Title 30 — Mineral Lands and Mining
Chapter 3A — Leases and Prospecting Permits
§ 191. Disposition of moneys received
Statutory text
In general
All money received from sales, bonuses, royalties including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982 [30 U.S.C. 1701 et seq.], and rentals of the public lands under the provisions of this chapter and the Geothermal Steam Act of 1970 [30 U.S.C. 1001 et seq.], shall be paid into the Treasury of the United States; and, subject to the provisions of subsection (b), 50 per centum thereof shall be paid by the Secretary of the Treasury to the State other than Alaska within the boundaries of which the leased lands or deposits are or were located; said moneys paid to any of such States on or after , to be used by such State and its subdivisions, as the legislature of the State may direct giving priority to those subdivisions of the State socially or economically impacted by development of minerals leased under this chapter, for (i) planning, (ii) construction and maintenance of public facilities, and (iii) provision of public service; and excepting those from Alaska, 40 per centum thereof shall be paid into, reserved, appropriated, as part of the reclamation fund created by the Act of Congress known as the Reclamation Act, approved , and of those from Alaska, 90 per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof: Provided, That all moneys which may accrue to the United States under the provisions of this chapter and the Geothermal Steam Act of 1970 from lands within the naval petroleum reserves shall be deposited in the Treasury as “miscellaneous receipts”, as provided by section 8733(b) of title 10. All moneys received under the provisions of this chapter and the Geothermal Steam Act of 1970 not otherwise disposed of by this section shall be credited to miscellaneous receipts. Payments to States under this section with respect to any moneys received by the United States, shall be made not later than the last business day of the month in which such moneys are warranted by the United States Treasury to the Secretary as having been received, except for any portion of such moneys which is under challenge and placed in a suspense account pending resolution of a dispute. Such warrants shall be issued by the United States Treasury not later than 10 days after receipt of such moneys by the Treasury. Moneys placed in a suspense account which are determined to be payable to a State shall be made not later than the last business day of the month in which such dispute is resolved. Any such amount placed in a suspense account pending resolution shall bear interest until the dispute is resolved.
Deduction for administrative costs
In determining the amount of payments to the States under this section, beginning in fiscal year 2014 and for each year thereafter, the amount of such payments shall be reduced by 2 percent for any administrative or other costs incurred by the United States in carrying out the program authorized by this chapter, and the amount of such reduction shall be deposited to miscellaneous receipts of the Treasury.
Rentals received on or after
Notwithstanding the first sentence of subsection (a), any rentals received from leases in any State (other than the State of Alaska) on or after , shall be deposited in the Treasury, to be allocated in accordance with paragraph (2).
Of the amounts deposited in the Treasury under paragraph (1)—
50 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the leased land is located or the deposits were derived; and
50 percent shall be deposited in a special fund in the Treasury, to be known as the “BLM Permit Processing Improvement Fund” (referred to in this subsection as the “Fund”).
Use of fund.—
In general.—
The Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land.
Accounts.—
The Secretary shall divide the Fund into—
a Rental Account (referred to in this subsection as the “Rental Account”) comprised of rental receipts collected under this section; and
a Fee Account (referred to in this subsection as the “Fee Account”) comprised of fees collected under subsection (d).
Rental account.—
In general.—
The Secretary shall use the Rental Account for—
the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land under the jurisdiction of the Project offices identified under section 15924(d) of title 42; and
training programs for development of expertise related to coordinating and processing oil and gas use authorizations.
Allocation.—
In determining the allocation of the Rental Account among Project offices for a fiscal year, the Secretary shall consider—
the number of applications for permit to drill received in a Project office during the previous fiscal year;
the backlog of applications described in clause (i) in a Project office;
publicly available industry forecasts for development of oil and gas resources under the jurisdiction of a Project office; and
any opportunities for partnership with local industry organizations and educational institutions in developing training programs to facilitate the coordination and processing of oil and gas use authorizations.
Fee account.—
In general.—
The Secretary shall use the Fee Account for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land.
Allocation.—
The Secretary shall transfer not less than 75 percent of the revenues collected by an office for the processing of applications for permits to the State office of the State in which the fees were collected.
BLM oil and gas permit processing fee
In general
Notwithstanding any other provision of law, for each of fiscal years 2016 through 2026, the Secretary, acting through the Director of the Bureau of Land Management, shall collect a fee for each new application for a permit to drill that is submitted to the Secretary.
Amount
The amount of the fee shall be $9,500 for each new application, as indexed for United States dollar inflation from (as measured by the Consumer Price Index).
Use
Of the fees collected under this subsection for a fiscal year, the Secretary shall transfer—
for each of fiscal years 2016 through 2019—
15 percent to the field offices that collected the fees and used to process protests, leases, and permits under this chapter, subject to appropriation; and
85 percent to the BLM Permit Processing Improvement Fund established under subsection (c)(2)(B) (referred to in this subsection as the “Fund”); and
for each of fiscal years 2020 through 2026, all of the fees to the Fund.
