[Federal Register Volume 69, Number 45 (Monday, March 8, 2004)]
[Notices]
[Pages 10746-10753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5066]


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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.

ACTION: Notice of an extension of a currently approved information 
collection (OMB Control Number 1010-0120).

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SUMMARY: To comply with the Paperwork Reduction Act (PRA) of

[[Page 10747]]

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 206, Subparts F--Federal Coal and J--Indian Coal, Part 210, 
Subpart E--Solid Minerals, General, and Part 218, Subpart E--Solid 
Minerals--General, Solid Minerals Compliance and Management Process 
(Form MMS-4430, Solid Minerals Production and Royalty Report).''

DATES: Submit written comments on or before May 7, 2004.

ADDRESSES: Submit written comments to Sharron L. Gebhardt, Lead 
Regulatory Specialist, Minerals Management Service, Minerals Revenue 
Management, P.O. 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 
e-mail 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) 231-3781 or email [email protected].

SUPPLEMENTARY INFORMATION: 
    Title: 30 CFR Part 206, Subparts F--Federal Coal and J--Indian 
Coal, Part 210, Subpart E--Solid Minerals, General, and Part 218, 
Subpart E--Solid Minerals--General, Solid Minerals Compliance and 
Management Process (Form MMS-4430, Solid Minerals Production and 
Royalty Report).
    OMB Control Number: 1010-0120.
    Bureau Form Number: Form MMS-4430.
    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 information collection request 1010-0120 provides for the 
collection of solid minerals information. The lessees, operators, or 
other directly-involved persons described at 30 U.S.C. 1713 are 
required to make reports and provide reasonable information as defined 
by the Secretary regarding solid minerals production. Other citations 
supporting the reporting requirement include 30 U.S.C. 189 pertaining 
to Public Lands, 30 U.S.C. 359 pertaining to Acquired Lands, 25 U.S.C. 
396d pertaining to Indian Lands, and 43 U.S.C. 1334 pertaining to Outer 
Continental Shelf Lands.
    When a company or an individual enters into a lease to explore, 
develop, produce, and dispose of minerals from Federal or Indian lands, 
that company or individual agrees to pay the lessor a share (royalty) 
of the value received from production from the leased lands. 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 reported to private and public mineral interest owners 
and is 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 ensure the royalties are paid appropriately.
    Specific lease language varies; however, respondents agree by the 
lease terms to furnish statements providing the details of all 
operations conducted on a lease and the quantity and quality of all 
production from the lease at such times and in such form as the 
Secretary may prescribe. Currently, rules require respondents to 
provide accurate, complete, and timely reports for all minerals 
produced, in the manner and form prescribed by MMS in 30 CFR part 206, 
subparts F and J; part 210, subpart E, and part 218, subpart E.
    Minerals produced from Federal and Indian leases vary greatly in 
the nature of occurrence, production and processing methods, and 
markets served. Also, lease terms, statutory requirements, and 
regulations vary significantly among the different solid minerals. MMS 
exercises flexibility in the types of data required to meet the 
compliance and management process strategy. The current requirements 
provide MMS with the ability to verify that revenue due the government 
has been paid correctly under applicable laws, regulations, and lease 
terms. MMS collects solid minerals production and royalty data on Form 
MMS-4430, Solid Minerals Production and Royalty Report, along with 
sales summaries, facility data, and sales contracts.
    Submission of this information is mandatory. Proprietary 
information that is submitted is protected, and there are no questions 
of a sensitive nature included in this information collection.
    We have also changed the title of this ICR from ``Solid Minerals 
Compliance and Management Process'' to ``30 CFR Part 206, Subparts F--
Federal Coal and J--Indian Coal, Part 210, Subpart E--Solid Minerals, 
General, and Part 218, Subpart E--Solid Minerals--General, Solid 
Minerals Compliance and Management Process (Form MMS-4430, Solid 
Minerals Production and Royalty Report),'' to clarify the regulatory 
language we are covering under 30 CFR parts 206, 210, and 218.
    For further clarification, we are including citations in this ICR 
renewal that cover the compliance process, although it is exempt from 
the PRA by OMB's Office of Regulatory Affairs (ORA) and, therefore, no 
burden hours are reported for these sections. For the remaining 
sections, we are increasing the burden hours. Over the past 3 years, 
lessees have advised MMS that it takes more time to report on Form MMS-
4430, and we are adjusting the burden hours accordingly.
    Frequency of Response: Annually.
    Estimated Number and Description of Respondents: 210 Indian 
lessees.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 1,488 
hours.
    The following chart shows the breakdown of the estimated burden 
hours by CFR section and paragraph:

