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30 U.S.C. § 1723 — Adjustments and refunds
Federal law — U.S. Code and appendices · legal_authorities
**(a) Adjustments to royalties paid to Secretary or a delegated State**
(1) If, during the adjustment period, a lessee or its designee determines that an adjustment or refund request is necessary to correct an underpayment or overpayment of an obligation, the lessee or its designee shall make such adjustment or request a refund within a reasonable period of time and only during the adjustment period. The filing of a royalty report which reflects the underpayment or overpayment of an obligation shall constitute prior written notice to the Secretary or the applicable delegated State of an adjustment.
(2)
(A) For any adjustment, the lessee or its designee shall calculate and report the interest due attributable to such adjustment at the same time the lessee or its designee adjusts the principle 11 So in original. Probably should be “principal”. amount of the subject obligation, except as provided by subparagraph (B).
(B) In the case of a lessee or its designee who determines that subparagraph (A) would impose a hardship, the Secretary or such delegated State shall calculate the interest due and notify the lessee or its designee within a reasonable time of the amount of interest due, unless such lessee or its designee elects to calculate and report interest in accordance with subparagraph (A).
(3) An adjustment or a request for a refund for an obligation may be made after the adjustment period only upon written notice to and approval by the Secretary or the applicable delegated State, as appropriate, during an audit of the period which includes the production month for which the adjustment is being made. If an overpayment is identified during an audit, then the Secretary or the applicable delegated State, as appropriate, shall allow a credit or refund in the amount
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Source location: Title 30, Chapter 29, § 1723; chapter-029-oil-and-gas-royalty-management.md
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**(a) Adjustments to royalties paid to Secretary or a delegated State**
(1) If, during the adjustment period, a lessee or its designee determines that an adjustment or refund request is necessary to correct an underpayment or overpayment of an obligation, the lessee or its designee shall make such adjustment or request a refund within a reasonable period of time and only during the adjustment period. The filing of a royalty report which reflects the underpayment or overpayment of an obligation shall constitute prior written notice to the Secretary or the applicable delegated State of an adjustment.
(2)
(A) For any adjustment, the lessee or its designee shall calculate and report the interest due attributable to such adjustment at the same time the lessee or its designee adjusts the principle 11 So in original. Probably should be “principal”. amount of the subject obligation, except as provided by subparagraph (B).
(B) In the case of a lessee or its designee who determines that subparagraph (A) would impose a hardship, the Secretary or such delegated State shall calculate the interest due and notify the lessee or its designee within a reasonable time of the amount of interest due, unless such lessee or its designee elects to calculate and report interest in accordance with subparagraph (A).
(3) An adjustment or a request for a refund for an obligation may be made after the adjustment period only upon written notice to and approval by the Secretary or the applicable delegated State, as appropriate, during an audit of the period which includes the production month for which the adjustment is being made. If an overpayment is identified during an audit, then the Secretary or the applicable delegated State, as appropriate, shall allow a credit or refund in the amount of the overpayment.
(4) For purposes of this section, the adjustment period for any obligation shall be the six-year period following the date on which an obligation became due. The adjustment period shall be suspended, tolled, extended, enlarged, or terminated by the same actions as the limitation period in [section 1724 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1724&num=0&edition=prelim).
**(b) Refunds**
(1) **In general** — A request for refund is sufficient if it—
(A) is made in writing to the Secretary and, for purposes of [section 1724 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1724&num=0&edition=prelim), is specifically identified as a demand;
(B) identifies the person entitled to such refund;
(C) provides the Secretary information that reasonably enables the Secretary to identify the overpayment for which such refund is sought; and
(D) provides the reasons why the payment was an overpayment.
(2) **Payment by Secretary of the Treasury** — The Secretary shall certify the amount of the refund to be paid under paragraph (1) to the Secretary of the Treasury who shall make such refund. Such refund shall be paid from amounts received as current receipts from sales, bonuses, royalties (including interest charges collected under this section) and rentals of the public lands and the Outer Continental Shelf under the provisions of the Mineral Leasing Act [[30 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) et seq.] and the Outer Continental Shelf Lands Act [[43 U.S.C. 1331](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim) et seq.], which are not payable to a State or the Reclamation Fund. The portion of any such refund attributable to any amounts previously disbursed to a State, the Reclamation Fund, or any recipient prescribed by law shall be deducted from the next disbursements to that recipient made under the applicable law. Such amounts deducted from subsequent disbursements shall be credited to miscellaneous receipts in the Treasury.
