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paragraph (b) of this section, every spe 1979, 44 FR 33663 (made effective by Execucial Government employee shall sub
tive Order 12142 of June 21, 1979, 44 FR 36927).
sec. 28(1) of title I of the Mineral Leasing mit a confidential statement of em
Act, 30 U.S.C. 185; and 31 U.S.C. 483a. ployment and financial interests. (b) The requirement of paragraph (a)
SOURCE: 46 FR 28397, May 27, 1981, unless
otherwise noted. of this section may be waived for a special Government employee who is neither a consultant nor an expert and 81630.1 Coverage. whose duties are such that disclosure
(a) This part applies to the compaof interests is not necessary to protect
nies (or their agents) sponsoring the Government integrity. For the purpose
segments of the Alaska Natural Gas of this subsection, “consultant” and "expert" have the meanings given
Transportation System (ANGTS) in the
United States, as listed in the Presithose terms by Chapter 304 of the Fed
dent's Decision and Report to Congress eral Personnel Manual.
on the Alaska Natural Gas Transpor
tation System and as subsequently re81506.702 Time and place for submis
structured, renamed, or otherwise sion of confidential statements.
changed, to the extent that they are Confidential statements of employ
also holders of rights-of-way or permits ment and financial interests shall be
for use of federal land. submitted to the OFI ethics officer not
(b) This part also applies to compalater than the commencement of em
nies sponsoring facilities which have ployment of the special Government
been determined to be “necessary or employee. Special Government employ
related to" ANGTS, within the meanees shall keep their statements current
ing of Section 9 of ANGTA, and thereby throughout their employment with the
come within the OFI's enforcement auagency by the submission of supple
thority, to the extent that they are mentary statements.
also holders of rights-of-way or permits for use of federal land.
(c) This part governs how the OFI 81506.703 Custody and review of con- will obtain reimbursement from the fidential statements; remedial ac
sponsoring companies described above tion.
in paragraphs (a) and (b) of this section The confidential statements of em- ' for the costs incurred in certain of its ployment and financial interests filed
ANGTS-related enforcement activities. by special Government employees shall It does not govern how any other fedbe kept in custody and reviewed in the
eral agency might seek similar reimsame manner as are the confidential bursement from the sponsoring compastatements of regular employees. Spe- nies for ANGTS-related nonenforcecial Government employees shall be af ment activities. forded the same procedural safeguards as are regular employees in any remedial action taken against them.
8 1630.2 Reimbursable activities.
(a) The sponsoring companies shall
i reimburse the United States for the PART 1530-REIMBURSEMENT OF OFI's costs incurred in enforcing COSTS
ANGTS right-of-way and permit requirements on federal lands, as directly
required by Section 28 of the Mineral Sec.
Leasing Act. 1530.1 Coverage.
(b) Enforcement, the costs of which 1530.2 Reimbursable activities. 1530.3 Costs to be reimbursed.
are reimbursable under paragraph (a) 1530.4 Billing procedures.
of this section immediately above, en1530.5 Payment procedures.
tails monitoring and any other compli1530.6 Protest procedures.
ance or oversight activities reasonably AUTHORITY: Sec. 9 of the Alaska Natural related to the OFI enforcement procGas Transportation Act, 15 U.S.C. 7199, secs. ess, as established by section 102 of Re102 and 202 of Reorganization Plan No. 1 of organization Plan No. 1 of 1979.
$ 1630.3 Costs to be reimbursed.
8 1630.4 Billing procedures.
(a) The OFI will require reimbursement for the activities, defined by $1530.2 as reimbursable, of the following OFI offices: (1) Engineering Review; (2) Environmental Review; (3) Permits and Compliance; and (4) Field offices located in: (i) Anchorage, Alaska; (ii) Fairbanks, Alaska; (iii) San Francisco, California; (iv) Irvine, California; and (v) Omaha, Nebraska.
(b) The specific costs of reimbursable activities are limited to the following:
(1) Employee costs for: (i) Salaries; (ii) Cost-of-living allowance (but only in Alaska); (iii) Benefits; (iv) Travel; (v) Training; and (vi) Household moves; (2) Outside support costs for: (1) Contractors; (ii) Consultants; and
(iii) Interagency arrangements, whether pursuant to a:
(A) Delegation under section 202(a) of Reorganization Plan No. 1 of 1979; or
(B) Formal cooperative work sharing agreement under the Economy Act;
(3) Office expenses for:
(4) Material and equipment purchase or rental;
(5) Vehicle and aircraft purchase or rental;
(6) Any of the above or other support services provided by the sponsoring companies in the field on a cost recovery basis under logistical support agreements between the OFI and the sponsoring companies; and
(7) Cost to administer this part equal to a percentage (determined annually by the OFI in the context of $1530.4(c)(1)) of the total costs under paragraphs (b)(1) through (6) of this section.
