[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Pages 27167-27173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13247]


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

DEPARTMENT OF THE INTERIOR

Minerals Management Service

[Docket No. MMS-2008-MRM-0033]


Agency Information Collection Activities: Submitted for Office of 
Management and Budget Review; Comment Request

AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Notice of an extension of a currently approved information 
collection (OMB Control Number 1010-0087).

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

SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we 
are notifying the public that we have submitted to the Office of 
Management and Budget (OMB) an information collection request (ICR) to 
renew approval of the paperwork requirements in the regulations under 
30 CFR parts 227, 228, and 229. This notice also provides the public a 
second opportunity to comment on the paperwork burden of these 
regulatory requirements. The title of this collection is ``30 CFR Parts 
227, 228, and 229, Delegated and Cooperative Activities with States and 
Indian Tribes.''

DATES: Submit written comments on or before July 8, 2009.

ADDRESSES: Submit written comments by either FAX (202) 395-5806 or e-
mail (<a href="/cdn-cgi/l/email-protection#d59a9c87948a91bab6beb0a195bab8b7fbb0baa5fbb2baa3"><span class="__cf_email__" data-cfemail="115e5843504e557e727a7465517e7c733f747e613f767e67">[email protected]</span></a>) directly to the Office of Information 
and Regulatory Affairs, OMB, Attention: Desk Officer for the Department 
of the Interior (OMB Control Number 1010-0087).
    Please submit copies of your comments to MMS by one of the 
following methods:
    <bullet> Electronically go to http://www.regulations.gov. In the 
``Comment or Submission'' column, enter ``MMS-2008-MRM-0033'' to view 
supporting

[[Page 27168]]

and related materials for this ICR. Click on ``Send a comment or 
submission'' link to submit public comments. Information on using 
Regulations.gov, including instructions for accessing documents, 
submitting comments, and viewing the docket after the close of the 
comment period, is available through the site's ``User Tips'' link. All 
comments submitted will be posted to the docket.
    <bullet> Mail comments to Armand Southall, Regulatory Specialist, 
Minerals Management Service, Minerals Revenue Management, P.O. Box 
25165, MS 300B2, Denver, Colorado 80225. Please reference ICR 1010-0087 
in your comments.
    <bullet> Hand-carry comments or use an overnight courier service. 
Our courier address is Building 85, Room A-614, Denver Federal Center, 
West 6th Ave. and Kipling St., Denver, Colorado 80225. Please reference 
ICR 1010-0087 in your comments.

FOR FURTHER INFORMATION CONTACT: Armand Southall, telephone (303) 231-
3221, or e-mail <a href="/cdn-cgi/l/email-protection#0362716e626d672d706c76776b626f6f436e6e702d646c75"><span class="__cf_email__" data-cfemail="bcddced1ddd2d892cfd3c9c8d4ddd0d0fcd1d1cf92dbd3ca">[email protected]</span></a>. You may also contact Mr. 
Southall to obtain copies, at no cost, of (1) the ICR and (2) the 
regulations that require the subject collection of information.

