(a) You must pay royalties on all gas and oil production for which an RSV or an RSS otherwise would be allowed under §§203.40 through 203.47 for any calendar year when the average daily closing NYMEX natural gas price exceeds the applicable threshold price shown in the following table.
| For a lease located in water . . . | And issued . . . | The applicable threshold price is . . . |
|---|---|---|
| (1) Partly or entirely less than 200 meters deep, | before December 18, 2008, | $10.15 per MMBtu, adjusted annually after calendar year 2007 for inflation. |
| (2) Partly or entirely less than 200 meters deep, | after December 18, 2008, | $4.55 per MMBtu, adjusted annually after calendar year 2007 for inflation unless the lease terms prescribe a different price threshold. |
| (3) Entirely more than 200 meters and entirely less than 400 meters deep, | on any date, | $4.55 per MMBtu, adjusted annually after calendar year 2007 for inflation unless the lease terms prescribe a different price threshold. |
(b) Determine the threshold price for any calendar year after 2007 by adjusting the threshold price in the previous year by the percentage that the implicit price deflator for the gross domestic product, as published by the Department of Commerce, changed during the calendar year.
(c) You must pay any royalty due under this section no later than March 31 of the year following the calendar year for which you owe royalty. If you do not pay by that date, you must pay late payment interest under 30 CFR 1218.54 from April 1 until the date of payment.
(d) Production volumes on which you must pay royalty under this section count as part of your RSV and RSS.
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