Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices 63973 

days before the scheduled date of the 

meeting. Before including your address, 

phone number, email address, or other 

personal identifying information in your 

comment, be advised that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you may ask the BLM in your comment 

to withhold from your personal 

identifying information from the public 

review, we cannot guarantee that we 

will be able to do so. 

This application will be processed in 

accordance with the regulations setforth in 43 CFR 2310.4. 

Authority: 43 U.S.C. 1714. 

Melanie G. Barnes, 

State Director. 

[FR Doc. 2023–20121 Filed 9–15–23; 8:45 am] 

BILLING CODE 4311–15–P 

DEPARTMENT OF THE INTERIOR 

Office of Natural Resources Revenue 

[Docket No. ONRR–2011–0008; DS63644000 

DRT000000.CH7000 234D1113RT; OMB 

Control Number 1012–0006] 

Agency Information Collection 

Activities: Suspensions Pending 

Appeal and Bonding 

AGENCY: Office of Natural Resources 

Revenue, Interior. 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 

(‘‘PRA’’), the Office of Natural Resources 

Revenue (‘‘ONRR’’) is proposing to 

revise a currently approved information 

collection to expand its scope to include 

the mineral estate underlying Osage 

County, Oklahoma (‘‘Osage Mineral 

Estate’’). 

DATES: Submit written comments on or 

before November 17, 2023. 

ADDRESSES: All comment submissions 

must (1) reference ‘‘OMB Control 

Number 1012–0006’’ in the subject line; 

(2) be sent to ONRR before the close of 

the comment period listed under DATES; 

and (3) be sent using the following 

method: 

Electronically via the Federal 

eRulemaking Portal: Please visit https:// 

www.regulations.gov. In the Search Box, 

enter the Docket ID Number for this ICR 

renewal (‘‘ONRR–2011–0008’’) and click 

‘‘search’’ to view the publications 

associated with the docket folder. 

Locate the document with an open 

comment period and click the 

‘‘Comment Now!’’ button. Follow the 

prompts to submit your comment prior 

to the close of the comment period. 

Docket: To access the docket folder to 

view the ICR Federal Register 

publications, go to https://

www.regulations.gov and search 

‘‘ONRR–2011–0008’’ to view renewal 

notices recently published in the 

Federal Register, publications 

associated with prior renewals, and 

applicable public comments received 

for this ICR. ONRR will make the 

comments submitted in response to this 

notice available for public viewing at 

https://www.regulations.gov. 

OMB ICR Data: OMB also maintains 

information on ICR renewals and 

approvals. You may access this 

information at https://www.reginfo.gov/ 

public/do/PRASearch. Please use the 

following instructions: Under the ‘‘OMB 

Control Number’’ heading enter ‘‘1012– 

0006’’ and click the ‘‘Search’’ button 

located at the bottom of the page. To 

view the ICR renewal or OMB approval 

status, click on the latest entry (based on 

the most recent date). On the ‘‘View 

ICR—OIRA Conclusion’’ page, check the 

box next to ‘‘All’’ to display all available 

ICR information provided by OMB. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information about 

this ICR, please contact Kimberly 

Werner, Financial Services, ONRR, by 

telephone at (303) 231–3801 or email to 

Kimberly.Werner@onrr.gov. Individuals 

in the United States who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: Through 

this revision, ONRR seeks authority to 

collect information related to the 

paperwork requirements under 30 CFR 

part 1243 and the Bureau of Indian 

Affairs’ (‘‘BIA’’) proposed regulations at 

25 CFR part 226, subpart O to post a 

surety or bond, or demonstrate financial 

solvency. ONRR uses forms ONRR– 

4435, ONRR–4436, and ONRR–4437 as 

part of these information collection 

requirements. 

Pursuant to the PRA, 44 U.S.C. 3501, 

et seq., and 5 CFR 1320.5, all 

information collections, as defined in 5 

CFR 1320.3, require approval by OMB. 

