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 96 STAT. 2440

33 USC 1001 ^^^-

PUBLIC LAW 97-449—JAN. 12, 1983

words "Interstate Commerce Commission" wherever they appear and substituting "Secretary of Transportation". (d)(1) Section 7 of the Act of March 4, 1915 (33 U.S.C. 471), rule 9 of section 1 of the Act of February 8, 1895 (33 U.S.C. 258), section 5 of the Act of August 18, 1894 (33 U.S.C. 499), sections 7 and 13 of the Act of June 21, 1940 (33 U.S.C. 517 and 523), the Act of August 21, 1935 (33 U.S.C. 503-507), the Act of March 23, 1906 (33 U.S.C. 491498), and the General Bridge Act of 1946 (33 U.S.C. 525-533) are amended by striking out the words "Secretary of War" wherever they appear and substituting "Secretary of Transportation". (2) The 5th paragraph of section 1 of the Act of June 21, 1940 (33 U.S.C. 511), is amended to read as follows: "The term 'Secretary' means the Secretary of Transportation.". (3) Section 502(c) of the General Bridge Act of 1946 (33 U.S.C. 525(c)) is amended further by striking out the words "Public Roads Administration" and substituting "Secretary of Transportation". (e)(1) Section 2(h) of the Oil Pollution Act, 1961 (33 U.S.C. 1001(h)) is amended to read as follows: "(h) The term 'Secretary' means the Secretary of Transportation;". (2) The amendment made by paragraph (1) of this subsection is repealed when the amendment to section 2(h) of the Oil Pollution Act, 1961, made by section 2(1)(F) of the Oil Pollution Act Amendments of 1973 (Public Law 93-119; 87 Stat. 424), becomes effective. (f) Section 9 of the Act of March 3, 1899 (33 U.S.C. 401), is amended to read as follows: "SEC. 9. It shall not be lawful to construct or commence the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for (1) the bridge or causeway shall have been submitted to and approved by the Secretary of Transportation, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of the Army. However, such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Secretary of Transportation or by the Chief of Engineers and Secretary of the Army before construction is commenced. When plans for any bridge or other structure have been approved by the Secretary of Transportation or by the Chief of Engineers and Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless modification of said plans has previously been submitted to and received the approval of the Secretary of Transportation or the Chief of Engineers and the Secretary of the Army. The approval required by this section of the location and plans or any modification of plans of any bridge or causeway does not apply to any bridge or causeway over waters that are not subject to the ebb and flow of the tide and that are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce.".

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96 STAT. 2441

CONFORMING EXECUTIVE PAY SCHEDULE PROVISIONS

SEC. 3, Title 5, United States Code, is amended as follows: (1) In section 5313, add at the end thereof the following new item: "Administrator, Federal Highway Administration.". (2) In section 5314, strike out "Administrator, Federal Highway Administration." and substitute "Administrator of the National Highway Traffic Safety Administration.". (3) In section 5315, strike out "Director of Public Roads." and substitute "Deputy Federal Highway Administrator.". (4) In section 5316, strike out "Director, National Highway Safety Bureau." and substitute "Assistant Federal Highway Administrator.". (5) In section 5316, strike out "Director, National Traffic Safety Bureau." and substitute "Deputy Administrator of the National Highway Traffic Safety Administration.". CONFORMING PROVISIONS

SEC. 4. (a) Section 103 of the Water Resources Planning Act (42 U.S.C. 1962a-2) is amended— (1) by inserting the subsection designation "(a)" at the beginning of the text of the section; and (2) by adding at the end of the section the following new subsection: "(b) The Council shall develop standards and criteria for economic Standards and evaluation of water resource projects. For the purpose of those criteria. standards and criteria, the primary direct navigation benefits of a water resource project are defined as the product of the savings to shippers using the waterway and the estimated traffic that would use the waterway. 'Savings to shippers' means the difference "Savings to between (1) the freight rates or charges prevailing at the time of the shippers." study for the movement by the alternative means, and (2) those which would be charged on the proposed waterway. Estimated traffic that would use the waterway will be based on those freight rates, taking into account projections of the economic growth of the area.". (b) Effective October 17, 1978— (1) section 202(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210, 90 Stat. 39) is repealed; 49 USC i note (2) sections 304(j) and 603 of the Regional Rail Reorganization Act of 1973 (Public Law 93-236, 87 Stat. 985) are repealed; 45 USC 744, 793. (3) section 4(d) of the Act of October 17, 1978 (Public Law 95-473, 92 Stat. 1470), is amended by striking out "chapter 169" 49 USC note prec. 10101. and substituting "chapter 292"; and (4) section 10504 of title 49 is amended by adding at the end of the section the following new subsection: "(c) Notwithstanding subsection (b) of this section, a local public body, described in subsection (b), is subject to applicable laws of the United States related to— "(1) safety; "(2) the representation of employees for collective bargaining; and "(3) employment retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers.".

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PUBLIC LAW 97-449—JAN. 12, 1983

(c) Section 307(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1348(b)) is amended by adding at the end thereof the following new sentence: "The Secretary may, subject to such regulations, supervision, and review as he may prescribe, from time to time make such provision as he shall deem appropriate authorizing the performance by a Federal department or agency, with the consent of the department or agency, of any function under this subsection.". CONFORMING CROSS-REFERENCES

26 USC 7701.

SEC. 5. (a) Title 11, United States Code, is amended as follows: (1) In item 1166 of the analysis of chapter 11, strike out "Interstate Commerce Act" and substitute "subtitle IV of title 49". (2) In section 1166— (A) in the catchline, strike out "Interstate Commerce Act" and substitute "subtitle IV of title 49"; and (B) in the text, strike out "the Interstate (Commerce Act (49 U.S.C. 1 et seq.)" and substitute "subtitle IV of title 49". (3) In section 1169, strike out "the Interstate (Commerce Act (49 U.S.C. 1 et seq.)" and substitute "subtitle IV of title 49". (b) Section 42(e) of title 14, United States Code, is amended by striking out "section 9(d)(l) of the Department of Transportation Act (80 Stat. 944; 49 U.S.C. 1657)" and substituting "section 324(d) of title 49". (c) Section 2341(3) of title 18, United States Code, is amended by striking out "the Interstate Commerce Act" and substituting "subtitle IV of title 49". (d) Title 23, United States Code, is amended as follows: (1) In section 117(e), strike out "section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(0)" and substitute "section 303 of title 49". (2) In the analysis of chapter 3, strike out item 303. (3) In section 322(a), strike out ", conducted under authority of the Act entitled 'An Act to authorize the Secretary of Commerce to undertake research and development in high-speed ground transportation, and for other purposes', approved September 30, 1965 (49 U.S.C. 1631 et seq.)". (e) The Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) is amended as follows: (1) In section 7701(a)(33XF), strike out "part III of the Interstate Commerce Act" and substitute "subchapter III of chapter 105 of title 49". (2) In section 7701(a)(33XH), strike out "part I of the Interstate Commerce Act" and substitute "subchapter I of chapter 105 of title 49". (f) Section 1337(a) and (b) of title 28, United States Code, is amended by striking out "section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319)" and substituting "section 11707 of title 49". (g) Subtitle rV of title 49, United States Code, is amended as follows: (1) In section 10526(a)(5), strike out "section 1141j(a) of title 12" and substitute "section 15(a) of the Agricultural Marketing Act(12US.C. 1141j(a))".

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96 STAT. 2443

(2) In section 10544(d)(l)(B), strike out "chapters 23 and 23A of title 46" and substitute "the Shipping Act, 1916 (46 U.S.C. 801 et seq.) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843-848)". (3) In section 10562(1), strike out "section 1141j(a) of title 12" and substitute "section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))". (4) In the first sentence of section 10705(c), strike out "subtitle" and substitute "title". (5) In section 10703(a)(4)(D)(ii), strike out "section 801 or sections 843-849 of title 46" and substitute "section 1 of the Shipping Act, 1916 (46 U.S.C. 801) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843-848)". (6) In section 10925(d)(l), strike out "certificate" and substitute "certificate or permit". (7) In section 11346(a), strike out "section 1654(c)" and substitute "section 333(c)". (8) In section 11348(a)— (A) insert "504(f)," immediately before "10764"; and (B) strike out "11711,". (9) In section 11361(b), strike out "section 205" and substitute "subchapter IV".

49 USC 10544.

LEGISLATIVE PURPOSE AND CONSTRUCTION

SEC. 6. (a) Sections 1-5 of this Act restate, without substantive change, laws enacted before November 15, 1982, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after November 14, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. (b) A reference to a law replaced by sections 1-5 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) An order, rule, or regulation in effect under a law replaced by sections 1-5 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) An action taken or an offense committed under a law replaced by sections 1-5 of this Act is deemed to have been taken or committed under the corresjponding provision enacted by this Act. (e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catehline thereof. (f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.

