Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices 18385 

courts have applied a balancing test to 

determine whether State and local 

taxation of non-Indians on the 

reservation is preempted. White 

Mountain Apache Tribe v. Bracker, 448 

U.S. 136, 143 (1980). The Bracker 

balancing test, which is conducted 

against a backdrop of ‘‘traditional 

notions of Indian self- government,’’ 

requires a particularized examination of 

the relevant State, Federal, and Tribal 

interests. We hereby adopt the Bracker 

analysis from the preamble to the 

surface leasing regulations, 77 FR at 

72447–48, as supplemented by the 

analysis below. 

The strong Federal and Tribal 

interests against State and local taxation 

of improvements, leaseholds, and 

activities on land leased under the 

Department’s leasing regulations apply 

equally to improvements, leaseholds, 

and activities on land leased pursuant to 

Tribal leasing regulations approved 

under the HEARTH Act. Congress’s 

overarching intent was to ‘‘allow Tribes 

to exercise greater control over their 

own land, support self-determination, 

and eliminate bureaucratic delays that 

stand in the way of homeownership and 

economic development in Tribal 

communities.’’ 158 Cong. Rec. H. 2682 

(May 15, 2012). The HEARTH Act was 

intended to afford Tribes ‘‘flexibility to 

adapt lease terms to suit [their] business 

and cultural needs’’ and to ‘‘enable 

[Tribes] to approve leases quickly and 

efficiently.’’ H. Rep. 112–427 at 6 

(2012). 

Assessment of State and local taxes 

would obstruct these express Federal 

policies supporting Tribal economic 

development and self-determination, 

and also threaten substantial Tribal 

interests in effective Tribal government, 

economic self-sufficiency, and territorial 

autonomy. See Michigan v. Bay Mills 

Indian Community, 572 U.S. 782, 810 

(2014) (Sotomayor, J., concurring) 

(determining that ‘‘[a] key goal of the 

Federal Government is to render Tribes 

more self-sufficient, and better 

positioned to fund their own sovereign 

functions, rather than relying on Federal 

funding’’). The additional costs of State 

and local taxation have a chilling effect 

on potential lessees, as well as on a 

Tribe that, as a result, might refrain from 

exercising its own sovereign right to 

impose a Tribal tax to support its 

infrastructure needs. See id. at 810–11 

(finding that State and local taxes 

greatly discourage Tribes from raising 

tax revenue from the same sources 

because the imposition of double 

taxation would impede Tribal economic 

growth). 

Similar to BIA’s surface leasing 

regulations, Tribal regulations under the 

HEARTH Act pervasively cover all 

aspects of leasing. See 25 U.S.C. 

415(h)(3)(B)(i) (requiring Tribal 

regulations be consistent with BIA 

surface leasing regulations). 

Furthermore, the Federal government 

remains involved in the Tribal land 

leasing process by approving the Tribal 

leasing regulations in the first instance 

and providing technical assistance, 

upon request by a Tribe, for the 

development of an environmental 

review process. The Secretary also 

retains authority to take any necessary 

actions to remedy violations of a lease 

or of the Tribal regulations, including 

terminating the lease or rescinding 

approval of the Tribal regulations and 

reassuming lease approval 

responsibilities. Moreover, the Secretary 

continues to review, approve, and 

monitor individual Indian land leases 

and other types of leases not covered 

under the Tribal regulations according 

to the Part 162 regulations. 

Accordingly, the Federal and Tribal 

interests weigh heavily in favor of 

preemption of State and local taxes on 

lease-related activities and interests, 

regardless of whether the lease is 

governed by Tribal leasing regulations 

or Part 162. Improvements, activities, 

and leasehold or possessory interests 

may be subject to taxation by the 

Northfork Rancheria of Mono Indians of 

California. 

Bryan Newland, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2022–06673 Filed 3–29–22; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

[223D0102DM, DS6CS00000, 

DLSN00000.000000. DX6CS25; OMB Control 

Number 1093-New] 

Agency Information Collection 

Activities; Application Requirement for 

States To Apply for Orphaned Well Site 

Plugging, Remediation, and 

Restoration Grant Consideration 

AGENCY: Office of the Secretary, Interior. 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, the 

Office of the Secretary will seek Office 

of Management and Budget (OMB) 

approval of an emergency clearance of 

a new information collection. 

DATES: Interested persons are invited to 

submit comments on or before May 31, 

2022. 

