[Evaluation Report on Opportunity To Increase Offshore Oil and Gas Rental Revenues, Minerals Management Service]
[From the U.S. Government Printing Office, www.gpo.gov]

Report No. 99-i-387

Title: Evaluation Report on Opportunity To Increase Offshore Oil
       and Gas Rental Revenues, Minerals Management Service



Date:  March 31 1999




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U.S. Department of the Interior
Office of Inspector General



EVALUATION REPORT
OPPORTUNITY TO INCREASE
OFFSHORE OIL AND GAS
RENTAL REVENUES, 
MINERALS MANAGEMENT SERVICE



REPORT NO. 99-I-387

MARCH 1999


MEMORANDUM

             TO:  The Secretary

           FROM:  Robert J.  Williams
                  Acting Inspector General

SUBJECT SUMMARY:  Final Evaluation  Report - "Opportunity  To 
                  Increase  Offshore Oil and Gas Rental Revenues,
                  Minerals Management Service" (No. 99-i-387)

Attached for your information is a copy of the subject final
evaluation report.  The objective of this evaluation was to
provide information to Minerals Management Service officials on
laws, regulations, policies, and procedures relating to the
opportunity to increase revenues and an estimate of the amount of
revenues that may be realized by this opportunity. 

We found that the Service has an opportunity to increase rental
fee revenues.  Specifically, the Deep Water Royalty Relief Act
allows for royalty payments to be suspended for up to 87.5
million barrels of oil equivalent produced under offshore leases
in deep water (considered by the Royalty Relief Act to be water
depths of 200 meters or more) primarily in the central and
western portions of the Gulf of Mexico.  During the period when
royalty payments are suspended, the Service's offshore oil and
gas lease terminates rental fees.  Thus, the Department of the
Interior does not receive any revenues during the period when
royalties are suspended  for offshore leases.  This is in
contrast to the terms of onshore leases, which require payments
to be equal to the higher of rental fees or royalties throughout
the time period of the lease.  Based on our review, we estimated
that the Government has lost the potential to earn rental
revenues of as much as $3.7 million associated with deep water
leases issued prior to the Royalty Relief Act and has lost the
potential to earn rental revenues ranging  from $6.9 million to
$75.9 million on oil and gas leases issued in 1996 and 1997,
subsequent to the Royalty Relief Act.  However, the Service has
an opportunity to increase  rental revenues by an estimated $2.4
million to $26 million for leases that will be issued between
April 1, 1999, and December 31, 2000, by changing the terms of
these leases before they are sold to require rental payments
during periods of royalty relief.   

We made two recommendations to the Service to address the
deficiencies identified.  Based on the Service's  response, we
revised both recommendations and requested  that the Service
respond to the revised recommendations.

If you have any questions concerning this matter, please contact
me at (202)  208-5745  or Mr.  Ronald K.  Stith, Deputy Assistant
Inspector General for Audits, at (202) 208-5512.


Attachment



EVALUATION REPORT

Memorandum

     To:  Assistant Secretary for Land and Minerals Management

   From:  Robert J. Williams
          Assistant Inspector General for Audits

Subject:  Evaluation Report on Opportunity To Increase Offshore
          Oil and Gas Rental Revenues, Minerals Management
          Service (No. 99-i-387)

INTRODUCTION

This report presents the results of our evaluation of potential
increases in revenues for certain leases subject to the Deep
Water Royalty Relief Act of 1995 (Public Law 104-58).  During the
followup evaluation of our December 1993 audit report "Offshore
Minerals Leasing Activities, Minerals Management Service" (No.
94-I-179), we noted that the Minerals Management Service has an
opportunity to significantly increase rental revenues from
certain offshore oil and gas leases.  The objective of this
evaluation was to provide information to Service management on
laws, regulations, policies, and procedures relating to the
opportunity to increase revenues and an estimate of the amount of
revenues that may be realized by this opportunity.

