Federal Royalty Management Act of 1982

Summary

Federal Energy and Mineral Resources Act of 1982 - Authorizes the Secretary of the Interior to prescribe rules and regulations, relating to mineral resources on the Outer Continental Shelf, and Federal and Indian lands, necessary to: (1) determine and collect royalties on the production of mineral resources; (2) prepare and retain records; (3) file reports; (4) conduct audits; (5) enforce security at production sites and during the transportation of mineral resources; and (6) impose penalties for improperly conducting the above activities. Authorizes the Secretary in carrying out the above functions to: (1) apply rules and regulations promulgated under this Act to any existing mineral lease, permit, or application; and (2) contract with non-Federal personnel, as necessary. Sets forth the duties of interest holders, lessees, operators, and motor vehicle transporters. Requires any interest holder of any lease to: (1) make required royalty payments on time; and (2) notify the Secretary of any assignments of any interest in the lease. Requires any lessee to develop and comply with a site security plan in conformance with such minimum standards as the Secretary may prescribe. Requires any operator to: (1) notify the Secretary on the first day after beginning production of any new well; and (2) provide the Secretary with specified records and information. Requires any person engaged in transporting by motor vehicle any mineral resource from any lease site to carry documentation showing from whom the mineral resource was obtained and from where it was produced. Authorizes the Secretary to conduct any hearing or investigation necessary for royalty and lease management. Grants the Secretary the powers to conduct such investigations and hearings. Allows authorized representatives of the Secretary, including any appropriate State or Indian tribal law enforcement agency, to: (1) stop and inspect any motor vehicle that they have probable cause to believe is carrying a mineral resource and lacks the proper documentation; and (2) inspect lease sites to determine compliance with this Act. Prohibits advance notice of any inspection. Authorizes the Attorney General to bring a civil action to restrain violations of this Act or to compel the taking of any action required under any mineral leasing law. Requires any individual engaged in the business of developing, producing, transporting, marketing, or refining mineral resources to keep such records as the Secretary may require. Requires all sums paid under the Outer Continental Shelf Lands Act to be deposited in the Treasury and credited to miscellaneous receipts, except sums paid to the Offshore Oil Pollution Compensation Fund and the Fisherman's Contingency Fund. Provides for a refund or credit for the overpayment of such sums. Amends the Mineral Lands Leasing Act to provide that interest charges, and any other moneys, except civil penalties, collected under the Federal Energy and Mineral Resources Act of 1982, shall be paid into the Treasury. Directs the Secretary to include gross proceeds received from the sale of production of any mineral resource in valuing production for royalty purposes. States that no provision of the Emergency Petroleum Allocation Act of 1973 or regulation thereunder, concerning crude oil certifications or pricing, shall be deemed to apply to the Department of the Interior with respect to crude oil taken by the Department of the Interior in kind as royalty. Provides, under the Mineral Lands Leasing Act and the Outer Continental Shelf Lands Act, that royalty payments shall be due in amount or value of all production saved, removed, sold, used for exploration or production purposes, or lost or wasted from a lease, except gas which is flared with the Secretary's approval. Sets forth prohibited acts, such as: (1) submitting false reports; (2) refusing to permit an inspection; and (3) misrepresenting the nature or quality of any mineral resource. Sets a civil penalty of up to $10,000 a day for each day of non-compliance with the provisions of this Act. Authorizes the Secretary to impose additional penalties in certain instances. Sets forth criminal penalties for willfully committing acts prohibited under this Act. Exempts from disclosure any trade secret, proprietary, or privileged information obtained by the Secretary pursuant to this Act. Authorizes the Secretary to enter into a cooperative agreement with any State or Indian Tribe to share mineral royalty management information, to secure information, and to carry out inspections and audits. Provides that in case of conflict between provisions of this Act and any mineral leasing law the provisions of this Act control. Provides for: (1) up to one percent to be deducted from royalty collections, after payment of windfall profit taxes; and (2) such deductions to be calculated to equal the amount appropriated for royalty management activities.

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2 official files

• Reported to Senate with amendment(s)

  summary · EN · 30 July 1982

  Open at official source

• Introduced in Senate

  summary · EN · 30 March 1982

  Open at official source

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