30 C.F.R. Subpart A—General Provisions


Title 30 - Mineral Resources


Title 30: Mineral Resources
PART 210—FORMS AND REPORTS

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Subpart A—General Provisions

§ 210.10   Information collection.

(a) Forms—This section identifies required MMS Minerals Revenue Management forms for reporting sales and royalties, production information, claiming a processing or transportation allowance, or claiming a reward for providing original information. The information collection requirements associated with the forms identified in this section have been approved by OMB under 44 U.S.C. 3501 et seq. The forms, filing dates, and approved OMB clearance numbers are summarized below:

 ------------------------------------------------------------------------               Form No., name, and filing date                  OMB No.------------------------------------------------------------------------MMS-2014_Report of Sales and Royalty Remittance_Due by the     1010-0022 end of first month following production month for royalty payment and for rentals no later than anniversary date of the lease..................................................MMS-3160_Monthly Report of Operations_Due by the 15th day of   1010-0040 the second month following the production month............MMS-4025_Oil and Gas Payor Information Form_Due 30 days        1010-0033 after issuance of a new lease or change to an existing lease......................................................MMS-4051_Facility and Measurement Information Form and         1010-0040 Supplement_Due at the request of MMS during the initial conversion of the facility and measurement device operatorsMMS-4053_First Purchaser Report_Due at the request of MMS...   1010-0040MMS-4054_Oil and Gas Operations Report_Due by the 15th day     1010-0040 of the second month following the production month.........MMS-4055_Gas Analysis Report_Due by the 15th day of the        1010-0040 second month following the production month................MMS-4056_Gas Plant Operations Report_Due by the 15th day of    1010-0040 the second month following the production month............MMS-4058_Production Allocation Schedule Report_Due by the      1010-0040 15th day of the second month following the production monthMMS-4070_Application of the Purchase of Royalty Oil_Due        1010-0042 prior to the date of sale in accordance with the instructions in the Notice of Availability of Royalty Oil..MMS-4109_Gas Processing Allowance Summary Report_Initial       1010-0075 report due within 3 months following the last day of the month for which an allowance is first claimed, unless a longer period is approved by MMS...........................MMS-4110_Oil Transportation Allowance Report_Initial report    1010-0061 due within 3 months following the last day of the month for which an allowance is first claimed, unless a longer period is approved by MMS.........................................MMS-4280_Application for Reward for Original Information_Due   1010-0076 when a reward is claimed for information provided which may lead to the recovery of royalty or other payments owed to the United States..........................................MMS-4292_Coal Washing Allowance Report_Due prior to or at      1010-0074 the same time that the allowance is first reported on Form MMS-4430 and annually thereafter if the allowance does not change.....................................................MMS-4293_Coal Transportation Allowance Report_Due prior to     1010-0074 or at the same time that the allowance is first reported on Form MMS-4430 and annually thereafter if the allowance does not change.................................................MMS-4295_Gas Transportation Allowance Report_Initial report    1010-0075 due within 3 months following the last day of month for which an allowance is first claimed unless a longer period is approved by MMS.........................................MMS-4377_Stripper Royalty Rate Reduction Notification_Due      1010-0090 for each 12-month qualifying period that a reduced royalty rate is granted by the Bureau of Land Management...........MMS-4430_Solid Minerals Production and Royalty Report_Due by   1010-0120 the end of the month following the month of production or sale and for other lease financial obligations no later than the payment date specified in your lease..............Facility Data_Due monthly or as requested for specific solid   1010-0120 mineral products and lease types; see § 210.204.......Sales Contracts_Due semi-annually or as requested on certain   1010-0120 solid mineral products and lease types; see § 210.203.Sales Summaries_Due monthly or as requested for specific       1010-0120 solid mineral products and lease types; see § 210.202.------------------------------------------------------------------------

The information required on the forms identified in the table above is being collected by the Department of the Interior to meet its congressionally mandated accounting and auditing responsibilities relating to Federal and Indian mineral royalty management. The purpose of the forms and the estimated public reporting burden associated with each form are described in paragraph (c) of this section. With the exception of Forms MMS–4109, MMS–4110, MMS–4280, MMS–4292, MMS–4293, and MMS–4295, the forms are mandatory. Information on Forms MMS–4109, MMS–4110, MMS–4292, MMS–4293, and MMS–4295 is required to receive a benefit. Information required on Form MMS–4280 must be provided voluntarily to claim a reward. Information collected relative to production, royalties, and other payments due the Government from activities on leased Federal or Indian land is authorized by the Federal Oil and Gas Royalty Management Act of 1982, 30 U.S.C. 1701 et seq. for oil and gas production, and by 30 U.S.C. 189, 30 U.S.C. 359, and 30 U.S.C. 396d for solid mineral production.

