[Federal Register Volume 69, Number 167 (Monday, August 30, 2004)]
[Notices]
[Pages 52920-52930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19652]


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DEPARTMENT OF THE INTERIOR

Minerals Management Service


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

AGENCY: Minerals Management Service (MMS), Interior.

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

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SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we 
are notifying the public that we have submitted to OMB an information 
collection request (ICR) to renew approval of the paperwork 
requirements in the regulations under 30 CFR parts 206, 210, and 218. 
This notice also provides the public a second opportunity to comment on 
the paperwork burden of these regulatory requirements. The ICR is 
titled ``30 CFR Part 206, Subpart F--Federal Coal and Subpart J--Indian 
Coal; Part 210, Subpart B--Oil, Gas, and OCS Sulfur--General, Subpart 
E--Solid Minerals, General, and Subpart H--Geothermal Resources; and 
Part 218, Subpart B--Oil and Gas, General, and Subpart E--Solid 
Minerals--General (Form MMS-4430, Solid Minerals Production and Royalty 
Report).'' We changed the title of this ICR to clarify the regulatory 
language we are covering under 30 CFR parts 206, 210, and 218. The 
previous title was ``Solid Minerals Compliance and Management Process 
(Form MMS-4430).''

DATES: Submit written comments on or before September 29, 2004.

ADDRESSES: Submit written comments by either FAX (202) 395-6566 or e-
mail ([email protected]) directly to the Office of Information 
and Regulatory Affairs, OMB, Attention: Desk Officer for the Department 
of the Interior (OMB Control Number 1010-0120). Mail or hand-carry a 
copy of your 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

[[Page 52921]]

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 that we have received your e-mail, contact Ms. Gebhardt at 
(303) 231-3211.

FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone (303) 
231-3211, FAX (303) 231-3781, e-mail [email protected]. You may 
also contact Sharron Gebhardt to obtain a copy at no cost of the form 
and regulations that require the subject collection of information.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR part 206, subpart F--Federal Coal and subpart J--
Indian Coal; part 210, subpart B--Oil, Gas, and OCS Sulfur--General, 
subpart E--Solid Minerals, General, and subpart H--Geothermal 
Resources; and part 218, subpart B--Oil and Gas, General, and subpart 
E--Solid Minerals--General (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 is 
responsible for matters relevant to mineral resource development on 
Federal and Indian lands and the Outer Continental Shelf (OCS). The 
Secretary under the Mineral Leasing Act (30 U.S.C. 1923) and the Outer 
Continental Shelf Lands Act (43 U.S.C. 1353) is responsible for 
managing the production of minerals from Federal and Indian lands and 
the OCS, collecting royalties from lessees who produce minerals, and 
distributing the funds collected in accordance with applicable laws.
    The Secretary also has an Indian trust responsibility to manage 
Indian lands and seek advice and information from Indian beneficiaries. 
The MMS performs the royalty management functions and assists the 
Secretary in carrying out the Department's Indian trust responsibility.
    This ICR 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 report and pay the lessor royalty 
and any lease level obligations required in the lease terms. 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 and lease level obligations are 
reported and paid appropriately.
    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.
    The MMS requires the submission of data on Form MMS-4430, Solid 
Minerals Production and Royalty Report, and on other associated data 
formats described below. The MMS uses these various types of data to 
fulfill our financial and compliance mission requirements. The current 
information collection requirements provide MMS with the ability to 
verify that revenue due the Government is reported and paid correctly 
and timely under applicable laws, regulations, and lease terms. It also 
provides MMS with the ability to timely disburse mineral revenues to 
the correct recipients. The MMS collects solid minerals production and 
royalty data on Form MMS-4430, along with associated sales summaries, 
facility data, sales contracts, payment information, and additional 
documents.
    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 mine level, and the quantity and 
quality of all production from the lease and mine 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, subparts B, E, and H; and part 
218, subparts B and E.
    The MMS is requesting OMB's approval to continue to collect this 
information. Not collecting this information would limit the 
Secretary's ability to discharge fiduciary duties and may also result 
in loss of royalty payments. Proprietary information submitted is 
protected, and there are no questions of a sensitive nature included in 
this information collection.
    Frequency: Monthly.
    Estimated Number and Description of Respondents: 114 reporters of 
139 producing solid mineral mines; 68 of which are Federal coal mines 
and 4 of which are Indian coal mines.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 1,747 
hours.
    We are revising this ICR to include reporting requirements (30 CFR 
206, 210.57, and 210.353 citations) that were overlooked in the 
original submission, and we are increasing the burden hours submitted 
to OMB. The number of respondents decreased because we are using the 
actual number of reporters versus the estimated number of responses in 
the original submission. In addition, there has been a significant 
reduction in producing mines and a consolidation of properties. MRM 
only requires reporters to submit information on producing mines. We 
base the number of respondents on the number of reporters for producing 
mines.
    Over the past 3 years, lessees have advised MMS that it takes more 
time to report on Form MMS-4430 than estimated in the original 
submission. We base the burden hours per response in this request on 
the average burden hours of simple and complex reporting situations 
which depend upon the point of royalty determination.
    We have not included in our estimates certain requirements 
performed in the normal course of business and considered usual and 
customary. For further clarification, we are including CFR citations in 
this ICR renewal related to the compliance process showing no 
associated burden hours. Some requests related to the compliance 
process are exempt from the PRA by determination of DOI's Office of 
Regulatory Affairs (ORA). The reason for exemption is because the MMS 
staff asks non-standard questions to resolve exceptions.
    The following chart shows the breakdown of the estimated burden 
hours by CFR section and paragraph:

