Notices. Amendment to Consolidated Delegation of Authority for the Office of Community Planning and Development

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BILLING CODE 4910-15-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-4837-D-59] Amendment, Consolidated Delegation of Authority for the Office of Community Planning and Development AGENCY: Office of the Secretary, HUD. ACTION: Amendment to Consolidated Delegation of Authority for the Office of Community Planning and Development. SUMMARY: This notice amends the existing Consolidated Delegation of Authority for Community Planning and Development to add the Renewal Communities, urban Empowerment Zones, and urban Enterprise Communities (RC/EZ/EC) Initiative and Technical Assistance Awards to the list of programs delegated to the Assistant Secretary for Community Planning and Development and the General Deputy Assistant Secretary for Community Planning and Development.

This amendment also authorizes the General Deputy Assistant Secretary to further redelegate any of the authority delegated under the Consolidated Delegation of Authority, as amended. DATES: *Effective Date:* March 27, 2006. FOR FURTHER INFORMATION CONTACT: Karen Daly, Director of Policy Development and Coordination, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7240, Washington, DC 20410-7000,

(202)708-1817. This is not a toll-free number. For those needing assistance, this number may be accessed via TTY by calling the Federal Information Relay Service at

(800)877-8339. SUPPLEMENTARY INFORMATION: On September 16, 2003 (68 FR 54238), the Department published a Consolidated Delegation of Authority for Community Planning and Development programs. This notice amends the existing Consolidated Delegation of Authority for Community Planning and Development by adding the Renewal Communities, urban Empowerment Zones, and urban Enterprise Communities (RC/EZ/EC) Initiative and Technical Assistance Awards to the list of programs delegated to the Assistant Secretary and the General Deputy Assistant Secretary for Community Planning and Development. The Consolidated Delegation authorized the Assistant Secretary to further redelegate any authority included therein, excluding those authorities expressly excepted. This amendment similarly authorizes the General Deputy Assistant Secretary to further redelegate any delegated authority, excluding those expressly excepted. This notice also clarifies the authority excepted from the Consolidated Delegation and updates the list of prior delegations of authority superseded by the Consolidated Delegation. Accordingly, the Secretary amends the Consolidated Delegation of Authority for CPD programs at 68 FR 54238 (September 16, 2003), as follows: Section A. Amendment to Consolidated Delegation of Authority At Section A of 68 FR 54238-9 (September 16, 2003), under the heading entitled “Authority”: 1. Paragraph 6 is amended to read as follows: 6. The Renewal Communities, urban Empowerment Zones, and urban Enterprise Communities (RC/EZ/EC) Initiative as authorized under title 26, subtitle A, chapter 1, subchapter U of the Internal Revenue Code, as amended, 26 U.S.C. 1391 *et seq.* with respect to urban Empowerment Zones and urban Enterprise Communities and title 26, subtitle A, chapter 1, subchapter X of the Internal Revenue Code, as amended, 26 U.S.C. 1400E *et seq.* with respect to Renewal Communities; and grants for urban Empowerment Zones as provided for in annual HUD appropriations acts ( *e.g.* , Consolidated Appropriations Resolution, Fiscal Year 2003, Pub. L. 108-7, 117 Stat. 11, approved February 20, 2003). 2. After paragraph 19(f), a new paragraph is added to the list of programs under which authority is delegated as follows: 20. Technical Assistance Awards as authorized under Section 107(b)(4) of the Housing and Community Development Act of 1974, 42 U.S.C. 5307; Sections 233 and 242 of the Cranston-Gonzalez National Affordable Housing Act, 42 U.S.C. 12773 and 12781-83; Section 423 of the Stuart B. McKinney Homeless Assistance Act, 42 U.S.C. 11383 *et seq.* ; Title IV of the Cranston-Gonzalez National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992, 42 U.S.C. 12899 *et seq.* ; and as provided for in annual HUD appropriations acts ( *e.g.* , Consolidated Appropriations Resolution, Fiscal Year 2003, Pub. L. 108-7, 117 Stat. 11, approved February 20, 2003). Section B. Amendment to Authority Excepted At Section B of 68 FR 54238 (September 16, 2003), under the heading entitled “Authority Excepted,” paragraph 2.b. is amended as follows: b. The power to administer the section 107 programs listed in the Delegation of Authority to the Assistant Secretary for Policy Development and Research at 68 FR 42749 (July 18, 2003); Section C. Amendment to Authority to Redelegate At Section C of 68 FR 54238 (September 16, 2003), under the heading entitled “Authority to Redelegate,” is amended to read as follows: The Assistant Secretary for Community Planning and Development and the General Deputy Assistant Secretary for Community Planning and Development are authorized to redelegate to employees of the Department any of the authority delegated under Section A, excluding the authority excepted under Section B, the authority to issue or waive rules and regulations. Section D. Amendment to Delegations Superseded At Section D of 68 FR 54238 (September 16, 2003), under the heading entitled “Delegations Superseded,” after paragraph 19, two new paragraphs are added to the list of delegations superseded as follows: 20. Delegation of Authority from the Secretary to the Assistant Secretary for Community Planning and Development, published on January 26, 1998 (63 FR 3761); 21. Delegation of Authority from the Secretary to the Assistant Secretary for Community Planning and Development, published on January 11, 1999 (64 FR 1637). Section E. Actions Ratified The Secretary hereby ratifies all actions previously taken by the Assistant Secretary for Community Planning and Development and the General Deputy Assistant Secretary for Community Planning and Development, with respect to the programs and matters listed in Section A. Authority: Section 7(d), Department of Housing and Urban Development Act, 42 U.S.C. 3535(d). Dated: March 27, 2006. Alphonso Jackson, Secretary. [FR Doc. E6-6246 Filed 4-25-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-4837-D-60] Redelegations of Authority to Directors and Deputy Directors of Community Planning and Development in Field Offices AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice of redelegation of authority to field offices. SUMMARY: In this notice, the Assistant Secretary of Community Planning and Development redelegates to the Directors and Deputy Directors of Community Planning and Development in HUD Field Offices all powers and authorities necessary to carry out Office of Community Planning and Development programs, except those powers and authorities specifically excluded. EFFECTIVE DATES: March 27, 2006. FOR FURTHER INFORMATION CONTACT: Karen Daly, Director of Policy Development and Coordination, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7240, Washington, DC 20410-7000;

