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26th Annual Indian Land Symposium Green Bay, Wisconsin August 16, 2016

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Presentation on theme: "26th Annual Indian Land Symposium Green Bay, Wisconsin August 16, 2016"— Presentation transcript:

1 26th Annual Indian Land Symposium Green Bay, Wisconsin August 16, 2016
Office of Natural Resources Revenue Thomas J. Piccirilli Manager, State and Indian Outreach

2 The Department of the Interior

3 ONRR: Who We Are Mission: ONRR’s mission is to collect, disburse, and verify Federal and Indian energy and other natural resource revenues on behalf of all Americans. Vision: ONRR’s vision is to be recognized as a world-class natural resources revenue management program, setting the standard for accountability and transparency. Dallas, TX Denver, CO Farmington, NM Houston, TX Oklahoma City, OK Tulsa, OK Washington, DC

4 Indian Mineral Leasing at DOI
The Department of the Interior has administered the mineral leasing program for Federal and American Indian lands for over a century. Responsibilities are divided among four agencies: Bureau of Indian Affairs (BIA) Bureau of Land Management (BLM) Office of Natural Resources Revenue (ONRR) Office of the Special Trustee for American Indians (OST)

5 Collect Payments & Reports Audit & Ensure Compliance
Mineral Leases (as of 3/2/2016) Products & % of Collections Collect Payments & Reports Land Categories Oil Natural Gas Coal Carbon Dioxide Copper Geothermal Hot Water Lead Limestone Phosphate Potash Renewables Sand & Gravel Sodium Sulfur Other 83% Federal Onshore Federal Offshore American Indian Royalties Rents Bonuses Penalties Other revenues 15% 54,592 Total Leases Offshore: 4,997* Onshore: 42,822** Indian: 6,773*** from over 2,900 payors 2% Disburse Funds Note: The count for the Federal/Indian leases was added to Indian leases 33,167 Producing Leases Offshore: 1,189* Onshore: 25,587** Indian: ,391*** Audit & Ensure Compliance * Administered by BOEM ** Administered by BLM *** Administered by BIA 1ONRR lease data is maintained for the sole purpose of collecting, verifying and disbursing mineral revenues. For official lease data, please refer to the leasing agencies.

6 Revenue Sharing Provisions
Onshore Indian Leases 100% of all revenues are disbursed to the Tribe or individual Indian mineral owners Onshore Federal Leases Mineral Leasing Act – provides that states receive 50% of revenues resulting from the leasing of mineral resources on federal public domain lands within their borders Offshore Federal Leases Outer Continental Shelf Lands Act (OCSLA) – provides that coastal states receive 27% of revenues collected from leases within the 8(g) zone, which is approximately three nautical miles seaward of the State/Federal boundary Gulf of Mexico Energy Security Act (GOMESA) – provides that 37.5% of qualified revenues are shared among four States and their coastal political subdivisions. And, 12.5% of revenues are allocated to the Land and Water Conservation Fund 6

7 Indian Oil Negotiated Rulemaking
The rule adopted the Indian Oil Negotiated Rulemaking Committee’s (Allottees, Tribes, Industry, and Federal Government) agreement to satisfy the Indian lease major portion provision as follows: For each designated area, the value of oil for royalty purposes would be the higher of: 1) Index-Based Major Portion (IBMP) value NYMEX Calendar Month Average (CMA) adjusted for a designated area-specific Location and Crude Type Differential (LCTD) 2) Gross proceeds Rule effective June 30, 2015 (30 CFR parts 1206 and 1210) and applies to July 2015 production/sales

8 Indian Oil Negotiated Rulemaking Index-Based Major Portion (IBMP)
Office of Natural Resources Revenue (ONRR) will calculate the IBMP value using the NYMEX Calendar Month Average (CMA) for each designated area - adjusted for a Location and Crude Type Differential (LCTD) On a monthly basis, ONRR will publish on the ONRR website(onrr.gov), the IBMP value for each designated area and crude oil type ONRR will publish the IBMP prices by the middle of the month for reporting at the end of the month Ensures that the IBMP price closely reflects a 25th percentile (from the top) major portion value of a particular crude type within the applicable designated area

