[Code of Federal Regulations]
[Title 30, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR203.71]

[Page 24-26]
 
                       TITLE 30--MINERAL RESOURCES
 
                       DEPARTMENT OF THE INTERIOR
 
PART 203--RELIEF OR REDUCTION IN ROYALTY RATES--Table of Contents
 
               Subpart B--OCS Oil, Gas, and Sulfur General
 
Sec. 203.71  How does MMS allocate a field's suspension volume between my lease and other leases on my field?

    The allocation depends on when production occurs, when we issued the 
lease, when we assigned it to the field, and whether we award the volume 
suspension by an approved application or establish it in the lease 
terms, as prescribed in this section.
    (a) If your authorized field has an approved royalty suspension 
volume

[[Page 25]]

 under Secs. 203.67 and 203.69, we will suspend payment of royalties on 
production from all leases in the field that participate in the 
application until their cumulative production equals the approved 
volume. The following conditions also apply:

------------------------------------------------------------------------
            If . . .                  Then . . .           And . . .
------------------------------------------------------------------------
(1) We assign an eligible lease   We will not change  The assigned
 to your field after we approve    your field's        lease(s) may
 relief.                           royalty             share in any
                                   suspension volume.  remaining royalty
                                                       relief.
(2) We assign a pre-Act or post-  We will not change  The assigned
 November 2000 deep water lease    your field's        lease(s) may
 to your field after we approve    royalty             share in any
 your application.                 suspension volume.  remaining royalty
                                                       relief by filing
                                                       the short-form
                                                       application
                                                       specified in Sec.
                                                        203.83 and
                                                       authorized in
                                                       Sec.  203.82. An
                                                       assigned RS lease
                                                       also gets any
                                                       portion of its
                                                       royalty
                                                       suspension volume
                                                       remaining even
                                                       after the field
                                                       has produced the
                                                       approved relief
                                                       volume.
(3) We assign another lease(s)    We will change      (i) You toll the
 that you operate to your field    your field's        time period for
 while we are evaluating your      minimum             evaluation until
 application.                      suspension volume   you modify your
                                   if the assigned     application to be
                                   lease is a pre-     consistent with
                                   Act or eligible     the new field;
                                   lease entitled to  (ii) We have an
                                   a larger minimum    additional 60
                                   or automatic        days to review
                                   suspension volume.  the new
                                                       information; and
                                                      (iii) The assigned
                                                       lease(s) shares
                                                       the royalty
                                                       suspension we
                                                       grant to the new
                                                       field. If you do
                                                       not agree to
                                                       toll, we will
                                                       have to reject
                                                       your application
                                                       due to incomplete
                                                       information. But,
                                                       an eligible lease
                                                       we assigned to
                                                       the field kept
                                                       its automatic
                                                       suspension
                                                       volume.
(4) We assign another operator's  We will change      (i) You both toll
 lease to your field while we      your field's        the time period
 are evaluating your application.  minimum             for evaluation
                                   suspension volume   until both of you
                                   provided the        modify your
                                   assigned lease      application to be
                                   joins the           consistent with
                                   application and     the new field;
                                   is entitled to a   (ii) We have an
                                   larger minimum      additional 60
                                   suspension volume.  days to review
                                                       the new
                                                       information; and
                                                      (iii) The assigned
                                                       lease(s) shares
                                                       the royalty
                                                       suspension we
                                                       grant to the new
                                                       field. If you
                                                       (the original
                                                       applicant) do not
                                                       agree to toll,
                                                       the other
                                                       operator's lease
                                                       retains any
                                                       suspension volume
                                                       it has or may
                                                       share in any
                                                       relief that we
                                                       grant by filing
                                                       the short form
                                                       application
                                                       specified in Sec.
                                                        203.83 and
                                                       authorized in
                                                       Sec.  203.82.
(5) We reassign a well on a pre-  The past            The past
 Act, eligible, or post-November   production from     production from
 2000 deep water lease to          the well counts     that well will
 another field.                    toward the          not count toward
                                   royalty             any royalty
                                   suspension volume   suspension volume
                                   of the field to     granted to the
                                   which we assigned   field from which
                                   the well.           we reassigned it.
------------------------------------------------------------------------

    (b) If your authorized field has a royalty suspension volume 
established under Sec. 260.111 of this title (i.e., a field with a pre-
Act lease where an eligible lease starts production first), we will 
suspend payment of royalties on production from all eligible leases in 
the field until their cumulative production equals the established 
volume. The following conditions also apply:

------------------------------------------------------------------------
            If . . .                  Then . . .           And . . .
------------------------------------------------------------------------
(1) We assign another eligible    Your field's        The assigned lease
 lease to your field.              royalty             may share in any
                                   suspension volume   remaining royalty
                                   does not change.    relief.
(2) We assign an RS lease to      Your field's        The assigned lease
 your field.                       royalty             gets only the
                                   suspension volume   volume suspension
                                   does not change.    with which we
                                                       issued it, and
                                                       its production
                                                       volume counts
                                                       against the
                                                       field's royalty
                                                       suspension
                                                       volume.
(3) We assign a pre-Act lease or  Your field's        We assign lease
 a lease issued after November     royalty             shares none of
 2000 without royalty suspension   suspension volume   the volume
 to your field.                    does not change.    suspension, and
                                                       its production
                                                       does not count as
                                                       part of the
                                                       suspension
                                                       volume.

[[Page 26]]


(4) A pre-Act or post-November    Your field's        (i) All leases in
 2000 deep water lease applies     royalty             the field share
 (along with the other leases in   suspension volume   the royalty
 the field) and qualifies          may increase or     suspension volume
 (subject to any pre-existing      stay the same,      if we approve the
 suspension volumes) for royalty   but will not        application; or
 relief under Secs.  203.67 and    diminish.          (ii) The eligible
 203.69.                                               or RS leases in
                                                       the field keep
                                                       their respective
                                                       volumes if we
                                                       reject the
                                                       application.
------------------------------------------------------------------------

    (c) When a project has more than one lease, the royalty suspension 
volume for each lease equals that lease's actual production from the 
project (or production allocated under an approved unit agreement) until 
total production for all leases in the project equals the project's 
approved royalty suspension volume.
    (d) You may receive a royalty-suspension volume only if your entire 
lease is west of 87 degrees, 30 minutes West longitude. If the field 
lies on both sides of this meridian, only leases located entirely west 
of the meridian will receive a royalty-suspension volume.

[63 FR 2618, Jan. 16, 1998, as amended at 67 FR 1877, Jan. 15, 2002]