[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Proposed Rules]
[Pages 43735-43737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20873]



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DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Parts 206 and 260

RIN 1010-AB93


Bidding Systems for Leases in the Outer Continental Shelf

AGENCY: Minerals Management Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Minerals Management Service (MMS) proposes an amendment to 
change the bidding systems for newly issued leases under the Outer 
Continental Shelf Lands Act (OCSLA). Four modifications of the existing 
alternative bidding systems are proposed that could lower the minimum 
prescribed royalty rate charged on newly issued Federal offshore leases 
from 12\1/2\ per centum to a rate greater than zero per centum; allow 
operating allowances in determining receipts subject to royalty rate; 
suspend or defer royalty for periods, volumes, or values of production; 
and extend the functional forms for calculating royalty rates under 
variable rate systems to include product prices as well as value and 
amount of production with the ability to apply different functional 
forms across time periods. The proposed rule does not affect existing 
leases.
    This proposed rulemaking results from a review of alternative 
leasing policies conducted by MMS with constituent input, consistent 
with the Vice-President's Reinventing Government initiative. In 
particular, this change will grant the Secretary of the Interior 
(Secretary) the flexibility to improve the way MMS provides service to 
its customers and its ability to manage OCS oil and gas resources for 
the benefit of the public.

DATES: Comments must be received or postmarked no later than October 
23, 1995 to be considered in this rulemaking.

ADDRESSES: Comments should be mailed or hand-carried to the Department 
of the Interior; Minerals Management Service; 381 Elden Street; Mail 
Stop 4700; Herndon, Virginia 22070-4817; Attention: Chief, Engineering 
and Standards Branch.

FOR FURTHER INFORMATION CONTACT:
Dr. Marshall Rose, Chief, Economic Evaluation Branch, telephone (703) 
787-1536.

SUPPLEMENTARY INFORMATION: Under the OCSLA, in section 8(a)(1), several 
bidding systems are authorized for new leases. The Secretary may grant 
a modification in the royalty rate to less than 12\1/2\ per centum upon 
application for existing leases. However, new leases are currently 
offered at a lease-specified royalty rate of no less than 12\1/2\ per 
centum, and it is for this class of leases that the proposed rule is 
applicable.
    The OCSLA also provides authority to modify any bidding system 
currently authorized by the act if the Secretary determines the 
modification to be useful to accomplish the purposes and policies of 
the act (section 8(a)(1)).
    MMS will consider using this more flexible royalty rate policy on 
specific types of new leases, including, but not limited to, those 
characterized by high development costs (deepwater leases in water 
depths of 200 meters or greater), relinquished tracts with qualifying 
wells but uneconomic reserves, or relinquished tracts that received 
high bonus bids but no exploration activity. Bidding systems that 
reflect a lower royalty than 12\1/2\ per centum are expected to 
increase competition for these tracts and, if discoveries are made, 
result in greater production in the future.
    The proposed regulatory change would initiate actions to allow 
modification of the minimum royalty rate from 12\1/2\ per centum of the 
production amount or value to an effectively lower rate for all or a 
part of the tract's productive life as described in the lease terms 
portion of a sale's final notice. This lower rate could be designated 
over the life of the lease as a constant or variable measure or emerge 
as a result of fulfilling specified conditions (e.g., no royalties due 
until production reaches a designated level or a predetermined capital 
cost allowance is recovered). Further, the basis for determining the 
royalty rate under variable terms is expanded to include resource price 
as a potential variable. Thus, a smaller royalty rate could apply 
during periods of lower average product prices, and the precise 
relationship could vary between periods. This expansion will allow use 
of a simple price-royalty rate formula when unit operating costs are 
constant and can be estimated with some precision.
    This proposed rule is the result of a review of alternate leasing 
policies conducted within MMS. MMS published a Federal Register Notice 
presenting possible alternate policies and received input from 
constituents, consistent with the Vice-President's Reinventing 
Government initiative.
    The proposed actions will enable MMS to set royalty terms at time 
of sale for new leases that will adjust dynamically to changing market 
conditions prevalent in the oil and gas industry during exploration, 
development, and production. These actions are expected to result in 
increased competition for newly offered Federal offshore tracts, 
thereby contributing to the assurance of receipt of fair market value 
on leased tracts. These actions are also expected to increase the 
likelihood that a newly leased tract will be explored and developed. In 
sum, this change will grant the Secretary the flexibility to improve 
the way MMS provides service to its customers and its ability to manage 
OCS oil and gas resources for the benefit of the public.

