2024-18278. Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Application Requirements for States and Tribes To Apply for Orphaned Well Site Plugging, Remediation, and Restoration ...

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Department of the Interior

Office of the Secretary

1. [220D2641EA; DS61800000; DEA100000.000000. DX61801; OMB Control Number 1093-0012]

AGENCY:

Office of the Secretary, Interior.

ACTION:

Notice of information collection; request for comment.

SUMMARY:

In accordance with the Paperwork Reduction Act of 1995 (PRA), the Office of the Secretary of the Interior (Interior), through the Orphaned Wells Program Office (OWPO), proposes to revise an OMB-approved information collection.

DATES:

Interested parties are invited to submit comments on or before September 16, 2024.

ADDRESSES:

Written comments for the proposed information collection should be submitted to www.reginfo.gov/​public/​do/​PRAMain. This particular information collection can be found by selecting “Currently under Review—Open for Public Comments” or by using the search function. Please provide a copy of any submitted comments to Jeffrey Parrillo, Departmental Information Collection Clearance Officer, U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240, or by email to [e-mail]. Please reference “OMB Control Number 1093-0012 Orphaned Wells Program Office” in the subject line of any comments.

FOR FURTHER INFORMATION CONTACT:

To request additional information about this proposed information collection, please contact Ron Lev, Management ( print page 66435) and Program Analyst, OWPO, by email at [e-mail], or by phone at [phone]. 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. The information request can also be viewed at www.reginfo.gov/​public/​do/​PRAMain.

SUPPLEMENTARY INFORMATION:

In accordance with the PRA and 5 CFR 1320.10, Interior is again providing the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps Interior assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand Interior's information collection requirements and provide the requested data in the desired format.

1. Prior 60-Day Public Comment Period That Ran Through July 1, 2024

A Federal Register notice was published on May 2, 2024, which solicited comments on this proposed information collection. See89 FR 35849. Interested parties were invited to submit comments on or before July 1, 2024. One Tribal Nation stated it did not have concerns with the proposed information collection. A total of 13 other parties jointly submitted comments, which are discussed immediately below.

2. Comments Submitted by the 13 Parties and Interior's Response

Public comments: The commenters recommended that the Consolidated Workplan be expanded to request more information on States' definitions of orphaned well, and processes for recouping remediation costs and redeeming financial assurances. The commenters reasoned that this is necessary because, for State and private lands, Interior did not provide a standardized definition of the term orphaned well. The commenters also stated that “This absence of a standardized definition has created opportunities for states—intentionally or otherwise—to use federal grant funds to plug wells for which there is a solvent, financially responsible party.”

Interior's Response: As part of their applications or technical reports, States generally submit the information discussed by the commenters. States are also required to maintain records that support the contents of their applications, including showing the that the actions are consistent with the State's submitted certifications concerning the use of available financial assurance to cover plugging, reclamation, and restoration costs. States are also required to maintain records that demonstrate that the uses of awarded federal funds are consistent with the BIL and other federal law and authorities.

The term orphaned well is defined in Section 40601(a)(5) of the BIL. For State or private lands, the statutory definition of orphaned wells adopts the applicable definition under state law. Interior's approach is consistent with the text of the BIL.

While Interior defers to State law as to what constitutes an orphaned well, States that use awarded federal funds to plug non-orphaned wells may be subject to negative consequences. Similarly, States failing to use available financial assurance to cover the cost of plugging, remediation, and/or reclamation may also be subject to negative consequences.

Public comments: The commenters requested that Interior collect additional information concerning costs of plugging wells, contracting processes, qualifications of contractors, and the actual well plugging practices.

Interior's Response: Interior receives relevant information concerning State law and other authorities that concern well-plugging practices. Interior requires that a State with established and documented well plugging standards and regulations require their contractors to meet those standards and regulations. For States that do not have established well plugging standards, Interior requires that the work meet or exceed the plugging standards in either 43 CFR 3172.12, for onshore wells, or 30 CFR part 250, for offshore wells. Interior also monitors awarded funds, consistent with 2 CFR part 200 and other federal law and authorities, and samples wells to verify that contractors adhered to the relevant plugging standards.

Interior intends to collect well plugging standards and procedures and reward States for strengthening those standards and procedures. Interior may also collect State program information that concerns orphaned wells, including contracting procedures, the qualification of contractors, and the costs of plugging, reclamation, and/or restoration.

