PRIA, Government Policy, Made Personal

Summary

Lessees must make royalty and other lease payments when and how the Secretary or the delegated State requires. A lessee can name someone in writing to make some or all payments for them; that named person can pay, credit, ask for refunds, make adjustments, and file reports in their own name, but the named person is not liable for the lease’s payment obligations. The owner of the operating rights is primarily responsible for its share of payments. If the legal title is held by someone else, that title owner is secondarily responsible for its share. Operators must create and follow a site security plan and basic security measures the Secretary sets to prevent theft of onshore or Outer Continental Shelf oil and gas. Operators must tell the Secretary, in the required way, no later than the 5th business day after a well starts production or restarts after being off for more than 90 days. People transporting oil by motor vehicle must carry paperwork showing the amount, origin, and first destination. Pipeline carriers must keep the same paperwork for oil or gas from Federal or Indian lease sites.

Title 30, §1712

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)Liability for royalty payments

In order to increase receipts and achieve effective collections of royalty and other payments, a lessee who is required to make any royalty or other payment under a lease or under the mineral leasing laws, shall make such payments in the time and manner as may be specified by the Secretary or the applicable delegated State. A lessee may designate a person to make all or part of the payments due under a lease on the lessee’s behalf and shall notify the Secretary or the applicable delegated State in writing of such designation, in which event said designated person may, in its own name, pay, offset or credit monies, make adjustments, request and receive refunds and submit reports with respect to payments required by the lessee. Notwithstanding any other provision of this chapter to the contrary, a designee shall not be liable for any payment obligation under the lease. The person owning operating rights in a lease shall be primarily liable for its pro rata share of payment obligations under the lease. If the person owning the legal record title in a lease is other than the operating rights owner, the person owning the legal record title shall be secondarily liable for its pro rata share of such payment obligations under the lease.

(b)Development of and compliance with site security plan and minimum site security measures by operators; notification to Secretary of well production

An operator shall—

(1)develop and comply with a site security plan designed to protect the oil or gas produced or stored on an onshore lease site from theft, which plan shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances at lease sites;

(2)develop and comply with such minimum site security measures as the Secretary deems appropriate to protect oil or gas produced or stored on a lease site or on the Outer Continental Shelf from theft; and

(3)not later than the 5th business day after any well begins production anywhere on a lease site or allocated to a lease site, or resumes production in the case of a well which has been off of production for more than 90 days, notify the Secretary, in the manner prescribed by the Secretary, of the date on which such production has begun or resumed.

(c)Possession of documentation by transporters of oil or gas by motor vehicle or pipeline

(1)Any person engaged in transporting by motor vehicle any oil from any lease site, or allocated to any such lease site, shall carry, on his person, in his vehicle, or in his immediate control, documentation showing, at a minimum, the amount, origin, and intended first destination of the oil.

(2)Any person engaged in transporting any oil or gas by pipeline from any lease site, or allocated to any lease site, on Federal or Indian lands shall maintain documentation showing, at a minimum, amount, origin, and intended first destination of such oil or gas.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–185 inserted heading and amended text generally. Prior to amendment, text read as follows: “A lessee— “(1) who is required to make any royalty or other payment under a lease or under the mineral leasing laws, shall make such payments in the time and manner as may be specified by the Secretary; and “(2) shall notify the Secretary, in the time and manner as may be specified by the Secretary, of any assignment the lessee may have made of the obligation to make any royalty or other payment under a lease or under the mineral leasing laws.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–185 applicable with respect to the production of oil and gas after the first day of the month following Aug. 13, 1996, see section 11 of Pub. L. 104–185, set out as a note under section 1701 of this title. Applicability of 1996 AmendmentAmendment by Pub. L. 104–185 not applicable to any privately owned minerals or with respect to Indian lands, see section 9 and 10 of Pub. L. 104–185, set out as a note under section 1701 of this title.

§1712 Duties of Lessees, Operators, and Motor Vehicle Transporters