ONRR may not conduct or sponsor, and 

you are not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

As part of ONRR’s continuing effort to 

reduce paperwork and respondent 

burdens, ONRR is inviting the public 

and other Federal agencies to comment 

on new, proposed, revised, and 

continuing collections of information in 

accordance with the PRA and 5 CFR 

1320.8(d)(1). This helps ONRR to assess 

the impact of its information collection 

requirements and minimize the public’s 

reporting burden. It also helps the 

public understand ONRR’s information 

collection requirements and provide the 

requested data in the desired format. 

ONRR is especially interested in 

public comments addressing the 

following: 

(1) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) The accuracy of ONRR’s estimate 

of the burden for this collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) How might the agency minimize 

the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of response. 

Comments that you submit in 

response to this notice are a matter of 

public record. ONRR will include or 

summarize each comment in its request 

to OMB to approve this ICR. 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 ONRR in your 

comment to withhold your personal 

identifying information from public 

review, ONRR cannot guarantee that it 

will be able to do so. 

Abstract: (a) General Information: The 

Federal Oil and Gas Royalty 

Management Act of 1982 (‘‘FOGRMA’’) 

directs the Secretary of the Interior 

(‘‘Secretary’’) to ‘‘establish a 

comprehensive inspection, collection 

and fiscal and production accounting 

and auditing system to provide the 

capability to accurately determine oil 

and gas royalties, interest, fines, 

penalties, fees, deposits, and other 

payments owed, and to collect and 

account for such amounts in a timely 

manner.’’ 30 U.S.C. 1711. ONRR 


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63974 Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices 

performs these and other mineral 

revenue management responsibilities for 

the Secretary. See U.S. Department of 

the Interior Departmental Manual, 112 

DM 34.1 (Sept. 9, 2020). FOGRMA and 

ONRR’s regulations at 30 CFR Chapter 

XII do not apply to the Osage Mineral 

Estate. 

The Osage Mineral Estate is held in 

trust by the United States for the benefit 

of the Osage Nation. See Osage 

Allotment Act of June 28, 1906, Pub. L. 

59–321, 3, 34 Stat. 539, as amended. 

BIA’s regulations at 25 CFR part 226 

contain requirements specific to the 

Osage Mineral Estate, and, historically, 

BIA has performed compliance 

activities related to those requirements. 

In conjunction with this ICR, BIA has 

published a proposed rule in the 

Federal Register on January 13, 2023 

(88 FR 2430) that would require a lessee 

of the Osage Mineral Estate to submit to 

ONRR certain forms already authorized 

in this ICR for Federal and non-Osage 

Indian lands. Accordingly, this ICR 

revision adds information collections 

specific to oil and gas royalty and 

production reporting for the Osage 

Mineral Estate. 

For Federal lands only, Section 4(l), 

‘‘Stay of Payment Obligation Pending 

Review,’’ of the Federal Oil and Gas 

Royalty Simplification and Fairness Act 

of 1996 (‘‘RSFA’’) requires ONRR to 

evaluate any person, ordered by the 

Secretary or a delegated State to pay any 

obligation (other than an assessment) 

subject to RSFA, to determine whether 

that person is entitled to a stay of the 

order without bond or other surety 

instrument, pending an administrative 

or judicial proceeding, based on the 

financial solvency of that person. 

Regulations under 30 CFR part 1243 

and proposed regulations under 25 CFR 

part 226, subpart O, govern the 

suspension of orders or decisions 

pending administrative appeal for 

Federal and Indian leases. For Federal 

leases, these regulations allow an 

appellant to submit information 

demonstrating financial solvency in lieu 

of providing a surety. For appellants 

who are not financially solvent or for 

appeals involving Indian leases, ONRR 

requires appellants to post a surety 

instrument to secure the financial 

interest of the public and Indian lessors 

during the entire administrative or 

judicial appeal process. 