49 USC note P^®^ ^^^•

REPEALS

SEC. 7. (a) The repeal of a law by this Act may not be construed as 49 USC note a legislative inference that the provision was or was not in effect P'"^'^ ^^^ before its repeal. (b) The laws specified in the following schedule are repealed, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act:

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 96 STAT. 2444

PUBLIC LAW 97-449—JAN. 12, 1983 Schedule of Laws Repealed Statutes at Large Statutes at Laige

orPuUk Law

Date

Sectimi

Volume

1887 FBb.4

104.

1910 Apr. 14

160.

1986 Aug. 9

496.

1967 Aug. 26

818.

"Sec. 26(g)"

50 887

1940 Sept 18

722.

14(b) (related to "Sec. 25(g)"). 20(b)(4). 24.

54 919.922,926

1,2.

70

19S6 Aug. 8

25(B). 208(a)(22). (28). 204(a)(l) ("qualifica^08" through period). (2) ("qualifications" throuf^ period), (8), mi, (5). 220(0.226.

24 379

546

1968 Aug. 28

85-726.

801(a). <b), 802(aHd). (f). (h). (i). (k). 808(a)(c)(1), (d).(e). 811.818(e).

72 744,746,747, 748,749, 751,758

1961 Oct4

87-867.

205..

76 791

1962 Oct 11

87-798.

1001(h)

76 864

805(16)(B).(C).

78 424

1964 Aug. 14 1966 SqitSO 1966 Se|it9 Oct. 15

79 8»-664. 89-670.

201 2.8(aHe). 4(a). (b). (e)-<g). 5(aHe). 6(a)(1)(B), (C). (Bhm, (2)(A) (rdated to { 4 of the Act of Sept 80.1966). (4). (6)(B). (b)(1), (2), (c)(1) (Ist sentence proviBo, 2d. last sentences). (e)(5). mSHDX (f)(2). (8), (sKD(4)(B). (E). (5). (6). 7. 8(g)(2). (h). 9 ( i S ^ (jH«D(8), (r), 11.12,17.

80 785 80 981,988.984, 939,940, 941.948. 944.945, 947.949

Aug. 28

90-496.

18(b).

82 824

1970 May 21 Dec 81

91-268. 91-605.

51(a)(1). 202(a)...

84 234 84 1789

1972 Aug. 22

92-401.

6..

1974 Jan. 2 Oct 28

98-286. 98-496.

1976 Jan. 8

16. 118(d). (e)..

617 87 1022 1588 2168

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 PUBLIC LAW 97-449—JAN. 12, 1983

96 STAT. 2445

Schedule of Laws Repealed—Continued Statutes at Large Date

Statutes at Large

Chapter or Public Law

Section

Volume

Page

1976 Feb. 5 Julys July 12

94-210 94-348 94-358

401, 905, 906 6 16

61, 148, 149 820 882

1978 Mar. 27 Oct. 24

95-251 95-504

2(a)(12) "Sec. 9(a)" 45

183 1753

1980 Feb. 15 May 30 Oct. 3 Oct. 19

96-192 96-254 96-371 96-470

28 207 2 112(e)

1981 Aug. 6 Aug. 13

97-31.. 97-35..

12(8) 1194(a), 1197

94 48 413 1362 2240 154 702, 703

United States Code Section

Title 23

303

Reorganization Plans Year 1968

Plan No.

Statutes at Large Section

2 2,3

Approved January 12, 1983.

LEGISLATIVE HISTORY—H.R. 6993: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 13, considered and passed House. Dec. 19, considered and passed Senate.

Volume 82 1369

Page

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 96 STAT. 2446

PUBLIC LAW 97-450—JAN. 12, 1983

Public Law 97-450 97th Congress A n Act Jan. 12, 1983 [H.R. 5029]

To designate the Federal Building in Fresno, California, as the "B. F. Sisk Federal BuUding".

Be it enacted by the Senate and House of Representatives of the B.F. Sisk Federal United States of America in Congress assembled. That the building n^'l^'l^f-.. located at 1130 O Street, Fresno, California 93721, known as the Designation. Federal Building, shall hereafter be known and designated as the "B. F. Sisk Federal Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the "B. F. Sisk Federal Building". Approved January 12, 1983.

LEGISLATIVE HISTORY—H.R. 5029: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 17, considered and passed House. Dec. 21, considered and passed Senate.

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 PUBLIC LAW 97-451—JAN. 12, 1983

96 STAT. 2447

Public Law 97-451 97th Congress An Act To ensure that all oil and gas originated on the public lands and on the Outer C!ontinental Shelf are properly accounted for under the direction of the Secretary of the Interior, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SHORT TITLE AND TABLE OF CONTENTS

Jan. 12, 1983 rHR 51211

Federal Oil and Gas Royalty £^^^1982°*^

1. This Act may be cited as the "Federal Oil and Gas 30 USC I70i Royalty Management Act of 1982". "o^. SECTION

TABLE OF C O N T E N T S

Sec. 1. Short title and table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE I—FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT 101. Duties of the Secretary. 102. Duties of lessees, operators, and motor vehicle transporters. 103. Required recordkeeping. 104. Prompt disbursement of royalties. 105. Explanation of payments. 106. Liabilities and bonding. 107. Hearings and investigations. 108. Inspections. 109. Civil penalties. 110. Criminal penalties. 111. Royalty interest, penalties and pa}anents. 112. Ii^junction and specific enforcement authority. 113. Rewards. 114. Noncompetitive oil and gas lease royalty rates.

Sec. Sec. Sec. Sec. Sec. Sec.

TITLE II—STATES AND INDIAN TRIBES 201. Application of title. 202. Cooperative agreements. 203. Information. 204. State suits under Federal law. 205. Delegation to States. 206. Shared civil penalties.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE III—GENERAL PROVISIONS 301. Secretarial authority. 302. Reports. 303. Study of other minerals. 304. Relation to other laws. 305. Effective date. 306. Funding. 307. Statute of limitations. 308. Expanded royalty obligations. 309. Severability.

TITLE rV-REINSTATEMENT OF LEASES AND CONVERSION OF UNPATENTED OIL PLACER CLAIMS Sec. 401. Amendment of Mineral Lands Leasing Act of 1920.

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 96 STAT. 2448

PUBLIC LAW 97-451—JAN. 12, 1983 FINDINGS AND PURPOSES

30 USC 1701.

SEC. 2. (a) Congress finds that— (1) the Secretary of the Interior should enforce effectively and uniformly existing regulations under the mineral leasing laws providing for the inspection of production activities on lease sites on Federal and Indian lands; (2) the system of accounting with respect to royalties and other payments due and owing on oil and gas produced from such lease sites is archaic and inadequate; (3) it is essential that the Secretary initiate procedures to improve methods of accounting for such royalties and payments and to provide for routine inspection of activities related to the production of oil and gas on such lease sites; and (4) the Secretary should aggressively carry out his trust responsibility in the administration of Indian oil and gas. (b) It is the purpose of this Act— (1) to clarify, reaffirm, expand, and define the responsibilities and obligations of lessees, operators, and other persons involved in transportation or sale of oil and gas from the Federal and Indian lands and the Outer Continental Shelf; (2) to clarify, reaffirm, expand and define the authorities and responsibilities of the Secretary of the Interior to implement and maintain a royalty management system for oil and gas legises on Federal lands, Indian lands, and the Outer Continental Shelf; (3) to require the development of enforcement practices that ensure the prompt and proper collection and disbursement of oil and gas revenues owed to the United States and Indian lessors and those inuring to the benefit of States; (4) to fulfill the trust responsibility of the United States for the administration of Indian oil and gas resources; and (5) to effectively utilize the capabilities of the States and Indian tribes in developing and maintaining an efficient and effective Federal royalty management system. DEFINITIONS

30 USC 1702.

SEC. 3. For the purposes of this Act, the term— (1) "Federal land" means all land and interests in land owned by the United States which are subject to the mineral leasing laws, including mineral resources or mineral estates reserved to the United States in the conveyance of a surface or nonmineral estate; (2) "Indian allottee" means any Indian for whom land or an interest in land is held in trust by the United States or who holds title subject to Federal restriction against alienation; (3) "Indian lands" means any lands or interest in lands of an Indian tribe or an Indian allottee held in trust by the United States or which is subject to Federal restriction against alienation, including mineral resources and mineral estates reserved to an Indian tribe or an Indian allottee in the conveyance of a surface or nonmineral estate, except that such term does not include any lands subject to the provisions of section 3 of the Act of June 28, 1906 (34 Stat. 539); (4) "Indian tribe" means any Indian tribe, band, nation, pueblo, community, rancheria, colony, or other group of Indi-

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 PUBLIC LAW 97-451—JAN. 12, 1983

96 STAT. 2449

ans, including the Metlakatla Indian Community of Annette Island Reserve, for which any land or interest in land is held by the United States in trust or which is subject to Federal restriction against alienation; (5) "lease" means any contract, profit-share arrangement, joint venture, or other agreement issued or approved by the United States under a mineral leasing law that authorizes exploration for, extraction of, or removal of oil or gas; (6) "lease site" means any lands or submerged lands, including the surface of a severed mineral estate, on which exploration for, or extraction or removal of, oil or gas is authorized pursuant to a lease; (7) "lessee" means any person to whom the United States, an Indian tribe, or an Indian allottee, issues a lease, or any person who has been assigned an obligation to make royalty or other payments required by the lease; (8) "mineral leasing law" means any Federal law administered by the Secretary authorizing the disposition under lease of oil or gas; (9) "oil or gas" means any oil or gas originating from, or allocated to, the Outer Continental Shelf, Federal, or Indian lands; (10) "Outer Continental Shelf has the same meaning as provided in the Outer Continental Shelf Lands Act (Public Law 95-372);

(11) "operator" means any person, including a lessee, who has control of, or who manages operations on, an oil and gas lease site on Federal or Indian lands or on the Outer Continental Shelf; (12) "person" means any individual, firm, corporation, association, partnership, consortium, or joint venture; (13) "production" means those activities which take place for the removal of oil or gas, including such removal, field operations, transfer of oil or gas off the lease site, operation monitoring, maintenance, and workover drilling; (14) "royalty" means any payment based on the value or volume of production which is due to the United States or an Indian tribe or an Indian allottee on production of oil or gas from the Outer Continental Shelf, Federal, or Indian lands, or any minimum royalty owed to the United States or an Indian tribe or an Indian allottee under any provision of a lease; (15) "Secretary" means the Secretary of the Interior or his designee; and (16) "State" means the several States of the Union, the District of Columbia, Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.

