Current through October 31, 2024
Section 1202.554 - How do I value my production that I do not take if I take less than my entitled share?If you take none or only part of your entitled production from a lease in an AFA for any month, use this section to value the production that you are entitled to but do not take.
(a) If you take a significant volume of production from your lease during the month, you must determine the weighted average value of the production that you take using 30 CFR part 1206, and use that value for the production that you do not take.(b) If you do not take a significant volume of production from your lease during the month, you must use paragraph (c) or (d) of this section, whichever applies.(c) In a month where you do not take production or take an insignificant volume, and if you would have used § 1206.172(b) to value the production if you had taken it, you must determine the value of production not taken for that month under § 1206.172(b) as if you had taken it.(d) If you take none of your entitled share of production from a lease in an AFA, and if that production cannot be valued under § 1206.172(b) , then you must determine the value of the production that you do not take using the first of the following methods that applies:(1) The weighted average of the value of your production (under 30 CFR part 1206) in that month from other leases in the same AFA.(2) The weighted average of the value of your production (under 30 CFR part 1206) in that month from other leases in the same field or area.(3) The weighted average of the value of your production (under 30 CFR part 1206) during the previous month for production from leases in the same AFA.(4) The weighted average of the value of your production (under 30 CFR part 1206) during the previous month for production from other leases in the same field or area.(5) The latest major portion value that you received from ONRR calculated under § 1206.174 for the same ONRR-designated area.(e) You may take less than your entitled share of AFA production for any month, but pay royalties on the full volume of your entitled share under this section. If you do, you will owe no additional royalty for that lease for that month when you later take more than your entitled share to balance your account. The provisions of this paragraph (e) also apply when the other AFA participants pay you money to balance your account.