(b) MMS mailing addresses—This paragraph identifies the MMS address(es) to be used for requesting forms and/or for mailing completed forms to MMS.

(1) Requests for Forms MMS–2014 or MMS–4070 should be addressed to the Minerals Management Service, Minerals Revenue Management, P.O. Box 5760, Denver, Colorado 80217–5760. The completed Form MMS–2014 should be mailed to the Minerals Management Service, Minerals Revenue Management, P.O. Box 5810, Denver, Colorado 80217–5810. The address to which a completed Form MMS–4070 should be mailed will be identified in a Federal Register Notice of Availability of Royalty Oil. (See 30 CFR 208.5.)

(2) Requests for Forms MMS–4025 should be addressed to the Minerals Management Service, Minerals Revenue Management, P.O. Box 5760, Denver, Colorado 80217–5760. The completed forms should be mailed to the same address.

(3) Requests for Forms MMS–3160, MMS–4051, MMS–4052, MMS–4053, MMS–4054, MMS–4055, MMS–4056, MMS–4057, MMS–4058, or MMS–4061 should be addressed to the Minerals Management Service, Minerals Revenue Management, P.O. Box 17110, Denver, Colorado 80217–0110. The completed forms should be mailed to the same address.

(4) Requests for processing or transportation allowance forms (Forms MMS–4109, MMS–4110, MMS–4292, MMS–4293, or MMS–4295) should be addressed to the Minerals Management Service, Minerals Revenue Management, P.O. Box 25165, Denver, Colorado 80225–0165. The completed allowance forms should be mailed to the Minerals Management Service, Minerals Revenue Management, P.O. Box 5200, Denver, Colorado 80217–5200.

(5) Requests for Form MMS–4280 should be addressed to the Minerals Management Service, Minerals Revenue Management, P.O. Box 25165, Denver, Colorado 80225–0165. The completed form should be mailed to the same address. (See 30 CFR 218.57(b)).

(6) If you are not reporting Form MMS–4430 electronically, you may request blank copies of the form by calling 1–888–201–6416. You must submit completed Forms MMS–4430 to the address given in §210.201(c).

(7) If you are not reporting solid minerals sales contracts, sales summaries, and facility data electronically, you must submit paper copies to the address given in §210.202(c).

(8) Reports for oil, gas, and geothermal leases sent by special courier or overnight mail (excluding U.S. Postal Service Express Mail) should be addressed to: Minerals Management Service, Minerals Revenue Management, Building 85, Room A–614, Denver Federal Center, Denver, Colorado 80225.

(c) Purpose of forms and estimated public reporting burden—This paragraph describes the purpose of the information being collected and the estimated public reporting burden associated with the OMB approved forms identified in paragraph (a) of this section.

(1) MMS–2014—Used monthly to report lease-related transactions essential for royalty management to determine the correct royalty amount due, reconcile or audit data, and distribute payments to appropriate accounts. Public reporting burden for paper submission is estimated to average 7 minutes to complete each line item on the form, including the time necessary to assemble data, calculate value and royalty, and enter data on the form. Companies reporting electronically may average 2 minutes to complete each line item on the form. Comments submitted relative to this information collection should reference the information collection titled Report of Sales and Royalty Remittance, OMB Control Number 1010–0022.

(2) MMS–3160—Used by onshore oil and gas lease operators to report monthly oil and gas production to MMS. Public reporting burden for paper submission is estimated to average 15 minutes per form, including the time necessary to assemble data, ensure that production and disposition numbers are accurate, and enter data on the form. Companies reporting electronically may average 7.5 minutes per month to complete the form. Comments submitted relative to this information collection should reference the information collection titled PAAS Oil and Gas Reports, OMB Control Number 1010–0040.

