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43 U.S.C. § 1353 — Federal purchase and disposition of oil and gas

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1353 — Federal purchase and disposition of oil and gas

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Source location: Title 43, Chapter 29, § 1353; chapter-029-submerged-lands.md

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**(a) Payment of royalties or net profit shares in oil and gas; purchase of oil and gas by United States; transfer of title to Federal agencies** (1) Except as may be necessary to comply with the provisions of sections 1335 and 1336 of this title, all royalties or net profit shares, or both, accruing to the United States under any oil and gas lease issued or maintained in accordance with this subchapter, shall, on demand of the Secretary, be paid in oil or gas. (2) The United States shall have the right to purchase not to exceed 16⅔ per centum by volume of the oil and gas produced pursuant to a lease issued or maintained in accordance with this subchapter, at the regulated price, or, if no regulated price applies, at the fair market value at the well head of the oil and gas saved, removed, or sold, except that any oil or gas obtained by the United States as royalty or net profit share shall be credited against the amount that may be purchased under this subsection. (3) Title to any royalty, net profit share, or purchased oil or gas may be transferred, upon request, by the Secretary to the Secretary of Defense, to the Administrator of the General Services Administration, or to the Secretary of Energy, for disposal within the Federal Government. **(b) Sale of oil by United States to public; disposition of oil to small refiners; application of other laws** (1) The Secretary, except as provided in this subsection, may offer to the public and sell by competitive bidding for not more than its regulated price, or, if no regulated price applies, not less than its fair market value, any part of the oil (A) obtained by the United States pursuant to any lease as royalty or net profit share, or (B) purchased by the United States pursuant to subsection (a)(2) of this section. (2) Whenever, after consultation with the Secretary of Energy, the Secretary determines that small refiners do not have access to adequate supplies of oil at equitable prices, the Secretary may dispose of any oil which is taken as a royalty or net profit share accruing or reserved to the United States pursuant to any lease issued or maintained under this subchapter, or purchased by the United States pursuant to subsection (a)(2) of this section, by conducting a lottery for the sale of such oil, or may equitably allocate such oil among the competitors for the purchase of such oil, at the regulated price, or if no regulated price applies, at its fair market value. The Secretary shall limit participation in any allocation or lottery sale to assure such access and shall publish notice of such allocation or sale, and the terms thereof, at least thirty days in advance. Such notice shall include qualifications for participation, the amount of oil to be sold, and any limitation in the amount of oil which any participant may be entitled to purchase. (3) The Secretary may only sell or otherwise dispose of oil described in paragraph (1) of this subsection in accordance with any provision of law, or regulations issued in accordance with such provisions, which provide for the Secretary of Energy to allocate, transfer, exchange, or sell oil in amounts or at prices determined by such provision of law or regulations. **(c) Sale of gas by United States to public** (1) Except as provided in paragraph (2) of this subsection, the Secretary, pursuant to such terms as he determines, many 11 So in original. Probably should be “may”. offer to the public and sell by competitive bidding for not more than its regulated price, or, if no regulated price applies, not less than its fair market value any part of the gas (A) obtained by the United States pursuant to a lease as royalty or net profit share, or (B) purchased by the United States pursuant to subsection (a)(2) of this section. (2) Whenever, after consultation with and advice from the Secretary of Energy, the Federal Energy Regulatory Commission determines that an emergency shortage of natural gas is threatening to cause severe economic or social dislocation in any region of the United States and that such region can be serviced in a practical, feasible, and efficient manner by royalty, net profit share, or purchased gas obtained pursuant to the provisions of this section, the Secretary of the Interior may allocate or conduct a lottery for the sale of such gas, and shall limit participation in any allocation or lottery sale of such gas to any person servicing such region, but he shall not sell any such gas for more than its regulated price, or, if no regulated price applies, less than its fair market value. Prior to selling or allocating any gas pursuant to this subsection, the Secretary shall consult with the Federal Energy Regulatory Commission. **(d) Purchase by lessee of Federal oil or gas for which no bids received** The lessee shall take any Federal oil or gas for which no acceptable bids are received, as determined by the Secretary, and which is not transferred pursuant to subsection (a)(3) of this section, and shall pay to the United States a cash amount equal to the regulated price, or, if no regulated price applies, the fair market value of the oil or gas so obtained. **(e) Definitions** As used in this section— (1) the term “regulated price” means the highest price— (A) at which oil many 1 be sold pursuant to the Emergency Petroleum Allocation Act of 1973 22 See References in Text note below. [[15 U.S.C. 751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section751&num=0&edition=prelim) et seq.] and any rule or order issued under such Act; (B) at which natural gas may be sold to natural-gas companies pursuant to the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim) et seq.], any other Act, regulations governing natural gas pricing, or any rule or order issued under any such Act or any such regulations; or (C) at which either Federal oil or gas may be sold under any other provision of law or rule or order thereunder which sets a price (or manner for determining a price) for oil or gas; and (2) the term “small refiner” has the meaning given such term by Small Business Administration Standards 128.3–8(d) and (g), as in effect on September 18, 1978, or as there-after revised or amended. **(f) Purchase of oil and gas in time of war** Nothing in this section shall prohibit the right of the United States to purchase any oil or gas produced on the outer Continental Shelf as provided by [section 1341(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1341/b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7152 — Jurisdiction over matters transferred from Energy Research and Development Administration