[[Page 52922]]



                                                    Respondent's Estimated Annual Burden Hours Chart
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                Annual
        Citation 30 CFR                     Reporting & recordkeeping requirement                  Hour burden        Average number annual     burden
                                                                                                                            responses           hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Part 206, Subpart F--Federal Coal Valuation Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
206.254........................  Quality and quantity measurement standards for reporting    25 minutes............  816 reports...........          340
                                  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 for ad valorem leases. (b)(1) * * *        Produce records: The Office of Regulatory              0
                                  The lessee shall have the burden of demonstrating that         Affairs (ORA) determined that the audit
                                  its contract is arm's length. * * *                            process is not covered by the Paperwork
                                                                                              Reduction Act of 1995 (PRA) because MMS staff
                                                                                                  asks non-standard questions to resolve
                                                                                                                exceptions
--------------------------------
206.257(b)(3)..................  Valuation standards for ad valorem leases. (3) * * * When    Produce records: The ORA determined thawt the            0
                                  MMS determines that the value may be unreasonable, MMS          audit process is notcovered by the PRA
                                  will notify the lessee and give the lessee an opportunity   because MMS staff asks non-standard questions
                                  to provide written information justifying the lessee's                  to resolve exceptions
                                  reported coal value.
--------------------------------
206.257(b)(4)..................  Valuation standards for ad valorem leases. (4) The MMS may    Produce records: The ORA determined that the            0
                                  require a lessee to certify that its arm's-length              audit process is not covered by the PRA
                                  contract provisions include all of the consideration to     because MMS staff asks non-standard questions
                                  be paid by the buyer, either directly or indirectly, for                to resolve exceptions
                                  the coal production.
--------------------------------
206.257(d)(2)..................  Valuation standards for ad valorem leases. (2) Any Federal    Produce records: The ORA determined that the            0
                                  lessee will make available upon request to the authorized      audit process is not covered by the PRA
                                  MMS or State representatives, to the Inspector General of   because MMS staff asks non-standard questions
                                  the Department of the Interior or other persons                         to resolve exceptions
                                  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.
--------------------------------
                                                  Part 206, Subpart F--Federal Coal Washing Allowances
--------------------------------------------------------------------------------------------------------------------------------------------------------
206.259(a)(1)..................  Determination of washing allowances. (a) Arm's-length         Produce records: The ORA determined that the            0
                                  contracts. (1) * * * The lessee shall have the burden of       audit process is not covered by the PRA
                                  demonstrating that its contract is arm's-length. * * *      because MMS staff asks non-standard questions
                                                                                                          to resolve exceptions
--------------------------------
206.259(a)(1)..................  Determination of washing allowances. (a) Arm's-length       20 minutes............  12 lines..............            4
                                  contracts. (1) * * * the washing allowance shall be the
                                  reasonable actual costs incurred by the lessee for
                                  washing the coal. * * *
--------------------------------
206.259(a)(3)..................  Determination of washing allowances. (a) Arm's-length         Produce records: The ORA determined that the            0
                                  contracts. * * * (3) * * * When MMS determines that the        audit process is not covered by the PRA
                                  value of the washing may be unreasonable, MMS will notify   because MMS staff asks non-standard questions
                                  the lessee and give the lessee an opportunity to provide                to resolve exceptions
                                  written information justifying the lessee's washing
                                  costs.
--------------------------------
206.259(b)(1)..................  Determination of washing allowances. (b) Non-arm's-length   45 minutes............  48 lines..............           36
                                  or no contract. (1) * * * the washing allowance will be
                                  based upon the lessee's reasonable actual costs. * * *
--------------------------------

