10244 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices 

the general mining laws for the 

protection of the Bureau of Reclamation 

Silver Jack Recreation Area. This notice 

gives the public an opportunity to 

comment on the proposed action and to 

request a public meeting. 

DATES: Comments and requests for a 

public meeting must be received by June 

5, 2007. 

ADDRESSES: Comments and meeting 

requests should be sent to the State 

Director, Colorado State Office, Bureau 

of Land Management (BLM), 2850 

Youngfield Street, Lakewood, Colorado 

80215–7093. 

FOR FURTHER INFORMATION CONTACT: John 

D. Beck, Branch of Lands and Realty, 

Colorado State Office, at 303–239–3882. 

SUPPLEMENTARY INFORMATION: The 

withdrawal created by PLO No. 6733 (54 

FR 30213) will expire July 18, 2009, 

unless extended by the Secretary of the 

Interior pursuant to section 204 of the 

Federal Land Policy and Management 

Act of 1976, 43 U.S.C. 1714. The public 

land withdrew 100 acres of National 

Forest land from the mining laws to 

protect the BOR Silver Jack Recreation 

Area. A legal description of the subject 

land can be found in the published 

public land order, and if requested, 

copies of the order will be provided by 

the BLM, Colorado State Office. 

As extended, the withdrawal would 

not alter the applicability of those land 

laws governing the use of the land 

under lease, license, or permit, or 

governing the disposal of the mineral or 

vegetative resources other than under 

the mining laws. 

The use of a right-of-way or a 

cooperative agreement would not 

provide adequate protection of the 

Federal investment in the area. 

There are no suitable alternative sites 

as the described lands contain the 

facilities and resource values in need of 

protection. The withdrawal would not 

displace any existing uses. 

Water rights will not be needed to 

fulfill the purpose of the requested 

withdrawal. 

For a period of 90 days from the date 

of publication of this notice, all persons 

who wish to submit comments in 

connection with the proposed 

withdrawal extension may present their 

views in writing to the BLM, Colorado 

State Director at the address above. 

Comments, including names and street 

addresses of respondents, will be 

available for public review during 

regular business hours at the BLM 

Colorado State Office. Relevant BLM 

records as to the BOR application and 

comments, including names and street 

addresses of respondents, will be 

available for public review during 

regular business hours at the BLM 

Colorado State Office. Individuals may 

request confidentiality. If you wish to 

withhold your name or address from 

public review or from disclosure under 

the Freedom of Information Act, you 

must state this prominently at the 

beginning of your comments. Such 

requests will be honored to the extent 

allowed by law. All submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, will be 

made available for public inspection in 

their entirety. 

Notice is hereby given that an 

opportunity for a public meeting is 

afforded in connection with the 

proposed withdrawal extension. All 

interested persons who desire a public 

meeting for the purpose of being heard 

on the proposed withdrawal extension 

must submit a written request to the 

BLM Colorado State Director at the 

address given above within 90 days 

from the publication of this notice. If the 

authorized officer determines a public 

meeting will be held, a notice of the 

time and place will be published in the 

Federal Register at least 30 days before 

the scheduled date of the meeting. 

The withdrawal extension application 

will be processed in accordance with 

the regulations set forth in 43 CFR 

2310.4. 

(Authority: 43 CFR 2310.3–l (a)). 

Dated: December 15, 2006. 

John D. Beck, 

Chief, Branch of Lands and Realty. 

Editorial Note: This document was 

received at the Office of the Federal Register 

on March 2, 2007. 

[FR Doc. E7–4069 Filed 3–6–07; 8:45 am] 

BILLING CODE 4310–JB–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–

0120). 

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. 

The title of this information collection 

request (ICR) is ‘‘30 CFR Part 206—

Product Valuation, Subparts F and J; 

Part 210—Forms and Reports, Subparts 

E and H; and Part 218—Collection of 

Royalties, Rentals, Bonuses and Other 

Monies Due the Federal Government, 

Subpart E.’’ We changed the title of this 

ICR to clarify the regulatory language we 

are covering under 30 CFR parts 206, 

210, and 218 and to reflect OMB 

consolidation approval of two solid 

mineral-related ICRs. Those ICRs were 

titled: 

• 1010–0074: 30 CFR Part 206—

Product Valuation, Subpart J—Indian 

Coal (Forms MMS–4292, Coal Washing 

Allowance Report, and MMS–4293, 

Coal Transportation Allowance Report); 

and 

• 1010–0120: 30 CFR Part 206, 

Subpart F—Federal Coal and Subpart 

J—Indian Coal; Part 210, Subpart B—

Oil, Gas, and OCS Sulfur—General, 

Subpart E—Solid Minerals, General, 

Subpart H—Geothermal Resources; Part 

218, Subpart B—Oil and Gas, General, 

Subpart E—Solid Minerals—General 

(Form MMS–4430, Solid Minerals 

Production and Royalty Report). 