ADDRESSES: Written comments and 

recommendations for the proposed 

emergency clearance of a new 

information collection should be sent to 

Departmental Information Collection 

Clearance Officer, U.S. Department of 

the Interior, 1849 C Street NW, 

Washington, DC 20240; or by email to 

DOI-PRA@ios.doi.gov. Please reference 

OMB Control Number ‘‘1093-New 

Orphaned Well Grants’’ in the subject 

line of your comments. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information about 

this ICR, contact William B. Lodder Jr., 

Team Leader, Environmental Cleanup 

and Liability Management Team, Office 

of Environmental Policy and 

Compliance (OEPC), U.S. Department of 

the Interior, 1849 C Street NW, 

Washington, DC 20240; by telephone at 

202–208–6128; or by email to 

orphanedwells@ios.doi.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: In 

accordance with the Paperwork 

Reduction Act of 1995 (PRA, 44 U.S.C. 

3501 et seq.) and 5 CFR 1320.8(d)(1), all 

information collections require approval 

under the PRA. We 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 our continuing effort to 

reduce paperwork and respondent 

burdens, we invite the public and other 

Federal agencies to comment on new, 

proposed, revised, and continuing 

collections of information. This helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand our 

information collection requirements and 

provide the requested data in the 

desired format. 

We are especially interested in public 

comment addressing the following: 

(1) Whether or not the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether or not the 

information will have practical utility; 

(2) The accuracy of our estimate of the 

burden for this collection of 

information, including the validity of 

the methodology and assumptions used; 


khammond on DSKJM1Z7X2PROD with NOTICES
18386 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices 

(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. We will include or 

summarize each comment in our 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 us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Abstract: Public Law 117–58, Section 

40601, ‘‘Orphaned Well Site Plugging, 

Remediation, and Restoration’’ 

contained in the Bipartisan 

Infrastructure Law (BIL) (November 15, 

2021) amends Section 349 of the Energy 

Policy Act of 2005 (42 U.S.C. 15907) 

and designates the U.S. Department of 

the Interior (Interior) as the key agency 

responsible for implementing a grant 

program for applicable government 

entities to plug, remediate, and reclaim 

orphaned wells on lands covered by the 

legislation. The associated investments, 

as part of the new grant programs, will 

rebuild America’s critical infrastructure, 

tackle the climate crisis, advance 

environmental justice, and drive the 

creation of good-paying union jobs. 

Interior will issue financial assistance 

through grant and cooperative 

agreement awards to state governments 

and Indian tribal governments under 

Assistance Listing (CFDA) program 

15.018 Energy Community 

Revitalization Program (ECRP). The 

authority is the Infrastructure 

Investment and Jobs Act (Pub. L. 117– 

58), Title VI, Section 40601. 

The program is separated into the 

following parts: 

1. Initial Mandatory Grants to States 

2. Formula Grants to States 

3. Performance Grants to States 

4. Tribal Grants 

BIL Section 40601 stipulates the first 

deadline to implement the initial grants 

portion of the program as May 14, 2022. 

However, since that date is a Saturday, 

the program has set the deadline for 

applications to 11:59 p.m. EDT Friday, 

May 13, 2022. The BIL requires Interior 

to collect information necessary to 

ensure that grant funds authorized by 

this legislation are used in accordance 

with the BIL and Federal assistance 

requirements under 2 CFR 200. 

Information collected by Interior’s 

Office of Environmental Policy and 

Compliance (OEPC) as part of the 

consolidated workplan is described 

below. Interior seeks OMB approval of 

an emergency clearance to collect this 

information to manage and monitor 

grant awards to comply with the BIL. 

To implement grant funds authorized 

by the BIL, the OEPC proposes to collect 

the following information associated 

with the administration of grants related 

to ‘‘Orphaned Well Site Plugging, 

Remediation, and Restoration’’ under 

Section 40601: 

• Consolidated Workplans—We ask 

for the following information as part of 

the consolidated workplan: 

—(a) The applicant’s process for 

determining that a well has been 

orphaned, including what efforts will 

be made to redeem financial 

assurances or otherwise recoup 

remediation costs from any parties 

responsible; 

—(b) A description of the applicant’s 

plugging standards, including the 

witnessing requirements 

(qualifications of witness, 

documentation); 

—(c) Details of the applicant’s 

prioritization process for evaluating 

and ranking orphan wells and 

associated surface reclamation, 

including criteria, weighting, and how 

such prioritization will address 

resource and financial risk, public 

health and safety, potential 

environmental harm (including 

methane emissions where applicable), 

and other land use priorities; 

—(d) If no prioritization process 

currently exists, the applicant should 

describe its plans to develop and 

implement a prioritization process; 

