30 CFR 1206.251 - Definitions.

§ 1206.251 Definitions.
Ad valorem lease means a lease where the royalty due to the lessor is based upon a percentage of the amount or value of the coal.
Allowance means a deduction used in determining value for royalty purposes. Coal washing allowance means an allowance for the reasonable, actual costs incurred by the lessee for coal washing. Transportation allowance means an allowance for the reasonable, actual costs incurred by the lessee for moving coal to a point of sale or point of delivery remote from both the lease and mine or wash plant.
Area means a geographic region in which coal has similar quality and economic characteristics. Area boundaries are not officially designated and the areas are not necessarily named.
Arm's-length contract means a contract or agreement that has been arrived at in the marketplace between independent, nonaffiliated persons with opposing economic interests regarding that contract. For purposes of this subpart, two persons are affiliated if one person controls, is controlled by, or is under common control with another person. For purposes of this subpart, based on the instruments of ownership of the voting securities of an entity, or based on other forms of ownership:
(a) Ownership in excess of 50 percent constitutes control;
(b) Ownership of 10 through 50 percent creates a presumption of control; and
(c) Ownership of less than 10 percent creates a presumption of noncontrol which ONRR may rebut if it demonstrates actual or legal control, including the existence of interlocking directorates.
Notwithstanding any other provisions of this subpart, contracts between relatives, either by blood or by marriage, are not arm's-length contracts. The ONRR may require the lessee to certify ownership control. To be considered arm's-length for any production month, a contract must meet the requirements of this definition for that production month as well as when the contract was executed.
Audit means a review, conducted in accordance with generally accepted accounting and auditing standards, of royalty payment compliance activities of lessees or other interest holders who pay royalties, rents, or bonuses on Federal leases.
BLM means the Bureau of Land Management of the Department of the Interior.
Coal means coal of all ranks from lignite through anthracite.
Coal washing means any treatment to remove impurities from coal. Coal washing may include, but is not limited to, operations such as flotation, air, water, or heavy media separation; drying; and related handling (or combination thereof).
Contract means any oral or written agreement, including amendments or revisions thereto, between two or more persons and enforceable by law that with due consideration creates an obligation.
Gross proceeds (for royalty payment purposes) means the total monies and other consideration accruing to a coal lessee for the production and disposition of the coal produced. Gross proceeds includes, but is not limited to, payments to the lessee for certain services such as crushing, sizing, screening, storing, mixing, loading, treatment with substances including chemicals or oils, and other preparation of the coal to the extent that the lessee is obligated to perform them at no cost to the Federal Government. Gross proceeds, as applied to coal, also includes but is not limited to reimbursements for royalties, taxes or fees, and other reimbursements. Tax reimbursements are part of the gross proceeds accruing to a lessee even though the Federal royalty interest may be exempt from taxation. Monies and other consideration, including the forms of consideration identified in this paragraph, to which a lessee is contractually or legally entitled but which it does not seek to collect through reasonable efforts are also part of gross proceeds.
Lease means any contract, profit-share arrangement, joint venture, or other agreement issued or approved by the United States for a Federal coal resource under a mineral leasing law that authorizes exploration for, development or extraction of, or removal of coal—or the land covered by that authorization, whichever is required by the context.
Lessee means any person to whom the United States issues a lease, and any person who has been assigned an obligation to make royalty or other payments required by the lease. This includes any person who has an interest in a lease as well as an operator or payor who has no interest in the lease but who has assumed the royalty payment responsibility.
Like-quality coal means coal that has similar chemical and physical characteristics.
Marketable condition means coal that is sufficiently free from impurities and otherwise in a condition that it will be accepted by a purchaser under a sales contract typical for that area.
Mine means an underground or surface excavation or series of excavations and the surface or underground support facilities that contribute directly or indirectly to mining, production, preparation, and handling of lease products.
Net-back method means a method for calculating market value of coal at the lease or mine. Under this method, costs of transportation, washing, handling, etc., are deducted from the ultimate proceeds received for the coal at the first point at which reasonable values for the coal may be determined by a sale pursuant to an arm's-length contract or by comparison to other sales of coal, to ascertain value at the mine.
Net output means the quantity of washed coal that a washing plant produces.
Netting is the deduction of an allowance from the sales value by reporting a one line net sales value, instead of correctly reporting the deduction as a separate line item on the Form ONRR-4430.
Person means by individual, firm, corporation, association, partnership, consortium, or joint venture.
Sales type code means the contract type or general disposition (e.g., arm's-length or non-arm's-length) of production from the lease. The sales type code applies to the sales contract, or other disposition, and not to the arm's-length or non-arm's-length nature of a transportation or washing allowance.
Spot market price means the price received under any sales transaction when planned or actual deliveries span a short period of time, usually not exceeding one year.
[54 FR 1523, Jan. 13, 1989, as amended at 55 FR 35433, Aug. 30, 1990; 61 FR 5479, Feb. 12, 1996; 64 FR 43288, Aug. 10, 1999; 66 FR 45769, Aug. 30, 2001; 73 FR 15891, Mar. 26, 2008]

