30 CFR 1206.258 - How do I request a valuation determination?
(1) Be in writing;
(3) Completely explain all relevant facts. You must inform ONRR of any changes to relevant facts that occur before we respond to your request;
(4) Include copies of all relevant documents;
(5) Provide your analysis of the issue(s), including citations to all relevant precedents (including adverse precedents); and
(6) Suggest a proposed valuation method.
(b) In response to your request, ONRR may:
(1) Request that the Assistant Secretary for Policy, Management and Budget issue a determination;
(2) Decide that ONRR will issue guidance; or
(i) Requests for guidance on hypothetical situations; or
(ii) Matters that are the subject of pending litigation or administrative appeals.
(1) A determination that the Assistant Secretary for Policy, Management and Budget signs is binding on both you and ONRR until the Assistant Secretary modifies or rescinds it.
(2) After the Assistant Secretary issues a determination, you must make any adjustments in royalty payments that follow from the determination and, if you owe additional royalties, you must pay any additional royalties due, plus late payment interest calculated under § 1218.202 of this chapter.
(1) Guidance and ONRR's decision whether or not to issue guidance or to request an Assistant Secretary determination, or neither, under paragraph (b) of this section, are not appealable decisions or orders under 30 CFR part 1290.
(2) If you receive an order requiring you to pay royalty on the same basis as the guidance, you may appeal that order under 30 CFR part 1290.
(e) ONRR or the Assistant Secretary may use any of the applicable criteria in this subpart to provide guidance or to make a determination.
(f) A change in an applicable statute or regulation on which ONRR based any guidance, or the Assistant Secretary based any determination, takes precedence over the determination or guidance after the effective date of the statute or regulation, regardless of whether ONRR or the Assistant Secretary modifies or rescinds the guidance or determination.
- 30 CFR 1206.261 — How Do I Determine a Transportation Allowance if I Have an Arm's-Length Transportation Contract or No Written Arm's-Length Contract?
- 30 CFR 1206.252 — How Do I Calculate Royalty Value for Coal That I or My Affiliate Sell(s) Under an Arm's-Length or Non-Arm's-Length Contract?
- 30 CFR 1206.268 — How Do I Determine Washing Allowances if I Have an Arm's-Length Washing Contract or No Written Arm's-Length Contract?