proper costs associated with allowable deductions.
    The lease creates a business relationship between the lessor and 
the lessee. The lessee is required to report various kinds of 
information to the lessor relative to the disposition of the leased 
minerals. Such information is similar to data that is reported to 
private and public mineral interest owners and are generally available 
within the records of the lessee or others involved in developing, 
transporting, processing, purchasing, or selling of such minerals. The 
information collected includes data necessary to assure that the 
royalties that are computed and paid are appropriate.
    The product valuation and allowance determination process is 
essential to assure that Indians receive payment on the proper value of 
the minerals removed from tribal and allottee land. To determine 
whether the amount of royalty tendered represents the proper royalty 
due, it is necessary to establish the proper value of the coal sold, or 
otherwise disposed of. Of equal importance is the proper determination 
of costs associated with the allowable deductions from the value of 
coal.
    Under certain circumstances, a lessee may be authorized to deduct 
certain costs in the calculation of royalties due. An allowance may be 
granted from royalties to compensate the lessee for the reasonable 
actual cost of washing the royalty portion of the coal. Also, when the 
sales point is not in the immediate vicinity of a lease or mine area, 
an allowance may be granted to compensate the lessee for the reasonable 
actual cost of transporting the royalty portion of the coal to a sales 
point not on the lease or mine area. We have developed forms for 
industry use when reporting or applying for a coal washing or 
transportation allowance.
    Submission of the information in this collection (Forms MMS-4292 
and MMS-4293) is necessary when claiming a coal washing or 
transportation allowance on an Indian lease. MMS is requesting OMB 
approval for minor revisions necessary to make Forms MMS-4292 and MMS-
4293 compatible with our reengineered financial and compliance systems. 
Proprietary information that is submitted is protected, and there are 
no questions of a sensitive nature included in this information 
collection.
    Frequency: Annually.
    Estimated Number and Description of Respondents: 1 Indian lessee.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 4 
hours. In estimating the burden, we assumed that respondents perform 
certain functions, such as records maintenance, in the normal course of 
their business activities. These functions are considered usual and 
customary and

[[Page 46024]]

therefore are not listed in the following estimate even though records 
maintenance is an MMS regulatory requirement. The following chart lists 
the components of the burden estimate.

