Agency Information Collection Activities: Suspensions Pending Appeal and Bonding
| Citation | 88 FR 63973 |
| Published date | 18 September 2023 |
| Record Number | 2023-20090 |
| Court | Interior Department,Natural Resources Revenue Office |
| Section | Notices |
Federal Register, Volume 88 Issue 179 (Monday, September 18, 2023)
[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Notices]
[Pages 63973-63975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20090]
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DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue
[Docket No. ONRR-2011-0008; DS63644000 DRT000000.CH7000 234D1113RT; OMB
Control Number 1012-0006]
Agency Information Collection Activities: Suspensions Pending
Appeal and Bonding
AGENCY: Office of Natural Resources Revenue, Interior.
ACTION: Notice of information collection; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995
(``PRA''), the Office of Natural Resources Revenue (``ONRR'') is
proposing to revise a currently approved information collection to
expand its scope to include the mineral estate underlying Osage County,
Oklahoma (``Osage Mineral Estate'').
DATES: Submit written comments on or before November 17, 2023.
ADDRESSES: All comment submissions must (1) reference ``OMB Control
Number 1012-0006'' in the subject line; (2) be sent to ONRR before the
close of the comment period listed under DATES; and (3) be sent using
the following method:
Electronically via the Federal eRulemaking Portal: Please visit
https://www.regulations.gov. In the Search Box, enter the Docket ID
Number for this ICR renewal (``ONRR-2011-0008'') and click ``search''
to view the publications associated with the docket folder. Locate the
document with an open comment period and click the ``Comment Now!''
button. Follow the prompts to submit your comment prior to the close of
the comment period.
Docket: To access the docket folder to view the ICR Federal
Register publications, go to https://www.regulations.gov and search
``ONRR-2011-0008'' to view renewal notices recently published in the
Federal Register, publications associated with prior renewals, and
applicable public comments received for this ICR. ONRR will make the
comments submitted in response to this notice available for public
viewing at https://www.regulations.gov.
OMB ICR Data: OMB also maintains information on ICR renewals and
approvals. You may access this information at https://www.reginfo.gov/public/do/PRASearch. Please use the following instructions: Under the
``OMB Control Number'' heading enter ``1012-0006'' and click the
``Search'' button located at the bottom of the page. To view the ICR
renewal or OMB approval status, click on the latest entry (based on the
most recent date). On the ``View ICR--OIRA Conclusion'' page, check the
box next to ``All'' to display all available ICR information provided
by OMB.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, please contact Kimberly Werner, Financial Services,
ONRR, by telephone at (303) 231-3801 or email to
[email protected]. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: Through this revision, ONRR seeks authority
to collect information related to the paperwork requirements under 30
CFR part 1243 and the Bureau of Indian Affairs' (``BIA'') proposed
regulations at 25 CFR part 226, subpart O to post a surety or bond, or
demonstrate financial solvency. ONRR uses forms ONRR-4435, ONRR-4436,
and ONRR-4437 as part of these information collection requirements.
Pursuant to the PRA, 44 U.S.C. 3501, et seq., and 5 CFR 1320.5, all
information collections, as defined in 5 CFR 1320.3, require approval
by OMB. ONRR may not conduct or sponsor, and you are not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
As part of ONRR's continuing effort to reduce paperwork and
respondent burdens, ONRR is inviting the public and other Federal
agencies to comment on new, proposed, revised, and continuing
collections of information in accordance with the PRA and 5 CFR
1320.8(d)(1). This helps ONRR to assess the impact of its information
collection requirements and minimize the public's reporting burden. It
also helps the public understand ONRR's information collection
requirements and provide the requested data in the desired format.
ONRR is especially interested in public comments addressing the
following:
(1) Whether the collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information will have practical utility;
(2) The accuracy of ONRR's estimate of the burden for this
collection of information, including the validity of the methodology
and assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. ONRR will include or summarize each comment in its
request to OMB to approve this ICR. Before including your address,
phone number, email address, or other personal identifying information
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made publicly
available at any time. While you can ask ONRR in your comment to
withhold your personal identifying information from public review, ONRR
cannot guarantee that it will be able to do so.
