[Federal Register Volume 69, Number 59 (Friday, March 26, 2004)]
[Notices]
[Pages 15897-15899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6804]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
Agency Information Collection Activities: Proposed Collection,
Comment Request
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice of an extension of a currently approved information
collection (OMB control number 1010-0074).
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SUMMARY: To comply with the Paperwork Reduction Act (PRA) of 1995, 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 information collection request (ICR) is titled ``30 CFR
Part 206--Product Valuation, Subpart J--Indian Coal (Forms MMS-4292,
Coal Washing Allowance Report, and MMS-4293, Coal Transportation
Allowance Report).''
DATES: Submit written comments on or before May 25, 2004.
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, our courier address is Building 85,
Room A-614, Denver Federal Center, Denver, Colorado 80225.
FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone (303)
231-3211, FAX (303) 231-3781.
SUPPLEMENTARY INFORMATION: Title: 30 CFR Part 206--Product Valuation,
Subpart J--Indian Coal (Forms MMS-4292, Coal Washing Allowance Report,
and MMS-4293, Coal Transportation Allowance Report).
OMB Control Number: 1010-0074.
Bureau Form Number: Forms MMS-4292 and MMS-4293.
Abstract: The Secretary of the U.S. Department of the Interior
(DOI) is responsible for collecting royalties from lessees who produce
minerals from leased Federal and Indian lands. The Secretary is
required by various laws and acts including 25 U.S.C. 396d and the
Indian Minerals Development Act (25 U.S.C. 2103) 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 an Indian trust responsibility to manage
Indian lands and seek advice and information from Indian beneficiaries.
MMS performs the royalty management functions and assists the Secretary
in carrying out DOI's Indian trust responsibility.
Indian tribes and allottees receive all royalties generated from
Indian lands. Both groups have expressed concern that DOI will ensure
they receive the proper royalty amount. Failure to collect the data
described in this information collection could result in the
undervaluation of the minerals and render it impossible for the
Secretary to
[[Page 15898]]
fulfill his/her statutory and trust responsibilities to the Indians.
The information that is collected under this ICR is essential for the
royalty valuation process.
We developed Form MMS-4292, Coal Washing Allowance Report, and Form
MMS-4293, Coal Transportation Allowance Report, for industry to use
when reporting or requesting a washing or transportation allowance.
Historically, the lessee requested approval of royalty deductions by
submitting a letter which provided information enabling the Government
to evaluate the reasonableness of the deductions. Under the product
value regulations at 30 CFR Part 206--Product Valuation, Subpart J--
Indian Coal, we normally accept costs incurred under arm's-length
contracts for transporting and/or washing coal. (An arm's-length
contract is a contract or agreement between independent, nonaffiliated
persons with opposing economic interest regarding that contract.) The
regulations further provide that we normally accept the contract sales
prices arrived at by the lessee in their arm's-length contract as being
representative of value for ad valorem leases (30 CFR 206.456,
Valuation standards for ad valorem leases).
In those instances when Indian coal is washed or transported under
non-arm's-length conditions, it is necessary for us to obtain cost
data. The information collected on the forms enables us to accurately
determine if the lessee correctly computed the coal value and the gross
proceeds for royalty calculation purposes.
Proprietary information that is submitted to MMS is protected, and
there are no questions of a sensitive nature included in this
information collection. The requirement to respond is required when
claiming washing and/or transportation allowances.
For this ICR renewal, we have no change in the burden hours
submitted to OMB. We have changed the title of this ICR from ``Coal
Washing and Transportation Allowance (Forms MMS-4292 and MMS-4293)'' to
``30 CFR Part 206--Product Valuation, Subpart J--Indian Coal (Forms
MMS-4292, Coal Washing Allowance Report, and MMS-4293, Coal
Transportation Allowance Report),'' to clarify the regulatory language
we are covering under 30 CFR Part 206.
Frequency of Response: Annually.
Estimated Number and Description of Respondents: 1 lessee.
Estimated Annual Reporting and Recordkeeping ``Hour'' Burden: 4
hours.