Title 30 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 25 - INDIANS

§ 396 - Leases of allotted lands for mining purposes

§ 396a - Leases of unallotted lands for mining purposes; duration of leases

§ 396b - Public auction of oil and gas leases; requirements

§ 396c - Lessees of restricted lands to furnish bonds for performance

§ 396d - Rules and regulations governing operations; limitations on oil or gas leases

§ 396e - Officials authorized to approve leases

§ 396f - Lands excepted from leasing provisions

§ 396g - Subsurface storage of oil or gas

§ 397 - Leases of lands for grazing or mining

§ 398 - Leases of unallotted lands for oil and gas mining purposes

§ 398a - Leases of unallotted lands for oil and gas mining purposes within Executive order Indian reservations

§ 398b - Proceeds from rentals, royalties, and bonuses; disposition

§ 398c - Taxes

§ 398d - Changes in boundaries of Executive order reservations

§ 398e - Applications for permits to prospect for oil and gas filed under other statutes; disposition

§ 399 - Leases of unallotted mineral lands withdrawn from entry under mining laws

§ 400 - Leases for mining purposes of reserved and unallotted lands in Fort Peck and Blackfeet Indian Reservations

§ 400a - Lease for mining purposes of land reserved for agency or school; disposition of proceeds; royalty

§ 401 - Leases for mining purposes of unallotted lands in Kaw Reservation

§ 402 - Leases of surplus lands

§ 402a - Lease of unallotted irrigable lands for farming purposes

§ 403 - Leases of lands held in trust

§ 403a - Lease of lands on Port Madison and Snohomish or Tulalip Indian Reservations in Washington

25 U.S. Code § 332, 333 - Repealed.

25 U.S. Code § 332, 333 - Repealed.

§ 403b - Lease of restricted lands in State of Washington

§ 403c - Identity of lessor; period of lease

§ 404 - Sale on petition of allottee or heirs

§ 405 - Sale of allotment of noncompetent Indian

§ 406 - Sale of timber on lands held under trust

§ 407 - Sale of timber on unallotted lands

§ 407a to 407c - Omitted

§ 407d - Charges for special services to purchasers of timber

§ 408 - Surrender of allotments by relinquishment for benefit of children

§ 409 - Sale of lands within reclamation projects

§ 409a - Sale of restricted lands; reinvestment in other restricted lands

§ 410 - Moneys from lease or sale of trust lands not liable for certain debts

§ 411 - Interest on moneys from proceeds of sale

§ 412 - Payment of taxes from share of allottee in tribal funds

§ 412a - Exemption from taxation of lands subject to restrictions against alienation; determination of homestead

§ 413 - Fees to cover cost of work performed for Indians

§ 414 - Reservation of minerals in sale of Choctaw-Chickasaw lands

§ 415 - Leases of restricted lands

§ 415a - Lease of lands of deceased Indians for benefit of heirs or devisees

§ 415b - Advance payment of rent or other consideration

§ 415c - Approval of leases

§ 415d - Lease of restricted lands under other laws unaffected

§ 416 - Leases of trust or restricted lands on San Xavier and Salt River Pima-Maricopa Indian Reservations for public, religious, educational, recreational, residential, business, farming or grazing purposes

§ 416a - Lease provisions

§ 416b - Development pursuant to lease

§ 416c - Lease of lands of deceased Indians for benefit of heirs or devisees

§ 416d - Advance payment of rent or other consideration

§ 416e - Approval of leases

§ 416f - Dedication of land for public purposes

§ 416g - Contract for water, sewerage, law enforcement, or other public services

§ 416h - Zoning, building, and sanitary regulations

§ 416i - Restrictions

§ 416j - Mission San Xavier del Bac

§ 2101 - Definitions

§ 2102 - Minerals Agreements

§ 2103 - Secretary’s determination on Minerals Agreements

§ 2104 - Secretary’s review of prior Minerals Agreements

§ 2105 - Effect of other provisions

§ 2106 - Assistance to tribes or individuals during Minerals Agreement negotiations

§ 2107 - Regulations; consultation with Indian organizations; pending agreements

§ 2108 - Tribal right to develop mineral resources

U.S. Code: Title 30 - MINERAL LANDS AND MINING

§ 181 - Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved

§ 182 - Lands disposed of with reservation of deposits of coal, etc.

