Indian Payor Handbook
ONRR is updating the Oil and Gas Federal Payor Handbook and creating a new Oil and Gas Indian Payor Handbook to provide guidance based on the most current regulatory language, Interior Board of Land Appeals (IBLA) rulings, and applicable judicial decisions. If you have any questions about the content of the existing handbook or questions regarding valuation for royalty purposes, please contact ONRR Royalty Valuation at royaltyvaluation@onrr.gov.
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Chapter 1 - About this Handbook
Last Updated: September 12, 2018
This chapter provides a framework for understanding the unique environment of oil and gas royalty valuation on Indian Lands. In this handbook, Indian lands refer to both tribal lands and allotted lands, which are held in trust by the United States for the Tribe or individual Indian mineral owner and have federal protection against alienation. Tribal lands are generally those held in trust for the communal benefit of a particular tribe or group of tribes. Allotted lands are those granted under the General Allotment Act of 1887, as amended, or a similar, Tribe-specific statute, for the use and benefit of individual Indian beneficiaries and their heirs.
Beginning in 1891, Congress authorized oil and gas development on certain Indian lands established by treaty and allotment. Later statutes expanded that scope to encompass most other Indian land classifications, including executive order reservations. These laws required that the United States Department of the Interior oversee and manage such oil and gas activities, including exploration, leasing, development, and ultimately—product and royalty valuation.
Under the statutes placing the Indian lands in trust for the use and benefit of tribes and individual Indian beneficiaries and the statutes allowing for mineral development, the United States is tasked with the responsibility of ensuring that both tribes and individual Indian mineral owners receive what is rightfully owed to them attributable to their oil and gas leases and agreements.
When a company enters into a lease or agreement with an Indian tribe or individual Indian mineral owner, the company agrees to federal government supervision and oversight. This supervision and oversight is similar to what would be required on federal lands, but with additional requirements specific to Indian lands.
This Oil and Gas Indian Payor Handbook provides royalty valuation procedures for Indian oil and gas production, and information on establishing and reporting processing and transportation allowances. This handbook also provides examples for determining the value of production for royalty purposes and completing dual accounting, safety net, and transportation and processing allowance forms.
The Office of Natural Resources Revenue (ONRR) determines royalties based on the amount or value of production removed or sold from the lease. See Title 30, Code of Federal Regulations, Parts 1204 and 1206.
This handbook has been prepared for guidance purposes only and each lessee is responsible for the proper valuation, for royalty purposes, of federal and Indian production.
If you have any questions regarding the information in this handbook, please contact ONRR’s Royalty Valuation team at royaltyvaluation@onrr.gov.
- 1.1 Handbook Outline
- 1.2 Authority
- 1.3 Fiduciary Trust
- 1.4 Maintenance
- 1.5 Distribution and Related Handbooks
- 1.6 Resources
- 1.7 Recordkeeping Requirements
- 1.8 Privacy Information
- 1.9 Disclaimer
Throughout this handbook, the term "you" will be used to refer to a lessee, operator, or other person legally responsible for paying royalties under 30 CFR Chapter XII, Subchapter A.
1.1 Handbook Outline
ONRR divided the Oil and Gas Indian Payor Handbook into the following chapters:
- Chapter 1 — About this Handbook
- Chapter 2 — Valuation Basics
- Chapter 3 — Oil Valuation
- Chapter 4 — Gas Valuation
- Chapter 5 — Oil Transportation Allowances
- Chapter 6 — Gas Transportation Allowances
- Chapter 7 — Gas Processing Allowances
1.2 Authority
Indian Lands
Tribal lands held in trust and Indian allotted lands have a unique legal status and have protections against alienation. Tribal lands are recognized by treaty, executive order, or act of Congress. Many current Indian reservation boundaries were created by one or more of these actions. Companies operating on Indian lands should be aware of the unique legal history surrounding the Indian reservation or allotment where they operate. The treaty, executive order, or act of Congress may result in a company having to interact with one or more tribal groups. Furthermore, the land status of both tribal and allotted lands can be complex due to checkerboarding and interests acquired by non-Indian parties. Tribes may also own land in fee simple, and in such situations, federal oversight may be limited in some situations. Depending on the unique legal history and specific land status, special valuation may be required for royalty determination that go beyond the scope of this handbook.
Indian Leasing Statutes
The Department of the Interior, through the Bureau of Indian Affairs (BIA), is responsible for approving oil and gas leases and agreements on Indian lands. Understanding the specific statute authorizing the lease or agreement is important for understanding lessee responsibilities and obligations. The most common authorizing statutes are listed below:
- Allotted Lands Leasing Act of 1909, 25 U.S.C. §396. Congress authorized mineral leasing on allotted lands in which individual Indians own the beneficial interest.
- Indian Mineral Leasing Act of 1938 (IMLA), 25 U.S.C. §396a-g. Enacted to coincide with the Indian Reorganization Act of 1934, its purpose was to bring uniformity to the Indian mineral leasing program. IMLA leases must be approved in accordance with a tribe’s own charter or constitution.
- Service Contract Agreements, 25 U.S.C. §81 This includes exploration and development agreements, joint ventures, production sharing agreement, managerial agreement, and net profit arrangements. There remains a large number of service contracts still in effect approved under 25 U.S.C. §81. However, beginning in 1980, the Department of the Interior stopped approving such contracts. Similar types of agreements may now be entered into under the Indian Mineral Development Act of 1982. Service Contract Agreements may have unique provisions that, depending on the circumstances, may supersede ONRR’s regulations. Each Service Contract Agreement is unique and may require an individual valuation assessment.
- Indian Mineral Development Act of 1982 (IMDA), 25 U.S.C. §2101-2108. A majority of newly-approved oil and gas leases are approved under the IMDA. Tribes have authority to develop their own resources under their own negotiated terms. This may include operating agreements, net profit agreements, or other arrangements where a tribe may share in the risks and rewards of mineral development. Under the IMDA, tribes are free to enter into diverse agreement terms. With the consent of the Tribe and lessee, individually owned Indian minerals may also be included in a Tribe’s agreement. IMDA agreements may have unique provisions that, depending on the circumstances, may supersede ONRR’s regulations. In these instances, the lease agreement itself will govern the accounting treatment. There may be unique provisions for determining and calculating royalty and other types of consideration for the removal and disposition of oil and gas from the lands covered by an IMDA agreement. Each IMDA agreement is unique and may require an individual valuation assessment.
Certain tribes, particularly in Oklahoma, have their own authorizing statutes for leasing. This Handbook does not apply to leases on the Osage Indian Reservation, Osage County, Oklahoma. See 25 CFR Part 226.
Prior to any valuation assessment, it is important to review the lease. Because Indian leases have their own authorizing statutes, ONRR promulgated its own set of regulations applicable to Indian leases. Indian leases and agreements have different terms from federal leases, including major portion and dual accounting provisions, which are addressed in detail in the Valuation Basics, Oil Valuation, and Gas Valuation chapters.
Applicable Regulations
The Code of Federal Regulations (CFR) codifies the general and permanent rules published in the Federal Register (FR) by the executive agencies of the Government. The CFR is available for purchase from Government Printing Offices, located in most large metropolitan areas. Copies are also available in your local public library or on gpo.gov. Digital copies may be found at ecfr.gov.
Regulations affecting ONRR:
1.3 Fiduciary Trust
The Federal Indian trust responsibility is a legally enforceable fiduciary obligation on the part of the United States to carry out the mandates of Federal law with respect to American Indian and Alaska Native tribes and villages to protect tribal treaty rights, lands, assets, and resources. In several cases discussing the trust responsibility, the Supreme Court ruled that it entails not only legal duties set out in statutes and regulations but also moral obligations and the fulfillment of understanding and expectations that have arisen over the entire course of the relationship between the United States and the federally-recognized tribes.
From this, the United States is required to supervise and approve all dispositions of trust assets, including oil and gas resources. This is performed through the lease and agreement approval process. Generally, the Department of the Interior, through the BIA, is responsible for lease and agreement approval, administration, and termination. The Bureau of Land Management is responsible for oil and gas production and development activities. The Office of Natural Resources Revenue is responsible for production valuation and royalty management functions. ONRR, in conjunction with BIA and the Bureau of Trust Funds Administation (BTFA), provides revenue management services for mineral leases on American Indian lands. One-hundred percent of monies collected for Indian mineral leases are returned to the Indian or Tribal lessor.
ONRR implements its trust responsibility through:
- Consultation with tribes to determine how best to use or develop resources
- Analyzing all relevant information to determine how to act in the interest of Indian lessors
- Making decisions based on the Indian lessor’s best interest
- Providing accurate accounting of all transactions involving resources
Agencies Engaged with ONRR and information they provide
| Bureau of Indian Affairs (BIA) | Bureau of Land Management (BLM) | Bureau of Trust Funds Administration (BTFA) |
|---|---|---|
| - Land ownership and lease status, - Mineral leasing, - Finalizing and approving Communitization Agreements (CA), - Rights-of-Way, - Probate | - Permit approvals to drill or extract a mineral resource, - What happens in an inspection, - Frequency and results of onsite inspections, - Communitization review, - Lease production volumes, - Wells and other ownership that may affect your production, - Proper plugging of wells, - Official surveys of Indian lands | - How to receive funds from an Individual Indian Mineral Owner (IIM) account: Direct deposit, Debit card, Check, - Privacy of financial trust accounts, - Why it is important to update lessor addresses, - If funds in a lessor’s account earn interest, - Trust Assets Information |
1.4 Maintenance
ONRR may periodically revise this handbook to reflect changes in the law and regulations. Payors, however, are responsible for and should independently verify any intervening regulatory amendments or new law that affects information and guidance contained in this handbook.
ONRR will notify payors when updates to this handbook are available. ONRR recommends keeping superseded releases of this handbook for use in future reviews of your transactions that occurred while those releases were in effect.
You may send questions regarding the content of this handbook to ONRR at royaltyvaluation@onrr.gov
1.5 Distribution and Related Handbooks
ONRR is responsible for making payor handbooks available. Payors can view and print this handbook, or portions thereof, from our web site, www.onrr.gov. The online handbook is organized on a series of tabs, in content order, that contain printable pdf files.
