-Caveat Lector-


Begin forwarded message:

From: [EMAIL PROTECTED]
Date: January 22, 2007 8:29:29 PM PST
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: Duh! Bush Administration "Forgot" to Charge Big Oil $10 BILLION Required by Law


Inspector General: Dept of Interior’s
failure to act on royalty mistake
‘a jaw-dropping example of bureaucratic bungling’

By AIMEE CURL
January 18, 2007
http://federaltimes.com/index.php?S=2491924

While he’s found no smoking gun in the bureaucratic blunder that’s allowed oil companies to drill on federal land royalty-free, Interior Department Inspector General Earl Devaney told lawmakers today that knowledge of the mistake stretches into the agency’s current leadership.

More than 1,000 leases signed in 1998 and 1999 were inked without the clause that requires companies to pay royalties for oil drilled on federal land. The omission of this requirement, called a price threshold, could cost the federal government as much as $10 billion over 25 years, according to the Government Accountability Office.

Johnnie Burton, director of the Minerals Management Service, which oversees the drilling leases, testified before Congress last fall that she’d only recently found out the price thresholds were left out. But the inspector general’s investigation concluded Burton knew about the mistake as early as 2004.

Devaney told members of the Senate Energy and Natural Resources Committee that after Burton was shown a series of e-mails suggesting she’d been advised of the situation, the director conceded she “probably had been told of the omission in 2004 ... but speculated that she was probably told of the mistake in conjunction with being informed that the solicitor’s office had opined that nothing could legally be done to remedy the issue.”

Devaney called the fact that better attempts weren’t made to correct the problem a “shocking, cavalier management approach to an issue with such profound financial ramifications, a jaw-dropping example of bureaucratic bungling.”

Sen. Ron Wyden, D-Ore., asked why Burton is not being held accountable. “Move Ms. Burton to another position,” Wyden said. “Something needs to be done to show that people responsible for these mistakes face some consequences.” Stephen Allred, Interior’s assistant secretary for land and minerals management, argued that the initial mistakes didn’t occur under current management. “My experience with Director Burton, is that I’ve found her to have the highest integrity and be a competent person. I have not seen a reason yet to make a change in her status,” he said. “It’s obvious there’s a lot of blame to spread around on this issue,” said Committee Chairman Jeff Bingaman, D-N.M. “The entire matter raises questions about management and organization of the department.”

Devaney said he found no evidence that the omission of the price thresholds was deliberate. But he said this “costly bureaucratic mistake” results from a process that has too many people involved, but no one held responsible or accountable. “People are getting these voluminous documents, putting their initials on top, and passing it along to the next official. It’s a process that can be fixed, but it’s broken right now,” he said.
Allred said they plan to fix it.
“The controversies we’re discussing today, whether in fact or in perception is damaging to all of us,” he said, calling the inspector general’s report “luminous.”

Allred said the department is forming a review panel to look at Minerals Management Service’s processes and procedures and assured lawmakers that the administration has seen to it that price thresholds are in place for all leases after 1999.

Last month, five companies holding about one-fifth of the active leases from 1998 and 1999 made a deal with Interior to begin paying royalties as of Oct. 1, 2006. Department officials have indicated they’re continuing to work with the remaining companies on reaching similar agreements.

Sen. Larry Craig, R-Idaho, asked why these efforts have stalled.

Allred said the oil companies are waiting on lawmakers.

“We’re having continuing discussions with companies, but won’t make further progress until Congress defines the role it wants to play in this issue.” Lawmakers in the House today began debating a bill that includes a provision requiring oil companies to renegotiate the leases in question or pay a “conservation” fee in order to enter into future leases with the federal government. “We’ve discussed the issue with companies holding these leases,” Allred said. “Our goal is to focus on the greatest amount of royalties available — those to be derived for future production — and to try to minimize possibilities for legal action in future.”

Sen. Byron Dorgan, D-N.D., said the department and Congress should take an aggressive approach. “It’s our responsibility to decide to make this right on the behalf of the American tax payers,” he said. “The companies that have these contracts are benefiting from a mistake <sic> and laughing all the way to the bank. We need to make it clear we’re open for business only to the companies that will work with us in good faith to make this right.”

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