Additional costs
During each of fiscal years of 2016 through 2026, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for permits to drill.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Prohibition Act
Pub. L. 66–85 § 35 · 41 Stat. 305
Enacted · 30 U.S.C. § 191
Feb. 25, 1920, ch. 85, § 35, 41 Stat. 450
Source evidence
Code source credit
Feb. 25, 1920, ch. 85, § 35, 41 Stat. 450Enacted provision · exact public law section
Sec. 35. All provisions of law that are inconsistent with this Act Repeal of inconsistent laws. are repealed only to the extent of such inconsistency and the regulations herein provided for the manufacture or traffic in intoxicating liquor shall be construed as in addition to existing laws. This Act No tax exemption. shall not relieve anyone from paying any taxes or other charges imposed Advance issue of stamps for illegal manufacture, etc., forbidden. upon the manufacture or traffic in such liquor. No liquor revenue stamps or tax receipts for any illegal manufacture or sale Double tax, etc., if manufactured. shall be issued in advance, but upon evidence of such illegal manufacture or sale a tax shall be assessed against, and collected from, the person responsible for such illegal manufacture or sale in double the Payment no immunity, etc. amount now provided by law, with an additional penalty of $500 on retail dealers and $1,000 on manufacturers. The payment of such tax or penalty shall give no right to engage in the manufacture or sale of such liquor, or relieve anyone from criminal liability, nor shall this Act relieve any person from any liability, civil or criminal, heretofore or hereafter incurred under existing laws. Compromise of civil actions. The commissioner, with the approval of the Secretary of the Treasury, may compromise any civil cause arising under this title before bringing action in court; and with the approval of the Attorney General he may compromise any such cause after action thereon has been commenced.Pub. L. 85–88 § 2 · 71 Stat. 282
Inserted · 30 U.S.C. § 191
Pub. L. 85–88 inserted “, and of those from Alaska 52½ per centum thereof shall be paid to the Territory of Alaska for disposition by the Legislature of the Territory of Alaska” before proviso
Source evidence
Code amendment note
Pub. L. 85–88 inserted “, and of those from Alaska 52½ per centum thereof shall be paid to the Territory of Alaska for disposition by the Legislature of the Territory of Alaska” before proviso.Enacted provision · exact public law section
Sec. 2. Section 35 of the Act entitled “An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public 41 stat. 450. domain”, approved February 25, 1920, as amended (30 U. S. C. 191), is hereby amended by inserting immediately before the colon preceding the first proviso thereof the following: “, and of those from Alaska 52½ per centum thereof shall be paid to the Territory of Alaska for disposition by the Legislature of the Territory of Alaska”.Pub. L. 85–508 · 72 Stat. 339
Struck · 30 U.S.C. § 191
Pub. L. 85–508, §§ 6(k), 28(b), struck out provisions which related to disposition of proceeds or income derived by the United States from mineral school sections in the Territory of Alaska
Substituted · 30 U.S.C. § 191
Pub. L. 85–508, §§ 6(k), 28(b), substituted “, and of those from Alaska 52½ per centum thereof shall be paid to the State of Alaska for disposition by the legislators thereof” for “, and of those from Alaska 52½ per centum thereof shall be paid to the Territory of Alaska for disposition by the Legislature of the Territory of Alaska” before proviso
Source evidence
Code amendment note
Pub. L. 85–508, §§ 6(k), 28(b), struck out provisions which related to disposition of proceeds or income derived by the United States from mineral school sections in the Territory of Alaska and substituted “, and of those from Alaska 52½ per centum thereof shall be paid to the State of Alaska for disposition by the legislators thereof” for “, and of those from Alaska 52½ per centum thereof shall be paid to the Territory of Alaska for disposition by the Legislature of the Territory of Alaska” before proviso.Fiscal Year Adjustment Act
Pub. L. 94–273 § 6(2) · 90 Stat. 375
Substituted · 30 U.S.C. § 191
Pub. L. 94–273 substituted “March” for “December”
Substituted · 30 U.S.C. § 191
Pub. L. 94–273 substituted “September” for “June”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 94–273 substituted “March” for “December” and “September” for “June”.Enacted provision · exact public law section
(2) section 35 of the Act of February 25, 1920, as amended (30 U.S.C. 191); andFederal Coal Leasing Amendments Act of 1975
Pub. L. 94–377 § 9 · 90 Stat. 1083
Substituted · 30 U.S.C. § 191
Pub. L. 94–377 substituted “40 per centum thereof shall be paid into, reserved” for “52½ per centum thereof shall be paid into, reserved”
Inserted · 30 U.S.C. § 191
Pub. L. 94–377 inserted “and the Geothermal Steam Act of 1970, notwithstanding the provisions of section 20 thereof” before “shall be paid into the Treasury of the United States”, “and the Geothermal Steam Act of 1970” before “from lands within the naval petroleum reserves” and before “not otherwise disposed of by this section”, and provisos relating to the payment of an additional 12½ per centum of all money received from lands under provisions of this chapter and the Geothermal Steam Act of 1970 to the State within whose boundaries the lands are located, to be used for construction of public facilities, and relating to the use of funds received by Colorado and Utah under the specified leases