The following handbooks and regulations contain related topics of interest:
- The Minerals Production Reporter Handbook provides detailed instructions on completing an Oil and Gas Operations Report (OGOR).
- The Minerals Revenue Reporter Handbook provides instructions and examples to assist reporters in preparing the Report of Sales and Royalty Remittance (Form ONRR-2014).
- The Geothermal Payor Handbook—Product Valuation provides detailed instructions for valuing geothermal resources.
- COMING SOON: The Oil and Gas Federal Payor Handbook provides detailed instructions on valuing oil and gas on federal leases.
To view and print electronic copies of these handbooks free of charge (using Adobe Acrobat Reader), please visit onrr.gov.
1.6 Resources
For further information on related topics, you can visit the following:
- Bureau of Land Management
- Bureau of Safety and Environmental Enforcement
- Bureau of Indian Affairs
- Bureau of Trust Funds Administration
- ONRR Reporter and Payor Letters
ONRR’s Product Codes and Transaction Codes can be found in the Minerals Production Reporter Handbook and the Minerals Revenue Reporter Handbook. Both types of codes are referenced in this Handbook. Please take time to familiarize yourself with them in our Handbook Appendices as well as in the picture below.
1.7 Recordkeeping Requirements
What Records Must I Keep To Support My Calculations?
You must retain all data relevant to the determination of royalty value across all applicable commodities including showing how you calculated the value that you reported, plus all adjustments for location, quality, and transportation. In addition, you must be able to demonstrate how you complied with these rules under 30 CFR §1206.64. Additional provisions regarding recordkeeping may also be found under 30 CFR §1207.1.
Each lessee, operator, and revenue payor is required to make and retain accurate and complete records necessary to demonstrate that payments of rentals, royalties, net profit shares, and other payments related to offshore and onshore federal and Indian oil and gas leases are in compliance with lease terms, regulations, and orders under 30 CFR §1212.51. Records that are covered in these regulations include, but are not limited to, those items specified by lease terms, notices and orders. Records also include computer programs, automated files, and supporting systems documentation used to produce automated reports or magnetic tape submitted to ONRR.
Each reporter/payor must submit accurate, complete, and timely information to ONRR. If a reporter/payor discovers an error in a previous submission or report, the reporter/payor must file an accurate and complete amended report within thirty (30) days of the discovered error under 30 CFR §1210.30. Noncompliance may result in the assessment of civil penalties under 30 CFR part 1241.
What Information Must I Provide When Requested?
Lessees, operators, and revenue payors are responsible for making the records identified in the prior section available for inspection. Records shall be provided at a business location of the lessee, operator, payor, or other person during normal business hours upon the request of any officer, employee or other party that is authorized by the Secretary of the Interior under 30 CFR §1212.51. Lessee, operators, and revenue payors will be afforded a reasonable period of time to produce the historical records that are part of the inquiry.
Parties that are responsible for compiling and keeping records under ONRR regulations shall maintain and preserve the records from the day on which the relevant transaction occurred unless the Secretary notifies the record holder of an audit or investigation involving the records and that they must be maintained for a longer period under 30 CFR §1212.51. When an audit or investigation is underway, you shall maintain records until the record holder is released in writing from the obligation to maintain the records.
The Office of Management and Budget (OMB) approved the information collection requirements identified in ONRR’s regulations under 44 U.S.C. 3501 et seq. Detailed information about each information collection request is included on the ONRR website on the Rules and Regulations page as well as under 30 CFR §1210.10.
1.8 Privacy Information
Does ONRR Protect Information That I Provide?
In accordance with 30 CFR §1210.40, ONRR will treat information obtained under 30 CFR part 1200 as confidential to the extent permitted by law as specified in 43 CFR part 2.
Confidential Information
Information submitted to ONRR to support valuation proposals, including transportation and processing contracts, transportation and processing costs, statements, and sales contracts, may be exempted from disclosure under the Freedom of Information Act, 5 U.S.C. 552, or other federal law. ONRR will maintain any data specified by law to be privileged, confidential, or otherwise exempt in a confidential manner in accordance with applicable laws and regulations.
1.9 Disclaimer
ONRR will periodically revise this Oil and Gas Indian Payor Handbook to reflect the most current regulatory language, Interior Board of Land Appeals (IBLA) rulings, and applicable judicial decisions. Payors should exercise caution in referencing to or relying on this handbook, being cognizant of changes in judicial decisions as well as how the handbook provisions are applied to individual scenarios or situations. Payors should independently verify that the information and guidance contained in this handbook has not been affected by intervening regulatory amendments or recent IBLA or judicial decisions.
The citations in this letter refer to ONRR's current published regulations. If ONRR regulations change, use the most recent applicable version. For detailed regulatory language, please visit eCFR and select Title 30 - Mineral Resources, Chapter XII (1200).
You may send questions regarding the content of this handbook to ONRR at royaltyvaluation@onrr.gov.
Chapter 2 - Indian Valuation Basics
Last Updated: April 2019
The valuation standards and procedures described in this chapter apply to Indian oil and gas production. Please see Valuation Regulations and Guidance for the most current regulations as well as proposed and final rulemakings. For production from federal properties, please see the Oil and Gas Federal Payor Handbook, available at www.onrr.gov.
- 2.1 Applicable Lands and Leases
- 2.2 Production Requiring Royalty Valuation
- 2.3 Precedence of Lease Terms, Statutes, Treaties, Settlement Agreements, and Court Decisions
- 2.4 Quantities and Qualities
- 2.5 General Valuation Principles
- 2.6 Unitization and Communitization
- 2.7 Deduction of Transportation and Processing Allowances
- 2.8 Marketable Condition
- 2.9 Indian Forms
- 2.10 Acronyms
- 2.11 Product Codes
What's New in Chapter 2?
Updated April 2019
- Additional language in Section 2.5.4 to remind payors to read all lease language for terms.
- Marketable Condition has moved to its own major section, Section 2.8, from the lower sub-section 2.5.11.
2.1 Applicable Lands and Leases
Tribal lands held in trust and Indian allotted lands have a unique legal status and have protections against alienation. Tribal lands are recognized by treaty, executive order, or act of Congress. Many current Indian reservation boundaries were created by one or more of these actions. Companies operating on Indian lands should be aware of the unique legal history surrounding the Indian reservation or allotment where they operate. The treaty, executive order, or act of Congress may result in a company having to interact with one or more tribal groups. Furthermore, the land status of both tribal and allotted lands can be complex due to checkerboarding and interests acquired by non-Indian parties. Tribes may also own land in fee simple, and in such situations, federal oversight may be limited. Depending on the unique legal history and specific land status, the guidance in this handbook may not apply.
This handbook applies to Indian (Tribal and allotted) oil and gas leases subject to the regulations under 30 CFR 1202 and 1206. This handbook does not apply to leases in Osage County, Oklahoma.
Throughout the handbook, the term "you" will be used to refer to a lessee, operator, or other person legally responsible for paying royalties under 30 CFR Chapter XII, Subchapter A.
2.2 Production Requiring Royalty Valuation
Royalty valuation procedures described in this handbook and under 30 CFR parts 1202 and 1206 apply to Indian oil and gas production that is:
- Removed or sold from the lease,
- Avoidably lost,
- Wasted,
- Drained, or
- Otherwise subject to royalty under the terms of the lease.
The Bureau of Land Management (BLM) is primarily responsible for determining whether production is royalty-bearing (www.blm.gov). The Bureau of Indian Affairs (BIA) is responsible for lease and agreement approval, administration, and termination (www.bia.gov).
Certain volumes of production may be royalty free if authorized by the terms of the lease. These volumes usually include production used on or for the benefit of the lease or agreement (such as for fuel or pressure maintenance) and unavoidably lost production. Although such production is not subject to royalty, the volumes must be reported using ONRR’s production accounting system. For additional information on production reporting, see the Minerals Production Reporter Handbook.
Value is established the month that the production is removed, saved, or sold from the lease. Check your lease language for specific language on the timing of royalty value.
2.3 Precedence of Lease Terms, Statutes, Treaties, Settlement Agreements, and Court Decisions
In most cases, the valuation standards and procedures described in this handbook apply equally to all Indian production.
In those cases where the valuation regulations are inconsistent with the valuation provisions in the lease, the lease terms, including those that have been modified by subsequent agreements, govern the valuation to the extent of the inconsistency under 30 CFR §§1202.100(b)(3) and 1202.555(c).
Specific provisions of statutes, treaties, or settlement agreements between the United States, or the Indian lessor, and a lessee may also take precedence over the valuation regulations where inconsistencies occur under 30 CFR §1206.50(c) for Indian oil and §1206.170(b) for Indian gas. This primacy rule extends to court orders and legal decisions resolving valuation issues and will govern to the extent of any inconsistency that may result from the order or decision.
In addition, decisions from the Interior Board of Land Appeals (IBLA), the Interior Board of Indian Appeals (IBIA), as well as those rendered in Federal courts, have the potential to impact ONRR regulations as drafted or as interpreted in cases being litigated as well as other cases involving the same subject matter.
Always refer to your lease document first. Many Indian lease documents have unique terms.
2.4 Quantities and Qualities
This section describes how production quantity and quality are determined for royalty purposes. Standards discussed in this section apply to all royalty-bearing products, including oil, condensate, unprocessed gas, residue gas, gas plant products, and other products.
2.4.1 Royalty Measurement Points
Lessees must report and pay royalties on the quantity and quality of production measured at the point of royalty settlement, also referred to as the BLM-approved Royalty Measurement Point (RMP). This handbook will use “point of royalty settlement” and “RMP” interchangeably.
The point of royalty settlement/RMP is the meter where production is measured for royalty purposes and is determined by the Bureau of Land Management (BLM) for onshore production.
The RMP is usually located on the lease or agreement, at or near the wellhead. Lessees require prior approval from the BLM to place the RMP off of the lease or agreement. If you have questions about which meter is the RMP, check with your local BLM office for assistance.