43 USC 1801

"ote.

TITLE I—FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT DUTIES OF THE SECRETARY

SEC. 101. (a) The Secretary shall establish a comprehensive inspec- Comprehensive tion, collection and fiscal and production accounting and auditing accounting and system to provide the capability to accurately determine oil and gas |J USC^ITH. royalties, interest, fines, penalties, fees, deposits, and other pay-

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 96 STAT. 2450

Lease accounts, audits.

Contract authority.

Availability of Secretary's material.

PUBLIC LAW 97-451—JAN. 12, 1983

ments owed, and to collect and account for such amounts in a timely manner, (b) The Secretary shall— (1) establish procedures to ensure that authorized and properly identified representatives of the Secretary will inspect at least once annusdly 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 Act. (c)(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 si^ificant 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 the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252), 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 Act. DUTIES OP LESSEES, OPERATORS, AND MOTOR VEHICLE TRANSPORTERS

30 USC 1712.

SEC. 102. (a) A lesseeCD 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 gissignment the lessee may have made of the obligation to make any royalty or other payment under a lease or under the mineral leasing laws. (b) All 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 stand-

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 PUBLIC LAW 97-451—JAN. 12, 1983

96 STAT. 2451

ards 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 an3rwhere 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)(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. REQUIRED RECORDKEEPING

SEC. 103. (a) A lessee, operator, or other person directly involved in 30 USC 1713. developing, producing, transporting, purchasing, or selling oil or gas subject to this Act through the point of first sale or the point of royalty computation, whichever is later, shall establish and maintain any records, make any reports, and provide any information that the Secretary may, by rule, reasonably require for the purposes of implementing this Act or determining compliance with rules or orders under tms Act. Upon the request of any officer or employee Record, report or duly designated by the Secretary or any State or Indian tribe information conducting an audit or investigation pursuant to this Act, the inspection and duplication. appropriate records, reports, or information which may be required by this section shall be meide available for inspection and duplication by such officer or employee. State, or Indian tribe. (b) Records required by the Secretary with respect to oil and gas leases from Federal or Indian lands or the Outer Continental Shelf shall be maintained for 6 years after the records are generated unless the Secretary notifies the record holder that he has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the record holder of the obligation to maintain such records. PROMPT DISBURSEMENT OF ROYALTIES

SEC. 104. (a) Section 35 of the Mineral Lands Leasing Act of 1920 (approved February 25, 1920; 41 Stat. 437; 30 U.S.C. 191) is amended by deleting "as soon as practicable after March 31 and September 30 of each year" and by adding at the end thereof "Pajnnents to States under this section with respect to any moneys received by the United States, shall be made not later than the last business day of the month in which such moneys are warranted by the United States Treasury to the Secretary as having been received, except for

97-200 O—84—pt. 2

35: QL3

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 96 STAT. 2452

Indian land royalty funds, 30^SC 1714

30 USC 1714 ^°^-

PUBLIC LAW 97-451—JAN. 12, 1983

any portion of such moneys which is under challenge and placed in a suspense account pending resolution of a dispute. Such warrants shall be issued by the United States Treasury not later than 10 days after receipt of such moneys by the Treasury. Moneys placed in a suspense account which are determined to be payable to a State shall be made not later than the last business day of the month in which such dispute is resolved. Any such amount placed in a suspense account pending resolution shall bear interest until the dispute is resolved.', (b) Deposits of any royalty funds derived from the production of oil or gas from, or allocated to, Indian lands shall be made by the Secretary to the appropriate Indian account at the earliest practicable date after such funds are received by the Secretary but in no case later than the last business day of the month in which such funds are received. (c) The provisions of this section shall apply with respect to payments received by the Secretary after October 1, 1983, unless the Secretary, by rule, prescribes an earlier effective date. EXPLANATION OF PAYMENTS

30 USC 1715.

SEC. 105. (a) When any payment (including amounts due from receipt of any royalty, bonus, interest charge, fine, or rental) is made by the United States to a State with respect to any oil or gas lease on vHi:>».u 08 Federal lands or is deposited in the appropriate Indian account on behalf of an Indian tribe or Indian allottee with respect to any oil and gas lease on Indian lands, there shall be provided, together with such payment, a description of the type of payment being made, the period covered by such payment, the source of such payment, production amounts, the roysuty rate, unit value and such other information as may be agreed upon by the Secretary and the recipient wJ t T ^^ State, Indian tribe, or Indian allottee. (b) This section shall take effect with respect to payments made after October 1, 1983, unless the Secretary, by rule, prescribes an earlier effective date. LIABILITIES AND BONDING

80 USC 1716.

SEC. 106. A person (including any agent or employee of the United States and any independent contractor) authorised to collect, receive, account for, or otherwise handle any moneys payable to, or received by, the Department of the Interior which are derived from the sale, lease, or other disposal of any oil or gas shall be— (1) liable to the United States for any losses caused by any intentional or reckless action or inaction of such individual with respect to such moneys; and (2) in the case of an independent contractor, required as the Secretary deems necessary to maintain a bond commensurate with the amount of money for which such individual could be liable to the United States. HEARINGS AND INVESTIGATIONS

30 USC 1717.

SEC. 107. (a) In carrying out his duties under this Act the Secretary may conduct any investigation or other inquiry necessary and appropriate and may conduct, after notice, any hearing or audit, necessary and appropriate to carrying out his duties under this Act.

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In connection with any such hearings, inquiry, investigation, or audit, the Secretary is also authorized where reasonably necessary— (1) to require by special or general order, any person to submit Affidavits. in writing such affidavits and answers to questions as the Secretary may reasonably prescribe, which submission shall be made within such reasonable period and under oath or otherwise, as may be necessary; (2) to administer oaths; I (3) to require by subpena the attendance and testimony of Subpena I witnesses and the production of all books, papers, production I and financial records, documents, matter, and materials, as the 1 Secretary may request; (4) to order testimony to be taken by deposition before any Depositions. person who is designated by the Secretary and who has the power to administer oaths, and to compel testimony and the 1 production of evidence in the same manner as authorized under paragraph (3) of this subsection; and V (5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States, (b) In case of refusal to obey a subpena served upon any person Refusal to obey under this section, the district court of the United States for any subpena. district in which such person is found, resides, or transacts business, upon application by the Attorney General at the request of the Secretary and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secret£uy. Any failure to obey such order of the court may be punished by such court as contempt thereof and subject to a penalty ofup to $10,000 a day. INSPECTIONS

SEC. 108. (a)(1) On any lease site on Federal or Indian lands, any authorized and properly identified representative of the Secretary may stop and inspect any motor vehicle that he has probable cause to believe is carrying oil from a lease site on Federal or Indian lands or allocated to such a lease site, for the purpose of determining whether the driver of such vehicle has documentation related to such oil as required by law. (2) Any authorized and properly identified representative of the Secretary, accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, may stop and inspect any motor vehicle which is not on a lease site if he has probable cause to believe the vehicle is carrying oil from a lease site on Federal or Indian lands or allocated to such a lease site. Such inspection shall be for the purpose of determining whether the driver of such vehicle has the documentation required by law. (b) Authorized and properly identified representatives of the Secretary may without advance notice, enter upon, travel across and inspect lease sites on Federal or Indian lands and may obtain from the operator immediate access to secured facilities on such lease sites, for the purpose of making any inspection or investigation for determining whether there is compliance with the requirements of the mineral leasing laws and this Act. The Secretary shall develop guidelines setting forth the coverage and the frequency of such inspections.

30 USC 1718.

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PUBLIC LAW 97-451—JAN. 12, 1983

(c) For the purpose of making any inspection or investigation under this Act, the Secretary shall have the same right to enter upon or travel across any lease site as the lessee or operator has acquired by purchase, condemnation, or otherwise. CIVIL PENALTIES Noncompliance with requirements or inspections. 30 USC 1719.

