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30 U.S.C. § 192Payment of royalties in oil or gas; sale of such oil or gas

submitted 106 years ago by ch. 85 to r/title-30-MINERAL-LANDS-AND-MINING · 454 words · no verdicts yet

in plain englishAI-generated · not legal advice

Royalty owed on federal oil and gas leases can be paid in oil or gas itself. The Secretary of the Interior must sell that royalty oil and gas, usually through bids or auction. Refineries without their own crude supply get priority to buy it.

When the Secretary of the Interior demands it, all royalties owed to the United States under an oil or gas lease or permit under this chapter must be paid in oil or gas itself, not cash. After granting any oil or gas lease under this chapter, and from time to time afterward, the Secretary must offer the government's royalty oil and gas for sale — unless the Secretary decides it's better to keep it for the United States' own use. The Secretary picks how long the sale period lasts, and must advertise it, using either sealed bids or a public auction. The Secretary can reject all bids if that serves the United States' interest. If no good bid comes in, or the winning bidder doesn't complete the purchase, or the Secretary decides accepting the top bid isn't wise for the public interest, the Secretary can re-advertise the royalty for sale, sell it privately at no less than market price, or just take its cash value from the lessee instead. Because it serves the public interest to sell royalty oil to refineries that don't have their own crude oil supply, the Secretary must give those refineries priority when there isn't enough crude oil available to them on the open market. This oil is for those refineries to process or use themselves — not to resell as-is. To do this, the Secretary can sell them royalty oil privately, at no less than market price, and can split the oil, at the Secretary's discretion, among refineries in the area where the oil was produced. While working out a permanent sales contract for any royalty oil or gas, the Secretary can sell the current supply privately, at no less than market price. And any royalty oil or gas can always be sold, at no less than market price, privately to any U.S. government department or agency.
the actual law source: uscode.house.gov ↗public domain

All royalty accruing to the United States under any oil or gas lease or permit under this chapter on demand of the Secretary of the Interior shall be paid in oil or gas.

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

Source credit: (Feb. 25, 1920, ch. 85, § 36, 41 Stat. 451; July 13, 1946, ch. 574, 60 Stat. 533.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of Feb. 25, 1920, ch. 85 · 41 Stat. 451
  • 1946Amended · Act of July 13, 1946, ch. 574 · 60 Stat. 533

A history note hasn’t been published yet. The record shows enactment by ch. 85 on 1920-02-25.

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