2.4.2 Timeline for Reporting
Most leases contain language stating that you must pay royalties using the appropriate value for the month when production is removed, saved, or sold from the lease. For example, if you remove production from the lease or agreement and place it in an underground gas storage reservoir in January, royalty value is the value of production in January, even though you may have removed production from storage and sold it at a different price at a later date.
In situations where gas is processed, royalty is generally due on the monthly net output (quantity) of residue gas and gas plant products measured at the tailgate of the plant and attributable to the lease under 30 CFR §1206.175. For more information, please refer to Chapter 4 of this handbook, which will discuss processed gas valuation in more detail.
ONRR requires electronic reporting unless you qualify for an exception under 30 CFR §1210.105. You must receive prior approval from ONRR to report via paper reports. If you receive approval from ONRR, you must use the official Oil and Gas Operations Report Form ONRR-4054 (OGOR) to report. Please refer to the Forms page for information about ONRR forms.
Although royalty value is established during the production month, lessees must submit electronic royalty reports (Forms ONRR-2014) to ONRR no later than the last day of the calendar month following the month of production. For example, if the production month ends on March 31st, lessees must submit the report no later than April 30th. If the last day of the month falls on a Saturday, Sunday, or federal holiday, the due date is the next official workday.
2.4.3 Reporting Standards
Lessees must report the quantity (volume) and quality of production using the units of measurement specified under 30 CFR §1202.101 for oil and §1202.558 for gas. Please see the table below for a summary.
| Product: | Quality and Quantity Reporting Requirements: |
|---|---|
| Oil (30 CFR §1202.101) | Report barrels (42 gallons) (231 cubic inches each), Reported API oil gravities determined in accordance with standard industry procedures after correction to 60°F, Report as clean barrels, adjusted for basic sediment and water (BS&W) |
| Gas (30 CFR §1202.558). Including carbon dioxide (CO2), nitrogen (N2), helium (He), residue gas, and any other gas marketed as a separate product | Report Mcf and MMBtu. Report gas with no British thermal unit (Btu) content on an Mcf basis. Report gas volumes and Btu heating values under the same degree of water saturation*, Adjust Mcf to a pressure base of 14.73 psia at 60°F** |
| Natural Gas Liquids (NGLs) (30 CFR §1202.558 (b) (2)) | Report standard U.S. gallons (231 cubic inches) at 60°F |
| Sulfur (30 CFR §1202.558 (b) (3)) | Report long tons (2,240 pounds) |
*Wet vs. Dry Reporting on the (OGOR) & Form ONRR-2014
For production periods after February, 2017, the regulations under 43 CFR §3175.126(a)(1), require operators to report heating values on a dry basis on the OGOR.
ONRR’s regulations at 30 CFR §1202.152, Standards for reporting and paying royalties on gas, require you to:
(i) Report gas volumes and British thermal unit (Btu) heating values, if applicable, under the same degree of water saturation;
Therefore, for periods after February 2017, you must report using a dry water vapor content on the Form ONRR-2014 and the OGOR.
For production periods prior to February, 2017, contact your local BLM office for additional information on wet vs. dry reporting.
**Converting to 14.73 psia
The figure below illustrates one way to convert from a different pressure base to 14.73 psia. For our example, we used a standard conversion factor from a publicly-available source. You are not required to use this factor or this method in your calculations.
2.4.4 Adjustments for Quantity and Quality
If the lessee’s sales price or value of production is based on a quantity or quality different from that measured at the point of royalty settlement, the value must be adjusted to compensate for any differences under 30 CFR §§1206.53(a)(2) and 1206.174(a)(2). For instance, if a lessee’s gross proceeds from the sale of gas are based on a volume measured at a point other than the approved point of royalty settlement and that volume is less than the volume measured at the approved point of royalty settlement, then the gross proceeds for royalty purposes must be increased to reflect the higher volume measured at the approved point of royalty settlement.
2.4.5 Actual or Theoretical Losses
Under 30 CFR §§1206.58 and 1206.175, you may not take any deductions from the royalty volume or royalty value for actual or theoretical losses.
Royalty is due on 100 percent of the volume measured at the point of royalty settlement. ONRR published a Dear Reporter Letter explaining reporting of Fuel Used or Lost Along a Pipeline on December 18, 2014. See the December 18, 2014 Reporter Letter for reporting and valuation information.
Lessees are not required to report losses that occur prior to the point of royalty settlement if the BLM determines such losses are unavoidable. Fuel used on or for the benefit of the lease may also be considered beneficial use. Although these volumes are not royalty-bearing, lessees must report them using the currently-adopted ONRR production accounting system.
Always refer to your lease document first. Many Indian lease documents have unique terms.
2.4.6 Quantity Determinations for Processed Gas and Gas Plant Products
When gas is processed for the recovery of residue gas and gas plant products, a portion of the net plant output is allocated to each lease supplying production to the plant. The specific allocation procedure depends on whether the plant processes gas of uniform content or non-uniform content.
When the net plant output is derived from gas produced from a single lease, the quantity and quality of residue gas and gas plant products attributable to the lease are simply the net plant output. However, gas from multiple leases supplying the plant frequently contains diverse amounts of hydrocarbons and/or non-hydrocarbon substances. In these situations, the allocation must be based on the theoretical or tested volume of residue gas and gas plant products contained in the gas at the lease. See Chapter 4, Indian Gas Valuation, for further information.
2.5 General Valuation Principles
Lessees of Indian lands have an obligation to prudently market production to the mutual benefit of the lessee and the lessor. As a general rule, the minimum value of production for royalty purposes is the gross proceeds received under an arm’s-length contract for the sale of production in marketable condition, less applicable allowances. Please note that this may not be the case if your Indian lease is in an index zone. Please see index zone valuation in Chapter 3 of this handbook for further information.
2.5.1 Lease Language
The specific language in each lease instrument dictates how lessees must report and pay royalties. For example, under the lease language below, the lessee pays a fixed annual amount for gas, per well, regardless of the volume of gas produced.
Under the following lease language, the lessee values royalties based on the amount they receive, less transportation and processing allowances under ONRR’s regulations.
Royalty - To pay a royalty of 20 percent of the value or amount of all oil, gas, and/or natural gasoline, and/or all other hydrocarbon substances produced and saved from the land leased herein, save and except oil, and/or gas used by the lessee for development and operation purposes on said lease, which oil and gas shall be royalty-free. During the period of supervision, "value" for the purposes hereof may, in the discretion of the Secretary[emphasis added], be calculated on the basis of the highest price paid or offered (whether calculated on the basis of short or actual volume) at the time of production for the major portion of the oil of the same gravity, and gas, and/or natural gasoline, and/or all other hydrocarbon substances produced and sold from the field where the leased lands are situated, and the actual volume of the marketable product less the content of foreign substances as determined by the oil and gas supervisor. The actual amount realized by the lessee from the sale of said products, may, in the discretion of the Secretary[emphasis added], be deemed mere evidence of or conclusive evidence of such value. When paid in value, such royalties shall be due and payable monthly on the last day of the calendar month following the calendar month in which produced, when royalty on oil produced is paid in kind, such royalty oil shall be delivered in tanks provided by the lessee on the premises where produced without cost to the lessor unless otherwise agreed to by the parties thereto at such times as may be required by the lessor. Provided, that the lessee shall not be required to hold such royalty oil in storage longer than 30 days after the end of the calendar month in which said oil is produced. And Provided further, That the lessee shall be in no manner responsible or held liable for loss or destruction of such oil in storage caused by acts of God. All rental and royalty payments, except as provided in section 9(a) and 4(c) shall be made by check or draft drawn on a solvent bank, open for the transaction of business on the day check or draft is issued, to the BUREAU OF INDIAN AFFAIRS. It is understood that in determining the value for royalty purposes of products, such as natural gasoline, that are derived from treatment of gas, a reasonable allowance for the cost or manufacture shall be made, such allowance to be two-thirds of the value of the marketable product unless otherwise determined by the Secretary of the Interior[emphasis added] on application of the lessee or on his own initiative, and that royalty will be computed on the value of gas or casinghead gas, or on the products thereof (such as residue gas, natural gasoline, propane, butane, etc.), whichever is greater.
Those concepts are: secretarial discretion, accounting for comparison or dual accounting, and major portion. This chapter will introduce each concept and specific examples will be provided in Chapter 3 - Oil Valuation, and Chapter 4 - Gas Valuation.
2.5.2 Secretarial Discretion Language
If a lease instrument contains language giving the Secretary of the Interior discretion to determine value, lessees must value the royalty share of production from that lease under ONRR’s regulations under 30 CFR 1202 and 30 CFR 1206.
2.5.3 Major Portion
Many Indian leases contain a “major portion provision,” indicating that the lessee must use a value representative of the highest price paid for the majority of production in a field or area for the royalty share, whether the lessee received that price or not. The following lease language with emphasis added is an example of a major portion provision:
“During the period of supervision, "value" for the purposes hereof may, in the discretion of the Secretary, be calculated on the basis of the highest price paid or offered (whether calculated on the basis of short or actual volume) at the time of production for the major portion of the oil of the same gravity, and gas, and/or natural gasoline, and/or all other hydrocarbon substances produced and sold from the field where the leased lands are situated, and the actual volume of the marketable product less the content of foreign substances as determined by the oil and gas supervisor.”
ONRR defines Major Portion for oil under 30 CFR §1206.51 as follows:
Major Portion Price means the highest price paid or offered at the time of production for the major portion of oil produced from the same designated area for the same crude oil type.
There are differences between major portion prices under ONRR’s Indian Oil and Indian Gas regulations. This handbook will address Indian oil and Indian gas major portion in detail and provide specific examples in Chapter 3 - Oil Valuation and Chapter 4 - Gas Valuation.
2.5.4 Dual Accounting/Accounting for Comparison
Many Indian leases require accounting for comparison, or “dual accounting.” The following lease language, with emphasis, requires accounting for comparison:
“… and that royalty will be computed on the value of gas or casinghead gas, or on the products thereof (such as residue gas, natural gasoline, propane, butane, etc.), whichever is the greater.”