False information. Stolen or unlawfully removed oil and gas.

SEC. 109. (a) Any person who— (1) after due notice of violation or after such violation has been reported under subparagraph (A), fails or refuses to comply with any requirements of this Act or any mineral leasing law, any rule or regulation thereunder, or the terms of any lease or permit issued thereunder; or (2) fails to permit inspection authorized in section 108 or fails to notify the Secretary of any assignment under section 102(a)(2) shall be liable for a penalty of up to $500 per violation for each day such violation continues, dating from the date of such notice or report. A penalty under this subsection may not be applied to any person who is otherwise liable for a violation of paragraph (1) if: (A) the violation was discovered and reported to the Secretary or his authorized representative by the liable person and corrected within 20 days sifter such report or such longer time as the Secretary may agree to; or (B) after the due notice of violation required in paragraph (1) has been given to such person by the Secretary or his authorized representative, such person has corrected the violation within 20 days of such notification or such longer time as the Secretary may agree to. (b) If corrective action is not taken within 40 days or a longer period as the Secretary may agree to, after due notice or the report referred to in subsection (a)(1), such person shall be liable for a civil penalty of not more than $5,000 per violation for each day such violation continues, dating from the date of such notice or report. (c) Any person who— (1) knowingly or willfully fails to make any royalty pa3niient by the date as specified by statute, regulation, order or terms of the lease; (2) fails or refuses to permit lawful entry, inspection, or audit; or (3) knowingly or willfully fails or refuses to comply with subsection 102(b)(3), shall be liable for a peneilty of up to $10,000 per violation for each day such violation continues. (d) Any person who— (1) knowingly or willfully prepares, maintains, or submits false, inaccurate, or misleading reports, notices, affidavits, records, data, or other written information; (2) knowingly or willfully takes or removes, transports, uses or diverts any oil or gas from any lease site without having valid legal authority to do so; or (3) purchases, accepts, sells, transports, or conveys to another, any oil or gas knowing or having reason to know that such oil or gas was stolen or unlawfully removed or diverted, shall be liable for a penalty of up to $25,000 per violation for each day such violation continues.

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(e) No penalty under this section shall be assessed until the person Hearing. charged with a violation has been given the opportunity for a hearing on the record. (f) The amount of any penalty under this section, as finally determined may be deducted from any sums owing by the United States to the person charged. (g) On a case-by-case basis the Secretary may compromise or reduce civil penalties under this section. (h) Notice under this subsection (a) shall be by personal service by an authorized representative of the Secretary or by registered mail. Any person may, in the manner prescribed by the Secretary, designate a representative to receive any notice under this subsection. (i) In determining the amount of such penalty, or whether it should be remitted or reduced, and in what amount, the Secretary shall state on the record the reasons for his determinations. (j) Any person who has requested a hearing in accordance with Review of subsection (e) within the time the Secretary has prescribed for such administrative a hearing and who is aggrieved by a final order of the Secretary record. under this section may seek review of such order in the United States district court for the judicial district in which the violation allegedly took place. Review by the district court shall be only on the administrative record and not de novo. Such an action shall be barred unless filed within 90 days after the Secretary's final order, (k) If any person fails to pay an assessment of a civil penalty Failure to pay assessments. under this Act— (1) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with subsection (j), or (2) after a court in an action brought under subsection (j) has entered a final judgment in favor of the Secretary, the court shall have jurisdiction to award the amount assessed plus interest from the date of the expiration of the 90-day period referred to in subsection (j). Judgment by the court shall include an order to pay. (1) No person shall be liable for a civil penalty under subsection (a) or (b) for failure to pay any rentel for any lease automatically terminated pursuant to section 31 of the Mineral Leasing Act of 1920. 30 USC 188. CRIMINAL PENALTIES

SEC. 110. Any person who commits an act for which a civil penalty is provided in section 109(d) shall, upon conviction, be punished by a fine of not more than $50,000, or by imprisonment for not more than 2 years, or both.

30 USC 1720.

ROYALTY INTEREST, PENALTIES AND PAYMENTS

SEC. H I. (a) In the case of oil and gas leases where royalty 30 USC 1721. payments are not received by the Secretary on the date that such payments are due, or are less than the amount due, the Secretary shall charge interest on such late payments or underpayments at the rate applicable under section 6621 of the Internal Revenue Code of 1954. In the case of an underpayment or partial payment, interest 26 USC 6621. shall be computed and charged only on the amount of the deficiency and not on the total amount due.

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26 USC 6621. Interest deposit to Indian account.

Indian royalty funds, late deposit. 26 USC 6621.

15 USC 751 note.

\i^'i

30 USC 191.

PUBLIC LAW 97-451—JAN. 12, 1983

(b) Any payment made by the Secretary to a State under section 35 of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 191) and any other payment made by the Secretary to a State from any oil or gas royalty received by the Secretary which is not paid on the date required under section 35 shall include an interest charge computed at the rate applicable under section 6621 of the Internal Revenue Code of 1954. (c) All interest charges collected under this Act or under other applicable laws because of nonpayment, late payment or underpayment of royalties due and owing an Indian tribe or an Indian allottee shall be deposited to the same account as the royalty with respect to which such interest is paid. (d) Any deposit of royalty funds made by the Secretary to an Indian account which is not made by the date required under subsection 104(b) shall include an interest charge computed at the rate applicable under section 6621 of the Internal Revenue Code of 1954. (e) Notwithstanding any other provision of law, no State will be assessed for any interest or penalties found to be due against the Secretary for failure to comply with the Emergency Petroleum Allocation Act of 1973 or regulation of the Secretary of Energy thereunder concerning crude oil certification or pricing with respect to crude oil taken by the Secretary in kind as royalty. Any State share of an overcharge, resulting from such failure to comply, shall be assessed against moneys found to be due and owing to such State as a result of audits of royalty accounts for transactions which took place prior to the date of the enactment of this Act except that if after the completion of such audits, sufficient moneys have not been found due and owing to any State, the State shall be assessed the balance of that States share of the overcharge. (f) Interest shall be charged under this section only for the number of days a payment is late. (g) The first sentence of section 35 of the Act of February 25, 1920 is amended by inserting "including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982" between "royalties" and "and". INJUNCTION AND SPECIFIC ENFORCEMENT AUTHORITY

eivil action by Attorney Generjil. 30 USC 1722.

.mi o«

SEC. 112. (a) In addition to any other remedy under this Act or any mineral leasing law, the Attorney General of the United States or his designee may bring a civil action in a district court of the United States, which shall have jurisdiction over such actions— (1) to restrain any violation of this Act; or (2) to compel the taking of any action required by or under this Act or any mineral leasing law of the United States. (b) A civil action described in subsection (a) may be brought only in the United States district court for the judicial district wherein the act, omission, or transaction constituting a violation under this Act or any other mineral leasing law occurred, or wherein the defendant is found or transacts business. REWARDS

30 USC 1723.

SEC. 113. Where amounts representing royalty or other payments owed to the United States with respect to any oil and gas lease on Federal lands or the Outer Continental Shelf are recovered pursu-

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ant to any action taken by the Secretary under this Act as a result of information provided to the Secretary by any person, the Secretary is authorized to pay to such person an amount equal to not more than 10 percent of such recovered amounts. The preceding sentence shall not apply to information provided by an officer or employee of the United States, an officer or employee of a State or Indian tribe acting pursuant to a cooperative agreement or delegation under this Act, or any person acting pursuant to a contract authorized by this Act. NONCOMPETITIVE OIL AND GAS LEASE ROYALTY RATES

SEC. 114. The Secretary is directed to conduct a thorough study of the effects of a change in the royalty rate under section 17(c) of the Mineral Leasing Act of 1920 on: (a) the exploration, development, or production of oil or gas; and (b) the overall revenues generated by such change. Such study shall be completed and submitted to Congress within six months after the date of enactment of this Act.

Study. 30 USC 226. Submittal to Congress.

TITLE II—STATES AND INDIAN TRIBES »•*'

APPLICATION OF TITLE

SEC. 201. This title shall apply only with respect to oil and gas leases on Federal lands or Indian lands. Nothing in this title shall be construed to apply to any lease on the Outer Continental Shelf

30 USC 1731.

COOPERATIVE AGREEMENTS

SEC. 202. (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 Act in cooperation with the Secretary, and to carry out any other activity described in section 108 of this Act. 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 203, 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) Any cooperative agreement entered into pursuant to this section shall be in accordance with the provisions of the Federal Grant and Cooperative Agreement Act of 1977, and shall contain such

30 USC 1732.

^ '[ '

Information availability. Effective date.

41 USC 501 note.

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terms and conditions as the Secretary deems appropriate and consistent with the purposes of this Act, 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. INFORMATION Trade secrets and proprietary and confidential information, availability.

30 USC 1733.

Liability for wrongful disclosure.