BIA has published a proposed rule in 

the Federal Register on January 13, 

2023 (88 FR 2430) that would require 

lessees of the Osage Mineral Estate to 

submit the forms authorized by this ICR 

to ONRR. Accordingly, this ICR revision 

adds information collections specific to 

posting an ONRR-specified surety 

instrument under 30 CFR part 1243 

subpart B within the time period that 

ONRR prescribes to secure the financial 

interest of the Osage Mineral Estate. 

This ICR remains unchanged in its 

application and effect as to all leases 

previously subject to the information 

collections described below, which 

includes all Federal leases onshore and 

offshore and all Indian leases held in 

trust by the United States, except for the 

Osage Mineral Estate. 

If ONRR determines that a lessee did 

not properly report, pay, or both, it may 

issue orders, notices of noncompliance, 

and civil penalty notices to compel 

corrective reporting, payment, or both. 

Lessees have a right to appeal ONRR’s 

determinations. 

(b) Information Collections: 

Regulations under 30 CFR part 1243 and 

proposed regulations under 25 CFR part 

226, subpart O, govern the submission 

of appropriate surety instruments to 

suspend compliance with an order or 

decision, and to stay the accrual of civil 

penalties (if the Office of Hearings and 

Appeals grants a lessee’s petition to stay 

accrual of civil penalties) pending 

administrative appeal for Federal and 

Indian leases. For Federal oil and gas 

leases, under 30 U.S.C. 1724(l) and its 

implementing regulations under 30 CFR 

part 1243, an appellant requesting a 

suspension without providing a surety 

must submit information to demonstrate 

financial solvency. This ICR covers the 

burden hours associated with 

submitting financial statements and 

surety instruments required to stay an 

ONRR order, decision, or accrual of civil 

penalties as follows: 

(1) Stay of Payment Pending Appeal: 

Title 30 CFR 1243.1 states that lessees 

or recipients of ONRR orders may 

suspend compliance with an order if 

they appeal under 30 CFR part 1290. 

Pending appeal, ONRR may suspend the 

payment requirement if the appellant 

submits a formal agreement of payment 

in the case of default, such as a bond or 

other surety. For Federal oil and gas 

leases, the appellant may alternatively 

demonstrate financial solvency. If the 

Office of Hearings and Appeals grants a 

recipient of a notice of noncompliance 

or civil penalty notice’s request to stay 

the accrual of civil penalties under 30 

CFR 1241.55(b)(2) and 1241.63(b)(2), 

recipient must post a bond or other 

surety. For Federal oil and gas leases, 

the appellant may alternatively 

demonstrate financial solvency. 

ONRR accepts the following surety 

types: 

(i) Form ONRR–4435, Administrative 

Appeal Bond; 

(ii) Form ONRR–4436, Letter of Credit; 

(iii) Form ONRR–4437, Assignment of 

Certificate of Deposit; 

(iv) Self-bonding (Federal leases only); 

and 

(v) U.S. Treasury Securities. 

When an appellant selects one of the 

surety types and puts it in place, the 

appellant must maintain the surety until 

the appeal’s resolution. If the appeal is 

decided in favor of the appellant, ONRR 

will return the surety to the appellant. 

If the appeal is decided in favor of 

ONRR, then ONRR will take action to 

collect the total amount due or draw 

down on the surety. ONRR will draw 

down on a surety if the appellant fails 

to comply with requirements relating to 

the amount due, timeframe, or surety 

submission or resubmission. Whenever 

ONRR draws down on a surety, it 

reduces the total amount due, which is 

defined as the unpaid principal plus the 

interest accrued to the projected receipt 

date of the surety payment. Appellants 

may refer to the Surety Instrument 

Posting Instructions, available on our 

website at http://www.onrr.gov/ 

compliance/appeals.htm. 