SUPPLEMENTARY INFORMATION:
    Title: 30 CFR Parts 227, 228, and 229, Delegated and Cooperative 
Activities with States and Indian Tribes.
    OMB Control Number: 1010-0087.
    Bureau Form Number: None.
    Abstract: The Secretary of the U.S. Department of the Interior is 
responsible for mineral resource development on Federal and Indian 
lands and the Outer Continental Shelf (OCS). Under the Mineral Leasing 
Act of 1920, Outer Continental Shelf Lands Act of 1953, Geothermal 
Steam Act of 1970, and Indian Mineral Development Act of 1982, the 
Secretary is responsible for managing the production of minerals from 
Federal and Indian lands and the OCS, collecting royalties and other 
mineral revenues from lessees who produce minerals, and distributing 
the funds collected in accordance with applicable laws.
    The Secretary also has a trust responsibility to manage Indian 
lands and seek advice and information from Indian beneficiaries. The 
MMS performs the mineral revenue management functions and assists the 
Secretary in carrying out the Department's trust responsibility for 
Indian lands.
    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 in an 
amount or value of production from the leased lands. The lessee is 
required to report various kinds of information to the lessor relative 
to the disposition of the leased minerals. Such information is 
generally available within the records of the lessee or others involved 
in developing, transporting, processing, purchasing, or selling of such 
minerals. The information MMS collects includes data necessary to 
ensure that the lessee accurately values and appropriately pays all 
royalties and other mineral revenues due.
    The Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA), as 
amended by the Federal Oil and Gas Royalty Simplification and Fairness 
Act of 1996, sections 3, 4, and 8 for Federal lands, authorizes the 
Secretary to develop delegated and cooperative agreements with states 
(sect. 205) and Indian tribes (sect. 202) to carry out certain 
inspection, auditing, investigation, or limited enforcement activities 
for oil and gas leases in their jurisdiction. The states and Indian 
tribes are working partners and are an integral part of the overall 
onshore and offshore compliance effort. The Appropriations Act of 1992 
also authorizes the states and Indian tribes to perform the same 
functions for coal and other solid mineral leases.
    Public laws pertaining to mineral revenues are located on our Web 
site at http://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm.
    Relevant parts of the Code of Federal Regulations (CFR) include 30 
CFR parts 227, 228, and 229, as described below:
    Title 30 CFR Part 227--Delegation to States, provides procedures to 
delegate certain Federal minerals revenue management functions to 
states for Federal oil and gas leases. The regulation also provides 
only audit and investigation functions to states for Federal geothermal 
and solid mineral leases, and leases subject to Section 8(g) of the OCS 
Lands Act, within their state boundaries. To be considered for such 
delegation, states must submit a written proposal, and receive approval 
from MMS, and provide periodic accounting documentation to MMS.
    Title 30 CFR Part 228--Cooperative Activities with States and 
Indian Tribes, provides procedures to utilize the capabilities of the 
Indian tribes to carry out audits and related investigations of their 
respective leased lands. Indian tribes must submit a written proposal 
to enter into a cooperative agreement to MMS, outlining the activities 
to be undertaken and present evidence that they can meet the standards 
of the Secretary for the activities to be conducted. The tribes must 
also submit an annual work plan and budget, as well as quarterly 
reimbursement vouchers.
    Title 30 CFR Part 229--Delegation to States, provides procedures to 
utilize the capabilities of the states to carry out audits and related 
investigations of leased Indian lands within their respective state 
boundaries, by permission of the respective Indian tribal councils or 
individual Indian mineral owners. The state must receive the 
Secretary's delegation of authority and submit annual audit work plans 
detailing its audits and related investigations, annual budgets, and 
quarterly reimbursement vouchers. The state is also required to 
maintain records.
    In summary, this collection of information is necessary in order 
for states and Indian tribes to conduct audits and related 
investigations of Federal and Indian oil, gas, coal, any other solid 
minerals, and geothermal royalty revenues from Federal and tribal 
leased lands.
    The MMS protects proprietary information submitted under this 
collection. The MMS does not collect items of a sensitive nature. A 
response to engage in these programs is required to obtain the benefit 
of entering into a cooperative agreement with the Secretary.
    Frequency: Varies based on the function performed.
    Estimated Number and Description of Respondents: 11 states and 7 
Indian tribes.
    Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 6,178 
hours.
    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:

[[Page 27169]]



