[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53655-53661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23176]


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DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

[Docket No. ONRR-2011-0025; DS63644200 DRT000000.CH7000 190D1113RT, OMB 
Control Number 1012-0003]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; 30 CFR Parts 
1227, 1228, and 1229, Delegated and Cooperative Activities With States 
and Indian Tribes

AGENCY: Office of the Secretary, Office of Natural Resources Revenue, 
Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the Office of Natural Resources Revenue (ONRR), are proposing to renew 
an information collection.

DATES: Interested persons are invited to submit comments on or before 
November 23, 2018.

ADDRESSES: Send written comments on this information collection request 
(ICR) to the Office of Management and Budget's Desk Officer for the 
Department of the Interior by email at [email protected]; or 
via facsimile to (202) 395-5806. Please provide a copy of your comments 
to Mr. Luis Aguilar, Regulatory Specialist, ONRR, P.O. Box 25165, MS 
61030A, Denver, Colorado 80225-0165, or email to [email protected]. 
Please reference OMB Control Number 1012-0003 in your comments.

FOR FURTHER INFORMATION CONTACT: For questions on technical issues, 
contact Peter Hanley, STRAC Administration, ONRR, telephone (303) 231-
3721, or

[[Page 53656]]

email [email protected]. For other questions, contact Mr. Luis 
Aguilar, telephone (303) 231-3418, or email [email protected]. You 
may also contact Mr. Aguilar to obtain copies (free of charge) of (1) 
the ICR, (2) any associated forms, and (3) the regulations that require 
the subject collection of information. You may also review the 
information collection request online at http://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, we provide the general public and other Federal agencies 
with an opportunity to comment on new, proposed, revised, and 
continuing collections of information. This helps us assess the impact 
of our information collection requirements and minimize the public's 
reporting burden. It also helps the public understand our information 
collection requirements and provide the requested data in the desired 
format.
    A Federal Register notice with a 60-day public comment period 
soliciting comments on this collection of information was published on 
June 5, 2018 (83 FR 26081); no comments were received.
    We are again soliciting comments on the proposed ICR that is 
described below. We are especially interested in public comment 
addressing the following issues: (1) Is the collection necessary to the 
proper functions of the ONRR; (2) will this information be processed 
and used in a timely manner; (3) is the estimate of burden accurate; 
(4) how might the ONRR enhance the quality, utility, and clarity of the 
information to be collected; and (5) how might the ONRR minimize the 
burden of this collection on the respondents, including through the use 
of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. Before including your address, phone number, email 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.
    Abstract: The Secretary of the Interior is responsible for mineral 
resource development on Federal and Indian lands and the Outer 
Continental Shelf (OCS). Under various laws, the Secretary's 
responsibility is to manage mineral resources production on Federal and 
Indian lands and the OCS, collect the royalties and other mineral 
revenues due, and distribute the funds collected. ONRR performs the 
royalty management functions and assists the Secretary in carrying out 
the Department's responsibilities. We have posted those laws pertaining 
to mineral leases on Federal and Indian lands and the OCS at http://www.onrr.gov/Laws_R_D/PubLaws/default.htm.

General Information

    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 in an 
amount or value of production from the leased lands. The lessee is 
required to report various kinds of information to the lessor relative 
to the disposition of the minerals. Such information is generally 
available within the records of the lessee or others involved in 
developing, transporting, processing, purchasing, or selling of such 
minerals. The information that ONRR collects includes data necessary to 
ensure that the lessee accurately values the production and 
appropriately pays all royalties and other mineral revenues due.
    The Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), as 
amended by sections 3, 4, and 8 [for Federal lands] of the Federal Oil 
and Gas Royalty Simplification and Fairness Act of 1996, authorizes the 
Secretary to develop delegated and cooperative agreements with States 
(section 205) and Indian Tribes (section 202) to carry out certain 
inspection, auditing, investigation, and limited enforcement activities 
for oil and gas leases in their jurisdictions. The States and Indian 
Tribes are working partners with ONRR and are an integral part of the 
overall onshore and offshore compliance effort. The Appropriations Act 
of 1992 also authorizes the States and Indian Tribes to perform the 
same functions for coal and other solid mineral leases.