(202)708-1817. This is not a toll-free number. For those needing assistance, this number may be accessed via TTY by Calling the Federal Information Relay Service at 800 877-8339. SUPPLEMENTARY INFORMATION: On April 15, 1994 (59 FR 18280), the Assistant Secretary for Community Planning and Development

(CPD)previously redelegated to Directors and Deputy Directors of CPD in HUD Field Offices all powers and authorities necessary to carry out CPD programs, except those powers specifically excluded. A notice published on May 11, 1994 (59 FR 24451), corrected the effective date of the 1994 redelegations. A notice on published June 8, 1995 (60 FR 30312), further amended the 1994 redelegations. On September 16, 2003 (68 FR 54238), the Secretary issued a Consolidated Delegation of Authority for CPD programs to the Assistant Secretary and the General Deputy Assistant Secretary for Community Planning and Development. This notice updates and revises redelegations of authority to Directors and Deputy Directors of CPD in HUD Field Offices. Accordingly, the Assistant Secretary redelegates as follows: Section A. General Redelegation of Authority 1. Except as provided in Section C, the Assistant Secretary redelegates to the Directors and Deputy Directors of Community Planning and Development in HUD Field Offices all powers and authorities of the Assistant Secretary necessary to carry out the following Community Planning and Development programs and matters, except those authorities specifically excluded: 1. Community Development Block Grants, Loan Guarantees and other programs covered by Title I of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. 5301 *et seq.* *Authority not redelegated:* • Terminate, reduce or limit the availability of grant payments pursuant to section 111(a), 42 U.S.C. 5311. • Adjust entitlement and state grants pursuant to section 104(e), 42 U.S.C. 5304. • Determine basic grant amounts for metropolitan cities, urban counties, and States pursuant to section 106, 42 U.S.C. 5306. • Reallocate funds pursuant to section 106(c) or (d), 42 U.S.C. 5306. • Determine the qualifications of localities for special consideration. This includes, but is not limited to, the determination of qualifications of counties as urban counties pursuant to section 102(a)(6), 42 U.S.C. 5302, the determination of what constitutes a city pursuant to section 102(a)(5), 42 U.S.C. 5302, and the determination of levels of physical and economic distress of cities and urban counties for eligibility for urban development action grants pursuant to section 119(b), 42 U.S.C. 5318. Approve and disapprove applications, or amendments to applications, filed for loan guarantee or grant assistance, issue commitments or grant awards, execute grant agreements, or issue guarantees pursuant to section 108, 42 U.S.C. 5308. 2. Consolidated plans, 24 CFR part 91 (including Comprehensive Housing Affordability Strategies based on title I of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. 12701 *et seq.* ) and submission and reporting requirements for the programs listed in paragraphs 1, 3, 4, and 6. *Authority not redelegated:* Effect remedies for noncompliance pursuant to section 108 of NAHA 3. Emergency Shelter Grants Program, title IV, subtitle B of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11371 *et seq.* *Authority not redelegated:* • Determine allocation amounts. 4. HOME Investment Partnerships, title II of the Cranston-Gonzalez National Affordable Housing Act (NAHA), as amended, 42 U.S.C. 12721 *et seq.* *Authority not redelegated:* • Determine allocation and reallocation amounts pursuant to section 217 of NAHA. • Revoke a jurisdiction's designation as a participating jurisdiction pursuant to section 216 of NAHA. • Effect remedies for noncompliance pursuant to section 223 of NAHA. 5. HOPE for Homeownership of Single Family Homes (HOPE 3), title IV, subtitle C of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. 12891. 6. Housing Opportunities for Persons With AIDS, the AIDS Housing Opportunity Act, title VII, subtitle D of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. 12901 *et seq.