0107 60-day FRN 72FR44853

0107 60-day FRN 72FR44853.pdf

30 CFR Part 218, Collection of Monies Due the Federal Government

0107 60-day FRN 72FR44853

OMB: 1012-0008

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Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Notices
been paid and the lessee has reimbursed
the Bureau of Land Management for the
cost of publishing this notice.
Having met all the requirements for
reinstatement of the lease as set out in
section 31(d) and (e) of the Mineral
Leasing Act of 1920 (30 U.S.C. 188), the
Bureau of Land Management is
proposing to reinstate the leases,
effective May 1, 2007, subject to the
original terms and conditions of the
lease and the increased rental and
royalty rates cited above.
Kent Hoffman,
Deputy State Director, Division of Lands and
Minerals.
[FR Doc. E7–15584 Filed 8–8–07; 8:45 am]
BILLING CODE 4310–$$–P

DEPARTMENT OF THE INTERIOR

A copy of the plats may be obtained
from the Land Office at the Oregon/
Washington State Office, Bureau of
Land Management, 333 SW. 1st Avenue,
Portland, Oregon 97204, upon required
payment. A person or party who wishes
to protest against a survey must file a
notice that they wish to protest (at the
above address) with the Oregon/
Washington State Director, Bureau of
Land Management, Portland, Oregon.
FOR FURTHER INFORMATION CONTACT:
Chief, Branch of Geographic Sciences,
Bureau of Land Management, (333 SW.
1st Avenue) P.O. Box 2965, Portland,
Oregon 97208.
Dated: July 25, 2007.
Fred O’Ferrall,
Branch of Lands and Minerals Resources.
[FR Doc. E7–15559 Filed 8–8–07; 8:45 am]

Bureau of Land Management
[OR–957–00–6334–bj: GP07–0152]

Filing of Plats of Survey: Oregon/
Washington

BILLING CODE 4310–33–P

U.S. Department of the Interior,
Bureau of Land Management.
ACTION: Notice.

DEPARTMENT OF THE INTERIOR

SUMMARY: The plats of survey of the
following described lands were
officially filed in the Bureau of Land
Management Oregon/Washington State
Office, Portland, Oregon, on May 25,
2007.

Agency Information Collection
Activities: Proposed Collection,
Comment Request

AGENCY:

Willamette Meridian
Washington
T. 28 N., R. 38 E., accepted March 29, 2007.
T. 28 N., R. 38 E., accepted March 30, 2007.
T. 27 N., R. 39 E., accepted March 30, 2007.
T. 27 N., R. 38 E., accepted March 30, 2007.
T. 28 N., R. 39 E., accepted March 30, 2007.
Oregon
T. 15 S., R. 7 W., accepted March 30, 2007.

The plats of survey of the following
described lands are scheduled to be
officially filed in the Bureau of Land
Management Oregon/Washington State
Office, Portland, Oregon, 30 days from
the date of this publication.
Willamette Meridian

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T. 17 S., R. 2 W., accepted June 6, 2007.
T. 13 S., R. 6 W., accepted June 14, 2007.
T. 27 S., R. 10 W., accepted June 21, 2007.
T. 29 S., R. 8 W., accepted June 27, 2007.
T. 16 S., R. 2 W., accepted June 27, 2007.

Washington
T. 21 N., R. 4 W., accepted May 10, 2007.
T. 3 N., R. 19 E., accepted May 10, 2007.
T. 33 N., R. 15 W., accepted June 1, 2007.
T. 33 N., R. 14 W., accepted June 1, 2007.
T. 17 N., R. 10 E., accepted June 1, 2007.
T. 21 N., R. 11 W., accepted June 6, 2007.
T. 22 N., R. 11 W., accepted June 14, 2007.
T. 15 N., R. 11 E., accepted June 21, 2007.
Oregon
T. 6 S., R. 30 E., accepted June 6, 2007.
T. 1 S., R. 7 W., accepted June 6, 2007.