—(e) Details of how the applicant will 

identify and address any 

disproportionate burden of adverse 

human health or environmental 

effects of orphaned wells on 

disadvantaged communities, 

including communities of color, lowincome communities, and Tribal and 

indigenous communities; 

—(f) The methodology to be used by the 

applicant to measure and track 

methane and other gases associated 

with orphaned wells, including how 

the applicant will confirm the 

effectiveness of plugging activities in 

reducing or eliminating such 

emissions; 

—(g) The methodology to be used by the 

applicant to measure and track 

contamination of groundwater and 

surface water associated with 

orphaned wells, including how the 

applicant will confirm the 

effectiveness of plugging activities in 

reducing or eliminating such 

contamination; 

—(h) The methodology to be used to 

decommission or remove associated 

pipelines, facilities, and infrastructure 

and to remediate soil and restore 

habitat that has been degraded due to 

the presence of orphaned wells and 

associated infrastructure; 

—(i) Methods the applicant will use to 

solicit recommendations from local 

officials and the public regarding the 

prioritization of well plugging and 

site remediation activities, and any 

other processes the applicant will use 

to solicit feedback on the program 

from local officials and the public; 

—(j) Latitude/Longitude and all other 

data elements and associated units of 

measure as indicated in the Orphaned 

Well Data Reporting Template (see 

guidance provided within the IC in 

ROCIS); 

—(k) How the applicant will use 

funding to locate currently 

undocumented orphaned wells; 

—(l) Plans the applicant has to engage 

third-parties in partnerships around 

well plugging and site remediation, or 

any existing similar partnerships the 

applicant currently belongs to; 

—(m) Training programs, registered 

apprenticeships, and local and 

economic hire agreements for workers 

the applicant intends to conduct or 

fund in well plugging or site 

remediation; 

—(n) Plans the applicant has to support 

opportunities for all workers, 

including workers underrepresented 

in well plugging or site remediation, 

to be trained and placed in goodpaying jobs directly related to the 

project; 

—(o) Plans the applicant has to 

incorporate equity for underserved 

communities into their planning, 

including supporting the expansion of 

high-quality, good paying jobs 

through workforce development 

programs and incorporating workforce 

strategy into project development; 

—(p) Procedures the applicant will use 

to coordinate with Federal or Tribal 

agencies to determine whether 

efficiencies may exist by combining 

field survey, plugging, or surface 

remediation work across private, 

State, Federal, and Tribal land; 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices 18387 

—(q) The applicant’s authorities to enter 

private property, or an applicant’s 

procedures to obtain landowner 

consent to enter private property, in 

the event that any wells to be plugged 

will be accessed from privately owned 

surface; 

—(r) A work schedule covering the 

period of performance of the Initial 

grant; and 

—(s) If applicable, a federally approved 

Indirect Cost Rate Agreement or 

statement regarding applicant’s 

intention to negotiate or utilize the de 

minimis rate. 

• Grant Applications—The OEPC 

proposes to collect the following 

additional elements from applicants: 

—Standard forms (SF) from the SF–424 

Series: Applicants must submit the 

following SF–424 series of forms: 

Æ SF–424, Application for Federal 

Assistance; 

Æ SF–424A, Budget Information for 

Non-Construction Programs or SF– 

424C Budget Information for 

Construction Program; 

Æ SF–424B, Assurances for NonConstruction Programs) or SF–424D 

Assurances for Construction 

Programs); 

Æ SF–428 Tangible Personal Property 

Report; and the 

Æ SF–LLL, Disclosure of Lobbying 

Activities, when applicable) 

—Indirect Cost Statement: If requesting 

reimbursement for indirect costs, all 

applicants must include in their 

application a statement regarding how 

they anticipate charging indirect 

costs. 

—Negotiated Indirect Cost Rate 

Agreement (NICRA): When 

applicable, a copy of the applicant’s 

current Federal Agency-approved 

Negotiated Indirect Cost Rate 

Agreement is required. 

—Single Audit Reporting Statement: All 

U.S. governmental entities and nonprofit applicants must submit a 

statement regarding their single audit 

reporting status. 

—Conflict of Interest Disclosures: 

Applicants must notify the Service in 

writing of any actual or potential 

conflicts of interest known at the time 

of application or that may arise during 

the life of this award, in the event the 

Service makes an award to the entity. 

—Certification Statement: Applicants 

for the Initial Grant part of this 

program must provide a signed State 

Certification statement consistent 

with Section 40601(c)(3)(A)(ii)(III) or 

40601(c)(3)(A)(i)(II) of the BIL. 

