396
(h) FAILURE
OF CO-OWNER TO CONTRIBUTE.—
Upon the failure of any one or more of several co-owners
of any mining claim or site to contribute such co-owner
or owners’ portion of any location or maintenance fee pay-
able under this section, any co-owner who has paid such
fee may, after the payment due date, serve the delinquent
co-owner or owners with notice of such failure in writing
or, if such delinquent co-owner or owners cannot be lo-
cated after reasonable efforts, by publication in a general
circulation newspaper published in a location nearest the
mining claim or site at least once a week for at least 90
days. If at the expiration of 90 days after such notice in
writing or by publication, any delinquent co-owner fails or
refuses to contribute the owed portion, such co-owner or
owners’ interest shall become the property of the owner
or co-owners who have paid the required fee.
(i) LOCATION FEE.—The owner of each unpatented
mining claim or site located on or after the date of enact-
ment of this Act pursuant to the general mining laws shall
pay to the Secretary, at the time the notice or certificate
of location is filed with the Bureau of Land Management
pursuant to subsection 314(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1744(b)), a loca-
tion fee of $25.00 per mining claim or site. The full
amount of all fees paid under this subsection shall be de-
397
posited in the General Fund of the Treasury. Effective
on the date of the enactment of this Act, section 10102
of the Omnibus Budget Reconciliation Act of 1993 (107
Stat. 406; 30 U.S.C. 28g) is repealed.
(j) CREDIT AGAINST MAINTENANCE FEE.—(1) Ex-
cept as provided in paragraph (2), the annual maintenance
fee payable for any unpatented mining claim or site for
any assessment year shall be reduced by the amount of
royalty paid by such claimholder for such mining claim
or site, or for any contiguous mining claim or site, during
the prior assessment year.
(2) Royalties paid during any assessment year prior
to the first full assessment year commencing after the en-
actment of this Act shall not reduce the amount of any
maintenance fee.
(k) OIL SHALE CLAIMS SUBJECT TO CLAIM MAINTE-
NANCE FEE UNDER ENERGY POLICY ACT OF 1992.—
This section shall not apply to any oil shale claims for
which a fee is required to be paid under paragraph
2511(e)(2) of the Energy Policy Act of 1992 (30 U.S.C.
242(e)(2)).
(l) FAILURE TO COMPLY.—The failure of the owner
of the mining claim or site to pay any claim maintenance
fee or location fee for a mining claim or site on or before
the date such payment is due under this section shall con-
398
stitute forfeiture of the mining claim or site and such min-
ing claim or site shall be null and void, effective as of the
day after the date such payment is due, except that if such
maintenance fee or location fee is paid or tendered on or
before the 30th day after such payment was due under
subsection of this section, such mining claim or site shall
not be forfeited or null or void, and such maintenance fee
or location fee shall be deemed timely paid.
(m) AMENDMENT
OF FLPMA FILING REQUIRE-
MENTS.—(1) Section 314(a) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1744(a)) is
hereby repealed.
(2) Section 314(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1744(c)) is amended
to read as follows:
‘‘(c) FAILURE TO FILE AS CONSTITUTING FORFEIT-
URE; DEFECTIVE OR UNTIMELY FILING.—The failure to
timely file the copy of the notice or certificate of location
as required by subsection (b) shall constitute forfeiture of
the mining claim and such claim shall be null and void
by operation of law; except that it shall not be considered
a failure to file if the notice or certificate of location is
defective or not timely filed for record under other State
or Federal laws permitting or requiring the filing or re-
cording thereof, or if the copy of the notice or certificate
399
is filed by or on behalf of some but not all of the owners
of the claim.’’.
(n) RELATED PERSONS.—As used in this section, the
term ‘‘related persons’’ includes—
(1) the spouse and dependent children (as de-
fined in section 152 of the Internal Revenue Code of
1986), of the owner of the mining claim or site; and
(2) a person controlled by, controlling, or under
common control with the owner of the mining claim
or site.
(o) REPEAL.—Section 10101 of the Omnibus Budget
Reconciliation Act of 1993 (107 Stat. 406; 30 U.S.C. 28g)
is repealed, effective with respect to assessment year com-
mencing after the enactment of this Act.
(p) PERIODIC REVIEW OF FEE STRUCTURE.—Begin-
ning in the year 2005 and at 10 year intervals thereafter,
the Secretary shall review the costs incurred by the Sec-
retary to administer mining claims for locatable minerals
under the general mining laws and the structure and level
of maintenance and location fees received by the Secretary
with respect to such claims. The Secretary shall determine
if the revenues from such fees is adequate to cover such
costs, taking inflation and other appropriate factors into
account. The Secretary shall submit the results of each
400
such review to the Congress, together with such legislative
recommendations as the Secretary deems appropriate.
PART 2—FEDERAL OIL AND GAS ROYALTIES
SEC. 9511. SHORT TITLE.
This part may be cited as the ‘‘Federal Oil and Gas
Royalty Simplification and Fairness Act of 1995’’.
SEC. 9512. DEFINITIONS.