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Jkt 211001

Minerals Management Service

Minerals Management Service
(MMS), Interior.
ACTION: Notice of a revision of a
currently approved information
collection (OMB Control Number 1010–
0107).
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.
The new title of this information
collection request (ICR) is ‘‘30 CFR Part
218, Collection of Monies Due the
Federal Government.’’ The form
associated with this collection is Form
MMS–4425, Designation Form for
Royalty Payment Responsibility. The
previous title of this ICR was ‘‘30 CFR
Part 218, Subpart A—General
Provisions, 218.42 Cross-lease netting in
calculation of late-payment interest;
Subpart B—Oil and Gas, General, 218.52
How does a lessee designate a Designee?
(Form MMS–4425, Designation Form for
Royalty Payment Responsibility) and
218.53 Recoupment of overpayments on
Indian mineral leases; and Subpart E—
Solid Minerals—General, 218.203
Recoupment of overpayments on Indian
mineral leases.’’

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44853

We revised this ICR in order to enable
program-wide review of all information
collections for solid minerals and
geothermal resources. We removed
218.203, which relates to solid minerals,
from this ICR and included 218.203 in
the solid minerals ICR 1010–0120
(expires October 31, 2007).
DATES: Submit written comments on or
before October 9, 2007.
ADDRESSES: Submit written comments
to Sharron L. Gebhardt, Lead Regulatory
Specialist, Minerals Management
Service, Minerals Revenue Management,
P.O. Box 25165, MS 302B2, Denver,
Colorado 80225. If you use an overnight
courier service or wish to hand-carry
your comments, our courier address is
Building 85, Room A–614, Denver
Federal Center, West 6th Ave. and
Kipling Blvd., Denver, Colorado 80225.
You may also e-mail your comments to
us at mrm.comments@mms.gov. Include
the title of the information collection
and the OMB control number in the
‘‘Attention’’ line of your comment. Also
include your name and return address.
If you do not receive a confirmation that
we have received your e-mail, contact
Ms. Gebhardt at (303) 231–3211.
FOR FURTHER INFORMATION CONTACT:
Sharron L. Gebhardt, telephone (303)
231–3211, FAX (303) 231–3781, or email sharron.gebhardt@mms.gov.
SUPPLEMENTARY INFORMATION:
Title: 30 CFR Part 218, Collection of
Monies Due the Federal Government.
OMB Control Number: 1010–0107.
Bureau Form Number: Form MMS–
4425.
Abstract: The Secretary of the U.S.
Department of the Interior is responsible
for collecting royalties from lessees who
produce minerals from leased Federal
and Indian lands. The Secretary is
required by various laws to manage
mineral resources production on
Federal and Indian lands, collect the
royalties due, and distribute the funds
in accordance with those laws. The
Secretary also has a trust responsibility
to manage Indian lands and seek advice
and information from Indian
beneficiaries. The MMS performs the
royalty management functions and
assists the Secretary in carrying out the
Department’s trust responsibility for
Indian lands.
Public laws pertaining to mineral
royalties are on our Web site at http://
www.mrm.mms.gov/Laws_R_D/
PublicLawsAMR.htm. Applicable
citations of the laws pertaining to
mineral leases include the following:
1. Public Law 97–451—Jan. 12, 1983
(Federal Oil and Gas Royalty
Management Act of 1982 [FOGRMA]);

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Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Notices

2. Public Law 104–185—Aug. 13,
1996 (Federal Oil and Gas Royalty
Simplification and Fairness Act of 1996
[RSFA]), as corrected by Public Law
104–200—Sept. 22, 1996); and
3. Indian Mineral Development Act of
1982 (25 U.S.C. 2101 et seq.).
When a company or an individual
enters into a lease to explore, develop,
produce, and dispose of minerals from
Federal or Indian lands, that company
or individual agrees to pay the lessor a
share (royalty) of the value received
from production from the leased lands.
The lease creates a business relationship
between the lessor and the lessee. The
lessee is required to report various kinds
of information to the lessor relative to
the disposition of the leased minerals.
Such information is similar to data
reported to private and public mineral
interest owners and is generally
available within the records of the
lessee or others involved in developing,
transporting, processing, purchasing, or
selling of such minerals. The
information collected includes data
necessary to ensure that the royalties are
paid appropriately.
Designation of Designee