[[Page 10748]]



                                       Respondent Annual Burden Hour Chart
----------------------------------------------------------------------------------------------------------------
                                                               Burden hours per   Annual  number  Annual  burden
           30 CFR section             Reporting requirement        response        of  responses       hours
----------------------------------------------------------------------------------------------------------------
                                               Valuation Standards
----------------------------------------------------------------------------------------------------------------
206.254............................  Quality and quantity    10 minutes.........              12               2
                                      measurement standards
                                      for reporting and
                                      paying royalties. * *
                                      * Coal quantity
                                      information shall be
                                      reported on
                                      appropriate forms
                                      required under 30 CFR
                                      part 216 and on the
                                      Solid Minerals
                                      Production and
                                      Royalty Report, Form
                                      MMS-4430, as required
                                      under 30 CFR part 210.
206.257(b)(1)......................  Valuation standards     Produce Records: The Office of Regulatory Affairs
                                      for ad valorem          (ORA) determined that the compliance process is
                                      leases. (b)(1) * * *    exempt from the Paperwork Reduction Act because
                                      The lessee shall have   MMS staff ask non-standard questions to resolve
                                      the burden of           exceptions.
                                      demonstrating that
                                      its contract is arm's
                                      length. * * *
206.257(b)(3)......................  Valuation standards     Produce Records: ORA determined that the compliance
                                      for ad valorem          process is exempt from the PRA because MMS staff
                                      leases. (3) * * *       ask non-standard questions to resolve exceptions.
                                      When MMS determines
                                      that the value may be
                                      unreasonable, MMS
                                      will notify the
                                      lessee and give the
                                      lessee an opportunity
                                      to provide written
                                      information
                                      justifying the
                                      lessee's reported
                                      coal value.
206.257(b)(4)......................  Valuation standards     Produce Records: ORA determined that the compliance
                                      for ad valorem          process is exempt from the PRA because MMS staff
                                      leases. (4) The MMS     ask non-standard questions to resolve exceptions.
                                      may require a lessee
                                      to certify that its
                                      arm's-length contract
                                      provisions include
                                      all of the
                                      consideration to be
                                      paid by the buyer,
                                      either directly or
                                      indirectly, for the
                                      coal production.
206.257(d)(2)......................  Valuation standards     Produce Records: ORA determined that the compliance
                                      for ad valorem          process is exempt from the PRA because MMS staff
                                      leases. (2) Any         ask non-standard questions to resolve exceptions.
                                      Federal lessee will
                                      make available upon
                                      request to the
                                      authorized MMS or
                                      State
                                      representatives, to
                                      the Inspector General
                                      of the Department of
                                      the Interior or other
                                      persons authorized to
                                      receive such
                                      information, arm's-
                                      length sales value
                                      and sales quantity
                                      data for like-quality
                                      coal sold, purchased,
                                      or otherwise obtained
                                      by the lessee from
                                      the area.
------------------------------------
                                               Washing Allowances
----------------------------------------------------------------------------------------------------------------
206.259(a)(1)......................  Determination of        Produce Records: ORA determined that the compliance
                                      washing allowances.     process is exempt from the PRA because MMS staff
                                      (a) Arm's-length        ask non-standard questions to resolve exceptions.
                                      contracts. (1) * * *
                                      The lessee shall have
                                      the burden of
                                      demonstrating that