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 94–377 substituted “40 per centum thereof shall be paid into, reserved” for “52½ per centum thereof shall be paid into, reserved”, inserted “and the Geothermal Steam Act of 1970, notwithstanding the provisions of section 20 thereof” before “shall be paid into the Treasury of the United States”, “and the Geothermal Steam Act of 1970” before “from lands within the naval petroleum reserves” and before “not otherwise disposed of by this section”, and provisos relating to the payment of an additional 12½ per centum of all money received from lands under provisions of this chapter and the Geothermal Steam Act of 1970 to the State within whose boundaries the lands are located, to be used for construction of public facilities, and relating to the use of funds received by Colorado and Utah under the specified leases.Enacted provision · exact public law section
Sec. 9. (a) Section 35 of the Mineral Lands Leasing Act, as amended (30 U.S.C. 191) is further amended by deleting “52½ per centum thereof shall be paid into, reserved” and inserting in lieu thereof: “40 per centum thereof shall be paid into, reserved”, and is further amended by striking the period at the end of the proviso and inserting in lieu thereof the following language: “: Provided further, That an additional 12)4 per centum of all moneys received from sales, bonuses, royalties, and rentals of public lands under the provisions of this Act and the Geothermal Steam Act of 1970 shall be paid by the Secretary 30 USC 1001 note. of the Treasury as soon as practicable after December 31 and June 30 of each year to the State within the boundaries of which the leased lands or deposits are or were located; said additional 12½ per centum of all moneys paid to any State on or after January 1, 1976, shall be used by such State and its subdivisions as the legislature of the State may direct giving priority to those subdivisions of the State socially or economically impacted by development of minerals leased under this Act for (1) planning, (2) construction and maintenance of public facilities, and (3) provision of public services: Provided further, That such funds now held or to be received, by the States of Colorado and Utah separately from the Department of the Interior oil shale test leases known as ‘C–A’; ‘C–B’; ‘U–A’ and ‘U–B’ shall be used by such States and subdivisions as the legislature of each State may 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.”. (b) In the first sentence of section 35 of the Mineral Lands Leasing 30 USC 191. Act, before the words “shall be paid into the Treasury of the United States” insert “and the Geothermal Steam Act of 1970, notwithstanding the provisions of section 20 thereof,”; before the words “from lands within the naval petroleum reserves” insert “and the Geothermal Steam Act of 1970”; and, in the second sentence, before the words “not otherwise disposed of” insert “and the Geothermal Steam Act of 1970”.Pub. L. 94–422 title III § 301 · 90 Stat. 1313
Inserted · 30 U.S.C. § 191
Pub. L. 94–422 inserted proviso that all moneys paid to any State from sales, bonuses, royalties, and rentals of oil shale in public lands may be used by any State for planning, construction, and maintenance of public facilities as legislature of State may direct
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 94–422 inserted proviso that all moneys paid to any State from sales, bonuses, royalties, and rentals of oil shale in public lands may be used by any State for planning, construction, and maintenance of public facilities as legislature of State may direct.Enacted provision · exact public law section
Sec. 301. Section 35 of the Act of February 25, 1920 (41 Stat. 450), Disposition of moneys received. as amended (30 U.S.C. 191), is further amended by striking the period at the end of the proviso and inserting in lieu thereof the language as follows: “: And provided further, That all moneys paid to any State from sales, bonuses, royalties, and rentals of oil shale in public lands may be used by such State and its subdivisions for planning, construction, and maintenance of public facilities, and provision of public services, as the legislature of the State may direct, giving priority to those subdivisions of the State socially or economically impacted by the development of the resource. ”.Pub. L. 94–579 title III § 317(a) · 90 Stat. 2743
Substituted · 30 U.S.C. § 191
Pub. L. 94–579 substituted provisions setting forth determination of amount, time for payments, and manner of expenditure by the States of all moneys received from sales, etc., under provisions of this chapter and the Geothermal Steam Act of 1970, and proviso relating to naval petroleum reserve moneys, for provisions setting forth determination of amount and time for payment to the States of all moneys received from sales, etc., under the provisions of this chapter, and provisos relating to naval petroleum reserve moneys, additional moneys from sales, etc., under this chapter and the Geothermal Steam Act of 1970, and expenditure of State oil shale funds
Source evidence
Code amendment note
Pub. L. 94–579 substituted provisions setting forth determination of amount, time for payments, and manner of expenditure by the States of all moneys received from sales, etc., under provisions of this chapter and the Geothermal Steam Act of 1970, and proviso relating to naval petroleum reserve moneys, for provisions setting forth determination of amount and time for payment to the States of all moneys received from sales, etc., under the provisions of this chapter, and provisos relating to naval petroleum reserve moneys, additional moneys from sales, etc., under this chapter and the Geothermal Steam Act of 1970, and expenditure of State oil shale funds.Enacted provision · exact public law section
