(a) You may request a valuation determination from ONRR regarding any gas produced. Your request must comply with all of the following:   (1) Be in writing;   (2) Identify specifically all leases involved, all interest owners of those leases, the designee(s), and the operator(s) for those leases;   (3) Completely explain all relevant facts. You must inform ONRR of any changes to relevant facts that occur before we respond to your request;   (4) Include copies of all relevant documents;   (5) Provide your analysis of the issue(s);   (6) Suggest your proposed valuation method.

(b) In response to your request, ONRR may:   (1) Request that the Assistant Secretary for Policy, Management and Budget issue a determination;   (2) Decide that ONRR will issue guidance; or   (3) Inform you in writing that ONRR will not provide a determination or guidance. Situations in which ONRR typically will not provide any determination or guidance include, but are not limited to:   (i) Requests for guidance on hypothetical situations; or   (ii) Matters that are the subject of pending litigation or administrative appeals.

(c)   (1) A determination that the Assistant Secretary for Policy, Management and Budget signs is binding on both you and ONRR until the Assistant Secretary modifies or rescinds it.   (2) After the Assistant Secretary for Policy, Management and Budget issues a determination, you must make any adjustments to royalty payments that follow from the determination, and, if you owe additional royalties, you must pay the additional royalties due, plus late payment interest calculated under §§1218.54 and 1218.102 of this chapter.   (3) A determination that the Assistant Secretary for Policy, Management and Budget signs is the final action of the Department and is subject to judicial review under 5 U.S.C. 701-706.

(d) Guidance that ONRR issues is not binding on ONRR, delegated States, or you with respect to the specific situation addressed in the guidance.   (1) Guidance and ONRR's decision whether or not to issue guidance or to request an Assistant Secretary for Policy, Management and Budget determination, or neither, under paragraph (b) of this section, are not appealable decisions or orders under part 1290 of this title.   (2) If you receive an order requiring you to pay royalty on the same basis as the guidance, you may appeal that order under 30 CFR part 1290.

(e) ONRR or the Assistant Secretary for Policy, Management and Budget may use any of the applicable criteria in this subpart to provide guidance or to make a determination.

(f) A change in an applicable statute or regulation on which ONRR based any guidance, or the Assistant Secretary for Policy, Management and Budget based any determination, takes precedence over the determination or guidance after the effective date of the statute or regulation, regardless of whether ONRR or the Assistant Secretary for Policy, Management and Budget modifies or rescinds the guidance or determination.

(g) ONRR may make requests and replies under this section available to the public, subject to the confidentiality requirements under §1206.149.