(2) Forms and Other Surety Types: 

A. Form ONRR–4435, Administrative 

Appeal Bond: An appellant may file 

form ONRR–4435, Administrative 

Appeal Bond, which ONRR uses to 

secure the financial interests of the 

public and Indian lessors during the 

entire administrative and judicial 

appeal processes. Under 30 CFR 1243.4 

and proposed regulations at 25 CFR 

226.179, an appellant is required to 

submit its contact and surety amount 

information on the bond to obtain the 

benefit of suspension of an obligation to 

comply with an order. The bond must 

be issued by a qualified surety company 

that the U.S. Department of the Treasury 

approves (see Department of the 

Treasury Circular No. 570, revised 

periodically in the Federal Register). 

ONRR’s Director, or the delegated bondapproving officer, maintains the bonds 

in a secure facility. After an appeal’s 

conclusion, ONRR may release and 

return the bond to the appellant or 

collect payment on the bond. If 

collection is necessary for a remaining 

balance, ONRR will issue a demand for 

payment to the surety company with a 

notice to the appellant. ONRR will also 

include all interest accrued on the 

affected receivable. 

B. Form ONRR–4436, Letter of Credit: 

An appellant may choose to file form 

ONRR–4436, Letter of Credit, with no 

modifications. Requirements under 30 

CFR 1243.4 and proposed regulations at 

25 CFR 226.179 continue to apply. 

ONRR’s Director, or the delegated bondapproving officer, maintains the Letter 

of Credit (‘‘LOC’’) in a secure facility. 


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Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Notices 63975 

The appellant is responsible for 

verifying that the bank provides a 

current Fitch rating to ONRR. After the 

appeal’s resolution, ONRR may release 

and return the LOC to the appellant or 

collect payment on the LOC. If 

collection is necessary for a remaining 

balance, ONRR will issue a demand for 

payment that includes the principal 

amount plus the interest assessed on the 

receivable, to the bank with a notice to 

the appellant. 

C. Form ONRR–4437, Assignment of 

Certificate of Deposit: An appellant may 

choose to secure a debt by requesting to 

use a Certificate of Deposit (‘‘CD’’) from 

a bank with the required minimum 

rating and submitting form ONRR–4437, 

Assignment of Certificate of Deposit. 

Requirements under 30 CFR 1243.4 and 

proposed regulations at 25 CFR 226.179 

continue to apply. The appellant must 

file the request with ONRR prior to the 

invoice due date. ONRR will accept a 

book-entry CD that explicitly assigns the 

CD to ONRR’s Director. If collection of 

the CD is necessary for an unpaid 

balance, ONRR will return unused CD 

funds to the appellant after total 

settlement of the appealed issues, 

including applicable interest charges. 

D. Self-bonding (Federal leases only, 

not applicable to Indian or the Osage 

Mineral Estate leases): For Federal oil 

and gas leases, regulations under 30 

CFR 1243.201 provide that no surety 

instrument is required when a person 

representing the appellant periodically 

demonstrates, to the satisfaction of 

ONRR, that the guarantor or appellant is 

financially solvent or otherwise able to 

pay the obligation. The appellant must 

submit a written request to ‘‘self-bond’’ 

every time a new appeal is filed. To 

evaluate the financial solvency and 

exemption from requirements of 

appellants to maintain a surety related 

to an appeal, ONRR requires appellants 

to submit a consolidated balance sheet, 

subject to annual audit. In some cases, 

ONRR also requires copies of the most 

recent tax returns (up to three years) 

filed by the appellant. 

In addition, an appellant must 

annually submit financial statements, 

subject to audit, to support its net 

worth. ONRR uses the consolidated 

balance sheet or business information 

supplied to evaluate the financial 

solvency of a lessee, designee, or payor 

seeking a stay of payment obligation 

pending review. If the appellant does 

not have a consolidated balance sheet 

documenting its net worth, or if it does 

not meet the $300 million net worth 

requirement, ONRR will select a 

business information or credit reporting 

service to provide information 

concerning the appellant’s financial 

solvency. ONRR charges the appellant a 

$50 fee each time it reviews data from 

a business information or credit 

reporting service. The fee covers 

ONRR’s cost to determine an appellant’s 

financial solvency. 