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The Federal Oil and Gas Royalty
Simplification and Fairness Act of 1996
(RSFA), Public Law 104–185, as
corrected by Public Law 104–200,
established that lessees (owners,
primarily, of operating rights, or
secondarily, lease record title) are
responsible for making royalty and
related payments on Federal oil and gas
leases. These RSFA requirements are
codified at 218.52. It is common,
however, for a payor rather than a lessee
to make these payments. When a payor
makes payments on behalf of a lessee,
RSFA section 6(g) requires that the
lessee designate the payor as its
designee and notify MMS of this
arrangement in writing. The MMS
designed Form MMS–4425, Designation
Form for Royalty Payment
Responsibility, to request all the
information necessary for lessees to

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comply with these RSFA requirements
when they choose to designate an agent
to pay for them.
Cross-Lease Netting in Calculation of
Late-Payment Interest
Regulations at 218.54 require MMS to
assess interest on unpaid or underpaid
amounts. The MMS distributes these
interest revenues to states, Indians, and
the U.S. Treasury, based on financial
lease distribution information. Current
regulations at 218.42 provide that an
overpayment on a lease or leases may be
offset against an underpayment on a
different lease or leases to determine the
net payment subject to interest, when
certain conditions are met. This is
called cross-lease netting. However,
RSFA sections 6(a), (b), and (c) require
MMS to pay interest on lessees’ Federal
oil and gas overpayments made on or
after February 13, 1997 (6 months after
the August 13, 1996 enactment of
RSFA). The MMS implemented this
RSFA provision in 1997 and began
calculating interest on both
underpayments and overpayments for
Federal oil and gas leases, making the
cross-lease netting provisions at 218.42
no longer applicable for these leases.
The MMS is developing
regulations [MRM1] to amend 218.42 to
limit its applicability to payments made
under Indian tribal leases and Federal
leases for minerals other than oil and
gas. The MMS estimates that in about
seven cases per year, lessees must
comply with the provisions of 218.42(b)
and (c) for Indian tribal leases or Federal
leases other than oil and gas,
demonstrating that cross-lease netting is
correct by submitting production
reports, pipeline allocation reports, or
other similar documentary evidence.
This information is necessary for MMS
to determine the correct amount of
interest owed by the lessee and to
ensure proper value is collected.
Tribal Permission for Recoupment on
Indian Leases
In order to report cross-lease netting
on Indian leases, lessees must also

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comply with regulations at 218.53(b),
allowing only lessees with written
permission from the tribe to recoup
overpayments on one lease against a
different lease for which the tribe is the
lessor. The payor must furnish MMS
with a copy of the tribe’s written
permission. Generally, a payor may
recoup an overpayment against the
current month’s royalties or other
revenues owed on the same tribal lease.
For any month, a payor may not recoup
more than 50 percent of the royalties or
other revenues owed in that month,
under an individual allotted lease, or
more than 100 percent of the royalties
or other revenues owed in that month,
under a tribal lease. Lessees use Form
MMS–2014, Report of Sales and Royalty
Remittance (burden hours covered
under ICR 1010–0140, which expires
November 30, 2009), for oil and gas
lease recoupments. The MMS requires
tribal permission to ensure tribes[MRM2]
receive correct revenues from
production on their leases.
The MMS is requesting OMB’s
approval to continue to collect this
information. Not collecting this
information would limit the Secretary’s
ability to discharge his/her duties and
may also result in loss of royalty
payments. Proprietary information
submitted is protected, and there are no
questions of a sensitive nature included
in this information collection.
Frequency: On occasion.
Estimated Number and Description of
Respondents: 1,612 Federal and Indian
lessees.
Estimated Annual Reporting and
Recordkeeping ‘‘Hour’’ Burden: 1,219
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:

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Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Notices
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Citation 30 CFR part 218

Reporting and recordkeeping requirement

Average number
of annual
responses

Hour burden

Annual burden
hours

Subpart A—General Provisions—Cross-lease netting in calculation of late-payment interest
218.42(b) and (c) ..............

Cross-lease netting in calculation of late-payment interest. (b) Royalties attributed to production from a
lease or leases which should have been attributed
to production from a different lease or leases may
be offset * * * if * * * the payor submits production reports, pipeline allocation reports, or other
similar documentary evidence pertaining to the
specific production involved which verifies the correct production information * * *.
(c) If MMS assesses late-payment interest and the
payor asserts that some or all of the interest is not
owed * * * the burden is on the payor to demonstrate that the exception applies * * *.