Public comments: For Plugging Standards RIG applications, the commenters suggested that Interior collect additional information that concerns State documentation of plug quality and integrity. Similarly, for Program Standards RIG applications, the commenters suggested that Interior collect additional information with respect to State financial assurance requirements.

Interior's Response: Interior proposes to collect State requirements for plug quality and integrity as part of its Plugging Standards RIG program. Interior also proposes to collect information on whether a State adopts full-cost well financial assurance requirements, and information on whether a State's financial assurance requirements account for field or area risks, technical risks, financial risks, and/or aggregate risks associated with multiple-well assurance for Program Standards RIGs.

Public comments: In addition to the information discussed in the previous comments, the commenters suggest that Interior collect information that concerns State plugging and idling triggers and requirements of well transfers. The commenters also suggested additional items for the two Scoresheets.

Interior's Response: In 2021, the Interstate Oil and Gas Compact Commission (IOGCC) published Idle and Orphan Oil and Gas Wells: State and Provincial Regulatory Strategies. The 2021 IOGCC report stated that “the primary purpose of this report is to help states and provinces evaluate their idle- and orphan-well programs and identify useful regulatory tools and strategies from other jurisdictions.” The 2021 IOGCC report updated a 2019 report, which the IOGCC stated “served as a useful reference in the development of federal legislation.”

On October 20, 2023, Request for Information to Inform the Orphaned Wells Program Office's Development of Regulatory Improvement Grants Under the Bipartisan Infrastructure Law was published in the Federal Register (RFI). See88 FR 72528. A total of 20 parties submitted responses to the RFI, including the IOGCC, 13 states, 5 environmental groups, and 1 anonymous party.

Interior utilized comments it received in response to the RFI, the 2021 IOGCC report, and other IOGCC reports to develop the two RIG programs. Consequently, Interior considers the categories and subcategories under which States are evaluated as part of the two programs to be comprehensive.

Public comments: For the Consolidated Workplan, the 13 commenters supported the remaining 22 items, which are not discussed above. The commenters also supported the remaining 9 Plugging Standards RIG and ( print page 66436) 7 Program Standards RIG items that Interior proposes to collect.

Interior's Response: Interior appreciates the commenters' support of Interior's efforts to develop and administer financial assistance programs to create a legacy of environmental stewardship.

3. 30-Day Public Comment Period

As part of Interior's continuing effort to reduce paperwork and respondent burdens, it is again soliciting comments from the public and other federal agencies on the proposed information collection request that is described below. Interior is especially interested in public comment addressing the following:

(1) Whether or not the collection of information is necessary for the proper performance of the functions of the agency, including whether or not the information will have practical utility;

(2) The accuracy of Interior'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 Interior 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 submitted in response to this notice are a matter of public record. Before including any address, phone number, email address, or other personal identifying information in a comment, a commenter should be aware that the entire comment—including any personal identifying information—may be made publicly available at any time. While a commenter can request the withholding of personal identifying information from public review, Interior cannot guarantee that it will be able to do so.

Abstract: Infrastructure Investment and Jobs Act (Pub. L. 117-58) (November 15, 2021), which is also known as the Bipartisan Infrastructure Law (BIL), Section 40601, “ Orphaned well site plugging, remediation, and restoration, ” amends Section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907). Section 40601 designates Interior as the key agency responsible for implementing grant and other financial assistance programs for applicable government entities to fund plugging, remediation, and reclamation of orphaned wells and well sites located on lands covered by the BIL. The associated investments will rebuild America's critical infrastructure, tackle the climate crisis, advance environmental justice, and drive the creation of good-paying union jobs.

Interior will issue financial assistance through grant awards to State and Tribal governments under Assistance Listing (CFDA) program 15.018 Energy Community Revitalization Program (ECRP). With respect to Tribal In Lieu of Grant Assistance, OWPO will coordinate with the Bureau of Indian Affairs. The authority for the above assistance is the Infrastructure Investment and Jobs Act, Division D, Title VI, Section 40601.

The types of assistance contained in Section 40601 are as follows:

1. Initial Grants to States

2. Formula Grants to States

3. Performance Grants to States, which includes:

• Regulatory Improvement Grants to States
• Matching Grants to States

4. Grants to Tribes and Tribal In Lieu of Grant Assistance

The BIL requires Interior to collect information necessary to ensure that awarded grant and other funds authorized by this legislation are used in accordance with the BIL, Office of Management and Budget Guidance for Grants and Agreements ( i.e.,2 CFR part 200) and other applicable federal law and authorities. Interior anticipates that information will be collected by the OWPO, which has and will issue guidance concerning the above assistance programs. Interior seeks OMB approval of the proposed information collection to manage and monitor financial assistance applications and awards to ensure that States and Tribes comply with the BIL, 2 CFR part 200, and other applicable federal law and authorities.