                                      its contract is arm's-
                                      length. * * *
206.259(a)(1)......................  Determination of        30 minutes.........              12               6
                                      washing allowances.
                                      (a) Arm's-length
                                      contracts. (1) * * *
                                      The lessee must claim
                                      a washing allowance
                                      by reporting it as a
                                      separate line entry
                                      on the Form MMS-4430.
206.259(a)(3)......................  Determination of        Produce Records: ORA determined that the compliance
                                      washing allowances.     process is exempt from the PRA because MMS staff
                                      (a) Arm's-length        ask non-standard questions to resolve exceptions.
                                      contracts. * * * (3)
                                      * * * When MMS
                                      determines that the
                                      value of the washing
                                      may be unreasonable,
                                      MMS will notify the
                                      lessee and give the
                                      lessee an opportunity
                                      to provide written
                                      information
                                      justifying the
                                      lessee's washing
                                      costs.
206.259(b)(1)......................  Determination of        1 hour.............              12              12
                                      washing allowances.
                                      (b) Non-arm's-length
                                      or no contract. (1) *
                                      * * The lessee must
                                      claim a washing
                                      allowance by
                                      reporting it as a
                                      separate line entry
                                      on the Form MMS-4430.
                                      * * *.
206.259(c)(1)(i)...................  Determination of        5 minutes..........              12               1
                                      washing allowances.
                                      (c) Reporting
                                      requirements--(1)
                                      Arm's-length
                                      contracts. (i) The
                                      lessee must notify
                                      MMS of an allowance
                                      based on incurred
                                      costs by using a
                                      separate line entry
                                      on the Form MMS-4430.
206.259(c)(1)(ii)..................  Determination of        Produce Records: ORA determined that the compliance
                                      washing allowances.     process is exempt from the PRA because MMS staff
                                      (c) Reporting           ask non-standard questions to resolve exceptions.
                                      requirements--(1)
                                      Arm's-length
                                      contracts. * * * (ii)
                                      The MMS may require
                                      that a lessee submit
                                      arm's-length washing
                                      contracts and related
                                      documents. * * *
206.259(c)(2)(i)...................  Determination of        5 minutes..........              12               1
                                      washing allowances.
                                      (c) Reporting
                                      requirements--* * *
                                      (2) Non-arm's-length
                                      or no contract. (i)
                                      The lessee must
                                      notify MMS of an
                                      allowance based on
                                      the incurred costs by
                                      using a separate line
                                      entry on the Form MMS-
                                      4430.
206.259(c)(2)(iii).................  Determination of        Produce Records: ORA determined that the compliance
                                      washing allowances.     process is exempt from the PRA because MMS staff
                                      (c) Reporting           ask non-standard questions to resolve exceptions.
                                      requirements--* * *
                                      (2) Non-arm's-length
                                      or no contract.* * *
                                      (iii) Upon request by
                                      MMS, the lessee shall
                                      submit all data used
                                      to prepare the
                                      allowance deduction.
                                      * * *
206.259(e)(2)......................  Determination of        30 minutes.........               4               2
                                      washing allowances.
                                      (e) Adjustments. * *
                                      * (2) The lessee must
                                      submit a corrected
                                      Form MMS-4430 to
                                      reflect actual costs,
                                      together with any
                                      payment, in
                                      accordance with
                                      instructions provided
                                      by MMS.
------------------------------------

