publ 60-Day 73 FR 63723 10-27-09

Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
Public Availability of Documents
In addition to the methods in
you can view or obtain
documents at the following location:
• Our Web site: http://www.fws.gov/
southwest/refuges/Plan/docs/
LINKS.pdf.

ADDRESSES,

Dated: October 20, 2008.
Brian Millsap,
Acting Regional Director, U.S. Fish and
Wildlife Service, Albuquerque, New Mexico.
[FR Doc. E8–25496 Filed 10–24–08; 8:45 am]
BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Michael Bilancione,
Land Transfer Resolution Specialist, Land
Transfer Adjudication I.
[FR Doc. E8–25493 Filed 10–24–08; 8:45 am]

[F–14907–A2, F–14907–B2, F–14930–B2;
AK–964–1410–KC–P]

Alaska Native Claims Selection
AGENCY:

CFR Part 4, Subpart E, shall be deemed
to have waived their rights.
ADDRESSES: A copy of the decision may
be obtained from: Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
Alaska 99513–7504.
FOR FURTHER INFORMATION CONTACT: The
Bureau of Land Management by phone
at 907–271–5960, or by e-mail at
ak.blm.conveyance@ak.blm.gov. Persons
who use a telecommunication device
(TTD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8330, 24 hours a day, seven days a
week, to contact the Bureau of Land
Management.

BILLING CODE 4310–JA–P

Bureau of Land Management,

Interior.
Notice of decision approving
lands for conveyance.

DEPARTMENT OF THE INTERIOR

SUMMARY: As required by 43 CFR
2650.7(d), notice is hereby given that an
appealable decision approving lands for
conveyance pursuant to the Alaska
Native Claims Settlement Act will be
issued to NANA Regional Corporation,
Inc. The lands are in the vicinity of
Noatak and Selawik, Alaska, and are
located in:

[F–14943–B; AK–964–1410–KC-P]

ACTION:

Bureau of Land Management

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Kateel River Meridian, Alaska
T. 16 N., R. 7 W.,
Secs. 18, 19, 30, and 31.
Containing approximately 2,347 acres.
T. 25 N., R. 20 W.,
Secs. 11 to 14, inclusive;
Secs. 23, 24, and 26.
Containing approximately 4,340 acres.
T. 27 N., R. 20 W.,
Secs. 11 to 14, inclusive.
Containing approximately 2,560 acres.
Aggregating approximately 9,247 acres.

The subsurface estate in these lands
will also be conveyed to NANA
Regional Corporation, Inc. when the
surface estate is conveyed. Notice of the
decision will also be published four
times in the Arctic Sounder.
DATES: The time limits for filing an
appeal are:
1. Any party claiming a property
interest which is adversely affected by
the decision shall have until November
26, 2008 to file an appeal.
2. Parties receiving service of the
decision by certified mail shall have 30
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43

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17:13 Oct 24, 2008

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Alaska Native Claims Selection
AGENCY:

the decision shall have until November
26, 2008 to file an appeal.
2. Parties receiving service of the
decision by certified mail shall have 30
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43
CFR Part 4, Subpart E, shall be deemed
to have waived their rights.
ADDRESSES: A copy of the decision may
be obtained from: Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
Alaska 99513–7504.
FOR FURTHER INFORMATION CONTACT: The
Bureau of Land Management by phone
at 907–271–5960, or by e-mail at
ak.blm.conveyance@ak.blm.gov.
Persons who use a telecommunication
device (TTD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8330, 24 hours a day, seven
days a week, to contact the Bureau of
Land Management.
Jason Robinson,
Land Law Examiner, Land Transfer
Adjudication I.
[FR Doc. E8–25494 Filed 10–24–08; 8:45 am]
BILLING CODE 4310–JA–P

Bureau of Land Management,

Interior.
Notice of decision approving
lands for conveyance.

ACTION:

As required by 43 CFR
2650.7(d), notice is hereby given that an
appealable decision approving the
surface and subsurface estates in certain
lands for conveyance pursuant to the
Alaska Native Claims Settlement Act
will be issued to Tanacross,
Incorporated. The lands are in the
vicinity of Tanacross, Alaska, and are
located in:
SUMMARY:

Copper River Meridian, Alaska
T. 20 N., R. 11 E.,
Tract A, that portion more particularly
described as (protracted)
Sec. 24.
Containing approximately 640 acres.
T. 20 N., R. 12 E.,
Tract A, those portions more particularly
described as (protracted)
Secs. 3, 4, and 5;
Secs. 7 to 10, inclusive;
Secs. 17, 18, and 19;
Sec. 30.
Containing approximately 6,880 acres.
Aggregating approximately 7,520 acres.