(a) Section 35 of the Act of February 25, 1920 (41 Stat. 437, 450; 30 U.S.C. 181, 191), as amended, is further amended to read as follows: “All money received from sales, bonuses, royalties, and rentals of the public lands under the provisions of this Act and 30 USC 1001 note. the Geothermal Steam Act of 1970, notwithstanding the provisions of section 20 thereof, shall be paid into the Treasury of the United States; 50 per centum thereof shall be paid by the Secretary of the Treasury as soon as practicable after March 31 and September 30 of each year to the State other than Alaska within the boundaries of which the leased lands or deposits are or were located; said moneys paid to any of such States on or after January 1, 1976, to be used by such State and its subdivisions, as the legislature of the State may direct giving priority to those subdivisions of the State socially or economically impacted by development of minerals leased under this Act, for (i) planning, (ii) construction and maintenance of public facilities, and (iii) provision of public service; and excepting those from Alaska, 40 per centum thereof shall be paid into, reserved, appropriated, as part of the reclamation fund created by the Act of Congress known as the Reclamation Act, approved June 17, 1902, 43 USC 391 note. and of those from Alaska as soon as practicable after March 31 and September 30 of each year, 90 per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof: Provided, That all moneys which may accrue to the United States under the provisions of this Act and the Geothermal Steam Act of 1970 30 USC 1001 note. from lands within the naval petroleum reserves shall be deposited in the Treasury as ‘miscellaneous receipts’, as provided by the Act of June 4, 1920 (41 Stat, 813), as amended June 30, 1938 (52 Stat. 1252). All moneys received under the provisions of this Act and the Geothermal Steam Act of 1970 not otherwise disposed of by this section Shall be credited to miscellaneous receipts.”.Pub. L. 97–451 § 111(g) · 96 Stat. 2447
Inserted · 30 U.S.C. § 191
Pub. L. 97–451, § 111(g), inserted reference to interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982
Source evidence
Code amendment note
Pub. L. 97–451, § 111(g), inserted reference to interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982.Enacted provision · exact public law section
(g) 30 USC 191. The first sentence of section 35 of the Act of February 25, 1920 is amended by inserting “including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982” between “royalties” and “and”.Pub. L. 97–451 § 104(a) · 96 Stat. 2447
Struck · 30 U.S.C. § 191
Pub. L. 97–451, § 104(a), struck out “as soon as practicable after March 31 and September 30 of each year” after “Secretary of the Treasury” and “of those from Alaska”
Inserted · 30 U.S.C. § 191
Pub. L. 97–451, § 104(a), inserted at end provisions directing that payments to States be made not later than the last business day of the month in which such moneys are warranted by the United States Treasury to the Secretary as having been received, that warrants be issued by the Treasury not later than 10 days after receipt of the money by the Treasury, that moneys placed in a suspense account which are determined to be payable to a State be made not later than the last business day of the month in which a dispute is resolved, and that amounts placed in a suspense account pending resolution bear interest until the dispute is resolved
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 97–451, § 104(a), struck out “as soon as practicable after March 31 and September 30 of each year” after “Secretary of the Treasury” and “of those from Alaska”, and inserted at end provisions directing that payments to States be made not later than the last business day of the month in which such moneys are warranted by the United States Treasury to the Secretary as having been received, that warrants be issued by the Treasury not later than 10 days after receipt of the money by the Treasury, that moneys placed in a suspense account which are determined to be payable to a State be made not later than the last business day of the month in which a dispute is resolved, and that amounts placed in a suspense account pending resolution bear interest until the dispute is resolved.Enacted provision · exact public law section
(a) Section 35 of the Mineral Lands Leasing Act of 1920 (approved February 25, 1920; 41 Stat. 437; 30 U.S.C. 191) is amended by deleting “as soon as practicable after March 31 and September 30 of each year” and by adding at the end thereof “Payments to States under this section with respect to any moneys received by the United States, shall be made not later than the last business day of the month in which such moneys are warranted by the United States Treasury to the Secretary as having been received, except for any portion of such moneys which is under challenge and placed in a suspense account pending resolution of a dispute. Such warrants shall be issued by the United States Treasury not later than 10 days after receipt of such moneys by the Treasury. Moneys placed in a suspense account which are determined to be payable to a State shall be made not later than the last business day of the month in which such dispute is resolved. Any such amount placed in a suspense account pending resolution shall bear interest until the dispute is resolved.”.Pub. L. 100–203 title V § 5109 · 101 Stat. 1330
Inserted · 30 U.S.C. § 191
