30 U.S.C. § 1752 — Reports

Page 380 TITLE 30—MINERAL LANDS AND MINING § 1736 (Pub. L. 97–451, title II, § 205, Jan. 12, 1983, 96 Stat. 2459; Pub. L. 104–185, § 3(a), Aug. 13, 1996, 110 Stat. 1702.) Editorial Notes CODIFICATION August 13, 1996, referred to in subsec. (d), was in the original ‘‘the date of enactment of this section’’, which was translated as meaning the date of enactment of Pub. L. 104–185, which amended this section generally, to reflect the probable intent of Congress. August 13, 1996, referred to in subsec. (h), was in the original ‘‘the date of enactment of this Act’’, which was translated as meaning the date of enactment of Pub. L. 104–185, which amended this section generally, to re- flect the probable intent of Congress. AMENDMENTS 1996—Pub. L. 104–185 amended section generally, sub- stituting present provisions for provisions which stated in subsec. (a), authorization of Secretary to delegate to States except permission of Indian tribe required with respect to Indian lands; subsec. (b), prerequisites; sub- sec. (c), promulgation of regulations defining joint functions; subsec. (d), promulgation of standards and regulations with respect to delegation; subsec. (e), rev- ocation; and subsec. (f), compensation to State for costs of delegation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–185 applicable with re- spect 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 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. § 1736. Shared civil penalties An amount equal to 50 per centum of any civil penalty collected by the Federal Government under this chapter resulting from activities con- ducted by a State or Indian tribe pursuant to a cooperative agreement under section 1732 of this title or a State under a delegation under section 1735 of this title, shall be payable to such State or tribe. Any payments under this section shall be reduced by an amount equal to any payments provided or due to such State or Indian tribe under the cooperative agreement or delegation, as applicable, during the fiscal year in which the civil penalty is received, up to the total amount provided or due for that fiscal year. (Pub. L. 97–451, title II, § 206, Jan. 12, 1983, 96 Stat. 2460; Pub. L. 113–76, div. G, title I, § 121, Jan. 17, 2014, 128 Stat. 314.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–76 substituted ‘‘Any payments under this section shall be reduced by an amount equal to any payments provided or due to such State or Indian tribe under the cooperative agreement or delegation, as ap- plicable, during the fiscal year in which the civil pen- alty is received, up to the total amount provided or due for that fiscal year.’’ for ‘‘Such amount shall be de- ducted from any compensation due such State or In- dian tribe under section 1732 of this title or such State under section 1735 of this title.’’ SUBCHAPTER III—GENERAL PROVISIONS § 1751. Secretarial authority (a) Prescription of rules and regulations The Secretary shall prescribe such rules and regulations as he deems reasonably necessary to carry out this chapter. (b) Conformity with rulemaking provisions Rules and regulations issued to implement this chapter shall be issued in conformity with section 553 of title 5, notwithstanding section 553(a)(2) of that title. (c) Contracts with non-Federal Government in- spectors, auditors, etc.; coordination of audit- ing and enforcement functions In addition to entering into cooperative agree- ments or delegation of authority authorized under this chapter, the Secretary may contract with such non-Federal Government inspectors, auditors, and other persons as he deems nec- essary to aid in carrying out his functions under this chapter and its implementation. With re- spect to his auditing and enforcement functions under this chapter, the Secretary shall coordi- nate such functions so as to avoid to the max- imum extent practicable, subjecting lessees, op- erators, or other persons to audits or investiga- tions of the same subject matter by more than one auditing or investigating entity at the same time. (Pub. L. 97–451, title III, § 301, Jan. 12, 1983, 96 Stat. 2460.) § 1752. Reports The Secretary shall submit to the Congress an annual report on the implementation of this chapter. The information to be included in the report and the format of the report shall be de- veloped by the Secretary after consulting with the Committees on Natural Resources of the House of Representatives and on Energy and Natural Resources of the Senate. The Secretary shall also report on the progress of the Depart- ment in reconciling account balances. (Pub. L. 97–451, title III, § 302, Jan. 12, 1983, 96 Stat. 2461; Pub. L. 103–437, § 11(a)(2), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 105–362, title IX, § 901(j)(1), Nov. 10, 1998, 112 Stat. 3290.