Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Notices 61519

record of each client served and 

submitted to the CoC central server at 

least once annually for purposes of 

unduplication and data analysis. 

Domestic violence providers may also 

choose to adopt a delayed data entry 

protocol whereby client records are not 

entered into the HMIS system until a set 

period of time after exit. 

CoC representatives are instructed to 

meet with domestic violence providers 

to develop and implement a method by 

which the CoC can unduplicate data 

across all providers in the HMIS. HUD 

fully supports alternative methods of 

participation by domestic violence 

providers including those that 

incorporate technological or 

administrative solutions that adequately 

protect data and allow for an accurate 

unduplicated local count of homeless 

persons and analysis of homeless data to 

meet the goals of the Congressional 

directive.

Dated: October 14, 2004. 

Patricia A. Carlile, 

Deputy Assistant Secretary for Special Needs 

Assistance.

[FR Doc. 04–23438 Filed 10–15–04; 12:08 

pm] 

BILLING CODE 4210–29–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

[NM–952–05–1420–BJ] 

Notice of Filing of Plats of Survey; New 

Mexico

AGENCY: Bureau of Land Management, 

Interior.

ACTION: Notice.

SUMMARY: The plats of survey described 

below are scheduled to be officially 

filed in the New Mexico State Office, 

Bureau of Land Management, Santa Fe, 

New Mexico, thirty (30) calendar days 

from the date of this publication.

SUPPLEMENTARY INFORMATION: 

Indian Meridian, Oklahoma 

The Plat representing the dependent 

resurvey and survey in Township 10 

North, Range 26 East, of the Arkansas 

River and Historic Riverbed, accepted 

September 28, 2004, for Group 61 

Oklahoma. 

If a protest against a survey, as shown 

on any of the above plats is received 

prior to the date of official filing, the 

filing will be stayed pending 

consideration of the protest. A plat will 

not be officially filed until the day after 

all protests have been dismissed and 

become final or appeals from the 

dismissal affirmed. 

A person or party who wishes to 

protest against any of these surveys 

must file a written protest with the New 

Mexico State Director, Bureau of Land 

Management, stating that they wish to 

protest. 

A statement of reasons for a protest 

may be filed with the notice of protest 

to the State Director, or the statement of 

reasons must be filed with the State 

Director within thirty (30) days after the 

protest is filed.

FOR FURTHER INFORMATION CONTACT:

These plats will be available for 

inspection in the New Mexico State 

Office, Bureau of Land Management, 

P.O. Box 27115, Santa Fe, New Mexico 

87502–0115. Copies may be obtained 

from this office upon payment of $1.10 

per sheet.

Dated: October 7, 2004. 

Jay Innes, 

Acting Chief Cadastral Surveyor for New 

Mexico.

[FR Doc. 04–23364 Filed 10–18–04; 8:45 am] 

BILLING CODE 4310–FB–M

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

[OR–957–00–1420–BJ: GP05–0001] 

Filing of Plats of Survey: Oregon/

Washington

AGENCY: Bureau of Land Management, 

Interior.

ACTION: Notice.

SUMMARY: The plats of survey of the 

following described lands were 

officially filed in the Oregon State 

Office, Portland, Oregon, on August 11, 

2004.