Dual accounting may not be the only requirement of your lease. Section 2.5.5 addresses other elements of your lease provisions including Index Zone Pricing, Arm’s-Length Dedicated Contracts, and Safety Net. Please read the complete details of your lease to be sure you meet all the provisions in it.
2.5.5 Indian Gas Valuation Basics
The best way to ensure that you are reporting and paying royalties correctly on Indian gas production is to begin with your lease terms. If your lease terms do not contain language giving the Secretary of the Interior discretion to determine value or reference the valuation regulations at 1206, then the value for royalty purposes is calculated using the specific language within your lease.
If your lease terms do contain language giving the Secretary of the Interior discretion to determine value or reference the valuation regulations at 1206, then you will use ONRR’s regulations to determine whether your lease is subject to index-zone or non-index-zone valuation.
2.5.5.1 Index-Zone Valuation
The regulations under 30 CFR §1206.171, governing Indian gas valuation, define an index zone as follows:
Index zone means a field or an area with an active spot market and published indices applicable to that field or area that are acceptable to ONRR under 30 CFR §1206.172(d)(2).
The regulations define index-pricing points as “any point on a pipeline for which there is an index.”
You must value your Indian gas production using the index-zone method under 30 CFR §1206.172 if your lease is located in an index zone and your lease either has a major portion provision, or provides for the Secretary of the Interior to determine the value of production, whether or not you received the index price. Index-zone values only apply to the hydrocarbon components of your gas stream.
ONRR published a list of tribes and counties in each index zone in the Federal Register. See 64 FR 66771 – November 30, 1999
ONRR also published a list of index price points used in each index-zone price calculation. See 76 FR 37828 – June 28, 2011.
The map to the right shows the locations of Indian gas index zones. The following table delineates which Designated Areas are in Index and Non-Index Zones.
| Designated Area | Index Zone | Non-Index Zone |
|---|---|---|
| Alabama/Coushatta | ||
| Blackfeet Reservation | X | |
| Crow Reservation | X | |
| Fort Belknap Reservation | X | |
| Fort Berthold Reservation | X | |
| Fort Peck Reservation | X | |
| Jicarilla Apache Reservation | San Juan Basin | |
| North Cheyenne Reservation | X | |
| Rocky Boys Reservation | X | |
| Southern Ute Reservation | San Juan Basin | |
| Turtle Mountain Reservation | X | |
| Ute Mountain Ute Reservation | San Juan Basin | |
| ^Uintah and Ouray Reservation | Central Rocky Mountain | |
| Wind River Reservation | Northern Rocky Mountain | |
| **Oklahoma Zone 1 | Oklahoma Zone 1 | |
| **Oklahoma Zone 2 | Oklahoma Zone 2 | |
| **Oklahoma Zone 3 | Oklahoma Zone 3 | |
| ***Navajo Allotted on the Navajo Reservation | X | |
| Navajo Tribal on the Navajo Reservation | San Juan Basin |
2.5.5.2 Arm's-Length Dedicated Contracts
The first safeguard built into index-zone valuation is the provision addressing arm’s-length dedicated contracts. ONRR’s regulations under 30 CFR §1206.171 define dedicated as:
Dedicated means a contractual commitment to deliver gas production (or a specified portion of production) from a lease or well when that production is specified in a sales contract and that production must be sold pursuant to that contract to the extent that production occurs from that lease or well.
Dedicated gas sales occur before the index-pricing point. If you sell your production under an arm’s-length dedicated contract, you must:
- Determine your gross proceeds under 30 CFR §1206.174(b)
- Compare the gross proceeds value to the index-based value (including dual accounting)
- Pay royalties on the higher of the above two values
2.5.5.3 Safety Net Calculation
The second safeguard built into index-zone valuation regulations is the provision under 30 CFR §1206.172(e) addressing safety net calculations.
The safety net calculation is used to capture potential additional royalty value when the first arm’s-length sale by a lessee or a lessee’s affiliate takes place downstream of the first index pricing point (generally outside of the index zone).
The safety net price is:
- a volume-weighted average contract price per delivered MMBtu
- based only on arm’s-length sales beyond the first index-pricing point
- for production from leases in the same index zone
- not reduced by the lessee’s transportation costs
- not reduced by costs associated with placing production into marketable condition or to market the gas.
Under 30 CFR §1206.172 (e) (4) (i), lessees must also determine the safety net differential (SND) for each month for each index zone.
The following is the formula for calculating the SND:
SND = [(0.80 x S) - (1.25 x I)]
Where: S = safety-net price and I = index-zone price
Additional royalties are due if the safety net differential is positive.
By June 30 following each calendar year, lessees must calculate, for each month of the calendar year, a safety net price and safety net differential. Then, lessees must submit the results to ONRR using Form ONRR-4411.
This handbook will address both dedicated contracts and safety net calculations in detail and provide specific examples in Chapter 4 - Gas Valuation.
2.5.5.4 Non-Index-Zone Valuation (Major Portion)
ONRR designated twelve areas that are not subject to index-zone valuation. These non-index-based pricing areas are reflected in the following map*
Value Indian gas produced from non-index-zone designated areas under 30 CFR §1206.174. Lessees must initially report the current month’s value using the regulations under 30 CFR §1206.174(b) or (c), depending on whether the transaction is arm’s length or non-arm’s length.
ONRR calculates the major portion price approximately eighteen months after the lessee’s initial reporting. If your sales price was less than the ONRR calculated major portion price, you must submit adjustments valuing your gas at the major portion price. If your sales price was higher than the ONRR calculated major portion price, do not adjust your reporting.
ONRR notifies lessees of the major portion values and due dates in the Federal Register, as well as through ONRR’s electronic messaging system. In addition, ONRR’s Marketing and Spatial Analysis group publishes major portion values.
In a non-index zone, a company cannot properly fulfill its dual accounting requirement until the major portion prices along with the due date is published in the Federal Register and published on www.onrr.gov
2.5.6 Indian Oil Valuation Basics
The new Indian Oil regulations took effect July 1, 2015. Information for Indian Oil is divided into production after July 1, 2015 and production before July 1, 2015.
2.5.6.1 Production After July 1, 2015
On May 1, 2015, based on consensus from the Indian Oil Negotiated Rulemaking Committee, ONRR amended the regulations governing the valuation of oil produced from Indian leases (80 FR 24779 (May 1, 2015)), effective for production beginning July 1, 2015. ONRR also published new reporting requirements for Indian oil valuation.
ONRR published two Dear Reporter Letters in 2015 that detail the new valuation rule:
- May 15, 2015 (covering the new rule) and
- August 21, 2015 (clarification of inadvertently described land descriptions as they pertain to the North Fort Berthold and South Fort Berthold Designated Areas).
For each of the sixteen designated areas, the value of oil for royalty purposes is the higher of the two options identified below:
- Your price based on gross proceeds (less any applicable transportation)
-OR-
- The Index-Based Major Portion (IBMP) price
The IBMP price is calculated by using the New York Mercantile Exchange (NYMEX) Calendar Month Average (CMA) and adjusting this value for a designated area-specific Location and Crude Type Differential (LCTD).
2.5.6.2 Production Before July 1, 2015
Report your actual gross proceeds and allowable transportation costs separately. Use the sales type code (ARMS or NARM) based on your sales contract. Use product code 01 for all crude types. ONRR will send out orders with instructions to amend reporting if the major portion price is above your reported gross proceeds less applicable transportation.
2.5.7 The ONRR Royalty Equation
For valuation purposes, royalty is due on the volume of production, multiplied by the unit value of production, multiplied by the royalty rate. Allowances are reported separately except under specific circumstances.
| Royalty Equation Variable | Explanation |
|---|---|
| Volume | The volume of oil, gas, condensate, or other production measured at the agency-approved point of royalty settlement. The units you should report to ONRR for each product are addressed later in this chapter. |
| Unit Value | The per-unit price that you apply to the royalty-bearing volume. |
| Royalty Rate | You can find the royalty rate specific to your property in your lease. |
| Allowable Transportation & Processing Costs | ONRR’s regulations allow you to deduct certain costs of transportation and processing from the royalties due. Costs of placing production into marketable condition cannot be deducted from the lessor’s royalty share. See Chapters 3,4, 6, and 7 of this handbook for further information. |
2.5.8 Arm's-Length Contracts
ONRR’s regulations define arm’s-length contracts under 30 CFR §1206.51 for Indian oil and §1206.171 for Indian gas. Arm’s-length contracts are contracts or agreements that were arrived at in the marketplace between independent, non-affiliated persons with opposing economic interests regarding those contracts.
The lessee has the burden to prove that a contract is arm’s length. The lessee must show that the contract was negotiated at arm’s length and that the parties operating under the contract have an arm’s-length relationship during the month of production. That is, even if a contract was negotiated at arm’s length, if, during the production month, the parties to the contract don’t have an arm’s-length relationship, the contract is not considered arm’s length. Further, if the parties to a contract are related by blood or marriage, the contract is automatically considered non-arm’s length.
When determining whether a contract is arm’s length, you should first look at ownership and control between the parties to the contract. If there is more than 50% ownership or operational control (shown in this bar graph in blue) between the parties, the presumption is that a non-arm’s-length transaction has taken place. If there is less than 10% ownership or operational control, the presumption is that an arm’s-length transaction has occurred. If the degree of ownership or operational control falls between 10% and 50%, additional factors need to be considered to establish whether the transaction is arm’s length or non-arm’s length. These additional considerations include:
- Common officers between entities, or members of the Board of Directors
- Percentage ownership and voting securities
- The owners’ participation in day-to-day operations
ONRR may also consider other factors to determine whether a contract is arm’s length or non-arm’s length, including evaluating the process of negotiating the contract (e.g., were the negotiations difficult or complex?); examining specific contract terms (e.g., does the contract evidence fair market practices?); and considering whether the contract includes any type of index pricing as a basis for value.