In the two ICRs, much of the general 

information was repeated and cross 

referenced. This consolidated ICR 1010–

0120 eliminates that duplication of 

effort and redundancy of data and also 

provides for review of all solids and 

geothermal information collection 

requirements on a MMS Solids and 

Geothermal Compliance and Asset 

Management program-wide basis. The 

current ICR does not expire until 

October 31, 2007 and has a total of 1,751 

burden hours as of OMB Notice of 

Change dated December 9, 2005, which 

consolidated the burden hours from 

ICRs 1010–0074 and 1010–0120. 

DATES: Submit written comments on or 

before May 7, 2007. 

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 or wish to hand-carry 

your comments, our courier address is 

Building 85, Room A–614, Denver 

Federal Center, West 6th Ave. and 

Kipling Blvd., 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. 

If you do not receive a confirmation that 

we have received your e-mail, contact 

Ms. Gebhardt at (303) 231–3211. 


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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 206—Product Valuation, 

Subparts F and J; Part 210—Forms and 

Reports, Subparts E and H; and Part 

218—Collection of Royalties, Rentals, 

Bonuses and Other Monies Due the 

Federal Government, Subpart E. 

OMB Control Number: 1010–0120. 

Bureau Form Numbers: Forms MMS–

4430, MMS–4292, and MMS–4293. 

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 a 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 trust responsibility for 

Indian lands. 

Minerals produced from Federal and 

Indian leases vary greatly in the nature 

of occurrence, production and 

processing methods, and markets 

served. Also, lease terms, statutory 

requirements, and regulations vary 

significantly among the different 

minerals. 

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 

accurately valued and appropriately 

paid. 

Applicable citations of the laws 

pertaining to mineral leases on Federal 

and Indian lands include: 25 U.S.C. 

2103, Indian Mineral Development Act 

of 1982; 30 U.S.C. 189, Leases and 

Prospecting Permits; 30 U.S.C. 359, 

Lease of Mineral Deposits within 

Acquired Lands; 25 U.S.C. 396d, 

Chapter 12—Lease, Sale, or Surrender of 

Allotted or Unallotted Lands; 30 U.S.C. 

1001, 1002, Geothermal Steam and 

Associated Steam Resources; and 43 

U.S.C. 1334, Outer Continental Shelf 

Lands Act. 

Applicable Code of Federal 

Regulations (CFR) include 30 CFR part 

206, subparts F and J; part 210, subparts 

E and H; and part 218, subpart E. Forms 

associated with this ICR are Forms 

MMS–4430, Solid Minerals Production 

and Royalty Report; MMS–4292, Coal 

Washing Allowance Report; and MMS–

4293, Coal Transportation Allowance 

Report. 

Governing citations require the 

lessees, operators, or other directly 

involved persons to accurately submit 

solid minerals royalty and production 

data and provide additional reasonable 

information as defined by the Secretary 

regarding solid minerals production. 

This ICR provides for the collection of 

solid minerals royalty and production 

information on Form MMS–4430 and on 

other associated data formats such as 

associated sales summaries, facility 

data, sales contracts, payment 

information, as well as additional 

documents described below. The 

current information collection 

requirements (1) Provide MMS with the 

ability to verify that revenue due the 

Federal Government is accurately 

reported and correctly paid under 

applicable laws, regulations, and lease 

terms; and (2) support the fulfillment of 

our trust, financial and compliance 

mission requirements. It also provides 

MMS with the ability to timely disburse 

mineral revenues to the correct 

recipients. We encourage electronic 

submission by way of attachments to email messages from Federal reporters 

only; however, hard-copy submissions 

are allowed from both Federal and 

Indian reporters. \ 

Specific lease language varies. 

However, respondents agree by the lease 

terms to furnish statements providing 

the details of all solid minerals 

operations conducted on a Federal or 

Indian lease and the quantity and 

quality of all production from the lease 

at such times and in such form as the 

Secretary may prescribe. 

The MMS, acting for the Secretary, 

uses all of the collected information to 

support the Compliance and Asset 

Management (CAM) and Financial 

Management (FM) processes, and to 

assure that royalties reported and paid 

are based upon correct product 

valuation. The MMS uses the collected 

information, as do other Federal 

Government, state and tribal entities, for 

audit purposes and to evaluate the 

reasonableness of product valuation or 

allowance claims submitted by lessees. 

Specifically, MMS provides the Bureau 

of Land Management (BLM) and the 

Bureau of Indian Affairs (BIA) access to 

this information, which they use to 

conduct production verification, ensure 

lease diligence, and monitor plant 

efficiencies and inventories for 

maximum recovery, and secondary 

products. The determination of the 

appropriate product value or allowance 

rate directly affects the royalties due. 

Failure to collect such data would 

prevent the Secretary from 

accomplishing statutory and trust 

responsibilities. 

Form MMS–4430, Solid Minerals 

Production and Royalty Report—

Producers of coal and other solid 

minerals from Federal and Indian leases 

electronically file this form monthly. 

The form contains basic lease-level 

volume and valuation information. 

Additionally, the form collects nonFederal production information from 

mines. 

• Contracts and Contract 

Amendments—Coal and metal 

producers submit sales contracts, 

agreements, and contract amendments 

semi-annually. Sodium, potassium, 

phosphate, and other solid mineral 

producers, with leases containing ad 

valorem royalty terms, submit the 

required documents only if specifically 

requested to do so by MMS. 