SEC. 203. (a) Trade secrets, proprietary and other confidential information shall be made available by the Secretary, pursuant to a cooperative agreement, to a State or Indian tribe upon request only if— (1) such State or Indian tribe consents in writing to restrict ' ' the dissemination of the information to those who are directly involved in an audit or investigation under this Act and who have a need to know; (2) such State or tribe accepts liability for wrongful disclosure; (3) in the case of a State, such State demonstrates that such information is essential to the conduct of an audit or investigation or to litigation under section 204; and (4) in the case of an Indian tribe, such tribe demonstrates that such information is essential to the conduct of an audit or investigation and waives sovereign immunity by express consent for wrongful disclosure by such tribe. (b) The United States shall not be liable for the wrongful disclosure by any individual, State, or Indian tribe of any information provided to such individual. State, or Indian tribe pursuant to any cooperative agreement or a delegation, authorized by this Act. (c) Whenever any individual, State, or Indian tribe has obtained possession of information pursuant to a cooperative agreement authorized by this section, or any individual or State has obtained possession of information pursuant to a delegation under section 205, the individual shall be subject to the same provisions of law with respect to the disclosure of such information as would apply to an officer or employee of the United States or of any department or agency thereof and the State or Indian tribe shall be subject to the same provisions of law with respect to the disclosure of such information as would apply to the United States or any department or agency thereof. No State or State officer or employee who receives trade secrets, proprietary information, or other confidential information under this Act may be required to disclose such information under State law. ?. STATE SUITS UNDER FEDERAL LAW

30 USC 1734.

n

^ n '. ^ >

SEC. 204. (a)(1) A State may commence a civil action under this section against any person to recover any royalty, interest, or civil penalty which the State believes is due, based upon credible evidence, with respect to any oil and gas lease on Federal lands located within the State. (2)(A) No action may be commenced under paragraph (1) prior to 90 days after the State has given notice in writing to the Secretary of the payment required. Such 90-day limitation may be waived by the Secretary on a case-by-case basis. (B) If, within the 90-day period specified in subparagraph (A), the Secretary issues a demand for the payment concerned, no action may be commenced under paragraph (1) with respect to such payment during a 45-day period after issuance of such demand. If,

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during such 45-day period, the Secretary receives payment in full, no action may be commenced under paragraph (1). (C) If the Secretary refers the case to the Attorney General of the United States within the 45-day period referred to in subparagraph (B) or within 10 business days siter the expiration of such 45-day period, no action may be commenced under paragraph (1) if the Attorney General, within 45 days after the date of such referral, commences, and thereafter diligently prosecutes, a civil action in a court of the United States with respect to the payment concerned. (3) The State shall notify the Secretary and the Attorney General of the United States of any suit filed by the State under this section. (4) A court in issuing any final order in any action brought under paragraph (1) may award costs of litigation including reasonable attorney and expert witness fees, to any party in such action if the court determines such an award is appropriate. (b) An action brought under subsection (a) of this section may be brought only in a United States district court for the judicial district in which the lease site or the leasing activity complained of is located. Such district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to require compliance or order payment in any such action. (c)(1) Notwithstanding any other provision of law, any civil penalty recovered by a State under subsection (a) shall be retained by the State and may be expended in such manner and for such purposes as the State deems appropriate. (2) Any rent, royalty, or interest recovered by a State under subsection (a) shall be deposited in the Treasury of the United States in the same manner, and subject to the same requirements, as are applicable in the case of any rent, royalty, or interest collected by an officer or employee of the United States, except that such amounts shall be deposited in the Treasury not later than 10 days after receipt by the State.

Notification of Secretary and Attorney General.

DELEGATION TO STATES

SEC. 205. (a) Upon written request of any State, the Secretary is authorized to delegate, in accordance with the provisions of this section, all or part of the authorities and responsibilities of the Secretary under this Act to conduct inspections, audits, and investigations to any State with respect to all Federal lands or Indian lands within the State; except that the Secretary may not undertake such a delegation with respect to any Indian lands, except with the permission of the Indian tribe allottee involved. (b) After notice and opportunity for a hearing, the Secretary is authorized to delegate such authorities and responsibilities granted under this section as the State has requested, if the Secretary finds that— (1) it is likely that the State will provide adequate resources to achieve the purposes of this Act; (2) the State has demonstrated that it will effectively and faithfully administer the rules and regulations of the Secretary under this Act in accordance with the requirements of subsections (c) and (d) of this section; and (3) such delegation will not create an unreasonable burden on any lessee, with respect to the Federal lands and Indian lands within the State.

30 USC 1735.

Hearing.

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Standards.

Hearing.

PUBLIC LAW 97-451—JAN. 12, 1983

(c) The Secretary shall promulgate regulations which define those functions, if any, which must be carried out jointly in order to avoid duplication of effort, and any delegation to any State must be made in accordance with those requirements. (d) The Secretary shall by rule promulgate standards and regulations, pertaining to the authorities and responsibilities under subsection (a), including standards and regulations pertaining to: (1) audits performed; (2) records and accounts to be maintained; and (3) reporting procedures to be required by States under this section. Such standards and regulations shall be designed to provide reasonable assurance that a uniform and effective royalty management system will prevail among the States. The records and accounts under paragraph (2) shall be sufficient to allow the Secretary to monitor the performance of any State under this section. (e) If, after notice and opportunity for a hearing, the Secretary finds that any State to which any authority or responsibility of the Secretary has been delegated under this section is in violation of any requirement of this section or any rule thereunder, or that an affirmative finding by the Secretary under subsection (b) can no longer be made, the Secretary may revoke such delegation. (0 The Secretary shall compensate any State for those costs which may be necessary to carry out the delegated activities under this section. Payment shall be made no less than every quarter during the fiscal year. SHARED CIVIL PENALTIES

30 USC 1736.

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~r»?^iJ Qt)

SEC. 206. An amount equal to 50 per centum of any civil penalty collected by the Federal Government under this Act resulting from activities conducted by a State or Indian tribe pursuant to a cooperative agreement under section 202 or a State under a delegation under section 205, shall be payable to such State or tribe. Such amount shall be deducted from any compensation due such State or Indian tribe under section 202 or such State under section 205. TITLE III—GENERAL PROVISIONS SECRETARIAL AUTHORITY

Regulations. 30 USC 1751.

Contracts.

SEC. 301. (a) The Secretary shall prescribe such rules and regulations as he deems reasonably necessary to carry out this Act. OJ) Rules and regulations issued to implement this Act shall be issued in conformity with section 553 of title 5 of the United States Code, notwithstanding section 553(a)(2) of that title. (c) In addition to entering into cooperative agreements or delegation of authority authorized under this Act, the Secretary may contract with such non-Federal Government inspectors, auditors, and other persons as he deems necessary to aid in carrying out his functions under this Act and its implementation. With respect to his auditing and enforcement functions under this Act, the Secretary shall coordinate such functions so as to avoid to the maximum extent practicable, subjecting lessees, operators, or other persons to audits or investigations of the same subject matter by more than one auditing or investigating entity at the same time.

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REPORTS

SEC. 302. (a) The Secretary shall submit to the Congress an annual report on the implementation of this Act. The information to be included in the report and the format of the report shall be developed by the Secretary after consulting with the Committees on Interior and Insular Affairs of the House of Representatives and on Energy and Natural Resources of the Senate. The Secretary shall also report on the progress of the Department in reconciling account balances. (b) Commencing with fiscal year 1984, the Inspector General of the Department of the Interior shall conduct a biennial audit of the Federal royalty management system. The Inspector General shall submit the results of such audit to the Secretary and to the Congress.

Submittal to Congress. 30 USC 1752.

Biennial audit, submittal to Secretary and Congress.

STUDY OF OTHER MINERALS

SEC. 303. (a) The Secretary shall study the question of the adequacy of royalty management for coal, uranium and other energy and nonenergy minerals on Federal and Indian lands. The study shall include proposed legislation if the Secretary determines that such legislation is necessary to ensure prompt and proper collection of revenues owed to the United States, the States and Indian tribes or Indian allottees from the sale, lease or other disposal of such minerals. (b) The study required by subsection (a) of this section shall be submitted to Congress not later than one year from the date of the enactment of this Act.

30 USC 1752 note.

Submittal to Congress.

RELATION TO OTHER LAWS

SEC. 304. (a) The penalties and authorities provided in this Act are supplemental to, and not in derogation of, any penalties or authorities contained in any other provision of law. (b) Nothing in this Act shall be construed to reduce the responsibilities of the Secretary to ensure prompt and proper collection of revenues from coal, uranium and other energy and nonenergy minerals on Federal and Indian lands, or to restrain the Secretary from entering into cooperative agreements or other appropriate arrangements with States and Indian tribes to share royalty management responsibilities and activities for such minerals under existing authorities. (c) Except as expressly provided in subsection 302(b), nothing in this Act shall be construed to enlarge, diminish, or otherwise affect the authority or responsibility of the Inspector General of the Department of the Interior or of the Comptroller General of the United States. (d) No provision of this Act impairs or affects lands and interests in land entrusted to the Tennessee Valley Authority.

