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ONRR General UPDATES copas spring 2019 meeting
Kimberly Jackson Royalty Valuation, Team A
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The Fine Print (Our Disclaimer)
Please note that the statements or opinions expressed in this ONRR presentation at the 2019 Spring COPAS Meeting do not necessarily represent the views of ONRR or the Department of the Interior.
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A Huge Grand PASO Thank You!
We appreciated the opportunity to participate! We valued the feedback that we received from those who participated! Suggestions for ONRR focused topics for 2021 session are welcomed! The sooner the better, as it gives us time to prepare and line up speakers!!
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Interior’s New Secretary
David Bernhardt was confirmed by the U.S. Senate on April 11, 2019, taking office the same day. David Bernhardt is the 53rd Secretary of the U.S. Dept. of the Interior. Mr. Bernhardt replaces Ryan Zinke, who resigned in December of 2018.
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ONRR Leadership Director Greg Gould Deputy Director Jim Steward
Coordination, Enforcement, Valuation and Appeals Revenue Reporting and Compliance Management Kimbra Davis Audit Management Jeff Carlson Financial Management Esther Horst Strategic Resource Management Larry Schock Indian Trust, Outreach & Coordination Heidi Badaracco Southern Federal Audit Shawna Schimke Reference & Reporting Management Lee‐Ann Martin Information & Data Management Judy Wilson Western Federal Audit Judith Clark Analytics & Risk Management Mike DeBerard Compliance Management Jennifer Goldblatt Infrastructure & Digital Services Patricia Damon State and Indian Audit Patrick Milano Royalty Valuation John Barder Enforcement Appeals & Regulations Bonnie Robson
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Royalty Valuation Staff! (We’ve Got NEW Folks!!)
Royalty Valuation Team A Jahed Nabiyar (Geologist) Tanyi Tanyi (Petroleum Engineer) Christine Thomas (Geologist) Royalty Valuation Team B Kelsey Zabrusky (Petroleum Engineer) Royalty Valuation Team C Meghan Trujillo (Chemical Engineer)
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Royalty Policy Committee
The Charter for the Royalty Policy Committee lapsed on April 21st, 2019 With this lapse, the Royalty Policy Committee has officially ceased operating at this time All Subcommittee and Working Group meetings and activities will stop
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Payor Handbook Updates
Royalty Valuation is actively working on revising our Payor Handbook. Two separate versions: federal valuation Indian valuation Created to allow for more timely updates that can be accessed electronically! Active content is already published and ready:
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2016 Consolidated Rule (It’s Back….Right Now!)
2016 Consolidated Oil and Gas Rule IS CURRENTLY IN EFFECT, retroactive to January 1st, 2017! The suit by CA and NM that challenged the repeal of the 2016 Rule was decided by U.S. District Court (N.D. Cal.) on March 29, 2019. Both parties have sixty days to appeal If this takes place, the appeal goes to the Ninth Circuit Court (CA) Industry will be given six months to implement changes to comply with the rule. We are actively planning on rule training sessions for Industry. Stay tuned!
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Reach Out To Us! RoyaltyValuation@ONRR.gov
If you have questions, please feel free to contact us via our Royalty Valuation Mailbox!!
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Royalty Valuation topics
Amy Lunt, Supervisor Royalty Valuation Team A
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The Fine Print (Our Disclaimer)
Please note that the statements or opinions expressed in this ONRR presentation at the 2019 Spring COPAS Meeting do not necessarily represent the views of ONRR or the Department of the Interior.
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April 25, 2019 What we know TODAY:
As of March 29, 2019, the 2016 Rule is in effect ONRR will comply with the Court’s Ruling DOJ and SOL have 60 days to appeal Information and guidance is forthcoming Training is forthcoming 13
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2016 Rule Key Changes Changes to both oil and gas
Consolidated definitions Added, modified, and removed some definitions Rescinded Deep Water Policy Instituted default provision Transportation Disallowed pipeline loss in non-arm’s-length transportation All transportation costs reported as allowances (no “transportation factors”) Removed provision allowing lessees to exceed 50% limit Adjusted Standard & Poor’s BBB bond rate multiplier from 1.3 to 1 Clarified guidance and determination practices 14
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2016 Rule Key Changes Changes to gas only
Removed gas non-arm’s-length valuation benchmarks - value is now based on: Affiliate’s first arm’s-length sale or Index-based option Expanded application of processed gas valuation and reporting Removed provision allowing lessees to exceed the 66 2/3 % processing-allowance limit Removed extraordinary processing allowance provision Removed accounting for comparison 15
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What Didn’t Change? Some regulations didn’t change, or didn’t change much: Few changes to federal oil Indian oil and gas regulations – no changes Marketable condition requirements – no changes Unbundling requirements for arm’s-length gas dispositions – no changes 16
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Resources District Court Case: 2016 Rule Regulatory Language:
See Order re Cross-Motions for Summary Judgment, Dkt No. 72, California v. DOI, Case No. C SBA (N.D. Calif.). 2016 Rule Regulatory Language: DO NOT USE eCFR (yet) or 2017 or 2018 Book DO see 81 FR (July 1, 2016) DO see that the Final Rule is available on ONRR’s website: 17
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Resources Dear Reporter Letters (high-level information):
Federal Oil and Gas Lessees (September 13, 2016) Federal and Indian Coal Lessees (October 5, 2016) 18
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Negative Index Prices in the Permian Basin
No negative royalty reporting: OGOR reporting won’t change Form ONRR-2014 reporting depends on your specific situation You cannot report zero or a negative sales value Contact Royalty Valuation with specific questions 19
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Reporting Royalties on Liquefied Natural Gas (LNG)
Usually reported as PC 03, in MMBtu and Mcf Eligible for transportation allowances To be determined: Can liquefaction costs be deducted? If so, how? What is marketable condition for LNG?
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In-field NGL Extraction (JT Skids, MRUs, etc.)
Small units that recover NGLs from one or several leases Technology qualifies as “processing” under ONRR rules Refrigeration J-T valve cooling Common in the Bakken because of flaring rules
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In-field NGL Extraction (JT Skids, MRUs, etc)
Challenges: Guidance is contract specific and design specific Poor measurement of NGLs Usually short term Service contracts become sales contracts BLM approval backlog This is a great time to
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Questions Anytime ? 23
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