Willamette Meridian 

Oregon 

T. 29 S., R. 8 W., accepted May 20, 2004

T. 321⁄2 S., R. 33 E., accepted May 20, 2004

T. 33 S., R. 33 E., accepted May 20, 2004

T. 37 S., R. 2 E., accepted May 20, 2004

T. 39 S., R. 13 W., accepted May 20, 2004

T. 15 S., R. 8 W., accepted May 28, 2004

T. 22 S., R. 10 E., accepted May 28, 2004

T. 7 S., R. 3 E., accepted June 8, 2004

T. 9 S., R. 3 E., accepted June 8, 2004

T. 12 S., R. 2 E., accepted June 8, 2004

T. 15 S., R. 7 W., accepted June 8, 2004

T. 22 S., R. 4 W., accepted June 8, 2004

T. 1 N., R. 34 E., accepted June 24, 2004

T. 23 S., R. 3 W., accepted June 24, 2004

T. 23 S., R. 4 W., accepted June 24, 2004

T. 25 S., R. 2 W., accepted June 24, 2004

T. 27 S., R. 11 W., accepted June 24, 2004

T. 33 S., R. 5 W., accepted June 24, 2004

T. 38 S., R. 4 W., accepted June 24, 2004

Washington 

T. 31 N., R. 1 E., accepted May 20, 2004

T. 23 N., R. 11 W., accepted July 13, 2004

The plat of survey of the following 

described lands is scheduled to be 

officially filed in the Oregon State 

Office, Portland, Oregon, thirty (30) 

calendar days from the date of this 

publication.

Oregon 

T. 16 S., R. 16 E., accepted September 7, 2004

T. 17 S., R. 16 E., accepted September 7, 2004

A copy of the plats may be obtained 

from the Public Room at the Oregon 

State Office, Bureau of Land 

Management, 333 S.W. 1st Avenue, 

Portland, Oregon 97204, upon required 

payment. A person or party who wishes 

to protest against a survey must file a 

notice that they wish to protest (at the 

above address) with the State Director, 

Bureau of Land Management, Portland, 

Oregon.

FOR FURTHER INFORMATION CONTACT:

Chief, Branch of Geographic Sciences, 

Bureau of Land Management, (333 SW. 

1st Avenue) P.O. Box 2965, Portland, 

Oregon 97208.

Dated: October 7, 2004. 

Robert D. DeViney, Jr., 

Branch of Realty and Records Services.

[FR Doc. 04–23380 Filed 10–18–04; 8:45 am] 

BILLING CODE 4310–33–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service 

Agency Information Collection 

Activities: Proposed Collection, 

Comment Request

AGENCY: Minerals Management Service 

(MMS), Interior.

ACTION: Notice of a revision of a 

currently approved information 

collection (OMB control number 1010–

0107). 

SUMMARY: To comply with the 

Paperwork Reduction Act of 1995 

(PRA), we are inviting comments on a 

collection of information that we will 

submit to the Office of Management and 

Budget (OMB) for review and approval. 

We changed the title of this information 

collection request (ICR) to clarify the 

regulatory language we are covering 

under 30 CFR part 218. The previous 

title of this ICR was ‘‘30 CFR part 218, 

subpart B—Oil and Gas, General.’’ The 

new title of this ICR is ‘‘30 CFR part 

218, subpart A—General Provisions, 

§ 218.42 Cross-lease netting in 

calculation of late-payment interest; 

subpart B—Oil and Gas, General, 

§ 218.52 How does a lessee designate a 

Designee? (Form MMS–4425, 

Designation Form for Royalty Payment 

Responsibility) and § 218.53 

61520 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Notices 

Recoupment of overpayments on Indian 

mineral leases; and subpart E—Solid 

Minerals—General, § 218.203 

Recoupment of overpayments on Indian 

mineral leases.’’

DATES: Submit written comments on or 

before December 20, 2004.

ADDRESSES: Submit written comments 

to Sharron L. Gebhardt, Lead Regulatory 

Specialist, Minerals Management 

Service, Minerals Revenue Management, 

P.O. Box 25165, MS 302B2, Denver, 

Colorado 80225. If you use an overnight 

courier service, our courier address is 

Building 85, Room A–614, Denver 

Federal Center, Denver, Colorado 80225. 

You may also e-mail your comments to 

us at mrm.comments@mms.gov. 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, or email Sharron.Gebhardt@mms.gov.

SUPPLEMENTARY INFORMATION: Title: 30 

CFR part 218, subpart A—General 

Provisions, § 218.42 Cross-lease netting 

in calculation of late-payment interest; 

subpart B—Oil and Gas, General, 

§ 218.52 How does a lessee designate a 

Designee? (Form MMS–4425, 

Designation Form for Royalty Payment 

Responsibility) and § 218.53 

Recoupment of overpayments on Indian 

mineral leases; and subpart E—Solid 

Minerals—General, § 218.203 

Recoupment of overpayments on Indian 

mineral leases. 