Consolidated Workplan

Interior proposes to collect the following from all State and Tribal grant applicants, unless noted otherwise, as part of each entity's consolidated workplan:

(a) An applicant's process for determining a well has been orphaned, including what efforts will be made to redeem financial assurances or otherwise recoup remediation costs from any responsible parties;

(b) A description of an applicant's plugging standards, including the witnessing requirements ( e.g., qualifications of witness, documentation);

(c) An applicant's prioritization process for evaluating and ranking orphan wells and associated surface reclamation, including criteria, weighting, and how such prioritization will address resource and financial risk, public health and safety, potential environmental harm (including methane emissions where applicable), and other land use priorities;

(d) If no prioritization process currently exists, an applicant's description of its plans to develop and implement a prioritization process;

(e) Details of how a State applicant will identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on disadvantaged communities, low-income communities, and Tribal and indigenous communities;

(f) How applicants will identify and incorporate into their work plans health, safety, habitat, and environmental benefits of plugging, remediating, or reclamation of orphaned wells (Proposed revision);

(g) The methodology to be used by the applicant to measure and track methane and other gases associated with orphaned wells, including how the applicant will confirm the effectiveness of plugging activities in reducing or eliminating such emissions;

(h) The methodology to be used by the applicant to measure and track contamination of groundwater and surface water associated with orphaned wells, including how the applicant will confirm the effectiveness of plugging activities in reducing or eliminating such contamination;

(i) The methodology to be used to decommission or remove associated pipelines, facilities, and infrastructure and to remediate soil and restore habitat that has been degraded due to the presence of orphaned wells and associated infrastructure;

(j) Methods the applicant will use to solicit recommendations from local officials and the public regarding the prioritization of well plugging and site remediation activities, and any other processes the applicant will use to solicit feedback on the program from local officials and the public;

(k) Latitude/Longitude and all other data elements and associated units of measure as indicated in State and Tribal data reporting templates. See the Data Associated with Wells Plugged Using Federal BIL Funds portion of this proposed information collection;

(l) How the applicant will use funding to locate currently undocumented orphaned wells;

(m) Plans the applicant has to engage third parties in partnerships around well plugging and site remediation, or ( print page 66437) any existing similar partnerships the applicant currently belongs to;

(n) Training programs, registered apprenticeships, and local and economic hire agreements for workers the applicant intends to conduct or fund in well plugging or site remediation;

(o) Plans the applicant has to support opportunities for all workers, including workers underrepresented in well plugging or site remediation, to be trained and placed in good-paying jobs directly related to the project;

(p) For State applicants, plans the State applicant has to incorporate equity for underserved communities into their planning, including supporting the expansion of high-quality, good paying jobs through workforce development programs and incorporating workforce strategy into project development;

(q) Procedures the applicant will use to coordinate with federal, State, or Tribal agencies to determine whether efficiencies may exist by combining field survey, plugging, or surface remediation work across lands covered by the BIL;

(r) The applicant's authorities to enter private property, or an applicant's procedures to obtain landowner consent to enter private property, in the event that any wells to be plugged will be accessed from privately owned surface;

(s) A work schedule covering the period of performance for the grant;

(t) If applicable, a federally approved Indirect Cost Rate Agreement or statement regarding applicant's intention to negotiate or utilize the de minimis rate;

(u) How an applicant will assist Interior to ensure that activities funded by the grant it applied for will comply with relevant federal law and authorities, such as the Endangered Species Act of 1973, as amended (ESA), and the National Historic Preservation Act, as amended (NHPA) (Proposed revision);

(v) For Performance Grants, how a State applicant will place a higher priority on the use of the federal funds to lower unemployment in the State, including workforce development activities related to orphaned well plugging, remediation, and reclamation (Proposed revision); and

(w) For Performance Grants, how a State applicant will place a higher priority on the use of the federal funds to improve economic conditions in economically distressed areas of the State, provided that the use of the funds is related to orphaned well plugging, remediation, and reclamation (Proposed revision).