    Author: This document was prepared by Dr. Marshall Rose, Chief, 
Economic Revaluation Branch, MMS.

Executive Order (E.O.) 12866

    This rule was reviewed under E.O. 12866. The rule was determined to 
not be significant under the criteria of E.O. 12866.

Regulatory Flexibility Act

    The Department of the Interior (DOI) has determined that this 
proposed rule will not have a significant economic effect on a 
substantial number of small entities. Any direct effects of this 
rulemaking will primarily affect the Outer Continental Shelf (OCS) 
lessees and operators--entities that are not, by definition, small due 
to the technical complexities and financial resources necessary to 
conduct OCS activities. The indirect effect of this rulemaking on small 
entities that provide support for 

[[Page 43736]]
offshore activities have also been determined to be small.
Paperwork Reduction Act

    The information collection requirements contained in those parts of 
MMS's regulatory program affected by this rule by this rule have been 
approved by OMB under (44 U.S.C. 3501 et seq.). The forms, filing date, 
and approved OMB clearance numbers are identified in 30 CFR 210.10 and 
30 CFR 216.10.

Takings Implication Assessment

    The DOI certifies that this proposed rule does not represent a 
governmental action capable of interference with constitutionally 
protected property rights. A Takings Implication Assessment prepared 
pursuant to E.O. 12630, Government Action and Interference with 
Constitutionally Protected Property Rights, is not required.

E.O. 12778

    The DOI has certified to OMB that this proposed rule meets the 
applicable civil justice reform standards provided in Sections 2(a) and 
2(b)(2) of E.O. 12778.

National Environmental Policy Act

    The National Environmental Policy Act (NEPA) compliance for the 
proposed rule is covered by DOI procedures for implementing NEPA (516 
DM2, Appendix 1.10). In accordance with those procedures, MMS will 
examine the potential environmental effects of the proposed rule during 
NEPA review for each lease sale. This is appropriate because the 
potential environmental effects of the rule depend largely on how it is 
applied, and decisions on application would be made on a sale-by-sale 
basis.

List of Subjects

30 CFR Part 206

    Coal, Continental shelf, Geothermal energy, Government contracts, 
Indian lands, Mineral royalties, Natural gas, Petroleum, Public lands--
mineral resources, Reporting and recordkeeping requirements.

30 CFR Part 260

    Continental shelf, Government contracts, Mineral royalties, Oil and 
gas exploration, Public lands--mineral resources.

    Dated: May 12, 1995.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.

    For the reasons set forth in the preamble, 30 CFR parts 206 and 260 
are proposed to be amended as follows:

PART 206--PRODUCT VALUATION

    1. The authority citation for part 206 is revised to read as 
follows:

    Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 396 et seq., 396a et 
seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001 et 
seq., 1701 et seq.; 31 U.S.C. 9701; 43 U.S.C. 1301 se seq., 1331 et 
seq., and 1801 et seq.

    2. Section 206.106 of subpart C is added to read as follows:


Sec. 206.106  Operating allowances.

    Notwithstanding any other provisions in these regulations, an 
operating allowance may be used for the purpose of computing royalty 
obligations when provided for in the notice of an Outer Continental 
Shelf (OCS) lease sale. The allowance amount or formula shall be as 
specified in the notice of an OCS lease sale and in the lease 
agreement.
    3. Section 206.160 of subpart D is added to read as follows:


Sec. 206.160  Operating allowances.

    Notwithstanding any other provisions in these regulations, an 
operating allowance may be used for the purpose of computing royalty 
obligations when provided for in the notice of an OCS lease sale. The 
allowance amount or formula shall be as specified in the notice of an 
OCS lease sale and in the lease agreement.

PART 260--OUTER CONTINENTAL SHELF OIL AND GAS LEASING

    1. The authority citation for part 260 is revised to read as 
follows:

    Authority: 43 U.S.C. 1331 and 1337.