[[Page 52923]]

 
206.259(c)(1)(i)...............  Determination of washing allowances. (c) Reporting            Burden hours covered under Sec.   210.201.              0
                                  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 washing allowances. (c) Reporting           Produce records: The ORA determined that the             0
                                  requirements--(1) Arm's-length contracts. * * * (ii) The       audit process is not covered by the PRA
                                  MMS may require that a lessee submit arm's-length washing   because MMS staff asks non-standard questions
                                  contracts and related documents. * * *                                  to resolve exceptions
--------------------------------
206.259(c)(2)(i)...............  Determination of washing allowances. (c) Reporting             Burden hours covered under Sec.   210.201              0
                                  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 washing allowances. (c) Reporting            Produce records: The ORA determined that the            0
                                  requirements--* * * (2) Non-arm's-length or no contract.       audit process is not covered by the PRA
                                  * * * (iii) Upon request by MMS, the lessee shall submit    because MMS staff asks non-standard questions
                                  all data used to prepare the allowance deduction. * * *                 to resolve exceptions
--------------------------------
206.259(e)(2)..................  Determination of washing allowances. (e) Adjustments. * *      Burden hours covered under Sec.   210.201.             0
                                  * (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.
--------------------------------
                                               Part 206, Subpart F--Federal Coal Transportation Allowances
--------------------------------------------------------------------------------------------------------------------------------------------------------
206.262(a)(1)..................  Determination of transportation allowances. (a) Arm's-        Produce records: The ORA determined that the            0
                                  length contracts. (1) * * * The lessee shall have the          audit process is not covered by the PRA
                                  burden of demonstrating that its contract is process is     because MMS staff asks non-standard questions
                                  arm's-length * * *.                                                     to resolve exceptions
--------------------------------
206.262(a)(1)..................  Determination of transportation allowances. (a) Arm's-      20 minutes............  240 lines.............           80
                                  length contracts. (1) * * * the transportation allowance
                                  shall be the reasonable actual costs incurred by the
                                  lessee for transporting the coal * * *.
--------------------------------
206.262(a)(3)..................  Determination of transportation allowances. (a) Arm's-       Produce Records: The ORA determined that the             0
                                  length contracts.* * * (3) * * * When MMS determines that      audit process is not covered by the PRA
                                  the value of the transportation may be unreasonable, MMS    because MMS staff asks non-standard questions
                                  will notify the lessee and give the lessee an opportunity               to resolve exceptions
                                  to provide written information justifying the lessee's
                                  transportation costs.
--------------------------------
206.262(b)(1)..................  Determination of transportation allowances. (b) Non-arm's-  45 minutes............  24 lines..............           18
                                  length or no contract.--(1) * * * the transportation
                                  allowance will be based upon the lessee's reasonable
                                  actual costs. * * *
--------------------------------