(a) IN GENERAL.—Section 3 of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1701
et seq.) is amended—
(1) by amending paragraph (7) to read as fol-
lows:
‘‘(7) ‘lessee’ means any person to whom the
United States, an Indian tribe, or an Indian allottee
issues a lease or any person to whom operating
rights have been assigned;’’; and
(2) by striking ‘‘and’’ at the end of paragraph
(15), by striking the period at the end of paragraph
(16) and inserting a semicolon, and by adding at the
end the following:
‘‘(17) ‘adjustment’ means an amendment to a
previously filed report on an obligation, and any ad-
ditional payment or credit, if any, applicable thereto,
to rectify an underpayment or overpayment on a
lease;
401
‘‘(18) ‘administrative proceeding’ means any
agency process in which a demand, decision or order
issued by the Secretary is subject to appeal or has
been appealed;
‘‘(19) ‘assessment’ means any fee or charge lev-
ied or imposed by the Secretary or the United States
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, counter-
claim, crossclaim, or other pleading seeking af-
firmative relief or seeking credit or recoupment;
or
‘‘(B) with respect to a demand, the receipt
by the Secretary or a lessee of the demand;
‘‘(21) ‘credit’ means the application of an over-
payment (in whole or in part) against an obligation
which has become due to discharge, cancel or reduce
the obligation;
‘‘(22) ‘demand’ means—
402
‘‘(A) an order to pay issued by the Sec-
retary; or
‘‘(B) a separate written request by a lessee
which asserts an obligation due the lessee,
but does not mean any royalty or production report,
or any information contained therein, required by
the Secretary;
‘‘(23) ‘obligation’ means—
‘‘(A) any duty of the Secretary or the
United States—
‘‘(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;
‘‘(B) any duty of a lessee—
‘‘(i) to deliver oil or gas royalty in
kind; or
‘‘(ii) to pay, offset or credit monies in-
cluding but not limited to—
403
‘‘(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 adminis-
tered by the Secretary for, or any mineral leasing
law related to, the exploration, production and devel-
opment of oil or gas on Federal lands or the Outer
Continental Shelf;
‘‘(24) ‘order to pay’ means a written order is-
sued by the Secretary or the United States which—
‘‘(A) asserts a definite and quantified obli-
gation; and
‘‘(B) specifically identifies the obligation by
lease, production month and amount of such
obligation ordered to be paid, as well as the rea-
son or reasons such obligation is claimed to be
due,
but such term does not include any other commu-
nication or action by or on behalf of the Secretary
or the United States;
404
‘‘(25) ‘overpayment’ means any payment by a
lessee 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;
‘‘(26) ‘payment’ means satisfaction, in whole or
in part, of an obligation;
‘‘(27) ‘penalty’ means a statutorily authorized
civil fine levied or imposed by the Secretary or the
United States for a violation of this Act, any mineral
leasing law, or a term or provision of a lease admin-
istered by the Secretary;
‘‘(28) ‘refund’ means the return of an overpay-
ment by the Secretary or the United States by the
drawing of funds from the United States Treasury;
‘‘(29) ‘State concerned’ means, with respect to
a lease, a State which receives a portion of royalties
under this Act from such lease; and
‘‘(30) ‘underpayment’ means any payment or
nonpayment by a lessee that is less than the amount
legally required to be paid on an obligation.’’.
(b) LESSEE LIABILITY.—Section 102(a) of the Fed-
eral Oil and Gas Royalty Management Act of 1982 (30
U.S.C. 1712(a)) is amended to read as follows:
405
‘‘(a) A lessee who is required to make any royalty
or other payment under a lease or under the mineral leas-
ing laws, shall make such payments in the time and man-
ner as may be specified by the Secretary. A lessee may
designate a person to act on the lessee’s behalf and shall
notify the Secretary in writing of such designation. The
person to whom the United States issues a lease or the
person by whom operating rights are currently owned, but
not both, shall remain primarily liable for its obligations.’’.
SEC. 9513. LIMITATION PERIODS.
(a) IN GENERAL.—The Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1701 et seq.) is
amended by adding after section 114 the following new
section:
‘‘SEC. 115. LIMITATION PERIODS AND AGENCY ACTIONS.
‘‘(a) IN GENERAL.—A judicial proceeding or demand
which arises from, or relates to an obligation, shall be
commenced within six years from the date on which the
obligation becomes due and if not so commenced shall be
barred, except as otherwise provided by this section.
‘‘(b) OBLIGATION BECOMES DUE.—
‘‘(1) IN GENERAL.—For purposes of this Act,
an obligation becomes due when the right to enforce
the obligation is fixed.
406
‘‘(2) ROYALTY OBLIGATIONS.—The right to en-
force the royalty obligation for a production month
for a lease is fixed for purposes of this Act on the
last day of the calendar month following the month
in which oil or gas is produced.
‘‘(3) ROYALTY PAYMENT.—The right to collect
a royalty payment for an obligation for a production
month for a lease is fixed for purposes of this Act
on the last day of the second calendar month follow-
ing the month in which gas is produced, to be
phased in by the Secretary in a manner which does
not have a negative impact on the Federal budget.
‘‘(c) TOLLING OF LIMITATION PERIOD.—The run-
ning of the limitation period under subsection (a) shall
not be suspended, tolled, extended, or enlarged for any ob-
ligation for any reason by any action, including an action
by the Secretary or the United States, other than the fol-
lowing:
‘‘(1) TOLLING AGREEMENT.—A written agree-
ment executed during the limitation period between
the Secretary and a lessee which tolls the limitation
period for the amount of time during which the
agreement is in effect.
‘‘(2) SUBPOENA.—The issuance of a subpoena
in accordance with the provisions of section 107(c)
407
shall toll the limitation period with respect to the ob-
ligation which is the subject of a subpoena only for
the period beginning on the date the lessee receives
the subpoena and ending on the date on which (A)
the lessee has produced such subpoenaed records for
the subject obligation, (B) the Secretary receives
written notice that the subpoenaed records for the
subject obligation are not in existence or are not in
the lessee’s possession or control, or (C) a court has
determined in a final decision that such records are
not required to be produced, whichever occurs first.
‘‘(3) FRAUD OR CONCEALMENT.—Any fraud or
concealment by a lessee in an attempt to defeat or
evade an obligation in which case the limitation pe-
riod shall be tolled for the period of such fraud or
such concealment.
‘‘(4) TOLLING REQUEST.—A written tolling re-
quest from a lessee based upon the lessee’s represen-
tation that the lessee’s entitlement to an overpay-
ment has not been finally determined. The limitation
period shall be tolled pursuant to this paragraph
from the date the Secretary receives the tolling re-
quest until the earlier of the end of the requested
period or 12 months after the date the Secretary re-
ceives the tolling request, but is subject to successive
408
12-month renewals by the lessee made prior to the
expiration of the then applicable 12-month period.
The tolling request shall be sufficient if it identi-
fies—
‘‘(A) the person who made the potential
overpayment;
‘‘(B) the leases and production months in-
volved in the potential overpayment; and
‘‘(C) the reasons the lessee believes that it
may later be entitled to a refund of the over-
payment.