Notice of the decision will also be
published four times in the Fairbanks
Daily News-Miner.
DATES: The time limits for filing an
appeal are:
1. Any party claiming a property
interest which is adversely affected by

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DEPARTMENT OF THE INTERIOR
Minerals Management Service
[Docket No. MMS–2008–MRM–0033]

Agency Information Collection
Activities: Proposed Collection,
Comment Request
Minerals Management Service
(MMS), Interior.
ACTION: Notice of an extension of a
currently approved information
collection (OMB Control Number 1010–
0087).
AGENCY:

SUMMARY: To comply with the
Paperwork Reduction Act of 1995
(PRA), we are inviting comments on a
collection of information that we will
submit to the Office of Management and
Budget (OMB) for review and approval.
We changed the title to meet OMB
requirements. The previous title of this
information collection request (ICR) was
‘‘30 CFR part 227—Delegation to States;
30 CFR part 228—Cooperative Activities
with States and Indian Tribes; and 30
CFR part 229—Delegation to States.’’
The new title is ‘‘30 CFR parts 227, 228,
and 229, Delegated and Cooperative
Activities with States and Indian
Tribes.’’

Submit written comments on or
before December 26, 2008.

DATES:

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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices

You may submit comments
by the following methods:
• Electronically go to http://
www.regulations.gov. In the ‘‘Comment
or Submission’’ column, enter ‘‘MMS–
2008–MRM–0033’’ to view supporting
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.
• Mail comments to Armand
Southall, Regulatory Specialist,
Minerals Management Service, Minerals
Revenue Management, P.O. Box 25165,
MS 302B2, Denver, Colorado 80225.
Please reference ICR 1010–0087 in your
comments.
• 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
armand.southall@mms.gov. You may
also contact Mr. Southall to obtain
copies, at no cost, of (1) the ICR, (2) any
associated forms, and (3) the regulations
that require the subject collection of
information.
ADDRESSES:

mstockstill on PROD1PC66 with NOTICES

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 (30 U.S.C.
1923), the Indian Mineral Development
Act of 1982 (25 U.S.C. 2103), and the
Outer Continental Shelf Lands Act (OCS
Lands Act, 43 U.S.C. 1353), 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

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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
collected includes data necessary to
ensure that the royalties are accurately
valued and appropriately paid.
Sections 202 and 205 of the Federal
Oil and Gas Royalty Management Act of
1982 (FOGRMA), as amended, authorize
the Secretary to develop delegated and
cooperative agreements with states and
Indian tribes to carry out certain
inspection, auditing, investigation, or
limited enforcement activities for 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.
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
geothermal and solid mineral leases,
and leases subject to Section 8(g) of the
OCS Lands Act, within their state
boundaries.
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.
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.
Effective September 11, 1997, parts
228 and 229 do not apply to Federal

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lands, due to implementation of RSFA
amendments. The final rulemaking of
Delegation of Royalty Management
Functions to States was published on
August 12, 1997 (62 FR 43076), effective
September 11, 1997, and stated that
parts 228 and 229 do not apply to
Federal lands because delegation for
Federal lands is now covered under part
227.
Delegation to States and Cooperative
Activities With Indian Tribes
States
Under Section 205 of FOGRMA, as
amended by RSFA Section 3, the
Secretary is authorized to delegate to
states, all or part of authorities and
responsibilities of the Secretary, to
conduct inspections, audits,
investigations, and limited enforcement
activities for leases in their jurisdiction.
Eleven states currently have MMSapproved delegation agreements to
perform audits and investigations. The
states perform nearly all audits on
Federal leases within their boundaries
and receive 50 percent of the revenues
from those leases, although Alaska
receives 90 percent of the revenues from
Federal leases in that state.
To be considered for delegation under
30 CFR part 227, states must submit a
written delegation proposal to, and
receive approval from, the MMS
Associate Director for Minerals Revenue
Management (MRM). Delegation
agreements benefit both MMS and states
by ensuring that Federal royalty
payments are in compliance with
applicable laws, lease terms, and
regulations.
The MRM is held accountable to
certain measurements and standards
and must file reports to outside entities.
States choosing to participate in any
delegable function are held to these
same measurements and standards and,
therefore, must provide data to
document the work they are performing.
This information, provided to MMS in
the course of performing delegated
agreements, is the focus of this
information collection. States must
comply with Generally Accepted
Accounting Principles (GAAP) and
MMS standards, as required under 30
CFR 227.200, and also with the MMS
Audit Procedures Manual, as required
under 30 CFR 227.301.
Indian Tribes
Under FOGRMA Section 202,
Cooperative Agreements, as amended by
RSFA Section 9, the Secretary is
authorized to enter into cooperative
agreements with any state or Indian
tribe upon their written request; to share