[[Page 52924]]

 
206.262(c)(1)(i)...............  Determination of transportation allowances. (c) Reporting      Burden hours covered under Sec.   210.201              0
                                  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 transportation allowances. (c) Reporting     Produce Records The ORA determined that the             0
                                  requirements--(1) Arm's-length contracts. * * * (ii) The       audit process is not covered by the PRA
                                  MMS may require that a lessee submit arm's-length           because MMS staff asks non-standard questions
                                  transportation contracts, production agreements,                        to resolve exceptions
                                  operating agreements, and related documents. * * *
--------------------------------
206.262(c)(2)(i)...............  Determination of transportation allowances. (c) Reporting      Burden hours covered under Sec.   210.201.             0
                                  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 transportation allowances. (c) Reporting     Produce Records The ORA determined that the             0
                                  requirements--(2) Non-arm's-length or no contract. * * *       audit process is not covered by the PRA
                                  (iii) Upon request by MMS, the lessee shall submit all      because MMS staff asks non-standard questions
                                  data used to prepare the allowance deduction. * * *                     to resolve exceptions
--------------------------------
206.262(e)(2)..................  Determination of transportation allowances. (e)               Burden hours covered under Sec.   210.201.              0
                                  Adjustments. * * * (2) The lessee must submit a corrected
                                  Form MMS-4430 to reflect actual costs, together with any
                                  payments, in accordance with instructions provided by
                                  MMS.
--------------------------------

[[Page 52925]]

 
                                                  Part 206, Subpart J--Indian Coal Valuation Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
206.453........................  Quality and quantity measurement standards for reporting    25 minutes............  48 reports............           20
                                  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 for ad valorem leases. (b)(1) * * *       Produce Records The ORA determined that the             0
                                  The lessee shall have the burden of demonstrating that         audit process is not covered by the PRA
                                  its contract is arm's-length. * * *                         because MMS staff asks non-standard questions
                                                                                                          to resolve exceptions.
--------------------------------
206.456(b)(3)..................  Valuation standards for ad valorem leases. (b)(3) * * *      Produce Records: The ORA determined that the             0
                                  When MMS determines that the value may be unreasonable,        audit process is not covered by the PRA
                                  MMS will notify the lessee and give the lessee an           because MMS staff asks non-standard questions
                                  opportunity to provide written information justifying the               to resolve exceptions
                                  lessee's reported coal value.
--------------------------------
206.456(b)(4)..................  Valuation standards for ad valorem leases. (b)(4) MMS may     Produce Records The ORA determined that the             0
                                  require a lessee to certify that its arm's-length              audit process is not covered by the PRA
                                  contract provisions include all of the consideration to     because MMS staff asks non-standard questions
                                  be paid by the buyer, either directly or indirectly, for                to resolve exceptions
                                  the coal production.
--------------------------------
206.456 (d)(2).................  Valuation standards for ad valorem leases. (d)(2) An         Produce records: The ORA determined that the             0
                                  Indian lessee will make available upon request to the          audit process is not covered by the PRA
                                  authorized MMS or Indian representatives, or to the         because MMS staff asks non-standard questions
                                  Inspector General of the Department of the Interior or                  to resolve exceptions
                                  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.
--------------------------------
                                                   Part 206, Subpart J--Indian Coal Washing Allowances
--------------------------------------------------------------------------------------------------------------------------------------------------------
206.458(a)(1)..................  Determination of washing allowances. (a) Arm's-length       Burden covered by OMB Control Number 1010-0074            0
                                  contracts. (1) * * * the washing allowance shall be the
                                  reasonable actual costs incurred by the lessee for
                                  washing the coal * * *. 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 washing allowances. (a) Arm's-length        Produce records: The ORA determined that the             0
                                  contracts. * * * (3) * * * When MMS determines that the        audit process is not covered by the PRA
                                  value of the washing may be unreasonable, MMS will notify   because MMS staff asks non-standard questions
                                  the lessee and give the lessee an opportunity to provide                to resolve exceptions
                                  written information justifying the lessee's washing
                                  costs.
--------------------------------
206.458(b)(1)..................  Determination of washing allowances. (b) Non-arm's-length   Burden covered by OMB Control Number 1010-0074            0
                                  or no contract. (1) * * * the washing allowance will be
                                  based upon the lessee's reasonable actual costs. * * *
                                  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. * * *
--------------------------------