Information Collections

    This Information Collection Request (ICR) covers the paperwork 
requirements in the regulations under title 30, Code of Federal 
Regulations (CFR), parts 1227, 1228, and 1229. This collection of 
information is necessary in order for States and Indian Tribes to 
conduct audits and related investigations of Federal and Indian oil, 
gas, coal, any other solid minerals, and geothermal royalty revenues 
from Federal and Tribal leased lands. Relevant parts of the regulations 
include 30 CFR parts 1227, 1228, and 1229, as described below:
    Title 30 CFR part 1227--Delegation to States, provides procedures 
to delegate certain Federal minerals revenue management functions to 
States for Federal oil and gas leases. The regulations provide only 
audit and investigation functions to States for Federal geothermal and 
solid mineral leases, and leases subject to section 8(g) of the OCS 
Lands Act, within their respective State boundaries. To be considered 
for such delegation, States must submit a written proposal to ONRR, 
which ONRR must approve. States also must provide quarterly 
reimbursement vouchers and reports concerning the activities under the 
delegation to ONRR.
    Title 30 CFR part 1228--Cooperative Activities with States and 
Indian Tribes, provides procedures for Indian Tribes to carry out 
audits and related investigations of their respective leased lands. 
Indian Tribes must submit a written proposal to ONRR in order to enter 
into a cooperative agreement. The proposal must outline the activities 
that the Tribe will undertake and must present evidence that the Tribe 
can meet the standards of the Secretary to conduct these activities. 
The Tribes also must submit an annual work plan and budget, as well as 
quarterly reimbursement vouchers.
    Title 30 CFR part 1229--Delegation to States, provides procedures 
for States to carry out audits and related investigations of leased 
Indian lands within their respective State boundaries, by permission of 
the respective Indian Tribal councils or individual Indian mineral 
owners. The State must receive the Secretary's delegation of authority 
and submit annual audit work plans detailing its audits and related 
investigations, annual budgets, and quarterly reimbursement vouchers. 
The State also must maintain records.

OMB Approval

    We will request OMB approval to continue to collect this 
information. Not collecting this information would limit the 
Secretary's ability to discharge the duties of the office and may also 
result in the inability to confirm the accurate royalty value. ONRR 
protects any proprietary information received under this collection and 
does not collect items of a sensitive nature. States and Tribes must 
respond in order to obtain the benefit of entering into a cooperative 
agreement with the Secretary.
    Title of Collection: 30 CFR parts 1227, 1228, and 1229, Delegated 
and

[[Page 53657]]

Cooperative Activities with States and Indian Tribes.
    OMB Control Number: 1012-0003.
    Form Numbers: None.
    Type of Review: Extension of currently approved collection.
    Respondents/Affected Public: States and Indian Tribes.
    Total Estimated Number of Annual Respondents: 9 States and 6 Indian 
Tribes.
    Total Estimated Number of Annual Responses: 210.
    Estimated Completion Time per Response: 75.50 hrs.
    Total Estimated Number of Annual Burden Hours: 16,697 hours.
    Respondent's Obligation: Required to obtain or retain benefit.
    Frequency of Collection: Based on the functions performed, 
responses are monthly, quarterly, annually, on occasion, and varied.
    Total Estimated Annual Non-hour Burden Cost: We have identified no 
``non-hour cost'' burden associated with this collection of 
information.
    We have not included in our estimates certain usual and customary 
requirements that States and Tribes perform in the normal course of 
business. This 30-day Federal Register notice burden chart shows an 
adjustment decrease of -1,008 burden hours from the previous 30-day 
notice published August 25, 2015 (80 FR 51597). The following table 
shows the estimated burden hours by CFR section and paragraph:

                                                       Respondents' Estimated Annual Burden Hours
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                                                                                                                             Number of
             30 CFR section                          Reporting and recordkeeping requirements               Hour burden       annual       Annual burden
                                                                                                           per response      responses         hours
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                                                             Part 1227--Delegation to States
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                                                                  Delegation Proposals
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1227.103; 107; 109; 110(a-b(1)); 110(c-   What must a State's delegation proposal contain?                           200               1             200
 e); 111(a-b); 805.                       If you want ONRR to delegate royalty management functions to
                                           you, then you must submit a delegation proposal to the ONRR
                                           Deputy Director. ONRR will provide you with technical
                                           assistance and information to help you prepare your
                                           delegation proposal. . . .
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                                                                   Delegation Process
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1227.110(b)(2)..........................  (b)(2) If you want to change the terms of your delegation                   16              11             176
                                           agreement for the renewal period, you must submit a new
                                           delegation proposal under this part.
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                                                                  Existing Delegations
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                                                                      Compensation
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1227.112(d) and (e).....................  What compensation will a State receive to perform delegated                  4              64             256
                                           functions?
                                          You will receive compensation for your costs to perform each
                                           delegated function subject to the following conditions . . .
                                          (d) At a minimum, you must provide vouchers detailing your
                                           expenditures quarterly during the fiscal year. However, you
                                           may agree to provide vouchers on a monthly basis in your
                                           delegation agreement . . .
                                          (e) You must maintain adequate books and records to support
                                           your vouchers . . .
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                                                 States' Responsibilities to Perform Delegated Functions
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1227.200(a), (b), (c) and (d)...........  What are a State's general responsibilities if it accepts a                940               9           8,460
                                           delegation?
                                          For each delegated function you perform, you must: (a) . . .
                                           seek information or guidance from ONRR regarding new,
                                           complex, or unique issues. . . .
                                          (b)(1) . . . Provide complete disclosure of financial results
                                           of activities;
                                          (2) Maintain correct and accurate records of all mineral-
                                           related transactions and accounts;
                                          (3) Maintain effective controls and accountability;
                                          (4) Maintain a system of accounts . . .
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                                          (5) Maintain adequate royalty and production information . . .
                                          (c) Assist ONRR in meeting the requirements of the Government
                                           Performance and Results Act
                                          (GPRA) . . .
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[[Page 53658]]

 
                                          ..............................................................
                                          (d) Maintain all records you obtain or create under your
                                           delegated function, such as royalty reports, production
                                           reports, and other related information. . . . You must
                                           maintain such records for at least 7 years. . . .
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1227.200(e); 801(a); 804................  (e) Provide reports to ONRR about your activities under your                 3              40             120
                                           delegated functions . . . At a minimum, you must provide
                                           periodic statistical reports to ONRR summarizing the
                                           activities you carried out . . .
1227.200(f); 401(e); 601(d).............  (f) Assist ONRR in maintaining adequate reference, royalty,                  1               1               1
                                           and production databases. . . .
1227.200(g); 301(e).....................  (g) Develop annual work plans. . .                                          60               9             540
1227.200(h).............................  (h) Help ONRR respond to requests for information from other                 8               9              72
                                           Federal agencies, Congress, and the public . . .
1227.400(a)(4) and (a)(6); 401(d);        What functions may a State perform in processing production                  1               1               1
 501(c).                                   reports or royalty reports?
                                          Production reporters or royalty reporters provide production,
                                           sales, and royalty information on mineral production from
                                           leases that must be collected, analyzed, and corrected.
                                          (a) If you request delegation of either production report or
                                           royalty report processing functions, you must perform . . .
                                          (4) Timely transmitting production report or royalty report
                                           data to ONRR and other affected Federal agencies . . .
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                                          (6) Providing production data or royalty data to ONRR and
                                           other affected Federal agencies. . . .
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1227.400(c).............................  (c) You must provide ONRR with a copy of any exceptions from                 1               1               1
                                           reporting and payment requirements for marginal properties
                                           and any alternative royalty and payment requirements for unit
                                           agreements and communitization agreements you approve.
1227.601(c).............................  What are a State's responsibilities if it performs automated                 1               1               1
                                           verification?
                                          To perform automated verification of production reports or
                                           royalty reports, you must . . .
                                          (c) Maintain all documentation and logging procedures . . .
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                                                                   Performance Review
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    Subtotal Burden for 30 CFR part 1227  ..............................................................  ..............             147           9,828
                                           ...........................................
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                                             Part 1228--Cooperative Activities With States and Indian Tribes
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                                                             Subpart C--Oil and Gas, Onshore
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1228.100(a) and (b); 101(c); 107(b).....  Entering into an agreement.                                                200               1             200
                                          (a) . . . Indian Tribe may request the Department to enter
                                           into a cooperative agreement by sending a letter from . . .
                                           tribal chairman . . . to the Director of ONRR.
                                          (b) The request for an agreement shall be in a format
                                           prescribed by ONRR and should include at a minimum the
                                           following information:
                                          (1) Type of eligible activities to be undertaken.
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                                          (2) Proposed term of the agreement.
                                          (3) Evidence that . . . Indian Tribe meets, or can meet by the
                                           time the agreement is in effect . . .
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                                          (4) If the State is proposing to undertake activities on
                                           Indian lands located within the State, a resolution from the
                                           appropriate tribal council indicating their agreement to
                                           delegate to the State responsibilities under the terms of the
                                           cooperative agreement for activities to be conducted on
                                           tribal or allotted land.
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[[Page 53659]]