                                   Respondents' Estimated Annual Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of      Annual
            30 CFR               Reporting and recordkeeping requirements  Hour burden     annual       burden
                                                                                         fresponses     hours
----------------------------------------------------------------------------------------------------------------
                                         Part 227--Delegation to States
----------------------------------------------------------------------------------------------------------------
                                              Delegation Proposals
----------------------------------------------------------------------------------------------------------------
227.103; 107; 109; 110(a) and   What must a State's delegation proposal            200            1          200
 (b)(1); 110(c) and (e);         contain?.
 111(a) and (b); 805.           If you want MMS to delegate royalty
                                 management functions to you, then you
                                 must submit a delegation proposal to the
                                 MMS Associate Director for Minerals
                                 Revenue Management. MMS will provide you
                                 with technical assistance and
                                 information to help you prepare your
                                 delegation proposal. . . ..
----------------------------------------------------------------------------------------------------------------
                                               Delegation Process
----------------------------------------------------------------------------------------------------------------
227.110(b)(2).................  (b)(2) If you want to change the terms of           15           11          165
                                 your delegation agreement for the
                                 renewal period, you must submit a new
                                 delegation proposal under this part.
----------------------------------------------------------------------------------------------------------------
                                              Existing Delegations
----------------------------------------------------------------------------------------------------------------
                                                  Compensation
----------------------------------------------------------------------------------------------------------------
227.112(d) and (e)............  What compensation will a State receive to            4           84          336
                                 perform delegated functions?
                                You will receive compensation for your
                                 costs to perform each delegated function
                                 subject to the following conditions . .
                                 ..
                                (d) At a minimum, you must provide
                                 vouchers detailing your expenditures
                                 quarterly during the fiscal year.
                                 However, you may agree to provide
                                 vouchers on a monthly basis in your
                                 delegation agreement . . ..
                                (e) You must maintain adequate books and   ...........  ...........  ...........
                                 records to support your vouchers . . .a
----------------------------------------------------------------------------------------------------------------
                             States' Responsibilities To Perform Delegated Functions
----------------------------------------------------------------------------------------------------------------
227.200(a), (b), (c), and (d).  What are a State's general                         200           11        2,200
                                 responsibilities if it accepts a
                                 delegation?
                                For each delegated function you perform,   ...........  ...........  ...........
                                 you must: (a) . . . seek information or
                                 guidance from MMS regarding new,
                                 complex, or unique issues. . . .
                                (b)(1) . . . Provide complete disclosure   ...........  ...........  ...........
                                 of financial results of activities;
                                (2) Maintain correct and accurate records  ...........  ...........  ...........
                                 of all mineral-related transactions and
                                 accounts;
                                (3) Maintain effective controls and        ...........  ...........  ...........
                                 accountability;
                                (4) Maintain a system of accounts . . .    ...........  ...........  ...........
                                (5) Maintain adequate royalty and          ...........  ...........  ...........
                                 production information . . .
                                (c) Assist MMS in meeting the              ...........  ...........  ...........
                                 requirements of the Government
                                 Performance and Results Act (GPRA) . . .
                                (d) Maintain all records you obtain or     ...........  ...........  ...........
                                 create under your delegated function,
                                 such as royalty reports, production
                                 reports, and other related information.
                                 . . . You must maintain such records for
                                 at least 7 years. . . .
227.200(e); 801(a); 804.......  (e) Provide reports to MMS about your                3           44          132
                                 activities under your delegated
                                 functions . . . At a minimum, you must
                                 provide periodic statistical reports to
                                 MMS summarizing the activities you
                                 carried out . . .b
227.200(f); 401(e); 601(d)....  (f) Assist MMS in maintaining adequate               1          250          250
                                 reference, royalty, and production
                                 databases. . . .
227.200(g); 301(e)............  (g) Develop annual work plans . . .......           60           11          660
227.200(h)....................  (h) Help MMS respond to requests for                 8           10           80
                                 information from other Federal agencies,
                                 Congress, and the public . . .
227.400(a)(4) and (a)(6);       What functions may a State perform in                1          250          250
 401(d); 501(c).                 processing production reports or royalty
                                 reports?
                                Production reporters or royalty reporters  ...........  ...........  ...........
                                 provide production, sales, and royalty
                                 information on mineral production from
                                 leases that must be collected, analyzed,
                                 and corrected.
                                (a) If you request delegation of either    ...........  ...........  ...........
                                 production report or royalty report
                                 processing functions, you must perform .
                                 . .
                                (4) Timely transmitting production report  ...........  ...........  ...........
                                 or royalty report data to MMS and other
                                 affected Federal agencies . . .