[[Page 52926]]

 
206.458(c)(1)(i)...............  Determination of washing allowances. (c) Reporting          Burden covered by OMB Control Number 1010-0074            0
                                  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 washing allowances. (c) Reporting            Burden covered by OMB0 Control Number 1010-             0
                                  requirements. (1) Arm's-length contracts. * * * (iii)                           0074.
                                  After the 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 washing allowances. (c) Reporting           Produce records: The ORA determined that the             0
                                  requirements. (1) Arm's-length contracts. * * * (iv) MMS       audit process is not covered by the PRA
                                  may require that a lessee submit arm's-length washing       because MMS staff asks non-standard questions
                                  contracts and related documents. * * *                                  to resolve exceptions
--------------------------------
206.458(c)(2)(i)...............  Determination of washing allowances. (c) Reporting          Burden covered by OMB Control Number 1010-0074            0
                                  requirements. * * * (2)Non-arm's-length or no contract.
                                  (i) With the exception of those washing allowances
                                  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 washing allowances. (c) Reporting          Burden covered by OMB Control Number 1010-0074            0
                                  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).
--------------------------------
206.458(c)(2)(vi)..............  Determination of washing allowances. (c) Reporting           Produce records: The ORA determined that the             0
                                  requirements. * * * (2) Non-arm's-length or no contract.       audit process is not covered by the PRA
                                  * * * (vi) Upon request by MMS, the lessee shall submit     because MMS staff asks non-standard questions
                                  all data used by the lessee to prepare its Forms MMS-4292               to resolve exceptions
                                  * * *.
--------------------------------
206.458(c)(4)..................  Determination of washing allowances. (c) Reporting             Burden hours covered under Sec.   210.201              0
                                  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 washing allowances. (e) Adjustments. * *      Burden hours covered under Sec.   210.201              0
                                  * (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 52927]]

 
                                               Part 206, Subpart J--Indian Coal Transportation Allowances
--------------------------------------------------------------------------------------------------------------------------------------------------------
206.461(a)(1)..................  Determination of transportation allowances. (a) Arm's-      Burden covered by OMB Control Number 1010-0074            0
                                  length contracts. (1) * * * the transportation allowance
                                  shall be the reasonable, actual costs incurred by the
                                  lessee for transporting the coal * * *. 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 transportation allowances. (a) Arm's-       Produce records: The ORA determined that the             0
                                  length contracts.* * * (3) * * * When MMS determines that      audit process is not covered by the PRA
                                  the value of the transportation may be unreasonable, MMS    because MMS staff asks non-standard questions
                                  will notify the lessee and give the lessee an opportunity               to resolve exceptions
                                  to provide written information justifying the lessee's
                                  transportation costs.
--------------------------------
206.461(b)(1)..................  Determination of transportation allowances. (b) Non-arm's-  Burden covered by OMB Control Number 1010-0074            0
                                  length or no contract. (1) * * * the transportation
                                  allowance will be based upon the lessee's reasonable
                                  actual costs * * *. 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 transportation allowances. (c) Reporting   Burden covered by OMB Control Number 1010-0074            0
                                  requirements. (1) 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.
--------------------------------

