30 C.F.R. § 1206.157

What interest and penalties apply if I improperly report a transportation allowance?

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(a)(1) If ONRR determines that you took an unauthorized transportation allowance, then you must pay any additional royalties due, plus late payment interest calculated under §§ 1218.54 and 1218.102 of this chapter.

(2) If you understated your transportation allowance, you may be entitled to a credit, with interest.

(b) If you deduct a transportation allowance on form ONRR-2014 that exceeds 50 percent of the value of the gas, residue gas, or gas plant products transported, you must pay late payment interest on the excess allowance amount taken from the date when that amount is taken until the date when you pay the additional royalties due.

(c) If you improperly net a transportation allowance against the sales value of the residue gas, gas plant products, or unprocessed gas instead of reporting the allowance as a separate entry on form ONRR-2014, ONRR may assess a civil penalty under 30 CFR part 1241.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2011–2023 · leading case: Anderson Living Trust v. WPX Energy Prod., LLC, 306 F.R.D. 312 (D.N.M. 2015).
Anderson Living Trust v. WPX Energy Prod., LLC, 306 F.R.D. 312 (D.N.M. 2015). · cites it 3× “The Defendants assess the same COS charge against the federal government that they do against private lessors; the class COS charge is calculated pursuant to 30 C.F.R. § 1206.157 (b), which regulates the expenses that working interests owners of federal land may deduct when the…”
Abraham v. WPX Prod. Prods., LLC, 317 F.R.D. 169 (D.N.M. 2016). “The Defendants assess the same COS charge against the federal government that they do against private lessors; the class COS charge is calculated pursuant to 30 C.F.R. § 1206.157 (b), which regulates the expenses that working interests owners of federal land may deduct when the…”
United States Ex Rel. Little v. Shell Expl. & Prod. Co., 602 F. App'x 959 (5th Cir. 2015). “156 (a) (1997) (now 30 C.F.R. § 1206.157 (b)(2)). 29 . See generally Shell Offshore Inc.”
BP Am. Prod. Co. v. Colorado Dep't of Revenue, 369 P.3d 281 (Colo. 2016). “111 (b)(4) (2015) (permitting cost of eapital transportation allowance for valuing oil produced from federal oil leases); 30 C.F.R. § 1206.157 (b)(2) (same for transportation allowance for valuing gas produced from federal gas leases); 30 C.”
Ovintiv USA Inc. v. Haaland (D.D.C. 2023). · cites it 9× “Ovintiv made the request under the theory that the SC Deficiency Fee was deductible as an allowable firm demand charge or capacity reservation fee under 30 C.F.R. § 1206.157 (f)(1). Id. ONRR denied the allowance.”
BP Am. v. Colo, 2016 CO 23 (Colo. 2016). “111(b)(4) (2015) (permitting cost of capital transportation allowance for valuing oil produced from federal oil leases); 30 C.F.R. § 1206.157(b)(2) (same for transportation allowance for valuing gas produced from federal gas leases); 30 C.”
Citation Oil & Gas Corp. v. United States Dep't of the Interior, 448 F. App'x 441 (5th Cir. 2011). “30 C.F.R. § 1206.157 (a)(l)(i). Citation, however, never filed the appropriate form requesting the allowance.”
— 30 C.F.R. § 1206.157(b)(2) — 1 case
BP Am. v. Colo, 2016 CO 23 (Colo. 2016). “111(b)(4) (2015) (permitting cost of capital transportation allowance for valuing oil produced from federal oil leases); 30 C.F.R. § 1206.157(b)(2) (same for transportation allowance for valuing gas produced from federal gas leases); 30 C.”
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