30 CFR 1206.364 - How do I request a value or gross proceeds determination?
(a) You may request a value determination from ONRR regarding any geothermal resources produced from a Class I lease or for byproducts produced from a Class I, Class II, or Class III lease. You may also request a gross proceeds determination for a Class II or Class III lease. Your request must:
(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 your proposed gross proceeds calculation or valuation method.
(b) In response to your request:
(1) The Assistant Secretary, Policy, Management and Budget, may issue a determination; or
(2) ONRR may issue a determination; or
(i) Requests for guidance on hypothetical situations; and
(ii) Matters that are the subject of pending litigation or administrative appeals.
(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, pay the royalties owed together with late payment interest computed under § 1218.302 of this chapter.
(d) A determination issued by ONRR is binding on ONRR and delegated States, but not on you, with respect to the specific situation addressed in the determination unless ONRR (for ONRR-issued determinations) or the Assistant Secretary modifies or rescinds it.
(2) If you receive an order requiring you to pay royalty on the same basis as the determination, you may appeal that order under 30 CFR part 1290.
(f) A change in an applicable statute or regulation on which any determination is based takes precedence over the determination after the effective date of the statute or regulation, regardless of whether ONRR or the Assistant Secretary modifies or rescinds the determination.
(1) There was a misstatement or omission of material facts; or
(2) The facts subsequently developed are materially different from the facts on which the guidance was based.
- 30 CFR 1206.356 — How Do I Calculate Royalty or Fees Due on Geothermal Resources I Use for Direct Use Purposes?
- 30 CFR 1206.350 — What Is the Purpose of This Subpart?
- 30 CFR 1206.352 — How Do I Calculate the Royalty Due on Geothermal Resources Used for Commercial Production or Generation of Electricity?