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Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
oil or gas revenue management
information; and to use the capabilities
of states and Indian tribes to carry out
inspection, auditing, investigation, or
limited enforcement activities for tribal
leases.
A state must receive written
permission from the respective Indian
tribes(s) or individual Indian mineral
owner(s) to carry out the above
functions.
Under 30 CFR part 228, no state has
proposed to enter into a cooperative
agreement to undertake activities on
Indian lands within its boundaries.
To be considered for a cooperative
agreement, Indian tribes must comply
with the regulations at 30 CFR part 228.
Indian tribes who want to perform
royalty audits, in cooperation with
MMS, must submit a written proposal to
enter into a cooperative agreement,
signed by the tribal chairman or other
appropriate official, to the MMS
Director. The request should outline the
activities to be undertaken and present
evidence that the Indian tribe(s) can
meet the standards established by the
Secretary for the activities to be
conducted. Prior to beginning work,
approval must be obtained from the
MMS Director. Currently, seven Indian
tribes have cooperative agreements to
perform audits and investigations.
When an Indian tribe performs any of
the cooperative activities under 30 CFR

part 228, the Indian tribe also assumes
the burden of providing various types of
information to MMS. After the request
is accepted and a cooperative agreement
is in effect, Indian tribes must submit an
annual work plan and budget, as well as
quarterly reimbursement vouchers.
They must follow GAAP and MMS
standards. The cooperative agreements
also require them to comply with the
MMS Audit Procedures Manual, and
Generally Accepted Government
Auditing Standards (GAGAS).
Cooperative activities benefit both
MMS and Indian tribes by ensuring that
royalty payments from Indian leases are
in compliance with applicable laws,
lease terms, and regulations. Indian
tribes currently manage audits for 91
percent of all tribal mineral royalties.
Under the Secretary’s delegation of
authority at 30 CFR part 229, a state may
conduct audits and related
investigations of oil and gas payments
made to MMS regarding leased Indian
lands within the state’s boundaries.
After the state receives approval of the
Secretary’s delegation of authority, it
must submit annual audit work plans
detailing its audits and related
investigations, annual budgets, and
quarterly reimbursement vouchers. The
state must maintain books and records
and provide a quarterly summary of
costs following Department standards,
as required under 30 CFR 229.109. In

addition, under 30 CFR part 229, no
state has proposed to undertake
delegated functions on Indian lands
within its boundaries.
Summary
This collection of information is
necessary in order for states and Indian
tribes to conduct audits and related
investigations of 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 voluntary
and required to obtain the benefit of
entering into a cooperative agreement
with the Secretary.
Frequency of Response: 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:

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
30 CFR section

Reporting and recordkeeping requirements

Hour burden
per response

Number of
annual
responses

Annual
burden
hours

Part 227—Delegation to States
Delegation Proposals
227.103; 107; 109; 110(a–
b)(1); 110(c–d); 111(a–b);
805.

What must a State’s delegation proposal contain? ...............
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.

200

1

200

15

11

165

4

84

336

Delegation Process
227.110(b)(2) ..........................

(b)(2) If you want to change the terms of your delegation
agreement for the renewal period, you must submit a new
delegation proposal under this part.
Existing Delegations

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Compensation
227.112(d–e) ...........................

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What compensation will a State receive to perform delegated functions?.
You will receive compensation for your costs to perform
each delegated function subject to the following conditions.

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

30 CFR section

Reporting and recordkeeping requirements

Hour burden
per response

Number of
annual
responses

Annual
burden
hours

(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.a
States’ Responsibilities To Perform Delegated Functions
227.200(a), (b), (c), and (d);
112(e).

227.200(e); 801(a); 804 ..........