2

7

14

1,600

1,200

Subpart B—Oil and Gas, General—How does a lessee designate a Designee?
218.52(a), (c), and (d) ......

How does a lessee designate a Designee? (a) If you
are a lessee under 30 U.S.C. 1701(7), and you
want to designate a person to make all or part of
the payments due under a lease on your behalf
* * * you must notify MMS * * * in writing of such
designation * * *.
(c) If you want to terminate a designation * * *. you
must provide [the following] to MMS in writing
* * *
(d) MMS may require you to provide notice when
there is a change in the percentage of your record
title or operating rights ownership.
The MMS currently uses Form MMS–4425, Designation Form for Royalty Payment Responsibility, to
collect this information.

0.75

mstockstill on PROD1PC66 with NOTICES

Subpart B—Oil and Gas, General—Recoupment of overpayments on Indian mineral leases
218.53(b) ..........................

Recoupment of overpayments on Indian mineral
leases. (b) With written permission authorized by
tribal statute or resolution, a payor may recoup an
overpayment against royalties or other revenues
owed * * * under other leases * * *. A copy of
the tribe’s written permission must be furnished to
MMS * * *.

1

5

5

Total burden ..............

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

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

1,612

1,219

Estimated Annual Reporting and
Recordkeeping ‘‘Non-hour Cost’’
Burden: We have identified no ‘‘nonhour cost’’ burden associated with the
collection of information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501 et seq.) provides that an
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid OMB control
number.
Comments: Before submitting an ICR
to OMB, PRA Section 3506(c)(2)(A)
requires each agency ‘‘* * * to provide
notice * * * and otherwise consult
with members of the public and affected
agencies concerning each proposed
collection of information * * *.’’
Agencies must specifically solicit

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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

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this information, you should comment
and provide your total capital and
startup cost components or annual
operation, maintenance, and purchase
of service components. You should
describe the methods you use to
estimate major cost factors, including
system and technology acquisition,
expected useful life of capital
equipment, discount rate(s), and the
period over which you incur costs.
Capital and startup costs include,
among other items, computers and
software you purchase to prepare for
collecting information; monitoring,
sampling, and testing equipment; and
record storage facilities. Generally, your
estimates should not include equipment
or services purchased: (i) Before October
1, 1995; (ii) to comply with

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Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Notices

requirements not associated with the
information collection; (iii) for reasons
other than to provide information or
keep records for the Government; or (iv)
as part of customary and usual business
or private practices.
We will summarize written responses
to this notice and address them in our
ICR submission for OMB approval,
including appropriate adjustments to
the estimated burden. We will provide
a copy of the ICR to you without charge
upon request. The ICR also will be
posted on our Web site at http://
www.mrm.mms.gov/Laws_R_D/
FRNotices/FRInfColl.htm.
Public Comment Policy: We will post
all comments in response to this notice
on our Web site at http://
www.mrm.mms.gov/Laws_R_D/InfoColl/
InfoColCom.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: August 6, 2007.
Lucy Querques Denett,
Associate Director for Minerals Revenue
Management.
[FR Doc. E7–15590 Filed 8–8–07; 8:45 am]

Final Environmental Impact Statement
for the Ecological Restoration Plan for
Bandelier National Monument, New
Mexico. Alternative B was selected as
the park’s preferred alternative; it
maximizes work efficiency and
minimizes resource impacts by
implementing restoration treatments in
the most systematic and timely fashion
possible given available funding. The
purpose of the Ecological Restoration
Plan is to re-establish healthy,
sustainable vegetative conditions within
the pinon-juniper woodland and to
mitigate soil erosion that threatens the
cultural resources for which Bandelier
National Monument was established
and specifically set aside to preserve.
DATES: The National Park Service will
execute a Record of Decision (ROD) no
sooner than 30 days following
publication by the Environmental
Protection Agency of the Notice of
Availability of the Final Environmental
Impact Statement.
ADDRESSES: Information will be
available for public review and
comment online at http://
parkplanning.nps.gov and in the office
of the Superintendent, Darlene Koontz,
Bandelier National Monument, 15
Entrance Road, Los Alamos, New
Mexico 87544, 505–672–3861, extension
502.
FOR FURTHER INFORMATION CONTACT: John
Mack, Chief of Resource Management,
Bandelier National Monument, 15
Entrance Road, Los Alamos, New
Mexico 87544, 505–672–3861, extension
540, john_mack@nps.gov.
Dated: July 31, 2007.
John T. Crowley,
Acting Regional Director, Intermountain
Region, National Park Service.
[FR Doc. E7–15562 Filed 8–8–07; 8:45 am]
BILLING CODE 4312–EW–P

