30 U.S.C. § 1733 — Information

Page 377 TITLE 30—MINERAL LANDS AND MINING § 1733 Editorial Notes CODIFICATION Section was enacted as part of Pub L. 117–169, and not as part of the Federal Oil and Gas Royalty Manage- ment Act of 1982 which comprises this chapter. SUBCHAPTER II—STATES AND INDIAN TRIBES § 1731. Application of subchapter This subchapter shall apply only with respect to oil and gas leases on Federal lands or Indian lands. Nothing in this subchapter shall be con- strued to apply to any lease on the Outer Conti- nental Shelf. (Pub. L. 97–451, title II, § 201, Jan. 12, 1983, 96 Stat. 2457.) § 1731a. Application of subchapter to leases of lands within three miles of seaward bound- aries of coastal States For fiscal year 1990 and each fiscal year there- after, notwithstanding the provisions of section 1731 of this title, sections 1732 through 1736 of this title shall apply to any lease or portion of a lease subject to section 1337(g) of title 43, which, for purposes of those provisions and for no other purposes, shall be regarded as within the coastal State or States entitled to receive revenues from it under section 1337(g) of title 43. (Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 711.) Editorial Notes CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1990, and not as part of the Federal Oil and Gas Royalty Management Act of 1982 which comprises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1791. § 1732. Cooperative agreements (a) Authorization of Secretary; permission of In- dian tribe required for activities on Indian lands The Secretary is authorized to enter into a co- operative agreement or agreements with any State or Indian tribe to share oil or gas royalty management information, to carry out inspec- tion, auditing, investigation or enforcement (not including the collection of royalties, civil or criminal penalties or other payments) activi- ties under this chapter in cooperation with the Secretary, and to carry out any other activity described in section 1718 of this title. The Sec- retary shall not enter into any such cooperative agreement with a State with respect to any such activities on Indian lands, except with the per- mission of the Indian tribe involved. (b) Access to royalty accounting information Except as provided in section 1733 of this title, and pursuant to a cooperative agreement— (1) each State shall, upon request, have ac- cess to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of oil or gas from leases on Federal lands within the State; and (2) each Indian tribe shall, upon request, have access to all royalty accounting informa- tion in the possession of the Secretary re- specting the production, removal, or sale of oil or gas from leases on Indian lands under the jurisdiction of such tribe. Information shall be made available under para- graphs (1) and (2) as soon as practicable after it comes into the possession of the Secretary. Ef- fective October 1, 1983, such information shall be made available under paragraphs (1) and (2) not later than 30 days after such information comes into the possession of the Secretary. (c) Agreements in accordance with chapter 63 of title 31; terms and conditions Any cooperative agreement entered into pur- suant to this section shall be in accordance with the provisions of chapter 63 of title 31, and shall contain such terms and conditions as the Sec- retary deems appropriate and consistent with the purposes of this chapter, including, but not limited to, a limitation on the use of Federal as- sistance to those costs which are directly re- quired to carry out the agreed upon activities. (Pub. L. 97–451, title II, § 202, Jan. 12, 1983, 96 Stat. 2457.) Editorial Notes CODIFICATION In subsec. (c), ‘‘chapter 63 of title 31’’ substituted for ‘‘the Federal Grant and Cooperative Agreement Act of 1977’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which Act enacted Title 31, Money and Finance. Statutory Notes and Related Subsidiaries APPLICABILITY Pub. L. 104–185, § 8(a), Aug. 13, 1996, 110 Stat. 1717, pro- vided that: ‘‘With respect to Federal lands, sections 202 and 307 of the Federal Oil and Gas Royalty Manage- ment Act of 1982 (30 U.S.C. 1732 and 1755), are no longer applicable. The applicability of those sections to Indian leases is not affected.’’ § 1733. Information (a) Availability of confidential information by Secretary pursuant to cooperative agree- ments; conditions Trade secrets, proprietary and other confiden- tial information shall be made available by the Secretary, pursuant to a cooperative agreement, to a State or Indian tribe upon request only if— (1) such State or Indian tribe consents in writing to restrict the dissemination of the in- formation to those who are directly involved in an audit or investigation under this chapter and who have a need to know; (2) such State or tribe accepts liability for wrongful disclosure; (3) in the case of a State, such State dem- onstrates that such information is essential to the conduct of an audit or investigation or to litigation under section 1734 of this title; and Page 378 TITLE 30—MINERAL LANDS AND MINING § 1734 (4) in the case of an Indian tribe, such tribe demonstrates that such information is essen- tial to the conduct of an audit or investigation and waives sovereign immunity by express consent for wrongful disclosure by such tribe. (b) Nonliability