OMB Control Number: 1010–0107. 

Bureau Form Number: Form MMS–

4425. 

Abstract: The Secretary of the U.S. 

Department of the Interior is responsible 

for collecting royalties from lessees who 

produce minerals from leased Federal 

and Indian lands. The Secretary is 

required by various laws to manage 

mineral resources production on 

Federal and Indian lands, collect the 

royalties due, and distribute the funds 

in accordance with those laws. The 

Secretary also has an Indian trust 

responsibility to manage Indian lands 

and seek advice and information from 

Indian beneficiaries. The MMS performs 

the royalty management functions and 

assists the Secretary in carrying out the 

Department’s Indian trust responsibility. 

When a company or an individual 

enters into a lease to explore, develop, 

produce, and dispose of minerals from 

Federal or Indian lands, that company 

or individual agrees to pay the lessor a 

share (royalty) of the value received 

from production from the leased lands. 

The lease creates a business relationship 

between the lessor and the lessee. The 

lessee is required to report various kinds 

of information to the lessor relative to 

the disposition of the leased minerals. 

Such information is similar to data 

reported to private and public mineral 

interest owners and is generally 

available within the records of the 

lessee or others involved in developing, 

transporting, processing, purchasing, or 

selling of such minerals. The 

information collected includes data 

necessary to ensure that the royalties are 

paid appropriately. 

This ICR includes unique reporting 

circumstances including designation of 

designee, cross-lease netting in 

calculation of late-payment interest, and 

tribal permission for recoupment on 

Indian leases.

Applicable Public Laws 

Applicable citations of the laws 

pertaining to mineral leases include 

Public Law 97–451—Jan. 12, 1983 

(Federal Oil and Gas Royalty 

Management Act of 1982 [FOGRMA]), 

Public Law 104–185—Aug. 13, 1996 

(Federal Oil and Gas Royalty 

Simplification and Fairness Act of 1996 

[RFSA]) as corrected by Public Law 

104–200—Sept. 22, 1996), and the 

Indian Mineral Development Act of 

1982 (25 U.S.C. 2101 et seq.). Public 

laws pertaining to mineral royalties are 

located on our Web site at http://

www.mrm.mms.gov/Laws_R_D/

PublicLawsAMR.htm.

Designation of Designee 

The RSFA established that owners of, 

primarily, operating rights or, 

secondarily, lease record title (both 

referred to as ‘‘lessees’’) are responsible 

for making royalty and related payments 

on Federal oil and gas leases. These 

RSFA requirements were promulgated 

in regulations at 30 CFR 218.52. It is 

common, however, for a payor rather 

than a lessee to make these payments. 

When a payor makes payments on 

behalf of a lessee, RSFA section 6(g) 

requires that the lessee designate the 

payor as its designee and notify MMS of 

this arrangement in writing. The MMS 

designed Form MMS–4425, Designation 

Form for Royalty Payment 

Responsibility, to request all the 

information necessary for lessees to 

comply with these RSFA requirements 

when they choose to designate an agent 

to pay for them. The MMS requires this 

information to ensure proper mineral 

revenue collection. 

Cross-Lease Netting in Calculation of 

Late-Payment Interest 

Regulations at 30 CFR 218.54 require 

MMS to assess interest on unpaid or 

underpaid amounts. The MMS 

distributes these interest revenues to 

states, Indians, and the U.S. Treasury, 

based on financial lease distribution 

information. Current regulations at 30 

CFR 218.42 provide that an 

overpayment on a lease or leases may be 

offset against an underpayment on a 

different lease or leases to determine the 

net payment subject to interest, when 

certain conditions are met. This is 

called cross-lease netting. 

However, RSFA sections 6(a), (b), and 

(c) require MMS to pay interest on 

lessees’ Federal oil and gas 

overpayments made on or after the 

February 13, 1997, enactment of RSFA. 