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–362 struck out subsec. (a) designa- tion and struck out subsec. (b) which read as follows: ‘‘Commencing with fiscal year 1984, the Inspector Gen- eral of the Department of the Interior shall conduct a biennial audit of the Federal royalty management sys- tem. The Inspector General shall submit the results of such audit to the Secretary and to the Congress.’’ 1994—Subsec. (a). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committees on’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, Page 381 TITLE 30—MINERAL LANDS AND MINING § 1758 semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under this section is listed on page 111), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. STUDY OF THE ADEQUACY OF ROYALTY MANAGEMENT FOR MINERALS ON FEDERAL AND INDIAN LANDS Pub. L. 97–451, title III, § 303, Jan. 12, 1983, 96 Stat. 2461, directed Secretary to study question of adequacy of royalty management for coal, uranium and other en- ergy and nonenergy minerals on Federal and Indian lands, include proposed legislation if Secretary deter- mined that such legislation was necessary to ensure prompt and proper collection of revenues owed to the United States, the States and Indian tribes or Indian allottees from the sale, lease or other disposal of such minerals, with study to be submitted to Congress not later than one year from Jan. 12, 1983. § 1753. Relation to other laws (a) Supplemental nature of chapter The penalties and authorities provided in this chapter are supplemental to, and not in deroga- tion of, any penalties or authorities contained in any other provision of law. (b) Responsibilities of Secretary related to min- erals on Federal and Indian lands Nothing in this chapter shall be construed to reduce the responsibilities of the Secretary to ensure prompt and proper collection of revenues from coal, uranium and other energy and non- energy minerals on Federal and Indian lands, or to restrain the Secretary from entering into co- operative agreements or other appropriate ar- rangements with States and Indian tribes to share royalty management responsibilities and activities for such minerals under existing au- thorities. (c) Authority and responsibilities of Inspector General and Comptroller General unaffected Nothing in this chapter shall be construed to enlarge, diminish, or otherwise affect the au- thority or responsibility of the Inspector Gen- eral of the Department of the Interior or of the Comptroller General of the United States. (d) Lands and land interests entrusted to Ten- nessee Valley Authority unaffected No provision of this chapter impairs or affects lands and interests in land entrusted to the Ten- nessee Valley Authority. (Pub. L. 97–451, title III, § 304, Jan. 12, 1983, 96 Stat. 2461; Pub. L. 105–362, title IX, § 901(j)(2), Nov. 10, 1998, 112 Stat. 3290.) Editorial Notes AMENDMENTS 1998—Subsec. (c). Pub. L. 105–362 substituted ‘‘Noth- ing’’ for ‘‘Except as expressly provided in section 1752(b) of this title, nothing’’. § 1754. Funding Effective October 1, 1983, there are hereby au- thorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter, including such sums as may be nec- essary for the cooperative agreements, con- tracts, and delegations authorized by this chap- ter: Provided, That nothing in this chapter shall be construed to affect or impair any authority to enter into contracts or make payments under any other provision of law. (Pub. L. 97–451, title III, § 306, Jan. 12, 1983, 96 Stat. 2462.) § 1755. Statute of limitations Except in the case of fraud, any action to re- cover penalties under this chapter shall be barred unless the action is commenced within 6 years after the date of the act or omission which is the basis for the action. (Pub. L. 97–451, title III, § 307, Jan. 12, 1983, 96 Stat. 2462.) Statutory Notes and Related Subsidiaries APPLICABILITY Section no longer applicable with respect to Federal lands, but applicability of section to Indian leases not affected, see section 8(a) of Pub. L. 104–185, set out as a note under section 1732 of this title. § 1756. Expanded royalty obligations Any lessee is liable for royalty payments on oil or gas lost or wasted from a lease site when such loss or waste is due to negligence on the part of the operator of the lease, or due to the failure to comply with any rule or regulation, order or citation issued under this chapter or any mineral leasing law. (Pub. L. 97–451, title III, § 308, Jan. 12, 1983, 96 Stat. 2462.) § 1757. Severability If any provision of this chapter or the applica- bility thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of such provision to other per- sons or circumstances shall not be affected thereby. (Pub. L. 97–451, title III, § 309, Jan. 12, 1983, 96 Stat. 2462.) § 1758. Use of royalty-in-kind revenue by Min- erals Management Service 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. (Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 512.) Editorial Notes REFERENCES IN TEXT MMS, referred to in text, means the Minerals Man- agement Service. CODIFICATION Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appro-