[[Page 10749]]

 
                                            Transportation Allowances
----------------------------------------------------------------------------------------------------------------
206.262(a)(1)......................  Determination of        Produce Records: ORA determined that the compliance
                                      transportation          process is exempt from the PRA because MMS staff
                                      allowances. (a) Arm's-  ask non-standard questions to resolve exceptions.
                                      length contracts. (1)
                                      * * * The lessee
                                      shall have the burden
                                      of demonstrating that
                                      its contract is arm's-
                                      length.* * *
206.262(a)(1)......................  Determination of        30 minutes.........              12               6
                                      transportation
                                      allowances. (a) Arm's-
                                      length contracts. (1)
                                      * * * The lessee must
                                      claim a
                                      transportation
                                      allowance by
                                      reporting it as a
                                      separate line entry
                                      on the Form MMS-4430.
206.262(a)(3)......................  Determination of        Produce Records: ORA determined that the compliance
                                      transportation          process is exempt from the PRA because MMS staff
                                      allowances. (a) Arm's-  ask non-standard questions to resolve exceptions.
                                      length contracts.* *
                                      * (3) * * * When MMS
                                      determines that the
                                      value of the
                                      transportation may be
                                      unreasonable, MMS
                                      will notify the
                                      lessee and give the
                                      lessee an opportunity
                                      to provide written
                                      information
                                      justifying the
                                      lessee's
                                      transportation costs.
206.262(b)(1)......................  Determination of        1 hour.............              12              12
                                      transportation
                                      allowances. (b) Non-
                                      arm's-length or no
                                      contract.--(1) * * *
                                      The lessee must claim
                                      a transportation
                                      allowance by
                                      reporting it as a
                                      separate line entry
                                      on the Form MMS-4430.
                                      * * *.
206.262(c)(1)(i)...................  Determination of        5 minutes..........              12               1
                                      transportation
                                      allowances. (c)
                                      Reporting
                                      requirements--(1)
                                      Arm's-length
                                      contracts. (i) The
                                      lessee must notify
                                      MMS of an allowance
                                      based on incurred
                                      costs by using a
                                      separate line entry
                                      on the Form MMS-4430.
206.262(c)(1)(ii)..................  Determination of        Produce Records: ORA determined that the compliance
                                      transportation          process is exempt from the PRA because MMS staff
                                      allowances. (c)         ask non-standard questions to resolve exceptions.
                                      Reporting
                                      requirements--(1)
                                      Arm's-length
                                      contracts. * * * (ii)
                                      The MMS may require
                                      that a lessee submit
                                      arm's-length
                                      transportation
                                      contracts, production
                                      agreements, operating
                                      agreements, and
                                      related documents. *
                                      * *
206.262(c)(2)(i)...................  Determination of        5 minutes..........              12               1
                                      transportation
                                      allowances. (c)
                                      Reporting
                                      requirements--(2) Non-
                                      arm's-length or no
                                      contract. (i) The
                                      lessee must notify
                                      MMS of an allowance
                                      based on the incurred
                                      costs by using a
                                      separate line entry
                                      on Form MMS-4430.
206.262(c)(2)(iii).................  Determination of        Produce Records: ORA determined that the compliance
                                      transportation          process is exempt from the PRA because MMS staff
                                      allowances. (c)         ask non-standard questions to resolve exceptions.
                                      Reporting
                                      requirements--(2) Non-
                                      arm's-length or no
                                      contract. * * * (iii)
                                      Upon request by MMS,
                                      the lessee shall
                                      submit all data used
                                      to prepare the
                                      allowance deduction.
                                      * * *
------------------------------------
                                               Valuation Standards
----------------------------------------------------------------------------------------------------------------
206.453............................  Quality and quantity    10 minutes.........              12               2
                                      measurement standards
                                      for reporting and
                                      paying royalties. * *
                                      * Coal quantity
                                      information shall be
                                      reported on
                                      appropriate forms
                                      required under 30 CFR
                                      part 216 and on the
                                      Solid Minerals
                                      Production and
                                      Royalty Report, Form
                                      MMS-4430, as required
                                      under 30 CFR part 210.
206.456(b)(1)......................  Valuation standards     Produce Records: ORA determined that the compliance
                                      for ad valorem          process is exempt from the PRA because MMS staff
                                      leases. (b)(1) * * *    ask non-standard questions to resolve exceptions.
                                      The lessee shall have
                                      the burden of
                                      demonstrating that
                                      its contract is arm's-
                                      length. * * *
206.456(b)(3)......................  Valuation standards     Produce Records: ORA determined that the compliance
                                      for ad valorem          process is exempt from the PRA because MMS staff
                                      leases. (b)(3) * * *    ask non-standard questions to resolve exceptions.
                                      When MMS determines
                                      that the value may be
                                      unreasonable, MMS
                                      will notify the
                                      lessee and give the
                                      lessee an opportunity
                                      to provide written
                                      information
                                      justifying the
                                      lessee's reported
                                      coal value.
206.456(b)(4)......................  Valuation standards     Produce Records: ORA determined that the compliance
                                      for ad valorem          process is exempt from the PRA because MMS staff
                                      leases. (b)(4) MMS      ask non-standard questions to resolve exceptions.
                                      may require a lessee
                                      to certify that its
                                      arm's-length contract
                                      provisions include
                                      all of the
                                      consideration to be
                                      paid by the buyer,
                                      either directly or
                                      indirectly, for the
                                      coal production.
206.456(d)(2)......................  Valuation standards     Produce Records: ORA determined that the compliance
                                      for ad valorem          process is exempt from the PRA because MMS staff
                                      leases. (d)(2) An       ask non-standard questions to resolve exceptions.
                                      Indian lessee will
                                      make available upon
                                      request to the
                                      authorized MMS or
                                      Indian
                                      representatives, or
                                      to the Inspector
                                      General of the
                                      Department of the
                                      Interior or other
                                      persons authorized to
                                      receive such
                                      information, arm's-
                                      length sales and
                                      sales quantity data
                                      for like-quality coal
                                      sold, purchased, or
                                      otherwise obtained by
                                      the lessee from the
                                      area.
------------------------------------

[[Page 10750]]

