Minerals Management Service
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| Agency overview | |
|---|---|
| Formed | January 19, 1982 |
| Dissolved | October 1, 2011 |
| Superseding agency | |
| Headquarters | Washington, D.C. |
| Employees | 1,614 (2009) |
| Annual budget | US$310 million (2009) |
| Agency executive |
|
| Parent agency | Department of the Interior |
| Footnotes | |
| [1][2][3] | |
The Minerals Management Service (MMS) was an agency of the United States Department of the Interior that managed the nation's natural gas, oil and other mineral resources on the outer continental shelf (OCS).[4][5][6][7][8]
Due to perceived conflict of interest and poor regulatory oversight following the Deepwater Horizon oil spill and Inspector General investigations, Secretary of the Interior Ken Salazar issued a secretarial order on May 19, 2010, splitting MMS into three new federal agencies: the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, and the Office of Natural Resources Revenue.[9] MMS was temporarily renamed the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) during this reorganization before being formally dissolved on October 1, 2011.
Headquartered in Washington, DC,[2] the Agency received most of its revenue from leasing federal lands and waters to oil and natural gas companies with a profit margin of 98%.[10] It was among the top five revenue sources to the federal government, the IRS being number one.[10] As the MMS (before transition to BOEMRE), the Agency's signature feature according to an informational trifold was that it had "become our Nation's leader in offshore energy development and the collection of royalties on behalf of the American Public."[3] With respect to enforcement of regulations and safety, this same publication indicated that the "MMS also funds advanced scientific studies and enforces the highest safety and environmental standards."[3] The Agency's mission statement was put more formally in its 2010 Budget Proposal:[1]
MMS's mission is to manage the energy and mineral resources on the Outer Continental Shelf and Federal and American Indian mineral revenues to enhance public and trust benefits, promote responsible use, and realize fair value.
History
[edit]The Minerals Management Service was created on January 19, 1982.[3] In January 1983, Congress passed the Federal Oil and Gas Royalty Management Act with the stated purpose:[11]
To ensure that all oil and gas originated on the public lands and on the Outer Continental Shelf are properly accounted for under the direction of the Secretary of the Interior, and for other purposes.
The Secretary of the Interior at the time, James G. Watt, designated MMS as the administrative agency responsible for execution of activities under the Act.[12]
With the passage of the Energy Policy Act of 2005, MMS was given authority to develop renewable energy projects, such as wave, wind and current energy, on the Outer Continental Shelf.[3] As of 2010, the agency was composed of two operating units, the MRM and OEMM.[1]
- Offshore Energy and Minerals Management (OEMM) – Under the guidance of the 1953 Outer Continental Shelf Lands Act, the OEMM managed energy and mineral development in over 1.71 billion offshore acres of the Outer Continental Shelf (OCS) and annually disburses to the U.S. Treasury expected of $5 billion in minerals revenue in 2010.[1]
- Minerals Revenue Management (MRM) – Through the MRM program, the agency collected, accounted for, and disbursed mineral revenues from federal and American Indian leases.
The agency's offshore renewable energy program included development of renewable energy, such as wind, wave, and solar.[13]
Since its inception in 1982 through FY2008, the agency had disbursed approximately $200 billion to federal, state, and American Indian accounts.[1]
On June 21, 2010, the Minerals Management Service was renamed the Bureau of Ocean Energy Management, Regulation and Enforcement and reorganized.[5]
Operations
[edit]As of 2009, the Agency employed about 1,600 people, which was proposed to grow by less than one hundred in 2010.[1]
Organization
[edit]The BOEMRE was reorganized in May 2010 under the direction of Secretary of the Interior Ken Salazar following the Deepwater Horizon disaster. The bureau is organized into these three newly created agencies:[5][9]
- Bureau of Ocean Energy Management – Responsible for leasing areas of the Outer Continental Shelf for conventional and renewable energy resources.
- Bureau of Safety and Environmental Enforcement – Responsible for ensuring comprehensive oversight, safety, and environmental protection in all offshore energy activities.
