§ 1735. Delegation of royalty collections and related activities
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/usc/title-30/section-1735A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Authorization of Secretary Upon written request of any State, the Secretary is authorized to delegate, in accordance with the provisions of this section, all or part of the authorities and responsibilities of the Secretary under this chapter to:
(1)conduct inspections, audits, and investigations;
(2)receive and process production and financial reports;
(3)correct erroneous report data;
(4)perform automated verification; and
(5)issue demands, subpoenas, and orders to perform restructured accounting, for royalty management enforcement purposes,
to any State with respect to all Federal land within the State.
(b)Prerequisites After notice and opportunity for a hearing, the Secretary is authorized to delegate such authorities and responsibilities granted under this section as the State has requested, if the Secretary finds that—
(1)it is likely that the State will provide adequate resources to achieve the purposes of this chapter;
(2)the State has demonstrated that it will effectively and faithfully administer the rules and regulations of the Secretary under this chapter in accordance with the requirements of subsections
(c)and
(d)of this section;
(3)such delegation will not create an unreasonable burden on any lessee;
(4)the State agrees to adopt standardized reporting procedures prescribed by the Secretary for royalty and production accounting purposes, unless the State and all affected parties (including the Secretary) otherwise agree;
(5)the State agrees to follow and adhere to regulations and guidelines issued by the Secretary pursuant to the mineral leasing laws regarding valuation of production; and
(6)where necessary for a State to have authority to carry out and enforce a delegated activity, the State agrees to enact such laws and promulgate such regulations as are consistent with relevant Federal laws and regulations
with respect to the Federal lands within the State.
(c)Ruling as to consistency of State’s proposal After notice and opportunity for hearing, the Secretary shall issue a ruling as to the consistency of a State’s proposal with the provisions of this section and regulations under subsection
(d)within 90 days after submission of such proposal. In any unfavorable ruling, the Secretary shall set forth the reasons therefor and state whether the Secretary will agree to delegate to the State if the State meets the conditions set forth in such ruling.
(d)Promulgation of standards and regulations with respect to delegation After consultation with State authorities, the Secretary shall by rule promulgate, within 12 months after August 13, 1996, standards and regulations pertaining to the authorities and responsibilities to be delegated under subsection (a), including standards and regulations pertaining to—
(1)audits to be performed;
(2)records and accounts to be maintained;
(3)reporting procedures to be required by States under this section;
(4)receipt and processing of production and financial reports;
(5)correction of erroneous report data;
(6)performance of automated verification;
(7)issuance of standards and guidelines in order to avoid duplication of effort;
(8)transmission of report data to the Secretary; and
(9)issuance of demands, subpoenas, and orders to perform restructured accounting, for royalty management enforcement purposes.
Such standards and regulations shall be designed to provide reasonable assurance that a uniform and effective royalty management system will prevail among the States. The records and accounts under paragraph
(2)shall be sufficient to allow the Secretary to monitor the performance of any State under this section.
(e)Revocation; issuance of demand or order by Secretary If, after notice and opportunity for a hearing, the Secretary finds that any State to which any authority or responsibility of the Secretary has been delegated under this section is in violation of any requirement of this section or any rule thereunder, or that an affirmative finding by the Secretary under subsection
(b)can no longer be made, the Secretary may revoke such delegation. If, after providing written notice to a delegated State and a reasonable opportunity to take corrective action requested by the Secretary, the Secretary determines that the State has failed to issue a demand or order to a Federal lessee within the State, that such failure may result in an underpayment of an obligation due the United States by such lessee, and that such underpayment may be uncollected without Secretarial intervention, the Secretary may issue such demand or order in accordance with the provisions of this chapter prior to or absent the withdrawal of delegated authority.
(f)Compensation to State for costs of delegation; allocation of costs Subject to appropriations, the Secretary shall compensate any State for those costs which may be necessary to carry out the delegated activities under this Section.1 Payment shall be made no less than every quarter during the fiscal year. Compensation to a State may not exceed the Secretary’s reasonably anticipated expenditure for performance of such delegated activities by the Secretary. Such costs shall be allocable for the purposes of section 191(b) of this title to the administration and enforcement of laws providing for the leasing of any onshore lands or interests in land owned by the United States. Any further allocation of costs under section 191(b) of this title made by the Secretary for oil and gas activities, other than those costs to compensate States for delegated activities under this chapter, shall be only those costs associated with onshore oil and gas activities and may not include any duplication of costs allocated pursuant to the previous sentence. Nothing in this section affects the Secretary’s authority to make allocations under section 191(b) of this title for non-oil and gas mineral activities. All moneys received from sales, bonuses, rentals, royalties, assessments and interest, including money claimed to be due and owing pursuant to a delegation under this section, shall be payable and paid to the Treasury of the United States.
