[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53745-53748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21863]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

[Docket No. ONRR-2011-0001; DS63644000 DRT000000.CH7000 201D1113RT; OMB 
Control Number 1012-0010]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Solid Minerals 
and Geothermal Collections

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

ACTION: Notice of information collection; request for comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Office of Natural Resources Revenue (ONRR) is proposing to renew an 
information collection with revisions. ONRR seeks renewed authority to 
collect information through four forms that lessees use to report the 
production and royalties on solid minerals and geothermal resources 
produced from Federal and Indian lands.

DATES: Interested persons are invited to submit written comments on or 
before November 7, 2019.

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 to [email protected] or 
facsimile to (202) 395-5806. Please provide a copy of your comments to 
Mr. Armand Southall, Regulatory Specialist, ONRR, P.O. Box 25165, MS 
64400B, Denver, Colorado 80225-0165, or by email to 
[email protected]. Please reference ``OMB Control Number 1012-
0010'' in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Anspach, Solid Minerals, 
ONRR, at (303) 231-3618, or email to [email protected]. You may 
also review the ICR 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.
    We published a notice, with a 60-day public comment period 
soliciting comments on this collection of information, in the Federal 
Register on May 7, 2019 (84 FR 19946). During the 60-day period, we 
specifically reached out to seven companies impacted by this ICR to 
request input. In response to the outreach, we received five responsive 
comments.
    The first comment we received stated:
    I have read Federal Register (84 FR 19946, May 7, 2019). I have no 
comments at this time.
    The second comment we received stated:

[[Page 53746]]

    I have read through the Federal Register notice that you have 
provided and have no official comments to report.
    The third comment we received stated:
    The entry of data into the system is cumbersome and with today's 
technology there should be a way to import our information into the 
system. Working within the restraints of the system tends to add 
additional time to any task. The constraints of a single PAR a day 
submission is difficult to work with. Overall system reliability seems 
to cause several down times that can make submission difficult.
    The fourth comment we received stated:
    I have read the Federal Register notice regarding OMB Control No. 
1012-0010, Solid Minerals Collections. In section I. Abstract, OMB 
Approval it states ``We protect the proprietary information that ONRR 
receives and do not collect items of a sensitive nature''. I agree with 
the first half of this sentence, however ONRR does collect items of a 
sensitive nature which are listed in section A. Solid Minerals. Thank 
you.
    The fifth comment we received stated:
    A company provided adjustments to the following parts and sections 
of the Respondents' Estimated Annual Burden Hours Chart:
    Part 1210--Forms and Reports; Subpart E--Solid Minerals, General
    Sec.  1210.201: Hour burden--0.5 hour; Average number of annual 
responses--12; Annual burden hours--6 hours.
    Sec.  1210.202: Hour burden--0.5 hour; Average number of annual 
responses--12; Annual burden hours--6 hours.
    Sec.  1210.205: Hour burden--0.5 hour; Average number of annual 
responses--12; Annual burden hours--6 hours.
    Part 1218--Collection of Royalties, Rentals, and Bonuses, and Other 
Monies Due the Federal Government; Subpart F--Geothermal Resources
    Sec.  1218.300: Hour burden--2 hours; Average number of annual 
responses--2; Annual burden hours--4 hours.
    Sec.  1218.306(a): Hour burden--3 hours; Average number of annual 
responses--3; Annual burden hours--9 hours.
    Sec.  1218.306(b): Hour burden--2 hours; Average number of annual 
responses--12; Annual burden hours--24 hours.
    Once again, we are soliciting comments on this proposed ICR that is 
described below. We are especially interested in public comment 
addressing the following issues: (1) Is the collection necessary to 
execute ONRR's proper functions; (2) will this information be processed 
and used in a timely manner; (3) is the estimate of burden hours 
accurate; (4) how might ONRR enhance the quality, usefulness, and 
clarity of the information collected; and (5) how might ONRR minimize 
the burden of this collection on the respondents, including the use of 
information technology.
    Comments that you submit in response to this notice are a matter of 
public record. Before including your personally identifiable 
information (PII), such as your address, phone number, email address, 
or other PII in your comment(s), you should be aware that your entire 
comment, including PII, may be made available to the public at any 
time. While you can ask us, in your comment, to withhold your PII from 
public view, we cannot guarantee that we will be able to do so.
    Abstract: The Secretary of the United States Department of the 
Interior is responsible for mineral resource development on Federal and 
Indian lands and the Outer Continental Shelf (OCS). Also, the Secretary 
is responsible for collecting royalty information from lessees who 
produce minerals from Federal and Indian lands and the OCS. Under 
various laws, the Secretary's responsibility is to (1) manage mineral 
resources production from Federal and Indian lands and the OCS; (2) 
collect the royalties and other mineral revenues due; and (3) 
distribute the funds collected. We have posted the laws pertaining to 
mineral leases on Federal and Indian lands and the OCS at http://www.onrr.gov/Laws_R_D/PubLaws/default.htm.
    The Secretary also has a trust responsibility to manage Indian 
lands and seek advice and information from Indian beneficiaries. ONRR 
performs the minerals revenue management functions for the Secretary 
and assists the Secretary in carrying out the Department's trust 
responsibility for Indian lands.
    You can find the information collections covered in this ICR at 30 
CFR parts:
     1202, subpart H, which pertains to geothermal resources 
royalties.
     1206, subparts F, H, and J, which pertain to product 
valuation of Federal coal, geothermal resources, and Indian coal.
     1210, subparts E and H, which pertain to production and 
royalty reports on solid minerals and geothermal resources leases.
     1212, subparts E and H, which pertain to recordkeeping of 
reports and files for solid minerals and geothermal resources leases.
     1217, subparts E, F, and G, which pertain to audits and 
inspections of coal, other solid minerals, and geothermal resources 
leases.
     1218, subparts E and F, which pertain to royalties, 
rentals, bonuses, and other monies payment for solid minerals and 
geothermal resources.
    All data reported is subject to subsequent audit and adjustment.