- Office of Natural Resources Revenue – Responsible for royalty and revenue management, including collection and distribution of revenue, auditing and compliance, and asset management.[14]
Criticism and controversies
[edit]Since the inception of the MMS, and in particular since the 1990s, the Agency has been embroiled or implicated in numerous scandals. For example, in 1990 MMS employees were linked to prostitution,[15] and in 2008 the Department of Interior's Inspector General reported that MMS employees had participated in drug use and sexual activity with employees from the very energy firms they were to be regulating.[16]
Collection of oil and gas royalties
[edit]This section needs additional citations for verification. (April 2011) |

From the 1950s to at least 2002, drilling for oil and gas on federal lands and waters produced the second largest source of revenue for the federal government other than taxes.[18] The Minerals Revenue Management (MRM) division of MMS was responsible for managing all royalties associated with both onshore and offshore oil and gas production from federal mineral leases. In 1997, in light of evidence that industry was getting around royalty regulations and underpaying royalties to the tune of billions of dollars,[19] MMS proposed a more stringent rule to collect royalty payments in value (RIV), meaning in the form of cash payments from companies producing from federal leases. In response to that rule-making, industry proposed an alternative—"royalty-in-kind" (RIK) meaning in the form of actual oil or gas production. In fact, the industry opposed cash payments (RIV) and planned legal challenges to government efforts to establish regulations for fair market-based royalty payments.[20] A pilot test of the RIK concept was conducted. The Bush administration allowed the pilot to expand to a full program, with industry support,[20] even though the bill authorizing the program failed to pass in Congress. In FY2008, the RIK program accounted for more than 50% of the Agency's revenue collections.[21][22] When MRM collected royalties-in-kind, the oil or gas received from producers was offered for sale by the U.S. Government on the open market and the proceeds from these sales were taken as revenues.[22] The RIK program within MRM was responsible for managing these in-kind sales.[23]
In 2003, the General Accounting Office (GAO) noted that the MMS had failed to develop "clear strategic objectives linked to statutory requirements nor collected the necessary information to effectively monitor and evaluate the Royalty-in-Kind Program".[24][25] From 2003 to 2008, the GAO consistently challenged the legitimacy of the statistics published by the MMS that it used to support its claims that the RIK program was a success and justify its expansion.[25][26][27][28] Deficits in accounting practices, policies and procedures, and information systems used by the MMS led to concerns that the industry was significantly underpaying on their royalty obligations.[29] Computer systems in use by the Agency were considered to be sufficiently inadequate that a failure to report revenue or provide RIK by an industry member could not be reliably detected.[30] For instance, the GAO estimated that underpayments amounted to ~$160 million USD in 2006.[21] The GAO also disputed the practice of tracking oil and gas RIK deliveries on a monthly rather than daily basis, a practice used by the MMS and supported by the Department of the Interior, but potentially prone to abuse by producers.[22][29] Other contributing factors to the placing the accuracy of revenue streams at risk were insufficiently trained personnel and insufficient numbers of personnel working in the RIK program and a lack of standard reporting method by industry members, leading to manual rather than computer-based processing of more than half of the data required for RIK data inputs.[29]
Citing its scandals and the persistent incapacity of the RIK program to fulfill its statutory obligations, Interior Secretary Salazar announced in September 2009 that the RIK program would be shut down. Due to existing lease contracts with RIK provisions, the program as of 2010 is still winding down.[21] On October 7, 2009, the U.S. House Oversight Committee reported the loss of billions in revenue resulting from MMS mismanagement and cozy relationships with industry officials.[16] According to Darrell Issa, the top Republican on the United States House Committee on Oversight and Government Reform, there may be a conflict of interest for the Minerals Management Service to collect revenue and also oversee safety.
Gifts, gratuities and the revolving door
[edit]In September 2008, reports by the Inspector General of the Interior Department, Earl E. Devaney, were released that implicated over a dozen officials of the MMS of unethical and criminal conduct in the performance of their duties. The investigation found MMS employees had used cocaine and marijuana, and had sex with energy company representatives. MMS staff had also accepted gifts and free holidays amid "a culture of ethical failure", according to the investigation.[31] The New York Times's summary states the investigation revealed "a dysfunctional organization that has been riddled with conflicts of interest, unprofessional behavior and a free-for-all atmosphere for much of the Bush administration's watch."[32][33][34][35][36][37][38][39]
A May 2010 inspector general investigation revealed that MMS regulators in the Gulf region had allowed industry officials to fill in their own inspection reports in pencil and then turned them over to the regulators, who traced over them in pen before submitting the reports to the agency. MMS staff had routinely accepted meals, tickets to sporting events, and gifts from oil companies.[40] Staffers also used government computers to view pornography.[41] In 2009 the regional supervisor of the Gulf region for MMS pleaded guilty and was sentenced to a year's probation in federal court for lying about receiving gifts from an offshore drilling contractor. "This deeply disturbing report is further evidence of the cozy relationship between MMS and the oil and gas industry," Salazar said.[42][43]
The Project On Government Oversight (POGO) alleges that MMS has suffered from a systemic revolving door problem between the Department of Interior and the oil and gas industries. For example, thirteen months after departing as MMS director, Bush appointee Randall Luthi became president of the National Oceans Industries Association (NOIA) whose mission is "to secure reliable access and a favorable regulatory and economic environment for the companies that develop the nation's valuable offshore energy resources in an environmentally responsible manner."[44] Luthi succeeded Tom Fry, who was MMS director under the Clinton administration. Luthi and Fry represented precisely the industries their agency was tasked with being a watchdog over.[45] Lower level administrators influencing MMS have also gone on to work for the companies they once regulated:[46] In addition, Jimmy Mayberry served as Special Assistant to the Associate Director of Minerals Revenue Management (MRM), managed by MMS, from 2000 to January 2003. After he left, he created an energy consulting company that was awarded an MMS contract via a rigged bid. He was convicted along with a former MMS coworker Milton Dial who also came to work at the company. Both were found guilty of felony violation of conflict of interest law.[47][48][49]
Deepwater Horizon catastrophe and restructuring
[edit]
On May 11, 2010, in response to the Deepwater Horizon oil spill, Secretary of the Interior Ken Salazar announced that MMS would be restructured so that the safety and environmental functions are carried out by a unit with full independence from MMS in order to ensure that federal inspectors will have more tools, resources, and greater authority to enforce laws and regulations that apply to oil and gas companies operating on the Outer Continental Shelf.[50] Another outcome of the spill was the retirement of the associate director for offshore energy and minerals management at the time of the spill, Chris Oynes.[51]
MMS's regulatory decisions contributing to the 2010 oil spill included, in negligence, the decision that an acoustically controlled shut-off valve (BOP) would not be required as a last resort against underwater spills at the site,[52] MMS's failure to suggest other "fail-safe" mechanisms after a 2004 report raised questions about the reliability of the electrical remote-control devices.,[52] and the fact that MMS gave permission to dozens of oil companies to drill in the Gulf of Mexico without first getting required permits from the National Oceanic and Atmospheric Administration that assess threats to endangered species and to assess the impact the drilling was likely to have on the gulf.[53]
On May 19, 2010 Salazar announced that MMS will be broken up into three separate divisions, the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, and the Office of Natural Resources Revenue, which will separately oversee energy leasing, safety enforcement, and revenue collection.[9]
S. Elizabeth (Liz) Birnbaum served as the Director of the then named Minerals Management Service from July 15, 2009 to her resignation on May 27, 2010 amidst the Deepwater Horizon oil spill.[54] On June 15, 2010 President Obama named Michael R. Bromwich, a former federal prosecutor and inspector general for the Justice Department, to head up efforts to restructure BOEMRE. Bob Abbey, then director of the Bureau of Land Management, took over as Acting Director of BOEMRE until his replacement could be confirmed.[55] Amidst efforts to reorganize the beleaguered agency, on June 21, 2010, Bromwich was sworn in as BOEMRE's new director, and Secretary of the Interior Ken Salazar issued a Secretarial Order that renamed the Minerals Management Service the Bureau of Ocean Energy Management, Regulation and Enforcement.[5] Almost a year later, William K. Reilly, who co-chaired the commission charged with investigating the Horizon blowout, was quoted as saying "they changed the name, but all the people are the same" and "it's embarrassing" in reference to the current situation.[56]
See also
[edit]References
[edit]- ^ a b c d e f Materials Management Service (2010). Budget Justifications and Performance Information, Fiscal Year 2010: Minerals Management Service (PDF) (Report). United States Department of the Interior. Archived from the original (PDF) on July 6, 2010. Retrieved April 17, 2011. See Table 1, page 13. Figure for 2008 was ~$297 million; proposal for 2010 was ~$347 million.