[[Page 27170]]

 
                                (6) Providing production data or royalty   ...........  ...........  ...........
                                 data to MMS and other affected Federal
                                 agencies. . . .
227.400(c)....................  (c) You must provide MMS with a copy of              1           12           12
                                 any exceptions from reporting and
                                 payment requirements for marginal
                                 properties and any alternative royalty
                                 and payment requirements for unit
                                 agreements and communitization
                                 agreements you approve.
227.601(c)....................  What are a State's responsibilities if it            8           11           88
                                 performs automated verification?
                                To perform automated verification of       ...........  ...........  ...........
                                 production reports or royalty reports,
                                 you must . . .
                                (c) Maintain all documentation and         ...........  ...........  ...........
                                 logging procedures . . .
                                                                          --------------------------------------
    Subtotal Burden for 30 CFR  .........................................  ...........          695        4,373
     Part 227.
----------------------------------------------------------------------------------------------------------------
                         Part 228--Cooperative Activities With States and Indian Tribes
----------------------------------------------------------------------------------------------------------------
                                         Subpart C--Oil And Gas, Onshore
----------------------------------------------------------------------------------------------------------------
228.100(a) and (b); 101(c);     Entering into an agreement...............          200            1          200
 107(b).
                                (a) . . . Indian tribe may request the     ...........  ...........  ...........
                                 Department to enter into a cooperative
                                 agreement by sending a letter from . . .
                                 tribal chairman . . . to the Director of
                                 MMS.
                                (b) The request for an agreement shall be  ...........  ...........  ...........
                                 in a format prescribed by MMS and should
                                 include at a minimum the following
                                 information:
                                (1) Type of eligible activities to be      ...........  ...........  ...........
                                 undertaken.
                                (2) Proposed term of the agreement.        ...........  ...........  ...........
                                (3) Evidence that . . . Indian tribe       ...........  ...........  ...........
                                 meets, or can meet by the time the
                                 agreement is in effect . . .
                                (4) If the State is proposing to           ...........  ...........  ...........
                                 undertake activities on Indian lands
                                 located within the State, a resolution
                                 from the appropriate tribal council
                                 indicating their agreement to delegate
                                 to the State responsibilities under the
                                 terms of the cooperative agreement for
                                 activities to be conducted on tribal or
                                 allotted land.
228.101(a)....................  Terms of agreement.......................           15            7          105
                                (a) Agreements entered into under this     ...........  ...........  ...........
                                 part shall be valid for a period of 3
                                 years and shall be renewable . . . upon
                                 request of . . . Indian tribe. . . .
228.101(d)....................  (d) . . . Indian tribe will be given 60             80            1           80
                                 days to respond to the notice of
                                 deficiencies and to provide a plan for
                                 correction of those deficiencies. . . .
228.103(a) and (b)............  Maintenance of records...................          120            7          840
                                (a) . . . Indian tribe entering into a     ...........  ...........  ...........
                                 cooperative agreement under this part
                                 must retain all records, reports,
                                 working papers, and any backup materials
                                 . . .
                                (b) . . . Indian tribe shall maintain all
                                 books and records . . ..
228.105(a)(1) and (a)(2)......  Funding of cooperative agreements........           60            7          420
                                (a)(1) The Department may, under the       ...........  ...........  ...........
                                 terms of the cooperative agreement,
                                 reimburse . . . Indian tribe up to 100
                                 percent of the costs of eligible
                                 activities. Eligible activities will be
                                 agreed upon annually upon the submission
                                 and approval of a work plan and funding
                                 requirement.
                                (2) A cooperative agreement may be         ...........  ...........  ...........
                                 entered into with . . . Indian tribe,
                                 upon request, without a requirement for
                                 reimbursement of costs by the Department.
228.105(c)....................  (c) . . . Indian tribe shall submit a                4           36          144
                                 voucher for reimbursement of eligible
                                 costs incurred within 30 days of the end
                                 of each calendar quarter. . . . Indian
                                 tribe must provide the Department a
                                 summary of costs incurred, for which . .
                                 . Indian tribe is seeking reimbursement,
                                 with the voucher.c
----------------------------------------------------------------------------------------------------------------
    Subtotal Burden for 30 CFR  .........................................  ...........           59        1,789
     Part 228.
----------------------------------------------------------------------------------------------------------------