(a) The OFI will present the sponsoring companies with a bill within 30 calendar days of the end of each calendaryear quarter for reimbursable costs incurred over that quarter for that segment of ANGTS or other facilities determined to be related to ANGTS.
(b) The bill will include the following:
(1) Total OFI expenditures incurred for the quarter, broken down by object class per OFI office;
(2) A brief description of reimbursable activities undertaken for the quarter, broken down by OFI office;
(3) The percentage of reimbursable to non-reimbursable activities for that segment of ANGTS, broken down by OFI office; and
(4) A calculation of the reimbursement due for that quarter, computed by multiplying the total OFI expenditures, as per paragraph (b)(1) of this section, by the reimbursable percentage, as per paragraph (b)(3) of this section.
(c) The reimbursable percentage used in paragraph (b)(3) of this section is determined as follows:
(1) Prior to the commencement of each calendar year, the OFI will consult with the sponsoring companies to ascertain their project activities for the coming year, with special identification of activities requiring reimbursable OFI enforcement activities.
(2) The OFI will then determine the reimbursable percentage for each OFI office by project segment.
(i) That percentage will apply for the entire upcoming calendar year. It will not be adjusted unless extraordinary and unanticipated events materially and dramatically alter the OFI's reimbursable enforcement activities.
(ii) The OFI will determine that percentage based upon the following factors:
(A) Amount of federal land to be crossed;
(B) Types of pre-construction or construction activities to be undertaken during that year;
(C) Proportionate amount of time each OFI office will need to monitor those activities; and
(D) Level of intensity for monitoring (d) After reviewing the petition, on federal lands as opposed to non-fed along with any further information, eral lands.
the OFI, through its Director of Ad(3) If a sponsor company intends to ministration, will rule on the petition contest any of the reimbursable per- within thirty calendar days, notifying centages, it may not do so until, but the petitioner in writing of the decimust do so when, it receives its first sion. quarterly bill for the calendar year at (1) If the Director accepts the conissue. It must then follow the proce- testing company's position and thus dures set out in $$ 1530.5 and 1530.6 of grants the petition, the partial paythis part.
ment previously rendered under $ 1530.5(d) will be deemed to satisfy
fully the quarterly bill rendered under 1530.5 Payment procedures.
(2) If the Director rejects the contest(a) Payment of reimbursable costs
ing company's position and thus reshould be made, as billed, to the OFI,
jects the petition, the petitioner: specifically identified for U.S. Treas
(i) Shall make payment of the conury Account Number 2469.
tested and previously withheld amount (b) Payment should be made within within thirty calendar days, and 30 calendar days of receipt of billing. (ii) May within thirty calendar days
(c) The sponsoring company making after payment appeal the Director's adpayment under this Section should si verse finding to the Federal Inspector, multaneously notify the OFI Director
pursuant to paragraph (e) of this secof Financial Management of that pay tion. ment.
(e) The Federal Inspector or designee (d) If the sponsoring company con
will render a final decision on any aptests any part of the bill, rendered pur
peal of the Director's adverse finding suant to $1530.4, it must nonetheless within sixty calendar days of receipt, pay the uncontested balance, and then
unless the appellant has failed to make proceed under $1530.6 immediately
full payment to the OFI, as per parabelow.
graph (a)(2)(i) of this section.
(1) If the Federal Inspector or des
ignee grants the appeal, the OFI will 81530.6 Protest procedures.
either return to the appellant the con
tested payment within thirty calender (a) If and when a sponsoring company days or credit the appellant's next contests any part of an OFI bill, as per quarterly bill. $ 1530.5(d) of this part, it shall act pur (2) If the Federal Inspector denies the suant to this section.
