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30 U.S.C. § 191Disposition of moneys received

submitted 106 years ago by ch. 85 to r/title-30-MINERAL-LANDS-AND-MINING · 1,217 words · no verdicts yet

in plain englishAI-generated · not legal advice

Money from federal oil and gas leases mostly goes to the states where the leases sit. A share also funds federal permit processing through the BLM Permit Processing Improvement Fund. Oil and gas drilling permit applicants must pay a set fee through 2026.

(a) In general: All money from sales, bonuses, royalties (including interest collected under the Federal Oil and Gas Royalty Management Act of 1982), and rentals of public lands under this chapter and the Geothermal Steam Act of 1970 goes into the U.S. Treasury. Then, subject to (b): 50 percent goes to the state (other than Alaska) where the leased land or minerals sit. Since January 1, 1976, states must spend this money as their legislature directs, giving priority to local areas hit socially or economically by mineral development, for (i) planning, (ii) building and maintaining public facilities, and (iii) providing public services. Except for money from Alaska, 40 percent goes into the Reclamation Fund created by the 1902 Reclamation Act. For Alaska, 90 percent goes to the State of Alaska, for its legislature to decide how to use. However, money from naval petroleum reserve lands goes to the Treasury as "miscellaneous receipts" under 10 U.S.C. § 8733(b). Any money under this chapter or the Geothermal Steam Act not otherwise assigned by this section also becomes miscellaneous receipts. Payments to states must happen by the last business day of the month the Treasury confirms receiving the money — except for money under dispute, which is held in a suspense account until resolved. The Treasury must confirm receiving new money within 10 days. Once a disputed amount is resolved and owed to a state, it must be paid by the last business day of that month, and it earns interest the whole time it's held in suspense. (b) Deduction for administrative costs: Starting in fiscal year 2014 and every year after, state payments are reduced by 2 percent to cover the United States' administrative and other costs of running this program. That 2 percent goes into the Treasury's miscellaneous receipts. (c) Rentals received on or after August 8, 2005: (1) Despite the general rule in (a), rentals from leases in any state other than Alaska, received on or after August 8, 2005, go into the Treasury to be split under (2). (2) Of that money: (A) 50 percent goes to the state where the leased land sits; and (B) 50 percent goes into a new Treasury fund called the "BLM Permit Processing Improvement Fund" (the "Fund"). (3) Use of fund: The Fund is available to the Secretary of the Interior, without needing further congressional approval or a fiscal-year deadline, to coordinate and process oil and gas permits on federal and Indian trust mineral land. The Secretary must split the Fund into a Rental Account, made of rental money collected under this section, and a Fee Account, made of fees collected under (d). (4) Rental account: The Secretary uses the Rental Account for coordinating and processing oil and gas permits at the Project offices named under 42 U.S.C. § 15924(d), and for training programs to build expertise in that work. When deciding how to split the Rental Account among Project offices each year, the Secretary must consider how many drilling-permit applications each office got the year before, each office's backlog of those applications, public industry forecasts for oil and gas development under each office's area, and any chances to partner with local industry groups and schools on training programs. (5) Fee account: The Secretary uses the Fee Account for coordinating and processing oil and gas permits on federal and Indian trust mineral land, and must send at least 75 percent of the fees an office collects for processing permit applications back to the State office in the state where the fees were collected. (d) BLM oil and gas permit processing fee: (1) In general: No matter what other laws say, for each fiscal year from 2016 through 2026, the Secretary — through the Bureau of Land Management's Director — must collect a fee for each new drilling-permit application submitted. (2) Amount: The fee is $9,500 for each new application, adjusted upward for inflation, as measured by the Consumer Price Index, starting from October 1, 2015. (3) Use: Each year, the Secretary must transfer collected fees: for fiscal years 2016 through 2019, 15 percent to the field offices that collected them, to be used, subject to appropriation, for processing protests, leases, and permits, and 85 percent to the Fund; and for fiscal years 2020 through 2026, all of the fees go to the Fund. (4) Additional costs: During fiscal years 2016 through 2026, the Secretary cannot put in place a new rule that would raise fees to cover extra permit-processing costs.
the actual law source: uscode.house.gov ↗public domain
(a) In general

