Royalty Issues under Federal and State Mineral Losses
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Deborah Bahn Price
An unusual aspect of federal leases is the power of the Department of the Interior (DOI) to establish royalty values and make retroactive value determinations. Audit issues include the time period available to the government for the determination of royalties. A problem for both state and federal leases is determining on what production royalty is owed. Also discussed are problems related to entitlements, take-or-pay payments, advance payments, contract buy-downs and buy-outs, reimbursements for production-related costs, tax reimbursements, gas processing rights and imputed proceeds, and valuation issues in non-arm's-length transactions.
Royalty Issues under Federal and State Mineral Losses. Price, Deborah Bahn, Spring 1991, pp. 27‑48.