* *Authority not redelegated:* • Determine allocations, adjustments and reallocation amounts. • Revoke a jurisdiction's designation as an eligible state or eligible metropolitan statistical area for a formula allocation or as an eligible applicant for a nonformula allocation. • Effect remedies for noncompliance, such as termination, reduction or limitations on availability of grant payments, under 24 CFR 574.500(c). 7. Supportive Housing, Section 8 Moderate Rehabilitation Single Room Occupancy (SRO), and Shelter Plus Care Programs, title IV, subtitles C, D, E and F of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11301 *et seq.* *Authority not redelegated:* • Make funding decisions. 8. Economic Development Initiative grants, as specified in annual HUD appropriations acts, *e.g.* , Consolidated Appropriations Resolution, 2003, Pub. L. 108-7, 117 Stat. 11 (Feb. 20, 2003). 9. Neighborhood Initiatives grants, as specified in annual HUD appropriations acts, *e.g.* , Consolidated Appropriations Resolution, 2003, Pub. L. 108-7, 117 Stat. 11 (Feb. 20, 2003). 10. The Rural Housing and Economic Development program, as provided for originally in the Fiscal Year 1998 HUD/VA Appropriations Act, Pub. L. 105-65, 111 Stat. 1344 (Oct. 27, 1997), and subsequent annual HUD appropriations acts. 11. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 *et seq.* , as amended, 42 U.S.C. 4601 *et seq.* 12. Youthbuild Program, title IV, subtitle D of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. 12899 *et seq.* 13. The Renewal Communities, urban Empowerment Zones and urban Enterprise Communities (RC/EZ/EC) Initiative as authorized under title 26, subtitle A, chapter 1, subchapter U of the Internal Revenue Code, as amended, 26 U.S.C. 1391 *et seq.* with respect to urban Empowerment Zones and urban Enterprise Communities and title 26, subtitle A, chapter 1, subchapter X of the Internal Revenue Code, as amended, 26 U.S.C. 1400E *et seq.* with respect to Renewal Communities; and grants for urban Empowerment Zones as provided for in annual HUD appropriations acts ( *e.g.* , Consolidated Appropriations Resolution, Fiscal Year 2003, Pub. L. 108-7, 117 Stat. 11, approved February 20, 2003). *Authority not redelegated:* • Approve or amend strategic plans or other state and local commitments, including boundary changes. • Revoke a designation, including issuing a warning letter pursuant to 24 CFR parts 597, 598, and 599. 14. District of Columbia Enterprise Zone, title 26, subtitle A, chapter 1, subchapter W of the Internal Revenue Code, 26 U.S.C. 1400 *et seq.* , as amended. *Authority not redelegated:* • Approve or amend strategic plans or other state and local commitments, including boundary changes. 15. Technical Assistance Awards as authorized under Section 107(b)(4) of the Housing and Community Development Act of 1974, 42 U.S.C. 5307; Sections 233 and 242 of the Cranston-Gonzalez National Affordable Housing Act, 42 U.S.C. 12773 and 12781-83; Section 423 of the Stuart B. McKinney Homeless Assistance Act, 42 U.S.C. 11383 *et seq.* ; Title IV of the Cranston-Gonzalez National Affordable Housing Act, as amended by the Housing and Community Development Act of 1992, 42 U.S.C. 12899 *et seq.* ; and as provided for in annual HUD appropriations acts, *e.g.* , Consolidated Appropriations Resolution, Fiscal Year 2003, Pub. L. 108-7, 117 Stat. 11, approved February 20, 2003. Section B. Limited Denial of Participation Subject to the excepted authority in Section C (4), the Assistant Secretary redelegates to Directors and Deputy Directors of CPD in HUD Field Offices the authority to order a limited denial of participation sanction pursuant to HUD regulations at 24 CFR 24, subpart J with respect to the programs and matters listed in Section A; provided that the General Counsel, or such other official as may be designated by the General Counsel, must:

(1)Concur in any proposed sanction under part 24 before it is issued, and

(2)concur in any proposed settlement of a sanction under part 24. Section C. General Authority Excepted The authority redelegated under Section A does not include:

(1)The authority to issue or waive regulations;

(2)The authority to sue and be sued;

(3)The authority to effect remedies for noncompliance requiring notice and an opportunity for an administrative hearing; or