 
1228.101(a).............................  Terms of agreement.                                                         15               6              90
                                          (a) Agreements entered into under this part shall be valid for
                                           a period of 3 years and shall be renewable . . . upon request
                                           of . . . Indian Tribe. . . .
1228.101(d).............................  (d) . . . Indian Tribe will be given 60 days to respond to the              80               1              80
                                           notice of deficiencies and to provide a plan for correction
                                           of those deficiencies. . . .
1228.103(a) and (b).....................  Maintenance of records.                                                    940               6           5,640
                                          (a) . . . Indian Tribe entering into a cooperative agreement
                                           under this part must retain all records, reports, working
                                           papers, and any backup materials . . .
                                          (b) . . . Indian Tribe shall maintain all books and records .
                                           . .
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1228.105(a)(1) and (a)(2)...............  Funding of cooperative agreements.                                          60               6             360
                                          (a)(1) The Department may, under the terms of the cooperative
                                           agreement, reimburse . . . Indian Tribe up to 100 percent of
                                           the costs of eligible activities. Eligible activities will be
                                           agreed upon annually upon the submission and approval of a
                                           work plan and funding requirement.
                                          (2) A cooperative agreement may be entered into with . . .
                                           Indian Tribe, upon request, without a requirement for
                                           reimbursement of costs by the Department.
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1228.105(c).............................  (c) . . . Indian Tribe shall submit a voucher for                           20              24             480
                                           reimbursement of eligible costs incurred within 30 days of
                                           the end of each calendar quarter. . . . Indian Tribe must
                                           provide the Department a summary of costs incurred, for
                                           which. . . Indian Tribe is seeking reimbursement, with the
                                           voucher.
                                                                                                         -----------------------------------------------
    Subtotal Burden for 30 CFR Part 1228  ..............................................................  ..............              44           6,850
                                           ........................................
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                                                             Part 1229--Delegation to States
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                                                             Subpart C--Oil and Gas, Onshore
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                                                              Administration of Delegations
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1229.100(a)(1) and (a)(2)...............  Authorities and responsibilities subject to delegation.                      1               1               1
                                          (a) All or part of the following authorities and
                                           responsibilities of the Secretary under the Act may be
                                           delegated to a State authority:
                                          (1) Conduct of audits related to oil and gas royalty payments
                                           made to the Office of Natural Resources Revenue (ONRR) which
                                           are attributable to leased . . . Indian lands within the
                                           State. Delegations with respect to any Indian lands require
                                           the written permission, subject to the review of the ONRR, of
                                           the affected Indian Tribe or allottee.
                                          (2) Conduct of investigation related to oil and gas royalty
                                           payments made to the ONRR which are attributable to . . .
                                           Indian lands within the State. Delegation with respect to any
                                           Indian lands require the written permission, subject to the
                                           review of the ONRR, of the affected Indian Tribe or allottee.
                                           No investigation will be initiated without the specific
                                           approval of the ONRR. . . .
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1229.101(a) and (d).....................  Petition for delegation.                                                     1               1               1
                                          (a) The governor or other authorized official of any State
                                           which contains . . . Indian oil and gas leases where the
                                           Indian Tribe and allottees have given the State an
                                           affirmative indication of their desire for the State to
                                           undertake certain royalty management-related activities on
                                           their lands, may petition the Secretary to assume
                                           responsibilities to conduct audits and related investigations
                                           of royalty related matters affecting . . . Indian oil and gas
                                           leases within the State . . .
                                          (d) In the event that the Secretary denies the petition, the
                                           Secretary must provide the State with the specific reasons
                                           for denial of the petition. The State will then have 60 days
                                           to either contest or correct specific deficiencies and to
                                           reapply for a delegation of authority.
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[[Page 53660]]