2.5.9 Gross Proceeds
Under no circumstances can value be less than the gross proceeds received by a lessee under its contract, whether that contract is arm’s length or non-arm’s length. The criteria can be found under 30 CFR §1206.52 (a) for Indian oil. The gross proceeds on which a valuation determination is made include all consideration passing between the buyer and seller for production from Indian leases, whether that consideration is in the form of money or any other form of value.
For example, if a small scale, “hobby” oil and gas operator produces a nominal amount of oil from its leasehold and sells it to a neighbor at arm’s length for a negotiated price of $50, two tickets to a theater play, and a bushel of peaches that the neighbor grew on his organic farm, the gross proceeds for that transaction (“total monies and other consideration”) would be:
- $50, plus
- The value of the theater tickets, plus
- The market value of the bushel of peaches
Gross proceeds include reimbursements paid to the lessee for severance and ad valorem taxes as well as any payments to the lessee for certain services, such as placing the lease production into marketable condition, to the extent that the lessee is obligated to perform such services at no cost to the Indian lessor. (See “Marketable condition” in section 2.5.4 for more information.). Also, reimbursements received by lessees from purchasers for certain production-related costs are part of the lessee’s gross proceeds.
Gross proceeds also include all prices or benefits to which a lessee is legally entitled under the terms of the contract, even if the lessee fails to take proper or timely action to secure such benefits.
2.5.10 Values Based on Contracts and Agreements
The value of production for royalty purposes must be based on the highest price the lessee can receive through legally enforceable claims under its contract under 30 CFR §1206.52(f). If the lessee fails to take proper or timely action to receive prices or benefits that are authorized by the contract, the lessee must pay royalty at a value based on the obtainable price or benefit, unless the contract has been revised or amended. Revisions or amendments to contracts must be in writing and signed by all parties to that contract.
Contract disputes. If a purchaser unilaterally reduces contract prices and the lessee takes documented, timely action to force compliance, the lessee may compute royalties on the actual price received until the dispute is resolved. An example of unilateral price reduction would be when a purchaser imposes a market-out price under a contract that does not contain any market-sensitive price provisions.
Likewise, if the lessee makes documented, timely application for a price increase or benefit entitled by the contract but the purchaser refuses, and the lessee takes reasonable measures to force compliance, the lessee does not owe additional royalties unless or until monies or consideration resulting from a price increase or benefit are received under 30 CFR §1206.52(f).
When a dispute is settled, royalty is owed on any additional amount the lessee receives and is due by the end of the month following the month the additional amount is collected.
All actions taken by the lessee to enforce compliance must be documented. However, any action taken by the lessee to enforce compliance must be taken as soon as the lessee knows or should reasonably know that compliance measures should be employed to comply with these regulations.
Late purchaser payments. If a purchaser fails to pay whether in whole, in part, or timely for a quantity of production removed from the lease or unitized or communitized area, the lessee’s obligation to pay royalties on the volume removed at the time of removal is not suspended. For example, if a purchaser removes production from a lease and payment is not received by the time the lessee must report and pay royalties, the lessee must still report the volume removed from the lease and pay royalties on that volume. In those cases where the lessee is not paid by the purchaser, royalties are determined based on the price established by the contract for arm’s-length sales or on a value determined under the benchmark system for non-arm’s-length sales.
2.5.11 Like-Quality Production
When Indian production is not sold under an arm’s-length contract (that is, production is disposed of under non-arm’s-length or no sales conditions), value of that production is based, in part, on the value of like-quality production sold under arm’s-length contracts in the same field or area where the leased lands are situated. Like-quality production (or lease products) is defined under 30 CFR §§1206.51 and 1206.171 as production or products having similar chemical, physical, and legal characteristics.
For valuation purposes, like-quality oil is oil that has similar American Petroleum Institute (API) gravity, sulfur content, paraffin (wax) content, heavy metals components, pour point, and other characteristics. Like-quality gas is gas that has similar methane, NGL, and non-hydrocarbon gas content (sulfur dioxide, helium, nitrogen, carbon dioxide, etc.). Generally, like-quality production will be other production from the same field or area. However, only production that is similar in quality will be used to determine value.
2.6 Unitization and Communitization
Unitization agreements, also known as units, are established to provide for the unified development and operation of an entire geologic structure or area so that drilling and production can proceed in the most efficient and economical manner.
Production from a unit is normally allocated to each tract of unitized land within the controlling participating area(s) (PA) on a surface-acreage basis, a volumetric basis, or a combination of these and/or other factors. For royalty purposes, all oil and gas produced from a federally-approved unit must be allocated to the participating federal or Indian leases under the allocation requirements contained in the unit agreement. Lessees or operating rights owners are responsible for paying royalties on the volume of production established in the agreement allocation schedule. Value of the allocated volumes is determined by lease terms and regulations.
Communitization agreements (CAs) are agreements established to allow the development of separate tracts that could not be fully and independently developed and operated because of limitations imposed by established well spacing programs. Communitization is required in order to conform with non-optional spacing patterns established by state order.
Production under a CA is normally allocated to a federal or Indian tract(s) within the CA based on the ratio of the surface acreage of the tract(s) to the total surface acreage within the CA. For royalty purposes, all oil and gas produced from a federally-approved CA must be allocated to the communitized federal or Indian tract(s) under the allocation requirements contained in the CA. Lessees or operating rights owners are responsible for paying royalties on the volume of production established in the agreement allocation schedule. Value of the allocated volumes is determined by lease terms and regulations.
2.6.1 Royalty on Agreement Production
If a lessee or operating rights owner of a lease that is committed to a federally-approved unit or CA does not actually take the proportionate share of production allocated to the lease under the terms of the agreement, the full share of production attributable to the lease is nonetheless subject to royalty under 30 CFR §§1202.100(e)(1) and 1202.555(c). In other words, royalty on production allocated to an Indian lease is due when the production is removed from the lease, unit, or CA, regardless of who takes that production. Lessees must pay royalties on the volume of production allocated to the Indian lease. Volume is determined at the BLM-approved point-of-royalty settlement (RMP) as specified in the approved allocation schedule or commingling approval in effect for the production month.
Lessees or operating rights owners must report and pay royalties on all allocated production from the lease. If a lessee or operating rights owner fails to pay royalties on all allocated production, they will have violated the lease/agreement terms.
A lessee or operating rights owner must report and pay royalties on an agreement. For mixed agreements, the lessee or operating rights owner must report and pay royalties based on the volume of production sold or removed from the agreement allocated to its lease under the approved allocation schedule (entitlements), no matter who takes the production. For example, assume total oil sales from an agreement with one Indian lease and one state lease with each lease receiving a 50-percent allocation, is 100 barrels. If the lessee or operating rights owner owns 50 percent of the Indian lease but takes all 100 barrels, they must report and pay royalties on 25 barrels. The other operating rights owner(s) in the Indian lease must report and pay royalties on the remaining 25 barrels.
2.6.2 Royalty Payments on Agreement Production
When a lessee or operating rights owner takes less than its full share of allocated production for any given month, but royalties are paid based on its full share, no additional royalty is due for prior periods when the lessee or operating rights owner subsequently takes more than its share to balance its account or when the lessee or operating rights owner is paid a sum of money by the other agreement participants to balance its account.
For instance: A lessee is entitled to take 1,000 barrels (bbl) of oil as its allocated share for a given month. The lessee actually takes 200 bbl for that month, but pays royalties on the full allocated share (1,000 bbl) of oil under the allocation and valuation methods under 30 CFR §§1202 and 1206, respectively. When the lessee later balances its account at a price per unit that is higher (or lower) than the price per unit upon which royalties were paid, no adjustment to prior period royalties is necessary.
2.6.3 Alternative Agreement Valuation Methods
If a lessee or operating rights owner cannot comply with the valuation method established for agreement production, the lessee or operating rights owner may request to use alternative valuation methods.
The first provision, under 30 CFR §1202.100(e), allows any individual lessee or operating rights owner taking less than its proportionate share of production to request approval from ONRR to use a method different from that method described in “Royalty on agreement production” in section 2.6.2. This alternative method must be consistent with the purpose of the regulations. Use of an alternative valuation method under these particular regulations is not dependent on the use of this same method by all other lessees or operating rights owners that are a party to the unit or CA.
The second provision, under 30 CFR §§1202.100(f) and 1202.551(c), allows the lessee or operating rights owner to request approval from ONRR to use an alternative method, provided that the method is consistent with statutes and lease and agreement terms.
Lessees or operating rights owners are permitted to use this alternative method under these conditions:
- All interest owners (including royalty interest owners, where practical) are given notice and an opportunity to comment on the proposed valuation method before it is authorized; and
- All interest owners (including royalty interest owners, where practical) agree to use the proposed valuation method for valuing production from the unit or CA for royalty purposes.
- The proposed alternative cannot reduce the royalty obligation that would otherwise be due.
- Lessees or operating rights owners must apply to and receive approval from the Program Manager, Royalty Valuation, ONRR before using the requested method to report royalties.
2.7 Deduction of Transportation and Processing Allowances
Reasonable, actual transportation and/or processing allowances are recognized deductions from the value of production under 30 CFR §§1206.56, 1206.177, and 1206.179. Allowances are not deductions from royalties and must be reported separately on the Report of Sales and Royalty Remittance (Form ONRR-2014). The lessee must first establish the value of production, then deduct the allowances from that value.
Transportation and processing allowances must be reported separately to ONRR using transaction codes (TCs) 11 and 15, respectively, on the Form ONRR-2014. See the Minerals Revenue Reporter Handbook for specific reporting instructions. The following table outlines the requirements for arm’s-length and non-arm’s-length transportation and processing allowance form filing:
| Arm's Length | Non-Arm's-Length |
|---|---|
| - No forms required. - Must submit transportation and processing contracts and all subsequent amendment(s) within 2 months of claiming allowance. | - Form ONRR-4110 Oil Transportation Allowance Report. - Form ONRR-4295 Gas Transportation Allowance Report. - Form ONRR-4109 Gas Processing Allowance Report. - Must submit actual cost data on allowance form within 3 months after the end of the allowance year or allowance period, whichever is sooner. |
2.8 Marketable Condition
Royalty is due on production that is in marketable condition; that is, production sufficiently free of impurities and in a condition that is accepted by a purchaser under a sales contract typical for the field or area. The lessee is responsible for placing lease production in marketable condition at no cost to the lessor unless otherwise provided in the lease agreement or applicable regulation under 30 CFR §1206.55 (Indian oil) and §1206.171 (Indian gas).