• Amendments—For many budget 

and program plan revisions, 2 CFR 200 

requires recipients submit revision 

requests to the Federal awarding agency 

in writing for prior approval. Interior 

reviews such requests received to 

determine the eligibility and 

allowability of new or revised activities 

and costs and approves certain items of 

cost. 

• Reporting/Recordkeeping 

Requirements: 

—Financial Reports: Recipients are 

required to submit all financial 

reports on the Standard Form 425, 

Federal Financial Report. All 

recipients must submit financial 

reports in accordance with 2 CFR 200. 

The frequency of financial reporting 

may vary between the different parts 

of this program. However, all 

recipients will be required to submit 

reports at least annually and no more 

frequently than quarterly. We may 

require interim reports more 

frequently than quarterly as a specific 

condition of award in unusual 

circumstances, for example where 

more frequent reporting is necessary 

for the effective monitoring of the 

Federal award or could significantly 

affect program outcomes, and 

preferably in coordination with 

performance reporting. 

—Performance Reports: Recipients must 

submit performance reports in 

accordance with 2 CFR 200. We use 

performance reports as a tool to 

ensure that the recipient is 

accomplishing the work on schedule 

and to identify any problems that the 

awardee may be experiencing in 

accomplishing that work. This 

information is necessary for the 

Service to track accomplishments and 

performance-related data. 

Performance reports must include: 

Æ A comparison of actual 

accomplishments to the goals and 

objectives established for the 

reporting period, the results/ 

findings, or both; 

Æ If the goals and objectives were not 

met, the reasons why, including 

analysis and explanation of cost 

overruns or high unit costs 

compared to the benefit received to 

reach an objective; 

Æ Performance trend data and 

analysis to be used by the awarding 

program to monitor and assess 

recipient and Federal awarding 

program performance; and 

Æ Consolidated long-term work plan 

and accomplishments updates, 

when award is part of a large scale 

or long-term effort funded under 

multiple awards over time. 

The frequency of performance 

reporting may vary between the 

different parts of this program. 

However, all recipients will be required 

to submit reports at least annually and 

no more frequently than quarterly. We 

may require interim reports more 

frequently than quarterly as a specific 

condition of award in unusual 

circumstances, for example where more 

frequent reporting is necessary for the 

effective monitoring of the Federal 

award or could significantly affect 

program outcomes. 

—Final 15-month Report: As required in 

the BIL, State recipients under the 

Initial Grants part of the program 

must submit a report no later than 15 

months after the date on which the 

State receives the funds, describing 

the means by which the State used the 

funds in accordance with its 

application and certification, and 

including the reporting parameters 

described in this guidance. 

—Recordkeeping Requirements: 

Recipients must retain financial 

records, supporting documents, 

statistical records, and all other 

records pertinent to a Federal award 

per 2 CFR 200 requirements. 

Title of Collection: Application 

Requirement for States to Apply for 

Orphaned Well Site Plugging, 

Remediation, and Restoration Grant 

Consideration. 

OMB Control Number: 1093–New. 

Form Number: None. 

Type of Review: Request for 

emergency approval of a new 

information collection. 

Respondents/Affected Public: 92 (27 

State and 65 Tribal governments). 

Respondent’s Obligation: Required to 

obtain or retain a benefit. 

Frequency of Collection: On occasion. 

Total Estimated Annual Nonhour 

Burden Cost: None. 

Requirement 

Average 

number 

of annual 

respondents 

Average 

number of 

responses 

each 

Average 

number 

of annual 

responses 

Average 

completion 

time per 

response 

(hours) 

Estimated 

annual burden 

hours 

Consolidated Workplan: 


khammond on DSKJM1Z7X2PROD with NOTICES
18388 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Notices 

Requirement 

Average 

number 

of annual 

respondents 

Average 

number of 

responses 

each 

Average 

number 

of annual 

responses 

Average 

completion 

time per 

response 

(hours) 

Estimated 

annual burden 

hours 

Government .................................................................. 92 1 92 4 368 

Applications: 

Government .................................................................. 92 1 92 40 3,680 

Amendments: 

Government .................................................................. 10 1 10 3 30 

Financial Reports: 

Reporting ...................................................................... 92 1 92 6 552 

Recordkeeping .............................................................. ........................ ........................ ........................ 2 184 

Performance Reports: 

Reporting ...................................................................... 92 1 92 24 2,208 

Recordkeeping .............................................................. ........................ ........................ ........................ 8 736 

Final 15-month Reports: 

Reporting ...................................................................... 92 1 92 24 2,208 

Recordkeeping .............................................................. ........................ ........................ ........................ 8 736 

Totals ..................................................................... 470 ........................ 470 ........................ 10,702 

An agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

The authority for this action is the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Jeffrey Parrillo, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. 2022–06708 Filed 3–29–22; 8:45 am] 

BILLING CODE 4334–63–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLMTC01000–L10600000–MC0000MO# 

4500155770] 

Notice of Intent To Amend the Billings 

Field Office 2015 Resource 

Management Plan and To Prepare an 

Associated Environmental 

Assessment, Montana 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of intent. 