Regulatory Improvement Grants—State Applicants Only (Proposed Revision)

Under Section 40601(c)(5)(E)(i), a Regulatory Improvement Grant (RIG) may be awarded to an eligible State if either: (1) “The State has strengthened plugging standards and procedures designed to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment” (Plugging Standards RIG); or (2) “The State has made improvements to State programs designed to reduce future orphaned well burdens, such as financial assurance reform, alternative funding mechanisms for orphaned well programs, and reforms to programs relating to well transfer or temporary abandonment” (Program Standards RIG). In addition to a consolidated workplan, and other information required from RIG applicants that is discussed in this proposed information collection, Interior proposes to collect the following from applicants.

For Plugging Standards RIGs: Interior proposes to collect from Plugging Standards RIG applicants information pertaining to their statutes, regulations, policies, and procedures, which were implemented during the 10-year period specified in the BIL, that demonstrate the “State has strengthened plugging standards and procedures designed to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.” The list, (a) through (j), below, are examples of information Interior proposes to collect. In determining whether a “State has strengthened plugging standards and procedures,” Interior may request additional types of information.

(a) Drilling well construction, and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.

(b) Allowable well control equipment to manage actions of perforating, cutting/pulling of casing, or retrieving seal assemblies, and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.

(c) Allowable barrier types, and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.

(d) Allowable barrier placement locations, and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.

(e) Allowable barrier placement techniques, and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.

(f) Wellbore integrity and barrier verification, and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.

(g) Spacer medium between well barriers, and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.

(h) Wellbore capping requirements, and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.

(i) Plugging procedure approval requirements, plugging procedure changes, plugging operations notification requirements, post-plugging reporting requirements, alternative materials or methods, and the resulting actual or anticipated positive effects of these changes, or documentation, that demonstrate the State's intent to ensure that wells located in the State are plugged in an effective manner that ( print page 66438) protects groundwater and other natural resources, public health and safety, and the environment.

(j) Internal inspection and oversight, and long-term monitoring of plugged wells processes, and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment.

For Program Standards RIGs: Interior proposes to collect from Program Standards RIG applicants information pertaining to their statutes, regulations, policies, and procedures, which were implemented during the 10-year period specified in the BIL, that demonstrate the “State has made improvements to State programs designed to reduce future orphaned well burdens, such as financial assurance reform, alternative funding mechanisms for orphaned well programs, and reforms to programs relating to well transfer or temporary abandonment.” The list, (a) through (g), below, are examples of information Interior proposes to collect. In determining whether a “State has made improvements to State programs designed to reduce future orphaned well burdens,” Interior may request additional types of information.

(a) Liable parties, scope of liability, and state access ( e.g., non-operator liable parties, predecessor in interest liability, and state targeting of liable parties through increased or enhanced enforcement), and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to reduce future orphaned well burdens.

(b) Transfers of interest ( e.g., notice of transfer to state from transferor and transferee, state assessment of transferor and/or transferee, and transferor maintenance of assurance), and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to reduce future orphaned well burdens.

(c) Financial Assurance ( e.g., bonding adjusted for field, well, or operator risks), and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to reduce future orphaned well burdens, including considerations for idle, marginal, and producing wells.

(d) Non-assurance State financial protections and plugging incentives ( e.g., fees, taxes, penalties (including increased or enhanced enforcement), and incentives), and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to reduce future orphaned well burdens, including considerations for idle, marginal, and producing wells.

(e) Reporting and public notice of orphaned or potentially orphaned wells ( e.g., reporting mechanisms, for responsible parties, online notice of aggregate financial assurance, and online notice of marginal, orphaned, and all other wells by responsible party), and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to reduce future orphaned well burdens, including considerations for idle, marginal, and producing wells.

(f) Consideration for air, groundwater, and other natural resources, as well as public safety and environmental justice ( e.g., considerations for surface and groundwater or soil, including hazardous materials or other contamination, special considerations for oil and gas wells converted to water wells, and considerations for public safety and environmental justice), and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to reduce future orphaned well burdens, including considerations for idle, marginal, and producing wells.

(g) Orphaned-wells-related internal and external workforce development ( e.g., State internal workforce enhancements, State contracting process, and oversight of State vendors, including certificate programs), and the resulting actual or anticipated positive effects, or documentation, that demonstrate the State's intent to reduce future orphaned well burdens.

For both Plugging Standards and Program Standards Applications: For all Plugging Standards and Program Standards RIG applicants, Interior also proposes to collect the following:

Scoring Template: A list of questions related to the specific type of RIG they are applying for in a scoring template ( e.g., “Yes” or “No”). Applicants will also need to provide support for the scoring template that they submit.