(3) MMS–4025—This form is used to establish a data base of payor accounts for oil and gas leases on Federal or Indian lands, reporting changes in payor accounts, and notifying MMS of the products on which royalties will be paid. Public reporting burden is estimated to average 30 minutes per form, including time spent reading instructions, completing, and mailing the form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0033.

(4) MMS–4051—Used to establish a reference data base identifying the facilities where oil and gas production is stored or processed and the metering points where production is measured for sale or transfer. Public reporting burden is estimated to average 30 minutes per form for facility operators to review and update the data base. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0040.

(5) MMS–4053—Designed as an audit tool to be used to confirm sales data. Public reporting burden is estimated to average 30 minutes per form, including time spent reading instructions, completing, and mailing the form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0040.

(6) MMS–4054—This three-part form identifies all oil and gas lease production from Federal and Indian lands. MMS uses information from this form to track oil and gas from the point of production to the point of first sale or other disposition. Respondents will generally not use all three parts of the form. Public reporting burden for paper submission is estimated to average 30 minutes per month, including the time necessary to assemble data, ensure that production and disposition numbers are accurate, and enter data on the form. Companies reporting electronically may average 15 minutes per month to complete the form. Comments submitted relative to this information collection should reference the information collection titled PAAS Oil and Gas Reports, OMB Control Number 1010–0040.

(7) MMS–4055—This report identifies the separate components of natural gas production. It is submitted quarterly or semiannually by lease operators when gas production is processed before royalty value has been determined. Public reporting burden is estimated to average 15 minutes per form including time required gathering data, completing, and mailing the form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0040.

(8) MMS–4056—Submitted monthly by gas plant operators to identify components and disposition of natural gas from Federal and Indian leases. Public reporting burden is estimated to average 30 minutes per form, including time required gathering data, completing, and mailing the form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0040.

(9) MMS–4058—Submitted monthly by operators of the facilities and measurement points where production from a Federal or Indian lease is commingled with production from other sources before it is measured for royalty determination. The data reported is used to determine whether sales reported by lessees are reasonable. Public reporting burden is estimated to average 15 minutes per form, including time required gathering data, completing, and mailing the form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0040.

(10) MMS–4070—After publication in the Federal Register of a Notice of Availability of Royalty Oil, refiners interested in the purchase of royalty oil should submit their applications using this form. The information collected is used by MMS to determine if the applicant meets eligibility requirements to contract to purchase the oil. Public reporting burden is estimated to average 1 hour per form, including time required gathering data, completing, and mailing the form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0042.

(11) MMS–4109—Used to claim an allowance for the reasonable, actual costs of removing hydrocarbon and nonhydrocarbon elements or compounds from the gas streams. Public reporting burden varies depending on the type of contract involved. Under an arm's-length contract, burden is estimated to average 1 hour for the submission of page 1 and schedule 1 of the form requiring the lessee's name and address, payor code, plant name, accounting identification number, product code, and selling arrangement. Nonarm's-length contract claims require completion of all pages of the form including calculations of allowable operating and maintenance costs, overhead, depreciation, and return on undepreciated capital investment. Public reporting burden is estimated to average 10 hours to complete the entire form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0075.

(12) MMS–4110—Used to claim an allowance for expenses incurred by a lessee in transporting oil from the lease site to a point remote from the lease where value is determined. Public reporting burden varies depending on the type of contract involved. Under an arm's-length contract, burden is estimated to average 2 hours for the submission of page 1 and schedule 1 of the form requiring the lessee's name and address, payor code, accounting identification number, product code, and selling arrangement. Nonarm's-length contract claims require completion of all pages of the form including calculations of allowable operating and maintenance costs, overhead, depreciation, and return on undepreciated capital investment. Public reporting burden is estimated to average 5 hours to complete the entire form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0061.

(13) MMS–4280—This form is used to claim a reward for information leading to the recovery of payments owed to the United States from oil and gas leases on Federal land or the Outer Continental Shelf. Claimants must provide name, address, Social Security number, and a brief description of the violation being reported. Public reporting burden is estimated to average 30 minutes to complete this form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0076.