    2. Section 260.110 of subpart B is amended to revise paragraphs 
(a)(1)(iii), (2)(iii), (3)(i)(C)(4), and (iii) and to add new 
paragraphs (a) (5) and (6) to read as follows:


Sec. 260.110  Bidding systems.

    (a) * * *
    (1) * * *
    (iii) The annual rental to be paid by the highest responsible 
qualified bidder and any amounts creditable against future royalties 
shall be the amount specified in the notice of an OCS lease sale 
published in the Federal Register.
* * * * *
    (2) * * *
    (iii) Payment amounts shall be as specified in paragraph 
(a)(1)(iii) of this section.
* * * * *
    (3) * * *
    (i) * * *
    (C) * * *
    (4) The production period and inflation factor for purposes of 
determining value or amount of production shall be stated in the notice 
of an OCS lease sale that is published in the Federal Register. The 
procedures for making the inflation adjustment shall be stated in the 
notice of an OCS lease sale published in the Federal Register.
* * * * *
    (iii) Payment amounts shall be as specified in paragraph 
(a)(1)(iii) of this section.
* * * * *
    (5) Cash bonus bid with a variable royalty rate or rates during one 
or more production periods in amount or value of the production saved, 
removed or sold, and an annual rental. The royalties may be suspended 
or deferred for a period, volume, or value of production.
    (i) The royalty rate or rates to be paid by the highest responsible 
qualified bidder may be less than 12\1/2\ per centum, but greater than 
zero percentum, at the beginning of the lease period in the amount or 
value of production saved, removed or sold. The applicable royalty 
rate(s) and suspension or deferral magnitudes or formulas shall be 
specified in the notice of an OCS lease sale published in the Federal 
Register.
    (ii) Amount and payment of cash bonus under procedure shall be as 
specified in paragraph (a)(1)(ii) of this section.
    (iii) Payment amounts shall be as specified in paragraph 
(a)(1)(iii) of this section.
    (6) Cash bonus bid with a variable royalty rate or rates during one 
or more production periods in amount or value of the production saved, 
removed or sold, and an annual rental. The royalties may be suspended 
or deferred for a period, volume, or value of production.
    (i) The royalty rate or rates to be paid by the highest responsible 
qualified bidder shall be a percentage of the amount or value of the 
production saved, removed or sold. When the value of production is 
used, by unit or in aggregate, the basis for the prices to be applied 
shall be specified in the notice of an OCS lease sale published in the 
Federal Register.
    (A) The royalty rate shall be calculated by utilizing a formula or 

[[Page 43737]]
    schedule, which relates the royalty rate established thereby to the 
adjusted amount or indexed value of the oil and gas produced during 
designated production periods. The description of the formula or 
schedule shall include the relationship between adjusted or actual 
amount, indexed value, or indexed price of production, and the royalty 
rate, with a stipulation of the lowest royalty rate and highest royalty 
rate. The royalty rate formula or schedule and the suspension or 
deferral magnitudes or formulas shall be included in the lease document 
as executed.
    (B) The royalty rate formula or schedule and the suspension or 
deferral magnitudes or formulas shall be specified in the notice of an 
OCS lease sale published in the Federal Register.
    (C) Royalty payment calculation.
    (1) The royalty rate utilized in the calculation of royalty 
payments is based on an adjusted or indexed value, amount, or indexed 
price of production and is established through application of a formula 
or schedule during one or more designated production periods.
    (2) The adjusted indexed value or indexed price of production shall 
be determined by applying an inflation factor to the actual indexed 
value or indexed price of production.
    (3) The established royalty rate is applied to the actual value of 
production which results in the determination of amount in dollars to 
be paid to the United States by the person awarded the lease, or the 
amount of royalty oil and gas to be taken in kind by the United States.
    (4) The production period, inflation factor for purposes of 
determining value or amount of production, and procedures for making 
the inflation adjustment shall be stated in the notice of an OCS lease 
sale that is published in the Federal Register.
    (ii) Amount and payment of cash bonus under procedure shall be as 
specified in paragraph (a)(1)(ii) of this section.
    (iii) Payment amounts shall be as specified in paragraph 
(a)(1)(iii) of this section.
* * * * *
[FR Doc. 95-20873 Filed 8-22-95; 8:45 am]
BILLING CODE 4310-MR-M