Pub. L. 100–203 inserted at end “In determining the amount of payments to States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”
Source evidence
Code amendment note
Pub. L. 100–203 inserted at end “In determining the amount of payments to States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”Enacted provision · exact public law section
SEC. 5109. PAYMENTS TO STATES. Section 35 of the Act of February 25, 1920 (30 U.S.C. 191) is amended by adding the following at the end thereof: “In determining the amount of payments to States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”.Geothermal Steam Act Amendments of 1988
Pub. L. 100–443 § 5(b) · 102 Stat. 1766
Struck · 30 U.S.C. § 191
Pub. L. 100–443 struck out “notwithstanding the provisions of section 20 thereof,” before “shall be paid”
Source evidence
Code amendment note
Pub. L. 100–443 struck out “notwithstanding the provisions of section 20 thereof,” before “shall be paid”.Enacted provision · exact public law section
(b) Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by striking “notwithstanding the provisions of section 20 thereof,”.Omnibus Budget Reconciliation Act of 1993
Pub. L. 103–66 title X § 10201 · 107 Stat. 312
Struck · 30 U.S.C. § 191
Pub. L. 103–66 struck out last sentence
Inserted · 30 U.S.C. § 191
Pub. L. 103–66 designated remaining provisions as subsec. (a) and in first sentence inserted “and, subject to the provisions of subsection (b),” before “50 per centum”
Added · 30 U.S.C. § 191
Pub. L. 103–66 added subsec. (b). Prior to amendment, last sentence read as follows: “In determining the amount of payments to States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”
Source evidence
Code amendment note
Pub. L. 103–66 struck out last sentence, designated remaining provisions as subsec. (a) and in first sentence inserted “and, subject to the provisions of subsection (b),” before “50 per centum”, and added subsec. (b). Prior to amendment, last sentence read as follows: “In determining the amount of payments to States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”Enacted provision · exact public law section
SEC. 10201. AMENDMENT TO THE MINERAL LEASING ACT. Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended as follows: (1) Delete the last sentence and redesignate the remaining language as subsection (a). (2) Amend subsection (a) by inserting “and, subject to the provisions of subsection (b),” between the words “United States;” and “50 per centum”. (3) Add a new subsection (b) as follows: “(b) (1) In calculating the amount to be paid to States during Intergovernmental relations. any fiscal year under this section or under any other provision of law requiring payment to a State of any revenues derived from the leasing of any onshore lands or interest in land owned by the United States for the production of the same types of minerals leasable under this Act or of geothermal steam, 50 percent of the portion of the enacted appropriation of the Department of the Interior and any other agency during the preceding fiscal year allocable to the administration of all laws providing for the leasing of any onshore lands or interest in land owned by the United States for the production of the same types of minerals leasable under this Act or of geothermal steam, and to enforcement of such laws, shall be deducted from the receipts derived under those laws in approximately equal amounts each month (subject to paragraph (4)) prior to the division and distribution of such receipts between the States and the United States. “(2) The proportion of the deduction provided in paragraph (1) allocable to each State shall be determined by dividing the monies disbursed to the State during the preceding fiscal year derived from onshore mineral leasing referred to in paragraph (1) in that State by the total money disbursed to States during the preceding fiscal year from such onshore mineral leasing in all States. “(3) In the event the deduction apportioned to any State under this subsection exceeds 50 percent of the Secretary of the Interior’s estimate of the amounts attributable to onshore mineral leasing referred to in paragraph (1) within that State during the preceding fiscal year, the deduction from receipts received from leases in that State shall be limited to such estimated amounts and the total amount to be deducted from such onshore mineral leasing receipts shall be reduced accordingly. “(4) If the amount otherwise deductible under this subsection in any month from the portion of receipts to be distributed to a State exceeds the amount payable to the State during that month, any amount exceeding the amount payable shall be carried forward and deducted from amounts payable to the State in subsequent months. If any amount remains to be carried forward at the end of the fiscal year, such amount shall not be deducted from any disbursements in any subsequent fiscal year. “(5) All deductions to be made pursuant to this subsection shall be made in full during the fiscal year in which such deductions were incurred.”.Mineral Revenue Payments Clarification Act of 2000
Pub. L. 106–393 title V § 503 · 114 Stat. 1607
Amended · 30 U.S.C. § 191(b)
Pub. L. 106–393 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to deductions for administration from the amount to be paid to States under this section or under other laws requiring payment to a State of revenues derived from the leasing of onshore lands owned by the United States for the production of the same types of minerals leasable under this chapter or of geothermal steam
