30 U.S.C. § 1714 — Deposit of royalty funds to Indian ac-

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. Page 366 TITLE 30—MINERAL LANDS AND MINING § 1715 (Pub. L. 97–451, title I, § 104(b), Jan. 12, 1983, 96 Stat. 2452.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 97–451, title I, § 104(c), Jan. 12, 1983, 96 Stat. 2452, provided that: ‘‘The provisions of this section [en- acting this section and amending section 191 of this title] shall apply with respect to payments received by the Secretary after October 1, 1983, unless the Sec- retary, by rule, prescribes an earlier effective date.’’ § 1715. Explanation of payments (a) Description, period, source, etc., of payments to States or Indians When any payment (including amounts due from receipt of any royalty, bonus, interest charge, fine, or rental) is made by the United States to a State with respect to any oil or gas lease on Federal lands or is deposited in the ap- propriate Indian account on behalf of an Indian tribe or Indian allottee with respect to any oil and gas lease on Indian lands, there shall be pro- vided, together with such payment, a descrip- tion of the type of payment being made, the pe- riod covered by such payment, the source of such payment, production amounts, the royalty rate, unit value and such other information as may be agreed upon by the Secretary and the re- cipient State, Indian tribe, or Indian allottee. (b) Effective date This section shall take effect with respect to payments made after October 1, 1983, unless the Secretary, by rule, prescribes an earlier effec- tive date. (Pub. L. 97–451, title I, § 105, Jan. 12, 1983, 96 Stat. 2452.) § 1716. Liabilities and bonding A person (including any agent or employee of the United States and any independent con- tractor) authorized to collect, receive, account for, or otherwise handle any moneys payable to, or received by, the Department of the Interior which are derived from the sale, lease, or other disposal of any oil or gas shall be— (1) liable to the United States for any losses caused by any intentional or reckless action or inaction of such individual with respect to such moneys; and (2) in the case of an independent contractor, required as the Secretary deems necessary to maintain a bond commensurate with the amount of money for which such individual could be liable to the United States. (Pub. L. 97–451, title I, § 106, Jan. 12, 1983, 96 Stat. 2452.) § 1717. Hearings and investigations (a) Authorization; affidavits, oaths, subpenas, testimony, and payment of witnesses In carrying out his duties under this chapter the Secretary may conduct any investigation or other inquiry necessary and appropriate and may conduct, after notice, any hearing or audit, necessary and appropriate to carrying out his duties under this chapter. In connection with any such hearings, inquiry, investigation, or audit, the Secretary is also authorized where reasonably necessary— (1) to require by special or general order, any person to submit in writing such affida- vits and answers to questions as the Secretary may reasonably prescribe, which submission shall be made within such reasonable period and under oath or otherwise, as may be nec- essary; (2) to administer oaths; (3) to require by subpena the attendance and testimony of witnesses and the production of all books, papers, production and financial records, documents, matter, and materials, as the Secretary may request; (4) to order testimony to be taken by deposi- tion before any person who is designated by the Secretary and who has the power to ad- minister oaths, and to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this sub- section; and (5) to pay witnesses the same fees and mile- age as are paid in like circumstances in the courts of the United States. (b) Refusal to obey subpena In case of refusal to obey a subpena served upon any person under this section, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney Gen- eral at the request of the Secretary and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Sec- retary. Any failure to obey such order of the court may be punished by such court as con- tempt thereof and subject to a penalty of up to $10,000 a day. (Pub. L. 97–451, title I, § 107, Jan. 12, 1983, 96 Stat. 2452.) § 1718. Inspections (a) Motor vehicles on lease sites; vehicles not on lease site (1) On any lease site on Federal or Indian lands, any authorized and properly identified representative of the Secretary may stop and in- spect any motor vehicle that he has probable cause to believe is carrying oil from a lease site on Federal or Indian lands or allocated to such a lease site, for the purpose of determining whether the driver of such vehicle has docu- mentation related to such oil as required by law. (2) Any authorized and properly identified rep- resentative of the Secretary, accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, may stop and inspect any motor vehicle which is not on a lease site if he has probable cause to believe the vehicle is carrying oil from a lease site on Federal or Indian lands or allocated to such a lease site. Such inspection shall be for the pur- pose of determining whether the driver of such vehicle has the documentation required by law.