227.200(f); 401(e); 601(d) ......
227.200(g); 301(e) ..................
227.200(h) ...............................
227.400(a)(4) and (a)(6);
401(d); 501(c).

227.400(c) ...............................

227.601(c) ...............................

What are a State’s general 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.
(e) Provide reports to MMS about your activities under your
delegated functions * * * At a minimum, you must provide periodic statistical reports to MMS summarizing the
activities you carried out.b
(f) Assist MMS in maintaining adequate reference, royalty,
and production databases.
(g) Develop annual work plans ..............................................
(h) Help MMS respond to requests for information from
other Federal agencies, Congress, and the public.
What functions may a State perform in 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.
(6) Providing production data or royalty data to MMS and
other affected Federal agencies.
(c) You must provide MMS with a copy of 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.
What are a State’s responsibilities if it performs automated
verification?.
To perform automated verification of production reports or
royalty reports, you must.
(c) Maintain all documentation and logging procedures.

200

11

2,200

3

44

132

1

250

250

60
8

11
10

660
80

1

250

250

1

12

12

8

11

88

........................

695

4,373

1

200

Performance Review
Subtotal Burden for 30
CFR Part 227.

.................................................................................................

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Part 228—Cooperative Activities With States and Indian Tribes
Subpart C—Oil and Gas, Onshore
228.100(a) and (b); 101(c);
107(b).

Entering into an agreement ....................................................

200

(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.

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR section

228.101(a) ...............................

228.101(d) ...............................

228.103(a) and (b) ..................

228.105(a)(1) and (a)(2) .........

228.105(c) ...............................

Subtotal Burden for 30
CFR Part 228.

Reporting and recordkeeping requirements

Hour burden
per response

(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.
Terms of agreement ...............................................................
(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.
(d) * * * Indian tribe will be given 60 days to respond to the
notice of deficiencies and to provide a plan for correction
of those deficiencies.
Maintenance of records ..........................................................
(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.
Funding of cooperative agreements ......................................
(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.
(c) * * * Indian tribe shall submit a 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
.................................................................................................

Number of
annual
responses

Annual
burden
hours

15

7

105

80

1

80

120

7

840

60

7

420

4

36

144

........................

59

1789

1

1

1

1

1

1

Part 229—Delegation to States
Subpart C—Oil and Gas, Onshore
Administration of Delegations

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229.100(a)(1) and (a)(2) .........

229.101(a) and (d) ..................

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Authorities and responsibilities subject 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 investigation 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.
Petition for delegation ............................................................

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

30 CFR section

229.102(c) ...............................

229.103(c) ...............................

229.105 ...................................

229.106 ...................................

229.109(a) ...............................

229.109(b) ...............................

Reporting and recordkeeping requirements

Hour burden
per response

(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.
Fact-finding and hearings .......................................................
(c) A State petitioning for a delegation of authority shall be
given the opportunity to present testimony at a public
hearing.
Duration of delegations; termination of delegations ..............
(c) A State may terminate a delegation of authority by giving
a 120-day written notice of intent to terminate.
Evidence of Indian agreement to 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.
Withdrawal of Indian lands from delegated 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.
Reimbursement for costs incurred by a 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.
(b) The State shall submit a voucher for reimbursement of
costs incurred within 30 days of the end of each calendar
quarter.

Number of
annual
responses

Annual
burden
hours

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

Delegation Requirements
229.120 ...................................

mstockstill on PROD1PC66 with NOTICES

229.121(a), (b), (c), and (d) ....

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Obtaining regulatory and policy guidance ..............................
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.
Recordkeeping requirements .................................................
(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.

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63729

Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
30 CFR section

229.122(a), (b), and (c) ..........

229.123 (b)(3)(i) ......................

229.124 ...................................

229.125(a) and (b) ..................

229.126(a) and (b) ..................

mstockstill on PROD1PC66 with NOTICES

229.127 ...................................

Subtotal Burden for 30
CFR Part 229.

VerDate Aug<31>2005

18:08 Oct 24, 2008

Reporting and recordkeeping requirements

Hour burden
per response

(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 § 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.
Coordination of audit activities ...............................................
(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.
Standards for audit activities ..................................................
(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.
Documentation standards ......................................................
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.
Preparation and issuance of enforcement 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.
Appeals ...................................................................................
(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.
(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.
Reports from States ...............................................................
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.
.................................................................................................