‘‘(5) ORDER
TO
PERFORM
A
RESTRUCTURED
ACCOUNTING.—The issuance of a notice under sec-
tion 107(d)(4) that the lessee has not adequately
performed a restructured accounting shall toll the
limitation period with respect to the obligation which
is the subject of the notice only for the period begin-
ning on the date the lessee receives the notice and
ending on the date on which (A) the Secretary re-
ceives written notice the accounting or other require-
ment has been performed, or (B) a court has deter-
mined in a final decision that the lessee is not re-
quired to perform the accounting, whichever occurs
first.
409
‘‘(d) TERMINATION OF LIMITATIONS PERIOD.—The
limitations period shall be terminated in the event—
‘‘(1) the Secretary has notified the lessee in
writing that a time period is closed to further audit;
or
‘‘(2) the Secretary and a lessee have so agreed
in writing.
‘‘(e) FINAL AGENCY ACTION.—
‘‘(1) 3-YEAR
PERIOD.—The Secretary shall
issue a final decision in any administrative proceed-
ing, including any administrative proceedings pend-
ing on the date of enactment of the Federal Oil and
Gas Royalty Simplification and Fairness Act of
1995, within three years from the date such pro-
ceeding was initiated or three years from the date of
such enactment, whichever is later. The three-year
period may be extended by any period of time agreed
upon in writing by the Secretary and the lessee.
‘‘(2) EFFECT
OF
FAILURE
TO
ISSUE
DECI-
SION.—
‘‘(A) IN
GENERAL.—If no such decision
has been issued by the Secretary within the
three-year period referred to in paragraph (1)—
‘‘(i) the Secretary shall be deemed to
have issued and granted a decision in favor
410
of the lessee or lessees as to any
nonmonetary obligation and any monetary
obligation the principal amount of which is
less than $2,500; and
‘‘(ii) the Secretary shall be deemed to
have issued a final decision in favor of the
Secretary, which decision shall be deemed
to affirm those issues for which the agency
rendered a decision prior to the end of
such period, as to any monetary obligation
the principal amount of which is $2,500 or
more, and the lessee shall have a right to
a de novo judicial review of such deemed
final decision.
‘‘(B) NO
PRECEDENTIAL
EFFECT
ON
OTHER
PROCEEDINGS.—Deemed 
decisions
under 
subparagraph 
(A) 
shall 
have 
no
precedential effect in any judicial or administra-
tive proceeding or for any other purpose.
‘‘(f) ADMINISTRATIVE SETTLEMENT.—During the
pendency of any administrative proceeding, the parties
shall hold at least one settlement consultation for the pur-
pose of discussing disputed matters between the parties.
For purposes of settlement, the Secretary may take such
action as is appropriate to compromise and settle a dis-
411
puted obligation, including interest and allowing offsetting
of obligations among leases. The Secretary and the State
concerned shall seek to resolve disputes with a lessee in
as expeditious a manner as possible, through settlement
negotiations and other alternative dispute resolution proc-
esses methods. If any dispute involving an obligation due
is not resolved by the end of the six-year period beginning
on the date the obligation became due, the amount of in-
terest otherwise payable with respect to the obligation
shall accrue after such six-year period at the rate—
‘‘(1) for purposes of section 111(h), reduced
each year thereafter by two additional percentage
points from the rate in effect under this subsection
for the previous year (but not less than zero); and
‘‘(2) for purposes of section 111(a), reduced
each year thereafter by one additional percentage
point from the rate in effect under this subsection
for the previous year (but not less than zero).
‘‘(g) LIMITATION ON CERTAIN ACTIONS.—When an
action on or enforcement of an obligation under the min-
eral leasing laws is barred under this section—
‘‘(1) no other or further action regarding that
obligation, including (but not limited to) the issu-
ance of any order, request, demand or other commu-
nication seeking any document, accounting, deter-
412
mination, calculation, recalculation, payment, prin-
cipal, interest, assessment, or penalty or the initi-
ation, pursuit or completion of an audit with respect
to that obligation may be taken; and
‘‘(2) no other equitable or legal remedy, wheth-
er under statute or common law, with respect to an
action on or an enforcement of said obligation may
be pursued.
‘‘(h) JUDICIAL REVIEW.—In the event a demand sub-
ject to this section is timely commenced, a judicial pro-
ceeding challenging the final agency action with respect
to such demand shall be deemed timely so long as such
judicial proceeding is commenced within 180 days from
receipt of notice by the lessee of the final agency action.
‘‘(i) IMPLEMENTATION OF FINAL DECISION.—In the
event a judicial proceeding or demand subject to this sec-
tion is timely commenced and thereafter the limitation pe-
riod in this section lapses during the pendency of such
proceeding, any party to such proceeding shall not be
barred from taking such action as is required or necessary
to implement a final unappealable judicial or administra-
tive decision, including any action required or necessary
to implement such decision by the recovery or recoupment
of an underpayment or overpayment by means of refund
or credit.
413
‘‘(j) STAY OF PAYMENT OBLIGATION PENDING RE-
VIEW.—Any party ordered by the Secretary or the United
States to pay any obligation (other than an assessment)
shall be entitled to a stay of such payment without bond
or other surety instrument pending an administrative or
judicial proceeding if the party periodically demonstrates
to the satisfaction of the Secretary that such party is fi-
nancially solvent or otherwise able to pay the obligation.
In the event the party is not able to so demonstrate, the
Secretary may require a bond or other surety instrument
satisfactory to cover the obligation. Any party ordered by
the Secretary to pay an assessment shall be entitled to
a stay without bond or other surety instrument.
‘‘(k) INAPPLICABILITY OF THE OTHER STATUTES OF
LIMITATION.—The limitations set forth in sections 2401,
2415, 2416, and 2462 of title 28, United States Code,
section 42 of the Mineral Leasing Act (30 U.S.C. 226-
2) and section 3716 of title 31, United States Code, shall
not apply to any obligation to which this Act applies.’’.
(b) SUBPOENA.—Section 107 of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1717)
is amended by adding at the end the following:
‘‘(c) RULES REGARDING ISSUANCE OF SUBPOENA
RELATING TO REPORTING AND PAYMENT OF AN OBLIGA-
TION DUE.—
414
‘‘(1) IN GENERAL.—A subpoena which requires
a lessee to produce records necessary to determine
the proper reporting and payment of an obligation
due the Secretary may be issued under this section
only by an Assistant Secretary of the Interior and
an acting Assistant Secretary of the Interior who is
a schedule C employee (as defined by section
213.3301 of title 5, Code of Federal Regulations)
and may not be delegated.
