Overview.
Kiewit Royalty Trust (the "Trust") is a royalty trust with royalty and
overriding royalty interests in certain coal leases. The Trust was formed for
the purposes of administering the income received from such coal leases and
distributing such income (together with interest earned thereon, if any, less
payment of or provision for obligations) to the holders of the units of
beneficial interest.
During the three month and nine month periods ended September 30, 2020, the
Trust received a total of $395,413 and $1,047,086, respectively, of royalty and
overriding royalty payments, net of production expenses. The following tables
reflect the royalty and overriding royalty payments, net of production expenses,
received by the Trust at the following mines:
Three Months Ended September 30,
2020 2019
Decker Mine $ 385,413 $ 457,911
Spring Creek Mine 10,000 -
Total Royalty Income $ 395,413 $ 457,911
Nine Months Ended September 30,
2019 2019
Decker Mine $ 1,037,086 $ 1,142,923
Spring Creek Mine 10,000 -
Total Royalty Income $ 1,047,086 $ 1,142,923
Decker Mine. Royalty and overriding royalty amounts received by the Trust from
the Decker Mine decreased by $72,498 to $385,413 during the third quarter of
2020, as compared to $457,911 received during the same period in 2019. For the
nine months ended September 30, 2020 royalty and overriding royalty amounts
decreased by $105,837 or 9% to $1,037,086. The Decker Mine includes West Decker
and East Decker Mine leases. Of the Decker Mines, the primary producer currently
is an East Decker Mine. For the first nine months of 2020, the Trust received
revenue payments for the 2,406,534 tons of coal as compared to 2,498,238 tons of
coal for the first nine months of 2019. The changes during the nine month period
were the net result of changes in the relative amounts of coal mined, which was
a normal result of the execution of a mining plan encompassing several coal
leases, and decreasing demand in electricity and lower coal prices resulting
from the COVID-19 pandemic.
Seasonal fluctuations also occur in the relative amounts of coal mined under the
leases with a majority of the royalty payments being received during the first
and third calendar quarters of the year. Earlier this year, the Decker Mine
indicated that it continues to expect to ship its budgeted tons of coal of 3.8
million for 2020.
Spring Creek Mine. The Trust received royalty payments in the amount of $10,000
over the first nine months of 2020, compared to no royalty payments having been
received by the Trust over the same period in 2019. The recent payment
represents the Trust's advance minimum royalty from this Mine for the period of
July 1, 2020 - June 30, 2021, which payments are offset by existing credits.
Royalties with respect to this mine are typically paid during the second half of
each calendar year but the timing of the first payment varies, and it can be
received at the end of the second quarter or beginning of the third quarter.
However, it is unknown whether the Trust will receive additional royalties from
this mine in the future due to various factors, including the financial
struggles of the coal operator, the lack of mining activities in the applicable
mines, and the general depletion of coal. Further, the Spring Creek Mine
temporarily laid-off workers in Spring 2020 due to the lack of coal demand,
resulting from the COVID-19 pandemic, and only recently rehired the workers.
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In 2019, the Spring Creek Mine was sold to Navajo Transitional Energy Company
("NTEC"), which is wholly owned by the Navajo Nation, and is currently operating
the mine as a contract operator. The mine shut down briefly in October 2019
after the Navajo Nation declined to waive sovereign immunity for the benefit of
Montana's Department of Environmental Quality ("MDEQ"). While the MDEQ and NTEC
have resolved certain issues, the Spring Creek Mine currently is operating
although NTEC has yet to secure mining permits and needs to obtain substantial
financial assistance for reclamation. The Navajo Nation announced that it will
not issue reclamation bonds for the benefit of this project. The long-term
status of the mine operations is unknown, and the Trust intends to continue
monitoring the new ownership by NTEC and related matters. At this time, the
Trust does not expect that such restructuring will materially impact the results
of operations or financial condition of the Trust.
Interest Income. The Trust generally earns interest on the royalty payments
prior to the distribution to the Unit Holders. During the nine months ended
September 30, 2020, the Trust earned $499 of interest compared to $5,999 of
interest earned during the nine months ended September 30, 2019. The decrease in
interest resulted from the decreasing interest rates.
Trust Expenses. Trust expenses increased to $133,995 for the first nine months
of 2020, as compared to $126,866 for the same period in 2019. Trust expenses
included fees of the Trustee, accountants, attorneys, and other professionals
that the Trustee employs in the administration of the Trust. Trust expenses
increased to $50,812 for the three month period ending September 30, 2020, as
compared to $43,747 for the same period in 2019. The expenses fluctuate from
period to period largely because of the timing of when the Trust receives
invoices and pays its expenses.
Liquidity and Capital Resources. The Trust's primary source of liquidity is the
receipt of royalty payments. In accordance with the provisions of the Trust
Indenture, generally all income received by the Trust, net of Trust expenses and
any amounts placed in reserves, is distributed to the Unit Holders on a biannual
basis as long as the Trust has sufficient income. At this time, the Trust does
not expect that the COVID-19 pandemic will materially impact the liquidity or
capital resources of the Trust.
Trust Reserves. During the quarter ended September 30, 2020 the Trust
established a reserve in the amount of $344,604. Accordingly, the Trust did not
pay a distribution for the third quarter of 2020 and instead reserved the amount
for distribution at the time of the next distribution, which the Trust
anticipates will be in January 2021. During the quarter ended September 30,
2019, the Trust established a reserve in the amount of $415,666, and the Trust
did not pay a distribution for the third quarter of 2019 and instead reserved
the amount for distribution in January 2020. The Trust currently pays biannual
distributions within 10 days after June 30 and December 31 of each year to the
extent funds are available.
Change in Trust Corpus. During the three- and nine-month period ended September
30, 2020, the trust corpus remained unchanged.
Off-Balance Sheet Arrangements. As required by the Trust Indenture, the Trust is
intended to be passive in nature and the Trustee does not have any control over
or any responsibility relating to the operation of the mines under which the
Trust has any royalty interests and overriding royalty interests. The Trustee
has powers to collect and distribute proceeds received by the Trust and pay
Trust liabilities and expenses and its actions have been limited to those
activities. As a result, the Trust has not engaged in any off-balance sheet
arrangements.
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Critical Accounting Policies and Estimates. The Trust's condensed financial
statements are prepared on a modified cash basis of accounting, which is a
comprehensive basis of accounting other than accounting principles generally
accepted in the United States of America, and as such there are no critical
accounting policies or estimates.
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