• Sales Summary—The CAM process 

compares sales summary information 

from purchasers to Form MMS–4430 

and facility data. 

• Facility Data—Operators of wash 

plants and of refining, ore 

concentration, or other processing 

facilities for any coal, sodium, 

potassium, metals, or other solid 

minerals submit facility data 

information for months in which they 

process or carry an inventory. 

• Additional Documents or 

Evidence—The MMS requests detailed 

statements, documents, or other 

evidence supporting our CAM 

responsibilities under Federal and 

Indian lease terms. Spot sale invoices, 

weigh tickets, laboratory quality reports, 

transportation contracts, and service 

contracts are all examples of additional 

documents we might request. The 

information might further define a cost 

or verify a claim made by the producer. 

• Payment Information—The MMS 

collects payment data to use in the 

Financial Management process. 

Form MMS–4292—Coal Washing 

Allowance Report and Form MMS–

4293—Coal Transportation Allowance 


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10246 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Notices 

Report—This ICR also provides for the 

collection of coal washing and 

transportation information for Indian 

leases. The information collected is 

essential for the royalty valuation 

process. 

We developed Forms MMS–4292, 

Coal Washing Allowance Report, and 

MMS–4293, Coal Transportation 

Allowance Report, for industry to 

complete when reporting or requesting 

a washing or transportation allowance. 

Summary—The information we 

collect under this ICR is essential for the 

royalty valuation process. Not collecting 

this information would limit the 

Secretary’s ability to discharge fiduciary 

duties and may also result in the 

inability to confirm the accurate royalty 

value. 

Proprietary information submitted to 

MMS under this collection is protected. 

No items of a sensitive nature are 

collected. The requirement to respond is 

mandatory for Form MMS–4430. A 

response is required to obtain benefits 

for Forms MMS–4292 and MMS–4293. 

Frequency of Response: On occasion, 

annually, monthly. 

Estimated Number and Description of 

Respondents: 149 reporters. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Hour’’ Burden: 1,778 

hours. 

We are revising this ICR to include 

reporting requirements from part 206 

citations that were overlooked in the 

previous renewal and reporting 

requirements for ICR 1010–0074 that 

were added to this information 

collection. We have not included in our 

estimates certain requirements 

performed in the normal course of 

business and considered usual and 

customary. The following chart shows 

the estimated burden hours by CFR 

section and paragraph: 

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Citation 30 CFR Reporting & recordkeeping requirement Hour burden Average No. annual responses 

Annual burden 

hours 

Part 206—Product Valuation 

Subpart F—Federal Coal 

206.253(c) ........................ Coal subject to royalties—general provisions ......

(c) * * * The lessee shall maintain accurate records 

to determine to which individual Federal lease coal 

in the waste pit or slurry pond should be allocated 

* * *.

Hour burden covered under § 206.254. 

206.254 ............................. Quality and quantity measurement standards for 

reporting and paying royalties.

* * * Coal quantity information shall be reported on 

appropriate forms required under 30 CFR part 216 

and on the Solid Minerals Production and Royalty 

Report, Form MMS–4430, as required under 30 

CFR part 210.

.4166 816 340 

206.257(b)(1) .................... Valuation standards for ad valorem leases ...........

(b)(1) * * * The lessee shall have the burden of 

demonstrating that its contract is arm’s-length 

* * *.

AUDIT PROCESS See Note. 

206.257(b)(3) .................... (b)(3) * * * When MMS determines that the value 

may be unreasonable, MMS will notify the lessee 

and give the lessee an opportunity to provide written information justifying the lessee’s reported coal 

value.

AUDIT PROCESS See Note. 

206.257(b)(4) .................... (b)(4) The MMS may require a lessee to certify that 

its arm’s-length contract provisions include all of 

the consideration to be paid by the buyer, either 

directly or indirectly, for the coal production.

AUDIT PROCESS See Note. 

206.257(d)(1) .................... (d)(1) Where the value is determined pursuant to 

paragraph (c) of this section, that value does not 

require MMS’s prior approval. However, the lessee 

shall retain all data relevant to the determination 

of royalty value.

Hour burden covered under § 206.254. 

206.257(d)(2) .................... (d)(2) Any Federal lessee will make available upon 

request to the authorized MMS or State representatives, to the Inspector General of the Department 

of the Interior or other persons authorized to receive such information, arm’s-length sales value 

and sales quantity data for like-quality coal sold, 

purchased, or otherwise obtained by the lessee 

from the area.

AUDIT PROCESS See Note. 


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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR Reporting & recordkeeping requirement Hour burden Average No. annual responses 

Annual burden 

hours 

206.257(d)(3) .................... (d)(3) A lessee shall notify MMS if it has determined 

value pursuant to paragraphs (c)(2)(ii), (iii), (iv), or 

(v) of this section * * *. The letter shall identify 

the valuation method to be used and contain a 

brief description of the procedure to be followed. 

The notification required by this section is a onetime notification due no later than the month the 

lessee first reports royalties on the Form MMS–

4430 * * * and each time there is a change * * *.

