[Federal Register Volume 69, Number 59 (Friday, March 26, 2004)]
[Notices]
[Pages 15897-15899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6804]


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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 1010-0074).

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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 206--Product Valuation, Subpart J--Indian Coal (Forms MMS-4292, 
Coal Washing Allowance Report, and MMS-4293, Coal Transportation 
Allowance Report).''

DATES: Submit written comments on or before May 25, 2004.

ADDRESSES: Submit written comments to Sharron L. Gebhardt, Lead 
Regulatory Specialist, Minerals Management Service, Minerals Revenue 
Management, P.O. Box 25165, MS 302B2, 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.

FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone (303) 
231-3211, FAX (303) 231-3781.

SUPPLEMENTARY INFORMATION: Title: 30 CFR Part 206--Product Valuation, 
Subpart J--Indian Coal (Forms MMS-4292, Coal Washing Allowance Report, 
and MMS-4293, Coal Transportation Allowance Report).
    OMB Control Number: 1010-0074.
    Bureau Form Number: Forms MMS-4292 and MMS-4293.
    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 and acts including 25 U.S.C. 396d and the 
Indian Minerals Development Act (25 U.S.C. 2103) 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.
    Indian tribes and allottees receive all royalties generated from 
Indian lands. Both groups have expressed concern that DOI will ensure 
they receive the proper royalty amount. Failure to collect the data 
described in this information collection could result in the 
undervaluation of the minerals and render it impossible for the 
Secretary to

[[Page 15898]]

fulfill his/her statutory and trust responsibilities to the Indians. 
The information that is collected under this ICR is essential for the 
royalty valuation process.
    We developed Form MMS-4292, Coal Washing Allowance Report, and Form 
MMS-4293, Coal Transportation Allowance Report, for industry to use 
when reporting or requesting a washing or transportation allowance. 
Historically, the lessee requested approval of royalty deductions by 
submitting a letter which provided information enabling the Government 
to evaluate the reasonableness of the deductions. Under the product 
value regulations at 30 CFR Part 206--Product Valuation, Subpart J--
Indian Coal, we normally accept costs incurred under arm's-length 
contracts for transporting and/or washing coal. (An arm's-length 
contract is a contract or agreement between independent, nonaffiliated 
persons with opposing economic interest regarding that contract.) The 
regulations further provide that we normally accept the contract sales 
prices arrived at by the lessee in their arm's-length contract as being 
representative of value for ad valorem leases (30 CFR 206.456, 
Valuation standards for ad valorem leases).
    In those instances when Indian coal is washed or transported under 
non-arm's-length conditions, it is necessary for us to obtain cost 
data. The information collected on the forms enables us to accurately 
determine if the lessee correctly computed the coal value and the gross 
proceeds for royalty calculation purposes.
    Proprietary information that is submitted to MMS is protected, and 
there are no questions of a sensitive nature included in this 
information collection. The requirement to respond is required when 
claiming washing and/or transportation allowances.
    For this ICR renewal, we have no change in the burden hours 
submitted to OMB. We have changed the title of this ICR from ``Coal 
Washing and Transportation Allowance (Forms MMS-4292 and MMS-4293)'' to 
``30 CFR Part 206--Product Valuation, Subpart J--Indian Coal (Forms 
MMS-4292, Coal Washing Allowance Report, and MMS-4293, Coal 
Transportation Allowance Report),'' to clarify the regulatory language 
we are covering under 30 CFR Part 206.
    Frequency of Response: Annually.
    Estimated Number and Description of Respondents: 1 lessee.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 4 
hours.
    The following chart shows the breakdown of the estimated burden 
hours by CFR section and paragraph:

                                       Respondent Annual Burden Hour Chart
----------------------------------------------------------------------------------------------------------------
                                                                              Burden       Annual       Annual
                30 CFR section                    Reporting requirement     hours per    number of      burden
                                                                             response    responses      hours
----------------------------------------------------------------------------------------------------------------
206.458 (a)(1), (b)(1), (c)(1)(i) and (iii),    Determination of washing             2            1            2
 (c)(2)(i) and (iii).                            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-4292, Coal
                                                 Washing Allowance
                                                 Report, * * *.
                                                (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
                                                 * * *.
                                                (c) Reporting
                                                 requirements. (1) Arm's-
                                                 length contracts. (i) *
                                                 * * 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. * * * (iii)
                                                 After the initial
                                                 reporting period and for
                                                 succeeding reporting
                                                 periods, lessees must
                                                 submit page one of Form
                                                 MMS-4292 * * *
                                                (2) Non-arm's-length or
                                                 no contract. (i) * * *
                                                 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. * * * (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. * *
                                                 *
206.461 (a)(1), (b)(1), (c)(1)(i) and (iii),    Determination of                     2            1            2
 (c)(2)(i) and (iii).                            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 * * *.
                                                (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
                                                 * * *.

[[Page 15899]]

 
                                                (c) Reporting
                                                 requirements. (1) Arm's-
                                                 length contracts. (i) *
                                                 * * 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. * * * (iii)
                                                 After the initial
                                                 reporting period and for
                                                 succeeding reporting
                                                 periods, lessees must
                                                 submit page one of Form
                                                 MMS-4293 * * *
                                                (2) Non-arm's-length or
                                                 no contract. (i) * * *
                                                 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. * * *
                                                 (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 * * *
                                                                          --------------
    Total.....................................  .........................            4            2            4
----------------------------------------------------------------------------------------------------------------

    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.
    Public Comment Policy: We will 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. Upon request, we will withhold an individual respondent's 
home address from the public record, as 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 your request 
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 19, 2004.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 04-6804 Filed 3-25-04; 8:45 am]
BILLING CODE 4310- MR-P