Interior will use the requested information to determine grant eligibility, including eligible amount, and to ensure that program objectives are being met, evaluate the applicant's readiness to obligate grant funds, and evaluate the applicant's approach to execute grant objectives and the grant-funded work that will be monitored by Interior.

Grant Applications

Interior proposes to collect the following additional elements from applicants:

• Standard forms (SF) from the SF-424 Series: Applicants must submit the following SF-424 series of forms:

○ SF-424, Application for Federal Assistance;

○ SF-424A, Budget Information for Non-Construction Programs or SF-424C, Budget Information for Construction Programs;

○ SF-424B, Assurances for Non-Construction Programs, or SF-424D, Assurances for Construction Programs;

○ SF-428, Tangible Personal Property Report; and

○ SF-LLL, Disclosure of Lobbying Activities, when applicable.

• Indirect Cost Statement: If requesting reimbursement for indirect costs, all applicants must include in their application a statement regarding how they anticipate charging indirect costs.
• Budget Narrative and/or Template: Applicants must provide a narrative and/or template that describes and justifies, with sufficient detail, the requested budget items and costs, and provides a description of how the applicant determined its totals by cost category in their application (Proposed revision).
• Negotiated Indirect Cost Rate Agreement (NICRA): When applicable, a copy of the applicant's current federal-agency-approved Negotiated Indirect Cost Rate Agreement is required.
• Single Audit Reporting Statement: All U.S. governmental entities and non-profit applicants must submit a statement regarding their single audit reporting status.
• Conflict of Interest Disclosures: Applicants must notify the Interior in writing of any actual or potential conflicts of interest known at the time of application or that may arise during the life of this award, in the event the Interior makes an award to the entity.
• Certification Statement: State applicants for the Initial Grant part of this program must provide a signed State Certification statement consistent with Section 40601(c)(3)(A)(ii)(III) or 40601(c)(3)(A)(i)(II) of the BIL. State and Tribal Applicants may also be required to submit other certifications for other grant programs, consistent with guidance issued by the OWPO.

Tribal in Lieu of Grant Assistance Requests—Tribal Applicants Only (Proposed Revision)

Tribes, in lieu of grant assistance, may request that Interior administer and carry out plugging, remediation, and reclamation activities related to eligible orphaned wells on behalf of the Tribe. Interior proposes to collect the ( print page 66439) following information to evaluate and administer such requests:

• A letter of request for assistance, from the Tribe, bearing the signature of the authorized representative of the Tribe's governing body;
• A description of activities (e.g., plugging and abandonment, remediation, and/or reclamation) for which the Tribe is requesting assistance;
• A brief description of the Tribe's territories, including the number and locations of known orphan wells; and
• A summary of known supporting data or information, including existing inventories and assessments and environmental compliance documents.

Amendments

For many budget and program plan revisions, 2 CFR part 200 requires recipients submit revision requests to the federal awarding agency in writing for prior approval. Interior reviews such requests received to determine the eligibility and allowability of new or revised activities and costs and approves certain items of cost.

Reporting/Recordkeeping Requirements

To ensure that activities funded by Section 40601 are consistent with the BIL, 2 CFR part 200, and other federal law and authorities, Interior proposes to collect the following information from all grant and other funding recipients:

• Financial Reports: Recipients are required to submit all financial reports on the Standard Form 425, Federal Financial Report. Recipients must submit financial reports in accordance with 2 CFR part 200. The frequency of submission may vary but will typically be annually or semi-annually. Interior, however, may require submission of financial reports more frequently in certain circumstances, such as where more frequent reporting is necessary for the effective monitoring of the federal award or could significantly affect program outcomes (Frequency is proposed revision).
• Performance Reports: Recipients must submit performance reports in accordance with 2 CFR part 200. This information is necessary for Interior to track accomplishments and performance-related data. Interior uses these reports to ensure that the recipient is accomplishing its work on schedule, and to identify any problems that the recipient may be experiencing in accomplishing the work. While the frequency of performance reporting may vary, recipients typically will be required to submit their performance reports annually or semi-annually. Interior, however, may require the submission of these reports more frequently in certain circumstance, such as where more frequent reporting is necessary for the effective monitoring of the federal award or could significantly affect program outcomes (Frequency is proposed revision). Performance reports must include:

○ A comparison of actual accomplishments to the goals and objectives established for the reporting period, the results/findings, or both;

○ If the goals and objectives were not met, the reasons why, including analysis and explanation of cost overruns or high unit costs compared to the benefit received to reach an objective;

○ Performance trend data and analysis to be used by the awarding program to monitor and assess recipient and federal awarding program performance;

○ Consolidated long-term work plan and accomplishments updates, when award is part of a large scale or long-term effort funded under multiple awards over time; and

○ Other information that Interior requires to track State and Tribal accomplishments, collect performance-related data, identify and risks and failure to achieve certain milestones, and is otherwise necessary to ensure that the State's or Tribe's actions comply with the relevant guidance issued by the OWPO (Proposed revision).