The following chart shows the breakdown of the estimated burden
hours by CFR section and paragraph:
Respondent Annual Burden Hour Chart
----------------------------------------------------------------------------------------------------------------
Burden Annual Annual
30 CFR section Reporting requirement hours per number of burden
response responses hours
----------------------------------------------------------------------------------------------------------------
206.458 (a)(1), (b)(1), (c)(1)(i) and (iii), Determination of washing 2 1 2
(c)(2)(i) and (iii). allowances..
(a) Arm's-length
contracts. (1) * * *
However, before any
deduction may be taken,
the lessee must submit a
completed page one of
Form MMS-4292, Coal
Washing Allowance
Report, * * *.
(b) Non-arm's-length or
no contract. (1) * * *
However, before any
estimated or actual
deduction may be taken,
the lessee must submit a
completed Form MMS-4292
* * *.
(c) Reporting
requirements. (1) Arm's-
length contracts. (i) *
* * the lessee shall
submit page one of the
initial Form MMS-4292
prior to, or at the same
time, as the washing
allowance determined
pursuant to an arm's-
length contract is
reported on Form MMS-
4430, Solid Minerals
Production and Royalty
Report. * * * (iii)
After the initial
reporting period and for
succeeding reporting
periods, lessees must
submit page one of Form
MMS-4292 * * *
(2) Non-arm's-length or
no contract. (i) * * *
the lessee shall submit
an initial Form MMS-4292
prior to, or at the same
time as, the washing
allowance determined
pursuant to a non-arm's-
length contract or no
contract situation is
reported on Form MMS-
4430, Solid Minerals
Production and Royalty
Report. * * * (iii) For
calendar-year reporting
periods succeeding the
initial reporting
period, the lessee shall
submit a completed Form
MMS-4292 containing the
actual costs for the
previous reporting
period. If coal washing
is continuing, the
lessee shall include on
Form MMS-4292 its
estimated costs for the
next calendar year. * *
*
206.461 (a)(1), (b)(1), (c)(1)(i) and (iii), Determination of 2 1 2
(c)(2)(i) and (iii). transportation
allowances..
(a) Arm's-length
contracts. (1) * * *
However, before any
deduction may be taken,
the lessee must submit a
completed page one of
Form MMS-4293, Coal
Transportation Allowance
Report * * *.
(b) Non-arm's-length or
no contract. (1) * * *
However, before any
estimated or actual
deduction may be taken,
the lessee must submit a
completed Form MMS-4293
* * *.
[[Page 15899]]
(c) Reporting
requirements. (1) Arm's-
length contracts. (i) *
* * the lessee shall
submit page one of the
initial Form MMS-4293
prior to, or at the same
time as, the
transportation allowance
determined pursuant to
an arm's-length contract
is reported on Form MMS-
4430, Solid Minerals
Production and Royalty
Report. * * * (iii)
After the initial
reporting period and for
succeeding reporting
periods, lessees must
submit page one of Form
MMS-4293 * * *
(2) Non-arm's-length or
no contract. (i) * * *
the lessee shall submit
an initial Form MMS-4293
prior to, or at the same
time as, the
transportation allowance
determined pursuant to a
non-arm's-length
contract or no contract
situation is reported on
Form MMS-4430, Solid
Minerals Production and
Royalty Report. * * *
(iii) For calendar-year
reporting periods
succeeding the initial
reporting period, the
lessee shall submit a
completed Form MMS-4293
containing the actual
costs for the previous
reporting period * * *
--------------
Total..................................... ......................... 4 2 4
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Estimated Annual Reporting and Recordkeeping ``Non-hour Cost''
Burden: We have identified no ``non-hour'' cost burdens.
Comments: The PRA (44 U.S.C. 3501, et seq.) provides 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. 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 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. We have not identified
non-hour cost burdens for this information collection. 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 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.
Public Comment Policy: We will 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. Upon request, we will withhold an individual respondent's
home address from the public record, as allowable by law. There also
may be circumstances in which we would withhold from the rulemaking
record a respondent's identity, as allowable by law. If you request
that we withhold your name and/or address, state your request
prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
MMS Federal Register Liaison Officer: Denise Johnson (202) 208-
3976.
Dated: March 19, 2004.
Lucy Querques Denett,
Associate Director for Minerals Revenue Management.
[FR Doc. 04-6804 Filed 3-25-04; 8:45 am]
BILLING CODE 4310- MR-P