[Federal Register Volume 68, Number 86 (Monday, May 5, 2003)]
[Notices]
[Pages 23759-23761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11041]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


Agency Information Collection Activities: Proposed Collection, 
Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

[[Page 23760]]


ACTION: Notice of an extension of a currently approved information 
collection (OMB Control Number 1010-0087).

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SUMMARY: To comply with the Paperwork Reduction Act (PRA) of 1995, we 
are inviting comments on a collection of information that we will 
submit to the Office of Management and Budget (OMB) for review and 
approval. The information collection request (ICR) is titled ``30 CFR 
Part 228, Cooperative Activities with States and Indian Tribes.''

DATES: Submit written comments on or before July 7, 2003.

ADDRESSES: Submit written comments to Sharron L. Gebhardt, Regulatory 
Specialist, Minerals Management Service, Minerals Revenue Management, 
PO. Box 25165, MS 320B2, Denver, Colorado 80225. If you use an 
overnight courier service, our courier address is Building 85, Room A-
614, Denver Federal Center, Denver, Colorado 80225. You may also email 
your comments to us at [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 we have received your email, contact Ms. Gebhardt at (303) 
231-3211.

FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone (303) 
231-3211, FAX (303) 231-3385 or email [email protected].

SUPPLEMENTARY INFORMATION: Title: 30 CFR Part 228, Cooperative 
Activities with States and Indian Tribes.
    OMB Control Number: 1010-0087.
    Bureau Form Number: None.
    Abstract: The Secretary of the U.S. Department of the Interior 
(DOI) is responsible for collecting royalties from lessees who produce 
minerals from leased Federal and Indian lands. The Secretary is 
required by various laws to manage mineral resources production on 
Federal and Indian lands, collect the royalties due, and distribute the 
funds in accordance with those 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 and assists the Secretary in carrying out DOI's 
Indian trust responsibility.
    The Secretary of the Interior is authorized by Public Law 97-451, 
the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), 30 
U.S.C. 1732, and 30 U.S.C. 1701 et seq. to enter into cooperative 
agreements using the capabilities of States and tribes to carry out 
royalty audits and related investigation and enforcement activities. 
The Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 
(RSFA), Public Law 104-185, as corrected by Public Law 104-200, amended 
FOGRMA and essentially limited Part 228 to Indian tribes. As noted 
under Sec.  228.3, this part does not apply to Federal lands. Federal 
lands are audited by States under the provisions of Part 227, 
Delegation to States. Cooperative agreements benefit both MMS and 
Indian tribes by helping to ensure proper product valuation, correct 
and timely production reporting, and correct and timely royalty payment 
through the application of an aggressive and comprehensive audit 
program. To be considered for a cooperative agreement, Indian tribes 
must comply with the regulations of 30 CFR part 228 by submitting a 
written request to the Director, MMS, and preparing a proposal 
detailing the work to be done.
    Currently, eight Indian tribes have cooperative audit agreements to 
perform audits and investigations. When an Indian tribe performs any of 
the delegated functions under the 30 CFR 228 regulations, the Indian 
tribe also assumes the burden of providing various types of information 
to MMS. This information, provided to MMS in the course of performing 
cooperative audit work, is the focus of this information collection. We 
have changed the title of this ICR from ``Cooperative Agreements'' to 
``30 CFR Part 228, Cooperative Activities with State and Indian 
Tribes'' for consistency with the regulatory language we are covering 
under 30 CFR part 228.
    No proprietary information will be submitted to MMS under this 
collection. No items of a sensitive nature are collected. The 
requirement to respond is mandatory. Both MMS and Indian tribes are 
required to safeguard and protect proprietary data obtained during the 
course of performing audit activities.
    Frequency of Response: Quarterly, annually, or when deemed 
necessary.
    Estimated Number and Description of Respondents: Eight Indian 
tribes currently have cooperative audit agreements. Over the next 3 
years, we expect one or two more tribes to apply.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 1,912 
hours.
    The following chart shows the breakdown of the estimated burden 
hours by CFR section and paragraph:

                                   Tribal Respondent Annual Burden Hour Chart
----------------------------------------------------------------------------------------------------------------
                                                                   Burden hours    Annual number   Annual burden
        30 CFR Hours Section            Reporting requirement      per response    of responses        hours
----------------------------------------------------------------------------------------------------------------
228.100(a) and (b)(1), (2), (3),     * * * Indian tribe may                  200               1             200
 and (4); 228.101(c); 228.107(b).     request the Department to
                                      enter into a cooperative
                                      agreement by sending a
                                      letter from the * * *
                                      tribal chairman * * * to
                                      the Director of MMS. The
                                      request for an agreement
                                      shall be in a format
                                      prescribed by MMS * * *
                                      Agreements * * * shall be
                                      valid for * * * 3 years
                                      and shall be renewable * *
                                      * upon request of the * *
                                      * Indian tribe * * *
                                      Indian tribe may
                                      unilaterally terminate an
                                      agreement by giving a 120-
                                      day written notice of
                                      intent to terminate. Each
                                      cooperative agreement
                                      shall contained detailed
                                      schedules identifying
                                      those activities and costs
                                      which quality for funding
                                      and the procedures,
                                      timing, and mechanics for
                                      implementing Federal
                                      funding.
228.101(d).........................  * * * Indian tribe 80 180                80               1              80
                                      will be given 60-days to
                                      respond to the notice of
                                      deficiencies and to
                                      provide a plan for
                                      correction of those
                                      deficiencies.

[[Page 23761]]

 
228.103(a) and (b).................  The * * * Indian tribe                  120               8             960
                                      entering into a
                                      cooperative agreement * *
                                      * must retain all records,
                                      reports, working papers,
                                      and any backup materials *
                                      * * The * * * Indian tribe
                                      shall maintain all books
                                      and records * * *.
228.105(a)(1) and (2)..............  The Department may * * *                 60               8             480
                                      reimburse the * * * Indian
                                      tribe up to 100 percent of
                                      the costs of eligible
                                      activities. Eligible
                                      activities will be agreed
                                      upon annually upon the
                                      submission and approval of
                                      a workplan and funding
                                      requirement. A cooperative
                                      agreement may be entered
                                      into with * * * Indian
                                      tribe, upon request,
                                      without a requirement for
                                      reimbursement of costs by
                                      the Department.
228.105(c).........................  The * * * Indian tribe                    4              48             192
                                      shall submit a voucher for
                                      reimbursement of eligible
                                      costs incurred within 30-
                                      days of the end of each
                                      calendar quarter. The * *
                                      * Indian tribe must
                                      provide the Department a
                                      summary of costs incurred,
                                      for which the * * * Indian
                                      tribe is seeking
                                      reimbursement, with the
                                      voucher.
                                                                 -----------------
    Total..........................  ...........................  ..............              66           1,912
----------------------------------------------------------------------------------------------------------------

    Estimated Annual Reporting and Recordkeeping ``Non-hour Cost'' 
Burden: We have not identified any non-hour cost burdens.
    Comments: The PRA (44 U.S.C. 3501, et seq.) provides 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.
    The PRA also requires agencies to estimate the total annual 
reporting ``non-hour cost'' burden to respondents or recordkeepers 
resulting from the collection of information. We have not identified 
any non-hour, start up costs. If you have costs to generate, maintain, 
and disclose this information, you should comment and provide your 
total capital and startup cost components or annual operation, 
maintenance, and purchase of service components. You should describe 
the methods you use to estimate major cost factors, including system 
and technology acquisition, expected useful life of capital equipment, 
discount rate(s), and the period over which you incur costs. Capital 
and startup costs include, among other items, computers and software 
you purchase to prepare for collecting information; monitoring, 
sampling, testing equipment; and record storage facilities. Generally, 
your estimates should not include equipment or services purchased: (i) 
Before October 1, 1995; (ii) to comply with requirements not associated 
with the information collection; (iii) for reasons other than to 
provide information or keep records for the Government; or (iv) as part 
of customary and usual business or private practices.
    We will summarize written responses to this notice and address them 
in our ICR submission for OMB approval, including appropriate 
adjustments to the estimated burden. We will provide a copy of the ICR 
to you without charge upon request, and the ICR will also be posted on 
our Web site at http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm.
    Public Comment Policy: We will post all comments in response to 
this notice on our Web site at http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm. We will also make copies of the comments 
available for public review, including names and addresses of 
respondents, during regular business hours at our offices in Lakewood, 
Colorado. Individual respondents may request we withhold their home 
address from the public record, which we will honor to the extent 
allowable by law. There also may be circumstances in which we would 
withhold from the rulemaking record a respondent's identity, as 
allowable by law. If you request that we withhold your name and/or 
address, state this prominently at the beginning of your comment. 
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 
(202) 208-7744.

    Dated: April 30, 2003.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 03-11041 Filed 5-2-03; 8:45 am]
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