appeal, the appellant may institute ap(b) The contesting company must appropriate judicial action to recover the pend to its partial payment a petition contested payment. fully justifying its action, including (1) If and when a contesting company the following items:
refuses to make full payment following (1) A clear, description of the con the Director's adverse finding on its petested amount, with detailed reference, tition (in contravention of paragraph by cost category and office, to the OFI (d)(2)(i) of this section), the OFI may bill;
stop work on any applications for regu(2) A full explanation of the legal latory approval submitted by the combasis for contesting payment; and
pany and pending before the OFI under (3) where relevant, a Reorganization Plan No. 1 of 1979. The counterstatement of the facts at issue. schedule and cost consequences will be
(c) In its sole discretion the OFI may attributed to the noncompliant comorally or in writing request further pany. support for the petition contesting re (g) Notwithstanding paragraphs (a)
imbursement, including convening an through (1) of this section the company. · informal conference to explore the making full payment of reimbursable matter further.
costs may undertake the following:
(1) Within seventy-five calendar days of receipt of the OFI quarterly bill, as per $1530.4, the company may request to conduct an audit of the bill.
(2) The company will complete that audit within ninety calendar days of the request and at its own expense.
(3) If, based on that audit, the company contests any part of the bill, it may petition for the return of the contested payments pursuant to the procedures set forth in paragraphs (b) through (e) of this section where appropriate.
SUBCHAPTER C-ENFORCEMENT PROCEDURES
PART 1534-ENFORCEMENT PRO
CEDURES FOR REGULATIONS REQUIRING EQUAL OPPORTUNITY DURING PLANNING, CONSTRUCTION, AND INITIAL OPERATION OF THE ALASKA NATURAL GAS TRANSPORTATION SYSTEM
(4) Section 1534.5 describes how the OFI will enforce these regulations once it has made a final determination that a recipient, contractor, or subcontractor is not in compliance.
(b) The time limitations imposed by this part on the OFI and all parties to enforcement are binding, unless for good cause shown the OFI determines that an extension would be in the public interest.
Sec. 1534.1 General. 1534.2 Initial stage of compliance review. 1534.3 Initial stage of complaint investiga
tion. 1534.4 Procedures for determination of com
pliance or noncompliance and for concil
iation. 1534.5 Enforcement procedures.
AUTHORITY: Secs. 9 and 17 of the Alaska Natural Gas Transportation Act, 15 U.S.C. 719g and o; 43 CFR 34.10(d); and secs. 102 and 202 of Reorganization Plan No. 1 of 1979.
SOURCE: 46 FR 22337, Apr. 16, 1981, unless otherwise noted.
8 1534.1 General.
(a) Pursuant to $34.10(d) of the under lying regulations (43 CFR part 34) and to Section 9 of the Alaska Natural Gas Transportation Act (ANGTA), the Office of the Federal Inspector (OFI) has established in this part procedures for enforcing Section 17 of ANGTA, Condition 11 of the President's Decision (Decision and Report to Congress on the Alaska Natural Gas Transportation System, approved by H.J. Res. 621, Pub. L. 95–158) and all implementing rules, regulations, orders, and actions taken thereunder (referred to throughout this part collectively as “these regulations'').
(1) Section 1534.2 describes how the OFI will conduct the initial stage of compliance review.
(2) Section 1534.3 describes how the OFI will conduct the initial stage of investigating complaints that these regulations have been violated.
(3) Section 1534.4 describes the subsequent procedures for determining compliance or noncompliance, including preliminary findings and final determinations, and for pursuing conciliation and voluntary compliance, which are the same for both compliance review and also complaint investigation.
$1534.2 Initial stage of compliance re
view. (a) The OFI will conduct initial periodic review (including possible spot onsite review) of selected recipients, contractors, and subcontractors to determine compliance with these regulations.
(b) If, based on the initial periodic review conducted under paragraph (a) of this section, the OFI has reasonable cause to believe that these regulations are not being complied with, it will notify the respective recipient, contractor, or subcontractor by letter of a subsequent and formal on-site review, to be conducted after 15 calendar days of that notice. For formal on-site review just involving a contractor and/or subcontractor, the OFI will also forward a copy of the letter of on-site review to the corresponding recipient.
(c) The contents of such a letter giving notice of the subsequent on-site review, issued under paragraph (b) of this section, as well as the remaining procedures for compliance review, are detailed in 1534.4 of this part.
(d) After completion of initial periodic compliance review, the OFI will certify when a recipient, contractor, or subcontractor is found to be complying with these regulations. This certification of compliance does not, however, preclude a later determination of noncompliance, but only under the following circumstances:
(1) In light of new or additional information which the OFI should not reasonably be expected to possess, the full facts were unknown during the compliance review; or
(2) The OFI subsequently finds noncompliance for a later time period, not