- ^ a b "Contact Us". Bureau of Ocean Energy Management, Regulation and Enforcement. The News Room. Archived from the original on April 18, 2011. Retrieved April 17, 2011.
- ^ a b c d e "The Minerals Management Service" (PDF). U.S. Department of the Interior. Archived from the original (PDF; trifold) on July 22, 2010. Retrieved April 17, 2011.
- ^ Salazar, Ken (June 18, 2010), Secretarial Order Nº 3302, archived from the original (PDF) on June 27, 2010, retrieved June 28, 2010
- ^ a b c d "Salazar Swears in Michael R. Bromwich to Lead Bureau of Ocean Energy Management, Regulation and Enforcement" (Press release). Bureau of Ocean Energy Management, Regulation and Enforcement. June 21, 2010. Archived from the original on June 26, 2010. Retrieved April 17, 2010.
- ^ Ed O'Keefe (June 21, 2010). "Salazar swears in new boss at
MMSBOEMRE". Washington Post. Federal Eye. Archived from the original (blog posting) on March 2, 2011. Retrieved June 21, 2010. - ^ "About the Minerals Management Service". Minerals Management Service. U.S. Department of the Interior. Archived from the original on July 1, 2010. Retrieved June 10, 2010.
- ^ "About BOEMRE". Bureau of Ocean Energy Management, Regulation and Enforcement. U.S. Department of the Interior. Archived from the original on April 18, 2011. Retrieved April 17, 2011.
- ^ a b c Salazar, Ken (May 19, 2010), Secretarial Order Nº 3299, archived from the original (PDF) on May 20, 2010, retrieved May 21, 2010
- ^ a b "Issa says oil royalties trail only taxes in generating revenue for the federal government". St. Petersburg Times. St. Petersburg, Florida. PolitiFact.com. Retrieved April 17, 2011.
- ^ 97th United States Congress (January 12, 1983). "Federal Oil and Gas Royalty Management Act of 1982" (PDF). 96 STAT. 2447. Archived from the original (PDF) on May 27, 2010. Retrieved April 17, 2011.
{{cite web}}: CS1 maint: numeric names: authors list (link) - ^ "OCS Lands Act History". Bureau of Ocean Energy Management, Regulation and Enforcement. U.S. Department of the Interior. Archived from the original on April 20, 2011. Retrieved April 17, 2011.
- ^ "Cape Wind Threats: Permit Process". Alliance to Protect Nantucket Sound. 2007. Archived from the original on October 13, 2007. Retrieved December 5, 2007.
- ^ Interior secretary orders division of federal oil regulator (Los Angeles Times, May 19, 2010)
- ^ Jeff Brady (September 11, 2008). "Sex Scandal At Federal Agency Is Not New" (radio program transcript). NPR. All Things Considered. Retrieved April 17, 2011.
- ^ a b Juliet Eilperin; Madonna Lebling (May 29, 2010). "MMS's troubled past". Washington Post. Retrieved May 30, 2010.
- ^ testimony Archived March 13, 2012, at the Wayback Machine
- ^ Diane Austin; Bob Carriker; Tom McGuire; Joseph Pratt; Tyler Priest; Allan G. Pulsipher (July 2004), Interim Report on the History of the Offshore Oil and Gas Industry in Southern Louisiana (PDF), New Orleans: United States Department of Interior, Minerals Management Service, Gulf of Mexico OCS Region, p. 30, archived from the original (PDF) on July 21, 2011
- ^ Scott Hiaasen; Curtis Morgan (May 22, 2010). "Feds neglect to collect billions from big oil". Miami Herald. McClatchy. Retrieved April 17, 2011.
Along with lax enforcement of safety rules, the agency that regulates drilling has failed to collect billions in fees
- ^ a b Jim Ford (March 20, 2001), Appendix D: Memo from Jim Ford, Federal Relations Director of the American Petroleum Institute to Vice President Cheney's Energy Task Force (PDF), American Petroleum Institute, retrieved May 13, 2010
- ^ a b c Daniel Whitten (September 16, 2010). "Oil, Gas Royalty-In-Kind Program to End, Salazar Says". Bloomberg. Bloomberg. Retrieved May 14, 2010.