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Number of
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hours

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1

1

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1

1

1

1

1

1

1

1

1

1

1

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1

........................

16

16

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63730

Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued
Reporting and recordkeeping requirements

Hour burden
per response

.................................................................................................

........................

30 CFR section
Total Burden .............

Number of
annual
responses

Annual
burden
hours

770

6,178

5 states × 12 monthly vouchers = 60 and 6 states × 4 quarterly vouchers = 24.
b Note: 4 quarterly reports × 11 states = 44.
c Note: 1 tribe × 12 monthly vouchers = 12 and 6 tribes × 4 quarterly vouchers = 24.

mstockstill on PROD1PC66 with NOTICES

a Note:

Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour Cost’’
Burden: We have identified no ‘‘nonhour cost’’ burden associated with the
collection of information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that an
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid OMB control
number.
Comments: Before submitting an ICR
to OMB, PRA Section 3506(c)(2)(A)
requires each agency to ‘‘* * * provide
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.
The PRA also requires agencies to
estimate the total annual reporting
‘‘non-hour cost’’ burden to respondents
or recordkeepers resulting from the
collection of information. If you have
costs to generate, maintain, and disclose
this information, you should comment
and provide your total capital and
startup cost components or annual
operation, maintenance, and purchase
of service components. You should
describe the methods you use to
estimate major cost factors, including
system and technology acquisition,
expected useful life of capital
equipment, discount rate(s), and the
period over which you incur costs.
Capital and startup costs include,
among other items, computers and
software you purchase to prepare for
collecting information; monitoring,
sampling, and testing equipment; and

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18:08 Oct 24, 2008

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record storage facilities. Generally, your
estimates should not include equipment
or services purchased: (i) Before October
1, 1995; (ii) to comply with
requirements not associated with the
information collection; (iii) for reasons
other than to provide information or
keep records for the Government; or (iv)
as part of customary and usual business
or private practices.
We will summarize written responses
to this notice and address them in our
ICR submission for OMB approval,
including appropriate adjustments to
the estimated burden. We will provide
a copy of the ICR to you without charge
upon request. The ICR also will be
posted at http://www.mrm.mms.gov/
Laws_R_D/FRNotices/FRInfColl.htm.
Public Comment Policy: We will post
all comments in response to this notice
on our Web site at http://
www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm. We will also
make copies of the comments available
for public review, including names and
addresses of respondents, during regular
business hours at our offices in
Lakewood, Colorado. Before including
your address, phone number, e-mail
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 view, we
cannot guarantee that we will be able to
do so.
MMS Information Collection
Clearance Officer: Arlene Bajusz (202)
208–7744.
Dated: October 9, 2008.
Gregory J. Gould,
Associate Director for Minerals Revenue
Management.
[FR Doc. E8–25582 Filed 10–24–08; 8:45 am]
BILLING CODE 4310–MR–P

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DEPARTMENT OF THE INTERIOR
National Park Service
National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
Nominations for the following
properties being considered for listing
or related actions in the National
Register were received by the National
Park Service before October 11, 2008.
Pursuant to section 60.13 of 36 CFR
Part 60 written comments concerning
the significance of these properties
under the National Register criteria for
evaluation may be forwarded by United
States Postal Service, to the National
Register of Historic Places, National
Park Service, 1849 C St., NW., 2280,
Washington, DC 20240; by all other
carriers, National Register of Historic
Places, National Park Service, 1201 Eye
St., NW., 8th floor, Washington, DC
20005; or by fax, 202–371–6447. Written
or faxed comments should be submitted
by November 12, 2008.
J. Paul Loether,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
DISTRICT OF COLUMBIA
District of Columbia
Engine House No. 10, (Firehouses in
Washington DC MPS) 1341 Maryland Ave.,
NE., Washington, DC, 08001063
Nathaniel Parker Gage School, (Public School
Buildings of Washington, DC MPS) 2035
2nd St., NW., Washington, DC, 08001064
HAWAII
Maui County
Ka’ahumanu Avenue—Naniloa Drive
Overpass, Naniloa Dr. at Ka’ahumanu Ave.,
Wailuku, 08001065
KANSAS
Ellis County
St. Joseph’s Church and Parochial School,
210 W. 13th and 217 W. 13th, Hays,
08001066
Reno County
Ranson Hotel, 4918 E. Main, Medora,
08001067
Riley County
First Congregational Church, 700 Poyntz
Ave., Manhattan, 08001068

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