BACKGROUND

The Minerals Management Service's mission includes managing the
Offshore Minerals Leasing Program under the provisions of the
Outer Continental Shelf Lands Act, as amended. To accomplish this
part of its mission, the Service prepares oil and gas leasing
schedules, holds lease sales on offshore tracts (up to 5,760
acres), and awards leases on offshore Federal lands to the
highest qualified bidder.  For each lease awarded, the Service
receives revenues in the form of bonus bids, rental fees, and
royalties if a lessee begins production of oil and gas on the
leased tracts.  Bonus bids are a one-time cash amount paid per
acre to the Service by the highest qualified bidders on leases
they obtain.  Rental fees are annual payments based on a fixed
dollar amount per acre established at the time a lease is issued.
Lessees make royalty payments equal to a stated share or
percentage of the value of the oil or gas produced on a tract.
During calendar years 1997 and 1998, rent and royalty revenues
from the Outer Continental Shelf  oil and gas leases totaled
about $6.9 billion, which consisted of royalties of about $6.4
billion and rents of $467 million.

SCOPE OF EVALUATION

The evaluation was conducted at the Service's Economics Division
in Herndon, Virginia.  As part of the evaluation, we reviewed
laws, regulations, and records pertaining to the Service's
offshore oil and gas leasing program and interviewed  Service
personnel responsible for administering the program.  We also
reviewed the Secretary's Annual Statement and Report to the
President and the Congress for fiscal year 1995, which was
required by the Federal Managers' Financial Integrity Act; the
Departmental Reports on Accountability for fiscal years 1996 and
1997, which include information required by the Act; and the
Service's annual assurance statement on management controls for
fiscal year 1997.  Based on our review, we determined that no
material weaknesses were included in these documents that
directly related to the objective and scope of our evaluation.
Furthermore, we evaluated the system of internal controls to the
extent that they related to the objective and scope of the
evaluation.  We did not identify any internal control weaknesses.
Instead, we identified an opportunity for the Minerals Management
Service to increase oil and gas lease rental fee revenues.  The
evaluation was conducted in accordance with the "Quality
Standards for Inspections," issued by the President's Council on
Integrity and Efficiency.  Accordingly, we included such tests of
records and other evaluation procedures that were considered
necessary to accomplish our stated objective.

PRIOR AUDIT COVERAGE

In our December 1993 audit report "Offshore Minerals Leasing
Activities, Minerals Management Service" (No.94-I-179), we found
that the Service charged rates for bonus bids of $25 per acre
and for rental fees of $3 per acre, which were less than the
$32.50 and the $5 per acre rates, respectively, recommended in
its internal studies, even though the Outer Continental Shelf
Lands Act, as amended, requires that the Government receive fair
market value for leases.

Our prior report included a recommendation that the Service
should establish a procedure which would require both the minimum
bonus bid and the rental fee rates to be evaluated before each
offshore oil and gas lease sale and require the rates to be
increased, as appropriate, based on the evaluation.  The Service
concurred with the recommendation, stating that it believed that
"periodic evaluation of the effects of minimum bids and rental
rates on Government receipts as well as other leasing objectives
is clearly in the public interest."

In our March 1998 evaluation report "Follow up of Offshore
Minerals Leasing Activities, Minerals Management Service" (No.
98-I-385), we found that the Service had taken action to
implement the recommendation made in our December 1993 audit
report.  As a result, we determined that the increased rental
fees for offshore oil and gas leases issued from September 1993
to August 1997 had generated an estimated $141 million in
additional Federal revenues between calendar years 1993 and 1997
and were expected to generate an additional $194 million for
these same leases during the 4-year period of 1998 to 2001.

RESULTS OF EVALUATION

We found that the Minerals Management Service has an opportunity
to increase rental fee revenues.  Specifically, the Deep Water
Royalty Relief Act allows for royalty payments to be suspended
for up to 87.5 million barrels of oil equivalent[1] produced
under offshore leases in deep water (considered by the Royalty
Relief Act to be water depths of 200 meters or more) primarily in
the central and western portions of the Gulf of Mexico.  During
the period when royalty payments are suspended, the Service's
offshore oil and gas lease terminates rental fees.  Thus, the
Department of the Interior does not receive any revenues during
the period when royalties are suspended for offshore leases.
This is in contrast to the terms of onshore leases, which require
payments to be equal to the higher of rental fees or royalties
throughout the time period of the lease.  Based on our review, we
estimated that the Government has lost the potential to earn
rental revenues of as much as $3.7 million associated with deep
water leases issued prior to the Royalty Relief Act and has lost
the potential to earn rental revenues ranging  from $6.9 million
to $75.9 million on oil and gas leases issued in 1996 and 1997,
subsequent to the Royalty Relief Act.  However, the Service has
an opportunity to increase  rental revenues by an estimated $2.4
million to $26 million for leases that will be issued between
April 1, 1999, and December 31, 2000, by changing the terms of
these leases before they are sold to require rental payments
during periods of royalty relief.   