- ^ a b c Ben Geman (September 14, 2009). "Oil And Gas: Royalty-in-kind oversight problems costing millions in revenue — GAO". E&E News PM. Washington, D.C.: Environment and Energy (E&E) Publishing. Retrieved May 13, 2010.
- ^ Investigative Report: Gregory W. Smith (PDF), Department of Interior, Office of Inspector General, August 7, 2008, archived from the original (PDF) on May 22, 2010, retrieved May 13, 2010
- ^ The name "General Accounting Office" is being used here rather than the new name "Government Accountability Office" because that change did not take place until 2004.
- ^ a b Mineral Revenues: A More Systematic Evaluation of the Royalty-in-kind Pilots is Needed (PDF) (Report to Congressional Requesters), General Accounting Office, January 2003, GAO-03-296, retrieved May 13, 2010
- ^ Mineral Revenues: Cost and Revenue Information Needed to Compare Different Approaches for Collecting Federal and Gas Royalties (PDF) (Report to Congressional Requesters), General Accounting Office, April 2004, GAO-04-448, retrieved April 17, 2011
- ^ Royalties Collection: Ongoing Problems with Interior's Efforts to Ensure A Fair Return for Taxpayers Require Attention (PDF) (Testimony Before Committee on Natural Resources, U.S. House of Representatives), General Accounting Office, March 28, 2007, GAO-07-682T, retrieved May 13, 2010
- ^ Mineral Revenues: Data Management Problems and Reliance on Self-Reported Data for Compliance Efforts Put MMS Royalty Collections at Risk (PDF) (Testimony Before the Subcommittee on Energy and Mineral Resources, Committee on Natural Resources, House of Representatives), General Accounting Office, March 11, 2008, p. 4, GAO-08-560T, retrieved May 13, 2010
- ^ a b c Royalty-in-Kind Program: MMS Does Not Provide Reasonable Assurance It Receives Its Share of Gas, Resulting in Millions in Forgone Revenue (PDF) (Report to Congressional Requesters), General Accounting Office, August 2009, GAO-09-744, retrieved April 18, 2011
- ^ Mineral Revenues: Data Management Problems and Reliance on Self-Reported Data for Compliance Efforts Put MMS Royalty Collections at Risk (PDF), Government Accountability Office, September 12, 2008, p. 5, GAO-08-893R, retrieved May 14, 2010
- ^ Kravitz, Derek (September 11, 2008). "Report Says Oil Agency Ran Amok: Interior Dept. Inquiry Finds Sex, Corruption". The Washington Post. Retrieved September 11, 2008.
- ^ Savage, Charlie (September 11, 2008). "Sex, Drug Use and Graft Cited in Interior Department". The New York Times. Retrieved September 11, 2008.
- ^ "Oil companies gave sex, drinks, gifts to federal overseers". McClatchy Newspapers. Archived from the original on September 12, 2008. Retrieved September 11, 2008.
- ^ "Memorandum [cover letter by inspector general]" (PDF). Retrieved September 11, 2008.
- ^ "Investigative Report of Gregory W. Smith (Redacted)" (PDF). The Washington Post. Archived from the original (PDF) on September 12, 2008. Retrieved September 11, 2008.
- ^ "Investigative Report of MMS Oil Marketing Group - Lakewood (Redacted)" (PDF). The Washington Post. Archived from the original (PDF) on September 12, 2008. Retrieved September 11, 2008.
- ^ "Government Officials Tried To Rewrite Ethics Rules To Accommodate Their Partying". ThinkProgress. Retrieved September 11, 2008.
- ^ "Official increased employee's 'performance award' for providing him with cocaine". ThinkProgress. Retrieved September 11, 2008.
- ^ Simon, Dan; David Fitzpatrick (October 14, 2008). "Whistleblower: Oil watchdog agency 'cult of corruption'". CNN.com. Retrieved October 15, 2008.
- ^ Inspector General Faults Minerals Management Service (New York Times, May 24, 2010)
- ^ Salazar: IG drilling findings 'deeply disturbing' - Associated Press, 5/25/10
- ^ Regulators Accepted Gifts From Oil Industry, Report Says (Wall Street Journal, May 25, 2010)
- ^ Investigative Report, Office of Inspector General, U.S. Dept of Interior, May 25, 2010
- ^ NOIA home page, National Oceans Industries Association, archived from the original on May 11, 2010, retrieved May 13, 2010
- ^ Mandy Smithberger (April 30, 2010), MMS Scandal: Where Are They Now? Deepwater Horizon Edition, Project On Government Oversight, retrieved May 13, 2010
- ^ Drilling the Taxpayer: Department of Interior's Royalty-In-Kind Program, Project On Government Oversight, September 18, 2008, retrieved May 13, 2010
- ^ Investigative Report: Federal Business Solutions Contracts (PDF), Department of Interior, Office of Inspector General, September 4, 2008, archived from the original (PDF) on April 4, 2010, retrieved May 13, 2010
- ^ Former Department of Interior Official Pleads Guilty to Conflict of Interest Charge, United States Department of Justice, July 30, 2008, retrieved May 13, 2010
- ^ Former Department of Interior Official Pleads Guilty to Felony Violation of Post Employment Conflict Law, United States Department of Justice, September 15, 2008, retrieved May 13, 2010
- ^ Salazar Launches Safety and Environmental Protection Reforms to Toughen Oversight of Offshore Oil and Gas Operations, Department of the Interior, May 11, 2010, retrieved May 13, 2010
- ^ "Independent probe of BP oil spill in works". The Washington Post. Archived from the original on February 12, 2023.