[[Page 27171]]

 
                                         Part 229--Delegation to States
----------------------------------------------------------------------------------------------------------------
                                         Subpart C--Oil and Gas, Onshore
----------------------------------------------------------------------------------------------------------------
                                          Administration of Delegations
----------------------------------------------------------------------------------------------------------------
229.100(a)(1) and (a)(2)......  Authorities and responsibilities subject             1            1            1
                                 to delegation.
                                (a) All or part of the following           ...........  ...........  ...........
                                 authorities and responsibilities of the
                                 Secretary under the Act may be delegated
                                 to a State authority:
                                (1) Conduct of audits related to oil and   ...........  ...........  ...........
                                 gas royalty payments made to the MMS
                                 which are attributable to leased . . .
                                 Indian lands within the State.
                                 Delegations with respect to any Indian
                                 lands require the written permission,
                                 subject to the review of the MMS, of the
                                 affected Indian tribe or allottee.
                                (2) Conduct of investigations related to   ...........  ...........  ...........
                                 oil and gas royalty payments made to the
                                 MMS which are attributable to . . .
                                 Indian lands within the State.
                                 Delegation with respect to any Indian
                                 lands require the written permission,
                                 subject to the review of the MMS, of the
                                 affected Indian tribe or allottee. No
                                 investigation will be initiated without
                                 the specific approval of the MMS. . . .
229.101(a) and (d)............  Petition for delegation..................            1            1            1
                                (a) The governor or other authorized       ...........  ...........  ...........
                                 official of any State which contains . .
                                 . Indian oil and gas leases where the
                                 Indian tribe and allottees have given
                                 the State an affirmative indication of
                                 their desire for the State to undertake
                                 certain royalty management-related
                                 activities on their lands, may petition
                                 the Secretary to assume responsibilities
                                 to conduct audits and related
                                 investigations of royalty related
                                 matters affecting . . . Indian oil and
                                 gas leases within the State . . .
                                (d) In the event that the Secretary
                                 denies the petition, the Secretary must
                                 provide the State with the specific
                                 reasons for denial of the petition. The
                                 State will then have 60 days to either
                                 contest or correct specific deficiencies
                                 and to reapply for a delegation of
                                 authority.
229.102(c)....................  Fact-finding and hearings................            1            1            1
                                (c) A State petitioning for a delegation   ...........  ...........  ...........
                                 of authority shall be given the
                                 opportunity to present testimony at a
                                 public hearing.
229.103(c)....................  Duration of delegations; termination of              1            1            1
                                 delegations.
                                (c) A State may terminate a delegation of  ...........  ...........  ...........
                                 authority by giving a 120-day written
                                 notice of intent to terminate.
229.105.......................  Evidence of Indian agreement to                      1            1            1
                                 delegation.
                                In the case of a State seeking a           ...........  ...........  ...........
                                 delegation of authority for Indian lands
                                 . . . the State petition to the
                                 Secretary must be supported by an
                                 appropriate resolution or resolutions of
                                 tribal councils joining the State in
                                 petitioning for delegation and evidence
                                 of the agreement of individual Indian
                                 allottees whose lands would be involved
                                 in a delegation. Such evidence shall
                                 specifically speak to having the State
                                 assume delegated responsibility for
                                 specific functions related to royalty
                                 management activities.
229.106.......................  Withdrawal of Indian lands from delegated            1            1            1
                                 authority.
                                If at any time an Indian tribe or an       ...........  ...........  ...........
                                 individual Indian allottee determines
                                 that it wishes to withdraw from the
                                 State delegation of authority in
                                 relation to its lands, it may do so by
                                 sending a petition of withdrawal to the
                                 State. . . .
229.109(a)....................  Reimbursement for costs incurred by a                1            1            1
                                 State under the delegation of authority.
                                (a) The Department of the Interior (DOI)
                                 shall reimburse the State for 100
                                 percent of the direct cost associated
                                 with the activities undertaken under the
                                 delegation of authority. The State shall
                                 maintain books and records in accordance
                                 with the standards established by the
                                 DOI and will provide the DOI, on a
                                 quarterly basis, a summary of costs
                                 incurred . . ..
229.109(b)....................  (b) The State shall submit a voucher for             1            1            1
                                 reimbursement of costs incurred within
                                 30 days of the end of each calendar
                                 quarter.
----------------------------------------------------------------------------------------------------------------