The Deep Water Royalty Relief Act

In November 1995, the Outer Continental Shelf Lands Act was
amended by Public Law 104-58, Title III (the Deep Water Royalty
Relief Act).  The amendment requires that new deep water leases
in the central, western, and a small portion of the eastern Gulf
of Mexico issued within 5 years of the date of the amendment be
offered with a provision suspending royalties on a specified
number of barrels of production, depending on water depth.  In
accordance with the Deep Water Royalty Relief Act, the minimum
royalty suspension volumes are as follows:

-  17.5 million barrels of oil equivalent for leases in water
depths of 200 to 400 meters.

-  52.5 million barrels of oil equivalent for leases in water
depths of 400 to 800 meters.

-  87.5 million barrels of oil equivalent for leases in water
depths of more than 800 meters.

The purposes of the Deep Water Royalty Relief Act were to (1)
promote development or increase production on the Gulf of
Mexico's Outer Continental Shelf or (2) encourage production of
marginal resources on producing or nonproducing leases in deep
water.  While deep water leases issued before November 1995 are
not automatically covered by the Act, royalty relief for
production under these leases would be available if the lessee
requested and the Secretary of the Interior determined that new
production under these leases might not be economical in the
absence of relief.

Current Lease Terms

The Code of Federal Regulations (43 CFR 3103.2-2) states that
rental payments for onshore oil and gas leases "shall not be due
on acreage for which royalty or minimum royalty is being paid."
(The Code defines "minimum royalty" as the equivalent of the
yearly rental charges.)  Thus, annual rental fees are required to
be paid on onshore leases until royalties are paid in an amount
that exceeds the annual rental fees.  In contrast, the Service's
offshore oil and gas lease form in use since at least 1986
states, with regard to rent, that "the Lessee shall pay the
Lessor, on or before the first day of each lease year which
commences prior to a discovery in paying quantities[2] of oil or
gas on the leased area, a rental as shown on the face hereof."
Consequently, rental fees are not paid once a leased tract begins
to produce oil or gas.  In addition, the offshore leases issued
since the Royalty Relief Act automatically provide royalty relief
for leases issued in oil fields previously approved by the
Service as being eligible for royalty relief.  Thus, eligible
leases automatically  provide relief from rental and royalty
payments for up to 87.5 million barrels of oil, whereas onshore
leases require the payment of  rent until annual royalties exceed
the annual rental due on a lease.  A senior-level Service
official stated that the Service was aware that the offshore
lease prepared in response to the Royalty Relief Act would
eliminate rent fees during periods of royalty relief.

Estimate of Impact on Rental Revenues

We estimated that the Government has lost the potential to earn
rental revenues of as much as $3.7 million on deep water leases
issued prior to the Royalty Relief Act and has lost the potential
to earn revenues ranging from  $6.9 million to $75.9 million for
oil and gas leases issued in 1996 and 1997, which was subsequent
to the Royalty Relief Act.  However, the Service has an
opportunity to increase rental  revenues  by  an  estimated  $2.4
million to $26 million for leases that will be issued between
April 1, 1999, and December 31, 2000, by changing the terms of
these leases before they are sold to require rental payments
during periods of royalty relief.  The details regarding our
approach to estimating these impacts are as follows: 

Pre-Royalty Relief Act Leases.  The Service told us that it
expects 23 nonproducing deep water oil and gas leases issued
prior to the Royalty Relief Act to be producing by 2002 and that
royalties for these leases could be suspended under the  Act if
the lessees request and the Secretary approves the requests.  If
all 23 lessees were approved for royalty  relief, we estimated
that the Service has lost the potential to earn as much as $3.7
million in rental fee revenues because the Department's offshore
leases do not require rental fees during periods of royalty
relief.  The  revenues of $3.7 million were calculated as
follows: 23 leases multiplied by 5,380 acres (average lease size)
multiplied by $7.50 per acre rental fee multiplied by 4 years.[3]
However, we recognize that it is possible that none of these
leases will be approved for royalty relief and, in that case, no
rental revenues would be lost.  