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–393 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to deductions for administration from the amount to be paid to States under this section or under other laws requiring payment to a State of revenues derived from the leasing of onshore lands owned by the United States for the production of the same types of minerals leasable under this chapter or of geothermal steam.Enacted provision · exact public law section
SEC. 503. AMENDMENT OF THE MINERAL LEASING ACT. Section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)) is amended to read as follows: “(b) In determining the amount of payments to the States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”.Energy Policy Act of 2005
Pub. L. 109–58 title III § 365(g) · 119 Stat. 594
Added · 30 U.S.C. § 191(c)
Pub. L. 109–58 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–58 added subsec. (c).Enacted provision · exact public law section
(g) Permit Processing Improvement Fund.— Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following: “(c) (1) Notwithstanding the first sentence of subsection (a), any rentals received from leases in any State (other than the State of Alaska) on or after the date of enactment of this subsection shall be deposited in the Treasury, to be allocated in accordance with paragraph (2). “(2) Of the amounts deposited in the Treasury under paragraph (1)— “(A) 50 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the leased land is located or the deposits were derived; and “(B) 50 percent shall be deposited in a special fund in the Treasury, to be known as the ‘BLM Permit Processing Improvement Fund’ (referred to in this subsection as the ‘Fund’). “(3) For each of fiscal years 2006 through 2015, the Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal land under the jurisdiction of the Pilot Project offices identified in section 365(d) of the Energy Policy Act of 2005.” .Bipartisan Budget Act of 2013
Pub. L. 113–67 div. A title III § 302 · 127 Stat. 1165
Amended · 30 U.S.C. § 191(b)
Pub. L. 113–67 amended subsec. (b) generally. Prior to amendment, text read as follows: “In determining the amount of payments to the States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 113–67 amended subsec. (b) generally. Prior to amendment, text read as follows: “In determining the amount of payments to the States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”Enacted provision · exact public law section
SEC. 302. AMENDMENT TO THE MINERAL LEASING ACT. Section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)) is amended to read as follows— “(b) Deduction for Administrative Costs.— In determining the amount of payments to the States under this section, beginning in fiscal year 2014 and for each year thereafter, the amount of such payments shall be reduced by 2 percent for any administrative or other costs incurred by the United States in carrying out the program authorized by this Act, and the amount of such reduction shall be deposited to miscellaneous receipts of the Treasury.” .Military Construction Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 3021(c)(1) · 128 Stat. 3292
Added · 30 U.S.C. § 191(c)(3)(5)
Pub. L. 113–291, § 3021(c)(1), added pars. (3) to (5)
Struck · 30 U.S.C. § 191(c)(3)(5)
Pub. L. 113–291, § 3021(c)(1), struck out former par. (3) which read as follows: “For each of fiscal years 2006 through 2015, the Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal land under the jurisdiction of the Pilot Project offices identified in section 15924(d) of title 42.”
Source evidence
Code amendment note
Subsec. (c)(3) to (5). Pub. L. 113–291, § 3021(c)(1), added pars. (3) to (5) and struck out former par. (3) which read as follows: “For each of fiscal years 2006 through 2015, the Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal land under the jurisdiction of the Pilot Project offices identified in section 15924(d) of title 42.”Enacted provision · exact public law section
(1) In general.— Section 35(c) of the Mineral Leasing Act (30 U.S.C. 191(c)) is amended by striking paragraph (3) and inserting the following: “(3) Use of fund.— “(A) In general.— The Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land. “(B) Accounts.— The Secretary shall divide the Fund into— “(i) a Rental Account (referred to in this subsection as the ‘Rental Account’) comprised of rental receipts collected under this section; and “(ii) a Fee Account (referred to in this subsection as the ‘Fee Account’) comprised of fees collected under subsection (d). “(4) Rental account.— “(A) In general.— The Secretary shall use the Rental Account for— “(i) the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land under the jurisdiction of the Project offices identified under section 365(d) of the Energy Policy Act of 2005 (42 U.S.C. 15924(d)); and “(ii) training programs for development of expertise related to coordinating and processing oil and gas use authorizations. “(B) Allocation.— In determining the allocation of the Rental Account among Project offices for a fiscal year, the Secretary shall consider— “(i) the number of applications for permit to drill received in a Project office during the previous fiscal year; “(ii) the backlog of applications described in clause (i) in a Project office; “(iii) publicly available industry forecasts for development of oil and gas resources under the jurisdiction of a Project office; and “(iv) any opportunities for partnership with local industry organizations and educational institutions in developing training programs to facilitate the coordination and processing of oil and gas use authorizations. “(5) Fee account.— “(A) In general.— The Secretary shall use the Fee Account for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land. “(B) Allocation.— The Secretary shall transfer not less than 75 percent of the revenues collected by an office for the processing of applications for permits to the State office of the State in which the fees were collected.” .Military Construction Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 3021(b) · 128 Stat. 3292
