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

Summary

The Interior Secretary can require that the United States be paid its royalty in oil or gas. After a lease starts, and from time to time later, the Secretary must try to sell the oil or gas owed to the United States unless he decides the government should keep it for its own use. Sales are announced to the public and done by sealed bids or public auction, but the Secretary may reject any or all bids if that best serves the public. If no good bids come in, a buyer fails to pay, or the Secretary thinks accepting the top bid is unwise, he can re-advertise, sell privately at not less than the market price, or accept the value from the lessee. Refineries that lack their own crude and cannot get enough oil on the open market get preference; they may buy royalty oil privately at not less than market price for processing or use (not for resale), and the Secretary may divide the oil among refineries in the area. While a permanent sale contract is being arranged, current production may be sold privately at not less than market price. Any U.S. department or agency may also buy royalty oil or gas privately at not less than market price.

Title 30, §192

Mineral Lands and Mining — Source: USLM XML via OLRC

All royalty accruing to the United States under any oil or gas lease or permit under this chapter on demand of the Secretary of the Interior shall be paid in oil or gas. Upon granting any oil or gas lease under this chapter, and from time to time thereafter during said lease, the Secretary of the Interior shall, except whenever in his judgment it is desirable to retain the same for the use of the United States, offer for sale for such period as he may determine, upon notice and advertisement on sealed bids or at public auction, all royalty oil and gas accruing or reserved to the United States under such lease. Such advertisement and sale shall reserve to the Secretary of the Interior the right to reject all bids whenever within his judgment the interest of the United States demands; and in cases where no satisfactory bid is received or where the accepted bidder fails to complete the purchase, or where the Secretary of the Interior shall determine that it is unwise in the public interest to accept the offer of the highest bidder, the Secretary of the Interior, within his discretion, may readvertise such royalty for sale, or sell at private sale at not less than the market price for such period, or accept the value thereof from the lessee: Provided, That inasmuch as the public interest will be served by the sale of royalty oil to refineries not having their own source of supply for crude oil, the Secretary of the Interior, when he determines that sufficient supplies of crude oil are not available in the open market to such refineries, is authorized and directed to grant preference to such refineries in the sale of oil under the provisions of this section, for processing or use in such refineries and not for resale in kind, and in so doing may sell to such refineries at private sale at not less than the market price any royalty oil accruing or reserved to the United States under leases issued pursuant to this chapter: Provided further, That in selling such royalty oil the Secretary of the Interior may at his discretion prorate such oil among such refineries in the area in which the oil is produced: Provided, however, That pending the making of a permanent contract for the sale of any royalty, oil or gas as herein provided, the Secretary of the Interior may sell the current product at private sale, at not less than the market price: And provided further, That any royalty, oil, or gas may be sold at not less than the market price at private sale to any department or agency of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1946—Act July 13, 1946, inserted first two provisos which were enacted in order to assist small business enterprise by encouraging the operation of oil refineries not having an adequate supply of crude oil.

Statutory Notes and Related Subsidiaries

Outer Continental Shelf; Royalties From LeasesPayment of royalties from mineral leases on submerged lands of outer Continental Shelf, see section 1337 of Title 43, Public Lands.

§192 Payment of royalties in oil or gas; sale of such oil or gas