Abstract: (a) General Information: The Federal Oil and Gas Royalty
Management Act of 1982 (``FOGRMA'') directs the Secretary of the
Interior (``Secretary'') to ``establish a comprehensive inspection,
collection and fiscal and production accounting and auditing system to
provide the capability to accurately determine oil and gas royalties,
interest, fines, penalties, fees, deposits, and other payments owed,
and to collect and account for such amounts in a timely manner.'' 30
U.S.C. 1711. ONRR
[[Page 63974]]
performs these and other mineral revenue management responsibilities
for the Secretary. See U.S. Department of the Interior Departmental
Manual, 112 DM 34.1 (Sept. 9, 2020). FOGRMA and ONRR's regulations at
30 CFR Chapter XII do not apply to the Osage Mineral Estate.
The Osage Mineral Estate is held in trust by the United States for
the benefit of the Osage Nation. See Osage Allotment Act of June 28,
1906, Pub. L. 59-321, 3, 34 Stat. 539, as amended. BIA's regulations at
25 CFR part 226 contain requirements specific to the Osage Mineral
Estate, and, historically, BIA has performed compliance activities
related to those requirements. In conjunction with this ICR, BIA has
published a proposed rule in the Federal Register on January 13, 2023
(88 FR 2430) that would require a lessee of the Osage Mineral Estate to
submit to ONRR certain forms already authorized in this ICR for Federal
and non-Osage Indian lands. Accordingly, this ICR revision adds
information collections specific to oil and gas royalty and production
reporting for the Osage Mineral Estate.
For Federal lands only, Section 4(l), ``Stay of Payment Obligation
Pending Review,'' of the Federal Oil and Gas Royalty Simplification and
Fairness Act of 1996 (``RSFA'') requires ONRR to evaluate any person,
ordered by the Secretary or a delegated State to pay any obligation
(other than an assessment) subject to RSFA, to determine whether that
person is entitled to a stay of the order without bond or other surety
instrument, pending an administrative or judicial proceeding, based on
the financial solvency of that person.
Regulations under 30 CFR part 1243 and proposed regulations under
25 CFR part 226, subpart O, govern the suspension of orders or
decisions pending administrative appeal for Federal and Indian leases.
For Federal leases, these regulations allow an appellant to submit
information demonstrating financial solvency in lieu of providing a
surety. For appellants who are not financially solvent or for appeals
involving Indian leases, ONRR requires appellants to post a surety
instrument to secure the financial interest of the public and Indian
lessors during the entire administrative or judicial appeal process.
BIA has published a proposed rule in the Federal Register on
January 13, 2023 (88 FR 2430) that would require lessees of the Osage
Mineral Estate to submit the forms authorized by this ICR to ONRR.
Accordingly, this ICR revision adds information collections specific to
posting an ONRR-specified surety instrument under 30 CFR part 1243
subpart B within the time period that ONRR prescribes to secure the
financial interest of the Osage Mineral Estate.
This ICR remains unchanged in its application and effect as to all
leases previously subject to the information collections described
below, which includes all Federal leases onshore and offshore and all
Indian leases held in trust by the United States, except for the Osage
Mineral Estate.
If ONRR determines that a lessee did not properly report, pay, or
both, it may issue orders, notices of noncompliance, and civil penalty
notices to compel corrective reporting, payment, or both. Lessees have
a right to appeal ONRR's determinations.
(b) Information Collections: Regulations under 30 CFR part 1243 and
proposed regulations under 25 CFR part 226, subpart O, govern the
submission of appropriate surety instruments to suspend compliance with
an order or decision, and to stay the accrual of civil penalties (if
the Office of Hearings and Appeals grants a lessee's petition to stay
accrual of civil penalties) pending administrative appeal for Federal
and Indian leases. For Federal oil and gas leases, under 30 U.S.C.