[[Page 52928]]

 
206.461(c)(1)(iii).............  Determination of transportation allowances. (c) Reporting   Burden covered by OMB Control Number 1010-0074            0
                                  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 transportation allowances. (c) Reporting    Produce records: The ORA determined that the             0
                                  requirements. (1) Arm's-length contracts.* * * (iv) MMS        audit process is not covered by the PRA
                                  may require that a lessee submit arm's-length               because MMS staff asks non-standard questions
                                  transportation contracts, production agreements,                        to resolve exceptions
                                  operating agreements, and related documents.* * *
206.461(c)(2)(i)...............  Determination of transportation allowances. (c) Reporting   Burden covered by OMB Control Number 1010-0074            0
                                  requirements. * * * (2) Non-arm's-length or no contract.
                                  (i) With the 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 transportation allowances. (c) Reporting     Burden covered by OMB0 Control Number 1010-             0
                                  requirements. * * * (2) Non-arm's-length or no contract.*                        0074
                                  * * (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 transportation allowances. (c) Reporting    Produce records: (1) The ORA determined that             0
                                  requirements. * * * (2) Non-arm's-length or no contract.     the audit process is not covered by the PRA
                                  * * * (vi) Upon request by MMS, the lessee shall submit     because MMS staff asks non-standard questions
                                  all data used to prepare its Form MMS-4293 * * *                        to resolve exceptions
--------------------------------
206.461(c)(4)..................  Determination of transportation allowances. (c) Reporting      Burden hours covered under Sec.   210.201              0
                                  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 transportation allowances. (e)                Burden hours covered under Sec.   210.201              0
                                  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
--------------------------------
                                                 Part 210, Subpart B--Oil, Gas, and OCS Sulfur--General
--------------------------------------------------------------------------------------------------------------------------------------------------------
210.52(a)......................  Report of sales and royalty remittance. (a) You must        Burden covered by OMB Control Number 1010-0140            0
                                  submit a completed Form MMS-2014 (Report of Sales and
                                  Royalty Remittance) to MMS with: * * *
--------------------------------
                                                      Part 210, Subpart E--Solid Minerals, General
--------------------------------------------------------------------------------------------------------------------------------------------------------
210.201........................  How do I submit Form MMS-4430, Solid Minerals Production    30 minutes............  1,668 reports.........          834
                                  and Royalty Report? (a) What to submit. (1) You must
                                  submit a completed Form MMS-4430 for-- * * *. (Burden
                                  hours for citations, 206.259(c)(1)(i), 206.259(c)(2)(i),
                                  206.259(e)(2), 206.262(c)(1)(i), 206.262(c)(2)(i),
                                  206.262(e)(2), 206.458(c)(4), 206.458(e)(2),
                                  206.461(c)(4), and 206.461(e)(2), are included in this
                                  citation's burden hours due to the submission process.)
--------------------------------

[[Page 52929]]