[[Page 27172]]

 
                                             Delegation Requirements
----------------------------------------------------------------------------------------------------------------
229.120.......................  Obtaining regulatory and policy guidance.            1            1            1
                                All activities performed by a State under  ...........  ...........  ...........
                                 a delegation must be in full accord with
                                 all Federal laws, rules and regulations,
                                 and Secretarial and agency
                                 determinations and orders relating to
                                 the calculation, reporting, and payment
                                 of oil and gas royalties. In those cases
                                 when guidance or interpretations are
                                 necessary, the State will direct written
                                 requests for such guidance or
                                 interpretation to the appropriate MMS
                                 officials. . . .
229.121(a), (b), (c), and (d).  Recordkeeping requirements...............            1            1            1
                                (a) The State shall maintain in a safe     ...........  ...........  ...........
                                 and secure manner all records,
                                 workpapers, reports, and correspondence
                                 gained or developed as a consequence of
                                 audit or investigative activities
                                 conducted under the delegation . . .
                                (b) The State must maintain in a           ...........  ...........  ...........
                                 confidential manner all data obtained
                                 from DOI sources or from payor or
                                 company sources under the delegation . .
                                 .
                                (c) All records subject to the             ...........  ...........  ...........
                                 requirements of paragraph (a) must be
                                 maintained for a 6-year period measured
                                 from the end of the calendar year in
                                 which the records were created . . .
                                 Upon termination of a delegation, the
                                 State shall, within 90 days from the
                                 date of termination, assemble all
                                 records specified in subsection (a),
                                 complete all working paper files in
                                 accordance with Sec.   229.124, and
                                 transfer such records to the MMS.
                                (d) The State shall maintain complete      ...........  ...........  ...........
                                 cost records for the delegation in
                                 accordance with generally accepted
                                 accounting principles. . . .
229.122(a), (b), and (c)......  Coordination of audit activities.........            1            1            1
                                (a) Each State with a delegation of        ...........  ...........  ...........
                                 authority shall submit annually to the
                                 MMS an audit workplan specifically
                                 identifying leases, resources,
                                 companies, and payors scheduled for
                                 audit . . . A State may request changes
                                 to its workplan . . . at the end of each
                                 quarter of each fiscal year. All
                                 requested changes are subject to
                                 approval by the MMS and must be
                                 submitted in writing.
                                (b) When a State plans to audit leases of  ...........  ...........  ...........
                                 a lessee or royalty payor for which
                                 there is an MMS or OIG resident audit
                                 team, all audit activities must be
                                 coordinated through the MMS or OIG
                                 resident supervisor. . . .
                                (c) The State shall consult with the MMS
                                 and/or OIG regarding resolution of any
                                 coordination problems encountered during
                                 the conduct of delegation activities.
229.123(b)(3)(i)..............  Standards for audit activities...........            1            1            1
                                (b)(3) Standards of reporting. (i)         ...........  ...........  ...........
                                 Written audit reports are to be
                                 submitted to the appropriate MMS
                                 officials at the end of each field
                                 examination.
229.124.......................  Documentation standards..................            1            1            1
                                Every audit performed by a State under a   ...........  ...........  ...........
                                 delegation of authority must meet
                                 certain documentation standards. In
                                 particular, detailed workpapers must be
                                 developed and maintained.
229.125(a) and (b)............  Preparation and issuance of enforcement              1            1            1
                                 documents.
                                (a) Determinations of additional           ...........  ...........  ...........
                                 royalties due resulting from audit
                                 activities conducted under a delegation
                                 of authority must be formally
                                 communicated by the State, to the
                                 companies or other payors by an issue
                                 letter prior to any enforcement action.
                                 . . .
                                (b) After evaluating the company or
                                 payor's response to the issue letter,
                                 the State shall draft a demand letter
                                 which will be submitted with supporting
                                 workpaper files to the MMS for
                                 appropriate enforcement action. Any
                                 substantive revisions to the demand
                                 letter will be discussed with the State
                                 prior to issuance of the letter. . . ..
229.126(a) and (b)............  Appeals..................................            1            1            1
                                (a) . . . The State regulatory authority   ...........  ...........  ...........
                                 shall, upon the request of the MMS,
                                 provide competent and knowledgeable
                                 staff for testimony, as well as any
                                 required documentation and analyses, in
                                 support of the lessor's position during
                                 the appeal process.