‘‘(2) PRIOR WRITTEN REQUEST REQUIRED.—A
subpoena described in paragraph (1) may only be is-
sued against a lessee during the limitation period
provided in section 115 and only after the Secretary
has in writing requested the records from the lessee
related to the obligation which is the subject of the
subpoena and has determined that—
‘‘(A) the lessee has failed to respond within
a reasonable period of time to the Secretary’s
written request for such records necessary for
an audit, investigation or other inquiry made in
accordance with the Secretary’s responsibilities
under this Act;
‘‘(B) the lessee has in writing denied the
Secretary’s written request to produce such
records in the lessee’s possession or control nec-
415
essary for an audit, investigation or other in-
quiry made in accordance with the Secretary’s
responsibilities under this Act; or
‘‘(C) the lessee has unreasonably delayed
in producing records necessary for an audit, in-
vestigation or other inquiry made in accordance
with the Secretary’s responsibilities under this
Act after the Secretary’s written request.
‘‘(3) REASONABLE
PERIOD
FOR
COMPLIANCE
WITH WRITTEN REQUEST.—In seeking records, the
Secretary shall afford the lessee a reasonable period
of time after a written request by the Secretary in
which to provide such records prior to the issuance
of any subpoena.’’.
(c) RESTRUCTURED ACCOUNTING.—Section 107 of
the Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1717), as amended by subsection (b) of this
section, is amended by adding at the end the following:
‘‘(d) RESTRUCTURED ACCOUNTING.—
‘‘(1) IN GENERAL.—The Secretary shall issue
an order to perform a restructured accounting when
the Secretary determines during an in-depth audit of
a lessee that the lessee should recalculate royalty
due on an obligation based upon the Secretary’s
finding that the lessee has made identified under-
417
other communication or action by or on behalf of the
Secretary or the United States.
‘‘(4) NOTICE.—If a lessee fails to adequately
perform a restructured accounting pursuant to this
subsection, a notice shall be issued to the lessee that
the restructured accounting has not been adequately
performed. Such notice may be issued under this
section only by an Assistant Secretary of the Inte-
rior or an acting Assistant Secretary of the Interior
who is a schedule C employee (as defined by section
213.3301 of title 5, Code of Federal Regulations)
and may not be delegated.’’.
(d) STATE SUITS.—Section 204 of the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C.
1751) is amended by adding at the end the following:
‘‘(d) With respect to an obligation, a State bringing
an action under this section shall enjoy no greater rights
than the Secretary enjoys under this Act.’’.
(e) CLERICAL AMENDMENT.—The table of contents
in section 1 of such Act (30 U.S.C. 1701) is amended by
adding after the item relating to section 114 the following
new item:
‘‘Sec. 115. Limitation periods and agency actions.’’.
SEC. 9514. ADJUSTMENT AND REFUNDS.
(a) IN GENERAL.—The Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1701 et seq.) is
418
amended by adding after section 111 the following new
section:
‘‘SEC. 111A. ADJUSTMENTS AND REFUNDS.
‘‘(a) ADJUSTMENTS.—
‘‘(1) If, during the adjustment period, a lessee
determines that an adjustment or refund request is
necessary to correct an underpayment or overpay-
ment of an obligation, the lessee shall make such ad-
justment or request a refund within a reasonable pe-
riod of time and only during the adjustment period.
The filing of a royalty report which reflects the
underpayment or overpayment of an obligation shall
constitute prior written notice to the Secretary of an
adjustment.
‘‘(2)(A) For any adjustment, the lessee shall
calculate and report the interest due attributable to
such adjustment at the same time the lessee adjusts
the principal amount of the subject obligation, ex-
cept as provided by subparagraph (B).
‘‘(B) In the case of a lessee on whom the Sec-
retary determines that subparagraph (A) would im-
pose a hardship, the Secretary shall calculate the in-
terest due and notify the lessee within a reasonable
time of the amount of interest due, unless such les-
419
see elects to calculate and report interest in accord-
ance with subparagraph (A).
‘‘(3) An adjustment or a request for a refund
for an obligation may be made after the adjustment
period only upon written notice to and approval by
the Secretary during an audit of the period which
includes the production month for which the adjust-
ment is being made. If an overpayment is identified
during an audit, then the Secretary shall allow a
credit or refund in the amount of the overpayment.
‘‘(4) For purposes of this section, the adjust-
ment period for any obligation shall be the five-year
period following the date on which an obligation be-
came due. The adjustment period shall be sus-
pended, tolled, extended, enlarged, or terminated by
the same actions as the limitation period in section
115.
‘‘(b) REFUNDS.—
‘‘(1) IN GENERAL.—A request for refund is suf-
ficient if it—
‘‘(A) is made in writing to the Secretary
and, for purposes of section 115, is specifically
identified as a demand;
‘‘(B) identifies the person entitled to such
refund;
420
‘‘(C) provides the Secretary information
that reasonably enables the Secretary to iden-
tify the overpayment for which such refund is
sought; and
‘‘(D) provides the reasons why the pay-
ment was an overpayment.
‘‘(2) PAYMENT BY SECRETARY OF THE TREAS-
URY.—The Secretary shall certify the amount of the
refund to be paid under paragraph (1) to the Sec-
retary of the Treasury who shall make such refund.
Such refund shall be paid from amounts received as
current receipts from sales, bonuses, royalties (in-
cluding interest charges collected under this section)
and rentals of the public lands and the Outer Con-
tinental Shelf under the provisions of the Mineral
Leasing Act and the Outer Continental Shelf Lands
Act, which are not payable to a State or the Rec-
lamation Fund. The portion of any such refund at-
tributable to any amounts previously disbursed to a
State, the Reclamation Fund, or any recipient pre-
scribed by law shall be deducted from the next dis-
bursements to that recipient made under the appli-
cable law. Such amounts deducted from subsequent
disbursements shall be credited to miscellaneous re-
ceipts in the Treasury.
