30 U.S.C. § 191 — Disposition of moneys received

Page 54 TITLE 30—MINERAL LANDS AND MINING § 189 (Nov. 28, 1943, ch. 329, 57 Stat. 593; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes CODIFICATION Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which comprises this chapter. Executive Documents TRANSFER OF FUNCTIONS ‘‘Bureau of Land Management’’ substituted in text for ‘‘General Land Office’’ on authority of Reorg. Plan No. 3 of 1946, § 403, set out in the Appendix to Title 5, Government Organization and Employees. § 189. Rules and regulations; boundary lines; State rights unaffected; taxation The Secretary of the Interior is authorized to prescribe necessary and proper rules and regula- tions and to do any and all things necessary to carry out and accomplish the purposes of this chapter, also to fix and determine the boundary lines of any structure, or oil or gas field, for the purposes of this chapter. Nothing in this chapter shall be construed or held to affect the rights of the States or other local authority to exercise any rights which they may have, including the right to levy and collect taxes upon improve- ments, output of mines, or other rights, prop- erty, or assets of any lessee of the United States. (Feb. 25, 1920, ch. 85, § 32, 41 Stat. 450.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of the Interior to promulgate regulations under this chapter relating to fostering of competition for Federal leases, implementation of al- ternative bidding systems authorized for award of Fed- eral leases, establishment of diligence requirements for operations conducted on Federal leases, setting of rates for production of Federal leases, and specifying of pro- cedures, terms, and conditions for acquisition and dis- position of Federal royalty interests taken in kind, transferred to Secretary of Energy by section 7152(b) of Title 42, The Public Health and Welfare. Section 7152(b) of Title 42 was repealed by Pub. L. 97–100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407, and functions of Secretary of Energy returned to Secretary of the Interior. See House Report No. 97–315, pp. 25, 26, Nov. 5, 1981. OUTER CONTINENTAL SHELF; RULES AND REGULATIONS WITH RESPECT TO LEASES Rules and regulations with respect to mineral leases on submerged lands of outer Continental Shelf to be prescribed by Secretary of the Interior, see section 1334 of Title 43, Public Lands. § 190. Oath; requirement; form; blanks All statements, representations, or reports re- quired by the Secretary of the Interior under this chapter shall be upon oath, unless otherwise specified by him, and in such form and upon such blanks as the Secretary of the Interior may require. (Feb. 25, 1920, ch. 85, § 33, 41 Stat. 450.) § 191. Disposition of moneys received (a) In general All money received from sales, bonuses, royal- ties including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982 [30 U.S.C. 1701 et seq.], and rentals of the public lands under the provisions of this chapter and the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.], shall be paid into the Treasury of the United States; and, subject to the provisions of subsection (b), 50 per centum thereof shall be paid by the Secretary of the Treasury to the State other than Alaska within the boundaries of which the leased lands or de- posits are or were located; said moneys paid to any of such States on or after January 1, 1976, to be used by such State and its subdivisions, as the legislature of the State may direct giving priority to those subdivisions of the State so- cially or economically impacted by development of minerals leased under this chapter, for (i) planning, (ii) construction and maintenance of public facilities, and (iii) provision of public service; and excepting those from Alaska, 40 per centum thereof shall be paid into, reserved, ap- propriated, as part of the reclamation fund cre- ated by the Act of Congress known as the Rec- lamation Act, approved June 17, 1902, and of those from Alaska, 90 per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof: Provided, That all mon- eys which may accrue to the United States under the provisions of this chapter and the Geothermal Steam Act of 1970 from lands within the naval petroleum reserves shall be deposited in the Treasury as ‘‘miscellaneous receipts’’, as provided by section 8733(b) of title 10. All mon- eys received under the provisions of this chapter and the Geothermal Steam Act of 1970 not other- wise disposed of by this section shall be credited to miscellaneous receipts. Payments to States under this section with respect to any moneys received by the United States, shall be made not later than the last business day of the month in which such moneys are warranted by the United States Treasury to the Secretary as having been received, except for any portion of such moneys which is under challenge and placed in a sus- pense account pending resolution of a dispute. Such