Notwithstanding any other provision of law, jurisdiction over matters transferred to the Department of Energy from the Energy Research and Development Administration which on the effective date of such transfer were required by law, regulation, or administrative order to be made on the record after an opportunity for an agency hearing may be assigned to the Federal Energy Regulatory Commission or retained by the Secretary at his discretion.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 717 — Regulation of natural gas companies

**(a) Necessity of regulation in public interest** As disclosed in reports of the Federal Trade Commission made pursuant to S. Res. 83 (Seventieth Congress, first session) and other reports made pursuant to the authority of Congress, it is declared that the business of transporting and selling natural gas for ultimate distribution to the public is affected with a public interest, and that Federal regulation in matters relating to the transportation of natural gas and the sale thereof in interstate and foreign commerce is necessary in the public interest. **(b) Transactions to which provisions of chapter applicable** The provisions of this chapter shall apply to the transportation of natural gas in interstate commerce, to the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use, and to natural-gas companies engaged in such transportation or sale, and to the importation or exportation of natural gas in foreign commerce and to persons engaged in such importation or exportation, but shall not apply to any other transportation or sale of natural gas or to the local distribution of natural gas or to the facilities used for such distribution or to the production or gathering of natural gas. **(c) Intrastate transactions exempt from provisions of chapter; certification from State commission as conclusive evidence** The provisions of this chapter shall not apply to any person engaged in or legally authorized to engage in the transportation in interstate commerce or the sale in interstate commerce for resale, of natural gas received by such person from another person within or at the boundary of a State if all the natural gas so received is ultimately consumed within such State, or to any fa

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15 U.S.C. § 717w — Short title

This chapter may be cited as the “Natural Gas Act.”

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15903 — Program on oil and gas royalties in-kind

**(a) Applicability of section** Notwithstanding any other provision of law, this section applies to all royalty in-kind accepted by the Secretary on or after August 8, 2005, under any Federal oil or gas lease or permit under— (1) [section 192 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section192&num=0&edition=prelim); (2) [section 1353 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1353&num=0&edition=prelim); or (3) any other Federal law governing leasing of Federal land for oil and gas development. **(b) Terms and conditions** All royalty accruing to the United States shall, on the demand of the Secretary, be paid in-kind. If the Secretary makes such a demand, the following provisions apply to the payment: (1) **Satisfaction of royalty obligation** — Delivery by, or on behalf of, the lessee of the royalty amount and quality due under the lease satisfies royalty obligation of the lessee for the amount delivered, except that transportation and processing reimbursements paid to, or deductions claimed by, the lessee shall be subject to review and audit. (2) **Marketable condition** (A) *Definition of marketable condition* — In this paragraph, the term “in marketable condition” means sufficiently free from impurities and otherwise in a condition that the royalty production will be accepted by a purchaser under a sales contract typical of the field or area in which the royalty production was produced. (B) *Requirement* — Royalty production shall be placed in marketable condition by the lessee at no cost to the United States. (3) **Disposition by the Secretary** — The Secretary may— (A) sell or otherwise dispose of any royalty production taken in-kind (other than oil or gas trans

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 717 — Regulation of natural gas companies