General Information

    When a company or an individual enters into a lease to explore, 
develop, produce, and sell, or otherwise 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, or its designee, must report various kinds of 
information to the lessor related to the disposition of the leased 
minerals. Such information is generally available within the records of 
the lessee or others involved in developing, transporting, processing, 
purchasing, or selling such minerals.

Information Collections

    ONRR, acting for the Secretary, uses the information we collect to 
ensure that lessees accurately value and appropriately pay all 
royalties and other mineral revenues due based on the correct product 
valuation. ONRR and other Federal government entities, including the 
Bureau of Land Management, the Bureau of Indian Affairs, and State and 
Tribal governmental entities, use the information for audit purposes 
and for evaluating the reasonableness of product valuation or allowance 
claims that lessees submit. Please refer to the burden hour chart for 
all reporting requirements and associated burden hours.

A. Solid Minerals

    Producers of coal and other solid minerals from any Federal or 
Indian lease must submit the Solid Minerals Production and Royalty 
Report (form ONRR-4430) and other associated data formats such as the 
Solid Minerals Sales Summary (form ONRR-4440). These companies also 
report certain data on the Report of Sales and Royalty Remittance (form 
ONRR-2014) (OMB Control Number 1012-0004). Producers of coal from any 
Indian lease must also submit the Coal Washing Allowance Report (form 
ONRR-4292) and the Coal Transportation Allowance Report (form ONRR-
4293), if they wish to claim allowances on form ONRR-4430. The 
information that ONRR requests is the minimum necessary to carry out 
our mission and places the least possible burden on respondents.

[[Page 53747]]

B. Geothermal Resources

    This ICR also covers some of the information collections for 
geothermal resources, which ONRR groups by usage (electrical 
generation, direct use, and byproduct recovery), and by disposition of 
the resources (arm's-length (unaffiliated) contract sales, non-arm's-
length contract sales, and no contract sales) within each use group. 
ONRR relies primarily on data that payors report on form ONRR-2014 for 
the majority of our business processes, including geothermal 
information. In addition to using the data to account for royalties 
that payors report, ONRR uses the data for monthly distribution of 
mineral revenues and for audit and compliance reviews.

Revisions to ICR

    In March 2019, the U.S. District Court for the Northern District of 
California vacated ONRR's 2017 repeal of its 2016 Consolidated Federal 
Oil & Gas and Federal & Indian Coal Valuation Reform Rule (2016 
Valuation Rule). By vacating ONRR's 2017 repeal, the Court reinstated 
ONRR's 2016 Valuation Rule, originally published on July 1, 2016 (81 FR 
43338), with its original effective date of January 1, 2017.
    This is an ICR with revisions because it takes into account the 
2016 Valuation Rule, which amended ONRR's Federal and Indian coal 
valuation regulations. This ICR requires revisions to note changes to 
its authority when the final rule amended 30 CFR part 1206, subparts F 
and J. The two changes relevant to this ICR are that ONRR: (1) 
Simplified and improved the valuation of coal disposed of in a non-
arm's-length transaction and no-sale situations; and (2) eliminated 
benchmarks for valuation of non-arm's-length coal sales.