2.8.1 The Components of Marketable Condition
Marketable condition typically includes the following four components:
- Compression: encompasses the process of raising the pressure of gas. This process is defined within ONRR’s regulations under 30 CFR §1206.171 (Indian gas).
- Gathering: includes the movement of lease production to a central accumulation and/or treatment point (often referred to as the central accumulation point, or CAP). This location can be sited either on or off the lease, unit, or communitized area as approved by the BLM. It is important to keep in mind that ONRR’s definition of gathering 30 CFR §1206.171 (Indian gas) is more limited in scope and application than the definition used by most of the oil and gas industry. Further, transportation does not start until after the central accumulation point as designated by the BLM.
- Dehydration: involves the removal of unwanted water or water vapor from the product stream. There is no regulatory definition for dehydration, but this specification is often a component part of a contract or purchasing agreement between the lessee and a third party.
- Sweetening or Treatment: incorporates the processes necessary to remove or reduce “acid gases” such as hydrogen sulfide (H2S) and carbon dioxide (CO2) from the production stream. Although these components are often deemed waste products, that is not always the case. As with dehydration, there is no regulatory definition for sweetening, but this specification is generally a condition of a contract or purchasing agreement between the lessee and a third party.
A series of quality specifications required by the mainline pipeline that transports the product to any of the various markets across the country establish marketable condition. For example, mainline pipeline(s) have an established maximum quantity of acid gases, water vapor, or other objectionable matter, and a pressure requirement for gas to enter the pipeline. It is these specifications that deem what is and is not marketable condition along the subject pipeline. Keep in mind that each marketable condition requirement is independent of the others. For example, gas may be in marketable condition with regard to pressure, but not for water content or sweetening.
The following diagram shows some of the equipment used to meet some of the marketable condition requirements. The top row shows those processes that ONRR may allow as deductions; the bottom row shows those activities that are never allowed as deductions under ONRR regulations:
2.8.2 Gas in Marketable Condition at the Wellhead
In rare instances, gas at the wellhead meets marketable condition requirements without the need for additional gathering, sweetening, dehydration, or compression. However, if a lessee claims that its product is in marketable condition based on the wellhead specifications (or any specification other than a high-pressure pipeline), the lessee has the burden to show that there is a real and active market for the production in that condition.
Further, the fact that the gas can be sold untreated at the wellhead does not mean that it is in marketable condition at the wellhead.
2.8.3 Gas Sold to Multiple Markets
It is not uncommon to have multiple markets for gas within a particular field or area. These separate and distinct markets may call for differing degrees of conditioning (compression, dehydration, and sweetening) in order to satisfy pipeline specifications and requirements for each unique market. In these situations, gas must be placed into the marketable condition that is required for the market that it actually serves, even if other markets in the same location have less stringent requirements.
As an example, let us review the following image that has one gas well (identified by the sunburst to the left) with production being sent along the system to two separate gas plants and three separate mainline pipelines that have varying pressure requirements (from 600 psi at the tailgate of Gas Plant B, to 800 and 1,000 psi at the two mainlines at the tailgate of Plant A):
If the lessee of this well sells all of its production into each of the three markets, the lessee would be obligated to abide by the pressure requirements of each of the three pipeline pressure specifications: some production would have to enter the pipeline to Market 1 at 800 psi, some production would have to enter the pipeline to Market 2 at 1,000 psi, and some production would have to enter the pipeline to Market 3 at 600 psi. In particular, even though production is being processed from the same gas plant, the lessee must allocate costs based on the volume of gas sent to each pipeline. The lessee must determine marketable condition for each of these three markets.
The lessee is also obligated to market the production to the mutual benefit of the lessor and the lessee, whether the lessee uses its own employees to perform marketing services or pays another company to provide such services. If the purchaser incurs costs to market the production, the lessee cannot reduce the sales price to compensate the purchaser for those marketing costs. Neither can the lessee pay another entity for marketing services and deduct the costs of those services from the royalty value.
2.8.4 Allowable Costs
Placing production in marketable condition includes the physical handling and treatment of production such as gathering, measuring, separating, compressing, sweetening, and dehydrating. If the lease’s gross proceeds are reduced by any costs associated with handling or treating production, the gross proceeds must be increased by the amount of such deductions. However, certain costs may be permitted as either a transportation or processing allowance. Lessees must follow the procedures explained in the allowance chapters of this handbook.
A lessee is also not required to place production into marketable condition more than once at the lessee’s expense, or to condition its production beyond specifications at the lessee’s expense. ONRR will allow for transportation costs only if such handling exceeds those services necessary to place production into marketable condition required under 30 CFR §1206.55 for Indian oil.
2.9 Indian Forms
| Form | Title | CFR Citation |
|---|---|---|
| Form ONRR-4109 | Gas Processing Allowance Report | 30 CFR §1206.180 |
| Form ONRR-4110 | Oil Transportation Allowance Report | 30 CFR §1206.58 |
| Form ONRR-4295 | Gas Transportation Allowance Report | 30 CFR §1206.178 |
| Form ONRR-4411 | Safety Net Report | 30 CFR §1206.172 |
2.10 Abbreviations
| Acronym | Explanation |
|---|---|
| API | American Petroleum Institute |
| BIA | Bureau of Indian Affairs |
| BLM | Bureau of Land Management |
| BTFA | Bureau of Trust Funds Administration |
| Btu | British Thermal Unit - One Btu is the heat required to raise the temperature of one pound of water by one degree Fahrenheit |
| CA | Communitization Agreement |
| CAP | Central accumulation point |
| CFR | Code of Federal Regulations |
| CO2 | Carbon dioxide |
| DOI | United States Department of the Interior |
| F | Degrees Fahrenheit |
| FERC | Federal Energy Regulatory Commission |
| He | Helium |
| H2S | Hydrogen Sulfide |
| IBLA | Interior Board of Land Appeals |
| IBMP | Index Based Major Portion (price) |
| LCTD | Location and Crude Type Differential |
| Mcf | 1,000 cubic feet |
| MMBtu | 1,000,000 British thermal units (Btu) |
| N | Nitrogen |
| OCS | Outer Continental Shelf |
| OGOR | Oil and Gas Operations Report - Form ONRR-4054 |
| OCSLA | Outer Continental Shelf Lands Act |
| ONRR | Office of Natural Resources Revenue |
| PA | Participating area |
| PC | Product Code |
| PSI | Pounds per square inch |
| PSIA | Pounds per square inch actual |
| PSIG | Pounds per square inch gauge |
| RMP | Royalty Measurement Point/Point of Royalty Settlement |
| TC | Transaction Code |
2.11 Product Codes
Please note that Condensate (PC 02) is not a new product code for Indian valuation. However, ONRR will calculate an IBMP for condensate in each designated area where condensate is reported.
Chapter 3 - Indian Oil Valuation
Last Updated: March 18, 2020
This chapter describes Indian oil valuation in greater detail than covered in Chapter 2, “Valuation Basics” and provides example scenarios. The guidance in this chapter applies to all Indian leases that either: (1) contain a major portion provision or (2) provide that the Secretary of the Interior may establish value; (with the exception of leases in Osage County, Oklahoma).
In those cases where the valuation regulations are inconsistent with the valuation provisions in the lease, the lease terms, including those that have been modified by subsequent agreements, govern the valuation to the extent of the inconsistency under 30 CFR §§1202.100(b)(3) and 1202.555(c).
Many Indian leases include a provision whereby the Indian lessor has the option of taking production in kind. If you need help reporting production taken in kind, please contact royaltyvaluation@onrr.gov, for assistance.
Osage Leases are governed by 25 CFR Part 226. ALWAYS refer to your lease document for information on valuing production.
The timing of your production determines how to value oil produced from Indian lands. You must value all oil produced after July 1, 2015, using the rule published May 1, 2015 in 80 FR 24794. ONRR refers to this current oil valuation rule as the “Index-Based Major Portion (IBMP) Price.”
You must value Indian oil produced prior to July 1, 2015, using the 1988 regulations, as amended on December 17, 2007 in 72 FR 71231. ONRR refers to this older oil valuation method as “Oil Major Portion (MP).” This chapter will address both the 2015 rule and the regulations in effect prior to 2015.
- 3.1 Valuation of Oil Produced After July 1, 2015
- 3.2 Examples for Oil Produced After July 1, 2015
- 3.3 Valuation of Oil Produced Before July 1, 2015
- 3.4 Special Oil Valuation Situations
- 3.5 Terms
Throughout this handbook, the term "you" will be used to refer to a lessee, operator, or other person legally responsible for paying royalties under 30 CFR Chapter XII, Subchapter A.
3.1 Valuation of Oil Produced After July 1, 2015
As stated above, you must value all oil produced after July 1, 2015, using 30 CFR 1206 Subpart B. For a given month, the value of oil for royalty purposes is the higher of:
- Gross Proceeds (less allowable transportation)
- Index-Based Major Portion (IBMP) Price (no transportation allowance).
Each month, ONRR publishes an IBMP price for the previous month’s production. The prices are posted at Indian Oil Major Portion Prices.
Under audit, you will be required to show that you: 1) compared you gross proceeds, less allowable transportation, to the IBMP price, and 2) that you reporter and paid on the higher of the two.
3.1.1 Comparing Gross Proceeds and IBMP Prices
In order to calculate your gross proceeds, you first need to determine whether or not you are selling your oil under an arm’s-length or non-arm’s-length contract. If you sell your oil under an arm's-length contract, under 30 CFR §1206.52, the value of your Indian oil is the gross proceeds accruing to you under that arm's-length contract, less allowable transportation costs. If you sell your oil under a non-arm's-length contract, under 30 CFR §1206.53, the value of your oil is the volume-weighted average of the gross proceeds paid or received by you or your affiliate, including your refining affiliate, for purchases or sales under arm's-length contracts, less applicable allowances.