warrants shall be issued by the United States Treasury not later than 10 days after re- ceipt of such moneys by the Treasury. Moneys placed in a suspense account which are deter- mined to be payable to a State shall be made not later than the last business day of the month in which such dispute is resolved. Any such amount placed in a suspense account pend- ing resolution shall bear interest until the dis- pute is resolved. (b) Deduction for administrative costs In determining the amount of payments to the States under this section, beginning in fiscal year 2014 and for each year thereafter, the amount of such payments shall be reduced by 2 percent for any administrative or other costs in- curred by the United States in carrying out the program authorized by this chapter, and the amount of such reduction shall be deposited to miscellaneous receipts of the Treasury. Page 55 TITLE 30—MINERAL LANDS AND MINING § 191 (c) Rentals received on or after August 8, 2005 (1) Notwithstanding the first sentence of sub- section (a), any rentals received from leases in any State (other than the State of Alaska) on or after August 8, 2005, shall be deposited in the Treasury, to be allocated in accordance with paragraph (2). (2) Of the amounts deposited in the Treasury under paragraph (1)— (A) 50 percent shall be paid by the Secretary of the Treasury to the State within the bound- aries of which the leased land is located or the deposits were derived; and (B) 50 percent shall be deposited in a special fund in the Treasury, to be known as the ‘‘BLM Permit Processing Improvement Fund’’ (referred to in this subsection as the ‘‘Fund’’). (3) USE OF FUND.— (A) IN GENERAL.—The Fund shall be avail- able to the Secretary of the Interior for ex- penditure, without further appropriation and without fiscal year limitation, for the coordi- nation and processing of oil and gas use au- thorizations on onshore Federal and Indian trust mineral estate land. (B) ACCOUNTS.—The Secretary shall divide the Fund into— (i) a Rental Account (referred to in this subsection as the ‘‘Rental Account’’) com- prised of rental receipts collected under this section; and (ii) a Fee Account (referred to in this sub- section as the ‘‘Fee Account’’) comprised of fees collected under subsection (d). (4) RENTAL ACCOUNT.— (A) IN GENERAL.—The Secretary shall use the Rental Account for— (i) the coordination and processing of oil and gas use authorizations on onshore Fed- eral and Indian trust mineral estate land under the jurisdiction of the Project offices identified under section 15924(d) of title 42; and (ii) training programs for development of expertise related to coordinating and proc- essing oil and gas use authorizations. (B) ALLOCATION.—In determining the alloca- tion of the Rental Account among Project of- fices for a fiscal year, the Secretary shall con- sider— (i) the number of applications for permit to drill received in a Project office during the previous fiscal year; (ii) the backlog of applications described in clause (i) in a Project office; (iii) publicly available industry forecasts for development of oil and gas resources under the jurisdiction of a Project office; and (iv) any opportunities for partnership with local industry organizations and educational institutions in developing training programs to facilitate the coordination and processing of oil and gas use authorizations. (5) FEE ACCOUNT.— (A) IN GENERAL.—The Secretary shall use the Fee Account for the coordination and proc- essing of oil and gas use authorizations on on- shore Federal and Indian trust mineral estate land. (B) ALLOCATION.—The Secretary shall trans- fer not less than 75 percent of the revenues collected by an office for the processing of ap- plications for permits to the State office of the State in which the fees were collected. (d) BLM oil and gas permit processing fee (1) In general Notwithstanding any other provision of law, for each of fiscal years 2016 through 2026, the Secretary, acting through the Director of the Bureau of Land Management, shall collect a fee for each new application for a permit to drill that is submitted to the Secretary. (2) Amount The amount of the fee shall be $9,500 for each new application, as indexed for United States dollar inflation from October 1, 2015 (as meas- ured by the Consumer Price Index). (3) Use Of the fees collected under this subsection for a fiscal year, the Secretary shall transfer— (A) for each of fiscal years 2016 through 2019— (i) 15 percent to the field offices that col- lected the fees and used to process pro- tests, leases, and permits under this chap- ter, subject to appropriation; and (ii) 85 percent to the BLM Permit Proc- essing Improvement Fund established under subsection (c)(2)(B) (referred to in this subsection as the ‘‘Fund’’); and (B) for each of fiscal years 2020 through 2026, all of the fees to the Fund. (4) Additional costs During each of fiscal years of 2016 through 