Post-Royalty Relief Act Leases.  Because of the large number of
leases covered by the Deep Water Royalty Relief Act and the
increase in the per acre rental charge from $3.00 to $7.50, the
loss of rental fees paid to the Department could be significant
for  leases issued after the Royalty Relief Act.  We estimated
that the Service has lost the potential to earn revenues ranging
from $6.9 million to $75.9 million.  To derive this estimate, we
requested that the Service determine the number and percentage of
existing deep water leases issued after the Royalty Relief Act
which were producing and the number and percentage of
nonproducing leases it expected to produce in the future.  We
also requested an estimate of the average time expected for an
oil and gas well to attain production that exceeded the
suspension volumes included in the Act.

In its response to our requests, the Service stated that as of
June 1998, 2 to 5 percent of  the leases in deep water were
producing.  It further stated that there were no leases producing
in water depths exceeding 400 meters.  In addition, we found that
the most current issue of the Minerals Management Service's
publication "Offshore Stats" for the third and fourth quarters of
1997 stated that about 22 percent of existing offshore leases
were producing.  Although most of these producing leases were in
water depths of 200 meters or less, we noted that the oil and gas
industry experts were reporting that improvements in offshore
exploration and drilling technologies had greatly lowered the
costs to produce oil and gas in water depths of more than 200
meters and that the prospect of increased production for leases
in this area was higher than in the past.  Also, the Department
of Energy, which maintains statistics on energy production and
consumption, reported that because of the lower costs, oil and
gas production in deep water was increasing. 

During our evaluation,  Service officials said that they
recognized that their experience with production in water
exceeding 200 meters was limited and that deep water oil and gas
production costs were declining.  They suggested that a
reasonable estimate of the potential increased rental revenues be
based on a production rate ranging from 2 to 22 percent of the
2,138 leases entered into since the effective date of the Act.
Service officials estimated that it would take almost 4 years for
a tract to produce oil or gas above the royalty suspension
volumes.  The estimate of lost revenues of $6.9 million was
calculated by multiplying 43 leases (2 percent of 2,138 leases)
by 5,380 acres (average lease size) multiplied by the $7.50 per
acre rental fee multiplied by the 4-year average period of
suspended royalties.  The estimate of lost  revenues of $75.9
million was calculated by multiplying 470 leases (22 percent of
2,138 leases) by 5,380 acres (average lease size) multiplied by
the $7.50 per acre rental fee multiplied by the 4-year average
period of suspended royalties.

In addition to these leases, the Service advised us that it
anticipates deep water lease sales of 3.9 million acres between
April 1, 1999, and December 31, 2000, when the Royalty Relief Act
is due to expire.  By revising the lease terms to require annual
rental fee payments during  periods of royalty suspension, we
believe that the Service has the potential to earn revenues
estimated at between $2.4 million and $26 million from these
leases.  This estimate was calculated by multiplying .08 million
acres (2 percent of 3.9 million acres)  and .86 million acres (22
percent of 3.9 million acres) by the $7.50 per acre rental fee
multiplied by the 4-year average period of suspended royalties.

We believe that the Service, to realize those potential rental
revenues, should revise its oil and gas leases before the sales
are executed to continue annual rental fee payments during
periods of royalty suspension.  In that regard, our General
Counsel, in a November 20, 1998, memorandum, noted that the
United  States Code (43 U.S.C. 1337(b)(6)) states that oil and
gas leases "shall contain such rental and other provisions as the
Secretary may prescribe at the time of offering the area for
lease."  Also, the General Counsel stated that the Service should
determine whether it has the authority to revise existing leases
to require such payments before the lessees are granted royalty
relief to preclude new lessees from paying rental fees while
existing lessees are not required to pay royalties or rental
fees.  