2 1 2 

206.257(f) ......................... (f) The lessee may request a value determination 

from MMS. In that event, the lessee shall propose 

to MMS a value determination method, and may 

use that method in determining value for royalty 

purposes until MMS issues its decision. The lessee shall submit all available data relevant to its 

proposal * * *.

5 1 5 

206.257(i) ......................... (i) * * * Contract revisions or amendments shall be 

in writing and signed by all parties to an arm’slength contract, and may be retroactively applied 

to value for royalty purposes for a period not to 

exceed two years, unless MMS approves a longer 

period * * *.

2 1 2 

206.259(a)(1) .................... Determination of washing allowances ...................

(a) Arm’s-length contracts. (1) * * * The lessee shall 

have the burden of demonstrating that its contract 

is arm’s-length * * *.

AUDIT PROCESS See Note. 

206.259(a)(1) .................... (a)(1) * * * the washing allowance shall be the reasonable actual costs incurred by the lessee for 

washing the coal * * *.

.34 12 4 

206.259(a)(3) .................... (a)(3) * * * When MMS determines that the value of 

the washing may be unreasonable, MMS will notify the lessee and give the lessee an opportunity 

to provide written information justifying the lessee’s washing costs.

AUDIT PROCESS See Note. 

206.259(b)(1) .................... (b) Non-arm’s-length or no contract. (1) * * * the 

washing allowance will be based upon the lessee’s reasonable actual costs * * *.

.75 48 36 

206.259(b)(2)(iv) ............... (b)(2)(iv) A lessee may use either paragraph 

(b)(2)(iv)(A) or (B) of this section. After a lessee 

has elected to use either method for a wash plant, 

the lessee may not later elect to change to the 

other alternative without approval of the MMS.

1 1 1 

206.259(b)(2)(iv)(A) .......... (b)(2)(iv)(A) To compute depreciation, the lessee 

may elect to use either a straight-line depreciation 

method based on the life of equipment or on the 

life of the reserves which the wash plant services, 

whichever is appropriate, or a unit of production 

method. After an election is made, the lessee may 

not change methods without MMS approval.

1 1 1 

206.259(c)(1)(i) ................. (c) Reporting requirements—(1) Arm’s-length contracts. (i) The lessee must notify MMS of an allowance based on incurred costs by using a separate 

line entry on the Form MMS–4430.

Hour burden covered under § 210.201. 

206.259(c)(1)(ii) ................ (c)(1)(ii) The MMS may require that a lessee submit 

arm’s-length washing contracts and related documents * * *.

AUDIT PROCESS See Note. 


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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR Reporting & recordkeeping requirement Hour burden Average No. annual responses 

Annual burden 

hours 

206.259(c)(2)(i) ................. (c) Reporting requirements—* * * (2) Non-arm’slength or no contract. (i) The lessee must notify 

MMS of an allowance based on the incurred costs 

by using a separate line entry on the Form MMS–

4430.

Hour burden hours covered under § 210.201. 

206.259(c)(2)(iii) ............... (c)(2) Non-arm’s-length or no contract * * * (iii) 

Upon request by MMS, the lessee shall submit all 

data used to prepare the allowance 

deduction* * *.

AUDIT PROCESS See Note. 

206.259(e)(2) .................... (e) Adjustments. (2) The lessee must submit a corrected Form MMS–4430 to reflect actual costs, together with any payment, in accordance with instructions provided by MMS.Hour burden covered under § 210.201. 

206.262(a)(1) .................... Determination of transportation allowances .........

(a) Arm’s-length contracts. (1) * * * The lessee shall 

have the burden of demonstrating that its contract 

is arm’s-length* * *.

AUDIT PROCESS See Note. 

206.262(a)(1) .................... (a)(1) * * * the transportation allowance shall be the 

reasonable, actual costs incurred by the lessee for 

transporting the coal * * *.

.34 240 82 

206.262(a)(3) .................... (a)(3) * * * When MMS determines that the value of 

the transportation may be unreasonable, MMS will 

notify the lessee and give the lessee an opportunity to provide written information justifying the 

lessee’s transportation costs.

AUDIT PROCESS See Note. 

206.262(b)(1) .................... (b) Non-arm’s-length or no contract.—(1) * * * the 

transportation allowance will be based upon the 

lessee’s reasonable actual costs * * *.

.75 24 18 

206.262(b)(2)(iv) ............... (b)(2)(iv) * * * After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without approval of the MMS.1 1 1 

206.262(b)(2)(iv)(A) .......... (b)(2)(iv)(A) * * * After an election is made, the lessee may not change methods without MMS approval * * *.1 1 1 

206.262(b)(3) .................... (b)(3) A lessee may apply to MMS for exception 

from the requirement that it compute actual costs 

in accordance with paragraphs (b)(1) and (b)(2) of 

this section * * *.

1 1 1 

206.262(c)(1)(i) ................. (c) Reporting requirements—(1) Arm’s-length contracts. (i) The lessee must notify MMS of an allowance based on incurred costs by using a separate 

line entry on the Form MMS–4430.

Hour burden covered under § 210.201. 