1724(l) and its implementing regulations under 30 CFR part 1243, an
appellant requesting a suspension without providing a surety must
submit information to demonstrate financial solvency. This ICR covers
the burden hours associated with submitting financial statements and
surety instruments required to stay an ONRR order, decision, or accrual
of civil penalties as follows:
(1) Stay of Payment Pending Appeal: Title 30 CFR 1243.1 states that
lessees or recipients of ONRR orders may suspend compliance with an
order if they appeal under 30 CFR part 1290. Pending appeal, ONRR may
suspend the payment requirement if the appellant submits a formal
agreement of payment in the case of default, such as a bond or other
surety. For Federal oil and gas leases, the appellant may alternatively
demonstrate financial solvency. If the Office of Hearings and Appeals
grants a recipient of a notice of noncompliance or civil penalty
notice's request to stay the accrual of civil penalties under 30 CFR
1241.55(b)(2) and 1241.63(b)(2), recipient must post a bond or other
surety. For Federal oil and gas leases, the appellant may alternatively
demonstrate financial solvency.
ONRR accepts the following surety types:
(i) Form ONRR-4435, Administrative Appeal Bond;
(ii) Form ONRR-4436, Letter of Credit;
(iii) Form ONRR-4437, Assignment of Certificate of Deposit;
(iv) Self-bonding (Federal leases only); and
(v) U.S. Treasury Securities.
When an appellant selects one of the surety types and puts it in
place, the appellant must maintain the surety until the appeal's
resolution. If the appeal is decided in favor of the appellant, ONRR
will return the surety to the appellant. If the appeal is decided in
favor of ONRR, then ONRR will take action to collect the total amount
due or draw down on the surety. ONRR will draw down on a surety if the
appellant fails to comply with requirements relating to the amount due,
timeframe, or surety submission or resubmission. Whenever ONRR draws
down on a surety, it reduces the total amount due, which is defined as
the unpaid principal plus the interest accrued to the projected receipt
date of the surety payment. Appellants may refer to the Surety
Instrument Posting Instructions, available on our website at http://www.onrr.gov/compliance/appeals.htm.
(2) Forms and Other Surety Types:
A. Form ONRR-4435, Administrative Appeal Bond: An appellant may
file form ONRR-4435, Administrative Appeal Bond, which ONRR uses to
secure the financial interests of the public and Indian lessors during
the entire administrative and judicial appeal processes. Under 30 CFR
1243.4 and proposed regulations at 25 CFR 226.179, an appellant is
required to submit its contact and surety amount information on the
bond to obtain the benefit of suspension of an obligation to comply
with an order. The bond must be issued by a qualified surety company
that the U.S. Department of the Treasury approves (see Department of
the Treasury Circular No. 570, revised periodically in the Federal
Register). ONRR's Director, or the delegated bond-approving officer,
maintains the bonds in a secure facility. After an appeal's conclusion,
ONRR may release and return the bond to the appellant or collect
payment on the bond. If collection is necessary for a remaining
balance, ONRR will issue a demand for payment to the surety company
with a notice to the appellant. ONRR will also include all interest
accrued on the affected receivable.
B. Form ONRR-4436, Letter of Credit: An appellant may choose to
file form ONRR-4436, Letter of Credit, with no modifications.
Requirements under 30 CFR 1243.4 and proposed regulations at 25 CFR
226.179 continue to apply. ONRR's Director, or the delegated bond-
approving officer, maintains the Letter of Credit (``LOC'') in a secure
facility.
[[Page 63975]]
The appellant is responsible for verifying that the bank provides a
current Fitch rating to ONRR. After the appeal's resolution, ONRR may
release and return the LOC to the appellant or collect payment on the
LOC. If collection is necessary for a remaining balance, ONRR will
issue a demand for payment that includes the principal amount plus the
interest assessed on the receivable, to the bank with a notice to the
appellant.