[[Page 27173]]

 
                                (b) An affected State, upon the request    ...........  ...........  ...........
                                 of the MMS, shall provide expert
                                 witnesses from their audit staff for
                                 testimony as well as required
                                 documentation and analyses to support
                                 the Department's position during the
                                 litigation of court cases arising from
                                 denied appeals. . . .
229.127.......................  Reports from States......................            1            1            1
                                The State, acting under the authority of
                                 the Secretarial delegation, shall submit
                                 quarterly reports which will summarize
                                 activities carried out by the State
                                 during the preceding quarter of the year
                                 under the provisions of the delegation.
                                 . . ..
                                                                          --------------------------------------
    Subtotal Burden for 30 CFR  .........................................  ...........           16           16
     Part 229.
                                                                          --------------------------------------
        TOTAL BURDEN..........  .........................................  ...........          770       6,178
----------------------------------------------------------------------------------------------------------------
a Note: 5 states x 12 monthly vouchers = 60 and 6 states x 4 quarterly vouchers = 24.
b Note: 4 quarterly reports x 11 states = 44.
c Note: 1 tribe x 12 monthly vouchers = 12 and 6 tribes x 4 quarterly vouchers = 24.

    Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost 
Burden: We have identified no ``non-hour 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: Section 3506(c)(2)(A) of the PRA requires each agency to 
`` * * * provide 60-day notice in the Federal Register * * * 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.
    To comply with the public consultation process, we published a 
notice in the Federal Register on October 27, 2008 (73 FR 63723), 
announcing that we would submit this ICR to OMB for approval. The 
notice provided the required 60-day comment period. We received no 
comments in response to the notice.
    If you wish to comment in response to this notice, you may send 
your comments to the offices listed under the ADDRESSES section of this 
notice. The OMB has up to 60 days to approve or disapprove the 
information collection but may respond after 30 days. Therefore, to 
ensure maximum consideration, OMB should receive public comments by 
July 8, 2009.
    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/InfoColl/InfoColCom.htm. We also will post all comments including names 
and addresses of respondents, at http://www.regulations.gov. Before 
including your address, phone number, e-mail address, or other personal 
identifying information in your comment, be advised that your entire 
comment--including your personal identifying information--may be made 
publicly available at any time. While you can ask us in your comment to 
withhold from public review your personal identifying information, we 
cannot guarantee that we will be able to do so.
    MMS Information Collection Clearance Officer: Arlene Bajusz (202) 
208-7744.

    Dated: April 23, 2009.
Gregory J. Gould,
Associate Director for Minerals Revenue Management.
[FR Doc. E9-13247 Filed 6-5-09; 8:45 am]
BILLING CODE 4310-MR-P


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