 
                                               Washing Allowances
----------------------------------------------------------------------------------------------------------------
206.458(a)(1)......................  Determination of        Burden covered under OMB Control Number 1010-0074.
                                      washing allowances.
                                      (a) Arms-length
                                      contracts. (1) * * *
                                      However, before any
                                      deduction may be
                                      taken, the lessee
                                      must submit a
                                      completed page one of
                                      Form MMS-4292, Coal
                                      Washing Allowance
                                      Report, in accordance
                                      with paragraph (c)(1)
                                      of this section. A
                                      washing allowance may
                                      be claimed
                                      retroactively for a
                                      period of not more
                                      than 3 months prior
                                      to the first day of
                                      the month that Form
                                      MMS-4292 is filed
                                      with MMS, unless MMS
                                      approves a longer
                                      period upon a showing
                                      of good cause by the
                                      lessee.
206.458(a)(3)......................  Determination of        Produce Records: ORA determined that the compliance
                                      washing allowances.     process is exempt from the PRA because MMS staff
                                      (a) Arms-length         ask non-standard questions to resolve exceptions.
                                      contracts. * * * (3)
                                      * * * When MMS
                                      determines that the
                                      value of the washing
                                      may be unreasonable,
                                      MMS will notify the
                                      lessee and give the
                                      lessee an opportunity
                                      to provide written
                                      information
                                      justifying the
                                      lessee's washing
                                      costs.
206.458(b)(1)......................  Determination of        Burden covered under OMB Control Number 1010-0074.
                                      washing allowances.     See Sec.   206.458(a)(1).
                                      (b) Non-arm's-length
                                      or no contract. (1) *
                                      * * However, before
                                      any estimated or
                                      actual deduction may
                                      be taken, the lessee
                                      must submit a
                                      completed Form MMS-
                                      4292 in accordance
                                      with paragraph (c)(2)
                                      of this section. A
                                      washing allowance may
                                      be claimed
                                      retroactively for a
                                      period of not more
                                      than 3 months prior
                                      to the first day of
                                      the month that Form
                                      MMS-4292 is filed
                                      with MMS, unless MMS
                                      approves a longer
                                      period upon a showing
                                      of good cause by the
                                      lessee. * * *
206.458(c)(1)(i)...................  Determination of        Burden covered under OMB Control Number 1010-0074.
                                      washing allowances.     See Sec.   206.458(a)(1).
                                      (c) Reporting
                                      requirements. (1)
                                      Arm's-length
                                      contracts. (i) With
                                      the exception of
                                      those washing
                                      allowances specified
                                      in paragraphs
                                      (c)(1)(v) and
                                      (c)(1)(vi) of this
                                      section, 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-4430,
                                      Solid Minerals
                                      Production and
                                      Royalty Report. * * *
206.458(c)(1)(iii).................  Determination of        Burden covered under OMB Control Number 1010-0074.
                                      washing allowances.     See Sec.   206.458(a)(1).
                                      (c) Reporting
                                      requirements. (1)
                                      Arm's-length
                                      contracts. * * *
                                      (iii) After initial
                                      reporting period and
                                      for succeeding
                                      reporting periods,
                                      lessees must submit
                                      page one of Form MMS-
                                      4292 within 3 months
                                      after the end of the
                                      calendar year, or
                                      after the applicable
                                      contract or rate
                                      terminates or is
                                      modified or amended,
                                      whichever is earlier,
                                      unless MMS approves a
                                      longer period (during
                                      which period the
                                      lessee shall continue
                                      to use the allowance
                                      from the previous
                                      reporting period).
206.458(c)(1)(iv)..................  Determination of        Produce Records: ORA determined that the compliance
                                      washing allowances.     process is exempt from the PRA because MMS staff
                                      (c) Reporting           ask non-standard questions to resolve exceptions.
                                      requirements. (1)
                                      Arm's-length
                                      contracts. * * * (iv)
                                      MMS may require that
                                      a lessee submit arm's-
                                      length washing
                                      contracts and non-
                                      standard questions
                                      related documents * *
                                      *
206.458(c)(2)(i)...................  Determination of        Burden covered under OMB Control Number 1010-0074.
                                      washing allowances.     See Sec.   206.458(a)(1).
                                      (c) Reporting
                                      requirements. * * *
                                      (2) Non-arm's-length
                                      or no contract. (i)
                                      With the exception of
                                      those specified in
                                      paragraphs (c)(2)(v)
                                      and (c)(2)(vii) of
                                      this section, 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-
                                      4430, Solid Minerals
                                      Production and
                                      Royalty Report. * * *
206.458(c)(2)(iii).................  Determination of        Burden covered under OMB Control Number 1010-0074.
                                      washing allowances.     See Sec.   206.458(a)(1).
                                      (c) Reporting
                                      requirements. * * *
                                      (2) Non-arm's-length
                                      or no contract. * * *
                                      (iii) 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. * * * Form MMS-
                                      4292 must be received
                                      by MMS within 3
                                      months after the end
                                      of the previous
                                      reporting period,
                                      unless MMS approves a
                                      longer period (during
                                      which period the
                                      lessee shall continue
                                      to use the allowance
                                      from the previous
                                      reporting period).