(4)Any authority not delegated to the Assistant Secretary for CPD under the Consolidated Delegation of Authority for Community Planning and Development (September 16, 2003, 68 FR 54238). Section D. Authority to Further Redelegate The authority redelegated in Sections A and B may not be further redelegated. Section E. Redelegations Superseded All previous redelegated authorities to Directors and Deputy Directors of Community Planning and Development in HUD Field Offices that are inconsistent with this Redelegation of Authority are hereby superseded, or superseded in part, including, but not limited to, the following:

(1)Redelegation of Authority from the Assistant Secretary for Community Planning and Development to the Field Offices, 59 FR 18280 (April 15, 1994), as amended by Paragraph 6, Delegation and Redelegation of Authority; Correction, 59 FR 24451 (May 11, 1994).

(2)Amendments to the Redelegation of Authority from the Assistant Secretary for Community Planning and Development to the Field Offices, 60 FR 30312 (June 8, 1995). Section F. Continuation in Effect of Other Redelegations Other redelegations of authority by the Assistant Secretary for Community Planning and Development, including his or her predecessors, with respect to any of the programs covered by this Redelegation of Authority which

(1)are in effect as of the effective date of this document and

(2)are consistent with this Redelegation of Authority are continued in effect unless and until expressly modified or revoked by a delegation or redelegation of authority issued hereafter. Section G. Actions Ratified The Assistant Secretary hereby ratifies all actions previously taken by the Directors and Deputy Directors of CPD in HUD Field Offices, from September 9, 2003, through the effective date of this document by the Secretary, with respect to the programs and matters listed in Section A and orders of limited denial of participation issued in accordance with Section B. Authority: Section 7(d), Department of Housing and Urban Development Act, 42 U.S.C. 3535(d). Dated: *March 27, 2006.* Pamela H. Patenaude, Assistant Secretary for Community Planning and Development. [FR Doc. E6-6247 Filed 4-25-06; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Minerals Management Service Agency Information Collection Activities: Submitted for Office of Management and Budget

(OMB)Review; Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of a revision of a currently approved information collection (OMB Control Number 1010-0103). SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request

(ICR)to renew approval of the paperwork requirements in the regulations under 30 CFR part 202—Royalties and part 206—Product Valuation. This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. The title of this ICR is “30 CFR part 202—Royalties, subpart C—Federal and Indian Oil, and subpart J—Gas Production From Indian Leases; and part 206—Product Valuation, subpart B—Indian Oil, and subpart E—Indian Gas.” The title reflects the previous consolidation of portions of six ICRs relating to Indian oil and gas leases. The six ICRs were previously titled: • 1010-0061: 30 CFR part 206, subpart B—Indian Oil, § 206.55—Determination of Transportation Allowances (Form MMS-4110, Oil Transportation Allowance Report). • 1010-0075: 30 CFR part 206, subpart E—Indian Gas, § 206.178—How do I determine a transportation allowance? (Form MMS-4295, Gas Transportation Allowance Report), and § 206.180—How do I determine an actual processing allowance? (Form MMS-4109, Gas Processing Allowance Summary Report). • 1010-0095: 30 CFR part 206—Product Valuation, Subpart B—Indian Oil, § 206.54; subpart C—Federal Oil, § 206.109; subpart D—Federal Gas, §§ 206.156 and 206.158; and Subpart E—Indian Gas, § 206.177 (Form MMS-4393, Request to Exceed Regulatory Allowance Limitation). Note: ICR 1010-0095 (discontinued May 25, 2005) referenced both Indian and Federal citations. Indian citations now are referenced in 1010-0103, and Federal citations are referenced in 1010-0136; each ICR uses Form MMS-4393. However, the form resides in ICR 1010-0136 where most of the burden hours are incurred. • 1010-0103: 30 CFR part 206, subpart E—Indian Gas (Form MMS-4411, Safety Net Report). • 1010-0104: 30 CFR part 206, subpart E—Indian Gas, §§ 206.172, 206.173, and 206.176 (Form MMS-4410, Accounting for Comparison [Dual Accounting]). • 1010-0138: 30 CFR part 206, subpart B, Establishing Oil Value on Royalty Due on Indian Leases. DATES: Submit written comments on or before May 26, 2006. ADDRESSES: Submit written comments by either FAX

(202)395-6566 or e-mail ( *OIRA_Docket@omb.eop.gov* ) directly to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for the Department of the Interior (OMB Control Number 1010-0103). Please also send a copy of your comments to MMS via e-mail 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. You may also mail a copy of your 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-deliver your comments, our courier address is Building 85, Room A-614, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225. FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone

(303)231-3211, FAX

(303)231-3781, e-mail *Sharron.Gebhardt@mms.gov* . You may also contact Sharron Gebhardt to obtain, at no cost, copies of