9 Cumulative Revenue Disbursement $280.7 billion
One of the Federal government’s greatest sources of non-tax revenue $9.87 billion in FY 2015 Average of $10 billion annually

10 ONRR Program Areas Financial and Production Management
Audit and Compliance Management Coordination, Enforcement, Valuation and Appeals

11 Financial and Production Management
Financial Management Collect, verify, and distribute all rent, royalty and bonus payments Receive, process and verify industry-submitted royalty reports Perform Data Mining functions Production Reporting & Verification Receive, process and verify industry-submitted production reports Error correction for all Federal and Indian production Oversee meter inspections for offshore production verification

12 Audit and Compliance Management
A 3-year cycle to review and/or audit revenues was established All audits performed according to Generally Accepted Government Auditing Standards Compliance reviews are an analysis that determines the reasonableness of reported revenues Properties and companies selected for review or audit using a risk assessment across the entire universe of properties and companies Ensures that Federal and Indian mineral revenues are accurately reported and paid

13 Coordination, Enforcement, Valuation and Appeals
State and Indian Coordination Provide customer service to States, individual Indian mineral owners, and Tribes by conducting outreach, education, and consultation Administer delegated and cooperative audit agreements with 10 states and 6 Tribes Provide fiduciary and "one stop" service for Indian mineral owners Asset Valuation Issue valuation guidance and determinations Review and respond to transportation and processing allowance requests Enforcement and Appeals Coordinate or administer alternative dispute resolution, settlements, and mediation Perform investigations of potential violations and issue civil penalties Prepare proofs of claim to support the bankruptcy litigation process Perform independent reviews of issues related to appeals New Enforcement Strategy Emphasizing: Deterrence – resolve to sanction repeat offenders Appropriate Enforcement Actions – aggressively awarding civil penalties Communication – provide training/information to managers and employees Continuous improvement – balance and improve staff expertise Partnership – collaborate on creative enforcement solutions

14 Coordination Enforcement Valuation & Appeals CEVA
Heidi Badaracco Program Manager State and Indian Coordination SIC Thomas Piccirilli Manager State and Indian Outreach SIO Kyle McCartney/Audit Manager Bruce Rumberg/Agreement Officer Representative State and Tribal Support STS Vacant Fed. Indian Minerals Office FIMO ,

15 State and Indian Outreach (SIO)
Our office locations: Denver, Colorado Oklahoma City, Oklahoma Farmington, New Mexico

16 State and Indian Outreach (SIO)
Assist And Educate Individual Indian Mineral Interest Owners General Lack Of Understanding Of Leasing, Royalty Collection And Distribution Processes Manage Expectations

17 SIO-Let’s Focus on Managing Expectations
Royalties Vary Monthly For Many Owners Royalties Are Their Sole Source Of Income Expectations Are Often That Royalties Are Constant And Forever Many Owners Have An Interest In Leases

18 SIO-Managing Expectations (continued)
Fractionation; 1,000’s of owners on Some leases Problems arise; i.e., wells shut in, no payment received

19 SIO-Managing Expectations (continued)
Toll free line 133 outreach meetings in 2015 14,200 individual owner inquiries (2015) Desk reviews Coordinate with BIA, BLM and OST in resolving owner inquiries

20 State and Tribal Support (STS)
COOPERATIVE AUDIT AND INTERGOVERNMENTAL PERSONNEL ACT AGREEMENTS Intergovernmental Personnel Act (IPA) of 1970, as amended (5 U.S.C ) FOGRMA, Sections 202 and 205, Authorizes Cooperative Audit Agreements with States and Tribes

21 STS-IPA Fellowship IPA Fellowship Program can be a “stepping stone” to a successful participation in the 202 Cooperative Agreements Develops tribal auditing skills

22 STS-IPA Fellowship (continued)
Purpose and Goals Nine months to Two year assignments at ONRR Offices Develops Audit and compliance experience Knowledge and skills for Fellowship assignees from Tribes and States Familiarize and learn about each other’s (ONRR &Tribe) functions and processes to improve understanding, communication, and cooperation between parties

23 STS-Cooperative Audit Background

24 26th Annual Indian Land Symposium
Thank You! The Office of Natural Resources Revenue Thomas J. Piccirilli


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