§ 191a TITLE 30—MINERAL LANDS AND MINING Page 58

direct giving priority to those subdivisions socially or

economically impacted by the development of minerals

leased under this Act for (1) planning, (2) construction

and maintenance of public facilities, and (3) provision

of public services.’’

ADMISSION OF ALASKA AS STATE

Effectiveness of amendment by Pub. L. 85–508 was dependent on admission of Alaska into the Union under

sections 6(k) and 8(b) of Pub. L. 85–508. Admission was

accomplished Jan. 3, 1959, on issuance of Proc. No. 3269,

Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508. See notes preceding

section 21 of Title 48, Territories and Insular Possessions.

OUTER CONTINENTAL SHELF; REVENUES FROM LEASES

Disposition of revenues from leases on submerged

lands of outer Continental Shelf, see sections 1337 and

1338 of Title 43, Public Lands.

CROSS REFERENCES

Laws applicable, see sections 275 and 285 of this title.

Naval petroleum reserves, see section 7421 et seq. of

Title 10, Armed Forces.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 241, 275, 285, 292,

355, 541f, 1019, 1721, 1735 of this title; title 10 sections

7421, 7435, 7439; title 16 sections 460ll–3, 470h; title 31 section 6903; title 43 section 1747.

§ 191a. Late payment charges under Federal mineral leases

(a) Distribution of late payment charges

Any interest or other charges paid to the

United States by reason of the late payment of

any royalty, rent, bonus, or other amount due to

the United States under any lease issued by the

United States for the extraction of oil, gas, coal,

or any other mineral, or for geothermal steam,

shall be deposited in the same account and distributed to the same recipients, in the same

manner, as such royalty, rent, bonus, or other

amount.

(b) Effective date

Subsection (a) of this section shall apply with

respect to any interest, or other charge referred

to in subsection (a) of this section, which is paid

to the United States on or after July 1, 1988.

(c) Prohibition against recoupment

Any interest, or other charge referred to in

subsection (a) of this section, which was paid to

the United States before July 1, 1988, and distributed to any State or other recipient is hereby deemed to be authorized and approved as of

the date of payment or distribution, and no part

of any such payment or distribution shall be recouped from the State or other recipient. This

subsection shall not apply to interest or other

charges paid in connection with any royalty,

rent, bonus, or other amount determined not to

be owing to the United States.

(Pub. L. 100–524, §7, Oct. 24, 1988, 102 Stat. 2607.)

CODIFICATION

Section was enacted as part of the Congaree Swamp

National Monument Expansion and Wilderness Act, and

not as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437,

known as the Mineral Leasing Act, which comprises

this chapter.

§ 191b. Collection of unpaid and underpaid royalties and late payment interest owed by

lessees

Beginning in fiscal year 1996 and thereafter,

the Secretary shall take appropriate action to

collect unpaid and underpaid royalties and late

payment interest owed by Federal and Indian

mineral lessees and other royalty payors on

amounts received in settlement or other resolution of disputes under, and for partial or complete termination of, sales agreements for minerals from Federal and Indian leases.

(Pub. L. 104–134, title I, §101(c) [title I], Apr. 26,

1996, 110 Stat. 1321–156, 1321–167; renumbered title

I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat.

1327.)

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920,

ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,

which comprises this chapter.

SIMILAR PROVISIONS

Similar provisions were contained in the following

prior appropriation act:

Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2508.

§ 192. Payment of royalties in oil or gas; sale of

such oil or gas

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