All money received from sales, bonuses, royalties including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982 [30 U.S.C. 1701 et seq.], and rentals of the public lands under the provisions of this chapter and the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.], shall be paid into the Treasury of the United States; and, subject to the provisions of subsection (b), 50 per centum thereof shall be paid by the Secretary of the Treasury to the State other than Alaska within the boundaries of which the leased lands or deposits are or were located; said moneys paid to any of such States on or after January 1, 1976, to be used by such State and its subdivisions, as the legislature of the State may direct giving priority to those subdivisions of the State socially or economically impacted by development of minerals leased under this chapter, for (i) planning, (ii) construction and maintenance of public facilities, and (iii) provision of public service; and excepting those from Alaska, 40 per centum thereof shall be paid into, reserved, appropriated, as part of the reclamation fund created by the Act of Congress known as the Reclamation Act, approved June 17, 1902, and of those from Alaska, 90 per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof: Provided, That all moneys which may accrue to the United States under the provisions of this chapter and the Geothermal Steam Act of 1970 from lands within the naval petroleum reserves shall be deposited in the Treasury as “miscellaneous receipts”, as provided by section 8733(b) of title 10. All moneys received under the provisions of this chapter and the Geothermal Steam Act of 1970 not otherwise disposed of by this section shall be credited to miscellaneous receipts. Payments 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 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) Deduction for administrative costs

In determining the amount of payments to the States under this section, beginning in fiscal year 2014 and for each year thereafter, the amount of such payments shall be reduced by 2 percent for any administrative or other costs incurred by the United States in carrying out the program authorized by this chapter, and the amount of such reduction shall be deposited to miscellaneous receipts of the Treasury.

(c) Rentals received on or after August 8, 2005
(1)

Notwithstanding the first sentence of subsection (a), any rentals received from leases in any State (other than the State of Alaska) on or after August 8, 2005, shall be deposited in the Treasury, to be allocated in accordance with paragraph (2).

(2)

Of the amounts deposited in the Treasury under paragraph (1)—

(A)

50 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the leased land is located or the deposits were derived; and

(B)

50 percent shall be deposited in a special fund in the Treasury, to be known as the “BLM Permit Processing Improvement Fund” (referred to in this subsection as the “Fund”).

(3)Use of fund.—
(A)In general.—

The Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land.

(B)Accounts.—

The Secretary shall divide the Fund into—

(i)

a Rental Account (referred to in this subsection as the “Rental Account”) comprised of rental receipts collected under this section; and

(ii)

a Fee Account (referred to in this subsection as the “Fee Account”) comprised of fees collected under subsection (d).

(4)Rental account.—
(A)In general.—

The Secretary shall use the Rental Account for—

(i)

the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land under the jurisdiction of the Project offices identified under section 15924(d) of title 42; and

(ii)

training programs for development of expertise related to coordinating and processing oil and gas use authorizations.

(B)Allocation.—

In determining the allocation of the Rental Account among Project offices for a fiscal year, the Secretary shall consider—

(i)

the number of applications for permit to drill received in a Project office during the previous fiscal year;

(ii)

the backlog of applications described in clause (i) in a Project office;

(iii)

publicly available industry forecasts for development of oil and gas resources under the jurisdiction of a Project office; and

(iv)

any opportunities for partnership with local industry organizations and educational institutions in developing training programs to facilitate the coordination and processing of oil and gas use authorizations.

(5)Fee account.—
(A)In general.—

The Secretary shall use the Fee Account for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land.

(B)Allocation.—

The Secretary shall transfer not less than 75 percent of the revenues collected by an office for the processing of applications for permits to the State office of the State in which the fees were collected.

(d) BLM oil and gas permit processing fee
(1) In general

Notwithstanding any other provision of law, for each of fiscal years 2016 through 2026, the Secretary, acting through the Director of the Bureau of Land Management, shall collect a fee for each new application for a permit to drill that is submitted to the Secretary.

