[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Notices]
[Pages 18385-18388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06708]


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

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 
<a href="/cdn-cgi/l/email-protection#10545f593d40425150797f633e747f793e777f66"><span class="__cf_email__" data-cfemail="a0e4efe98df0f2e1e0c9cfd38ec4cfc98ec7cfd6">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#402f323028212e252437252c2c3300292f336e242f296e272f36"><span class="__cf_email__" data-cfemail="234c51534b424d464754464f4f50634a4c500d474c4a0d444c55">[email protected]</span></a>. 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-of-contact 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;

[[Page 18386]]

    (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:
    <bullet> 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, low-income 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 good-paying 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;

[[Page 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.

    <bullet> 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:
    [cir] SF-424, Application for Federal Assistance;
    [cir] SF-424A, Budget Information for Non-Construction Programs or 
SF-424C Budget Information for Construction Program;
    [cir] SF-424B, Assurances for Non-Construction Programs) or SF-424D 
Assurances for Construction Programs);
    [cir] SF-428 Tangible Personal Property Report; and the
    [cir] 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 
non-profit 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.

    <bullet> 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.
    <bullet> 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:
    [cir] A comparison of actual accomplishments to the goals and 
objectives established for the reporting period, the results/findings, 
or both;
    [cir] 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;
    [cir] Performance trend data and analysis to be used by the 
awarding program to monitor and assess recipient and Federal awarding 
program performance; and
    [cir] 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.

----------------------------------------------------------------------------------------------------------------
                                                                                      Average
                                  Average number  Average number  Average number    completion       Estimated
           Requirement               of annual     of responses      of annual       time per      annual burden
                                    respondents        each          responses       response          hours
                                                                                      (hours)
----------------------------------------------------------------------------------------------------------------
Consolidated Workplan:

[[Page 18388]]

 
    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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>