30 U.S.C. § 1722 — Injunction and specific enforcement au-

Page 371 TITLE 30—MINERAL LANDS AND MINING § 1722 1 So in original. Probably should be ‘‘principal’’. refund request is necessary to correct an under- payment or overpayment of an obligation, the lessee or its designee shall make such adjust- ment or request a refund within a reasonable pe- riod of time and only during the adjustment pe- riod. The filing of a royalty report which re- flects 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 prin- ciple 1 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 re- port 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 pe- riod which includes the production month for which the adjustment is being made. If an over- payment 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 adjust- ment period for any obligation shall be the six- year period following the date on which an obli- gation became due. The adjustment period shall be suspended, tolled, extended, enlarged, or ter- minated by the same actions as the limitation period in section 1724 of this title. (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, 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 re- fund 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 rent- als of the public lands and the Outer Conti- nental Shelf under the provisions of the Min- eral Leasing Act [30 U.S.C. 181 et seq.] and the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.], which are not payable to a State or the Reclamation Fund. The portion of any such refund attributable to any amounts pre- viously 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 dis- bursements 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 dele- gated State directly or indirectly claim or off- set 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. (Pub. L. 97–451, title I, § 111A, as added Pub. L. 104–185, § 5(a), Aug. 13, 1996, 110 Stat. 1710.) Editorial Notes REFERENCES IN TEXT The Mineral Leasing Act, referred to in subsec. (b)(2), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, which is classi- fied generally to chapter 3A (§ 181 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 181 of this title and Tables. The Outer Continental Shelf Lands Act, referred to in subsec. (b)(2), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For com- plete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Ta- bles. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to 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 an Effective Date of 1996 Amendment note under section 1701 of this title. APPLICABILITY Section not applicable to any privately owned min- erals or with respect to Indian lands, see sections 9 and 10 of Pub. L. 104–185, set out as an Applicability of 1996 Amendment note under section 1701 of this title. § 1722. Injunction and specific enforcement au- thority (a) Civil action by Attorney General In addition to any other remedy under this chapter or any mineral leasing law, the Attor- ney General of the United States or his designee 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, delegated States, and lessees or their designees in a timely manner. (b) Limitation period (1) In general A judicial proceeding or demand which arises from, or relates to an obligation, shall be commenced within seven years from the date on which the obligation becomes due and if not so commenced shall be barred. If com- mencement of a judicial proceeding or demand for an obligation is barred by this section, the Secretary, a delegated State, or a lessee or its designee (A) shall not take any other or fur- ther action regarding that obligation, includ- ing (but not limited to) the issuance of any order, request, demand or other communica- tion seeking any document, accounting, deter- mination, calculation, recalculation, payment, principal, interest, assessment, or penalty or the initiation, pursuit or completion of an audit with respect to that obligation; and (B) shall not pursue any other equitable or legal remedy, whether under statute or common law, with respect to an action on or an en- forcement of said obligation. (2) Rule of construction A judicial proceeding or demand that is timely commenced under paragraph (1) against a designee shall be considered timely commenced as to any lessee who is liable pur- suant to section 1712(a) of this title for the ob- ligation that is the subject of the judicial pro- ceeding or demand. (3) Application of certain limitations The limitations set forth in sections 2401, 2415, 2416, and 2462 of title 28 and section 226–2 of this title shall not apply to any obligation to which this chapter applies. Section 3716 of title 31 may be applied to an obligation the en- forcement of which is not barred by this chap- ter, but may not be applied to any obligation the enforcement of which is barred by this chapter. (c) Obligation becomes due (1) In general For purposes of this chapter, an obligation becomes due when the right to enforce the ob- ligation is fixed. (2) Royalty obligations The right to enforce any royalty obligation for any given production month for a lease is fixed for purposes of this chapter on the last day of the calendar month following the month in which oil or gas is produced. (d) Tolling of limitation period The running of the limitation period under subsection (b) shall not be suspended, tolled, ex- tended, or enlarged for any obligation for any reason by any action, including an action by the Secretary or a delegated State, other than the following: (1) Tolling agreement A written agreement executed during the limitation period between the Secretary or a delegated State and a lessee or its designee (with notice to the lessee who designated the designee) shall toll the limitation period for the amount of time during which the agree- ment is in effect. (2) Subpoena (A) The issuance of a subpoena to a lessee or its designee (with notice to the lessee who des- ignated the designee, which notice shall not constitute a subpoena to the lessee) in accord- ance with the provisions of subparagraph (B)(i) shall toll the limitation period with respect to the obligation which is the subject of a sub- poena only for the period beginning on the date the lessee or its designee receives the subpoena and ending on the date on which (i) the lessee or its designee has produced such subpoenaed records for the subject obligation, (ii) the Secretary or a delegated State receives written notice that the subpoenaed records for the subject obligation are not in existence or are not in the lessee’s or its designee’s posses- sion or control, or (iii) a court has determined in a final decision that such records are not