(3) **Payment period** — A refund under this subsection shall be paid or denied (with an explanation of the reasons for the denial) within 120 days of the date on which the request for refund is received by the Secretary. Such refund shall be subject to later audit by the Secretary or the applicable delegated State and subject to the provisions of this chapter.
(4) **Prohibition against reduction of refunds or credits** — In no event shall the Secretary or any delegated State directly or indirectly claim or offset any amount or amounts against, or reduce any refund or credit (or interest accrued thereon) by the amount of any obligation the enforcement of which is barred by [section 1724 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1724&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
When used in this subchapter and subchapter II—
**(a)** The term “lands beneath navigable waters” means—
(1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction;
(2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles,11 So in original. The comma probably should be a semicolon. and
(3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined;
**(b)** The term “boundaries” includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to [section 1312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1312&num=0&edition=prelim) but in no event shall the term “boundaries” or the term “lands beneath navigable waters” be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
That in fiscal year 2006 and thereafter, the MMS may under the royalty-in-kind program, or under its authority to transfer oil to the Strategic Petroleum Reserve, use a portion of the revenues from royalty-in-kind sales, without regard to fiscal year limitation, to pay for transportation to wholesale market centers or upstream pooling points, to process or otherwise dispose of royalty production taken in kind, and to recover MMS transportation costs, salaries, and other administrative costs directly related to the royalty-in-kind program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, approved March 1, 1911 (36 Stat. 961), and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within the naval petroleum and oil-shale reserves, except as hereinafter provided, shall be subject to disposition in the form and manner provided by this chapter to citizens of the United States, or to associations of such citizens, or to any corporation organized under the laws of the United States, or of any State or Territory thereof, or in the case of coal, oil, oil shale, or gas, to municipalities. Citizens of another country, the laws, customs, or regulations of which deny similar or like privileges to citizens or corporations of this country, shall not by stock ownership, stock holding, or stock control, own any interest in any lease acquired under the provisions of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 181
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
**(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means—
(1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and
(2) does not include any area conveyed by Congress to a territorial government for administration;
**(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be.
**(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals.
**(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil action by Attorney General** In addition to any other remedy under this chapter or any mineral leasing law, the Attorney General of the United States or his designee may bring a civil action in a district court of the United States, which shall have jurisdiction over such actions—
(1) to restrain any violation of this chapter; or
(2) to compel the taking of any action required by or under this chapter or any mineral leasing law of the United States.
**(b) Venue** A civil action described in subsection (a) may be brought only in the United States district court for the judicial district wherein the act, omission, or transaction constituting a violation under this chapter or any other mineral leasing law occurred, or wherein the defendant is found or transacts business.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1724
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Federal law — U.S. Code and appendices · legal_authorities
Page 372
TITLE 30—MINERAL LANDS AND MINING
§ 1723
may bring a civil action in a district court of
the United States, which shall have jurisdiction
over such actions—
(1) to restrain any violation of this chapter;
or
(2) to compel the taking of any action re-
quired by or under this chapter or any mineral
leasing law of the United States.
(b) Venue
A civil action described in subsection (a) may
be brought only in the United States district
court for the judicial district wherein the act,
omission, or transaction constituting a viola-
tion under this chapter or any other mineral
leasing law occurred, or wherein the defendant
is found or transacts business.
(Pub. L. 97–451, title I, § 112, Jan. 12, 1983, 96 Stat.
2456.)
§ 1723. Rewards
Where amounts representing royalty or other
payments owed to the United States with re-
spect to any oil and gas lease on Federal lands
or the Outer Continental Shelf are recovered
pursuant to any action taken by the Secretary
under this chapter as a result of information
provided to the Secretary by any person, the
Secretary is authorized to pay to such person an
amount equal to not more than 10 percent of
such recovered amounts. The preceding sentence
shall not apply to information provided by an
officer or employee of the United States, an offi-
cer or employee of a State or Indian tribe acting
pursuant to a cooperative agreement or delega-
tion under this chapter, or any person acting
pursuant to a contract authorized by this chap-
ter.