(g)Judicial review Any action of the Secretary to approve or disapprove a proposal submitted by a State under this section shall be subject to judicial review in the United States district court which includes the capital of the State submitting the proposal.
(h)Existing delegation Any State operating pursuant to a delegation existing on August 13, 1996, may continue to operate under the terms and conditions of the delegation, except to the extent that a revision of the existing agreement is adopted pursuant to this section.
(Pub. L. 97–451, title II, § 205, Jan. 12, 1983, 96 Stat. 2459; Pub. L. 104–185, § 3(a), Aug. 13, 1996, 110 Stat. 1702.)
Connections77 cite this · traces to 2
Cited by 77 sections · top 58
U.S. Code
CFR
- § 1229.4Authority.
- § 1228.5Delegation of authority.
- § 1229.108Deduction of civil penalties accruing to the State or tribe under the delegation of authority.
- § 1229.109Reimbursement for costs incurred by a State under the delegation of authority.
- § 1229.110Examination of the State activities under delegation.
- § 1227.1What is the purpose of this part?
- § 1227.800How will ONRR monitor a State's performance of delegated functions?
- § 1229.102Fact-finding and hearings.
- § 1229.2Policy.
register
- Rules and RegulationsDirect final rule
- NoticesNotice of renewal of an existing Information Collection
- NoticesNotice of information collection; request for comment
- NoticesNotice of Intent to Enter into an Enhanced-Use Lease
- Proposed RulesProposed rule
- Rules and RegulationsNotice of an extension of a currently approved information collection (OMB Control Number 1010-0088)
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- Proposed RulesProposed rule
- NoticesNotice of information collection; request for comment
- Rules and RegulationsDirect final rule
- Rules and RegulationsFinal rule
- NoticesNotice of information collection; request for comment
- NoticesSolicitation of comments
- NoticesNotice of Information Collection; request for comment
- NoticesNotice of an extension of a currently approved information collection (OMB Control Number 1010-0088)
- NoticesNotice of an extension of a currently approved information collection
statutes-at-large
- Public Law 104–185To improve the management of royalties from Federal and Outer Continental Shelf oil and gas leases, and for other purposes
- Public Law 97–451To 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
statute-compilations
bill
- Sec. 2Conveyance to States of property interest in State share of royalties and other payments
- Sec. 203Conveyance to certain States of property interest in State share of royalties and other payments
- Sec. 2Conveyance to States of property interest in State share of royalties and other payments
- Sec. 203Conveyance to certain States of property interest in State share of royalties and other payments
- Sec. 3Conveyance to states of property interest in State share of royalties and other payments
- Sec. 3Conveyance to certain States of property interest in State share of royalties and other payments
- Sec. 102Conveyance to certain States of property interest in State share of royalties and other payments
- Sec. 2Conveyance to States of property interest in State share of royalties and other payments
- Sec. 3Conveyance to certain States of property interest in State share of royalties and other payments
- Sec. 301Elimination of administrative fee
- Sec. 2Elimination of an administrative fee under the Mineral Leasing Act
- Sec. 102Conveyance to certain States of property interest in State share of royalties and other payments
- Sec. 4Elimination of administrative fee under the Mineral Leasing Act
- Sec. 603Elimination of administrative fee under the Mineral Leasing Act
- Sec. 603Elimination of administrative fee under the Mineral Leasing Act
- Sec. 20603Elimination of administrative fee under the Mineral Leasing Act
- Sec. 20603Elimination of administrative fee under the Mineral Leasing Act
- Sec. 20603Elimination of administrative fee under the Mineral Leasing Act
- Sec. 20603Elimination of administrative fee under the Mineral Leasing Act
- Sec. 20603Elimination of administrative fee under the Mineral Leasing Act
- Sec. 4Elimination of administrative fee under the Mineral Leasing Act
- Sec. 4Elimination of administrative fee under the Mineral Leasing Act
- Sec. 20603Elimination of administrative fee under the Mineral Leasing Act
- Sec. 4Elimination of administrative fee under the Mineral Leasing Act
- Sec. 2Elimination of an administrative fee under the Mineral Leasing Act
Traces to 2 documents
7 references not yet in our index
- 1
- Pub. L. 97–451, title II, § 205
- 96 Stat. 2459
- Pub. L. 104–185, § 3(a)
- 110 Stat. 1702
- Pub. L. 104–185
- section 11 of Pub. L. 104–185
Citation graph
cites case law
§ 1735
Delegation of royalty collections and related activities
Fed. Reg.×29
Bills×25
C.F.R.×12
U.S.C.×7
Stat.×3
Stat. Comp.×1
Cite1
Pub. L.Pub. L. 97–451, title II, § 205
Stat.96 Stat. 2459
Pub. L.Pub. L. 104–185, § 3(a)
Stat.110 Stat. 1702
Cites 9 · showing 7Cited by 77 across 6 sources