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U.S. Code > Title 30 > Chapter 29 > § 1701 - Congressional statement of findings and purposes

  For the purposes of this chapter, 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 or which is administered by the United States pursuant
  to section 1613(g) of title 43, 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 Indians,
  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 or which is administered by the United States
  pursuant to section 1613(g) of title 43;
    (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 issues
  an oil and gas lease or any person to whom operating rights in a
  lease have been assigned;
    (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;
    (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;
    (17) "adjustment" means an amendment to a previously filed
  report on an obligation, and any additional payment or credit, if
  any, applicable thereto, to rectify an underpayment or
  overpayment on an obligation;
    (18) "administrative proceeding" means any Department of the
  Interior agency process in which a demand, decision or order
  issued by the Secretary or a delegated State is subject to appeal
  or has been appealed;
    (19) "assessment" means any fee or charge levied or imposed by
  the Secretary or a delegated State other than - 
      (A) the principal amount of any royalty, minimum royalty,
    rental bonus, net profit share or proceed of sale;
      (B) any interest; or
      (C) any civil or criminal penalty;

    (20) "commence" means - 
      (A) with respect to a judicial proceeding, the service of a
    complaint, petition, counterclaim, cross claim, or other
    pleading seeking affirmative relief or seeking credit or
    recoupment: Provided, That if the Secretary commences a
    judicial proceeding against a designee, the Secretary shall
    give notice of that commencement to the lessee who designated
    the designee, but the Secretary is not required to give notice
    to other lessees who may be liable pursuant to section 1712(a)
    of this title, for the obligation that is the subject of the
    judicial proceeding; or
      (B) with respect to a demand, the receipt by the Secretary or
    a delegated State or a lessee or its designee (with written
    notice to the lessee who designated the designee) of the
    demand;

    (21) "credit" means the application of an overpayment (in whole
  or in part) against an obligation which has become due to
  discharge, cancel or reduce the obligation;
    (22) "delegated State" means a State which, pursuant to an
  agreement or agreements under section 1735 of this title,
  performs authorities, duties, responsibilities, or activities of
  the Secretary;
    (23) "demand" means - 
      (A) an order to pay issued by the Secretary or the applicable
    delegated State to a lessee or its designee (with written
    notice to the lessee who designated the designee) that has a
    reasonable basis to conclude that the obligation in the amount
    of the demand is due and owing; or
      (B) a separate written request by a lessee or its designee
    which asserts an obligation due the lessee or its designee that
    provides a reasonable basis to conclude that the obligation in
    the amount of the demand is due and owing, but does not mean
    any royalty or production report, or any information contained
    therein, required by the Secretary or a delegated State;

    (24) "designee" means the person designated by a lessee
  pursuant to section 1712(a) of this title, with such written
  designation effective on the date such designation is received by
  the Secretary and remaining in effect until the Secretary
  receives notice in writing that the designation is modified or
  terminated;
    (25) "obligation" means - 
      (A) any duty of the Secretary or, if applicable, a delegated
    State - 
        (i) to take oil or gas royalty in kind; or
        (ii) to pay, refund, offset, or credit monies including
      (but not limited to) - 
          (I) the principal amount of any royalty, minimum royalty,
        rental, bonus, net profit share or proceed of sale; or
          (II) any interest; and

      (B) any duty of a lessee or its designee (subject to the
    provisions of section 1712(a) of this title) - 
        (i) to deliver oil or gas royalty in kind; or
        (ii) to pay, offset or credit monies including (but not
      limited to) - 
          (I) the principal amount of any royalty, minimum royalty,
        rental, bonus, net profit share or proceed of sale;
          (II) any interest;
          (III) any penalty; or
          (IV) any assessment,

      which arises from or relates to any lease administered by the
      Secretary for, or any mineral leasing law related to, the
      exploration, production and development of oil or gas on
      Federal lands or the Outer Continental Shelf;

    (26) "order to pay" means a written order issued by the
  Secretary or the applicable delegated State to a lessee or its
  designee (with notice to the lessee who designated the designee)
  which - 
      (A) asserts a specific, definite, and quantified obligation
    claimed to be due, and
      (B) specifically identifies the obligation by lease,
    production month and monetary amount of such obligation claimed
    to be due and ordered to be paid, as well as the reason or
    reasons such obligation is claimed to be due, but such term
    does not include any other communication or action by or on
    behalf of the Secretary or a delegated State;

    (27) "overpayment" means any payment by a lessee or its
  designee in excess of an amount legally required to be paid on an
  obligation and includes the portion of any estimated payment for
  a production month that is in excess of the royalties due for
  that month;
    (28) "payment" means satisfaction, in whole or in part, of an
  obligation;
    (29) "penalty" means a statutorily authorized civil fine levied
  or imposed for a violation of this chapter, any mineral leasing
  law, or a term or provision of a lease administered by the
  Secretary;
    (30) "refund" means the return of an overpayment;
    (31) "State concerned" means, with respect to a lease, a State
  which receives a portion of royalties or other payments under the
  mineral leasing laws from such lease;
    (32) "underpayment" means any payment or nonpayment by a lessee
  or its designee that is less than the amount legally required to
  be paid on an obligation; and
    (33) "United States" means the United States Government and any
  department, agency, or instrumentality thereof, the several
  States, the District of Columbia, and the territories of the
  United States.

Legislative History

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U.S. Code Provisions: Oil and Gas

State Laws: Oil and Gas

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