206.262(c)(1)(ii) ................ (c)(1)(ii) The MMS may require that a lessee submit 

arm’s-length transportation contracts, production 

agreements, operating agreements, and related 

documents * * *.

AUDIT PROCESS See Note. 

206.262(c)(2)(i) ................. (c)(2) Non-arm’s-length or no contract. (i) The lessee 

must notify MMS of an allowance based on the incurred costs by using a separate line entry on 

Form MMS–4430.

Burden hours covered under § 210.201. 

206.262(c)(2)(iii) ............... (c)(2)(iii) Upon request by MMS, the lessee shall 

submit all data used to prepare the allowance deduction * * *.

AUDIT PROCESS See Note. 


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Citation 30 CFR Reporting & recordkeeping requirement Hour burden Average No. annual responses 

Annual burden 

hours 

206.262(e)(2) .................... (e) Adjustments * * * (2) The lessee must submit a 

corrected Form MMS–4430 to reflect actual costs, 

together with any payments, in accordance with 

instructions provided by MMS.

Hour burden covered under § 210.201. 

206.264 ............................. In-situ and surface gasification and liquefaction 

operations.

If an ad valorem Federal coal lease is developed by 

in-situ or surface gasification or liquefaction technology, the lessee shall propose the value of coal 

for royalty purposes to MMS. The MMS will review 

the lessee’s proposal and issue a value determination. The lessee may use its proposed value 

until MMS issues a value determination.

1 1 1 

206.265 ............................. Value enhancement of marketable coal .................

If, prior to use, sale, or other disposition, the lessee 

enhances the value of coal after the coal has 

been placed in marketable condition in accordance with § 206.257(h) of this subpart, the lessee 

shall notify MMS that such processing is occurring 

or will occur.

1 1 1 

Subpart J—Indian Coal 

206.452(c) ........................ Coal subject to royalties—general provisions ......

(c) * * * The lessee shall maintain accurate records 

to determine to which individual Indian lease coal 

in the waste pit or slurry pond should be allocated 

* * *.

Hour burden covered under § 206.453. 

206.453 ............................. Quality and quantity measurement standards for 

reporting and paying royalties.

* * * Coal quantity information shall be reported on 

appropriate forms required under 30 CFR part 216 

and on the Solid Minerals Production and Royalty 

Report, Form MMS–4430, as required under 30 

CFR part 210.

.42 48 20 

206.456(b)(1) .................... Valuation standards for ad valorem leases ...........

(b)(1) * * * The lessee shall have the burden of 

demonstrating that its contract is arm’s-length 

* * *.

AUDIT PROCESS See Note. 

206.456(b)(3) .................... (b)(3) * * * When MMS determines that the value 

may be unreasonable, MMS will notify the lessee 

and give the lessee an opportunity to provide written information justifying the lessee’s reported coal 

value.

AUDIT PROCESS See Note. 

206.456(b)(4) .................... (b)(4) MMS may require a lessee to certify that its 

arm’s-length contract provisions include all of the 

consideration to be paid by the buyer, either directly or indirectly, for the coal production.

AUDIT PROCESS See Note. 

206.456(d)(1) .................... (d)(1) Where the value is determined pursuant to 

paragraph (c) of this section, that value does not 

require MMS’ prior approval. However, the lessee 

shall retain all data relevant to the determination 

of royalty value.

Hour burden covered under § 206.453. 

206.456(d)(2) .................... (d)(2) An Indian lessee will make available upon request to the authorized MMS or Indian representatives, or to the Inspector General of the Department of the Interior or other persons authorized to 

receive such information, arm’s-length sales and 

sales quantity data for like-quality coal sold, purchased, or otherwise obtained by the lessee from 

the area.

AUDIT PROCESS See Note. 


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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued 

Citation 30 CFR Reporting & recordkeeping requirement Hour burden Average No. annual responses 

Annual burden 

hours 

206.456(d)(3) .................... (d)(3) A lessee shall notify MMS if it has determined 

value pursuant to paragraphs (c)(2)(ii), (c)(2)(iii), 

(c)(2)(iv), or (c)(2)(v) of this section * * *. The letter shall identify the valuation method to be used 

and contain a brief description of the procedure to 

be followed.

1 1 1 

206.456(f) ......................... (f) The lessee may request a value determination 

from MMS. In that event, the lessee shall propose 

to MMS a value determination method, and may 

use that method in determining value for royalty 

purposes until MMS issues its decision. The lessee shall submit all available data relevant to its 

proposal.

1 1 1 

206.456(i) ......................... (i) * * * Contract revisions or amendments shall be 

in writing and signed by all parties to an arm’slength contract, and may be retroactively applied 

to value for royalty purposes for a period not to 

exceed two years, unless MMS approves a longer 

period.

1 1 1 

206.458(a)(1) .................... Determination of washing allowances ...................

(a) Arm’s-length contracts. (1) * * * the washing allowance shall be the reasonable actual costs incurred by the lessee for washing the coal * * *. 

However, before any deduction may be taken, the 

lessee must submit a completed page one of 

Form MMS–4292, Coal Washing Allowance Report, in accordance with paragraph (c)(1) of this 

section. A washing allowance may be claimed 

retroactively for a period of not more than 3 

months prior to the first day of the month that 

Form MMS–4292 is filed with MMS, unless MMS 

approves a longer period upon a showing of good 

cause by the lessee.

