PRIA, Government Policy, Made Personal

Summary

The Secretary may make cooperative agreements with States or Indian tribes to share oil and gas royalty records and to help with inspections, audits, investigations, and enforcement. Those agreements do not let anyone collect royalties or penalties. A State cannot use such an agreement to do those activities on Indian lands unless the tribe agrees. Under these agreements, and except as section 1733 allows, a State or tribe can request all royalty accounting information the Secretary has about oil or gas from federal leases in its area. The Secretary must give the information as soon as possible and, starting October 1, 1983, within 30 days. Agreements must follow chapter 63 of title 31 and can limit federal funds to the direct costs needed.

Title 30, §1732

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)Authorization of Secretary; permission of Indian tribe required for activities on Indian lands

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)Access to royalty accounting information

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.

Information shall be made available under paragraphs (1) and (2) as soon as practicable after it comes into the possession of the Secretary. Effective October 1, 1983, such information shall be made available under paragraphs (1) and (2) not later than 30 days after such information comes into the possession of the Secretary.

(c)Agreements in accordance with chapter 63 of title 31; terms and conditions

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

Citations & Metadata