30 USC 1753.

>S'S'

EFFECTIVE DATE

SEC. 305. The provisions of this Act shall apply to oil and gas leases issued before, on, or after the date of the enactment of this Act, except that in the case of a lease issued before such date, no

30 USC 1701 note.

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provision of this Act or any rule or regulation prescribed under this Act shall alter the express and specific provisions of such a lease. FUNDING

30 USC 1754.

J

SEC. 306. Effective October 1, 1983, there are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, including such sums as may be necessary for the cooperative agreements, contracts, and delegations authorized by this Act: Provided, That nothing in this Act shall be construed to affect or impair any authority to enter into contracts or make payments under any other provision of law. STATUTE OF LIMITATIONS

30 USC 1755.

SEC. 307. Except in the case of fraud, any action to recover penalties under this Act shall be barred unless the action is commenced within 6 years after the date of the act or omission which is the basis for the action. EXPANDED ROYALTY OBLIGATIONS

30 USC 1756.

SEC. 308. Any lessee is liable for royalty payments on oil or gas lost or wasted from a lease site when such loss or waste is due to negligence on the part of the operator of the lease, or due to the failure to comply with any rule or regulation, order or citation issued under this Act or any mineral leasing law. SEVERABILITY

30 USC 1757.

SEC. 309. If any provision of this Act or the applicability thereof to any person or circumstances is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be Eiffected thereby. TITLE IV—REINSTATEMENT OF LEASES AND CONVERSION OF UNPATENTED OIL PLACER CLAIMS AMENDMENT OF MINERAL LANDS LEASING ACT OF 1920

30 USC 226.

'M'

SEC. 401. Section 31 of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188) is amended by redesignating subsection (d) as subsection (j) and by inserting after subsection (c) the following new subsections: "(d)(1) Where any oil and gas lease issued pursuant to section 17(b) or section 17(c) of this Act or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), has been, or is hereafter, terminated automatically by operation of law under this section for failure to pay on or before the anniversary date the full amount of the rental due, and such rental is not paid or tendered within twenty days thereafter, and it is shown to the satisfaction of the Secretary of the Interior that such failure was justifiable or not due to lack of reasonable diligence on the part of the lessee, or, no matter when the rental is paid after termination, it is shown to the satisfaction of the Secretary that such failure was inadvertent, the Secretary may reinstate the lease as of the date of termination for the unexpired portion of the primary term of the original lease or any extension thereof remaining at the date of termination, and so long thereafter

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 PUBLIC LAW 97-451—JAN. 12, 1983

96 STAT. 2463

as oil or gas is produced in paying quantities. In any case where a lease is reinstated under this subsection and the Secretary finds that the reinstatement of such lease (A) occurs after the expiration of the primary term or any extension thereof, or (B) will not afford the lessee a reasonable opportunity to continue operations under the lease, the Secretary may, at his discretion, extend the term of such lease for such period as he deems reasonable, but in no event for more than two years from the date the Secretary authorizes the reinstatement and so long thereafter as oil or gas is produced in paving quantities. (2) No lease shall be reinstated under paragraph (1) of this subsection unless— "(A) with respect to any lease that terminated under subsection (b) of this section prior to enactment of the Federal Oil and Gas Rovalty Management Act of 1982: ^"te> P- 2447. (i) the lessee tendered rental prior to enactment of such s Act and the final determination that the lease terminated was made by the Secretary or a court less than three years before enactment of such Act, and "(id a petition for reinstatement together with the required back rental and royalty accruing from the date of termination, is filed with the Secretary on or before the one hundred and twentieth day after enactment of such Act, or "(B) with respect to any lease that terminated under subsection (b) of this section on or after enactment of the Federal Oil and Gas Royalty Management Act of 1982, a petition for reinstatement together with the required back rental and royalty accruing from the date of termination is filed on or before the earlier of— "(i) sixty days after the lessee receives from the Secretary notice of termination, whether by return of check or by any other form of actual notice, or "(ii) fifteen months after termination of the lease. "(e) Any reinstatement under subsection (d) of this section shall be Reinstatement made only if these conditions are met: conditions. "(1) no valid lease, whether still in existence or not, shall have been issued affecting any of the lands covered by the terminated lease prior to the filing of such petition: Provided, however, That after receipt of a petition for reinstatement, the Secretary shall not issue any new lease affecting any of the lands covered by ,,, such terminated lease for a reasonable period, as determined in " accordance with regulations issued by him; "(2) payment of back rentals and either the inclusion in a reinstated lease issued pursuant to the provisions of section 17(b) of this Act of a requirement for future rentals at a rate of 30 USC 226. not less than $10 per acre per year, or the inclusion in a reinstated lease issued pursuant to the provisions of section 17(c) of this Act of a requirement that future rentals shall be at a rate not less than $5 per acre per year, all as determined by the Secretary; "(3)(A) payment of back royalties and the inclusion in a u reinstated lease issued pursuant to the provisions of section 17(b) of this Act of a requirement for future royalties at a rate of not less than 16% percent computed on a sliding scale based upon the average production per well per day, at a rate which shall be not less than 4 percentage points greater than the competitive royality schedule then in force and used for royalty

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1102

 96 STAT. 2464

PUBLIC LAW 97-451—JAN. 12, 1983

determination for competitive leases issued pursuant to such section as determined by the Secretary: Provided, That royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the termination of the original lease; "(B) payment of back royalties and inclusion in a reinstated lease issued pursuant to the provisions of section 17(c) of this Act of a requirement for future royalties at a rate not less than 30 USC 226. 16% percent: Provided, That royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the cancellation or termination of the original lease; and Notice, "(4) notice of the proposed reinstatement of a terminated publication in lease, including the terms and conditions of reinstatement, shall Federal be published in the Federal Register at least thirty days in Register. advance of the reinstatement. Copy, submittal A copy of said notice, together with information concerning rental, to congressional royalty, volume of production, if any, and any other matter which committees. the Secretary deemed significsint in making this determination to reinstate, shall be furnished to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate at least thirty days in advance of the reinstatement. The lessee of a reinstated lease shall reimburse the Secretary for the administrative costs of reinstating the lease, but not to exceed $500. In addition the lessee shall Cost of publication in reimburse the Secretary for the cost of publication in the Federal Federal Register of the notice of proposed reinstatement. Register. "(f) Where an unpatented oil placer mining claim validly located prior to February 24, 1920, which has been or is currently producing or is capable of producing oil or gas, has been or is hereafter deemed conclusively abandoned for failure to file timely the required instruments or copies of instruments required by section 314 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744), and it is shown to the satisfaction of the Secretary that such failure was inadvertent, justifiable, or not due to lack of reasonable diligence on the pait of the owner, the Secretary may issue, for the lands covered by the abandoned unpatented oil placer mining claim, a noncompetitive oil and gas lease, consistent with the provisions of section 17(e) of this Act, to be effective from the statutory date the 30 USC 226. claim was deemed conclusively abandoned. Issuance of such a lease shall be conditioned upon: "(1) a petition for issuance of a noncompetitive oil and gas lease, together with the required rental and royalty, including back rental and royalty accruing from the statutory date of abandonment of the oil placer mining claim, being filed with the Secretary— "(A) with respect to any claim deemed conclusively abandoned on or before the date of enactment of the Federal Oil Ante, p. 2447. , and Gas Royalty Management Act of 1982, on or before the one hundred and twentieth day after such date of enactment, or "(B) with respect to any claim deemed conclusively abandoned after such date of enactment, on or before the one hundred and twentieth day after final notification by the Secretary or a court of competent jurisdiction of the deter-

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1103

 PUBLIC LAW 97-451—JAN. 12, 1983

96 STAT. 2465

mination of the abandonment of the oil placer mining claim; "(2) a valid lease not having been issued affecting any of the lands covered by the abandoned oil placer mining claim prior to the filing of such petition: Provided, however. That after the filing of a petition for issuance of a lease under this subsection, the Secretary shall not issue any new lease affecting any of the lands covered by such abandoned oil placer mining claim for a reasonable period, as determined in accordance with regulations issued by him; "(3) a requirement in the lease for payment of rental, including back rentals accruing from the statutory date of abandonment of the oil placer mining claim, of not less than $5 per acre per year; "(4) a requirement in the lease for payment of royalty on production removed or sold from the oil placer mining claim, including all royalty on production made subsequent to the statutory date the claim was deemed conclusively abandoned, of not less than 12 y2 percent; and "(5) compliance with the notice and reimbursement of costs provisions of paragraph (4) of subsection (e) but addressed to the petition covering the conversion of an abandoned unpatented oil placer mining claim to a noncompetitive oil and gas lease. "(g)(1) Except as otherwise provided in this section, a reinstated lease shall be treated as a competitive or a noncompetitive oil and gas lease in the same manner as the original lease issued pursuant to section 17(b) or 17(c) of this Act. 30 USC 226. "(2) Except as otherwise provided in this section, the issuance of a lease in lieu of an abandoned patented oil placer mining claim shall be treated as a noncompetitive oil and gas lease issued pursuant to section 17(c) of this Act. "(h) The minimum royalty provisions of section 17(j) and the provisions of section 39 of this Act shall be applicable to leases 30 USC 209. issued pursuant to subsections (d) and (f) of this section. "(i)(l) In acting on a petition to issue a noncompetitive oil and gas lease, under subsection (f) of this section or in response to a request filed after issuance of such a lease, or both, the Secretary is authorized to reduce the royalty on such lease if in his judgment it is equitable to do so or the circumstances warrant such relief due to uneconomic or other circumstances which could cause undue hardship or premature termination of production. "(2) In acting on a petition for reinstatement pursuant to subsection (d) of this section or in response to a request filed after reinstatement, or both, the Secretary is authorized to reduce the royalty in that reinstated lease on the entire leasehold or any tract or portion thereof segregated for royalty purposes if, in his judg-

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1104

 96 STAT. 2466

PUBLIC LAW 97-451—JAN. 12, 1983

ment, there are uneconomic or other circumstances which could cause undue hardship or premature termination of production; or because of any written action of the United States, its agents or employees, wWch preceded, and was a major consideration in, the lessee's expenditure of funds to develop the property under the lease after the rent had become due and had not been paid; or if in the judgment of the Secretary it is equitable to do so for any reason.". Approved January 12, 1983.