2026, the Secretary shall not implement a rule- making that would enable an increase in fees to recover additional costs related to proc- essing applications for permits to drill. (Feb. 25, 1920, ch. 85, § 35, 41 Stat. 450; May 27, 1947, ch. 83, 61 Stat. 119; Aug. 3, 1950, ch. 527, 64 Stat. 402; Pub. L. 85–88, § 2, July 10, 1957, 71 Stat. 282; Pub. L. 85–508, §§ 6(k), 28(b), July 7, 1958, 72 Stat. 343, 351; Pub. L. 94–273, § 6(2), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94–377, § 9, Aug. 4, 1976, 90 Stat. 1089; Pub. L. 94–422, title III, § 301, Sept. 28, 1976, 90 Stat. 1323; Pub. L. 94–579, title III, § 317(a), Oct. 21, 1976, 90 Stat. 2770; Pub. L. 97–451, title I, §§ 104(a), 111(g), Jan. 12, 1983, 96 Stat. 2451, 2456; Pub. L. 100–203, title V, § 5109, Dec. 22, 1987, 101 Stat. 1330–261; Pub. L. 100–443, § 5(b), Sept. 22, 1988, 102 Stat. 1768; Pub. L. 103–66, title X, § 10201, Aug. 10, 1993, 107 Stat. 407; Pub. L. 106–393, title V, § 503, Oct. 30, 2000, 114 Stat. 1624; Pub. L. 109–58, title III, § 365(g), Aug. 8, 2005, 119 Stat. 725; Pub. L. 113–67, div. A, title III, § 302, Dec. 26, 2013, 127 Stat. 1181; Pub. L. 113–291, div. B, title XXX, § 3021(b), (c)(1), Dec. 19, 2014, 128 Stat. 3760, 3761; Pub. L. 115–232, div. A, title VIII, § 809(i)(1), Aug. 13, 2018, 132 Stat. 1843.) Editorial Notes REFERENCES IN TEXT The Federal Oil and Gas Royalty Management Act of 1982, referred to in subsec. (a), is Pub. L. 97–451, Jan. 12, 1983, 96 Stat. 2447, which is classified generally to chap- Page 56 TITLE 30—MINERAL LANDS AND MINING § 191 ter 29 (§ 1701 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. The Geothermal Steam Act of 1970, referred to in sub- sec. (a), is Pub. L. 91–581, Dec. 24, 1970, 84 Stat. 1566, which is classified principally to chapter 23 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1001 of this title and Tables. The Reclamation Act, approved June 17, 1902, referred to in subsec. (a), is act June 17, 1902, ch. 1093, 32 Stat. 388, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables. CODIFICATION Provisions of subsec. (a) which authorized the pay- ment of monies to the Territory of Alaska were omit- ted as superseded by the provisions authorizing the payment of monies to the State of Alaska. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–232 substituted ‘‘section 8733(b) of title 10’’ for ‘‘the Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat. 1252)’’. 2014—Subsec. (c)(3) to (5). Pub. L. 113–291, § 3021(c)(1), added pars. (3) to (5) and struck out former par. (3) which read as follows: ‘‘For each of fiscal years 2006 through 2015, the Fund shall be available to the Sec- retary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use au- thorizations on onshore Federal land under the juris- diction of the Pilot Project offices identified in section 15924(d) of title 42.’’ Subsec. (d). Pub. L. 113–291, § 3021(b), added subsec. (d) 2013—Subsec. (b). Pub. L. 113–67 amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘In determining the amount of payments to the States under this section, the amount of such payments shall not be reduced by any administrative or other costs in- curred by the United States.’’ 2005—Subsec. (c). Pub. L. 109–58 added subsec. (c). 2000—Subsec. (b). Pub. L. 106–393 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to deductions for administration from the amount to be paid to States under this section or under other laws requiring payment to a State of revenues derived from the leasing of onshore lands owned by the United States for the production of the same types of minerals leasable under this chapter or of geothermal steam. 1993—Pub. L. 103–66 struck out last sentence, des- ignated remaining provisions as subsec. (a) and in first sentence inserted ‘‘and, subject to the provisions of subsection (b),’’ before ‘‘50 per centum’’, and added sub- sec. (b). Prior to amendment, last sentence read as fol- lows: ‘‘In determining the amount of payments to States under this section, the amount of such pay- ments shall not be reduced by any administrative or other costs incurred by the United States.’’ 1988—Pub. L. 100–443 struck out ‘‘notwithstanding the provisions of section 20 thereof,’’ before ‘‘shall be paid’’. 1987—Pub. L. 100–203 inserted at end ‘‘In determining the amount of payments to States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.’’ 1983—Pub. L. 97–451, § 111(g), inserted reference to in- terest charges collected under the Federal Oil and Gas Royalty Management Act of 1982. Pub. L. 97–451, § 104(a), struck out ‘‘as soon as prac- ticable after March 31 and September 30 of each year’’ after ‘‘Secretary of the Treasury’’ and ‘‘of those from Alaska’’, and inserted at end provisions directing that payments to States be made not later than the last business day of the month in which such moneys are warranted by the United States Treasury to the Sec- retary as having been received, that warrants be issued by the Treasury not later than 10 days after receipt of the money by the Treasury, that moneys placed in a suspense account which are determined to be payable to a State be made not later than the last business day of the month in which a dispute is resolved, and that amounts placed in a suspense account pending resolu- tion bear interest until the dispute is resolved. 