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                                                                                   Burden     Annual     Annual
               Citation                          Reporting requirement            hour per  number of    burden
                                                                                  response  responses     hour
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Sec.  206.458 (a)(1), (b)(1),           Arm's-length contracts. However, before          2          1          2
 (c)(1)(i) & (iii), (c)(2)(i) & (iii).   any deduction may be taken, the lessee
                                         must submit a completed page one of
                                         Form MMS-4292, Coal Washing Allowance
                                         Report * * * Non-arm's-length or no
                                         contract. However, before any
                                         estimated or actual deduction may be
                                         taken, the lessee must submit a
                                         completed Form MMS-4292 * * * Arm's-
                                         length contracts. * * * the lessee
                                         shall submit page one of the initial
                                         Form MMS-4292 prior to, or at the same
                                         time, as the washing allowance
                                         determined pursuant to an arm's-length
                                         contract is reported on Form MMS-2014,
                                         Report of Sales and Royalty Remittance
                                         * * * After the initial reporting
                                         period and for succeeding reporting
                                         periods, lessees must submit page one
                                         of Form MMS-4292 * * * Non-arm's-
                                         length or no contract. * * * the
                                         lessee shall submit an initial Form
                                         MMS-4292 prior to, or at the same time
                                         as, the washing allowance determined
                                         pursuant to a non-arm's-length
                                         contract or no contract situation is
                                         reported on Form MMS-2014, Report of
                                         Sales and Royalty Remittance * * * For
                                         calendar-year reporting periods
                                         succeeding the initial reporting
                                         period, the lessee shall submit a
                                         completed Form MMS-4292 containing the
                                         actual costs for the previous
                                         reporting period. If coal washing is
                                         continuing, the lessee shall include
                                         on Form MMS-4292 its estimated costs
                                         for the next calendar year.
Sec.  206.461 (a)(1), (b)(1),           Arm's-Sales contracts. However, before           2          1          2
 (c)(1)(i) & (iii), (c)(2)(i) & (iii).   any deduction may be taken, the lessee
                                         must submit a completed page one of
                                         Form MMS-4293, Coal Transportation
                                         Allowance Report * * * Non-arm's-
                                         length or no contract. However, before
                                         any estimated or actual deduction may
                                         be taken, the lessee must submit a
                                         completed Form MMS-4293 * * * Arm's-
                                         length contracts. * * * the lessee
                                         shall submit page one of the initial
                                         Form MMS-4293 prior to, or at the same
                                         time as, the transportation allowance
                                         determined pursuant to an arm's-length
                                         contract is reported on Form MMS-2014,
                                         Reports of Sales and Royalty
                                         Remittance * * * After the initial
                                         reporting period and for succeeding
                                         reporting periods, lessees must submit
                                         page one of Form MMS-4293 * * * Non-
                                         arm's-length or no contract. * * * the
                                         lessee shall submit an initial Form
                                         MMS-4293 prior to, or at the same time
                                         as, the transportation allowance
                                         determined pursuant to a non-arm's-
                                         length contract or no contract
                                         situation is reported on Form MMS-
                                         2014, Report of Sales and Royalty
                                         Remittance * * * For calendar-year
                                         reporting periods succeeding the
                                         initial reporting period, the lessee
                                         shall submit a completed Form MMS-4293
                                         containing the actual costs for the
                                         previous reporting period.
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    Total.............................    .....................................          4          2          4
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    Estimated Annual Reporting and Recordkeeping ``Non-hour Cost'' 
Burden: We have identified no ``non-hour cost'' burden.
    Comments: The PRA (44 U.S.C. 3501, et seq.) provides that 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. Before submitting an ICR to OMB, PRA section 
3506(c)(2)(A), requires each agency ``* * * to provide notice * * * and 
otherwise consult with members of the public and affected agencies 
concerning each proposed collection of information * * *'' Agencies 
must specifically solicit comments to (a) evaluate whether the proposed 
collection of information is necessary for the agency to perform its 
duties, including whether the information is useful; (b) evaluate the 
accuracy of the agency's estimate of the burden of the proposed 
collection of information; (c) enhance the quality, usefulness, and 
clarity of the information to be collected; and (d) minimize the burden 
on the respondents, including the use of automated collection 
techniques or other forms of information technology.
    To comply with public consultation requirements, on November 9, 
2000, we published a Federal Register notice (65 FR 67399) announcing 
that we would submit this ICR to OMB for approval. The notice provided 
the required 60-day comment period. We did not receive any comments. We 
have posted a copy of the ICR at our Internet web site http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm. We will also provide 
a copy of the ICR to you without charge upon request.
    If you wish to comment in response to this notice, send your 
comments directly to the offices listed under the ADDRESSES section of 
this notice. OMB has up to 60 days to approve or disapprove the 
information collection but may respond after 30 days. Therefore, to 
ensure maximum consideration, OMB should receive your comments by 
October 1, 2001. The PRA provides that 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.
    Public Comment Policy: We will post all comments received in 
response to this notice on our Internet web site at http://www.mrm.mms.gov/Laws_R_D/InfoColl/InfoColCom.htm for public review. We 
also make copies of these comments, including names and home addresses 
of respondents, available for public review during regular business 
hours at our offices in Lakewood, Colorado.

[[Page 46025]]

    Individual respondents may request that we withhold their home 
address from the record, which we will honor to the extent allowable by 
law. There may be circumstances in which we would withhold from the 
record a respondent's identity, as allowable by the law. If you wish us 
to withhold your name and/or address, you must state this prominently 
at the beginning of your comments. However, we will not consider 
anonymous comments. We will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety.
    MMS Information Collection Clearance Officer: Jo Ann Lauterbach, 
telephone (202) 208-7744.

    Dated: August 9, 2001.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 01-22076 Filed 8-30-01; 8:45 am]
BILLING CODE 4310-MR-W