421
‘‘(3) PAYMENT PERIOD.—A refund under this
subsection shall be paid or denied (with an expla-
nation of the reasons for the denial) within 120 days
of the date on which the request for refund is re-
ceived by the Secretary. Such refund shall be subject
to later audit by the Secretary and subject to the
provisions of this Act.
‘‘(4) PROHIBITION AGAINST REDUCTION OF RE-
FUNDS
OR
CREDITS.—In no event shall the Sec-
retary directly or indirectly claim any amount or
amounts against, or reduce any refund or credit (or
interest accrued thereon) by the amount of any obli-
gation the enforcement of which is barred by section
115.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in section 1 of such Act (30 U.S.C. 1701) is amended by
adding after the item relating to section 111 the following
new item:
‘‘Sec. 111A. Adjustments and refunds.’’.
SEC. 9515. REQUIRED RECORDKEEPING.
Section 103 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1713(b)) is amended by
adding at the end the following:
‘‘(c) Records required by the Secretary for the pur-
pose of determining compliance with any applicable min-
eral leasing law, lease provision, regulation or order with
422
respect to oil and gas leases from Federal lands or the
Outer Continental Shelf shall be maintained for the same
period of time during which a judicial proceeding or de-
mand may be commenced under section 115(a). If a judi-
cial proceeding or demand is timely commenced, the
record holder shall maintain such records until the final
nonappealable decision in such judicial proceeding is
made, or with respect to that demand is rendered, unless
the Secretary authorizes in writing an earlier release of
the requirement to maintain such records. Notwithstand-
ing anything herein to the contrary, under no cir-
cumstance shall a record holder be required to maintain
or produce any record relating to an obligation for any
time period which is barred by the applicable limitation
in section 115.’’.
SEC. 9516. ROYALTY INTEREST, PENALTIES, AND PAY-
MENTS.
(a) PERIOD.—Section 111(f) of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C.
1721(f)) is amended to read as follows:
‘‘(f) Upon a determination that it will further the ef-
fective and efficient performance of his duties and respon-
sibilities, the Secretary may waive or forego such interest
in whole or in part. Interest shall be charged under this
section only for the number of days a payment is late.’’.
423
(b) LESSEE INTEREST.—Section 111 of the Federal
Oil and Gas Royalty Management Act of 1982 (30 U.S.C.
1721) is amended by adding after subsection (g) the fol-
lowing:
‘‘(h) Interest shall be allowed and the Secretary shall
pay or credit such interest on any overpayment, with such
interest to accrue from the date such overpayment was
made, at the rate obtained by applying the provisions of
subparagraphs (A) and (B) of section 6621(a)(1) of the
Internal Revenue Code of 1986. Interest which has ac-
crued on any overpayment may be applied to reduce an
underpayment. This subsection applies to overpayments
made later than six months after the date of enactment
of this subsection or September 1, 1996, whichever is
later. Such interest shall be paid from amounts received
as current receipts from sales, bonuses, royalties (includ-
ing interest charges collected under this section) and rent-
als of the public lands and the Outer Continental Shelf
under the provisions of the Mineral Leasing Act, and the
Outer Continental Shelf Lands Act, which are not payable
to a State or the Reclamation Fund. The portion of any
such interest payment attributable to any amounts pre-
viously disbursed to a State, the Reclamation Fund, or
any other recipient designated by law shall be deducted
from the next disbursements to that recipient made under
424
the applicable law. Such amounts deducted from subse-
quent disbursements shall be credited to miscellaneous re-
ceipts in the Treasury.’’.
(c) LIMITATION ON INTEREST.—Section 111 of such
Act, as amended by subsection (b) of this Act, is further
amended by adding at the end the following:
‘‘(i) Upon a determination by the Secretary that an
excessive overpayment (based upon all obligations of a les-
see for a given reporting month) was made for the sole
purpose of receiving interest, interest shall not be paid on
the excessive amount of such overpayment. For purposes
of this Act, an ‘excessive overpayment’ shall be the amount
that any overpayment a lessee pays for a given reporting
month (excluding payments for demands for obligations
as a result of judicial or administrative proceedings for
settlement agreements and for other similar payments) for
the aggregate of all of its Federal leases exceeds 25 per-
cent of the total royalties paid that month for those
leases.’’.
(d) ESTIMATED PAYMENT.—Section 111 of such Act,
as amended by subsections (b) and (c) of this Act, is fur-
ther amended by adding at the end the following:
‘‘(j) A lessee may make a payment for the approxi-
mate amount of royalties (hereinafter in this subsection
‘estimated payment’) that would otherwise be due to the
425
Secretary for such lease to avoid underpayment or
nonpayment interest charges. When an estimated payment
is made, actual royalties become due at the end of the
month following the period covered by the estimated pay-
ment. If the lessee makes a payment for such actual royal-
ties, the lessee may apply the estimated payment to future
royalties. Any estimated payment may be adjusted, re-
couped, or reinstated at any time by the lessee.’’.
(e) VOLUME ALLOCATION OF OIL AND GAS PRODUC-
TION.—Section 111 of such Act (30 U.S.C. 1721), as
amended by subsections (b) through (d) of this Act, is
amended by adding at the end the following:
‘‘(k)(1) Except as otherwise provided by this sub-
section—
‘‘(A) a lessee of a lease in a unit or
communitization agreement which contains only
Federal leases with the same royalty rate and funds
distribution must report and pay royalties on oil and
gas production for each production month based on
the actual volume of production sold by or on behalf
of that lessee;
‘‘(B) a lessee of a lease in any other unit or
communitization agreement must report and pay
royalties on oil and gas production for each produc-
tion month based on the volume of oil and gas pro-
426
duced from such agreement and allocated to the
lease in accordance with the terms of the agreement;
and
‘‘(C) a lessee of a lease that is not contained in
a unit or communitization agreement must report
and pay royalties on oil and gas production for each
production month based on the actual volume of pro-
duction sold by or on behalf of that lessee.
‘‘(2) This subsection applies only to requirements for
reporting and paying royalties. Nothing in this subsection
is intended to alter a lessee’s liability for royalties on oil
or gas production based on the share of production allo-
cated to the lease in accordance with the terms of the
lease, a unit or communitization agreement, or any other
agreement.