- ^ a b Richard S. Dunham; Stewart Powell (May 9, 2010), Critics blame energy lobby for lax safety rules, Houston Chronicle, retrieved May 13, 2010
- ^ Ian Urbina (May 13, 2010), "U.S. Said to Allow Drilling Without Needed Permits", New York Times, retrieved May 14, 2010
- ^ Salazar on Birnbaum's resignation, Politico.com, Capital News Co., May 27, 2010
- ^ Interior's New Oil Industry Watchdog Has Little Energy Experience (New York Times, June 16, 2010)
- ^ John M. Broder; Clifford Krauss (April 17, 2011). "Regulation of Offshore Rigs Is a Work in Progress". New York Times. Politics. Retrieved April 17, 2011.
External links
[edit]- BRODER and, JOHN M.; MICHAEL LUO (May 30, 2010). "Reforms Slow to Arrive at Drilling Agency". New York Times. Retrieved May 31, 2010.
- "Minerals Management Service". Archived from the original on November 26, 2005. Retrieved November 26, 2005.
- Project On Government Oversight
- Andrews, Edmund L. (December 3, 2006), "Blowing the Whistle on Big Oil", New York Times, retrieved May 14, 2010
- Keeping Them Honest: Oil Royalties (PDF), Anderson Cooper 360, January 18, 2007, archived from the original (PDF) on October 30, 2008, retrieved May 14, 2010
- A billion here, a billion there, U.S. News & World Report, December 10, 2006, retrieved May 14, 2010
- "Harvesting Energy From Public Land May Owe U.S.", Washington Post, May 7, 2006[dead link]
- Feds neglect to collect billions from big oil: Along with lax enforcement of safety rules, the agency that regulates drilling has failed to collect billions in fees, Miami Herald, May 22, 2010
- Crude Awakening, PBS NOW, June 16, 2006, archived from the original on April 15, 2013
- Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation's Outer Continental Shelf, 2006 (PDF), Minerals Management Service, February 2006, archived from the original (PDF) on September 12, 2008
Minerals Management Service
View on GrokipediaHistory
Establishment and Early Mandate (1982)
![Official Portrait of President Reagan 1981-cropped.jpg][float-right] The Minerals Management Service (MMS) was established on January 19, 1982, by Secretarial Order No. 3071 issued by U.S. Department of the Interior Secretary James G. Watt during the Reagan administration.[3][8] This creation followed congressional hearings in 1981 that highlighted inefficiencies in mineral resource management, prompting a reorganization to consolidate dispersed functions within the Department of the Interior.[9] The order drew authority from Section 2 of the Reorganization Plan of 1950, which permitted the Secretary to delegate and restructure departmental responsibilities.[3] The agency's formation transferred oil and gas leasing, inspection, and regulatory oversight from the U.S. Geological Survey (USGS), while also shifting royalty collection duties to MMS, thereby centralizing revenue management previously handled by USGS.[10] Initially encompassing both onshore and offshore minerals, MMS's responsibilities for onshore activities were promptly reassigned to the Bureau of Land Management on December 3, 1982, refocusing the agency primarily on offshore operations.[11] Headquartered in Washington, D.C., MMS assessed the extent of offshore mineral resources, conducted lease sales on the Outer Continental Shelf (OCS), and supervised production to ensure compliance with safety and environmental standards.[1] MMS's early mandate emphasized efficient administration of federal mineral revenues, which were derived mainly from leasing federal waters and lands to oil and natural gas companies, with the agency distributing collected royalties to states, the U.S. Treasury, and other recipients.[12] The structure aimed to promote development of OCS resources under the Outer Continental Shelf Lands Act, balancing extraction with regulatory enforcement, though it combined revenue promotion and oversight in a single entity—a design later scrutinized for potential conflicts.[13] In its inaugural year, MMS prioritized streamlining lease management and revenue processes to support national energy needs amid the Reagan administration's deregulatory approach.[14]Expansion and Operational Growth (1980s–2000s)
The Minerals Management Service (MMS), established on January 19, 1982, by Department of the Interior Secretary James Watt under President Ronald Reagan, consolidated responsibilities for mineral leasing, royalty collection, and revenue distribution previously handled by the U.S. Geological Survey and Bureau of Land Management. This reorganization aimed to streamline operations and enhance efficiency in managing federal onshore and Outer Continental Shelf (OCS) resources, amid a push for expanded domestic energy production during the early 1980s energy crises.[7][13] In the 1980s, MMS pursued aggressive offshore leasing under the Reagan administration's deregulatory approach, implementing the 1987–1992 Five-Year Program that scheduled 41 lease sales, with 23 conducted by mid-decade, focusing heavily on the Gulf of Mexico to counteract declining production amid low oil prices. Area-wide leasing was introduced in 1983 for mature Gulf regions, offering all unleased acreage rather than limited tracts, which spurred exploration despite economic volatility and legal challenges to sales in Pacific and Atlantic waters. Onshore, MMS transferred some inspection duties back to the Bureau of Land Management in 1982 but retained core leasing and royalty functions, overseeing a gradual increase in active leases as commodity prices recovered toward the decade's end.[15][16] The 1990s marked a pivot to deepwater frontiers, with MMS administering lease sales that expanded into water depths exceeding 1,000 feet, facilitated by technological advances in drilling and subsea production. The Deep Water Royalty Relief Act of 1995 provided royalty suspensions for qualifying projects, incentivizing investment in high-cost Gulf deepwater tracts and resulting in discoveries that boosted recoverable reserves estimates. By the early 2000s, this expansion yielded significant operational growth, with OCS oil production rising from under 400 million barrels annually in the late 1980s to peaks approaching 500 million barrels by 2009, primarily from Gulf deepwater fields, while federal revenues from OCS royalties and bonuses surpassed $100 billion cumulatively by 1992 and averaged over $8 billion yearly in the mid-2000s. MMS staffing and technical divisions grew to manage approximately 8,300 active leases and 4,000 facilities by the late 2000s, incorporating enhanced environmental assessments and safety inspections amid rising activity.[17][18][19][20]Deepwater Horizon Response and Agency Dissolution (2010–2011)