(1)the ICR,

(2)any associated forms, and

(3)regulations that require the subject collection of information sent to OMB. SUPPLEMENTARY INFORMATION: *Title:* 30 CFR part 202—Royalties, subpart C—Federal and Indian Oil, and subpart J—Gas Production From Indian Leases; and part 206—Product Valuation, subpart B—Indian Oil, and subpart E—Indian Gas. *OMB Control Number:* 1010-0103. *Bureau Form Number:* Forms MMS-4109, MMS-4110, MMS-4295, MMS-4410, and MMS-4411. Form MMS-4393 is used with this ICR (Indian oil and gas) and also with ICR 1010-0136 (Federal oil and gas) where the form resides. *Abstract:* The Secretary of the U.S. Department of the Interior under the Mineral Leasing Act (30 U.S.C. 1923) and the Outer Continental Shelf Lands Act (43 U.S.C. 1353) is responsible for matters relevant to mineral resource development on Federal and Indian lands and the Outer Continental Shelf

(OCS)including managing the production of minerals from Federal and Indian lands and the OCS, collecting royalties from lessees who produce minerals, and distributing the funds collected in accordance with applicable laws. The Secretary 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. Applicable Citations Applicable citations of the laws pertaining to mineral leases on Indian lands include 25 U.S.C. 396d (Chapter 12—Lease, Sale or Surrender of Allotted or Unallotted Lands); 25 U.S.C. 2103 (Indian Mineral Development Act of 1982); and Public Law 97-451—Jan. 12, 1983 (Federal Oil and Gas Royalty Management Act of 1982 [FOGRMA]). The CFR citations we are covering in this ICR are 30 CFR part 202, subpart J, and part 206, subparts B and E. Public laws pertaining to mineral royalties are located on our website at *http://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm.* Background 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 MMS collects includes data necessary to ensure that royalties are accurately valued and appropriately paid or distributed. Regulations at 30 CFR part 202, subparts C and J, and part 206, subparts B and E, govern the valuation of oil and gas produced from leases on Indian lands. Indian tribes and individual Indian mineral owners receive all royalties generated from their lands. Determining product valuation is essential to ensure that Indian tribes and individual Indian mineral owners receive payment on the full value of the minerals removed from their lands. Tribal representatives have expressed their concern that the Secretary continue to fulfill all trust and fiduciary duties and ensure that the correct royalty is received from Indian lands. Failure to collect the data described in this information collection could result in the undervaluation of leased minerals on Indian lands. The data collected and associated forms are necessary to perform the MMS regulatory functions and are discussed in detail below. All data reported is subject to subsequent audit and adjustment. Indian Oil Regulations at 30 CFR part 206, subpart B, which govern the valuation for royalty purposes of oil produced from Indian oil and gas leases (tribal and allotted), must be consistent with mineral leasing laws, other applicable laws, and lease terms. Regulations at § 206.52 explain how lessees must determine the value of oil produced from Indian oil and gas leases. Generally, the regulations provide that lessees determine the value of oil based on:

(1)The gross proceeds under an arm's-length contract,

(2)a series of benchmarks under a non-arm's-length contract, or

(3)major portion analysis. These oil valuation methods are eligible for applicable transportation allowances. Form MMS-4110, Oil Transportation Allowance Report Under certain circumstances, the regulations authorize lessees to deduct from royalty payments the reasonable actual costs of transporting the royalty portion of produced minerals from the lease to a sales point not in the immediate lease area. The regulations establish a limit on transportation allowances for oil at 50 percent of the value of the oil at the point of sale. From information collected on Form MMS-4110:

(1)MMS verifies transportation allowances during the product valuation verification to determine if the lessee reported and paid the proper royalty amount; and

(2)MMS and tribal personnel evaluate whether the transportation allowances reported and claimed by lessees are within regulatory allowance limitations. Form MMS-4110 is used for both arm's-length and non-arm's-length contracts. To receive an oil transportation allowance, lessees must submit Form MMS-4110 before or in the same month that they report the transportation allowance on Form MMS-2014, Report of Sales and Royalty Remittance (OMB Control Number 1010-0140, expiration date October 31, 2006). After the initial reporting period and for succeeding reporting periods, lessees must submit page one of Form MMS-4110 (and Schedule 1) within 3 months after the end of the calendar year, or after the applicable contract or rate terminates or is modified or amended, whichever is earlier, unless MMS approves a longer period. Completed Form MMS-4110 and supporting schedules summarize actual operating, maintenance, and overhead costs, as well as depreciation and undepreciated capital investment costs. Indian Gas Regulations at 30 CFR part 206, subpart E, govern the valuation for royalty purposes of natural gas produced from Indian oil and gas leases. The regulations apply to all gas production from Indian oil and gas leases (tribal and allotted), except leases on the Osage Indian Reservation. Form MMS-4411, Safety Net Report The safety net calculation establishes the minimum value, for royalty purposes, of natural gas production from Indian oil and gas leases. This reporting requirement ensures that Indian lessors receive all royalties due and aids MMS compliance efforts. The regulations require lessees to submit Form MMS-4411 when gas production from an Indian oil or gas lease is sold beyond the first index pricing point. The lessee submits safety net prices, for the previous calendar year, to MMS annually (by June 30) using this form. Form MMS-4410, Accounting for Comparison [Dual Accounting] Most Indian leases contain the requirement to perform accounting for comparison (dual accounting) for gas produced from the lease. Lessees must elect to perform actual dual accounting as defined in 30 CFR 206.176 or alternative dual accounting as defined in 30 CFR 206.173. According to 30 CFR 206.176, dual accounting is defined as the greater of the following two values:

