Title 30, Mineral Lands and MiningRelease 119-110

§1711 Duties of Secretary

Title 30 › CHAPTER 29 — OIL AND GAS ROYALTY MANAGEMENT › SUBCHAPTER I — FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT › § 1711

Last updated Sep 22, 2026|Official source

Summary

The Secretary must set up a system to inspect, collect, and keep track of oil and gas payments so royalties and other amounts (like interest, fines, fees, and deposits) are figured correctly and collected on time. The Secretary must have authorized, identified staff inspect each lease site at least once a year if it produces or is likely to produce significant oil or gas, or if it has a history of noncompliance, and must train those staff in inspection and accounting. The Secretary must audit and reconcile current and past lease accounts as far as practicable, follow the recordkeeping rules that applied during the audit period, and collect more money or issue refunds when needed. Priority goes to accounts a State or Indian tribe flags as likely underpaid. The Secretary may hire independent certified public accountants by competitive bidding under chapters 1–11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, but may not hire a CPA that has the lessee as a primary audit client. Books, records, reports, and other papers needed for these audits must be made available to anyone or any government entity conducting audits under this chapter.

Full Legal Text

Title 30, §1711

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)Establishment of inspection, collection, and accounting and auditing system
The Secretary shall establish a comprehensive inspection, collection and fiscal and production accounting and auditing system to provide the capability to accurately determine oil and gas royalties, interest, fines, penalties, fees, deposits, and other payments owed, and to collect and account for such amounts in a timely manner.
(b)Annual inspection of lease sites; training
The Secretary shall—
(1)establish procedures to ensure that authorized and properly identified representatives of the Secretary will inspect at least once annually each lease site producing or expected to produce significant quantities of oil or gas in any year or which has a history of noncompliance with applicable provisions of law or regulations; and
(2)establish and maintain adequate programs providing for the training of all such authorized representatives in methods and techniques of inspection and accounting that will be used in the implementation of this chapter.
(c)Audit and reconciliation of lease accounts; contracts with certified public accountants; availability of books, accounts, records, etc., necessary for audit
(1)The Secretary shall audit and reconcile, to the extent practicable, all current and past lease accounts for leases of oil or gas and take appropriate actions to make additional collections or refunds as warranted. The Secretary shall conduct audits and reconciliations of lease accounts in conformity with the business practices and recordkeeping systems which were required of the lessee by the Secretary for the period covered by the audit. The Secretary shall give priority to auditing those lease accounts identified by a State or Indian tribe as having significant potential for underpayment. The Secretary may also audit accounts and records of selected lessees and operators.
(2)The Secretary may enter into contracts or other appropriate arrangements with independent certified public accountants to undertake audits of accounts and records of any lessee or operator relating to the lease of oil or gas. Selection of such independent certified public accountants shall be by competitive bidding in accordance with chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, except that the Secretary may not enter into a contract or other arrangement with any independent certified public accountant to audit any lessee or operator where such lessee or operator is a primary audit client of such certified public accountant.
(3)All books, accounts, financial records, reports, files, and other papers of the Secretary, or used by the Secretary, which are reasonably necessary to facilitate the audits required under this section shall be made available to any person or governmental entity conducting audits under this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (c)(2), “chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1711

Title 30, Mineral Lands and Mining

Last Updated

Sep 22, 2026

Release point: 119-110