 
210.202........................  How do I submit sales summaries? (a) What to submit. (1)    15 minutes............  1,140 sales summaries.          285
                                  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 contracts? (a) What to submit. You    1 hour................  30 sales contracts....           30
                                  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 facility data? (a) What to submit. (1) You  15 minutes............  360 facility data                90
                                  must submit facility data if you operate a wash plant,                              submissions.
                                  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 additional documents or evidence to    Produce records: The ORA determined that the             0
                                  MMS? (a) Federal and Indian lease terms allow us to            audit process is not covered by the PRA
                                  request detailed statements, documents, or other evidence   because MMS staff asks non-standard questions
                                  necessary to verify compliance * * *. (b) We will request               to resolve exceptions
                                  this additional information as we need it * * *
--------------------------------
                                                        Part 210, Subpart H--Geothermal Resources
--------------------------------------------------------------------------------------------------------------------------------------------------------
210.351........................  Required recordkeeping. * * * [Geothermal] Records may be     Maintain records: Burden covered under OMB              0
                                  maintained on microfilm, microfiche, or other recorded                        1010-0140
                                  media that are easily reproducible and readable. * * *
--------------------------------
210.352........................  Payor information forms. [geothermal] The Payor                   This form is no longer used by MMS                  0
                                  Information Form (Form MMS-4025) must be filed for each
                                  Federal lease on which geothermal royalties (including
                                  byproduct royalties) are paid. * * *
--------------------------------
210.353........................  Special forms and reports. [geothermal] The MMS may         1 hour................  1 submission..........            1
                                  require submission of additional information on special
                                  forms or reports. * * *
--------------------------------
210.354........................  Monthly report of sales and royalty. A completed Report of  Burden covered by OMB Control Number 1010-0140            0
                                  Sales and Royalty Remittance (Form MMS-2014) must be
                                  submitted each month once sales or utilization of
                                  [geothermal] production occur, * * *.
--------------------------------
                                                        Part 218, Subpart B--Oil and Gas, General
--------------------------------------------------------------------------------------------------------------------------------------------------------
218.52(a) and (c)..............  How does a lessee designate a Designee? (a) If you are a    Burden covered by OMB Control Number 1010-0107            0
                                  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
                                  * * *.
--------------------------------
218.57(a)(2)...................  Providing information and claiming rewards. (a) General. *  30 minutes............  1 submission..........          0.5
                                  * * (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)(i)................  Providing information and claiming rewards. (b) Claim for   30 minutes............  1 submission..........          0.5
                                  reward. * * * (3) To file a claim for reward the
                                  informant must: (i) Notify the Director, MMS * * * that
                                  he/she is claiming a reward.
--------------------------------

[[Page 52930]]

 
                                                      Part 218, Subpart E--Solid Minerals--General
--------------------------------------------------------------------------------------------------------------------------------------------------------
218.201(b).....................  Method of payment. You must tender all payments * * *,      20 seconds............  1,368 payments........            8
                                  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 burden.............  ..........................................................  ......................  5,757.................        1,747
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost 
Burden: We have identified no ``non-hour'' cost burdens.
    Public Disclosure Statement: The PRA (44 U.S.C. 3501, et seq.) 
provides that an agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information unless it displays a 
currently valid OMB Control Number.
    Comments: Section 3506(c)(2)(A) of the PRA requires each agency ``* 
* * to provide notice * * * and otherwise consult with members of the 
public and affected agencies concerning each proposed collection of 
information * * *.'' Agencies must specifically solicit comments to: 
(a) Evaluate whether the proposed collection of information is 
necessary for the agency to perform its duties, including whether the 
information is useful; (b) evaluate the accuracy of the agency's 
estimate of the burden of the proposed collection of information; (c) 
enhance the quality, usefulness, and clarity of the information to be 
collected; and (d) minimize the burden on the respondents, including 
the use of automated collection techniques or other forms of 
information technology.
    To comply with the public consultation process, we published a 
notice in the Federal Register on March 8, 2004 (69 FR 10746), 
announcing that we would submit this ICR to OMB for approval. The 
notice provided the required 60-day comment period. We received no 
written comments in response to the notice. However, in addition to the 
notice, we interviewed 9 companies and received 2 comments. These can 
be viewed at our Web site http://www.mrm.mms.gov/Laws_R_D/InfoColl/InfoColCom.htm.
    If you wish to comment in response to this notice, you may send 
your comments to the offices listed under the ADDRESSES section of this 
notice. OMB has up to 60 days to approve or disapprove the information 
collection but may respond after 30 days. Therefore, to ensure maximum 
consideration, OMB should receive public comments by September 29, 
2004.
    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/InfoColl/InfoColCom.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. 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 Information Collection Clearance Officer: Arlene Bajusz (202) 
208-7744.

    Dated: July 30, 2004.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 04-19652 Filed 8-27-04; 8:45 am]
BILLING CODE 4310-MR-P