(1)The value of gas prior to processing, less any applicable allowances, or

(2)The combined value of residue gas and gas plant products resulting from processing the gas, less any applicable allowances, plus any drip condensate associated with the processed gas recovered downstream of the point of royalty settlement, without resorting to processing, less applicable allowances. Lessees use Form MMS-4410 to certify that dual accounting is not required on an Indian lease or to make an election for actual or alternative dual accounting for Indian leases. Form MMS-4410 (Part A), Certification for Not Performing Dual Accounting, requires lessees to identify the MMS-designated areas where the leases are located and provide specific justification for not performing dual accounting. Part A is a one-time notification, until any changes occur in gas disposition. Part A lists the following acceptable reasons for not performing dual accounting:

(1)The lease terms do not require dual accounting;

(2)none of the gas from the lease is ever processed;

(3)gas has a Btu content of 1,000 Btu's per cubic foot or less at the lease's facility measurement point(s);

(4)none of the gas from the lease is processed until after gas flows into a pipeline with an index located in an index zone; and

(5)none of the gas from the lease is processed until after gas flows into a mainline pipeline not located in an index zone. Form MMS-4410 (Part B), Election to Perform Actual Dual Accounting or Alternative Dual Accounting, allows MMS to collect the lessee's elections to perform actual dual accounting or alternative dual accounting. A lessee makes an election by checking either the actual or alternative dual accounting box for each MMS-designated area where its leases are located. Part B also includes the lessee's lease prefixes within each MMS-designated area to assist lessees in making the appropriate election. The election to perform actual or alternative dual accounting applies to all of a lessee's Indian leases in each MMS-designated area. The first election to use the alternative dual accounting is effective from the time of election through the end of the following calendar year. Thereafter, each election to use the alternative dual accounting methodology must remain in effect for 2 calendar years. However, lessees may return to the actual dual accounting methodology only at the beginning of the next election period or with written approval from MMS and the tribal lessors for tribal leases, and from MMS for Indian allotted leases in the MMS-designated area (30 CFR 206.173(a)). Form MMS-4295, Gas Transportation Allowance Report Under certain circumstances, the regulations authorize lessees to deduct from royalty payments the reasonable actual costs of transporting the royalty portion of produced minerals from the lease to a processing or sales point not in the immediate lease area. The regulations establish a limit on transportation allowance deductions for gas at 50 percent of the value of the gas at the point of sale. The MMS and tribal personnel use the information collected on Form MMS-4295 to evaluate whether the non-arm's-length or no contract transportation allowances reported and claimed by lessees are reasonable, actual costs and are within regulatory allowance limitations. To take a non-arm's-length or no contract transportation deduction, a lessee must submit Form MMS-4295 within 3 months after the end of the 12-month period to which the allowance applies. Form MMS-4109, Gas Processing Allowance Summary Report When gas is processed for the recovery of gas plant products, lessees may claim a processing allowance. The regulations establish a limit of 66 2/3 percent of the value of each gas plant product as an allowable gas processing deduction. The MMS normally accepts the cost as stated in the lessee's arm's-length processing contract as being representative of the cost of the processing allowance. In those instances where gas is being processed through a lessee-owned plant, the lessee must base processing costs on the actual plant operating and maintenance expenses, depreciation, and a reasonable return on investment. The allowance is expressed as a cost per unit of individual gas plant products. Lessees may take processing allowances as a deduction from royalty payments. The MMS and tribal personnel use the information collected on Form MMS-4109 to evaluate whether the non-arm's-length or no contract processing allowances reported and claimed by lessees are reasonable, actual costs and are within regulatory allowance limitations. To take a non-arm's-length or no contract processing deduction, lessees must submit Form MMS-4109 within 3 months after the end of the 12-month period to which the allowance applies. Indian Oil and Gas Form MMS-4393, Request to Exceed Regulatory Allowance Limitation Form MMS-4393 is used for both Federal and Indian leases. Most of the burden hours are incurred on Federal leases; therefore, the form and all the burden hours are approved under ICR 1010-0136. However, we included a discussion of the form in this ICR as well. Upon proper application from the lessee, MMS may approve an oil or gas transportation allowance in excess of 50 percent (Federal or Indian) or a gas processing allowance in excess of 66 2/3 percent (Federal only). To request permission to exceed a regulatory allowance limit, lessees must submit a letter to MMS explaining why a higher allowance limit is necessary and provide supporting documentation, including a completed Form MMS-4393. This form provides MMS with the data necessary to make a decision whether to approve or deny the request and track deductions on royalty reports. Summary 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 to Indian tribes and individual Indian mineral owners. Proprietary information submitted to MMS under this collection is protected, and no items of a sensitive nature are collected. In some cases the requirement to respond is mandatory, such as reporting royalty values or declaring the type of dual accounting election the lessee chooses to perform. In other cases, it is voluntary, such as asking permission to exceed a transportation allowance limit. For example, a lessee can request, but is not required to apply for, a transportation allowance deduction in excess of the regulatory limits. However, if no request is made, the transportation limitation is set by regulation. *Frequency of Response:* Annually and on occasion. *Estimated Number and Description of Respondents:* 123 Indian lessees. *Estimated Annual Reporting and Recordkeeping “Hour” Burden:* 1,276 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 Reporting and recordkeeping requirement Hour burden Average number of annual responses Annual burden hours 202—ROYALTIES Subpart C—Federal and Indian Oil 202.101 Standards for reporting and paying royalties Oil volumes are to be reported in barrels of clean oil of 42 standard U.S. gallons (231 cubic inches each) at 60 °F * * * Burden covered under OMB Control Number 1010-0140 (expires 10/31/2006). Burden covered under § 210.52. Subpart J—Gas Production From Indian Leases 202.551