Recommendations

We recommend that the Director, Minerals Management Service:

1.  Ensure that offshore oil and gas leases which will be issued
in the future under the provisions of the Deep Water Royalty
Relief Act of 1995 require that annual rental fee payments
continue during royalty suspension periods until  royalty
payments meet or exceed the annual rental fees for leased tracts
covered by the Act.

2.  Request a Solicitor's opinion as to whether the Service has
authority to modify terms of existing leases to require rental
payments of lessees during royalty suspension periods.  If this
authority does not exist, the Service should request a
Solicitor's opinion as to whether legislation can be sought to
remedy this situation.

Minerals Management Service Response and Office of Inspector
General Reply

In the October 7, 1999,  response (Appendix 2) to our draft
report from the Director, Minerals Management Service, the
Service nonconcurred with both recommendations but stated that it
would consider the report's recommendations as it begins
discussions of whether the financial terms for deep water leases
should be changed for future lease sales.  Based on the response,
we have revised the recommendations to clarify our intent.
However, we consider the Service's comments to be partially
responsive to both recommendations (see Appendix 3). 

Recommendation 1.  Nonconcurrence

In commenting on the report, the Service said  that
Recommendation 1 applied to future leases issued under the
provisions of the Royalty Relief Act; however, it questioned
whether the recommendation applied to leases which existed prior
to the Act.  We revised the recommendation to clarify that it
applied only to future leases.  The Service also stated that the
Assistant Secretary for Land and Minerals Management had issued a
notice in the Federal Register and hosted a workshop in June 1998
to begin discussions of whether the financial terms for deep
water leases should be changed for future lease sales and that it
would consider the report's recommendations during its review.   

Recommendation 2.  Nonconcurrence

The Service said  that Recommendation 2 applied to leases which
were issued prior to and after the Royalty Relief Act, stating
that it could not "unilaterally change" leases already issued,
that a number of leases were already producing and were not
eligible for royalty relief, and that lessees who hold leases
issued after the Royalty Relief Act do not require that the
Service approve royalty relief.  The Service said that it
therefore had "no leverage on which to rely in negotiating
changes to lease terms." 

Based on these comments, we have revised Recommendation 2  to
clarify that the Service should seek a  Solicitor's opinion
regarding whether there is authority for the Service to modify
lease terms to require rental payments of lessees during royalty
suspension periods and, if such authority is lacking, whether
legislation can be sought to remedy this situation. 

Additional Comments on Report

The Service also made other comments regarding our
recommendations and our estimates of potential increased
revenues.  The Service's  comments and our replies to these
comments are in the paragraphs that follow.

The Service commented that the statement in our August 1997 draft
report that Service officials "generally concurred" with the
report's recommendations during our June 2, 1998, exit conference
is "incorrect."   We included this statement based on the
Service's comments at the exit conference that it agreed with the
report's conclusions that under the terms of the Service's
offshore oil and gas leases, the Department would not receive
rental revenues during periods of royalty relief and that it
would pursue implementing our recommendations.  However, the
Service advised us that implementation may be difficult since
the July 8, 1998,  Department of the Interior appropriations bill
for fiscal year 1999 (H.R. 105-609) included a statement that
restricted it from making changes to the financial terms of the
oil and gas leases.  Specifically, the appropriations bill stated
the following:   

It has come to the attention of the Committee [on Appropriations]
that MMS [Minerals Management Service] is proposing a public
workshop to look at whether modifications to deep water leases
are warranted.  The Committee expects that existing financial
terms for these lease sales will be maintained until this
workshop is completed, public comments fully analyzed, and a
report provided to the House and Senate Committees on
Appropriations.

While this language restricts the Service from making changes to
the financial terms of the leases until certain actions are
completed, it does not prohibit the Service from making such
changes.  Also, the Service stated that it would pursue
implementation of the report's recommendations, which we
interpreted to mean that the Service  "generally concurred" with
the intent of the recommendations.  