(2) Amount

The amount of the fee shall be $9,500 for each new application, as indexed for United States dollar inflation from October 1, 2015 (as measured by the Consumer Price Index).

(3) Use

Of the fees collected under this subsection for a fiscal year, the Secretary shall transfer—

(A)

for each of fiscal years 2016 through 2019—

(i)

15 percent to the field offices that collected the fees and used to process protests, leases, and permits under this chapter, subject to appropriation; and

(ii)

85 percent to the BLM Permit Processing Improvement Fund established under subsection (c)(2)(B) (referred to in this subsection as the “Fund”); and

(B)

for each of fiscal years 2020 through 2026, all of the fees to the Fund.

(4) Additional costs

During each of fiscal years of 2016 through 2026, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for permits to drill.

Source credit: (Feb. 25, 1920, ch. 85, § 35, 41 Stat. 450; May 27, 1947, ch. 83, 61 Stat. 119; Aug. 3, 1950, ch. 527, 64 Stat. 402; Pub. L. 85–88, § 2, July 10, 1957, 71 Stat. 282; Pub. L. 85–508, §§ 6(k), 28(b), July 7, 1958, 72 Stat. 343, 351; Pub. L. 94–273, § 6(2), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94–377, § 9, Aug. 4, 1976, 90 Stat. 1089; Pub. L. 94–422, title III, § 301, Sept. 28, 1976, 90 Stat. 1323; Pub. L. 94–579, title III, § 317(a), Oct. 21, 1976, 90 Stat. 2770; Pub. L. 97–451, title I, §§ 104(a), 111(g), Jan. 12, 1983, 96 Stat. 2451, 2456; Pub. L. 100–203, title V, § 5109, Dec. 22, 1987, 101 Stat. 1330–261; Pub. L. 100–443, § 5(b), Sept. 22, 1988, 102 Stat. 1768; Pub. L. 103–66, title X, § 10201, Aug. 10, 1993, 107 Stat. 407; Pub. L. 106–393, title V, § 503, Oct. 30, 2000, 114 Stat. 1624; Pub. L. 109–58, title III, § 365(g), Aug. 8, 2005, 119 Stat. 725; Pub. L. 113–67, div. A, title III, § 302, Dec. 26, 2013, 127 Stat. 1181; Pub. L. 113–291, div. B, title XXX, § 3021(b), (c)(1), Dec. 19, 2014, 128 Stat. 3760, 3761; Pub. L. 115–232, div. A, title VIII, § 809(i)(1), Aug. 13, 2018, 132 Stat. 1843.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of Feb. 25, 1920, ch. 85 · 41 Stat. 450
  • 1947Amended · Act of May 27, 1947, ch. 83 · 61 Stat. 119
  • 1950Amended · Act of Aug. 3, 1950, ch. 527 · 64 Stat. 402
  • 1957Amended · Pub. L. 85-88 · 71 Stat. 282
  • 1958Amended · Pub. L. 85-508 · 72 Stat. 343, 351
  • 1976Amended · Pub. L. 94-273 · 90 Stat. 377
  • 1976Amended · Pub. L. 94-377 · 90 Stat. 1089
  • 1976Amended · Pub. L. 94-422 · 90 Stat. 1323
  • 1976Amended · Pub. L. 94-579 · 90 Stat. 2770
  • 1983Amended · Pub. L. 97-451 · 96 Stat. 2451, 2456
  • 1987Amended · Pub. L. 100-203 · 101 Stat. 1330
  • 1988Amended · Pub. L. 100-443 · 102 Stat. 1768
  • 1993Amended · Pub. L. 103-66 · 107 Stat. 407
  • 2000Amended · Pub. L. 106-393 · 114 Stat. 1624
  • 2005Amended · Pub. L. 109-58 · 119 Stat. 725
  • 2013Amended · Pub. L. 113-67 · 127 Stat. 1181
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3760, 3761
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1843

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

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