30 CFR 1206.259 - Determination of washing allowances.

§ 1206.259 Determination of washing allowances.

(a)Arm's-length contracts.

(1) For washing costs incurred by a lessee under an arm's-length contract, the washing allowance shall be the reasonable actual costs incurred by the lessee for washing the coal under that contract, subject to monitoring, review, audit, and possible future adjustment. The lessee shall have the burden of demonstrating that its contract is arm's-length. ONRR's prior approval is not required before a lessee may deduct costs incurred under an arm's-length contract. The lessee must claim a washing allowance by reporting it as a separate line entry on the form ONRR-4430.

(2) In conducting reviews and audits, ONRR will examine whether the contract reflects more than the consideration actually transferred either directly or indirectly from the lessee to the washer for the washing. If the contract reflects more than the total consideration paid, then the ONRR may require that the washing allowance be determined in accordance with paragraph (b) of this section.

(3) If ONRR determines that the consideration paid pursuant to an arm's-length washing contract does not reflect the reasonable value of the washing because of misconduct by or between the contracting parties, or because the lessee otherwise has breached its duty to the lessor to market the production for the mutual benefit of the lessee and the lessor, then ONRR shall require that the washing allowance be determined in accordance with paragraph (b) of this section. When ONRR determines that the value of the washing may be unreasonable, ONRR will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee's washing costs.

(4) Where the lessee's payments for washing under an arm's-length contract are not based on a dollar-per-unit basis, the lessee shall convert whatever consideration is paid to a dollar value equivalent. Washing allowances shall be expressed as a cost per ton of coal washed.

(b)Non-arm's-length or no contract.

(1) If a lessee has a non-arm's-length contract or has no contract, including those situations where the lessee performs washing for itself, the washing allowance will be based upon the lessee's reasonable actual costs. All washing allowances deducted under a non-arm's-length or no contract situation are subject to monitoring, review, audit, and possible future adjustment. The lessee must claim a washing allowance by reporting it as a separate line entry on the form ONRR-4430. When necessary or appropriate, ONRR may direct a lessee to modify its estimated or actual washing allowance.

(2) The washing allowance for non-arm's-length or no contract situations shall be based upon the lessee's actual costs for washing during the reported period, including operating and maintenance expenses, overhead, and either depreciation and a return on undepreciated capital investment in accordance with paragraph (b)(2)(iv) (A) of this section, or a cost equal to the depreciable investment in the wash plant multiplied by the rate of return in accordance with paragraph (b)(2)(iv)(B) of this section. Allowable capital costs are generally those for depreciable fixed assets (including costs of delivery and installation of capital equipment) which are an integral part of the wash plant.

(i) Allowable operating expenses include: Operations supervision and engineering; operations labor; fuel; utilities; materials; ad valorem property taxes, rent; supplies; and any other directly allocable and attributable operating expense which the lessee can document.

(ii) Allowable maintenance expenses include: Maintenance of the wash plant; maintenance of equipment; maintenance labor; and other directly allocable and attributable maintenance expenses which the lessee can document.

(iii) Overhead attributable and allocable to the operation and maintenance of the wash plant is an allowable expense. State and Federal income taxes and severance taxes, including royalties, are not allowable expenses.

(iv) A lessee may use either paragraph (b)(2)(iv)(A) or (B) of this section. After a lessee has elected to use either method for a wash plant, the lessee may not later elect to change to the other alternative without approval of the ONRR.

(A) To compute depreciation, the lessee may elect to use either a straight-line depreciation method based on the life of equipment or on the life of the reserves which the wash plant services, whichever is appropriate, or a unit of production method. After an election is made, the lessee may not change methods without ONRR approval. A change in ownership of a wash plant shall not alter the depreciation schedule established by the original operator/lessee for purposes of the allowance calculation. With or without a change in ownership, a wash plant shall be depreciated only once. Equipment shall not be depreciated below a reasonable salvage value.

(B) ONRR shall allow as a cost an amount equal to the allowable capital investment in the wash plant multiplied by the rate of return determined pursuant to paragraph (b)(2)(v) of this section. No allowance shall be provided for depreciation. This alternative shall apply only to plants first placed in service or acquired after March 1, 1989.

(v) The rate of return must be the industrial rate associated with Standard and Poor's BBB rating. The rate of return must be the monthly average rate as published in Standard and Poor's Bond Guide for the first month for which the allowance is applicable. The rate must be redetermined at the beginning of each subsequent calendar year.

(3) The washing allowance for coal shall be determined based on the lessee's reasonable and actual cost of washing the coal. The lessee may not take an allowance for the costs of washing lease production that is not royalty bearing.

(c)Reporting requirements -

(1)Arm's-length contracts.

(i) The lessee must notify ONRR of an allowance based on incurred costs by using a separate line entry on the form ONRR-4430.

(ii) ONRR may require that a lessee submit arm's-length washing contracts and related documents. Documents shall be submitted within a reasonable time, as determined by ONRR.

(2)Non-arm's-length or no contract.

(i) The lessee must notify ONRR of an allowance based on the incurred costs by using a separate line entry on the form ONRR-4430.

(ii) For new washing facilities or arrangements, the lessee's initial washing deduction shall include estimates of the allowable coal washing costs for the applicable period. Cost estimates shall be based upon the most recently available operations data for the washing system or, if such data are not available, the lessee shall use estimates based upon industry data for similar washing systems.

(iii) Upon request by ONRR, the lessee shall submit all data used to prepare the allowance deduction. The data shall be provided within a reasonable period of time, as determined by ONRR.

(d)Interest and assessments.

(1) If a lessee nets a washing allowance on the form ONRR-4430, then the lessee shall be assessed an amount up to 10 percent of the allowance netted not to exceed $250 per lease sales type code per sales period.

(2) If a lessee erroneously reports a washing allowance which results in an underpayment of royalties, interest shall be paid on the amount of that underpayment.

(3) Interest required to be paid by this section shall be determined in accordance with § 1218.202 of this chapter.


(1) If the actual coal washing allowance is less than the amount the lessee has taken on form ONRR-4430 for each month during the allowance reporting period, the lessee shall pay additional royalties due plus interest computed under § 1218.202 of this chapter from the date when the lessee took the deduction to the date the lessee repays the difference to ONRR. If the actual washing allowance is greater than the amount the lessee has taken on form ONRR-4430 for each month during the allowance reporting period, the lessee shall be entitled to a credit without interest.

(2) The lessee must submit a corrected form ONRR-4430 to reflect actual costs, together with any payment, in accordance with instructions provided by ONRR.

(f)Other washing cost determinations. The provisions of this section shall apply to determine washing costs when establishing value using a net-back valuation procedure or any other procedure that requires deduction of washing costs.

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 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

§ 403a-1

§ 403a-2

§ 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


§ 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. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644

§ 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. Pub. L. 97–214, § 7(16), July 12, 1982, 96 Stat. 174

§ 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. Pub. L. 104–185, § 8(b), Aug. 13, 1996, 110 Stat. 1717

§ 1340 - Geological and geophysical explorations

§ 1341 - Reservation of lands and rights

§ 1342 - Prior claims as unaffected

§ 1343 - Repealed. Pub. L. 105–362, title IX, § 901(l)(1), Nov. 10, 1998, 112 Stat. 3290

§ 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

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