Added · 30 U.S.C. § 191(d)
Pub. L. 113–291, § 3021(b), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 113–291, § 3021(b), added subsec. (d)Enacted provision · exact public law section
(b) BLM Oil and Gas Permit Processing Fee.— Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following: “(d) BLM Oil and Gas Permit Processing Fee.— “(1) In general.— Notwithstanding any other provision of law, for each of fiscal years 2016 through 2026, the Secretary, acting through the Director of the Bureau of Land Management, shall collect a fee for each new application for a permit to drill that is submitted to the Secretary. “(2) Amount.— The amount of the fee shall be $9,500 for each new application, as indexed for United States dollar inflation from October 1, 2015 (as measured by the Consumer Price Index). “(3) Use.— Of the fees collected under this subsection for a fiscal year, the Secretary shall transfer— “(A) for each of fiscal years 2016 through 2019— “(i) 15 percent to the field offices that collected the fees and used to process protests, leases, and permits under this Act, subject to appropriation; and “(ii) 85 percent to the BLM Permit Processing Improvement Fund established under subsection (c)(2)(B) (referred to in this subsection as the ‘Fund’); and “(B) for each of fiscal years 2020 through 2026, all of the fees to the Fund. “(4) Additional costs.— During each of fiscal years of 2016 through 2026, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for permits to drill.” .John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 809(i)(1) · 132 Stat. 1636
Substituted · 30 U.S.C. § 191(a)
Pub. L. 115–232 substituted “section 8733(b) of title 10” for “the Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat. 1252)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–232 substituted “section 8733(b) of title 10” for “the Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat. 1252)”.Enacted provision · exact public law section
(1) Section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) is amended by striking “the Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat. 1252)” before the period at the end of the first sentence and inserting “section 8733(b) of title 10, United States Code”.Effective date note
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.
23 of 25 references resolved to an enrolled provision · 2 partial
Editorial Notes
References in Text
The Federal Oil and Gas Royalty Management Act of 1982, referred to in subsec. (a), is Pub. L. 97–451, , 96 Stat. 2447, which is classified generally to chapter 29 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.
The Geothermal Steam Act of 1970, referred to in subsec. (a), is Pub. L. 91–581, , 84 Stat. 1566, which is classified principally to chapter 23 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.
The Reclamation Act, approved , referred to in subsec. (a), is act June 17, 1902, ch. 1093, 32 Stat. 388, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 371 of Title 43 and Tables.
Codification
Provisions of subsec. (a) which authorized the payment of monies to the Territory of Alaska were omitted as superseded by the provisions authorizing the payment of monies to the State of Alaska.
Amendments1947–2018 · 14 rounds
2018
Subsec. (a). Pub. L. 115–232 substituted “section 8733(b) of title 10” for “the Act of (41 Stat. 813), as amended (52 Stat. 1252)”.
2014
Subsec. (c)(3) to (5). Pub. L. 113–291, § 3021(c)(1), added pars. (3) to (5) and struck out former par. (3) which read as follows: “For each of fiscal years 2006 through 2015, the Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal land under the jurisdiction of the Pilot Project offices identified in section 15924(d) of title 42.”
Subsec. (d). Pub. L. 113–291, § 3021(b), added subsec. (d)
2013
Subsec. (b). Pub. L. 113–67 amended subsec. (b) generally. Prior to amendment, text read as follows: “In determining the amount of payments to the States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”
2005
Subsec. (c). Pub. L. 109–58 added subsec. (c).
2000
Subsec. (b). Pub. L. 106–393 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to deductions for administration from the amount to be paid to States under this section or under other laws requiring payment to a State of revenues derived from the leasing of onshore lands owned by the United States for the production of the same types of minerals leasable under this chapter or of geothermal steam.
1993
Pub. L. 103–66 struck out last sentence, designated remaining provisions as subsec. (a) and in first sentence inserted “and, subject to the provisions of subsection (b),” before “50 per centum”, and added subsec. (b). Prior to amendment, last sentence read as follows: “In determining the amount of payments to States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”
1988
Pub. L. 100–443 struck out “notwithstanding the provisions of section 20 thereof,” before “shall be paid”.
1987
Pub. L. 100–203 inserted at end “In determining the amount of payments to States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.”
1983
Pub. L. 97–451, § 111(g), inserted reference to interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982.