 
1229.102(c).............................  Fact-finding and hearings.                                                   1               1               1
                                          (c) A State petitioning for a delegation of authority shall be
                                           given the opportunity to present testimony at a public
                                           hearing.
1229.103(c).............................  Duration of delegations; termination of delegations.                         1               1               1
                                          (c) A State may terminate a delegation of authority by giving
                                           a 120-day written notice of intent to terminate.
1229.105................................  Evidence of Indian agreement to delegation.                                  1               1               1
                                          In the case of a State seeking a delegation of authority for
                                           Indian lands . . . the State petition to the Secretary must
                                           be supported by an appropriate resolution or resolutions of
                                           tribal councils joining the State in petitioning for
                                           delegation and evidence of the agreement of individual Indian
                                           allottees whose lands would be involved in a delegation. Such
                                           evidence shall specifically speak to having the State assume
                                           delegated responsibility for specific functions related to
                                           royalty management activities.
1229.106................................  Withdrawal of Indian lands from delegated authority.                         1               1               1
                                          If at any time an Indian Tribe or an individual Indian
                                           allottee determines that it wishes to withdraw from the State
                                           delegation of authority in relation to its lands, it may do
                                           so by sending a petition of withdrawal to the State. . . .
1229.109(a).............................  Reimbursement for costs incurred by a State under the                        1               1               1
                                           delegation of authority.
                                          (a) The Department of the Interior (DOI) shall reimburse the
                                           State for 100 percent of the direct cost associated with the
                                           activities undertaken under the delegation of authority. The
                                           State shall maintain books and records in accordance with the
                                           standards established by the DOI and will provide the DOI, on
                                           a quarterly basis, a summary of costs incurred . . .
1229.109(b).............................  (b) The State shall submit a voucher for reimbursement of                    1               4               4
                                           costs incurred within 30 days of the end of each calendar
                                           quarter.
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                                                                 Delegation Requirements
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1229.120................................  Obtaining regulatory and policy guidance.                                    1               1               1
                                          All activities performed by a State under a delegation must be
                                           in full accord with all Federal laws, rules and regulations,
                                           and Secretarial and agency determinations and orders relating
                                           to the calculation, reporting, and payment of oil and gas
                                           royalties. In those cases when guidance or interpretations
                                           are necessary, the State will direct written requests for
                                           such guidance or interpretation to the appropriate ONRR
                                           officials. . . .
1229.121................................  Recordkeeping requirements.                                                  1               1               1
                                          (a) The State shall maintain in a safe and secure manner all
                                           records, workpapers, reports, and correspondence gained or
                                           developed as a consequence of audit or investigative
                                           activities conducted under the delegation . . .
                                          (b) The State must maintain in a confidential manner all data
                                           obtained from DOI sources or from payor or company sources
                                           under the
                                          delegation . . .
                                          (c) All records subject to the requirements of paragraph (a)
                                           must be maintained for a 6-year period measured from the end
                                           of the calendar year in which the records were created . . .
                                           Upon termination of a delegation, the State shall, within 90
                                           days from the date of termination, assemble all records
                                           specified in subsection (a), complete all working paper files
                                           in accordance with Sec.   229.124, and transfer such records
                                           to the ONRR.
                                          (d) The State shall maintain complete cost records for the
                                           delegation in accordance with generally accepted accounting
                                           principles. . . .
1229.122................................  Coordination of audit activities.                                            1               1               1
                                          (a) Each State with a delegation of authority shall submit
                                           annually to the ONRR an audit workplan specifically
                                           identifying leases, resources, companies, and payors
                                           scheduled for audit . . . A State may request changes to its
                                           workplan . . . at the end of each quarter of each fiscal
                                           year. All requested changes are subject to approval by the
                                           ONRR and must be submitted in writing.