[[Page 10751]]

 
206.458(c)(2)(vi)..................  Determination of        Produce Records: ORA determined that the compliance
                                      washing allowances.     process is exempt from the PRAct because MMS staff
                                      (c) Reporting           ask non-standard questions to resolve exceptions.
                                      requirements. * * *
                                      (2) Non-arm's-length
                                      or no contract. * * *
                                      (vi) Upon request by
                                      MMS, the lessee shall
                                      submit all data used
                                      by the lessee to
                                      prepare its Forms MMS-
                                      4292. * * *
206.458(c)(4)......................  Determination of        5 minutes..........              12               1
                                      washing allowances.
                                      (c) Reporting
                                      requirements. * * *
                                      (4) Washing
                                      allowances must be
                                      reported as a
                                      separate line on the
                                      Form MMS-4430, unless
                                      MMS approves a
                                      different reporting
                                      procedure
206.458(e)(2)......................  Determination of        30 minutes.........               4               2
                                      washing allowances.
                                      (e) Adjustments. * *
                                      * (2) The lessee must
                                      submit a corrected
                                      Form MMS-4430 to
                                      reflect actual costs,
                                      together with any
                                      payment, in
                                      accordance with
                                      instructions provided
                                      by MMS
------------------------------------
                                            Transportation Allowances
----------------------------------------------------------------------------------------------------------------
206.461(a)(1)......................  Determination of         Burden covered under OMB Control Number 1010-0074.
                                      transportation
                                      allowances. (a) Arm's-
                                      length contracts. (1)
                                      * * * However, before
                                      any deduction may be
                                      taken, the lessee
                                      must submit a
                                      completed page one of
                                      Form MMS-4293, Coal
                                      Transportation
                                      Allowance Report, in
                                      accordance with
                                      paragraph (c)(1) of
                                      this section. A
                                      transportation
                                      allowance may be
                                      claimed retroactively
                                      for a period of not
                                      more than 3 months
                                      prior to the first
                                      day of the month that
                                      Form MMS-4293 is
                                      filed with MMS,
                                      unless MMS approves a
                                      longer period upon a
                                      showing of good cause
                                      by the lessee
206.461(a)(3)......................  Determination of        Produce Records: ORA determined that the compliance
                                      transportation          process is exempt from the PRA because MMS staff
                                      allowances. (a) Arm's-  ask non-standard questions to resolve exceptions.
                                      length contracts. * *
                                      * (3) * * * When MMS
                                      determines that the
                                      value of the
                                      transportation may be
                                      unreasonable, MMS
                                      will notify the
                                      lessee and give the
                                      lessee an opportunity
                                      to provide written
                                      information
                                      justifying the
                                      lessee's
                                      transportation costs
206.461(b)(1)......................  Determination of        Burden covered under OMB Control Number 1010-0074.
                                      transportation          See Sec.   206.461(a)(1).
                                      allowances. (b) Non-
                                      arm's-length or no
                                      contract. (1) * * *
                                      However, before any
                                      estimated or actual
                                      deduction may be
                                      taken, the lessee
                                      must submit a
                                      completed Form MMS-
                                      4293 in accordance
                                      with paragraph (c)(2)
                                      of this section. A
                                      transportation
                                      allowance may be
                                      claimed retroactively
                                      for a period of not
                                      more than 3 months
                                      prior to the first
                                      day of the month that
                                      Form MMS-4293 is
                                      filed with MMS,
                                      unless MMS approves a
                                      longer period upon a
                                      showing of good cause
                                      by the lessee * * *
206.461(c)(1)(i)...................  Determination of        Burden covered under OMB Control Number 1010-0074.
                                      transportation          See Sec.   206.461(a)(1).
                                      allowances. (c)
                                      Reporting
                                      requirements. Arm's-
                                      length contracts. (i)
                                      With the exception of
                                      those transportation
                                      allowances specified
                                      in paragraphs
                                      (c)(1)(v) and
                                      (c)(1)(vi) of this
                                      section, 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-
                                      4430, Solid Minerals
                                      Production and
                                      Royalty Report
206.461(c)(1)(iii).................  Determination of        Burden covered under OMB Control Number 1010-0074.
                                      transportation          See Sec.   206.461(a)(1).
                                      allowances. (c)
                                      Reporting
                                      requirements. (1)
                                      Arm's-length
                                      contracts. * * *
                                      (iii) After the
                                      initial reporting
                                      period and for
                                      succeeding reporting
                                      periods, lessees must
                                      submit page one of
                                      Form MMS-4293 within
                                      3 months after the
                                      end of the calendar
                                      year, or after the
                                      applicable contract
                                      or rate terminates or
                                      is modified or
                                      amended, whichever is
                                      earlier, unless MMS
                                      approves a longer
                                      period (during which
                                      period the lessee
                                      shall continue to use
                                      the allowance from
                                      the previous
                                      reporting period).
                                      Lessees may request
                                      special reporting
                                      procedures in unique
                                      allowance reporting
                                      situations, such as
                                      those related to spot
                                      sales
206.461(c)(1)(iv)..................  Determination of        Produce Records: ORA determined that the compliance
                                      transportation          process is exempt from the PRA because MMS staff
                                      allowances. (c)         ask non-standard questions to resolve exceptions.
                                      Reporting
                                      requirements. (1)
                                      Arm's-length
                                      contracts. * * * (iv)
                                      MMS may require that
                                      a lessee submit arm's-
                                      length transportation
                                      contracts, production
                                      agreements, operating
                                      agreements, and
                                      related documents. *
                                      * *

