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30 U.S.C. § 196Cooperative agreements; delegation of authority

submitted 35 years ago by Pub. L. 102-154 to r/title-30-MINERAL-LANDS-AND-MINING · 325 words · no verdicts yet

in plain englishAI-generated · not legal advice

Starting in fiscal year 1992, the Secretary of the Interior may sign cooperative agreements with states or Indian tribes to share royalty information and do audits. The Secretary can also let a state take over auditing duties, but not the collection of royalties or penalties. Indian tribes must consent before this applies on their land. The Secretary must pay states or tribes for their reasonable costs.

Despite any other provision of law, starting in fiscal year 1992 and every year after, the Secretary of the Interior, or the Secretary's designee, is authorized to do two things: (a) Enter into a cooperative agreement with any state or Indian tribe to share royalty management information and to carry out inspection, auditing, investigation, or enforcement activities (not including the collection of royalties, civil penalties, or other payments) together with the Secretary. The Secretary cannot make such an agreement covering activities on Indian lands without the permission of the Indian tribe involved. (b) At a state's written request, delegate to that state all or part of the Secretary's authorities and responsibilities — under the leasing statutes, leases, and related regulations — to conduct audits, investigations, and inspections. Again, the Secretary cannot make this delegation for Indian lands without the tribe's permission. For leases authorizing exploration for or development of coal, other solid minerals, or geothermal steam on federal or Indian lands, or for a lease covered by section 1337(g) of title 43, this delegation works on the same terms as those already authorized for oil and gas leases under sections 1732, 1733, 1735, and 1736 of this title and their regulations. Section 1734 of this title also applies to those coal, mineral, and geothermal leases, and to leases under section 1337(g) of title 43. In either case, the Secretary must compensate the state or Indian tribe for the costs necessary to carry out the cooperative agreement or delegation.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding any other provision of law, for fiscal year 1992 and each year thereafter, the Secretary of the Interior or his designee is authorized to—

(a)

enter into a cooperative agreement or agreements with any State or Indian tribe to share royalty management information, to carry out inspection, auditing, investigation or enforcement (not including the collection of royalties, civil penalties, or other payments) activities in cooperation with the Secretary, except that the Secretary shall not enter into such cooperative agreement with a State with respect to any such activities on Indian lands except with the permission of the Indian tribe involved; and

(b)

upon written request of any State, to delegate to the State all or part of the authorities and responsibilities of the Secretary under the authorizing leasing statutes, leases, and regulations promulgated pursuant thereto to conduct audits, investigations, and inspections, except that the Secretary shall not undertake such a delegation with respect to any Indian lands except with permission of the Indian tribe involved,

with respect to any lease authorizing exploration for or development of coal, any other solid mineral, or geothermal steam on any Federal lands or Indian lands within the State or with respect to any lease or portion of a lease subject to section 1337(g) of title 43, on the same terms and conditions as those authorized for oil and gas leases under sections 1732, 1733, 1735, and 1736 of this title and the regulations duly promulgated with respect thereto: Provided further, That section 1734 of this title shall apply to leases authorizing exploration for or development of coal, any other solid mineral, or geothermal steam on any Federal lands, or to any lease or portion of a lease subject to section 1337(g) of title 43: Provided further, That the Secretary shall compensate any State or Indian tribe for those costs which are necessary to carry out activities conducted pursuant to such cooperative agreement or delegation.

Source credit: (Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1001.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-154 · 105 Stat. 1001

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-154 on 1991-11-13.

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