[[Page 53661]]

 
                                          (b) When a State plans to audit leases of a lessee or royalty
                                           payor for which there is an ONRR or OIG resident audit team,
                                           all audit activities must be coordinated through the ONRR or
                                           OIG resident supervisor. . . .
                                          (c) The State shall consult with the ONRR and/or OIG regarding
                                           resolution of any coordination problems encountered during
                                           the conduct of delegation activities.
1229.123(b)(3)(i).......................  Standards for audit activities.                                              1               1               1
                                          (b)(3) Standards of reporting. (i) Written audit reports are
                                           to be submitted to the appropriate ONRR officials at the end
                                           of each field examination.
1229.124................................  Documentation standards.                                                     1               1               1
                                          Every audit performed by a State under a delegation of
                                           authority must meet certain documentation standards. In
                                           particular, detailed work papers must be developed and
                                           maintained.
1229.125(a) and (b).....................  Preparation and issuance of enforcement documents.                           1               1               1
                                          (a) Determinations of additional royalties due resulting from
                                           audit activities conducted under a delegation of authority
                                           must be formally communicated by the State, to the companies
                                           or other payors by an issue letter prior to any enforcement
                                           action. . . .
                                          (b) After evaluating the company or payor's response to the
                                           issue letter, the State shall draft a demand letter which
                                           will be submitted with supporting workpaper files to the ONRR
                                           for appropriate enforcement action. Any substantive revisions
                                           to the demand letter will be discussed with the State prior
                                           to issuance of the letter. . . .
1229.126(a) and (b).....................  Appeals.                                                                     1               1               1
                                          (a) . . . The State regulatory authority shall, upon the
                                           request of the ONRR, provide competent and knowledgeable
                                           staff for testimony, as well as any required documentation
                                           and analyses, in support of the lessor's position during the
                                           appeal process.
                                          (b) An affected State, upon the request of the ONRR, shall
                                           provide expert witnesses from their audit staff for testimony
                                           as well as required documentation and analyses to support the
                                           Department's position during the litigation of court cases
                                           arising from denied appeals. . . .
1229.127................................  Reports from States.                                                         1               1               1
                                          The State, acting under the authority of the Secretarial
                                           delegation, shall submit quarterly reports which will
                                           summarize activities carried out by the State during the
                                           preceding quarter of the year under the provisions of the
                                           delegation. . . .
                                                                                                         -----------------------------------------------
    Subtotal Burden for 30 CFR part 1229  ..............................................................  ..............              19              19
                                           ........................................
                                                                                                         -----------------------------------------------
    Total Burden........................  ..............................................................  ..............             210          16,697
                                           ........................................
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    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.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq).

Gregory J. Gould,
Director for Office of Natural Resources Revenue.
[FR Doc. 2018-23176 Filed 10-23-18; 8:45 am]
 BILLING CODE 4335-30-P