§1206.350. What is the purpose of this subpart?
30 C.F.R. § 1206.350
This subpart applies to all geothermal resources produced from Federal geothermal leases issued pursuant to the Geothermal Steam Act of 1970 (GSA), as amended by the Energy Policy Act of 2005 (EPAct) (30 U.S.C. 1001 et seq.). The purpose of this subpart is to prescribe how to calculate royalties and direct use fees for geothermal production.
ONRR may audit and order you to adjust all royalty and fee payments. ONRR or an authorized State may require you to provide records for the audit by one or more of the methods specified in 30 CFR 1217.10.
In some cases, the regulations in this subpart may be inconsistent with a statute, settlement agreement, written agreement, or lease provision. If this happens, the statute, settlement agreement, written agreement, or lease provision will govern to the extent of the inconsistency. For purposes of this paragraph, the following definitions apply:
“Settlement agreement” means a settlement agreement between the United States and a lessee resulting from administrative or judicial litigation.
“Written agreement” means a written agreement between the lessee and the ONRR Director or Assistant Secretary, Policy, Management and Budget of the Department of the Interior that:
Establishes a method to determine the royalty from any lease that ONRR expects at least would approximate the value or royalty established under this subpart; and
Includes a value or gross proceeds determination under § 1206.364 of this subpart.
Notes, amendments, and revision history
Amendments
[72 FR 24459, May 2, 2007, as amended at 88 FR 53792, Aug. 9, 2023]
Source
Source: 72 FR 24459, May 2, 2007, unless otherwise noted.
Authority
Authority: 5 U.S.C. 301 et seq., 25 U.S.C. 396, 396a et seq., 398, 398a et seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001 et seq., 1701 et seq.; 43 U.S.C. 1301 et seq., 1331 et seq., and 1801 et seq.
Source
Source: 48 FR 35641, Aug. 5, 1983, unless otherwise noted. Redesignated at 75 FR 61069, Oct. 4, 2010.
Amendments
[72 FR 24459, May 2, 2007, as amended at 88 FR 53792, Aug. 9, 2023]