The explosion of the Deepwater Horizon semi-submersible drilling rig on April 20, 2010, in the Macondo prospect of Mississippi Canyon Block 252 killed 11 workers and triggered an uncontrolled oil release estimated at 4.9 million barrels over 87 days, marking the largest marine oil spill in U.S. history.[21] The Minerals Management Service (MMS), as the agency responsible for approving drilling permits and overseeing offshore safety and environmental compliance, had granted BP a permit for the exploratory well on April 16, 2010, despite unaddressed risks such as inadequate blowout preventer testing and contingency planning.[22] Post-incident probes, including by the Department of the Interior's Inspector General, identified MMS regulatory lapses, such as routine waivers of environmental impact analyses under the National Environmental Policy Act and a pattern of non-enforcement of safety protocols, exacerbated by longstanding agency-industry entanglements where regulators accepted gifts and employment offers from oil firms.[23] These findings underscored systemic under-regulation, with MMS prioritizing production over rigorous oversight, as evidenced by its approval of BP's spill response plan that unrealistically claimed Gulf wildlife included walruses and sea lions absent from the region.[21] In immediate response, Interior Secretary Ken Salazar on May 19, 2010, issued Secretarial Order No. 3299, directing the structural division of MMS to mitigate conflicts of interest inherent in combining revenue collection, resource leasing, and regulatory enforcement within one entity.[7] This order halted new deepwater permitting and inspections pending safety reforms, effectively imposing a moratorium on exploratory drilling in the Gulf of Mexico that lasted until October 12, 2010.[9] Concurrently, MMS faced congressional scrutiny, including hearings revealing that agency staff had approved BP's operations without verifying compliance with well-control standards, contributing to the blowout preventer's failure.[24] Michael Bromwich, appointed as director of the newly formed Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) on June 21, 2010, led interim reforms, including enhanced inspection protocols and the dismissal of 10 MMS Gulf of Mexico employees for ethical violations tied to industry influence.[13] The reorganization proceeded in phases, with BOEMRE assuming MMS's regulatory and leasing duties initially, while separating revenue functions into a distinct office.[25] By October 1, 2011, MMS was fully dissolved and replaced by three independent entities under the Department of the Interior: the Bureau of Ocean Energy Management (BOEM) for conventional and renewable energy leasing and environmental assessments; the Bureau of Safety and Environmental Enforcement (BSEE) for regulatory oversight, inspections, and spill response; and the Office of Natural Resources Revenue (ONRR) for royalty management and revenue disbursement.[26] This restructuring, formalized through Secretarial Order No. 3299 and subsequent directives, aimed to eliminate the "cozy" agency-industry culture documented in prior Inspector General reports and prevent future regulatory capture by isolating enforcement from fiscal incentives.[2] The changes followed recommendations from the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, which criticized MMS for inadequate risk assessment and deference to industry self-regulation.[9] Despite these reforms, implementation challenges persisted, including staffing shortages and delays in updating permitting guidelines, though the separation enhanced accountability in subsequent Gulf operations.[7]Mandate and Core Functions
Offshore and Onshore Resource Leasing
The Minerals Management Service (MMS) administered the federal leasing program for oil, natural gas, and other leasable minerals on the Outer Continental Shelf (OCS), encompassing approximately 2 billion acres of submerged lands under U.S. jurisdiction beyond state waters.[27] Under the Outer Continental Shelf Lands Act (OCSLA) of 1953, as amended, MMS developed and implemented multi-year leasing programs, culminating in competitive sealed-bid auctions for exploration and development rights.[28] These programs, approved every five years by the Secretary of the Interior, specified the timing, location, and scale of lease sales, balancing resource potential with environmental considerations through environmental impact statements and consultations with states, agencies, and stakeholders.[29] For instance, the 2007–2012 program scheduled 41 lease sales across regions like the Gulf of Mexico, where the majority of U.S. offshore production occurred, generating billions in upfront bonus bids—such as $3.68 billion from Lease Sale 206 in September 2008.[30] The offshore leasing process began with resource assessments and calls for information to gauge industry interest, followed by proposed and final five-year programs published in the Federal Register.[31] MMS then conducted sales via oral or sealed bids, requiring a minimum one-eighth royalty on production and upfront payments including bonus bids, rents, and fees; leases typically spanned 5–10 years for exploration with extensions for development.[32] By 2010, MMS had issued over 50,000 OCS leases since 1954, with active leases producing about 1.5 million barrels of oil and 5 trillion cubic feet of gas annually in key areas like the Central Gulf of Mexico.[27] MMS also managed non-oil/gas minerals, such as sulphur and salt, though these constituted a minor portion of activity.[33] For onshore resources, MMS did not directly issue leases, which fell under the Bureau of Land Management (BLM) for oil, gas, coal, and other minerals on approximately 700 million acres of federal lands pursuant to the Mineral Leasing Act of 1920 and related statutes.[34] Instead, MMS's role focused on post-leasing fiscal oversight, including auditing production verification, enforcing lease terms for revenue accrual, and collecting royalties—totaling about 12.5% of gross production value—from federal and Indian onshore leases.[35] This division ensured coordinated management, with MMS processing data from BLM-issued leases to secure payments; for example, in fiscal year 2008, onshore royalties contributed over $4 billion to federal coffers alongside offshore revenues.[36] MMS collaborated via interagency protocols to align lease compliance and revenue tracking, mitigating discrepancies in production reporting across the 30% of U.S. oil and gas derived from federal lands.[37]Royalty Collection and Fiscal Responsibilities