SUMMARY: In compliance with the 

National Environmental Policy Act of 

1969, as amended (NEPA), and the 

Federal Land Policy and Management 

Act of 1976, as amended (FLPMA), the 

Bureau of Land Management (BLM) 

Billings Field Office, Billings, Montana, 

intends to prepare an amendment to the 

Billings Field Office Resource 

Management Plan (RMP) and an 

associated Environmental Assessment 

(EA). The EA will analyze a proposed 

change to the RMP’s Management 

Decision Wild Horse (MD WH–7) with 

respect to managing genetic diversity in 

the Pryor Mountain Wild Horse herd. 

This notice initiates the EA scoping 

process for the RMP amendment to 

solicit public comments and identify 

issues and announces the opportunity 

for public review of the planning 

criteria. 

DATES: In order to be included in the 

analysis, all comments must be received 

electronically or in writing no later than 

April 29, 2022. The BLM does not plan 

to hold any scoping meetings for this 

RMP amendment. We will provide 

additional opportunities for public 

participation as appropriate. 

ADDRESSES: Comments may be 

submitted electronically through the 

BLM e-planning website at https://

eplanning.blm.gov/eplanning-ui/ 

project/1502632/510, or written 

comments may be sent to Wild Horse & 

Burro Coordinator, Billings Field Office, 

Bureau of Land Management, 5001 

Southgate Drive, Billings, MT 59101. 

FOR FURTHER INFORMATION CONTACT: 

Dave LeFevre, telephone 406–896–5349, 

or email dlefevre@blm.gov. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal Relay 

Service (FRS) at 1–800–877–8339 to 

contact Mr. LeFevre during normal 

business hours. The FRS is available 24 

hours a day, 7 days a week, to leave a 

message or question. You will receive a 

reply during normal business hours. 

Normal business hours are 8:00 a.m. to 

4:30 p.m., Monday through Friday, 

except for Federal holidays. 

SUPPLEMENTARY INFORMATION: This 

document provides notice that the BLM 

Billings Field Office, Billings, MT, 

intends to amend the Billings Field 

Office RMP and prepare an associated 

EA, announces the proposed plan 

amendment scoping process, and seeks 

public input on issues and planning 

criteria. Planning criteria help define 

decision space and are based upon 

applicable laws, Director and State 

Director guidance, and the results of 

public and governmental participation 

(43 CFR 1610.4–2). The draft planning 

criteria considered in the development 

of the proposed amendment include: 

(1) The proposed amendment will be 

completed in compliance with NEPA, 

FLPMA, the Wild Free-Roaming Horses 

and Burro Act, as amended, and the 

implementing regulations in 43 CFR 

1700, BLM Wild Horses and Burros 

Management Handbook H–1700–1, and 

other applicable laws, regulations, and 

policy. 

(2) The proposed amendment is 

limited to MD WH–7 and would not 

change any other existing planning 

decisions in the Billings Field Office 

RMP. 

(3) The proposed amendment would 

only apply to lands and resources 

managed by the BLM as described in the 

2015 Billings Field Office RMP; it 

would not change management 

direction for other agencies. 

(4) Decisions are compatible with 

existing plans and policies of adjacent 

local, State, Federal, and Tribal 

agencies, so long as the decisions are 

consistent with the purposes, policies, 

and programs of Federal law and 

regulations applicable to public lands. 

The Pryor Mountain Wild Horse 

Range is located in the Pryor Mountains 

in southeastern Carbon County, 

Montana, and northern Big Horn 

County, Wyoming, and encompasses 

approximately 38,000 acres of land. 

In 2009, the BLM approved the Pryor 

Mountain Wild Horse Range/Territory 

Herd Management Area Plan (HMAP) 

that identified management objectives 

for the Pryor Mountain wild horses and 

horse range. The 2009 HMAP managed 

the Pryor Mountain wild horses for a 


khammond on DSKJM1Z7X2PROD with NOTICES