Section 1206.265 - Value enhancement of marketable coalIf, prior to use, sale, or other disposition, the lessee enhances the value of coal after the coal has been placed in marketable condition in accordance with § 1206.257(h) , the lessee shall notify ONRR that such processing is occurring or will occur. The value of that production shall be determined as follows:
(a) A value established for the feedstock coal in marketable condition by application of the provisions of § 1206.257(c)(2)(i) through (iv) ; or,(b) In the event that a value cannot be established in accordance with paragraph (a) of this section, then the value of production will be determined in accordance with § 1206.257(c)(2)(v) and the value shall be the lessee's gross proceeds accruing from the disposition of the enhanced product, reduced by ONRR-approved processing costs and procedures including a rate of return on investment equal to two times the Standard and Poor's BBB bond rate applicable under § 1206.259(b)(2)(v) . 81 FR 43389 , 1/1/2017; 82 FR 36975 , 9/6/2017; 85 FR 62040 , 10/1/2020; 88 FR 47006 , 1/1/2017