C. Form ONRR-4437, Assignment of Certificate of Deposit: An
appellant may choose to secure a debt by requesting to use a
Certificate of Deposit (``CD'') from a bank with the required minimum
rating and submitting form ONRR-4437, Assignment of Certificate of
Deposit. Requirements under 30 CFR 1243.4 and proposed regulations at
25 CFR 226.179 continue to apply. The appellant must file the request
with ONRR prior to the invoice due date. ONRR will accept a book-entry
CD that explicitly assigns the CD to ONRR's Director. If collection of
the CD is necessary for an unpaid balance, ONRR will return unused CD
funds to the appellant after total settlement of the appealed issues,
including applicable interest charges.
D. Self-bonding (Federal leases only, not applicable to Indian or
the Osage Mineral Estate leases): For Federal oil and gas leases,
regulations under 30 CFR 1243.201 provide that no surety instrument is
required when a person representing the appellant periodically
demonstrates, to the satisfaction of ONRR, that the guarantor or
appellant is financially solvent or otherwise able to pay the
obligation. The appellant must submit a written request to ``self-
bond'' every time a new appeal is filed. To evaluate the financial
solvency and exemption from requirements of appellants to maintain a
surety related to an appeal, ONRR requires appellants to submit a
consolidated balance sheet, subject to annual audit. In some cases,
ONRR also requires copies of the most recent tax returns (up to three
years) filed by the appellant.
In addition, an appellant must annually submit financial
statements, subject to audit, to support its net worth. ONRR uses the
consolidated balance sheet or business information supplied to evaluate
the financial solvency of a lessee, designee, or payor seeking a stay
of payment obligation pending review. If the appellant does not have a
consolidated balance sheet documenting its net worth, or if it does not
meet the $300 million net worth requirement, ONRR will select a
business information or credit reporting service to provide information
concerning the appellant's financial solvency. ONRR charges the
appellant a $50 fee each time it reviews data from a business
information or credit reporting service. The fee covers ONRR's cost to
determine an appellant's financial solvency.
E. U.S. Treasury Securities: An appellant may choose to secure its
debts by requesting to use a U.S. Treasury Security (``TS''). The
appellant must file the letter of request with ONRR prior to the
invoice due date. The TS must be a U.S. Treasury note or bond with
maturity equal to or greater than one year. The TS must equal 120
percent of the appealed amount plus 1 year of estimated interest
(necessary to protect ONRR against interest rate fluctuations). ONRR
only accepts book-entry TS.
Title of Collections: Suspensions Pending Appeal and Bonding.
OMB Control Number: 1012-0006.
Form Numbers: ONRR-4435, ONRR-4436, and ONRR-4437.
Type of Review: Revision to a currently approved collection.
Respondents/Affected Public: Businesses.
Total Estimated Number of Annual Respondents: 107 appellants.
Total Estimated Number of Annual Responses: 107.
Estimated Completion Time per Response: The time per response is
120 mins. The average completion time is calculated by first
multiplying the estimated annual burden hours (214 burden hours) by 60
to obtain the total annual burden minutes. Then the total annual burden
minutes (12,840) is divided by the estimated annual responses (107).
Total Estimated Number of Annual Burden Hours: 214 hours.
Respondent's Obligation: Mandatory.
Frequency of Collection: Annually and on occasion.
Total Estimated Annual Non-Hour Burden Cost: ONRR identified no
``non-
hour cost'' burden associated with this collection of information.
Estimated Annual Reporting and Recordkeeping ``Non-hour'' Cost
Burden: There are no additional recordkeeping costs associated with
this information collection. However, ONRR estimates 5 appellants per
year will pay a $50 fee to obtain credit data from a business
information or credit reporting service, which is a total ``non-hour''
cost burden of $250 per year (5 appellants per year x $50 = $250).
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
The authority for this action is the PRA (44 U.S.C. 3501, et seq.).
Howard Cantor,
Director, Office of Natural Resources Revenue.
[FR Doc. 2023-20090 Filed 9-15-23; 8:45 am]
BILLING CODE 4335-30-P
