30 U.S.C. § 1723 — Rewards

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