(14) MMS–4292—This form is used to claim an allowance for the reasonable, actual costs incurred to wash coal. Public reporting burden varies depending on the type of contract involved. Under an arm's-length contract, burden is estimated to average 1 hour for the submission of page 1 of the form requiring the lessee's name and address, payor code, accounting identification number, product code, and selling arrangement. Nonarm's-length contract claims require completion of all pages of the form including calculations of allowable operating and maintenance costs, overhead, depreciation, and return on undepreciated capital investment. Public reporting burden is estimated to average 40 hours to complete the entire form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0074.

(15) MMS–4293—Used to claim an allowance for the reasonable, actual costs of transporting coal to a sales point or a washing facility remote from the mine or lease. Public reporting burden varies depending on the type of contract involved. Under an arm's-length contract, burden is estimated to average 1 hour for the submission of page 1 of the form requiring the lessee's name and address, payor code, accounting identification number, product code, and selling arrangement. Nonarm's-length contract claims require completion of all pages of the form including calculations of allowable operating and maintenance costs, overhead, depreciation, and return on undepreciated capital investment. Public reporting burden is estimated to average 40 hours to complete the entire form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0074.

(16) MMS–4295—This form is used to claim an allowance for the reasonable, actual costs of transporting gas from the lease to the point of first sale. Public reporting burden varies depending on the type of contract involved. Under an arm's-length contract, burden is estimated to average 1 hour for the submission of page 1 and schedule 1 of the form requiring the lessee's name and address, payor code, accounting identification number, product code, and selling arrangement. Nonarm's-length contract claims require completion of all pages of the form including calculations of allowable operating and maintenance costs, overhead, depreciation, and return on undepreciated capital investment. Public reporting burden is estimated to average 3 hours to complete the entire form. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0075.

(17) MMS–4377—This form must be submitted by operators of stripper oil properties to notify MMS of reduced royalty rates granted by the Bureau of Land Management under 43 CFR 3103.4–1 for each 12-month qualifying period. Reporting burden is estimated to require an average of 30 minutes per form to supply the operator name, lease and agreement numbers, calculated and current royalty rate, and the period covered. Comments submitted relative to this information collection should reference Paperwork Reduction Project 1010–0090.

(18) MMS–4430—Submitted monthly to report production from and royalty due on all Federal and Indian solid minerals leases (see §210.201). MMS uses the data to distribute payments to appropriate recipients and to determine if lessees properly paid lease obligations. Public reporting burden is estimated to be 20 minutes per month per reporter. Comments relating to this information collection should reference OMB Control Number 1010–0120.

(19) Facility data—Submitted monthly by operators of wash plant, refining, ore concentration, or other processing facilities for specific solid minerals produced from specific Federal and Indian lease types or when otherwise requested by MMS (see §210.204). MMS uses the data to assure that Federal or Indian lease processed production (the output of process plants) is consistent with the input of raw production. Public reporting burden is estimated to be approximately 15 minutes per reporter per month to compile in-house formatted information and submit that information electronically. Comments relating to this information collection should reference OMB Control Number 1010–0120.

(20) Sales contracts—Submitted semi-annually by producers of specific solid mineral products on specific Federal and Indian lease types or when otherwise requested by MMS (see §210.203). MMS uses contracts, agreements and contract amendments for compliance purposes including, but not limited to, identifying valuation issues and establishing selling arrangement relationships. Public reporting burden is estimated to be 2 hours per reporter per year to compile and submit contracts and contract amendments. Comments relating to this information collection should reference OMB Control Number 1010–0120.

(21) Sales summaries—Submitted monthly by producers of specific solid minerals from specific Federal and Indian lease types or when otherwise requested by MMS (see §210.202). The MMS uses these data for compliance purposes including, but not limited to, assuring that sales volumes and values are properly attributed or allocated to Federal or Indian leases. Public reporting burden is estimated to be 15 minutes per month for each reporter to compile in-house formatted sales information and submit that information electronically. Comments relating to this information collection should reference OMB Control Number 1010–0120.