The MMS implemented this RSFA 

provision in 1997, and began calculating 

interest on both underpayments and 

overpayments for Federal oil and gas 

leases, making the cross-lease netting 

provisions at 30 CFR 218.42 no longer 

applicable for these leases. The MMS is 

currently developing regulations to 

amend 30 CFR 218.42 to limit its 

applicability to payments made under 

Indian tribal leases and Federal leases 

for minerals other than oil and gas. The 

MMS estimates that in about 7 cases per 

year, lessees must comply with the 

provisions of 30 CFR 218.42(b) and (c) 

for Indian tribal leases or Federal leases 

other than oil and gas, demonstrating 

that cross-lease netting is correct by 

submitting production reports, pipeline 

allocation reports, or other similar 

documentary evidence. This 

information is necessary for MMS to 

determine the correct amount of interest 

owed by the lessee, and to ensure 

proper value is collected. 

Tribal Permission for Recoupment on 

Indian Leases 

In order to report cross-lease netting 

on Indian leases, lessees must also 

comply with regulations at 30 CFR 

218.53(b) and 218.203(b), allowing only 

lessees with written permission from 

the tribe to recoup overpayments on one 

lease against a different lease for which 

the tribe is the lessor. The payor must 

furnish MMS with a copy of the tribe’s 

written permission. Generally, a payor 

may recoup an overpayment against the 

current month’s royalties or other 

revenues owed on the same tribal lease. 

For any month, a payor may not recoup 

more than 50 percent of the royalties or 

other revenues owed in that month 

under an individual allotted lease or 

Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Notices 61521

more than 100 percent of the royalties 

or other revenues owed in that month 

under a tribal lease. Lessees use Form 

MMS–2014, Report of Sales and Royalty 

Remittance, for oil and gas lease 

recoupments (burden covered under ICR 

1010–0140, expires October 31, 2006) 

and Form MMS–4430, Solid Mineral 

Production and Royalty Report, for solid 

mineral lease recoupments (burden 

covered under ICR 1010–0120, expires 

October 31, 2007). The MMS requires 

tribal permission to ensure tribes and 

individual Indian mineral owners 

receive correct revenues from 

production on their leases. 

Frequency: On occasion. 

Estimated Number and Description of 

Respondents: 1,613 Federal and Indian 

lessees. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Hour’’ Burden: 1,220 

hours. 

The following chart shows the 

estimated burden hours by CFR section 

and paragraph:

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Citation 30 

CFR 218 Reporting and recordkeeping requirement Hour burden 

Average

number of annual responses Annual

burden hours 

Subpart A—General Provisions—Cross-lease netting in calculation of late-payment interest.

218.42(b) 

and (c) 

Cross-lease netting in calculation of late-payment interest. (b) Royalties attributed to production from a lease or leases which should have been attributed to production from a different lease or leases may be offset * * * if 

* * * the payor submits production reports, pipeline allocation reports, or 

other similar documentary evidence pertaining to the specific production involved which verifies the correct production information * * *.

2 7 4 

(c) If MMS assesses late-payment interest and the payor asserts that some or 

all of the interest assessed is not owed * * * the burden is on the payor to 

demonstrate that the exception applies * * *. 

Subpart B—Oil and Gas, General—How does a lessee designate a Designee?

218.52 (a), 

(c), and 

(d) 

How does a lessee designate (a) If you are a lessee under 30 U.S.C. 

1701(7), and you want to designate a person to make all or part of the payments due under a lease on your behalf * * * you must notify MMS * * * 

in writing of such designation * * *.

(c) If you want to terminate a designation * * * you must provide [the following] to MMS in writing * * *. 

0.75 1,600 1,200 

(d) MMS may require you to provide notice when there is a change in the 

percentage of your record title or operating rights ownership.

Note:The MMS currently uses Form MMS–4425, Designation Form for Roy

alty Payment Responsibility to collect this information.

Subpart B—Oil and Gas, General—Recoupment of overpayments on Indian mineral leases.