Once you calculate your gross proceeds under the regulations above, you will compare those values with the IBMP price for the same crude type and designated area that ONRR published on its website for the same production month.
If your per barrel gross proceeds price, net of allowable transportation, is higher than the IBMP price, report and pay royalties on your gross proceeds. If the IBMP price is higher than your per barrel gross proceeds price, report and pay royalties on the IBMP price, even if you did not (or could not) sell oil for that price.
The general order of determining royalties will be:
- Determine the designated area
- Determine the crude type
- Calculate your gross proceeds
- Find the IBMP price on onrr.gov
- Report and pay on the higher of steps 3 and 4
For example, assume that your gross proceeds calculations, net of allowable transportation, resulted in a value of $85 per barrel for July, 2015. For the July, 2015 production month, the ONRR-published IBMP price for your crude type and designated area was $83 per barrel. Because the IBMP price was lower than your calculated gross proceeds, you would report and pay royalties on $85 per barrel. In this case, you should report allowable transportation costs that you incur separately as a transportation allowance. The table below summarizes the information.
| Month/Year | Gross Proceeds | IBMP | Higher of Gross Process and IBMP | Report separate transportation allowance? |
|---|---|---|---|---|
| July 2015 | $85 | $83 | $85 | Yes |
Alternatively, assume that your gross proceeds, net of allowable transportation, resulted in a value of $81 per barrel for July 2015. For the July 2015 production month, the ONRR-published IBMP price for your crude type and designated area was $83 per barrel. Because the IBMP price, net of transportation, was higher than your calculated gross proceeds, you would report and pay royalties on $83 per barrel. The table below summarizes the information.
| Month/Year | Gross Proceeds | IBMP | Higher of Gross Process and IBMP | Report separate transportation allowance? |
|---|---|---|---|---|
| July 2015 | $81 | $83 | $83 | No |
You may deduct your actual transportation costs when you pay on gross proceeds. The IBMP price is adjusted for transportation.
3.1.1.1 Designated Areas
The price you use to value your oil produced from Indian lands depends on the top hole location of your well, i.e. where your production surfaced. Generally, designated areas are identified by reservation boundaries, including any off-reservation allotments or dependent Indian communities, where location and crude types are similar to each other.
There are 16 designated areas ONRR identifies as unique in the table below. If you have questions concerning which designated area your lease is in, please contact royaltyvaluation@onrr.gov.
| Designated Area | Description |
|---|---|
| Alabama/Coushatta | The reservation boundary, including any off-reservation allotments or dependent Indian communities. |
| Blackfeet | The reservation boundary, including any off-reservation allotments or dependent Indian communities. |
| Crow | The reservation boundary, including any off-reservation allotments or dependent Indian communities. |
| Fort Peck | The reservation boundary, including any off-reservation allotments or dependent Indian communities, including all lands within the Fort Peck Reservation boundary and the Turtle Mountain public domain lease lands administered by the Fort Peck Agency of the BIA. |
| Jicarilla Apache | The reservation boundary, including any off-reservation allotments or dependent Indian communities. |
| North Fort Berthold | All lands within the Fort Berthold Reservation boundary north of the Missouri River, including the Turtle Mountain public domain lease lands north of the Missouri River that the Fort Berthold Agency of the Bureau of Indian Affairs (BIA) administers, with the dividing line of the Missouri River being the county lines that follow the Missouri River. |
| Oklahoma* | One statewide area encompassing all oil production on trust lands, excluding Osage County. *For Oklahoma IBMP price only, account for a plus/minus roll. The roll is defined under 30 CFR §1206.51. |
| Isabella (Saginaw Chippewa) | The reservation boundary, including any off-reservation allotments or dependent Indian communities. |
| South Fort Berthold | All lands within the Fort Berthold Reservation boundary south of the Missouri River, including the Turtle Mountain public domain lease lands south of the Missouri River that the Fort Berthold Agency of the BIA administers, with the dividing line of the Missouri River being the county lines that follow the Missouri River. |
| Southern Ute | The reservation boundary, including any off-reservation allotments or dependent Indian communities. |
| The Navajo Nation | The reservation boundary, including any off-reservation allotments or dependent Indian communities. |
| Turtle Mountain | The reservation boundary, including any off-reservation allotments or dependent Indian communities, including all lands within the Turtle Mountain Reservation and the Turtle Mountain public domain lease lands administered by the Turtle Mountain Agency of the BIA. |
| Uintah & Ouray(Uintah & Grand) | The reservation boundary, including any off-reservation allotments or dependent Indian communities located within Emery, Uintah and Grand Counties, Utah. |
| Uintah & Ouray(Duschesne) | The reservation boundary, including any off-reservation allotments or dependent Indian communities located within Duchesne, Wasatch and Carbon Counties, Utah. |
| Ute Mountain Ute | The reservation boundary, including any off-reservation allotments or dependent Indian communities. |
| Wind River | The reservation boundary, including any off-reservation allotments or dependent Indian communities. |
3.1.1.2 Crude Type
To accurately calculate the IBMP price, ONRR must use like quality oil. ONRR relies on lessees to report the type of oil produced from their Indian leases. The crude type is based on, among other things, API gravity and sulfur content. There are six crude types, each with a unique product code, captured in the table below.
| Product Code | Crude Type |
|---|---|
| 02 | Condensate |
| 61 | Sweet Crude |
| 62 | Sour Crude |
| 63 | Asphaltic |
| 64 | Black Wax |
| 65 | Yellow Wax |
3.1.2 Sales Type Codes
If your gross proceeds, less allowable transportation, are higher than the IBMP price, select either the ARMS or NARM sales type code based on your transaction.
If the IBMP price is higher than your gross proceeds, less allowable transportation, use OINX as your sales type code.
| Sales Type Code | Description |
|---|---|
| ARMS | Arm’s-length transactions |
| NARM | Non-arm’s-length transactions |
| RIKD | Royalty-in-kind deliveries |
| OINX | Oil valued using an index price |
3.2 Examples for Oil Produced After July 1, 2015
Intro – basic example for an arm’s-length sale of Indian oil. Assume that the lessee sells 1,000 barrels of oil in the sample month, which is also the volume measured for royalty-purposes. Also consider the following set of facts:
| Designated Area | PC 02 | PC 61 | PC 62 | PC 63 | PC 64 | PC 65 |
|---|---|---|---|---|---|---|
| South Fort Berthold | $36.82 | $43.56 | $37.88 | |||
| Uintah & Ouray - Duchesne County | $35.82 | $41.36 | $40.93 | $40.27 | $41.04 |
We will walk through the royalty calculation and reporting, completing the sample form ONRR-2014 Royalty Report fields shown below. While there are other required fields on the form ONRR-2014, these are the ones related to valuation
Form ONRR-2014 Royalty Report
| Product Code | Sales Volume | Sales Value | Sales Type Code | Royalty Value prior to Allowances | Transportation Allowance | Royalty Value less Allowances |
|---|
3.2.1 Example
Product Code
The product code is based on the type of oil being sold. In this example, we know that the crude is a light, sweet crude. Based on our list of product codes, we should use PC 61.
Sales Volume
In this example, we noted that the lessee is selling 1,000 bbls, which was what was measured for royalty. So, our sales volume is 1,000 bbls.
Sales Value
The sales value is the higher of 1) the lessee’s gross proceeds less transportation, or 2) the value using the IBMP price.
- Gross Proceeds = Sales Volume x Arm’s-Length Sales Price – Transportation Costs
- Gross Proceeds = (1,000 Bbls x $42.50) – (1,000 x $5)
- Gross Proceeds = $37,500
- IBMP Value = Sales Volume x IBMP Price
- IBMP Value = 1,000 Bbls x $43.56
- NOTE: The $43.56 price is pulled from the onrr.gov website, based on the location and type of crude
- IBMP Value = $43,560
In this case, the IBMP value is higher, so the lessee must pay royalty on the IBMP value.
Sales Type Code
Because the sales value reported and paid by the lessee is based on the IBMP price, the lessee should use sales type code OINX.
Royalty Value Prior to Allowances (RVPA)
- RVPA = Sales Value x Royalty Rate
- RVPA = $43,560 x 16 2/3 %
- RVPA = $7,257
Transportation Allowance
In this example, the lessee is paying using the IBMP price. The IBMP price is already adjusted for transportation costs, so the lessee should not take a transportation allowance.
Form ONRR-2014 Royalty Report
| Product Code | Sales Volume | Sales Value | Sales Type Code | Royalty Value prior to Allowances | Transportation Allowance | Royalty Value less Allowances |
|---|---|---|---|---|---|---|
| 61 | 1,000 | $43,560 | OINX | $7,257 | - | $7,257 |
3.2.2 Example
Assuming the same set of pricing facts in Example 3.2.1:
Product Code
The product code is based on the type of oil being sold. In this example, we know that the crude is a black wax. Based on our list of product codes, we should use PC 64.
Sales Volume
In this example, we noted that the lessee is selling 1,000 bbls, which was what was measured for royalty. So, our sales volume is 1,000 bbls.
Sales Value
The sales value is the higher of 1) the lessee’s gross proceeds less transportation, or 2) the value using the IBMP price.
- Gross Proceeds = Sales Volume x Arm’s-Length Sales Price – Transportation Costs
- Gross Proceeds = (1,000 Bbls x $46.00) – (1,000 x $5)
- Gross Proceeds = $41,000
- IBMP Value = Sales Volume x IBMP Price
- IBMP Value = 1,000 Bbls x $40.27
- NOTE: The $40.27 price is pulled from the onrr.gov website, based on the location and type of crude
- IBMP Value = $40,270
In this case, the gross proceeds value is higher, so the lessee must pay royalty on the gross proceeds value.
