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At a purely definitional level, it is easy to differentiate between these two types of royalties: A "fixed" royalty is set in stone, for all posterity. It is an unchanging fraction of total production. A "floating" royalty, by contrast, is dynamic.
In contrast to a royalty interest, a working interest refers to an investment in an oil and gas operation where the investor does bear some costs for exploration, drilling and production. An investor holding a royalty interest bears only the cost of the initial investment and isn't liable for ongoing operating costs.
However, unlike royalty and working interests, an overriding royalty interest cannot be fractionalized unlike royalty and working interests. The ORRI is a non-possessory, undivided right to a share of the oil and gas production, but it excludes the production costs of the mineral lease.
In the oil & gas industry, an NEMI is a mineral interest the owner of which does not have the right to execute an oil and gas lease. As with a non-participating royalty interest (NPRI), a NEMI owner must consent for its interest to be pooled with other oil and gas interests.
If the NPRI is "fixed" (sometimes called "fractional"), then it is calculated based on overall production of minerals?it's fixed and doesn't change. If it is "floating", then the NPRI is calculated based on the royalty provided for in an oil and gas lease?it floats up or down with the lease royalty.
A fraction of royalty interest is referred to as a floating royalty because it varies depending on the royalty in the oil and gas lease in effect at the time, such that it is calculated by multiplying the fraction in the royalty reservation by the royalty in the (current) lease.
There are three main types of royalty interests: Overriding royalty interest: Unlike mineral and royalty interests, an overriding royalty interest runs with a lease and not with the land. Therefore, they only remain in effect for as long as a lease is in effect and they expire when a lease expires.
The formula to calculate NPRI without proportionate share reduction is LRR ? RI = NPRI. As an example, reducing your revenue interest from 25% LRR results in 1/16 NPRI, leaving 75% NRI for working interest owners.