1976—Pub. L. 94–579 substituted provisions setting forth determination of amount, time for payments, and manner of expenditure by the States of all moneys re- ceived from sales, etc., under provisions of this chapter and the Geothermal Steam Act of 1970, and proviso re- lating to naval petroleum reserve moneys, for provi- sions setting forth determination of amount and time for payment to the States of all moneys received from sales, etc., under the provisions of this chapter, and provisos relating to naval petroleum reserve moneys, additional moneys from sales, etc., under this chapter and the Geothermal Steam Act of 1970, and expenditure of State oil shale funds. Pub. L. 94–422 inserted proviso that all moneys paid to any State from sales, bonuses, royalties, and rentals of oil shale in public lands may be used by any State for planning, construction, and maintenance of public facilities as legislature of State may direct. Pub. L. 94–377 substituted ‘‘40 per centum thereof shall be paid into, reserved’’ for ‘‘521⁄2 per centum there- of shall be paid into, reserved’’, inserted ‘‘and the Geo- thermal Steam Act of 1970, notwithstanding the provi- sions of section 20 thereof’’ before ‘‘shall be paid into the Treasury of the United States’’, ‘‘and the Geo- thermal Steam Act of 1970’’ before ‘‘from lands within the naval petroleum reserves’’ and before ‘‘not other- wise disposed of by this section’’, and provisos relating to the payment of an additional 121⁄2 per centum of all money received from lands under provisions of this chapter and the Geothermal Steam Act of 1970 to the State within whose boundaries the lands are located, to be used for construction of public facilities, and relat- ing to the use of funds received by Colorado and Utah under the specified leases. Pub. L. 94–273 substituted ‘‘March’’ for ‘‘December’’ and ‘‘September’’ for ‘‘June’’. 1958—Pub. L. 85–508, §§ 6(k), 28(b), struck out provi- sions which related to disposition of proceeds or in- come derived by the United States from mineral school sections in the Territory of Alaska and substituted ‘‘, and of those from Alaska 521⁄2 per centum thereof shall be paid to the State of Alaska for disposition by the legislators thereof’’ for ‘‘, and of those from Alaska 521⁄2 per centum thereof shall be paid to the Territory of Alaska for disposition by the Legislature of the Ter- ritory of Alaska’’ before proviso. 1957—Pub. L. 85–88 inserted ‘‘, and of those from Alas- ka 521⁄2 per centum thereof shall be paid to the Terri- tory of Alaska for disposition by the Legislature of the Territory of Alaska’’ before proviso. 1950—Act Aug. 3, 1950, in providing that payments to States be made bi-annually instead of annually, sub- stituted ‘‘as soon as practicable after December 31 and June 30 of each year’’ for ‘‘after the expiration of each fiscal year’’. 1947—Act May 27, 1947, extended provisions by allo- cating 371⁄2% of the money received from sales, bonuses, royalties, and rentals of public lands to the Territory of Alaska, for the construction and maintenance of public schools or other public educational institutions and inserted provisions relating to disposition of pro- ceeds or income derived by the United States from min- eral school sections in the Territory of Alaska. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. Page 57 TITLE 30—MINERAL LANDS AND MINING § 191b EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 104(a) of Pub. L. 97–451 appli- cable with respect to payments received by the Sec- retary of the Treasury after Oct. 1, 1983, unless the Sec- retary by rule, prescribes an earlier effective date, see section 104(c) of Pub. L. 97–451, set out as an Effective Date note under section 1714 of this title. SAVINGS PROVISION Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., exist- ing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands. FINDINGS Pub. L. 106–393, title V, § 502, Oct. 30, 2000, 114 Stat. 1624, provided that: ‘‘The Congress finds the following: ‘‘(1) Section 10201 of the Omnibus Budget Reconcili- ation Act of 1993 (Public Law 103–66; 107 Stat. 407) amended section 35 of the Mineral Leasing Act (30 U.S.C. 191) to change the sharing of onshore mineral revenues and revenues from geothermal steam from a 50:50 split between the Federal Government and the States to a complicated formula that entailed de- ducting from the State share of leasing revenues ‘50 percent of the portion of the enacted appropriations of the Department of the Interior and any other agen- cy during the preceding fiscal year allocable to