[[Page 10752]]

 
206.461(c)(2)(i)...................  Determination of        Burden covered under OMB Control Number 1010-0074.
                                      transportation
                                      allowances. (c)
                                      Reporting
                                      requirements. * * *
                                      (2) Non-arm's-length
                                      or no contract. (i)
                                      With the See Sec.
                                      206.461(a)(1).
                                      exception of those
                                      transportation
                                      allowances specified
                                      in paragraphs
                                      (c)(2)(v) and
                                      (c)(2)(vii) of this
                                      section, 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-4430,
                                      Solid Minerals
                                      Production and
                                      Royalty Report * * *
206.461(c)(2)(iii).................  Determination of        Burden covered under OMB Control Number 1010-0074.
                                      transportation          See Sec.   206.461(a)(1).
                                      allowances. (c)
                                      Reporting
                                      requirements. * * *
                                      (2) Non-arm's-length
                                      or no contract.* * *
                                      (iii) 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. * * * Form
                                      MMS-4293 must be
                                      received by MMS
                                      within 3 months after
                                      the end of the
                                      previous reporting
                                      period, unless MMS
                                      approves a longer
                                      period (during which
                                      period the lessee
                                      shall continue to use
                                      the allowance from
                                      the previous
                                      reporting period)
206.461(c)(2)(vi)..................  Determination of        Produce Records: ORA determined that the compliance
                                      transportation          process is exempt from the PRA because MMS staff
                                      allowances. (c)         ask non-standard questions to resolve exceptions.
                                      Reporting
                                      requirements. * * *
                                      (2) Non-arm's-length
                                      or no contract.* * *
                                      (vi) Upon request by
                                      MMS, the lessee shall
                                      submit all data used
                                      to prepare its Form
                                      MMS-4293 * * *
206.461(c)(4)......................  Determination of        5 minutes..........              12               1
                                      transportation
                                      allowances. (c)
                                      Reporting
                                      requirements. * * *
                                      (4) Transportation
                                      allowances must be
                                      reported as a
                                      separate line item on
                                      Form MMS-4430, unless
                                      MMS approves a
                                      different reporting
                                      procedure
206.461(e)(2)......................  Determination of        30 minutes.........               4               2
                                      transportation
                                      allowances. (e)
                                      Adjustments. * * *
                                      (2) The lessee must
                                      submit a corrected
                                      Form MMS-4430 to
                                      reflect actual costs,
                                      together with any
                                      payment, in
                                      accordance with
                                      instructions provided
                                      by MMS
210.52(a)..........................  Report of sales and     Burden covered by OMB Control Number 1010-0140.
                                      royalty remittance.
                                      (a) You must submit a
                                      completed Form MMS-
                                      2014 (Report of Sales
                                      and Royalty
                                      Remittance) to MMS
                                      with: * * *
210.201............................  How do I submit Form    20 minutes.........           2,400             800
                                      MMS-4430, Solid
                                      Minerals Production
                                      and Royalty Report?
                                      (a) What to submit.
                                      (1) You must submit a
                                      completed Form MMS-
                                      4430 for-- * * *
210.202............................  How do I submit sales   15 minutes.........           1,440             360
                                      summaries? (a) What
                                      to submit. (1) You
                                      must submit sales
                                      summaries for all
                                      coal and other solid
                                      minerals produced
                                      from Federal and
                                      Indian leases and for
                                      any remote storage
                                      site from which you
                                      sell Federal or
                                      Indian solid minerals
                                      * * *
210.203............................  How do I submit sales   1 hour.............             180             180
                                      contracts? (a) What
                                      to submit. You must
                                      submit sales
                                      contracts,
                                      agreements, and
