NTL No. 2003-N04 |
Effective
Date: May 9, 2003 |
Notice to Lessees and Operators (NTL) and Interpretive
Rules of Federal Oil, Gas, and Sulphur Leases in the Outer Continental Shelf
Extension
of Lease Terms by Production in Paying Quantities
NOTE:
NTL 2003-N04
is
available for download in Adobe's Portable Document Format (PDF).
This Notice to Lessees
and Operators (NTL) explains your obligation to maintain production in
paying quantities or other operations on your lease beyond the primary
term. Failure to maintain operations may result in your lease terminating
by operation of law.
What are the ways
to hold my lease beyond its primary term?
To extend your lease
beyond its primary term, you must satisfy the requirements found in: (1)
the terms and conditions of your OCS lease agreement and (2) the
regulations found at 30 CFR 250.180 or 250.168 through 177. Your lease
agreement provides that the lease continues after its initial term if you
produce in paying quantities from the lease, or conduct approved drilling
or well reworking operations on the leased area
(for the purpose of establishing or reestablishing production in paying
quantities), or as otherwise extended by regulation.
Pursuant to 30 CFR
250.180(b) and (d), if you stop conducting operations on your lease, it
will expire unless you resume operations within 180 days. The regulations
at 30 CFR 250.180(a)(2) define the term “operations” as drilling, well
reworking or production in paying quantities. To avoid automatic lease
expiration, on or before the 180th day after cessation of operations you
must: (1) resume production in paying quantities, (2) commence other
lease-holding operations (such as drilling additional wells or reworking
existing wells) with the objective to restore production in paying
quantities, or (3) receive a suspension of operations or suspension of
production.
How much production
is needed to continue my lease?
You must produce in paying quantities to maintain your
lease beyond its primary term.
Under prudent operator standards and historical
oil and gas precedents, production in paying quantities,
for the purpose of continuing the lease beyond its primary term,
means the production of
enough oil, gas, sulfur, or other minerals as
specified in the lease to yield a positive stream of income after
subtracting normal expenses, which include the sum of: (1) minimum royalty
or actual royalty payments, whichever is greater, and (2) the direct lease
operating costs. Direct lease operating costs include processing
fees, labor costs, fixed and variable operating costs incurred on the
lease, and fixed and variable operating costs allocated to the lease when
production is processed off the lease. You should monitor your lease
production to ensure it meets the requirement of production in paying
quantities.
The Regional Office will perform
lease-holding
reviews on leases with minimal
and/or intermittent production. If
lease production appears insufficient, the Regional Supervisor will ask
you to provide cost and production data to demonstrate
that your lease has been
producing in paying quantities.
If the Regional Supervisor determines that your lease did
not produce in paying quantities for a period that exceeded 180 days,
MMS either may
issue an order to show cause why your lease did not expire by its own
terms at the end of the 180-day period during which your lease did not
produce in paying quantities, or may issue a determination that your lease
has expired.
If you have any specific
questions concerning this matter, please contact:
![bullet](https://webarchive.library.unt.edu/eot2008/20080917142839im_/http://www.mms.gov/ntls/Assets/Icons/bluebullet.gif) |
Mr. B.J. Kruse at (504) 736-2634, Office of
Production and Development, Gulf of Mexico Region;
|
![bullet](https://webarchive.library.unt.edu/eot2008/20080917142839im_/http://www.mms.gov/ntls/Assets/Icons/bluebullet.gif) |
Joan Barminski at (805) 389-7707, Office of
Reservoir Evaluation and Production, Pacific Region; and
|
![bullet](https://webarchive.library.unt.edu/eot2008/20080917142839im_/http://www.mms.gov/ntls/Assets/Icons/bluebullet.gif) |
Jeffrey Walker at (907) 271-6190, Field
Operations, Alaska Region.
|
Paperwork Reduction Act of 1995 Statement:
The collection of
information referred to in this NTL provides clarification, description,
or interpretation of requirements contained in 30 CFR 250, Subpart A. The
Office of Management and Budget (OMB) has approved the collection of
information required by that regulation and assigned OMB control number
1010-0114. This NTL does not impose additional information collection
requirements subject to the Paperwork Reduction Act of 1995.
![](https://webarchive.library.unt.edu/eot2008/20080917142839im_/http://www.mms.gov/ntls/Assets/Signatures/Thomas'%20Signature/5_9_03.gif)
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Last Updated:
08/14/2008,
09:45 AM
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