E. U.S. Treasury Securities: An 

appellant may choose to secure its debts 

by requesting to use a U.S. Treasury 

Security (‘‘TS’’). The appellant must file 

the letter of request with ONRR prior to 

the invoice due date. The TS must be a 

U.S. Treasury note or bond with 

maturity equal to or greater than one 

year. The TS must equal 120 percent of 

the appealed amount plus 1 year of 

estimated interest (necessary to protect 

ONRR against interest rate fluctuations). 

ONRR only accepts book-entry TS. 

Title of Collections: Suspensions 

Pending Appeal and Bonding. 

OMB Control Number: 1012–0006. 

Form Numbers: ONRR–4435, ONRR– 

4436, and ONRR–4437. 

Type of Review: Revision to a 

currently approved collection. 

Respondents/Affected Public: 

Businesses. 

Total Estimated Number of Annual 

Respondents: 107 appellants. 

Total Estimated Number of Annual 

Responses: 107. 

Estimated Completion Time per 

Response: The time per response is 120 

mins. The average completion time is 

calculated by first multiplying the 

estimated annual burden hours (214 

burden hours) by 60 to obtain the total 

annual burden minutes. Then the total 

annual burden minutes (12,840) is 

divided by the estimated annual 

responses (107). 

Total Estimated Number of Annual 

Burden Hours: 214 hours. 

Respondent’s Obligation: Mandatory. 

Frequency of Collection: Annually 

and on occasion. 

Total Estimated Annual Non-Hour 

Burden Cost: ONRR identified no ‘‘nonhour cost’’ burden associated with 

this collection of information. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Non-hour’’ Cost 

Burden: There are no additional 

recordkeeping costs associated with this 

information collection. However, ONRR 

estimates 5 appellants per year will pay 

a $50 fee to obtain credit data from a 

business information or credit reporting 

service, which is a total ‘‘non-hour’’ cost 

burden of $250 per year (5 appellants 

per year × $50 = $250). 

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 

PRA (44 U.S.C. 3501, et seq.). 

Howard Cantor, 

Director, Office of Natural Resources 

Revenue. 

[FR Doc. 2023–20090 Filed 9–15–23; 8:45 am] 

BILLING CODE 4335–30–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Request for Nominations for 

Membership on the Native American 

Employment and Training Council 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Request for nominations. 

SUMMARY: The Department of Labor 

(DOL) invites interested parties to 

submit nominations for individuals to 

serve on the Native American 

Employment and Training Council 

(NAETC) and announces the procedures 

for those nominations. When submitting 

nomination materials, please indicate 

the Region or Discipline for which the 

nominee would like to be considered. 

Information regarding the NAETC can 

be found at https://www.dol.gov/ 

agencies/eta/dinap/council. 

DATES: Nominations for individuals to 

serve on the NAETC must be submitted 

electronically; by October 18, 2023. 

ADDRESSES: You may submit 

nominations and supporting materials 

described in this Federal Register 

Notice by the following method: 

Electronically: Submit nominations, 

including attachments described in this 

document, by email using the following 

address: NAETC@dol.gov (use subject 

line ‘‘Nomination—Native American 

Employment and Training Council’’). 

The Department will not accept 

nominations by mail, express delivery, 

hand delivery, messenger, courier 

service, or facsimile. 

FOR FURTHER INFORMATION CONTACT: 

Nathaniel Coley, Division of Indian and 

Native American Programs, (202) 693– 

4287 or email at Coley.Nathaniel.d@

dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Section 166(i)(4) of the Workforce 

Innovation and Opportunity Act 

(WIOA), 29 U.S.C. 3221(i)(4), requires 

the Secretary of Labor (Secretary) to 

establish and maintain the NAETC. The 

statute requires the Secretary to formally 

consult at least twice annually with the 

NAETC on the operation and 


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