(Pub. L. 97–451, title I, § 113, Jan. 12, 1983, 96 Stat.
2456.)
§ 1724. Secretarial and delegated States’ actions
and limitation periods
(a) In general
The respective duties, responsibilities, and ac-
tivities with respect to a lease shall be per-
formed by the Secretary,
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 1723
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Federal law — U.S. Code and appendices · legal_authorities
Page 35
TITLE 30—MINERAL LANDS AND MINING
§ 181
Sec.
SUBCHAPTER V—OIL SHALE
241.
Leases of lands.
242.
Oil shale claims.
SUBCHAPTER VI—ALASKA OIL PROVISO
251.
Leases to claimants of withdrawn lands;
terms and conditions; acreage; annual rent-
als and royalties; fraud of claimants.
SUBCHAPTER VII—SODIUM
261.
Prospecting permits; lands included; acreage.
262.
Leases to permittees; survey of lands; royal-
ties and annual rentals.
263.
Permits to use or lease of nonmineral lands
for camp sites, and other purposes; annual
rentals; acreage.
SUBCHAPTER VIII—SULPHUR
271.
Prospecting permits; lands included; acreage.
272.
Leases to permittees; privileges extended to
oil and gas permittees.
273.
Lease of lands not covered by permits or
leases; acreage; rental.
274.
Lands containing coal or other minerals.
275.
Laws applicable.
276.
Application of subchapter to Louisiana and
New Mexico only.
SUBCHAPTER IX—POTASH
281.
Prospecting permits for chlorides, sulphates,
carbonates, borates, silicates, or nitrates of
potassium; authorization; acreage; lands af-
fected.
282.
Leases to permittees of lands showing valu-
able deposits; royalty.
283.
Lands containing valuable deposits not cov-
ered by permits or leases; authority to
lease; acreage; conditions; renewals; exemp-
tions from rentals and royalties; suspension
of operations.
284.
Lands containing coal or other minerals in
addition to potassium deposits; issuance of
prospecting permits and leases; covenants
in potassium leases.
285.
Laws applicable.
286.
Disposition of royalties and rents from potas-
sium leases.
287.
Extension of prospecting permits.
SUBCHAPTER I—GENERAL PROVISIONS
§ 181. Lands subject to disposition; persons enti-
tled to benefits; reciprocal privileges; heliu
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 181
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Federal law — U.S. Code and appendices · legal_authorities
Page 321
TITLE 43—PUBLIC LANDS
§ 1331
1 See References in Text note below.
2 So in original. Probably should be ‘‘accordance’’.
waters for the constitutional purposes of com-
merce, navigation, national defense, and inter-
national affairs, all of which shall be paramount
to, but shall not be deemed to include, propri-
etary rights of ownership, or the rights of man-
agement, administration, leasing, use, and de-
velopment of the lands and natural resources
which are specifically recognized, confirmed, es-
tablished, and vested in and assigned to the re-
spective States and others by section 1311 of this
title.
(b) In time of war or when necessary for na-
tional defense, and the Congress or the Presi-
dent shall so prescribe, the United States shall
have the right of first refusal to purchase at the
prevailing market price, all or any portion of
the said natural resources, or to acquire and use
any portion of said lands by proceeding in ac-
cordance with due process of law and paying just
compensation therefor.
(May 22, 1953, ch. 65, title II, § 6, 67 Stat. 32.)
§ 1315. Rights acquired under laws of United
States unaffected
Nothing contained in this subchapter or sub-
chapter I shall affect such rights, if any, as may
have been acquired under any law of the United
States by any person in lands subject to this
subchapter or subchapter I and such rights, if
any, shall be governed by the law in effect at the
time they may have been acquired: Provided,
however, That nothing contained in this sub-
chapter or subchapter I is intended or shall be
construed as a finding, interpretation, or con-
struction by the Congress that the law under
which such rights may be claimed in fact or in
law applies to the lands subject to this sub-
chapter or subchapter I,
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1331
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