§1732 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

The Secretary can make cooperative agreements with any State or Indian tribe to share oil and gas royalty management information and to work together on inspections, audits, investigations, and enforcement actions. Enforcement does not include collecting royalties, fines, or other payments. The Secretary can also include other activities listed in section 1718. The Secretary must not make an agreement with a State about work on Indian lands unless the Indian tribe gives permission. Under a cooperative agreement, except as provided in section 1733, a State can request and get all royalty accounting records the Secretary has for Federal leases in that State, and an Indian tribe can request and get all such records for Indian lands under its jurisdiction. Each agreement must follow chapter 63 of title 31 and must limit federal funds to costs directly needed to carry out the agreed work.

Title 30, §1732

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)The Secretary is authorized to enter into a cooperative agreement or agreements with any State or Indian tribe to share oil or gas royalty management information, to carry out inspection, auditing, investigation or enforcement (not including the collection of royalties, civil or criminal penalties or other payments) activities under this chapter in cooperation with the Secretary, and to carry out any other activity described in section 1718 of this title. The Secretary shall not enter into any such cooperative agreement with a State with respect to any such activities on Indian lands, except with the permission of the Indian tribe involved.

(b)Except as provided in section 1733 of this title, and pursuant to a cooperative agreement—

(1)each State shall, upon request, have access 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 information in the possession of the Secretary respecting the production, removal, or sale of oil or gas from leases on Indian lands under the jurisdiction of such tribe.

(c)Any cooperative agreement entered into pursuant 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 Secretary deems appropriate and consistent with the purposes of this chapter, including, but not limited to, a limitation on the use of Federal assistance to those costs which are directly required to carry out the agreed upon activities.

Notes & Related Subsidiaries

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, provided that: “With respect to Federal lands, section 202 and 307 of the Federal Oil and Gas Royalty Management 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.”

§1732 Cooperative agreements

Summary

Title 30, §1732

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

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