(b)How do I determine the volume of production for which I must pay royalty if my lease is not in an approved Federal unit or communitization agreement (AFA)?

(b)You and all other persons paying royalties on the lease must report and pay royalties based on your takes * * * Burden covered under OMB Control Number 1010-0140 (expires 10/31/2006). Burden covered under § 210.52. 202.551

(c)How do I determine the volume of production for which I must pay royalty if my lease is not in an approved Federal unit or communitization agreement (AFA)?

(c)You and all other persons paying royalties on the lease may ask MMS for permission * * * 1 1 1 202.558

(a)and

(b)What standards do I use to report and pay royalties on gas?

(a)You must report gas volumes as follows: * * *

(b)You must report residue gas and gas plant product volumes as follows: * * * Burden covered under OMB Control Number 1010-0140 (expires 10/31/2006). Burden covered under § 210.52. 206—PRODUCT VALUATION Subpart B—Indian Oil 206.52 (b)(1)(i) and (iii), (b)(2), and

(d)Valuation standards (b)(1)(i) * * * The lessee shall have the burden of demonstrating that its contract is arm's-length * * *

(iii)* * * When MMS determines that the value may be unreasonable, MMS will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's value * * * (b)(2) MMS may require a lessee to certify that its arm's-length contract provisions include all of the consideration to be paid by the buyer, either directly or indirectly, for the oil

(d)Any Indian lessee will make available, upon request to the authorized MMS or Indian representatives, to the Office of the Inspector General of the Department of the Interior, or other persons authorized to receive such information, arm's-length sales and volume data for like-quality production sold, purchased, or otherwise obtained by the lessee from the field or area or from nearby fields or areas PRODUCE RECORDS—The Office of Regulatory Affairs

(ORA)determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 206.52 (e)(1) Valuation standards (e)(1) Where the value is determined under paragraph

(c)of this section, the lessee shall retain all data relevant to the determination of royalty value * * * Burden covered under OMB Control Number 1010-0140 (expires 10/31/2006). 206.52 (e)(2) Valuation standards (e)(2) A lessee shall notify MMS if it has determined value under paragraph (c)(4) or (c)(5) of this section * * * The letter shall identify the valuation method to be used and contain a brief description of the procedure to be followed * * * 20 1 20 206.52

(g)Valuation standards

(g)The lessee may request a value determination from MMS * * * The lessee shall submit all available data relevant to its proposal * * * 40 1 40 206.54 (b)(2) Transportation allowances—general (b)(2) Upon request of a lessee, MMS may approve a transportation allowance deduction in excess of the limitation prescribed by paragraph (b)(1) of this section * * * An application for exception (using Form MMS-4393, Request to Exceed Regulatory Allowance Limitation) shall contain all relevant and supporting documentation necessary for MMS to make a determination * * * Burden covered under OMB Control Number 1010-0136 (expires 05/31/2006). 206.55 (a)(1)(i) Determination of transportation allowances