2 1 2 

206.458(a)(3) .................... (a)(3) When MMS determines that the value of the 

washing may be unreasonable, MMS will notify 

the lessee and give the lessee an opportunity to 

provide written information justifying the lessee’s 

washing costs.

AUDIT PROCESS See Note. 

206.458(b)(1) .................... (b) Non-arm’s-length or no contract. (1) * * * the 

washing allowance will be based upon the lessee’s reasonable actual costs * * *. However, before any estimated or actual deduction may be 

taken, the lessee must submit a completed Form 

MMS–4292 in accordance with paragraph (c)(2) of 

this section. A washing allowance may be claimed 

retroactively for a period of not more than 3 

months prior to the first day of the month that 

Form MMS–4292 is filed with MMS, unless MMS 

approves a longer period upon a showing of good 

cause by the lessee * * *.

Hour burden covered under § 206.458(a)(1). 

206.458(b)(2)(iv) ............... (b)(2)(iv) * * * After a lessee has elected to use either method for a wash plant, the lessee may not 

later elect to change to the other alternative without approval of MMS.

1 1 1 

206.458(b)(2)(iv)(A) .......... (b)(2)(iv)(A) To compute depreciation, the lessee 

may elect to use either a straight-line depreciation 

method based on the life of equipment or on the 

life of the reserves which the wash plant services, 

whichever is appropriate, or a unit of production 

method. After an election is made, the lessee may 

not change methods without MMS approval.

1 1 1 


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206.458(c)(1)(i) ................. (c) Reporting requirements. (1) Arm’s-length contracts. (i) With the exception of those washing allowances specified in paragraphs (c)(1)(v) and 

(c)(1)(vi) of this section, the lessee shall submit 

page one of the initial Form MMS–4292 prior to, 

or at the same time, as the washing allowance determined pursuant to an arm’s-length contract is 

reported on Form MMS–4430, Solid Minerals Production and Royalty Report * * *.

Hour burden covered under § 206.458(a)(1). 

206.458(c)(1)(iii) ............... (c)(1)(iii) After the initial reporting period and for succeeding reporting periods, lessees must submit 

page one of Form MMS–4292 within 3 months 

after the end of the calendar year, or after the applicable contract or rate terminates or is modified 

or amended, whichever is earlier, unless MMS approves a longer period (during which period the 

lessee shall continue to use the allowance from 

the previous reporting period).

Hour burden covered under § 206.458(a)(1). 

206.458(c)(1)(iv) ............... (c)(1)(iv) MMS may require that a lessee submit 

arm’s-length washing contracts and related documents * * *.

AUDIT PROCESS See Note. 

206.458(c)(2)(i) ................. (c)(2) Non-arm’s-length or no contract. (i) With the 

exception of those washing allowances specified 

in paragraphs (c)(2)(v) and (c)(2)(vii) of this section, the lessee shall submit an initial Form MMS–

4292 prior to, or at the same time as, the washing 

allowance determined pursuant to a non-arm’slength contract or no contract situation is reported 

on Form MMS–4430, Solid Minerals Production 

and Royalty Report * * *.

Hour burden covered under § 206.458(a)(1). 

206.458(c)(2)(iii) ............... (c)(2)(iii) For calendar-year reporting periods succeeding the initial reporting period, the lessee 

shall submit a completed Form MMS–4292 containing the actual costs for the previous reporting 

period. If coal washing is continuing, the lessee 

shall include on Form MMS–4292 its estimated 

costs for the next calendar year * * *. Form 

MMS–4292 must be received by MMS within 3 

months after the end of the previous reporting period, unless MMS approves a longer period (during which period the lessee shall continue to use 

the allowance from the previous reporting period).

Hour burden covered under § 206.458(a)(1). 

206.458(c)(2)(vi) ............... (c)(2)(vi) Upon request by MMS, the lessee shall 

submit all data used by the lessee to prepare its 

Forms MMS–4292 * * *.

AUDIT PROCESS See Note. 

206.458(c)(4) .................... (c)(4) Washing allowances must be reported as a 

separate line on the Form MMS–4430, unless 

MMS approves a different reporting procedure.

Hour burden covered under § 210.201. 

206.458(e)(2) .................... (e) Adjustments. (2) The lessee must submit a corrected Form MMS–4430 to reflect actual costs, together with any payment, in accordance with instructions provided by MMS.Hour burden covered under § 210.201. 


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hours 

206.461(a)(1) .................... Determination of transportation allowances .........

(a) Arm’s-length contracts. (1) * * * the transportation allowance shall be the reasonable, actual 

costs incurred by the lessee for transporting the 

coal * * *. However, before any deduction may be 

taken, the lessee must submit a completed page 

one of Form MMS–4293, Coal Transportation Allowance Report, in accordance with paragraph 

(c)(1) of this section. A transportation allowance 

may be claimed retroactively for a period of not 

more than 3 months prior to the first day of the 

month that Form MMS–4293 is filed with MMS, 

unless MMS approves a longer period upon a 

showing of good cause by the lessee.