The Minerals Management Service (MMS) Royalty Management Program was responsible for collecting royalties, rents, bonuses, and other revenues from the production of oil, natural gas, coal, and other minerals extracted from federal and Indian leases, ensuring accurate accounting and timely disbursement to beneficiaries.[38][39] Royalties were typically calculated as a percentage of the value of production—ranging from 12.5% to 18.75% for most oil and gas leases—or, in some cases, as royalty-in-kind (RIK), where MMS accepted physical volumes of commodities and marketed them directly.[40] The program processed monthly reports and payments from approximately 2,100 companies operating over 28,000 producing federal and Indian leases, employing systems like the Minerals Revenue Management Support System for revenue control, record-keeping, and fund distribution.[35] Fiscal operations emphasized compliance through audits, valuations, and enforcement, with MMS authorized to initiate civil penalties for underpayments or reporting errors.[41] In fiscal year 2006, for instance, the RIK program alone generated over $4 billion by receiving and selling nearly 75.3 million barrels of oil equivalent, primarily from the Gulf of Mexico.[42] Overall, MMS collected and disbursed more than $4 billion annually in revenues from offshore federal leases and onshore minerals on federal lands, contributing to cumulative totals exceeding $176 billion from 1982 through early 2008.[43][44] Revenues were disbursed according to statutory formulas: for onshore production, states received 50% of royalties from lands within their borders, with the remainder allocated to the U.S. Treasury or specific funds like the Reclamation Fund; offshore royalties generally flowed to the Treasury, though coastal states later received shares under laws like the Gulf of Mexico Energy Security Act.[45] Indian tribal and allotted leases directed payments to tribes or individual owners after federal administrative deductions.[46] These distributions represented one of the federal government's largest non-tax revenue streams, supporting public infrastructure, education, and energy development initiatives.[47]Safety and Environmental Regulation
The Minerals Management Service (MMS) regulated safety and environmental aspects of offshore oil and gas operations on the Outer Continental Shelf (OCS) through promulgation and enforcement of standards under 30 CFR Part 250, aiming to prevent blowouts, fires, spills, and operational hazards while conserving resources.[48] [49] Responsibilities included reviewing and approving exploration, development, and production plans; issuing permits for drilling and operations; and mandating operator compliance with safety devices, well control measures, and pollution prevention protocols.[50] [51] Lessees bore primary accountability for safe operations and environmental protection, but MMS established baseline requirements and conducted oversight to verify adherence.[51] MMS performed regular inspections of OCS facilities, including unannounced complete inspections of safety systems on production platforms and targeted checks during drilling phases to assess equipment integrity, emergency response capabilities, and compliance with regulations.[52] [49] By 2000, the agency supplemented these with programs like the Focused Facility Review to identify risks collaboratively with operators and enforce corrective actions, such as platform shutdowns for non-compliance.[51] [53] Enforcement actions included civil penalties, suspensions of operations, and criminal referrals; for instance, in 2008, MMS inspections led to sentencing of an operator for using unfit gas lift lines on California platforms, violating serviceability standards identified as early as 2000.[53] In environmental regulation, MMS integrated assessments into the leasing process under the Outer Continental Shelf Lands Act, evaluating potential impacts on marine ecosystems, fisheries, and coastal areas before approving leases and activities.[54] [55] This involved stipulations in leases to mitigate risks, such as timing restrictions to protect wildlife or buffers around sensitive habitats, alongside requirements for spill contingency plans and oil spill financial responsibility coverage.[56] [28] MMS also collaborated with agencies like the U.S. Fish and Wildlife Service to address biological and habitat concerns in OCS development.[28] Criticisms of MMS oversight intensified after the April 20, 2010, Deepwater Horizon explosion and spill, which killed 11 workers and released approximately 4.9 million barrels of oil, as reports highlighted regulatory gaps including expedited approvals without full environmental impact analyses—such as MMS's 2009 sign-off on BP's plan asserting no worst-case spill risks—and chronic understaffing that limited inspections to a fraction of facilities annually.[57] [13] A May 2010 Department of Interior Inspector General investigation revealed ethical lapses among MMS Gulf of Mexico inspectors, including acceptance of industry gifts, illegal drug use, and sexual relationships with regulated entities, alongside falsified training and inspection reports, fostering perceptions of insufficient independence and enforcement rigor.[58] These issues, compounded by a historical "cozy" industry relationship noted in prior audits, prompted Secretary Ken Salazar's May 2010 reforms separating MMS's revenue, leasing, and regulatory functions, culminating in the agency's 2011 dissolution and transfer of safety and environmental enforcement to the new Bureau of Safety and Environmental Enforcement (BSEE).[50] [59] [26]Organizational Framework
Internal Structure and Divisions
The Minerals Management Service (MMS) operated through two core programs that reflected its dual mandate of resource development and revenue stewardship. The Offshore Minerals Management Program handled the exploration, leasing, and regulatory oversight of oil, gas, and other minerals on the Outer Continental Shelf (OCS), encompassing lease administration, environmental studies, safety inspections, and enforcement of operational standards.[60] [12] This program included subcomponents for pre-lease activities like resource evaluation and post-lease supervision of drilling, production, and decommissioning. The Minerals Revenue Management Program, by contrast, focused on collecting, verifying, auditing, and disbursing royalties and other revenues from federal onshore and offshore leases, as well as American Indian mineral production, generating billions annually for federal, state, and tribal beneficiaries.[60] [61] Headquartered in Washington, D.C., with key operational support in Herndon, Virginia, MMS maintained a workforce of approximately 1,700 employees distributed across 20 locations to support field-level implementation.