218.53(b) Recoupment of overpayments on Indian mineral leases. (b) With written permission authorized by tribal statute or resolution, a payor may recoup an 

overpayment against royalties or other revenues owed * * * under other 

leases * * *. A copy of the tribe’s written permission must be furnished to 

MMS * * *.

1 5 5 

Subpart E—Solid Minerals—General—Recoupment of overpayments on Indian mineral leases.

218.203(b) Recoupment of overpayments on Indian mineral leases. (b) With written permission authorized by tribal statute or resolution, a payor may recoup an 

overpayment against royalties or other revenues owed in that month under 

other leases for which that tribe is the lessor. A copy of the tribe’s written 

permission must be furnished to MMS * * * [following] instructions * * *.

1 1 1 

Total Burden ......................................................................................................................... 1,613 1,220 

We are revising this ICR to cover 

regulations at 30 CFR 218.42 (b) and (c), 

Cross-Lease Netting in Calculation of 

Late-Payment Interest and 30 CFR 

218.203(b), Recoupment of 

Overpayments on Indian Mineral 

Leases. Previously addressed burden 

hours for 30 CFR 218.57 are currently 

covered in ICR 1010–0120 (expires 

October 31, 2007). 

Estimated Annual Reporting and 

Recordkeeping ‘‘Non-hour Cost’’

Burden: We have identified no ‘‘nonhour cost’’ burdens. 

Comments: 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. 

Before submitting an ICR to OMB, PRA 

Section 3506(c)(2)(A) requires each 

agency ‘‘* * * to provide notice * * * 

and otherwise consult with members of 

the public and affected agencies 

concerning each proposed collection of 

information * * *.’’ Agencies must 

specifically solicit comments to: (a) 

Evaluate whether the proposed 

collection of information is necessary 

for the agency to perform its duties, 

including whether the information is 

61522 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Notices 

useful; (b) evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; (c) 

enhance the quality, usefulness, and 

clarity of the information to be 

collected; and (d) minimize the burden 

on the respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

The PRA also requires agencies to 

estimate the total annual reporting 

‘‘non-hour cost’’ burden to respondents 

or recordkeepers resulting from the 

collection of information. We have not 

identified non-hour cost burdens for 

this information collection. If you have 

costs to generate, maintain, and disclose 

this information, you should comment 

and provide your total capital and 

startup cost components or annual 

operation, maintenance, and purchase 

of service components. You should 

describe the methods you use to 

estimate major cost factors, including 

system and technology acquisition, 

expected useful life of capital 

equipment, discount rate(s), and the 

period over which you incur costs. 

Capital and startup costs include, 

among other items, computers and 

software you purchase to prepare for 

collecting information; monitoring, 

sampling, and testing equipment; and 

record storage facilities. Generally, your 

estimates should not include equipment 

or services purchased: (i) Before October 

1, 1995; (ii) to comply with 

requirements not associated with the 

information collection; (iii) for reasons 

other than to provide information or 

keep records for the Government; or (iv) 

as part of customary and usual business 

or private practices. 

We will summarize written responses 

to this notice and address them in our 

ICR submission for OMB approval, 

including appropriate adjustments to 

the estimated burden. We will provide 

a copy of the ICR to you without charge 

upon request. The ICR also will be 

posted on our Web site at http://

www.mrm.mms.gov/Laws_R_D/

FRNotices/FRInfColl.htm. 

Public Comment Policy: We will post 

all comments in response to this notice 

on our Web site at http://

www.mrm.mms.gov/Laws_R_D/

FRNotices/FRInfColl.htm. We also will 

make copies of the comments available 

for public review, including names and 

addresses of respondents, during regular 

business hours at our offices in 

Lakewood, Colorado. Upon request, we 

will withhold an individual 

respondent’s home address from the 

public record, as allowable by law. 

There also may be circumstances in 

which we would withhold from the 

rulemaking record a respondent’s 

identity, as allowable by law. If you 

request that we withhold your name 

and/or address, state your request 

prominently at the beginning of your 

comment. However, we will not 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

MMS Information Collection 

Clearance Officer: Arlene Bajusz (202) 

208–7744.

