As Profits Soar, Companies Pay
U.S. Less for Gas Rights – New York Times By EDMUND L. ANDREWS
At a time when energy prices and industry profits are soaring,
the federal government collected little more money last year than it did five years ago from the companies that extracted more than $60
billion in oil and gas from publicly owned lands and coastal waters.
If royalty payments in fiscal 2005 for natural gas
had risen in step with market prices, the government would have received about $700 million more than it actually did, a three-
month investigation by The New York Times has found.
But an often byzantine set of federal regulations, largely shaped and
fiercely defended by the energy industry itself, allowed companies producing natural gas to provide the Interior Department with much
lower sale prices – the crucial determinant for calculating government royalties – than they reported to their shareholders.
As a
result, the nation’s taxpayers, collectively, the biggest owner of American oil and gas reserves, have missed much of the recent energy
bonanza.
The disparities in gas prices parallel those uncovered just five years ago in a wave of scandals involving royalty
payments for oil. From 1998 to 2001, a dozen major companies, while admitting no wrongdoing, paid a total of $438 million to settle
charges that they had fraudulently understated their sale prices for oil.
Since then, the government has tightened its rules for
oil payments. But with natural gas, the Bush administration recently loosened the rules and eased its audits intended to uncover
cheating. …
Royalties for natural gas have climbed sharply in the last three years. But while prices nearly doubled
from 2001 to 2005, the $5.15 billion in gas royalties for 2005 was less than the $5.35 billion in 2001. When oil and gas are combined,
royalties were about $8 billion in 2005, almost the same as in 2001.
Because much of the information about specific transactions
is kept secret, it remains unclear to what extent, if at all, the weakness in royalty payments stems from deliberate cheating or from
issues with the rules themselves. …
The possible losses to taxpayers in gas could be even higher than the losses tied to the
scandals over oil royalties. For one thing, natural gas production on federal land is worth twice as much as oil. …
“These
companies had knowingly been cheating on oil for years, if not decades,” [Danielle Brian, executive director of the Project on Government
Oversight, a nonprofit watchdog group that exposed many of the oil royalty scandals,] continued. “To ignore the likelihood that the same
thing is happening on the gas side is absurd.” …
In the wake of the scandals, the outgoing Clinton administration pushed through
tough new rules for valuing crude oil, which relied on comparing company reports with an index of spot market prices.
But the Bush
administration did not close any loopholes for valuing natural gas. Indeed, in March 2005 it expanded the list of deductions and decided
against valuing sales at spot-market prices when companies were selling to their own affiliates.
The industry-friendly stance was
intentional.