BILLING CODE 4310–MR–P

DEPARTMENT OF THE INTERIOR
DEPARTMENT OF THE INTERIOR
National Park Service
National Park Service
Jackson Hole Airport Use Agreement
Extension, Environmental Impact
Statement, Grand Teton National Park,
Wyoming

Ecological Restoration Plan, Final
Environmental Impact Statement,
Bandelier National Monument, New
Mexico

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Pursuant to the National
Environmental Policy Act of 1969, 42
U.S.C. 4332(2)(C), the National Park
Service announces the availability of a
SUMMARY:

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National Park Service,
Department of the Interior.
ACTION: Notice of Intent to prepare an
Environmental Impact Statement for the
Jackson Hole Airport Use Agreement
Extension, Grand Teton National Park.
AGENCY:

National Park Service,
Department of the Interior.
ACTION: Notice of Availability of the
Final Environmental Impact Statement
for the Ecological Restoration Plan,
Bandelier National Monument.
AGENCY:

SUMMARY: Pursuant to the National
Environmental Policy Act of 1969, 42
U.S.C. 4332(2)(C), the National Park
Service is preparing an Environmental
Impact Statement (EIS) for the Jackson

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Hole Airport Use Agreement Extension,
Grand Teton National Park, Wyoming.
This effort addresses a request from the
Jackson Hole Airport Board to amend
the use agreement between the
Department of the Interior and the
Airport Board in order to ensure that the
airport remains eligible for funding
through the Federal Aviation
Administration (FAA). Alternatives to
be considered include Alternative 1: No
Action—The airport would continue
operations under the existing use
agreement which currently has an
expiration date of April 27, 2033;
Alternative 2: Extend Agreement—
Jackson Hole Airport Board proposal to
extend the use agreement for an
additional two 10–year terms, bringing
the expiration date to April 27, 2053;
and Alternative 3: Update and Extend
Agreement—Extend the use agreement
for an additional two 10-year terms with
minor modifications as mutually agreed
to by the NPS and the Airport Board.
The Jackson Hole Airport is located
on 533 acres of land within Grand Teton
National Park. The airport operates
under the terms and conditions of a
1983 use agreement between the
Department of the Interior and the
Jackson Hole Airport Board. The 1983
agreement was for a primary term of 30
years, with options for two 10-year
extensions, both of which have been
exercised. The agreement also includes
a provision that further extensions,
amendments, or modifications could be
negotiated by the parties on mutually
satisfactory terms, and that the parties
agree that upon expiration of the
agreement, a mutually satisfactory
extension could be negotiated.
The FAA requires that airports have
use agreements of 20 years or more in
order to remain eligible for Airport
Improvement Program funds. An
extension of the existing use agreement
is needed to provide assurance that the
airport will remain eligible for funding
beyond the year 2013.
In November 2006, a public scoping
notice soliciting public comments was
circulated describing the purpose and
need for the project. Based on comments
received and subsequent data gathered,
the NPS has determined the preparation
of an EIS is warranted. Preliminary EIS
impact topics include: Natural
soundscape, air quality, water quality,
wildlife/T&E species, visual quality/
dark skies, public health and safety,
visitor use & experience, transportation
planning, socioeconomics, park &
airport operations.
DATES: The National Park Service will
conduct further scoping for the draft
alternatives and EIS for a period of 30-

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File Typeapplication/pdf
File Title72 FR 44853 2007-08-09
Subjectdesignation, form, royalty, payment, responsability, late-payment, interest, mms-4425
AuthorMMS/MRM
File Modified2008-05-29
File Created2007-08-09

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