LEGISLATIVE HISTORY—H.R. 5121 (S. 2305): HOUSE REPORT No. 97-859 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-512 accompanying 8. 2305 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Dec. 6, considered and passed Senate, amended, in lieu of S. 2305. Dec. 13, House concurred in Senate amendments with an amendment. Dec. 16, Senate concurred in House amendment with an amendment. Dec. 18, House concurred in Senate amendment with an amendment. Dec. 21, Senate dissigreed to House amendment; House receded from its amendment and concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983): Jan. 12, Presidential statement.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1105

 PUBLIC LAW 97-452—JAN. 12, 1983 Public Law 97-452 97th Congress

96 STAT. 2467

An Act

To codify without substantive change recent laws related to money and finance and to improve the United States Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, AMENDMENTS TO TITLE 31

Jan. 12, 1983 [H.R. 7378] Money and finance. United States Code, amendments.

1. Title 31, United States Code, is amended as follows: (1)(A) Chapter 5 is amended by inserting the following after section 503:

SECTION

"§ 504. Office of Federal Procurement Policy "The Office of Federal Procurement Policy, established under section 5(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 404(a)), is an office in the Office of Management and Budget.". (B) The analysis of chapter 5 is amended by inserting the following immediately below item 503:

31 USC 504.

"504. Office of Federal Procurement Policy.".

(2) Section 1105(a) is amended by adding at the end the following: "(25) a separate statement, for each agency having an Office of Inspector General, of the amount of the appropriation requested for the Office.". (3) Section 1113(a) is amended by— (A) inserting "(1)" after "(a)"; and (B) adding at the end the following: "(2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee.". (4) Section 1305(6) is amended to read as follows: "(6) to pay the interest on the fund derived from the bequest of James Smithson, for the construction of buildings and expenses of the Smithsonian Institution, at the rates determined under section 5590 of the Revised Statutes (20 U.S.C. 54).". (5) Section 3102(a) is amended by striking out "$70,000,000,000" and substituting "$110,000,000,000". (6) Section 3105(b) is amended to read as follows: "(b)(ly With the approval of the President and except as provided in paragraph (2) of this subsection, the Secretary may— "(A) fix the investment yield for savings bonds; and "(B) change the investment yield on an outstanding savings bond, except that the yield on a bond for the period held may not be decreased below the minimum yield for the period guaranteed on the date of issue.

Ante, p. 908.

Ante, p. 914.

Ante, p. 918.

Ante, p. 938. Ante, p. 940. Savings bonds.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1106

 96 STAT. 2468

Regulations.

Ante, p. 940.

Ante, p. 944. "Registrationrequired obligation."

_Me.q M^t

J / C.'I.,&WA

Regulations. Ante, p. 948. Post, p. 2473. Ante, p. 955.

Ante, p. 959.

PUBLIC LAW 97-452—JAN. 12, 1983

"(2) The investment yield on a series E savings bond shall be at legist 4 percent a year compounded semiannually beginning on the first day of the month beginning after the date of issue of the bond and ending on the last day of the month before the date of redemption. "(3) With the approval of the President, the Secretary may prescribe regulations providing that— "(A) owners of series E and H savings bonds may keep the bonds after maturity or after a period beyond maturity during which the bonds have earned interest and continue to earn interest at rates consistent with paragraph (1) of this subsection; and "(B) series E and H savings bonds earning a different rate of interest before the regulations are prescribed shall earn a rate of interest consistent with paragraph (1).". (7) Section 3105(c)(5) is amended by striking out "(expressed in terms of the maturity value)". (8) Section 3106(b) is amended by striking out the first sentence. (9) Section 3121 is amended by adding at the end the following: "(g)(1) In this subsection, 'registration-required obligation' means an obligation except an obligation— "(B) having a maturity (at issue) of not more than one year; or "(C) described in paragraph (2) of this subsection, "(2) An obligation is not a registration-required obligation if^ "(A) there are arrangements reasonably designed to ensure that the obligation will be sold (or resold in connection with the original issue) only to a person that is not a United States person; and "(B) for an obligation not in registered form— "(i) interest on the obligation is payable only tmtside the United States and its territories and possessions; and "(ii) a statement is on the face of the obligation that a United States person holding the obligation is subject to limitations under the United States income tax laws. "(3) Every registration-required obligation of the Government shall be in registered form. A book entry obligation is deemed to be in registered form if the right to principal and stated interest on the obligation may be transferred only through a book entry consistent with regulations of the Secretary. "(4) The Secretary shall prescribe regulations necessary to carry out this subsection when there is a nominee.". (10) Section 3302(b) is amended by striking out "An" and substituting "Except as provided in section 3718(b) of this title, an". (11) Section 3331 is amended by adding at the end the following: "(f) Under conditions the Secretary may prescribe, the Secretary may delegate duties and powers of the Secretary under this section to the head of an agency. Consistent with a delegation from the Secretary under this subsection, the head of an agency may delegate those duties and powers to an officer or employee of the agency.". (12) Section 3512 is amended by redesignating subsections (b)(d) as subsections (d)-(f), respectively, and by inserting the following immediately below subsection (a):
 * (A) not of a type offered to the public;

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1107

 PUBLIC LAW 97-452—JAN. 12, 1983

96 STAT. 2469

"(b)(1) To ensure compliance with subsection (a)(3) of this section and consistent with standards the Comptroller General prescribes, the head of each executive agency shall establish internal accounting and administrative controls that reasonably ensure that— "(A) obligations and costs comply with applicable law; "(B) all assets are safeguarded against waste, loss, unauthorized use, and misappropriation; and "(C) revenues and expenditures applicable to agency operations are recorded and accounted for properly so that accounts and reliable financial and statistical reports may be prepared and accountability of the assets may be maintained. "(2) Standards the Comptroller General prescribes under this subsection shall include standards to ensure the prompt resolution of all audit findings. "(c)(1) In consultation with the Comptroller General, the Director of the Office of Management and Budget— "(A) shall establish by December 31, 1982, guidelines that the head of each executive agency shall follow in evaluating the internal accounting and administrative control systems of the agency to decide whether the systems comply with subsection (b) of this section; and "(B) may change a guideline when considered necessary. "(2) By December 31 of each year (beginning in 1983), the head of each executive agency, based on an evaluation conducted according to guidelines prescribed under paragraph (1) of this subsection, shall prepare a statement on whether the systems of the agency comply with subsection (b) of this section, including— "(A) if the head of an executive agency decides the systems do not comply with subsection (b) of this section, a report identifying any material weakness in the systems and describing the plans and schedule for correcting the weakness; and "(B) a separate report on whether the accounting system of the agency conforms to the principles, standards, and requirements the Comptroller General prescribes under section 3511(a) of this title. "(3) The head of each executive agency shall sign the statement and reports required by this subsection and submit them to the President and Congress. The statement and reports are available to the public, except that information shall be deleted from a statement or report before it is made available if the information specifically is— "(A) prohibited from disclosure by law; or "(B) required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs.". (13)(A) Section 3701 is amended to read as follows: "§ 3701. Dennitions and application ,il>' "(a) In this chapter— "(1) 'administrative offset' means withholding money payable by the United States Government to, or held by the Government for, a person to satisfy a debt the person owes the Government. "(2) 'calendar quarter' means a 3-month period beginning on January 1, April 1, July 1, or October 1. "(3) 'consumer reporting agency' means—

Guidelines.

Ante, p. 959. Statement and reports submittal to President and Congress. Public availability.

31 USC 3701.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1108

 96 STAT. 2470

Ante, p. 971.

Post, pp. 2471, 2472. Infra; post, pp. 2471-2473.