(d) Comments on burden estimates. Send comments on the accuracy of this burden estimate or suggestions on reducing this burden to the Minerals Management Service, Attention: Information Collection Clearance Officer, (OMB Control Number 1010–0120 (insert appropriate OMB Control Number), Mail Stop 4230, 1849 C Street, NW., Washington, DC 20240. 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.

[57 FR 41864, Sept. 14, 1992, as amended at 64 FR 38122, July 15, 1999; 66 FR 45769, Aug. 30, 2001]

§ 210.20   When is electronic reporting required?

(a) You must submit Forms MMS–2014 and MMS–4054 to MMS electronically. You must begin reporting electronically according to the following timetable unless you qualify for the exceptions to electronic reporting listed in §210.22:

 ------------------------------------------------------------------------                                             Then, you must submit that   If you report the following number of         form electronically lines each month on a required form . . .         beginning . . .------------------------------------------------------------------------(1) 6 or more.............................  November 1, 1999.(2) 4-5...................................  November 1, 2000.(3) 1-3...................................  November 1, 2001.------------------------------------------------------------------------

(b) See §218.40(c) for the definition of a royalty report line on Form MMS–2014 and §216.40(c) for the definition of a production report line on Form MMS–4054; and

(c) For purposes of this part, multiple submissions of the same form in one month equals one form.

[64 FR 38122, July 15, 1999]

§ 210.21   How do you report electronically?

(a) You may use any of the following electronic media types, unless MMS instructs you differently:

(1) Electronic Data Interchange (EDI)1 —The inter-organizational, computer-to-computer exchange of structured information in a standard, machine-processable format;

1 MMS has developed security measures, authentication procedures, and automated acknowledgments for this electronic media type.

(2) Electronic Mail (e-mail)1 —Any communication service used to electronically transmit and store messages and attach files. MMS has three electronic file options:

(i) Template—MMS-provided software that generates blank forms on a personal computer to assist companies in preparing MMS regulatory reports (this option is not available for Form MMS–4054);

(ii) Comma Separated Values (CSV)—A file format where attribute fields are separated by commas; and

(iii) American Standard Code for Information Interchange (ASCII)—A file format of fixed-length records with fixed-length attribute fields;

(3) Reporter-Prepared Diskette (31/2 inch)—A data storage medium used to transmit report data using one of the following file formats:

(i) Template;

(ii) CSV; and

(iii) ASCII;

(4) Magnetic or Cartridge Tape—A data storage medium used to transmit report data in an ASCII file format.

(b) MMS prefers that you use the media types in the order presented in paragraph (a) of this section to the extent it is cost effective and practical. As technology changes, MMS will consider other media types and the order of MMS preference may change. Refer to our electronic commerce brochure for the most current reporting options. You can receive a copy of our brochure by calling your MMS representative or by accessing our Internet site at www.rmp.mms.gov.

(c) Before you may begin reporting electronically:

(1) You must submit an electronic sample of your report for MMS approval using the MMS-supplied electronic reporting guidelines;

(2) MMS must notify you that your sample report has been approved;

(3) MMS must assign you a sender identification number and security code for any EDI transmissions; and

(4) MMS must assign you an originating address and compression software password for any e-mail transmissions.

[64 FR 38123, July 15, 1999]

§ 210.22   What are the exceptions to the electronic reporting requirements?

MMS will allow the following grace periods and exceptions to the electronic reporting requirements in §210.20:

(a) If you become a new MMS reporter after any of the dates you are required to submit electronic reports under §210.20(a), you have 3 months from the day your first report is due to begin reporting electronically;

(b) If you exceed the maximum number of lines you are allowed to report on paper under §210.20(a), you have 3 months from the last day of the month in which you exceeded the line limit to begin reporting electronically;

(c) You are not required to report electronically if you report only rent, minimum royalty, or other annual obligations on the Form MMS–2014; and

(d) You are not required to report electronically if you are a small business as defined by the U.S. Small Business Administration, and you have no computer, no resources to purchase a computer or contract with an electronic reporting service, nor access to a computer at a local library or other public facility.

[64 FR 38123, July 15, 1999]

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