of United States for wrongful dis- closure The United States shall not be liable for the wrongful disclosure by any individual, State, or Indian tribe of any information provided to such individual, State, or Indian tribe pursuant to any cooperative agreement or a delegation, au- thorized by this chapter. (c) Law governing disclosure Whenever any individual, State, or Indian tribe has obtained possession of information pursuant to a cooperative agreement authorized by this section, or any individual or State has obtained possession of information pursuant to a delegation under section 1735 of this title, the individual shall be subject to the same provi- sions of law with respect to the disclosure of such information as would apply to an officer or employee of the United States or of any depart- ment or agency thereof and the State or Indian tribe shall be subject to the same provisions of law with respect to the disclosure of such infor- mation as would apply to the United States or any department or agency thereof. No State or State officer or employee who receives trade se- crets, proprietary information, or other con- fidential information under this chapter may be required to disclose such information under State law. (Pub. L. 97–451, title II, § 203, Jan. 12, 1983, 96 Stat. 2458.) § 1734. State suits under Federal law (a) Action for royalty, interest, or civil penalty; limitations; notice of suit; award of costs and fees (1) A State may commence a civil action under this section against any person to recover any royalty, interest, or civil penalty which the State believes is due, based upon credible evi- dence, with respect to any oil and gas lease on Federal lands located within the State. (2)(A) No action may be commenced under paragraph (1) prior to 90 days after the State has given notice in writing to the Secretary of the payment required. Such 90-day limitation may be waived by the Secretary on a case-by-case basis. (B) If, within the 90-day period specified in subparagraph (A), the Secretary issues a demand for the payment concerned, no action may be commenced under paragraph (1) with respect to such payment during a 45-day period after issuance of such demand. If, during such 45-day period, the Secretary receives payment in full, no action may be commenced under paragraph (1). (C) If the Secretary refers the case to the At- torney General of the United States within the 45-day period referred to in subparagraph (B) or within 10 business days after the expiration of such 45-day period, no action may be com- menced under paragraph (1) if the Attorney Gen- eral, within 45 days after the date of such refer- ral, commences, and thereafter diligently pros- ecutes, a civil action in a court of the United States with respect to the payment concerned. (3) The State shall notify the Secretary and the Attorney General of the United States of any suit filed by the State under this section. (4) A court in issuing any final order in any ac- tion brought under paragraph (1) may award costs of litigation including reasonable attorney and expert witness fees, to any party in such ac- tion if the court determines such an award is ap- propriate. (b) Venue; jurisdiction of district court An action brought under subsection (a) of this section may be brought only in a United States district court for the judicial district in which the lease site or the leasing activity complained of is located. Such district court shall have ju- risdiction, without regard to the amount in con- troversy or the citizenship of the parties, to re- quire compliance or order payment in any such action. (c) Recovery of civil penalty by State; deposit of rent, royalty, or interest recovery in Treas- ury of the United States (1) Notwithstanding any other provision of law, any civil penalty recovered by a State under subsection (a) shall be retained by the State and may be expended in such manner and for such purposes as the State deems appro- priate. (2) Any rent, royalty, or interest recovered by a State under subsection (a) shall be deposited in the Treasury of the United States in the same manner, and subject to the same requirements, as are applicable in the case of any rent, roy- alty, or interest collected by an officer or em- ployee of the United States, except that such amounts shall be deposited in the Treasury not later than 10 days after receipt by the State. (Pub. L. 97–451, title II, § 204, Jan. 12, 1983, 96 Stat. 2458.) § 1735. Delegation of royalty collections and re- lated activities (a) Authorization of Secretary Upon written request of any State, the Sec- retary is authorized to delegate, in accordance with the provisions of this section, all or part of the authorities and responsibilities of the Sec- retary under this chapter to: (1) conduct inspections, audits, and inves- tigations; (2) receive and process production and finan- cial reports; (3) correct erroneous report data; (4) perform automated verification; and (5) issue demands, subpoenas, and orders to perform restructured accounting, for royalty management enforcement purposes, to any State with respect to all Federal land within the State. (b) Prerequisites After notice and opportunity for a hearing, the Secretary is authorized to delegate such au- thorities and responsibilities granted under this section as the State has requested, if the Sec- retary finds that—