30 U.S.C. § 1713 — Required recordkeeping

Page 365 TITLE 30—MINERAL LANDS AND MINING § 1714 the applicable delegated State in writing of such designation, in which event said designated per- son may, in its own name, pay, offset or credit monies, make adjustments, request and receive refunds and submit reports with respect to pay- ments required by the lessee. Notwithstanding any other provision of this chapter to the con- trary, a designee shall not be liable for any pay- ment obligation under the lease. The person owning operating rights in a lease shall be pri- marily liable for its pro rata share of payment obligations under the lease. If the person owning the legal record title in a lease is other than the operating rights owner, the person owning the legal record title shall be secondarily liable for its pro rata share of such payment obligations under the lease. (b) Development of and compliance with site se- curity plan and minimum site security meas- ures by operators; notification to Secretary of well production An operator shall— (1) develop and comply with a site security plan designed to protect the oil or gas pro- duced or stored on an onshore lease site from theft, which plan shall conform with such minimum standards as the Secretary may pre- scribe by rule, taking into account the variety of circumstances at lease sites; (2) develop and comply with such minimum site security measures as the Secretary deems appropriate to protect oil or gas produced or stored on a lease site or on the Outer Conti- nental Shelf from theft; and (3) not later than the 5th business day after any well begins production anywhere on a lease site or allocated to a lease site, or re- sumes production in the case of a well which has been off of production for more than 90 days, notify the Secretary, in the manner pre- scribed by the Secretary, of the date on which such production has begun or resumed. (c) Possession of documentation by transporters of oil or gas by motor vehicle or pipeline (1) Any person engaged in transporting by motor vehicle any oil from any lease site, or al- located to any such lease site, shall carry, on his person, in his vehicle, or in his immediate con- trol, documentation showing, at a minimum, the amount, origin, and intended first destina- tion of the oil. (2) Any person engaged in transporting any oil or gas by pipeline from any lease site, or allo- cated to any lease site, on Federal or Indian lands shall maintain documentation showing, at a minimum, amount, origin, and intended first destination of such oil or gas. (Pub. L. 97–451, title I, § 102, Jan. 12, 1983, 96 Stat. 2450; Pub. L. 104–185, § 6(g), Aug. 13, 1996, 110 Stat. 1715.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–185 inserted heading and amended text generally. Prior to amendment, text read as follows: ‘‘A lessee— ‘‘(1) who is required to make any royalty or other payment under a lease or under the mineral leasing laws, shall make such payments in the time and man- ner as may be specified by the Secretary; and ‘‘(2) shall notify the Secretary, in the time and manner as may be specified by the Secretary, of any assignment the lessee may have made of the obliga- tion to make any royalty or other payment under a lease or under the mineral leasing laws.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–185 applicable with re- spect to the production of oil and gas after the first day of the month following Aug. 13, 1996, see section 11 of Pub. L. 104–185, set out as a note under section 1701 of this title. APPLICABILITY OF 1996 AMENDMENT Amendment by Pub. L. 104–185 not applicable to any privately owned minerals or with respect to Indian lands, see sections 9 and 10 of Pub. L. 104–185, set out as a note under section 1701 of this title. § 1713. Required recordkeeping (a) Maintenance and availability of records, re- ports, and information for inspection and du- plication A lessee, operator, or other person directly in- volved in developing, producing, transporting, purchasing, or selling oil or gas subject to this chapter through the point of first sale or the point of royalty computation, whichever is later, shall establish and maintain any records, make any reports, and provide any information that the Secretary may, by rule, reasonably re- quire for the purposes of implementing this chapter or determining compliance with rules or orders under this chapter. Upon the request of any officer or employee duly designated by the Secretary or any State or Indian tribe con- ducting an audit or investigation pursuant to this chapter, the appropriate records, reports, or information which may be required by this sec- tion shall be made available for inspection and duplication by such officer or employee, State, or Indian tribe. (b) Length of time maintenance required Records required by the Secretary with re- spect to oil and gas leases from Federal or In- dian lands or the Outer Continental Shelf shall be maintained for 6 years after the records are generated unless the Secretary notifies the record holder that he has initiated an audit or investigation involving such records and that such records must be maintained for a longer pe- riod. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the record holder of the obligation to maintain such records. (Pub. L. 97–451, title I, § 103, Jan. 12, 1983, 96 Stat. 2451.) § 1714. Deposit of royalty funds to Indian ac- counts Deposits of any royalty funds derived from the production of oil or gas from, or allocated to, In- dian lands shall be made by the Secretary to the appropriate Indian account at the earliest prac- ticable date after such funds are received by the Secretary but in no case later than the last busi- ness day of the month in which such funds are received.