[61] The Director's Office provided centralized leadership, policy direction, and coordination with the Department of the Interior, while administrative units handled budgeting, procurement, and information technology. Regional and field offices decentralized authority for on-the-ground activities, particularly in the Offshore Minerals Management Program, which featured three primary regional offices: the Gulf of Mexico Region in New Orleans, Louisiana (overseeing the majority of U.S. offshore production); the Pacific Region in Camarillo, California (managing West Coast OCS activities); and the Alaska OCS Region in Anchorage, Alaska (focusing on Arctic and Bering Sea leases). These regions conducted lease sales, pipeline permitting, compliance monitoring, and emergency response, adapting to local environmental and geological conditions. The Minerals Revenue Management Program included specialized components such as valuation experts for determining production values, auditors for verifying reported royalties, and compliance teams for Indian lease enforcement, with key facilities in Lakewood, Colorado, for revenue processing and Dallas, Texas, for audits. This structure enabled MMS to balance national policy with regional execution but later drew criticism for insufficient separation between revenue-generating functions and safety regulation.[61]Staffing, Funding, and Operational Challenges
The Minerals Management Service (MMS) experienced chronic understaffing, particularly in regulatory and inspection roles, which constrained its oversight of offshore oil and gas operations. In the Gulf of Mexico region, MMS relied on approximately 55 production operations inspectors to monitor over 3,500 facilities as of early 2010, yielding an inspector-to-facility ratio of roughly 1:64.[62] [63] This imbalance stemmed from stagnant staffing levels that failed to scale with the growing complexity and volume of deepwater drilling activities, exacerbating gaps in verification of safety protocols and environmental compliance.[64] Funding limitations within the Department of the Interior's appropriations further impeded MMS's ability to expand its workforce. Regulatory functions, including inspections and enforcement, competed for resources against revenue-generating activities like leasing and royalty collection, leading to insufficient budgets for hiring and training specialized personnel. Federal pay scales lagged behind industry compensation, resulting in high turnover as experienced inspectors were recruited by oil companies, with reports indicating that some Gulf inspectors received gifts or job offers from regulated entities amid these shortages.[65] By fiscal year 2008, MMS's human capital plan acknowledged these workforce gaps but struggled to address them due to hiring freezes and recruitment delays.[66] Operational challenges arose directly from these constraints, manifesting in reduced inspection frequency, over-reliance on operator self-certifications, and diminished enforcement capacity. MMS inspections often prioritized high-risk facilities but covered only a fraction of platforms annually, with team-based approaches sometimes understaffed and vulnerable to incomplete assessments.[67] These issues contributed to systemic vulnerabilities, as evidenced by internal reviews highlighting inadequate coverage of production verification and environmental impact assessments in the Outer Continental Shelf.[68] The agency's dual mandate—promoting resource development while ensuring safety—intensified these pressures, as resource allocation favored permitting over rigorous oversight amid limited funds and personnel.[69]Economic Impacts and Achievements
Revenue Generation for Federal, State, and Tribal Benefits
The Minerals Management Service (MMS) generated substantial revenues primarily through upfront leasing bonuses, annual rental payments, and production-based royalties from oil, natural gas, coal, and other minerals extracted from federal onshore lands, the Outer Continental Shelf (OCS), and Indian lands. Royalties typically ranged from 12.5% of production value for many onshore leases under the Mineral Leasing Act of 1920 to up to 16.67% or higher for certain OCS leases, with rates varying by lease terms, commodity prices, and statutory adjustments.[70][71] In fiscal year 2007, MMS collected over $11.4 billion in such revenues, reflecting peak oil and gas prices and production levels during the agency's operational height.[44] Federal beneficiaries received the largest share, directed to the U.S. Treasury's general fund, the Reclamation Fund for water infrastructure, and other designated accounts like the Historic Preservation Fund. Approximately 70-80% of net revenues after state and tribal shares typically accrued to federal uses, funding national priorities without direct earmarks to specific programs.[70][72] States received disbursements equivalent to 50% of royalties and related revenues from federal onshore mineral production within their borders, as mandated by the Mineral Leasing Act. For OCS leases, coastal states in the Gulf of Mexico were allocated 37.5% of revenues from leases within 200 nautical miles of their shores under the Gulf of Mexico Energy Security Act of 2006, benefiting states like Louisiana, Texas, Mississippi, and Alabama with billions in annual transfers during high-production years. In fiscal year 2012—shortly after MMS's functions transitioned but using comparable systems—36 states received $2.1 billion in total mineral royalty disbursements.[70][72][73] Tribal governments and individual Indian mineral owners (allottees) were entitled to 100% of revenues from production on tribally owned lands, with MMS handling collection, auditing, and distribution for over 41 tribes and approximately 30,000 allottees. From 1982 to 2009, MMS distributed $2.2 billion specifically to 29 Indian tribes and individual owners from such sources, often collaborating with tribes on capacity-building for revenue management. These funds supported tribal infrastructure, education, and economic development, though challenges in auditing and undercollection periodically reduced realized benefits.[74][75]| Beneficiary Type | Revenue Share Mechanism | Key Examples |
|---|---|---|
| Federal | Majority after deductions (e.g., 50% onshore retained post-state share) | U.S. Treasury, Reclamation Fund; ~$8-9B annually in late 2000s peak years[44] |
| States (Onshore) | 50% of royalties, rents, bonuses | All 38 eligible states; e.g., Wyoming, New Mexico as top recipients[73] |
| States (Offshore) | 37.5% from qualifying OCS areas | Gulf states (LA, TX, MS, AL); billions from high-volume leases[70] |
| Tribes/Allottees | 100% from Indian lands | 41 tribes, 30,000+ individuals; $2.2B cumulative 1982-2009[75][74] |