§ 183 - Cancellation of prospecting permits

§ 184 - Limitations on leases held, owned or controlled by persons, associations or corporations

§ 184a - Authorization of States to include in agreements for conservation of oil and gas resources lands acquired from United States

§ 185 - Rights-of-way for pipelines through Federal lands

§ 186 - Reservation of easements or rights-of-way for working purposes; reservation of right to dispose of surface of lands; determination before offering of lease; easement periods

§ 187 - Assignment or subletting of leases; relinquishment of rights under leases; conditions in leases for protection of diverse interests in operation of mines, wells, etc.; State laws not impaired

§ 187a - Oil or gas leases; partial assignments

§ 187b - Oil or gas leases; written relinquishment of rights; release of obligations

§ 188 - Failure to comply with provisions of lease

§ 188a - Surrender of leases

§ 189 - Rules and regulations; boundary lines; State rights unaffected; taxation

§ 190 - Oath; requirement; form; blanks

§ 191 - Disposition of moneys received

§ 191a - Late payment charges under Federal mineral leases

§ 191b - Collection of unpaid and underpaid royalties and late payment interest owed by lessees

§ 192 - Payment of royalties in oil or gas; sale of such oil or gas

§ 192a - Cancellation or modification of contracts

§ 192b - Application to contracts

§ 192c - Rules and regulations governing issuance of certain leases; disposition of receipts

§ 193 - Disposition of deposits of coal, and so forth

§ 193a - Preference right of United States to purchase coal for Army and Navy; price for coal; civil actions; jurisdiction

§ 194 - Repealed.

§ 195 - Enforcement

§ 196 - Cooperative agreements; delegation of authority

§ 351 - Definitions

§ 352 - Deposits subject to lease; consent of department heads; lands excluded

§ 353 - Sale of lands unaffected; reservation of mineral rights; sale subject to prior lease; naval petroleum reserves unaffected

§ 354 - Lease of partial or future interests in deposits

§ 355 - Disposition of receipts

§ 356 - Furnishing description of lands and title documents; recordation of documents; authenticated copies

§ 357 - State or local government rights; taxation

§ 358 - Rights under prior leases; priority of pending applications; exchange of leases

§ 359 - Rules and regulations

§ 360 - Authority to manage certain mineral leases

§ 1001 - Definitions

§ 1002 - Lands subject to geothermal leasing

§ 1002a - Repealed.

§ 1003 - Leasing procedures

§ 1004 - Rents and royalties

§ 1005 - Lease term and work commitment requirements

§ 1006 - Acreage limitations

§ 1007 - Readjustment of lease terms and conditions

§ 1008 - Byproducts

§ 1009 - Relinquishment of geothermal rights

§ 1010 - Suspension of operations and production

§ 1011 - Termination of leases

§ 1012 - Waiver, suspension, or reduction of rental or royalty

§ 1013 - Surface land use

§ 1014 - Lands subject to geothermal leasing

§ 1015 - Requirement for lessees

§ 1016 - Administration

§ 1017 - Unit and communitization agreements

§ 1018 - Data from Federal agencies

§ 1019 - Disposal of moneys from sales, bonuses, rentals, and royalties

§ 1020 - Publication in Federal Register; reservation of mineral rights

§ 1021 - Federal exemption from State water laws

§ 1022 - Prevention of waste; exclusivity

§ 1023 - Rules and regulations

§ 1024 - Inclusion of geothermal leasing under certain other laws

§ 1025 - Federal reservation of certain mineral rights

§ 1026 - Significant thermal features

§ 1027 - Land subject to prohibition on leasing

§ 1028 - Hot dry rock geothermal energy

§ 1701 - Congressional statement of findings and purposes

§ 1702 - Definitions

U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 43 - PUBLIC LANDS

§ 1301 - Definitions

§ 1302 - Resources seaward of Continental Shelf

§ 1303 - Amendment, modification, or repeal of other laws

§ 1331 - Definitions

§ 1332 - Congressional declaration of policy

§ 1333 - Laws and regulations governing lands

§ 1334 - Administration of leasing

§ 1335 - Validation and maintenance of prior leases

§ 1336 - Controversies over jurisdiction; agreements; payments; final settlement or adjudication; approval of notice concerning oil and gas operations in Gulf of Mexico

§ 1337 - Leases, easements, and rights-of-way on the outer Continental Shelf

§ 1338 - Disposition of revenues

§ 1338a - Moneys received as a result of forfeiture by Outer Continental Shelf permittee, lessee, or right-of-way holder; return of excess amounts

§ 1339 - Repealed.

§ 1340 - Geological and geophysical explorations

§ 1341 - Reservation of lands and rights

§ 1342 - Prior claims as unaffected

§ 1343 - Repealed.

§ 1344 - Outer Continental Shelf leasing program

§ 1345 - Coordination and consultation with affected State and local governments

§ 1346 - Environmental studies

§ 1347 - Safety and health regulations

§ 1348 - Enforcement of safety and environmental regulations

§ 1349 - Citizens suits, jurisdiction and judicial review

§ 1350 - Remedies and penalties

§ 1351 - Oil and gas development and production

§ 1352 - Oil and gas information program

§ 1353 - Federal purchase and disposition of oil and gas

§ 1354 - Limitations on export of oil or gas

§ 1355 - Restrictions on employment of former officers or employees of Department of the Interior

§ 1356 - Documentary, registry and manning requirements

§ 1356a - Coastal impact assistance program

§ 1801 - Congressional findings

§ 1802 - Congressional declaration of purposes