2 1 2 

206.461(a)(3) .................... (a) Arm’s-length contracts. (3) * * * When MMS determines that the value of the transportation may 

be unreasonable, MMS will notify the lessee and 

give the lessee an opportunity to provide written 

information justifying the lessee’s transportation 

costs.

AUDIT PROCESS See Note. 

206.461(b)(1) .................... (b) Non-arm’s-length or no contract. (1) * * * the 

transportation allowance will be based upon the 

lessee’s reasonable actual costs * * *. However, 

before any estimated or actual deduction may be 

taken, the lessee must submit a completed Form 

MMS–4293 in accordance with paragraph (c)(2) of 

this section. A transportation allowance may be 

claimed retroactively for a period of not more than 

3 months prior to the first day of the month that 

Form MMS–4293 is filed with MMS, unless MMS 

approves a longer period upon a showing of good 

cause by the lessee * * *.

Hour burden covered under § 206.461(a)(1). 

206.461(b)(2)(iv) ............... (b)(2)(iv) * * * After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without approval of MMS.1 1 1 

206.461(b)(2)(iv)(A) .......... (b)(2)(iv)(A) To compute depreciation, the lessee 

may elect to use either a straight-line depreciation 

method based on the life of equipment or on the 

life of the reserves which the transportation system services, whichever is appropriate, or a unit of 

production method. After an election is made, the 

lessee may not change methods without MMS approval.

1 1 1 

206.461(b)(3) .................... (b)(3) A lessee may apply to MMS for exception 

from the requirement that it compute actual costs 

in accordance with paragraphs (b)(1) and (b)(2) of 

this section.

1 1 1 

206.461(c)(1)(i) ................. (c) Reporting requirements. (1) Arm’s-length contracts. (i) With the exception of those transportation allowances specified in paragraphs (c)(1)(v) 

and (c)(1)(vi) of this section, the lessee shall submit page one of the initial Form MMS–4293 prior 

to, or at the same time as, the transportation allowance determined pursuant to an arm’s-length 

contract is reported on Form MMS–4430, Solid 

Minerals Production and Royalty Report.

Hour burden covered under § 206.461(a)(1). 


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206.461(c)(1)(iii) ............... (c)(1)(iii) After the initial reporting period and for succeeding reporting periods, lessees must submit 

page one of Form MMS–4293 within 3 months 

after the end of the calendar year, or after the applicable contract or rate terminates or is modified 

or amended, whichever is earlier, unless MMS approves a longer period (during which period the 

lessee shall continue to use the allowance from 

the previous reporting period). Lessees may request special reporting procedures in unique allowance reporting situations, such as those related 

to spot sales.

Hour burden covered under § 206.461(a)(1). 

206.461(c)(1)(iv) ............... (c)(1)(iv) MMS may require that a lessee submit 

arm’s-length transportation contracts, production 

agreements, operating agreements, and related 

documents * * *.

AUDIT PROCESS See Note. 

206.461(c)(2)(i) ................. (c)(2) Non-arm’s-length or no contract. (i) With the 

exception of those transportation allowances specified in paragraphs (c)(2)(v) and (c)(2)(vii) of this 

section, the lessee shall submit an initial Form 

MMS–4293 prior to, or at the same time as, the 

transportation allowance determined pursuant to a 

non-arm’s-length contract or no contract situation 

is reported on Form MMS–4430, Solid Minerals 

Production and Royalty Report * * *.

Hour burden covered under § 206.461(a)(1). 

206.461(c)(2)(iii) ............... (c)(2)(iii) For calendar-year reporting periods succeeding the initial reporting period, the lessee 

shall submit a completed Form MMS–4293 containing the actual costs for the previous reporting 

period * * *. Form MMS–4293 must be received 

by MMS within 3 months after the end of the previous reporting period, unless MMS approves a 

longer period (during which period the lessee shall 

continue to use the allowance from the previous 

reporting period).

Hour burden covered under § 206.461(a)(1). 

206.461(c)(2)(vi) ............... (c)(2)(vi) Upon request by MMS, the lessee shall 

submit all data used to prepare its Form MMS–

4293 * * *.

AUDIT PROCESS See Note. 

206.461(c)(4) .................... (c)(4) Transportation allowances must be reported 

as a separate line item on Form MMS–4430, unless MMS approves a different reporting procedure.

Hour burden covered under § 210.201. 

206.461(e)(2) .................... (e) Adjustments. (2) The lessee must submit a corrected Form MMS–4430 to reflect actual costs, together with any payment, in accordance with instructions provided by MMS.Hour burden covered under § 210.201. 

206.463 ............................. In-situ and surface gasification and liquefaction 

operations.

If an ad valorem Federal coal lease is developed by 

in-situ or surface gasification or liquefaction technology, the lessee shall propose the value of coal 

for royalty purposes to MMS * * *.

1 1 1 

206.464 ............................. Value enhancement of marketable coal .................

If, prior to use, sale, or other disposition, the lessee 

enhances the value of coal after the coal has 

been placed in marketable condition in accordance with § 206.456(h) of this subpart, the lessee 

shall notify MMS that such processing is occurring 

or will occur * * *.