Dated: October 12, 2004. 

Cathy J. Hamilton, 

Acting Associate Director for Minerals 

Revenue Management.

[FR Doc. 04–23303 Filed 10–18–04; 8:45 am] 

BILLING CODE 4310–MR–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service 

Agency Information Collection 

Activities: Proposed Collection, 

Comment Request

AGENCY: Minerals Management Service 

(MMS), Interior.

ACTION: Notice of an extension of a 

currently approved information 

collection (OMB Control Number 1010–

0122). 

SUMMARY: To comply with the 

Paperwork Reduction Act of 1995 

(PRA), we are inviting comments on a 

collection of information that we will 

submit to the Office of Management and 

Budget (OMB) for review and approval. 

We changed the title of this information 

collection request (ICR) to clarify the 

regulatory language we are covering 

under 30 CFR Part 243. The previous 

title of this ICR was ‘‘30 CFR Part 243 

Suspensions Pending Appeal and 

Bonding (formerly Filing Sureties).’’ The 

new title of this ICR is ‘‘30 CFR Part 

243, Suspensions Pending Appeal and 

Bonding—Minerals Revenue 

Management (Forms MMS–4435, 

Administrative Appeal Bond, and 

MMS–4436, Letter of Credit).’’

DATES: Submit written comments on or 

before December 20, 2004.

ADDRESSES: Submit written comments 

to Sharron L. Gebhardt, Lead Regulatory 

Specialist, Minerals Management 

Service, Minerals Revenue Management, 

P.O. Box 25165, MS 302B2, Denver, 

Colorado 80225. If you use an overnight 

courier service, our courier address is 

Building 85, Room A–614, Denver 

Federal Center, Denver, Colorado 80225. 

You may also e-mail your comments to 

us at mrm.comments@mms.gov. 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, or email sharron.gebhardt@mms.gov.

SUPPLEMENTARY INFORMATION: 

Title: 30 CFR Part 243, Suspensions 

Pending Appeal and Bonding—Minerals 

Revenue Management (Forms MMS–

4435, Administrative Appeal Bond, and 

MMS–4436, Letter of Credit). 

OMB Control Number: 1010–0122. 

Bureau Form Number: Forms MMS–

4435 and MMS–4436. 

Abstract: The Secretary of the U.S. 

Department of the Interior is responsible 

for collecting royalties from lessees who 

produce minerals from leased Federal 

and Indian lands. The Secretary is 

required by various laws to manage 

mineral resources production on 

Federal and Indian lands, collect the 

royalties due, and distribute the funds 

in accordance with those laws. The 

MMS performs the royalty management 

functions for the Secretary. 

Applicable citations of the laws 

pertaining to mineral leases include 

Public Law 97–451—Jan. 12, 1983 

(Federal Oil and Gas Royalty 

Management Act of 1982 [FOGRMA]), 

Public Law 104–185—Aug. 13, 1996 

(Federal Oil and Gas Royalty 

Simplification and Fairness Act of 1996 

[RFSA]) as corrected by Public Law 

104–200—Sept. 22, 1996), and the 

Indian Mineral Development Act of 

1982 (25 U.S.C. 2101 et seq.). Public 

laws pertaining to mineral royalties are 

located on our Web site at http://

www.mrm.mms.gov/Laws_R_D/

PublicLawsAMR.htm. Proprietary 

information submitted to MMS under 

the collection is protected. 

Stay of Payment Pending Appeal 

Lessees or recipients of MMS’s 

Minerals Revenue Management (MRM) 

orders may suspend compliance with an 

order if they appeal in accordance with 

30 CFR 290, Subpart B. Pending appeal, 

MMS suspends the payment 

requirement if the appellant submits a 

formal agreement of payment in case of 

default, such as a bond or other surety. 

The MMS accepts the following surety 

types: Form MMS–4435, Administrative 

Appeal Bond; Form MMS–4436, Letter