                                      contract amendments
                                      for the sale of all
                                      coal and other solid
                                      minerals produced
                                      from Federal and
                                      Indian leases with ad
                                      valorem royalty terms
                                      * * *
210.204............................  How do I submit         15 minutes.........             360              90
                                      facility data? (a)
                                      What to submit. (1)
                                      You must submit
                                      facility data if you
                                      operate a wash plant,
                                      refining, ore
                                      concentration, or
                                      other processing
                                      facility for any
                                      coal, sodium,
                                      potassium, metals, or
                                      other solid minerals
                                      produced from Federal
                                      or Indian leases with
                                      ad valorem royalty
                                      terms * * *
210.205............................  Will I need to submit   Produce Records: ORA determined that the compliance
                                      additional documents    process is exempt from the PRA because MMS staff
                                      or evidence to MMS?     ask non-standard questions to resolve exceptions
                                      (a) Federal and         (same as 206.461(a)(3)).
                                      Indian lease terms
                                      allow us to request
                                      detailed statements,
                                      documents, or other
                                      evidence necessary to
                                      verify compliance * *
                                      * (b) We will request
                                      this additional
                                      information as we
                                      need it * * *
218.52(a) and (c)..................  How does a lessee       Burden covered by OMB Control Number 1010-0107.
                                      designate a Designee?
                                      (a) If you are a
                                      lessee under 30
                                      U.S.C. 1701(7), and
                                      you want to designate
                                      a person to make all
                                      or part of the
                                      payments due under a
                                      lease on your behalf
                                      under 30 U.S.C.
                                      1712(a), you must
                                      notify MMS or the
                                      applicable delegated
                                      State in writing of
                                      such designation * *
                                      *. (c) If you want to
                                      terminate a
                                      designation you made
                                      under paragraph (a)
                                      of this section, you
                                      must provide to MMS
                                      in writing before the
                                      termination * * *

[[Page 10753]]

 
218.57(a)(2).......................  Providing information   Burden covered by OMB Control Number 1010-0107.
                                      and claiming rewards.
                                      (a) General. * * *
                                      (2) If a person has
                                      any information he or
                                      she believes would be
                                      valuable to MMS, that
                                      person
                                      (``informant'')
                                      should submit the
                                      information in
                                      writing, in the form
                                      of a letter * * *
218.57(b)(3).......................  Providing information   Burden covered by OMB Control Number 1010-0107.
                                      and claiming rewards.
                                      (b) Claim for reward.
                                      * * * (3) To file a
                                      claim for reward the
                                      informant must: (i)
                                      Notify the Director,
                                      MMS * * * that he/she
                                      is claiming a reward
                                      * * *
218.201(b).........................  Method of payment. You  20 seconds.........           1,095               6
                                      must tender all
                                      payments * * *,
                                      except as follows: *
                                      * * (b) For Form MMS-
                                      4430 payments,
                                      include both your
                                      customer
                                      identification and
                                      your customer
                                      document
                                      identification
                                      numbers on your
                                      payment document * *
                                      *
                                                                                 -----------------
                                                             Total..............           5,631           1,488
----------------------------------------------------------------------------------------------------------------

    Estimated Annual Reporting and Recordkeeping ``Non-hour Cost'' 
Burden: We have identified no ``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 
non-hour cost burdens for this information collection. 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, and 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 
addresses 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 Federal Register Liaison Officer: Denise Johnson (202) 208-
3976.

    Dated: March 1, 2004.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 04-5066 Filed 3-5-04; 8:45 am]
BILLING CODE 4310-MR-U