1 1 1 


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hours 

Part 210—Forms and Reports 

Subpart E—Solid Minerals, General 

210.201(a)(1) .................... How do I submit Form MMS–4430, Solid Minerals 

Production and Royalty Report? 

(a) What to submit. (1) You must submit a completed Form MMS–4430 for * * *.

.5 1,668 834 

210.202(a)(1) and (c)(1) ... How do I submit sales summaries? .......................

(a) What to submit. (1) You must submit sales summaries for all coal and other solid minerals produced from Federal and Indian leases and for any 

remote storage site from which you sell Federal or 

Indian solid minerals * * * (c) How to submit. (1) 

You should provide the sales summary data via 

electronic mail where possible. We will provide instructions and the proper e-mail address for these 

submissions * * *.

.25 1,140 285 

210.203(a) ........................ How do I submit sales contracts? ..........................

(a) What to submit. You must submit sales contracts, agreements, and contract amendments for 

the sale of all coal and other solid minerals produced from Federal and Indian leases with ad valorem royalty terms * * *.

1 30 30 

210.204(a)(1) .................... How do I submit facility data? ................................

(a) What to submit. (1) You must submit facility data 

if you operate a wash plant, refining, ore concentration, or other processing facility for any coal, 

sodium, potassium, metals, or other solid minerals 

produced from Federal or Indian leases with ad 

valorem royalty terms * * *.

.25 360 90 

210.205 ............................. Will I need to submit additional documents or 

evidence to MMS? 

(a) Federal and Indian lease terms allow us to request detailed statements, documents, or other 

evidence necessary to verify compliance * * *.

(b) We will request this additional information as we 

need it * * *.

AUDIT PROCESS See Note. 

Subpart H—Geothermal Resources 

210.351 ............................. Required recordkeeping ..........................................

* * * [Geothermal] Records may be maintained on 

microfilm, microfiche, or other recorded media that 

are easily reproducible and readable * * *.

Hour burden covered under OMB 1010–0140. 

210.352 ............................. Payor information forms [geothermal] .....................

The Payor Information Form (Form MMS–4025) 

must be filed for each Federal lease on which 

geothermal royalties (including byproduct royalties) 

are paid * * *.

This form is no longer used by MMS. The CFR is currently 

under revision to eliminate this citation. 

210.353 ............................. Special forms and reports [geothermal] ..................

The MMS may require submission of additional information on special forms or reports* * *.

1 1 1 

210.354 ............................. Monthly report of sales and royalty .......................

A completed Report of Sales and Royalty Remittance (Form MMS–2014) must be submitted each 

month once sales or utilization of [geothermal] 

production occur, * * *.

Hour burden covered by OMB Control Number 1010–0140. 


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Citation 30 CFR Reporting & recordkeeping requirement Hour burden Average No. annual responses 

Annual burden 

hours 

Part 218—Collection of Royalties, Rentals, Bonuses and Other Monies Due the Federal Government 

Subpart E—Solid Minerals—General 

218.201(b) ........................ Method of payment ...................................................

You must tender all payments * * * except as follows: * * * (b) For Form MMS–4430 payments, include both your customer identification and your 

customer document identification numbers on your 

payment document * * *.

.0055 1,368 8 

Total Burden ......................................................................................................................................... 5,777 1,778 

Note: AUDIT PROCESS—The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction Act of 

1995 because MMS staff asks non-standard questions to resolve exceptions. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Non-hour Cost’’

Burden: We have identified no ‘‘nonhour cost’’ burden associated with the 

collection of information. 

Public Disclosure Statement: The PRA 

(44 U.S.C. 3501 et seq.) provides that an 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless it 

displays a currently valid OMB control 

number. 

Comments: 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 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. 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 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: February 13, 2007. 

Steven D. Textoris, 

Acting Associate Director for Minerals 

Revenue Management. 

[FR Doc. E7–3737 Filed 3–6–07; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Proposed Award; Temporary 

Concession Contract for Great Island 

Cabin and Ferry Service at Cape 

Lookout National Seashore, NC 

AGENCY: National Park Service, Interior. 

ACTION: Notice of proposed award of 

temporary concession contract. 

EFFECTIVE DATE: February 1, 2007. 

FOR FURTHER INFORMATION CONTACT: Ben 

Hanslin, Concessions Management 

Specialist, Southeast Region, National 

Park Service, 100 Alabama Street, SW., 

Building 1924, Atlanta, GA 30303 404/ 

562–3108, extension 740. 

SUMMARY: Pursuant to 36 CFR part 51, 

public notice is hereby given that the 

National Park Service proposes to award 

a temporary concession contract for 

continuation of visitor reservations and 

cabin rental in the Great Island cabin 

area on South Core Banks (Banks), Cape 

Lookout National Seashore and ferry 

service to and from the community of 

Davis, North Carolina to the Banks for 

a term not to exceed December 31, 2007. 

SUPPLEMENTARY INFORMATION: The 

temporary concession contract is being 

awarded to Morris Marina Kabin Kamps 

and Ferry Service, Inc., a qualified 

person, as that term is defined in 36 


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