Title 30:
Mineral Resources
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PART 207—SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE
PRODUCTS
Section Contents
Subpart
A—General Provisions
§ 207.1 Required
recordkeeping.
§ 207.2 Definitions.
§ 207.3 Contracts
made pursuant to new form leases.
§ 207.4 Contracts
made pursuant to old form leases.
§ 207.5 Contract
and sales agreement retention.
Subpart
B—Oil, Gas, and OCS Sulfur, General
[Reserved]
Subpart
C—Federal and Indian Oil [Reserved]
Subpart
D—Federal and Indian Gas [Reserved]
Subpart
E—Solid Minerals, General [Reserved]
Subpart
F—Coal [Reserved]
Subpart
G—Other Solid Minerals [Reserved]
Subpart
H—Geothermal Resources [Reserved]
Subpart
I—OCS Sulfur [Reserved]
Authority: 5 U.S.C. 301 et seq
.; 25 U.S.C. 396 et seq. ; 25 U.S.C. 396a et seq .; 25
U.S.C. 2101 et seq. ; 30 U.S.C. 181 et seq. ; 30 U.S.C. 351
et seq. ; 30 U.S.C. 1001 et seq. ; 30 U.S.C. 1701 et seq.
; 31 U.S.C. 3716 et seq. ; 31 U.S.C. 9701; 43 U.S.C. 1301 et
seq. ; 43 U.S.C. 1331 et seq. ; and 43 U.S.C. 1801 et seq.
Source: 53 FR 1225, Jan. 15, 1988,
unless otherwise noted.
Subpart A—General Provisions
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§ 207.1 Required recordkeeping.
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(a) The information collection and recordkeeping requirements contained
in this part have been approved by OMB under 44 U.S.C. 3501 et seq.
and assigned OMB Clearance Number 1010–0061. The information collected
will be used to determine a proper transportation allowance for the cost
of transporting royalty oil from the lease to a delivery point remote from
the lease. The information is required in order to obtain a benefit and is
collected in accordance with the Federal Oil and Gas Royalty Management
Act of 1982, 30 U.S.C. 1701 et seq.
(b) Public reporting burden is estimated to average 30 minutes per year
for each record keeper to maintain copies of sales contracts, agreements,
or other documents relevant to the valuation of production. Send any
comments regarding this burden estimate or any other aspect of this
requirement to the Information Collection Clearance Officer, Minerals
Management Service, 381 Elden Street, Herndon, VA 22070, and to the Office
of Information and Regulatory Affairs, Office of Management and Budget,
Paperwork Reduction Project 1010–0061, Washington, DC 20503.
[57 FR 41864, Sept. 14, 1992, as amended at 58 FR 64901, Dec. 10,
1994]
§ 207.2 Definitions.
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The definitions in part 206 of this title are applicable to this
part.
§ 207.3 Contracts made pursuant to new form
leases.
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On November 29, 1950 (15 FR 8585), a new lease form was adopted (Form
4–1158, 15 FR 8585) containing provisions whereby the lessee agrees that
nothing in any contract or other arrangement made for the sale or disposal
of oil, gas, natural gasoline, and other products of the leased land,
shall be construed as modifying any of the provisions of the lease,
including, but not limited to, provisions relating to gas waste, taking
royalty-in-kind, and the method of computing royalties due as based on a
minimum valuation and in accordance with the oil and gas valuation
regulations. A contract or agreement pursuant to a lease containing such
provisions may be made without obtaining prior approval of the United
States as lessor, but must be retained as provided in §207.5 of this
subpart.
§ 207.4 Contracts made pursuant to old form
leases.
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(a) Old form leases are those containing provisions prohibiting sales
or disposal of oil, gas, natural gasoline, and other products of the lease
except in accordance with a contract or other arrangement approved by the
Secretary of the Interior, or by the Director of the Minerals Management
Service or his/her representative. A contract or agreement made pursuant
to an old form lease may be made without obtaining approval if the
contract or agreement contains either the substance of or is accompanied
by the stipulation set forth in paragraph (b) of this section, signed by
the seller (lessee or operator).
(b) The stipulation, the substance of which must be included in the
contract, or be made the subject matter of a separate instrument properly
identifying the leases affected thereby, is as follows:
It is hereby understood and agreed that nothing in the written contract
or in any approval thereof shall be construed as affecting any of the
relations between the United States and its lessee, particularly in
matters of gas waste, taking royalty in kind, and the method of computing
royalties due as based on a minimum valuation and in accordance with the
terms and provisions of the oil and gas valuation regulations applicable
to the lands covered by said contract.
§ 207.5 Contract and sales agreement
retention.
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Copies of all sales contracts, posted price bulletins, etc., and copies
of all agreements, other contracts, or other documents which are relevant
to the valuation of production are to be maintained by the lessee and made
available upon request during normal working hours to authorized MMS,
State or Indian representatives, other MMS or BLM officials, auditors of
the General Accounting Office, or other persons authorized to receive such
documents, or shall be submitted to MMS within a reasonable period of
time, as determined by MMS. Any oral sales arrangement negotiated by the
lessee must be placed in written form and retained by the lessee. Records
shall be retained in accordance with 30 CFR part 212.
Subpart B—Oil, Gas, and OCS Sulfur, General [Reserved]
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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 [Reserved]
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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 [Reserved]
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Subpart I—OCS Sulfur [Reserved]
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