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 fiduciary duties and may also result 
in the loss of royalty payments. We protect the proprietary information 
that ONRR receives and do not collect items of a sensitive nature. 
Reporters must submit forms ONRR-4430 and ONRR-4440. Also, ONRR 
requires that reporters submit forms ONRR-4292 and ONRR-4293 to claim 
allowances on form ONRR-4430.

Data

    Title of Collection: Solid Minerals and Geothermal Collections--30 
CFR parts 1202, 1206, 1210, 1212, 1217, and 1218.
    OMB Control Number: 1012-0010.
    Form Numbers: ONRR-4292, ONRR-4293, ONRR-4430, and ONRR-4440.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: Businesses.
    Total Estimated Number of Annual Respondents: 100 reporters.
    Total Estimated Number of Annual Responses: 9,422.
    Estimated Completion Time per Response: The average completion time 
is 24.65 minutes per response. The average completion time is 
calculated by first multiplying the estimated annual burden hours from 
the table below (3,871) by 60 minutes to obtain the total annual burden 
minutes (232,260). Then the total annual burden minutes (232,260) is 
divided by the estimated annual responses (9,422) from the table below.
    Total Estimated Number of Annual Burden Hours: 3,871 hours.
    Respondent's Obligation: The records maintenance and the filing of 
forms ONRR-4430 and ONRR-4440 are mandatory. The filing of forms ONRR-
4292 and ONRR-4293, and the submission of solid minerals and geothermal 
resource information that do not have an ONRR form, are required to 
obtain or retain a benefit.
    Frequency of Collection: Monthly, annually, and on occasion.
    Total Estimated Annual Nonhour Burden Cost: We have identified no 
``nonhour cost'' burden associated with this collection of information.
    We have not included in our estimates certain requirements 
companies perform in the normal course of business that ONRR considers 
usual and customary. We displayed the estimated annual burden hours by 
CFR section and paragraph in the following chart.

                                       Summary of Information Collections
----------------------------------------------------------------------------------------------------------------
                                                                                     Number of
 Information collections  (and 30      Requirement  to          Frequency of          annual       Annual burden
         CFR references*)                  respond                response           responses         hours
----------------------------------------------------------------------------------------------------------------
1. Reporting Formats:.............  Mandatory............  Monthly..............           3,579           1,531
     Form ONRR-4430, Solid
     Minerals Production and
     Royalty Report,
     Associated Data
     (facility data) [1206.258(a),
     1206.262, 1206.263(a),
     1206.264, 1206.268(c)(1) &
     (2), 1206.269(h)(1),
     1206.270(a), 1206.271(a),
     1206.451(a) & (b), 1206.455,
     1206.458(a), 1210.201,
     1210.203, 1210.204, 1218.201,
     1218.203]
     Form ONRR-4440, Solid  Mandatory............  Monthly..............             900             900
     Minerals Sales Summary
     [1201.202]
2. Allowance Forms:...............  Required to obtain a   Annually and on                     5               8
                                     benefit.               occasion.
     Form ONRR-4292, Coal
     Washing Allowance Report
     [1206.467(a)(2),
     1206.469(h)(1),
     1206.470(d)(1),
     1206.471(c)(1)]
     Form ONRR-4293, Coal   .....................  .....................               6               7
     Transportation Allowance
     Report [1206.460(a)(2),
     1206.461(c)(1),
     1206.462(h)(1),
     1206.464(c)(1) & (e),
     1206.464(c)(3)(i) & (ii)]
3. Geothermal Resources             Mandatory............  On occasion..........              48              62
 [1206.353(g), 1206.354(b)(1)(ii),
 1206.354(g), 1206.356(a)(3),
 1206.356(c), 1206.359(g),
 1206.364(a)(1); 1210.352;
 1218.306(a)(2)].
4. Recordkeeping [1206.251(a),      Mandatory............  As requested.........           4,884           1,363
 (b), & (d), 1206.253(g)(1),
 1206.453(g)(1); 1212.200(a)].
                                                                                 -------------------------------

[[Page 53748]]

 
    Total.........................  .....................  .....................           9,422           3,871
----------------------------------------------------------------------------------------------------------------
Note: Audit Process--The Office of Regulatory Affairs determined that the audit process is exempt from the
  Paperwork Reduction Act of 1995 because ONRR staff asks non-standard questions to resolve exceptions.

    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.

    Authority: Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq).

Gregory J. Gould,
Director for Office of Natural Resources Revenue.
[FR Doc. 2019-21863 Filed 10-7-19; 8:45 am]
BILLING CODE 4335-30-P