Sales Type Code
Because the sales value reported and paid by the lessee is based on the IBMP price, the lessee should use sales type code ARMS.
Royalty Value with Allowances (RVA)
- RVA = Sales Value x Royalty Rate – (Transportation Allowance x Royalty Rate)
- RVA = $46,000 x 16 2/3% - ($5,000 x 16 2/3%)
- RVA = $7,664 - $833
- RVA = $6,831
Transportation Allowance
In this example, the lessee is paying using the gross proceeds, so transportation is allowed.
- TA = 1000 bbl x $5/bbl x 16 2/3%
- TA = $5000 x 16 2/3%
- TA = $833
Form ONRR-2014 Royalty Report
| Product Code | Sales Volume | Sales Value | Sales Type Code | Royalty Value prior to Allowances | Transportation Allowance | Royalty Value less Allowances |
|---|---|---|---|---|---|---|
| 64 | 1,000 | $46,000 | ARMS | $7,664 | $833 | $6,831 |
3.2.3 Example
Assume that a lessee produces 50,000 bbls of oil, which it then refines at a refinery it owns. The lessee also purchases like-quality oil from other producers in the same field at arm's length for use as feedstock in its refinery. The oil produced from the lease that is being valued under this section is Wyoming general sour with an API gravity of 23.5°. In this example, assume that the refinery purchases at arm's-length oil (all of which must be Wyoming general sour) in the following volumes of the API gravities stated at the prices and locations indicated:
| Volume | API gravity | Price | Location |
|---|---|---|---|
| 10,000 bbl | 24.5° | $34.70/bbl | Purchased in the field. |
| 8,000 bbl | 24.0° | $34.00/bbl | Purchased at the refinery after the third-party producer transported it to the refinery, and the lessee does not know the transportation costs. |
| 9,000 bbl | 23.0° | $33.25/bbl | Purchased in the field. |
| 4,000 bbl | 22.0° | $33.00/bbl | Purchased in the field. |
Product Code
The product code is based on the type of oil being sold. The Product Code for Sour Crude is 62.
Sales Volume
The refiner will pay on all 50,000 barrels produced from its leases.
Sales Value
Because the lessee does not know the costs that the seller of the 8,000 bbl incurred to transport that volume to the refinery, that volume will not be included in the volume-weighted average price calculation. Further assume that the gravity adjustment scale provides for a deduction of $0.02 per 1⁄10 degree API gravity below 34°. Normalized to 23.5° (the gravity of the oil being valued in this example), the prices of each of the volumes that the refiner purchased that are included in the volume-weighted average calculation are as follows:
| Volume | API gravity | Price | Calc |
|---|---|---|---|
| 10,000 bbl | 24.5° | $34.70/bbl | (1.0° difference over 23.5° = $0.20 deducted). |
| 9,000 bbl | 23.0° | $33.25/bbl | (0.5° difference under 23.5° = $0.10 added). |
| 4,000 bbl | 22.0° | $33.00/bbl | (1.5° difference under 23.5° = $0.30 added). |
The volume-weighted average price is:
(10,000 bbl × $34.50/bbl) + (9,000 bbl × $33.35/bbl) + (4,000 bbl × $33.30/bbl)) / 23,000 bbl = $33.84/bbl.
That price will be the value of the 50,000 bbls of oil produced from the lease and refined prior to an arm's-length sale under this section.
Sales Type Code
Because this is a non-arm’s-length transaction, the sales type code will be NARM.
Royalty Value (RV)
- RV = Sales Value x Royalty Rate
- RV = 50,000 x $33.84 x 16 2/3%
- RV = $1,692,000 x 16 2/3%
- RV = $281,887.20
Transportation Allowance
When the value of your oil is based on the volume-weighted average of your arm's-length sales and/or purchases, the transportation allowance is determined under 30 CFR 1206.53(c): If you value oil under this section, ONRR will allow a deduction, under §§1206.56 and 1206.57 or §1206.58, for the reasonable, actual costs:
- That you incur to transport oil that you or your affiliate sell(s), which is included in the volume-weighted average price calculation, from the lease to the point where the oil is sold.
- That the seller incurs to transport oil that you or your affiliate purchase(s), which is included in the volume-weighted average cost calculation, from the property where it is produced to the point where you or your affiliate purchase(s) it. You may not deduct any costs of gathering as part of a transportation deduction or allowance.
Form ONRR-2014 Royalty Report
| Product Code | Sales Volume | Sales Value | Sales Type Code | Royalty Value prior to Allowances | Transportation Allowance | Royalty Value less Allowances |
|---|---|---|---|---|---|---|
| 62 | 50,000 | $1,692,000 | NARM | $281,887.20 | - | $281,887.20 |
3.3 Valuation of Oil Produced Before July 1, 2015
If you or your affiliate sell your oil under an arm's-length contract prior to refining, under 30 CFR §1206.52, the value of your oil is the gross proceeds accruing to you (or your affiliate) under that arm's-length contract, less applicable allowances. Report your actual gross proceeds and allowable transportation costs separately. For all arm’s-length sales, including your affiliate’s arm’s-length sales, use sales type code ARMS. If you or your affiliate do not sell your oil prior to refining, use the volume-weighted average of the gross proceeds paid or received for arm’s-length purchases and sales of other like-quality oil produced from the same field or area to determine the value for royalty purposes as described under 30 CFR §1206.53. If you or your affiliate do not sell the oil at arm’s length prior to refining and you determine value under 30 CFR §1206.53, use sales type code NARM.
3.4 Special Oil Valuation Situations
For case-specific guidance on unique Indian oil valuation situations, including reporting and valuation of slop oil, reclaimed oil, oil blending, or injecting load oil downhole for well maintenance, please contact royaltyvaluation@onrr.gov.
3.5 Terms
| Term | Definition |
|---|---|
| Designated Area | An area that ONRR identifies as unique based on both its location and crude type differential. Note that a location with two |
| IBMP Price | The Index-Based Major Portion (IBMP) Price is the NYMEX Calendar Month Average (CMA), adjusted by the LCTD for each designated area. This represents approximately the 75% major portion price for a designated area. |
| LCTD | Location and Crude Type Differentials (LCTD) adjust NYMEX prices to account for transportation costs and crude types for each designated area. |
| MP | Major Portion |
| NYMEX CMA | The New York Mercantile Exchange (NYMEX) Calendar Month Average (CMA) reflects the average price of West Texas Intermediate (WTI) crude for all trade days within a calendar month. |
| Roll | For Oklahoma IBMP price only, account for a plus/minus roll(NYMEX CMA Price +/‐ Roll) x (1 - LCTD)The roll is defined under 30 CFR §1206.51. |
Form ONRR-2014 Product Codes
A Brief History Leading up to the Current Indian Oil Rule
The Minerals Management Service (MMS), published proposed rules for Indian oil valuation in February 1998 and in January 2000. MMS subsequently withdrew each of these proposed rules because of market changes and the passage of time. In addition, MMS held eight public meetings in 2005 to consult with Indian Tribes and Indian mineral owners and to obtain information from interested parties. MMS published a third rule in February 2006. Tribal and industry commenters on the 2006 proposed rule did not agree on most issues regarding oil valuation, and none of the commenters supported the major portion provisions. In 2006, the Royalty Policy Committee’s Indian Oil Valuation Subcommittee evaluated the proposed rule, but was unable to reach consensus about how the Department of the Interior should proceed. Thus, MMS decided to make only technical amendments to the existing Indian oil valuation regulations. MMS published a final rule addressing the technical amendments on December 17, 2007.
The preamble to that final rule stated MMS’s intent to convene a committee to address the major portion provisions for the valuation of oil produced from Indian leases. Major portion means the highest price paid or offered at the time of production for the major portion of oil production from the same field or area. The major portion provision applies for any Indian leases that (1) provide that the Secretary has the authority to establish value or (2) that the Secretary may consider the highest price paid or offered for a major portion of production in determining value for royalty purposes.
MMS became the Office of Natural Resources Revenue (ONRR) on October 1, 2010. On December 8, 2011, ONRR published a Notice of Establishment in the Federal Register that created the committee, authorized and established under the Federal Advisory Committee Act, to make recommendations to replace existing regulations governing the valuation of oil on American Indian lands. The Secretary of the Interior (Secretary) signed the charter on December 23, 2011.
The Secretary’s federal trust responsibility mandates that ONRR establish regulations concerning Indian oil valuation, including the duty to maximize revenue for Indian Tribes and Indian mineral owners. ONRR kept in mind that any action by the United States in relation to Indian-owned trust property, including Indian minerals, must be that of a trustee who must act in a manner that is in the best interest of the Indian owner. The Secretary must choose the alternative that most benefits the Indian mineral owner, based on the responsibility to maximize revenue, when faced with more than one reasonable alternative.
Within the context of the Secretary’s federal trust responsibility, the purpose of the rulemaking process was to ensure that Indian lessors receive maximum revenues from their mineral resources, as required by statute and the trust responsibility of the United States, while also developing regulations that offer greater simplicity, certainty, clarity and consistency in production valuation for mineral revenue recipients and mineral lessees. The committee finished their work in September 2013 by reaching consensus on recommendations for a new rule. ONRR published the final rule in the Federal Register on May 1, 2015, effective July 1, 2015.
The final rule established formula prices based on the calendar month average price for West Texas Intermediate crude oil at Cushing, Oklahoma, less a location and crude type differential. This establishes a price for Indian oil at the designated areas (in most cases, the reservation). These prices are the Index Based Major Portion (IBMP) prices. The committee defined designated areas as the reservation boundary with a few exceptions. The reason for the exceptions were either geographic obstacles and/or lack of infrastructure to get the Indian oil to market. However, the rule allows for ONRR to re-visit these exceptions in the future. ONRR calculates a monthly Indian oil price for each different crude type in each designated area. For example, ONRR calculated 34 different oil prices for October 2018. The value of Indian oil for royalty purposes is the higher of the gross proceeds price for the sale of Indian crude oil under a company’s contract less transportation, if applicable, or the IBMP price, already adjusted for allowable transportation.