(a)Arm's-length transportation contracts. (1)(i) * * * Before any deduction may be taken, the lessee must submit a completed page one of Form MMS-4110 (and Schedule 1), Oil Transportation Allowance Report * * * Burden covered under § 206.55(c)(1)(i) and (iii). 206.55 (a)(2)(i) Determination of transportation allowances

(a)Arm's-length transportation contracts. (2)(i) * * * Except as provided in this paragraph, no allowance may be taken for the costs of transporting lease production which is not royalty-bearing without MMS approval Burden covered under § 206.55(a)(3). 206.55 (a)(2)(ii) Determination of transportation allowances

(a)Arm's-length transportation contracts. (2)(ii) Notwithstanding the requirements of paragraph (i), the lessee may propose to MMS a cost allocation method on the basis of the values of the products transported * * * 20 1 20 206.55 (a)(3) Determination of transportation allowances

(a)Arm's-length transportation contracts.

(3)If an arm's-length transportation contract includes both gaseous and liquid products, and the transportation costs attributable to each product cannot be determined from the contract, the lessee shall propose an allocation procedure to MMS * * * The lessee shall submit all available data to support its proposal * * * 40 1 40 206.55 (b)(1) Determination of transportation allowances

(b)Non-arm's-length or no contract.

(1)* * * A transportation allowance may be claimed retroactively for a period of not more than 3 months prior to the first day of the month that Form MMS-4110 is filed with MMS, unless MMS approves a longer period upon a showing of good cause by the lessee * * * Burden covered under § 206.55(c)(2)(i), and (c)(2)(iii). 206.55 (b)(1) Determination of transportation allowances

(b)Non-arm's-length or no contract.

(1)* * * When necessary or appropriate, MMS may direct a lessee to modify its actual transportation allowance deduction. Burden covered under OMB Control Number 1010-0140 (expires 10/31/2006). Burden covered under § 210.52. 206.55 (b)(2)(iv) Determination of transportation allowances

(b)Non-arm's-length or no contract. (2)(iv) * * * After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without approval of MMS 20 1 20 206.55 (b)(2)(iv)(A) Determination of transportation allowances

(b)Non-arm's-length or no contract. (2)(iv)(A) * * * After an election is made, the lessee may not change methods without MMS approval * * * 20 1 20 206.55 (b)(3)(i) Determination of transportation allowances

(b)Non-arm's-length or no contract. (3)(i) * * * Except as provided in this paragraph, the lessee may not take an allowance for transporting lease production which is not royalty bearing without MMS approval 40 1 40 206.55 (b)(3)(ii) Determination of transportation allowances

(b)Non-arm's-length or no contract. (3)(ii) Notwithstanding the requirements of paragraph (i), the lessee may propose to MMS a cost allocation method on the basis of the values of the products transported * * * 20 1 20 206.55 (b)(4) Determination of transportation allowances

(b)Non-arm's-length or no contract.

(4)Where both gaseous and liquid products are transported through the same transportation system, the lessee shall propose a cost allocation procedure to MMS * * * The lessee shall submit all available data to support its proposal. * * * 20 1 20 206.55 (b)(5) Determination of transportation allowances

(b)Non-arm's-length or no contract.

(5)A lessee may apply to MMS for an exception from the requirement that it compute actual costs in accordance with paragraphs (b)(1) through (b)(4) of this section * * * 20 1 20 206.55 (c)(1)(i) Determination of transportation allowances

(c)Reporting requirements.

(1)Arm's-length contracts.

(i)With the exception of those transportation allowances specified in paragraphs (c)(1)(v) and (c)(1)(vi) of this section, the lessee shall submit page one of the initial Form MMS-4110 (and Schedule 1), Oil Transportation Allowance Report, prior to, or at the same time as, the transportation allowance determined under an arm's-length contract, is reported on Form MMS-2014, Report of Sales and Royalty Remittance * * * 4 3 12 206.55 (c)(1)(iii) Determination of transportation allowances

(c)Reporting requirements.

(1)Arm's-length contracts.

(iii)After the initial reporting period and for succeeding reporting periods, lessees must submit page one of Form MMS-4110 (and Schedule 1) within 3 months after the end of the calendar year, or after the applicable contract or rate terminates or is modified or amended, whichever is earlier, unless MMS approves a longer period (during which period the lessee shall continue to use the allowance from the previous reporting period) 4 3 12 206.55 (c)(1)(iv) Determination of transportation allowances

(c)Reporting requirements.

(1)Arm's-length contracts.

(iv)MMS may require that a lessee submit arm's-length transportation contracts, production agreements, operating agreements, and related documents. Documents shall be submitted within a reasonable time, as determined by MMS PRODUCE RECORDS—The ORA determined that the audit process is not covered by the PRA because MMS staff asks non-standard questions to resolve exceptions. 206.55 (c)(2)(i) Determination of transportation allowances

(c)Reporting requirements.