‘‘(3) For any unit or communitization agreement, if
all lessees contractually agree to an alternative method of
royalty reporting and payment, the lessees may submit
such alternative method to the Secretary for approval and
make payments in accordance with such approved alter-
native method so long as such alternative method does not
reduce the amount of the royalty obligation.
‘‘(4) The Secretary shall grant an exception from the
reporting and payment requirements for marginal prop-
erties by allowing for any calendar year or portion thereof
427
royalties to be paid each month based on the volume of
production sold. Interest shall not accrue on the difference
for the entire calendar year or portion thereof between the
amount of oil and gas actually sold and the share of pro-
duction allocated to the lease until the beginning of the
month following calendar year or portion thereof. Any ad-
ditional royalties due or overpaid royalties and associated
interest shall be paid, refunded, or credited within six
months after the end of each calendar year in which royal-
ties are paid based on volumes of production sold. For
the purpose of this subsection, the term ‘marginal prop-
erty’ means a lease that produces on average the combined
equivalent of less than 15 barrels of oil per day or 90 thou-
sand cubic feet of gas per day, or a combination thereof,
determined by dividing the average daily production of do-
mestic crude oil and domestic natural gas from producing
wells on such lease by the number of such wells, unless
the Secretary, together with the State concerned, deter-
mines that a different production is more appropriate.
‘‘(5) Not later than two years after the date of the
enactment of this subsection, the Secretary shall issue any
appropriate demand for all outstanding royalty payment
disputes regarding who is required to report and pay roy-
alties on production from units and communitization
agreements outstanding on the date of the enactment of
428
this subsection, and collect royalty amounts owed on such
production.’’.
(f) PRODUCTION ALLOCATION.—Section 111 of such
Act (30 U.S.C. 1721), as amended by subsections (b)
through (e) of this Act, is amended by adding at the end
the following:
‘‘(l) The Secretary shall issue all determinations of
allocations of production for units and communitization
agreements within 120 days of a request for determina-
tion. If the Secretary fails to issue a determination within
such 120-day period, the Secretary shall waive interest
due on obligations subject to the determination until the
end of the month following the month in which the deter-
mination is made.’’.
SEC. 9517. LIMITATION ON ASSESSMENTS.
Section 111 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1721), as amended by
section 9516, is further amended by adding at the end
the following:
‘‘(m)(1) After the date of enactment of this sub-
section, the Secretary shall not impose any assessment for
any late payment or underpayment. After the date of en-
actment of this subsection, the Secretary may impose an
assessment only for erroneous reports submitted by lessees
subject to the limitations of paragraph (2). Nothing in this
429
section shall prohibit the Secretary from imposing pen-
alties or interest under other sections of this Act for late
payments or underpayments.
‘‘(2) No assessment for erroneous reports shall be im-
posed for 18 months following the date of enactment of
this subsection, or until the Secretary issues a final rule
which provides for imposition of an assessment only on
a lessee who chronically submits erroneous reports and
which establishes what constitutes chronic errors for a les-
see, whichever is later. However, if the Secretary deter-
mines during that 18-month period that the reporting
error rate for all reporters for all Federal leases has in-
creased by one-third for three consecutive report months
for either production reporting or royalty reporting over
the 12 months preceding the date of enactment of this
subsection, the Secretary may impose an assessment for
erroneous reports only for the increased category of report
under regulations in effect on the date of enactment of
this subsection.’’.
SEC. 9518. ALTERNATIVES FOR MARGINAL PROPERTIES.
(a) IN GENERAL.—The Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1701 et seq.), as
amended by section 9513 of this Act, is further amended
by adding at the end the following:
430
‘‘SEC. 116. ALTERNATIVES FOR MARGINAL PROPERTIES.
‘‘(a) SELLING THE REVENUE STREAM.—
‘‘(1) IN GENERAL.—Notwithstanding the provi-
sions of any lease to the contrary, upon request of
the lessee or a State under section 205(g), the Sec-
retary shall authorize a lessee for a marginal prop-
erty and for a lease, the administration of which is
not cost-effective for the Secretary to administer, to
make a prepayment in lieu of royalty payments
under the lease for the remainder of the lease term.
For the purposes of this section, the term ‘marginal
property’ has the same meaning given such term in
section 111(k)(4), unless the Secretary, together
with each State in which such marginal production
occurs, determines that a different definition of mar-
ginal property better achieves the purpose of this
section.
‘‘(2) MARGINAL
PROPERTIES.—For marginal
properties, prepayments under paragraph (1) shall
begin—
‘‘(A) in the case of those properties pro-
ducing on average $500 or less per month in
total royalties to the United States, two years
after the date of the enactment of this section;
‘‘(B) in the case of those properties pro-
ducing on average more than $500 but $1,000
431
or less per month in total royalties to the Unit-
ed States, three years after the date of the en-
actment of this section;
‘‘(C) in the case of those properties pro-
ducing on average more than $1,000 but
$1,500 or less per month in total royalties to
the United States, four years after the date of
the enactment of this section; and
‘‘(D) in the case of those properties not de-
scribed in subparagraphs (A) through (C), five
years after the date of the enactment of this
section.
‘‘(3) ADMINISTRATION NOT COST-EFFECTIVE.—
For a lease, the administration of which is not cost-
effective for the Secretary to administer, prepay-
ments under paragraph (1) shall begin on the date
of the enactment of this section.
‘‘(4) SATISFACTION
OF
ROYALTY
OBLIGA-
TION.—A lessee who makes a prepayment under this
section shall have satisfied in full its obligation to
pay royalty on production from the lease or a por-
tion of a lease and shall not be required to submit
any royalty reports to the Secretary. The prepay-
ment shall be shared by the Secretary with any
432
State or other recipient to the same extent as any
royalty payment for such lease.
‘‘(5) VALUATION.—The prepayment authorized
under this section shall only occur if the Secretary,
the State concerned, and the lessee determine that
such prepayment is based on the present value of
the projected remaining royalties from the produc-
tion from the lease, based on appropriate nominal
discount rate for a comparable term. Prior to ac-
cepting such prepayment, the Secretary and State
concerned shall agree that such prepayment is in the
best interest of the United States and the State con-
cerned.
