30 C.F.R. § 206.460 Transportation allowances—general.
Title 30 - Mineral Resources
(a) For ad valorem leases subject to §206.456 of this subpart, where the value for royalty purposes has been determined at a point remote from the lease or mine, MMS shall, as authorized by this section, allow a deduction in determining value for royalty purposes for the reasonable, actual costs incurred to: (1) Transport the coal from an Indian lease to a sales point which is remote from both the lease and mine; or (2) Transport the coal from an Indian lease to a wash plant when that plant is remote from both the lease and mine and, if applicable, from the wash plant to a remote sales point. In-mine transportation costs shall not be included in the transportation allowance. (b) Under no circumstances will the authorized washing allowance and the transportation allowance reduce the value for royalty purposes to zero. (c)(1) When coal transported from a mine to a wash plant is eligible for a transportation allowance in accordance with this section, the lessee is not required to allocate transportation costs between the quantity of clean coal output and the rejected waste material. The transportation allowance shall be authorized for the total production which is transported. Transportation allowances shall be expressed as a cost per ton of cleaned coal transported. (2) For coal that is not washed at a wash plant, the transportation allowance shall be authorized for the total production which is transported. Transportation allowances shall be expressed as a cost per ton of coal transported. (3) Transportation costs shall only be recognized as allowances when the transported coal is sold and royalties are reported and paid. (d) If, after a review and/or audit, MMS determines that a lessee has improperly determined a transportation allowance authorized by this section, then the lessee shall pay any additional royalties, plus interest, determined in accordance with 30 CFR 218.202, or shall be entitled to a credit, without interest. (e) Lessees shall not disproportionately allocate transportation costs to Indian leases. [61 FR 5481, Feb. 12, 1996, as amended at 64 FR 43289, Aug. 10, 1999]
Title 30: Mineral Resources
PART 206—PRODUCT VALUATION
Subpart J—Indian Coal
§ 206.460 Transportation allowances—general.
