30 C.F.R. PART 212—RECORDS AND FILES MAINTENANCE
Title 30 - Mineral Resources
Authority: 5 U.S.C. 301 et seq.; 25 U.S.C. 396 et seq., 396a et seq., 2101 et seq.; 30 U.S.C. 181 et seq., 351 et seq., 1001 et seq., 1701 et seq.; 31 U.S.C. 9701; 43 U.S.C. 1301 et seq., 1331 et seq., and 1801 et seq.
All records pertaining to offshore and onshore Federal and Indian oil and gas leases shall be maintained by a lessee, operator, revenue payor, or other person for 6 years after the records are generated unless the recordholder is notified, in writing, that records must be maintained for a longer period. When an audit or investigation is underway, records shall be maintained until the recordholder is released by written notice of the obligation to maintain records. [49 FR 37345, Sept. 21, 1984] (a) Records. Each lessee, operator, revenue payor, or other person shall make and retain accurate and complete records necessary to demonstrate that payments of rentals, royalties, net profit shares, and other payments related to offshore and onshore Federal and Indian oil and gas leases are in compliance with lease terms, regulations, and orders. Records covered by this section include those specified by lease terms, notices and orders, and by the various parts of this chapter. Records also include computer programs, automated files, and supporting systems documentation used to produce automated reports or magnetic tape submitted to the Minerals Management Service (MMS). (b) Period for keeping records. Lessees, operators, revenue payors, or other persons required to keep records under this section shall maintain and preserve them for 6 years from the day on which the relevant transaction recorded occurred unless the Secretary notifies the record holder of an audit or investigation involving the records and that they must be maintained for a longer period. When an audit or investigation is underway, records shall be maintained until the recordholder is released in writing from the obligation to maintain the records. Lessees, operators, revenue payors, or other persons shall maintain the records generated during the period for which they have paying or operating responsibility on the lease for a period of 6 years. (c) Inspection of records. The lessee, operator, revenue payor, or other person required to keep records shall be responsible for making the records available for inspection. Records shall be provided at a business location of the lessee, operator, revenue payor, or other person during normal business hours upon the request of any officer, employee or other party authorized by the Secretary. Lessees, operators, revenue payors, and other persons will be given a reasonable period of time to produce historical records. [49 FR 37345, Sept. 21, 1984; 49 FR 40576, Oct. 17, 1984, as amended at 67 FR 19111, Apr. 18, 2002] Terms used in this subpart shall have the same meaning as in 30 U.S.C. 1702. [49 FR 37345, Sept. 21, 1984] (a) All records pertaining to Federal and Indian solid minerals leases shall be maintained by a lessee, operator, revenue payor, or other person for 6 years after the records are generated unless the record holder is notified, in writing, that records must be maintained for a longer period. When an audit or investigation is underway, records shall be maintained until the record holder is released by written notice of the obligation to maintain records. (b) The MMS shall have access to all records of the operator/lessee pertaining to compliance to Federal royalties, including, but not limited to: (1) Qualities and quantities of all products mined, processed, sold, delivered, or used by the operator/lessee. (2) Prices received for mined or processed products, prices paid for like or similar products, and internal transfer prices. (3) Costs of mining, processing, handling, and transportation. [47 FR 33193, July 30, 1982. Redesignated at 48 FR 35641, Aug. 5, 1983, and amended at 51 FR 15767, Apr. 28, 1986; 54 FR 1532, Jan. 13, 1989] Source: 56 FR 57286, Nov. 8, 1991, unless otherwise noted.
Terms used in this subpart shall have the same meaning as in 30 CFR 206.351. (a) Records. Each lessee, operator, revenue payor, or other person shall make and retain accurate and complete records necessary to demonstrate that payments of royalties, rentals, and other amounts due under Federal geothermal leases are in compliance with laws, lease terms, regulations, and orders. Records covered by this section include those specified by lease terms, notices, and orders, and those identified in paragraph (c) of this section. Records also include computer programs, automated files, and supporting systems documentation used to produce automated reports or magnetic tapes submitted to MMS. (b) Period for keeping records. All records pertaining to Federal geothermal leases shall be maintained by a lessee, operator, revenue payor, or other person for 6 years after the records are generated unless the recordholder is notified, in writing, before the expiration of that 6-year period that records must be maintained for a longer period for purposes of audit or investigation. When an audit or investigation is underway, records shall be maintained until the recordholder is released by written notice of the obligation to maintain records. (c) Access to records. The Associate Director for Minerals Revenue Management shall have access to all records in the possession of the lessee, operator, revenue payor, or other person pertaining to compliance with royalty obligations under Federal geothermal leases (regardless of whether such records were generated more than 6 years before a request or order to produce them and they otherwise were not disposed of), including, but not limited to: (1) Qualities and quantities of all products extracted, processed, sold, delivered, or used by the operator/lessee; (2) Prices received for products, prices paid for like or similar products, and internal transfer prices; and (3) Costs of extraction, power generation, electrical transmission, and byproduct transportation. (d) Inspection of Records. The lessee, operator, revenue payor, or other person required to keep records shall be responsible for making the records available for inspection. Records shall be made available at a business location of the lessee, operator, revenue payor, or other person during normal business hours upon the request of any officer, employee, or other party authorized by the Secretary. Lessees, operators, revenue payors, and other persons will be given a reasonable period of time to produce records. [56 FR 57286, Nov. 8, 1991, as amended at 67 FR 19111, Apr. 18, 2002]
Title 30: Mineral Resources
PART 212—RECORDS AND FILES MAINTENANCE
Section Contents
§ 212.50 Required recordkeeping and reports.
§ 212.51 Records and files maintenance.
§ 212.52 Definitions.
§ 212.200 Maintenance of and access to records.
§ 212.350 Definitions.
§ 212.351 Required recordkeeping and reports.
Subpart A—General Provisions [Reserved]
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Subpart B—Oil, Gas, and OCS Sulphur—General
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§ 212.50 Required recordkeeping and reports.
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§ 212.51 Records and files maintenance.
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§ 212.52 Definitions.
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Subpart C—Federal and Indian Oil [Reserved]
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Subpart D—Federal and Indian Gas [Reserved]
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Subpart E—Solid Minerals—General
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§ 212.200 Maintenance of and access to records.
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Subpart F—Coal [Reserved]
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Subpart G—Other Solid Minerals [Reserved]
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Subpart H—Geothermal Resources
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§ 212.350 Definitions.
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§ 212.351 Required recordkeeping and reports.
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Subpart I—OCS Sulfur [Reserved]
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