‘‘(b) ALTERNATIVE ACCOUNTING AND AUDITING RE-
QUIREMENTS.—
‘‘(1) IN GENERAL.—Within one year after the
date of the enactment of this section, for the mar-
ginal properties referenced in subsection (a)(1), the
Secretary shall provide accounting, reporting, and
auditing relief that will encourage lessees to continue
to produce and develop such properties: Provided,
That such relief will only be available to lessees in
a State that concurs. Prior to granting such relief,
the Secretary and the State concerned shall agree
that the type of marginal wells and relief provided
433
under this paragraph is in the best interest of the
United States and the State concerned.
‘‘(2) PAYMENT
DATE.—For leases subject to
this section, the Secretary may allow royalties to be
paid later than the time specified in the lease.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in section 1 of such Act (30 U.S.C. 1701) is amended by
adding after the item relating to section 115 the following
new item:
‘‘Sec. 116. Alternatives for marginal properties.’’.
SEC. 9519. ROYALTY IN KIND.
(a) IN GENERAL.—
(1) OCS.—Section 27(a)(1) of the Outer Con-
tinental Shelf Lands Act (43 U.S.C. 1353(a)(1)) is
amended by adding at the end the following:
‘‘Any royalty or net profit share of oil or gas accruing
to the United States under any such lease, at the Sec-
retary’s option, may be taken in kind at or near the lease
(unless the lease expressly provides for delivery at a dif-
ferent location) upon prior written notice given reasonably
in advance by the Secretary to the lessee. Once the United
States has commenced taking royalty in kind, it shall con-
tinue to do so until a reasonable time after the Secretary
has provided written notice reasonably in advance to the
lessee that it will resume taking royalty in value. Delivery
434
of royalty in kind by the lessee shall satisfy in full the
lessee’s royalty obligation. Once the oil or gas is delivered,
the lessee shall not be subject to the reporting and record-
keeping requirements under section 103 for its share of
oil and gas production other than records necessary to ver-
ify the quantity of oil or gas delivered.’’.
(2) ONSHORE.—Section 36 of the Mineral
Leasing Act (30 U.S.C. 192) is amended by adding
at the end the following undesignated paragraph:
‘‘Notwithstanding the provisions of the previous para-
graph, any royalty or net profit share of oil or gas accru-
ing to the United States under any lease issued or main-
tained by the Secretary for the exploration, production
and development of oil and gas on Federal lands, at the
Secretary’s option, may be taken in kind at or near the
lease (unless the lease expressly provides for delivery at
a different location) after prior written notice given rea-
sonably in advance by the Secretary to the lessee. Once
the United States has commenced taking royalty in kind,
it shall continue to do so until a reasonable time after the
Secretary has provided written notice reasonably in ad-
vance to the lessee that it will resume taking royalty in
value. Delivery of royalty in kind by the lessee shall satisfy
in full the lessee’s royalty obligation. Once the oil or gas
is delivered, the lessee shall not be subject to the reporting
435
and recordkeeping requirements under section 103 for its
share of oil and gas production other than records nec-
essary to verify the quantity of oil or gas delivered.’’.
(b) SALE.—Sections 27(b)(1) and (c)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1353(c)(1)) are
each amended by striking ‘‘competitive bidding for not
more than its regulated price, or, if no regulated price ap-
plies, not less than its fair market value’’ and inserting
‘‘competitive bidding or private sale’’.
SEC. 9520. ROYALTY SIMPLIFICATION AND COST-EFFEC-
TIVE AUDIT AND COLLECTION REQUIRE-
MENTS.
(a) IN GENERAL.—Section 101 of the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C.
1711) is amended by adding at the end the following:
‘‘(d)(1) For the purpose of reducing costs and in-
creasing net royalties to the United States and the States,
the Secretary, in consultation with States concerned, shall,
within one year after the date of the enactment of this
subsection, streamline and simplify current royalty man-
agement requirements and practices, including royalty re-
porting, instructions, audits and collections. This stream-
lining and simplification shall specifically include—
‘‘(A) elimination of all unnecessary royalty and
production reports;
436
‘‘(B) modification and simplification of remain-
ing reports and associated instructions to eliminate
redundant or unnecessary reports and information
that are provided or can be obtained from other re-
quired reports, forms, computer databases or gov-
ernment agencies;
‘‘(C) elimination or modifications of accounting,
reporting, audit and collection requirements that are
not cost-effective, particularly those associated with
de minimis monetary amounts;
‘‘(D) implementation of specific recommenda-
tions and comments contained in Secretarial spon-
sored teams, rulemakings, and studies or those par-
ticipated in by the Secretary to the extent these rec-
ommendations simplify and streamline royalty man-
agement requirements without adversely affecting
the Secretary’s ability to meet obligations under this
Act or other mineral leasing statutes;
‘‘(E) recommendations and comments submit-
ted by interested parties to the extent these rec-
ommendations and comments simplify and stream-
line royalty management requirements without ad-
versely affecting the Secretary’s ability to meet obli-
gations under this Act or other mineral leasing stat-
utes.
438
‘‘(5) The Secretary and the State concerned shall de-
velop a reporting and audit strategy which eliminates mul-
tiple or redundant reporting of information.’’.
(b) PAPERWORK REDUCTION.—Section 107 of the
Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1717), as amended by section 9513(b) and (c),
is amended by adding at the end the following:
‘‘(e) PAPERWORK REDUCTION.—Administrative ac-
tions and investigations (including, but not limited to, ac-
counting collection and audits) under this Act involving
obligations shall be subject to section 3518(c)(1)(B) of
title 44, United States Code.’’.
SEC. 9521. REPEALS.
(a) FOGRMA.—Section 307 of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1755),
is repealed. Section 1 of such Act (relating to the table
of contents) is amended by striking out the item relating
to section 307.
(b) OCSLA.—Effective on the date of the enactment
of this Act, section 10 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1339) is repealed.
SEC. 9522. DELEGATION TO STATES.
(a) GENERAL AUTHORITY.—Section 205(a) of the
Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1735(a)) is amended to read as follows:
439
‘‘(a) Upon written request of any State, the Secretary
is authorized to delegate, in accordance with the provisions
of this section, all or part of the authorities and respon-
sibilities of the Secretary under this Act to conduct inspec-
tions, such production and royalty accounting duties and
responsibilities as the Secretary determines are legally del-
egable, all audit coverage, and investigations to any State
with respect to all Federal lands within the State.’’.