PUBLIC LAW 97-452—JAN. 12, 1983

"(A) a consumer reporting agency as that term is defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C 1681a(f));or "(B) a person that, for money or on a cooperative basis, regularly— "(i) gets information on consumers to give the information to a consumer reporting agency; or "(ii) serves as a marketing agent under an arrangement allowing a third party to get the information • _ from a consumer reporting agency. "(4) 'executive or legislative agency' means a department, agency, or instrumentality in the executive or legislative branch of the Government. "(5) 'military department' means the Departments of the Army, Navy, and Air Force. "(6) 'system of records' has the same meaning given that term in section 552a(a)(5) of title 5. "(7) 'uniformed services' means the Army, Navy, Air Force, Marine Corps, Coast Guard, Commissioned Corps of the National Oceanic and Atmospheric Administration, and Commissioned Corps of the Public Health Service. "(b) In subchapter II of this chapter, 'claim' includes amounts owing on account of loans insured or guaranteed by the Government and other amounts due the Government. "(c) In sections 3716 and 3717 of this title, 'person' does not include an agency of the United States Government, of a State government, or of a unit of general local government. "(d) Sections 3711(f) and 3716-3719 of this title do not apply to a claim or debt under, or to an amount payable under, the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.), the Social Security Act (42 U.S.C. 301 et seq.), or the tariff laws of the United States.". (B) Item 3701 in the analysis of chapter 37 is amended to read as follows: "3701. Definitions and application.".
 * f

Ante, p. 970. Ante, p. 971. Clfdms, collection. Information disclosure.

(14) Section 3702(b)(2) is amended by inserting "this" before "subsection". (15) Section 3711 is amended by adding at the end the following: "(f)(1) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.), the head of an executive or legislative agency may disclose to a consumer reporting agency information from a system of records that an individual is responsible for a claim if— "(A) notice required by section 552a(e)(4) of title 5 indicates that information in the system may be disclosed to a consumer reporting agency; "(B) the head of the agency has reviewed the claim and decided that the claim is valid and overdue; "(C) the head of the agency has notified the individual in writing— "(i) that payment of the claim is overdue; jn; "(ii) ^jjg^t^ within not less than 60 days after sending the notice, the head of the agency intends to disclose to a w 2 consumer reporting agency that the individual is responsible for the claim;

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1109

 PUBLIC LAW 97-462-nJAN. 12, 1983

96 STAT. 2471

"(iii) of the specific information to be disclosed to the consumer reporting agency; and "(iv) of the righte the individual has to a complete explanation of the claim, to dispute information in the records of the agency about the claim, and to administrative repeal or review of the claim; "(D) the individual has not— "(i) repaid or agreed to repay the claim under a written repayment plan that the individual has signed and the head of the agency has agreed to; or "(ii) filed for review of the claim under paragraph (2) of this subsection; "(E) the head of the agency has established procedures to— "(i) disclose promptly, to each consumer reporting agency to which the origmal disclosure was made, a substmitial change in the condition or amount of the claim; -. "(ii) verify or correct promptly information about the claim on requ^ of a consumer reporting agency for verification of information disclosed; and "(iii) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States relate to providing consumer credit information; and "(F) the information disclosed to the consumer reporting agency is limited to— "(i) information necessary to establish the identity of the individual, including name, address, and taxpayer identification number; "(ii) the amount, status, and history of the claim; and "(iii) the agency or pn^am under which the claim arose. "(2) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection and at other times allowed by law, the head of an executive or l^^lative agency shall provide, on request of an individual allied by the agency to be responsible for the claim, for a review of the obligation of the individual, including an opportunity for reconsideration of the initial decision on the claim. "(3) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection, the head of an executive or legislative agency shall take reasonable action to locate an individual for whom the head of the agency does not have a current address to send the notice under paragraph (I)(C).". (16XA) Subchapter n of chapter 37 is amended by adding at the end the following: "§ 3716. Administrative offset 31 USC 3716. "(a) After trying to collect a claim from a person under section 3711(a) of this title, the head of an executive or legislative agency ^^^y P- ^'^imay collect the claim by administrative offset. T^e head of the agency may collect by administrative offset only after giving the debtor— "(1) written notice of the type and amount of the claim, the intention of the head of the agency to collect the claim by administrative offset, and an explanation of the rights of the debtor under this section; "(2) an opportunity to inspect and copy the records of the agency related to the claim;

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1110

 96 STAT. 2472

Regulations.

Limitations.

31 USC 3717.

Publication. Effective date.

PUBLIC LAW 97-452—JAN. 12, 1983

"(3) an opportunity for a review within the agency of the decision of the agency related to the claim; and "(4) an opportunity to make a written agreement with the head of the agency to repay the amount of the claim. "(b) Before collecting a claim by administrative offset under subsection (a) of this section, the head of an executive or legislative agency must prescribe regulations on collecting by administrative offset based on— "(1) the best interests of the United States Government; "(2) the likelihood of collecting a claim by administrative offset; and "(3) for collecting a claim by administrative offset after the 6year period for bringing a civil action on a claim under section 2415 of title 28 has expired, the cost effectiveness of leaving a claim unresolved for more than 6 years. "(c) This section does not apply— "(1) to a claim under this subchapter that has been outstanding for more than 10 years; or (2) when a statute explicitly provides for or prohibits using administrative offeet to collect the claim or type of claim involved. "§ 3717. Interest and penalty on claims "(a)(1) The head of an executive or legislative agency shall charge a minimum annual rate of interest on an outstanding debt on a United States Government claim owed by a person that is equal to the average investment rate for the Treasury tax and loan accounts for the 12-month period ending on September 30 of each year, rounded to the nearest whole percentage point. The Secretary of the Treasury shall publish the rate before November 1 of that year. The rate is effective on the first day of the next calendar quarter. "(2) The Secretary may change the rate of interest for a calendar quarter if the average investment rate for the 12-month period ending at the close of the prior calendar quarter, rounded to the nearest whole percentage point, is more or less than the existing published rate by 2 percentage points. "(b) Interest under subsection (a) of this section accrues from the date— "(1) on which notice is mailed after October 25, 1982, if notice was first mailed before October 25, 1982; or "(2) notice of the amount due is first mailed to the debtor at the most current address of the debtor available to the head of the executive or legislative agency, if notice is first mailed after October 24, 1982. "(c) The rate of interest charged under subsection (a) of this section— "(1) is the rate in effect on the date from which interest begins to accrue under subsection (b) of this section; and "(2) remains fixed at that rate for the duration of the indebtedness. "(d) Interest under subsection (a) of this section may not be charged if the amount due on the claim is paid within 30 days after the date from which interest accrues under subsection (b) of this section. The head of an executive or legislative agency may extend the 30-day period. "(e) The head of an executive or legislative agency shall assess on a claim owed by a person—

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1111

 PUBLIC LAW 97-452—JAN. 12, 1983

96 STAT. 2473

"(1) a charge to cover the cost of processing and handling a delinquent claim; and "(2) a penalty charge of not more than 6 percent a year for failure to pay a part of a debt more than 90 days past due. "(f) Interest under subsection (a) of this section does not accrue on a chaise assessed under subsection (e) of this section. "(g) This section does not apply— "(1) if a statute, regulation required by statute, loan agreement, or contract prohibits charging interest or assessing charges or explicitly fixes the interest or charges; and "(2) to a claim under a contract executed before October 25, 1982, that is in effect on October 25, 1982. "(h) In conformity with standards prescribed jointly by the Attorney General and the (Comptroller General, the head of an executive or legislative agency may prescribe reg[ulations identifying circumstances appropriate to waiving collection of interest and charges under subsections (a) and (e) of this section. A waiver under the regulations is deemed to be compliance with this section. "§ 3718. Contracts for collection services "(a) Under conditions the head of an executive or legislative agency considers appropriate, the head of the agency may make a contract with a person for collection services to recover indebtedness owed the United States Government. The contract shall provide that— "(1) the head of the agency retains the authority to resolve a dispute, compromise a claim, end collection action, and refer a matter to the Attorney General to bring a civil action; and "(2) the person is subject to— "(A) section 552a of title 5, to the extent provided in &J section 552a(m); and "(B) laws and regulations of the United States Government and State governments related to debt collection practices. "(b) Notwithstanding section 3302(b) of this title, a contract under subsection (a) of this section may provide that a fee a person charges to recover indebtedness owed the United States Government is pavable from the amount recovered. (c) A contract under subsection (a) of this section is effective only to the extent and in the amount provided in an appropriation law. "(d) This section does not apply to the collection of debts under the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.). "§ 3719. Reports on debt collection activities "(a) In consultation with the Secretary of the Treasury and the dJomptroller General, the Director of the Office of Management and Budget shall prescribe regulations requiring the head of each agency with outstanding debts to prepare and submit to the Director and the Secretary at least once each year a report summarizing the status of loans and accounts receivable managed by the head of the agency. The report shall contain— "(1) information on— "(A) the total amount of loans and accounts receivable owed the agency and when amounts owed the agency are due to be repaid; "(B) the total amount of receivables and number of claims at least 30 days past due;

Penalty.

Limitations.

R^uiations.

Waiver, 31 USC 3718.

Z:'ti

Ante, p. 948.

'm31 USC 3719. Regulations.

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