Page 1186 TITLE 15—COMMERCE AND TRADE § 715l § 715l. Repealed. June 22, 1942, ch. 436, 56 Stat. 381 Section, acts Feb. 22, 1935, ch. 18, § 13, 49 Stat. 33; June 14, 1937, ch. 335, 50 Stat. 257; June 29, 1939, ch. 250, 53 Stat. 927, provided for expiration of this chapter on June 30, 1942. § 715m. Cooperation between Secretary of the In- terior and Federal and State authorities The Secretary of the Interior, in carrying out the Act of February 22, 1935, as amended (15 U.S.C., ch. 15A), is authorized to cooperate with Federal and State authorities. (June 25, 1946, ch. 472, § 3, 60 Stat. 307.) Editorial Notes REFERENCES IN TEXT Act of February 22, 1935, referred to in text, is act Feb. 22, 1935, ch. 18, 49 Stat. 30, popularly known as the ‘‘Hot Oil Act’’ and also as the ‘‘Connally Hot Oil Act’’, which is classified generally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 715 of this title and Ta- bles. CODIFICATION Section was not enacted as a part of act Feb. 22, 1935, which comprises this chapter. Executive Documents DELEGATION OF FUNCTIONS Delegation of President’s authority to Secretary of the Interior, see note set out under section 715j of this title. CHAPTER 15B—NATURAL GAS Sec. 717. Regulation of natural gas companies. 717a. Definitions. 717b. Exportation or importation of natural gas; LNG terminals. 717b–1. State and local safety considerations. 717c. Rates and charges. 717c–1. Prohibition on market manipulation. 717d. Fixing rates and charges; determination of cost of production or transportation. 717e. Ascertainment of cost of property. 717f. Construction, extension, or abandonment of facilities. 717g. Accounts; records; memoranda. 717h. Rates of

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 751 — Untitled legal text

Page 1230 TITLE 15—COMMERCE AND TRADE §§ 721, 722 amendment of subsec. (a) by inserting ‘‘or with an enti- ty the Secretary determines is qualified to construct and operate a liquefied natural gas project to transport liquefied natural gas from Southcentral Alaska to West Coast States,’’ before ‘‘to issue’’, was executed to par. (1) of subsec. (a) to reflect the probable intent of Con- gress. Subsec. (b)(1). Pub.L. 108–199, § 146(2), as amended by Pub. L. 108–447, § 114(1)–(3), inserted before period at end ‘‘, or after the Secretary certifies there exists a quali- fied entity to construct and operate a liquefied natural gas project to transport liquefied natural gas from Southcentral Alaska to West Coast States. In no case shall loan guarantees be issued for more than one qualified project’’. Subsec. (b)(4). Pub. L. 108–447, § 114(b), added par. (4). Subsec. (c)(2). Pub. L. 108–199, § 146(3), as amended by Pub. L. 108–447, § 114(1), (2), (4), which directed the amendment of subsec. (a)(2) by inserting ‘‘, except that the total amount of principal that may be guaranteed for a qualified liquefied natural gas project may not ex- ceed a principal amount in which the cost of loan guar- antees, as defined by section 661a(5) of title 2, exceeds $2,000,000,000’’ before period at end, was executed by making the amendment to subsec. (c)(2), to reflect the probable intent of Congress. Subsec. (g)(4). Pub.L. 108–199, § 146(4), as amended by Pub. L. 108–447, § 114(1), (2), (5), inserted ‘‘or system’’ after ‘‘gas transportation project’’ and ‘‘liquification plants and liquefied natural gas tankers for transpor- tation of liquefied natural gas from Southcentral Alas- ka to the West Coast’’ after ‘‘including gas treatment plants’’. Statutory Notes and Related

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1353 — Federal purchase and disposition of oil

Page 360 TITLE 43—PUBLIC LANDS § 1353 tence of subsection (c) of this section, the Gov- ernor of any affected State may designate an ap- propriate State official to inspect, at a regional location which the Secretary shall designate, any privileged information received by the Sec- retary regarding any activity adjacent to such State, except that no such inspection shall take place prior to the sale of a lease covering the area in which such activity was conducted. Knowledge obtained by such State during such inspection shall be subject to applicable require- ments as to confidentiality which are set forth in regulations prescribed under subsection (c) of this section. (e) Agreement with State to waive defenses and hold United States harmless from failure to maintain confidentiality of information Prior to transmitting any privileged informa- tion to any State, or granting such State access to such information, the Secretary shall enter into a written agreement with the Governor of such State in which such State agrees, as a con- dition precedent to receiving or being granted access to such information, to waive the de- fenses set forth in subsection (f)(2) of this sec- tion, and to hold the United States harmless from any violations of the regulations pre- scribed pursuant to subsection (c) that the State or its employees may commit. (f) Civil action against United States or State for failure to maintain confidentiality of infor- mation; certain defenses unavailable (1) Whenever any employee of the Federal Government or of any State reveals information in violation of the regulations prescribed pursu- ant to subsection (c) of this section, the lessee or permittee who supplied such information to the Secretary or to any other Federal official,

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