(b) STANDARDIZED REPORTING.—Section 205(b) of
such Act (30 U.S.C. 1735(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the comma at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (3) the follow-
ing:
‘‘(4) the State agrees to adopt Federal stand-
ardized reporting for Federal royalty accounting and
collection purposes,’’.
(c) COST EFFECTIVE COLLECTION OF DE MINIMIS
ROYALTY AMOUNTS.—Section 205 of such Act (30 U.S.C.
1735) is amended by adding at the end the following:
‘‘(g) Upon written request of any State, the Secretary
is authorized to delegate for any year the responsibility
to collect royalties from all Federal leases within the State
440
if the average amount per year of mineral revenues re-
ceived by the State on all such leases under all Federal
mineral leasing laws for the previous five years is less than
$100,000. The State may also request that the Secretary
sell the revenue stream from all or part of the Federal
leases within the State in accordance with section 116 of
the Federal Oil and Gas Royalty Management Act of
1982, as added by section 9518 of the Federal Oil and
Gas Royalty Simplification and Fairness Act of 1995.’’.
SEC. 9523. PERFORMANCE STANDARD.
Section 109 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1719) is amended in sub-
sections (c) and (d), by striking ‘‘knowingly or willfully’’
and inserting ‘‘by willful misconduct or gross negligence’’
each place it appears.
SEC. 9524. INDIAN LANDS.
The amendments made by this part shall not apply
with respect to Indian lands, and the provisions of the
Federal Oil and Gas Royalty Management Act of 1982
as in effect on the day before the date of enactment of
this Act shall continue to apply after such date with re-
spect to Indian lands.
SEC. 9525. PRIVATE LANDS.
This part shall not apply to any privately owned min-
erals.
441
SEC. 9526. EFFECTIVE DATE.
Except as provided by section 115(e), section 111(h),
section 111(k)(5), and section 116 of the Federal Oil and
Gas Royalty Management Act of 1982 (as added by this
part), this part, and the amendments made by this part,
shall apply with respect to the production of oil and gas
after the first day of the month following the date of the
enactment of this Act.
Subtitle F—Indian Gaming and
Health
PART 1—INDIAN GAMING
SEC. 9601. INDIAN GAMING.
(a) COMMISSION FUNDING.—Section 18(a) of the In-
dian Gaming Regulatory Act (25 U.S.C. 2717(a)) is
amended by striking out ‘‘$1,500,000’’ each place it ap-
pears and inserting in lieu thereof ‘‘$2,500,000’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
19(a) of the Indian Gaming Regulatory Act (25 U.S.C.
2718(a)) is amended by striking out all after ‘‘(a)’’ and
inserting in lieu thereof the following: ‘‘Notwithstanding
the provisions of section 18, no funds may be authorized
to be appropriated for the operation of the Commission.’’.
442
PART 2—INDIAN HEALTH: MEDICAID
SEC. 9611. HEALTH CARE FACILITIES.
(a) TREATMENT OF PAYMENTS.—Section 402 of the
Indian Health Care Improvement Act (25 U.S.C. 1642)
is amended—
(1) in the first sentence of subsection (a), by in-
serting ‘‘, Indian Tribe, tribal organization, or urban
Indian organization’’ after ‘‘Service’’ each place it
appears; and
(2) in the second sentence of subsection (a), by
inserting ‘‘, Indian Tribe, tribal organization, or
urban Indian organization’’ after ‘‘facilities of the
Service’’.
(b) ELIGIBILITY
FOR
REIMBURSEMENT.—Section
1911 of the Social Security Act (42 U.S.C. 1396j) is
amended in subsection (a), by inserting ‘‘, Indian Tribe,
tribal organization, or urban Indian organization’’ after
‘‘Indian Health Service’’.
SEC. 9612. PROVIDER REIMBURSEMENT.
Section 402 of the Indian Health Care Improvement
Act (25 U.S.C. 1642) is amended by adding the following
new subsections:
‘‘(c) Notwithstanding any other provision of law, a
health program of the Indian Health Service, an Indian
tribe, tribal organization, or urban Indian organization,
that is eligible for reimbursement for medical assistance
443
under title XIX of the Social Security Act shall be eligible
to participate in, and receive reimbursement for medical
assistance provided to individuals served under any State
plan authorized under any law which succeeds such title
XIX on the same basis as any other health care provider
in the State in which the health program of the Indian
Health Service, an Indian tribe, tribal organization, or
urban Indian organization is operated.
‘‘(d) Nothing in this section, or any other law, shall
prevent an Indian eligible for services through an Indian
health program from participating in any State plan au-
thorized under any law which succeeds such title XIX.
‘‘(e) Nothing in this section, or any other law, shall
authorize a State to deny or limit payments to any pro-
vider for medical assistance for items or services to Indi-
ans.
‘‘(f) Any State that authorizes a health plan under
any law which succeeds such title XIX or applies for a
waiver under section 1115 of title XIX of the Social Secu-
rity Act shall consult with the Indian tribes located within
the State in the development of the health plan’s stand-
ards.’’.
SEC. 9613. STUDY.
The Secretary of Health and Human Services shall
conduct a comprehensive study of the number of Indians
640
year from the last day of the 3-year period re-
ferred to in paragraph (1).
‘‘(ii) In the case of a major disaster occurring
on or after January 1, 1994, and before the date of
the enactment of this paragraph—
‘‘(I) the Customs Service may extend the
time for filing the drawback claim for a period
not to exceed 1 year; and
‘‘(II) the request under clause (i)(II) must
be filed not later than 1 year from the date of
the enactment of this paragraph.
‘‘(B) If an extension is granted with respect to
a request filed under this paragraph, the periods of
time for retaining records set forth in subsection (t)
of this section and section 508(c)(3) shall be ex-
tended for an additional 18 months or, in a case to
which subparagraph (A)(ii) applies, for a period not
to exceed 1 year from the date the claim is filed.
‘‘(C) For purposes of this paragraph, the term
‘major disaster’ has the meaning given that term in
section 102(2) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5122(2)).’’.