the administration of all laws providing for the leasing of any onshore lands or interest in land owned by the United States for the production of the same types of minerals leasable under this Act or of geothermal steam, and to enforcement of such laws * * *’. ‘‘(2) There is no legislative record to suggest a sound public policy rationale for deducting prior-year administrative expenses from the sharing of current- year receipts, indicating that this change was made primarily for budget scoring reasons. ‘‘(3) The system put in place by this change in law has proved difficult to administer and has given rise to disputes between the Federal Government and the States as to the nature of allocable expenses. Federal accounting systems have proven to be poorly suited to breaking down administrative costs in the manner required by the law. Different Federal agencies im- plementing this law have used varying methodologies to identify allocable costs, resulting in an inequitable distribution of costs during fiscal years 1994 through 1996. In November 1997, the Inspector General of the Department of the Interior found that ‘the congres- sionally approved method for cost sharing deductions effective in fiscal year 1997 may not accurately com- pute the deductions’. ‘‘(4) Given the lack of a substantive rationale for the 1993 change in law and the complexity and admin- istrative burden involved, a return to the sharing for- mula prior to the enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993] is justified.’’ FUNDS HELD BY COLORADO AND UTAH FROM INTERIOR DEPARTMENT OIL SHALE TEST LEASES Pub. L. 94–579, title III, § 317(b), Oct. 21, 1976, 90 Stat. 2771, provided that: ‘‘Funds now held pursuant to said section 35 [this section] by the States of Colorado and Utah separately from the Department of the Interior oil shale test leases known as C–A; C–B; U–A and U–B shall be used by such States and subdivisions as the legislature of each State may direct giving priority to those subdivisions socially or economically impacted by the development of minerals leased under this Act for (1) planning, (2) construction and maintenance of public facilities, and (3) provision of public services.’’ OUTER CONTINENTAL SHELF; REVENUES FROM LEASES Disposition of revenues from leases on submerged lands of outer Continental Shelf, see sections 1337 and 1338 of Title 43, Public Lands. Executive Documents ADMISSION OF ALASKA AS STATE Effectiveness of amendment by Pub. L. 85–508 was de- pendent on admission of Alaska into the Union under sections 6(k) and 8(b) of Pub. L. 85–508. Admission was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sec- tions 1 and 8(c) of Pub. L. 85–508. See notes preceding section 21 of Title 48, Territories and Insular Posses- sions. § 191a. Late payment charges under Federal min- eral leases (a) Distribution of late payment charges Any interest or other charges paid to the United States by reason of the late payment of any royalty, rent, bonus, or other amount due to the United States under any lease issued by the United States for the extraction of oil, gas, coal, or any other mineral, or for geothermal steam, shall be deposited in the same account and dis- tributed to the same recipients, in the same manner, as such royalty, rent, bonus, or other amount. (b) Effective date Subsection (a) shall apply with respect to any interest, or other charge referred to in sub- section (a), which is paid to the United States on or after July 1, 1988. (c) Prohibition against recoupment Any interest, or other charge referred to in subsection (a), which was paid to the United States before July 1, 1988, and distributed to any State or other recipient is hereby deemed to be authorized and approved as of the date of pay- ment or distribution, and no part of any such payment or distribution shall be recouped from the State or other recipient. This subsection shall not apply to interest or other charges paid in connection with any royalty, rent, bonus, or other amount determined not to be owing to the United States. (Pub. L. 100–524, § 7, Oct. 24, 1988, 102 Stat. 2607.) Editorial Notes CODIFICATION Section was enacted as part of the Congaree Swamp National Monument Expansion and Wilderness Act, and not as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which comprises this chapter. § 191b. Collection of unpaid and underpaid royal- ties and late payment interest owed by lessees Beginning in fiscal year 1996 and thereafter, the Secretary shall take appropriate action to collect unpaid and underpaid royalties and late payment interest owed by Federal and Indian mineral lessees and other royalty payors on amounts received in settlement or other resolu- tion of disputes under, and for partial or com- plete termination of, sales agreements for min- erals from Federal and Indian leases. (Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–167; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)