The Service stated that increasing rental fees could reduce
offshore oil and gas lease sales and revenues from bonus bids on
these leases.  In response to a recommendation in our December
1993 audit report "Offshore Minerals Leasing Activities, Minerals
Management Service," the Service also commented that lease sales
and revenues from bonus bids would decline.  However, our March
1998 evaluation report "Followup of Offshore Minerals Leasing
Activities, Minerals Management Service" noted that the Service
increased the rental rates on offshore oil and gas leases from $3
per acre to $7.50 per acre and realized increased  rental
revenues of $141 million between September 1993 and August 1997,
with expected  additional rental revenues of $194 million between
fiscal years 1998 and 2001.  Also, the minimum bid rates did not
decline after the rental rate was increased to $7.50 per acre but
remained at $25 per acre, which is the same rate that had been in
effect for more than 50 years. 

The Service stated that our report had "overestimate[d]" the $6.9
million to $75.9 million on deep water leases  because it could
not "unilaterally change" leases which it had issued and that
companies had bid on leases with the understanding that they
would not have to pay rent during a period of royalty relief.
The estimated range was suggested  by a  senior-level Service
official after our exit conference on a preliminary draft of this
report.  However, based on the Service's comments to the draft
report, we have revised the final report to recognize the range
of $6.9  million to $75.9 million as an estimate of rental
revenues that the Service has lost the potential to earn because
of its offshore lease provisions instead of classifying these
amounts as potential additional revenues.  

The Service commented that only 23 of 112 deep water leases
existing prior to the Royalty Relief Act were eligible to request
royalty relief and that the remaining 89 leases were producing in
paying quantities and thus ineligible for royalty relief.
However,  the Code of Federal Regulations (30 CFR 203.1) states
that the Service is authorized to grant royalty relief in three
situations, including granting relief for a producing lease
proposing to "significantly expand production under a Development
Operations Coordination Document . . . or a supplementary . . .
[Document], that Minerals Management Service approved after
November 28, 1995."   Thus, under these circumstances, the 89
producing leases could request and be eligible for royalty
relief.  Notwithstanding this provision, we have revised the
estimate for theses leases from $18 million to an estimate of as
much as $3.7 million.

In accordance with the Departmental Manual (360 DM 5.3), we are
requesting a written response to this report by April 30, 1999.
The response should provide the information requested in Appendix
3.

The legislation, as amended, creating the Office of Inspector
General requires semiannual reporting to the Congress on all
audit reports issued, the monetary impact of audit findings
(Appendix 1), actions taken to implement audit recommendations,
and identification of each significant recommendation on which
corrective action has not been taken.

We appreciate the assistance of Office of the Secretary and
Bureau personnel in the conduct of our evaluation.

**FOOTNOTES**

[1]:The Minerals Management Service defines "barrel of oil
equivalent" as follows:  "The amount of energy resource (in this
document, natural gas) that is equal to one barrel of oil on an
energy basis.  The conversion is based on the assumption that a
barrel of oil produces the same amount of energy when burned as
5,620 m3 of natural gas."

[2]:"Paying quantities" is defined in the Code of Federal
Regulations (30 CFR 250.111) as the "production of oil, gas, or
both in quantities sufficient to yield a return in excess of the
costs, after completion of the well, of producing the
hydrocarbons at the wellhead."

[3]:This is the average period of time that the Service estimated
it would take for a lessee to reach the royalty suspension volume
and to begin paying royalties.  

                                                I-IN-MMS-002-98-A



APPENDIX 1

CLASSIFICATION OF MONETARY AMOUNTS

--------------------------------------------------------
Potential
Finding Area                        Additional Revenues 
--------------------------------------------------------
Opportunity to increase                             $2.4
rental revenues for                           million to
leases to be issued                          $26 million
between April 1, 1999, and  December 31, 2000
--------------------------------------------------------


APPENDIX 2

APPENDIX 2

APPENDIX 2

STATUS OF EVALUATION REPORT RECOMMENDATIONS

Finding/
Recommendation Reference

1 and 2

Status

Unresolved.

Action Required


Provide responses to the revised recommendations stating
concurrence   or nonconcurrence.  If concurrence is indicated,
provide action plans that include target dates and titles of the
officials responsible for implementation.  If nonconcurrence  is
indicated, provide reasons for the nonconcurrence.



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