30 C.F.R. § 206.107 How do I request a value determination?
Title 30 - Mineral Resources
(a) You may request a value determination from MMS regarding any Federal lease oil production. Your request must: (1) Be in writing; (2) Identify specifically all leases involved, the record title or operating rights owners of those leases, and the designees for those leases; (3) Completely explain all relevant facts. You must inform MMS of any changes to relevant facts that occur before we respond to your request; (4) Include copies of all relevant documents; (5) Provide your analysis of the issue(s), including citations to all relevant precedents (including adverse precedents); and (6) Suggest your proposed valuation method. (b) MMS will reply to requests expeditiously. MMS may either: (1) Issue a value determination signed by the Assistant Secretary, Land and Minerals Management; or (2) Issue a value determination by MMS; or (3) Inform you in writing that MMS will not provide a value determination. Situations in which MMS typically will not provide any value determination include, but are not limited to: (i) Requests for guidance on hypothetical situations; and (ii) Matters that are the subject of pending litigation or administrative appeals. (c)(1) A value determination signed by the Assistant Secretary, Land and Minerals Management, is binding on both you and MMS until the Assistant Secretary modifies or rescinds it. (2) After the Assistant Secretary issues a value determination, you must make any adjustments in royalty payments that follow from the determination and, if you owe additional royalties, pay late payment interest under 30 CFR 218.54. (3) A value determination signed by the Assistant Secretary is the final action of the Department and is subject to judicial review under 5 U.S.C. 701–706. (d) A value determination issued by MMS is binding on MMS and delegated States with respect to the specific situation addressed in the determination unless the MMS (for MMS-issued value determinations) or the Assistant Secretary modifies or rescinds it. (1) A value determination by MMS is not an appealable decision or order under 30 CFR part 290 subpart B. (2) If you receive an order requiring you to pay royalty on the same basis as the value determination, you may appeal that order under 30 CFR part 290 subpart B. (e) In making a value determination, MMS or the Assistant Secretary may use any of the applicable valuation criteria in this subpart. (f) A change in an applicable statute or regulation on which any value determination is based takes precedence over the value determination, regardless of whether the MMS or the Assistant Secretary modifies or rescinds the value determination. (g) The MMS or the Assistant Secretary generally will not retroactively modify or rescind a value determination issued under paragraph (d) of this section, unless: (1) There was a misstatement or omission of material facts; or (2) The facts subsequently developed are materially different from the facts on which the guidance was based. (h) MMS may make requests and replies under this section available to the public, subject to the confidentiality requirements under §206.108.
Title 30: Mineral Resources
PART 206—PRODUCT VALUATION
Subpart C—Federal Oil
§ 206.107 How do I request a value determination?