• Final 15-month Report for State Initial Grants: As required in the BIL, State recipients under the Initial Grants part of the program must submit a report no later than 15 months after the date on which the State receives the funds, describing the means by which the State used the funds in accordance with its application and certification, and including the reporting parameters described in this guidance.
• Recordkeeping Requirements: Recipients must retain financial records, supporting documents, statistical records, and all other records pertinent to a federal award, per 2 CFR part 200 requirements.
• Data Associated with Wells Plugged Using Federal BIL Funds: Recipients must periodically provide data, which upon Interior's request, may include pictures, video, or other media, for any well plugged with BIL funds. This may include data associated with reclamation or restoration of land or infrastructure associated with a well (Proposed revision).

Upon request, but no more frequently than annually, recipients must submit requested information related to aggregate orphaned-well data ( e.g., the total number of documented orphaned wells located in a State, and the rationale for why the orphaned well inventory has increased or decreased during a certain time period). Interior will use this information to evaluate the effectiveness of the programs funded by the BIL.

• Information Concerning State or Tribal Unmet Needs: When requested, States and Tribes must submit requested information related to unmet needs for orphaned well plugging, the decommission or removal of the associated infrastructure, and the restoration and reclamation of the lands, surface water, ground water, or other natural resources that are impacted or potentially impacted. States or Tribes may also be required to provide information regarding employment and economically distressed areas, or environmental justice (Proposed revision).
• Compliance with Environmental and Other Statutes: Recipients must submit information to Interior to allow Interior to ensure that federal BIL funds are utilized in a manner that is consistent applicable federal law, such as the ESA and NHPA, and other authorities and policy (Proposed revision).
• Change in RIG Eligibility (Scoring Template): During the ten-year period that begins on the date of receipt of the grant funds, each RIG recipient must periodically ( e.g., annually) submit an updated Scoring Template. This submission will allow Interior to ensure that the State recipient is not required to reimburse Interior for all or a portion of its RIG for “failure to maintain protections,” under Section 40601(c)(5)(E)(iii). Recipients will also be required to submit documentation that supports any changes between the submitted Scoring Template and the one that was previously submitted (Proposed revision).

Interior also proposes to rename the information collection from Application Requirement for States to Apply for Orphaned Well Site Plugging, Remediation, and Restoration Grant Consideration to Application Requirements for States and Tribes to Apply for Orphaned Well Site Plugging, Remediation, and Restoration Funding Consideration, and Ongoing State and Tribal Reporting Requirements for Funding Recipients (Proposed revision).

Title of Collection: Application Requirements for States and Tribes to Apply for Orphaned Well Site Plugging, Remediation, and Restoration Funding Consideration, and Ongoing State and Tribal Reporting Requirements for Funding Recipients.

OMB Control Number: 1093-0012. ( print page 66440)

Form Number: None.

Type of Review: Revision of a currently approved collection.

Respondents/Affected Public: Up to 92 (27 State and 65 Tribal governments).

Total Estimated Number of Annual Respondents: 524 (relating to 9 different activities).

Total Estimated Number of Annual Responses: 1,011 (relating to 9 different activities).

Estimated Completion Time per Annual Response: Varies from 1 to 40 hours, depending on activity.

Total Estimated Number of One-Time Respondents: 54 (relating to 2 different activities).

Total Estimated Number of One-time Responses: 108 (relating to 2 different activities).

Estimated Completion Time per One-time Response: Varies from 1 to 24 hours, depending on activity.

Total Estimated Number of Tribal In Lieu of Grant Respondents: 3.

Total Estimated Number of Tribal In Lieu of Grant Responses: 3.

Estimated Completion Time per One-time Response: 8 hours.

Respondent's Obligation: Required to obtain or retain a benefit.

Frequency of Collection: On occasion.

Total Estimated Annual Non-hour Burden Cost: None.

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 and 5 CFR 1320.10.

Jeffrey Parrillo,

Departmental Information Collection Clearance Officer.