Pub. L. 97–451, § 104(a), struck out “as soon as practicable after March 31 and September 30 of each year” after “Secretary of the Treasury” and “of those from Alaska”, and inserted at end provisions directing that payments to States be made not later than the last business day of the month in which such moneys are warranted by the United States Treasury to the Secretary as having been received, that warrants be issued by the Treasury not later than 10 days after receipt of the money by the Treasury, that moneys placed in a suspense account which are determined to be payable to a State be made not later than the last business day of the month in which a dispute is resolved, and that amounts placed in a suspense account pending resolution bear interest until the dispute is resolved.
1976
Pub. L. 94–579 substituted provisions setting forth determination of amount, time for payments, and manner of expenditure by the States of all moneys received from sales, etc., under provisions of this chapter and the Geothermal Steam Act of 1970, and proviso relating to naval petroleum reserve moneys, for provisions setting forth determination of amount and time for payment to the States of all moneys received from sales, etc., under the provisions of this chapter, and provisos relating to naval petroleum reserve moneys, additional moneys from sales, etc., under this chapter and the Geothermal Steam Act of 1970, and expenditure of State oil shale funds.
Pub. L. 94–422 inserted proviso that all moneys paid to any State from sales, bonuses, royalties, and rentals of oil shale in public lands may be used by any State for planning, construction, and maintenance of public facilities as legislature of State may direct.
Pub. L. 94–377 substituted “40 per centum thereof shall be paid into, reserved” for “52½ per centum thereof shall be paid into, reserved”, inserted “and the Geothermal Steam Act of 1970, notwithstanding the provisions of section 20 thereof” before “shall be paid into the Treasury of the United States”, “and the Geothermal Steam Act of 1970” before “from lands within the naval petroleum reserves” and before “not otherwise disposed of by this section”, and provisos relating to the payment of an additional 12½ per centum of all money received from lands under provisions of this chapter and the Geothermal Steam Act of 1970 to the State within whose boundaries the lands are located, to be used for construction of public facilities, and relating to the use of funds received by Colorado and Utah under the specified leases.
Pub. L. 94–273 substituted “March” for “December” and “September” for “June”.
1958
Pub. L. 85–508, §§ 6(k), 28(b), struck out provisions which related to disposition of proceeds or income derived by the United States from mineral school sections in the Territory of Alaska and substituted “, and of those from Alaska 52½ per centum thereof shall be paid to the State of Alaska for disposition by the legislators thereof” for “, and of those from Alaska 52½ per centum thereof shall be paid to the Territory of Alaska for disposition by the Legislature of the Territory of Alaska” before proviso.
1957
Pub. L. 85–88 inserted “, and of those from Alaska 52½ per centum thereof shall be paid to the Territory of Alaska for disposition by the Legislature of the Territory of Alaska” before proviso.
1950
Act , in providing that payments to States be made bi-annually instead of annually, substituted “as soon as practicable after December 31 and June 30 of each year” for “after the expiration of each fiscal year”.
1947
Act , extended provisions by allocating 37½% of the money received from sales, bonuses, royalties, and rentals of public lands to the Territory of Alaska, for the construction and maintenance of public schools or other public educational institutions and inserted provisions relating to disposition of proceeds or income derived by the United States from mineral school sections in the Territory of Alaska.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.
Effective Date of 1983 Amendment
Amendment by section 104(a) of Pub. L. 97–451 applicable with respect to payments received by the Secretary of the Treasury after , unless the Secretary by rule, prescribes an earlier effective date, see section 104(c) of Pub. L. 97–451, set out as an Effective Date note under section 1714 of this title.
Savings Provision
Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on , see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.
Findings
Pub. L. 106–393, title V, § 502, , 114 Stat. 1624, provided that:
“The Congress finds the following:
“(1) Section 10201 of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103–66; 107 Stat. 407) amended section 35 of the Mineral Leasing Act (30 U.S.C. 191) to change the sharing of onshore mineral revenues and revenues from geothermal steam from a 50:50 split between the Federal Government and the States to a complicated formula that entailed deducting from the State share of leasing revenues ‘50 percent of the portion of the enacted appropriations of the Department of the Interior and any other agency during the preceding fiscal year allocable to the administration of all laws providing for the leasing of any onshore lands or interest in land owned by the United States for the production of the same types of minerals leasable under this Act or of geothermal steam, and to enforcement of such laws * * *’.
“(2) There is no legislative record to suggest a sound public policy rationale for deducting prior-year administrative expenses from the sharing of current-year receipts, indicating that this change was made primarily for budget scoring reasons.
“(3) The system put in place by this change in law has proved difficult to administer and has given rise to disputes between the Federal Government and the States as to the nature of allocable expenses. Federal accounting systems have proven to be poorly suited to breaking down administrative costs in the manner required by the law. Different Federal agencies implementing this law have used varying methodologies to identify allocable costs, resulting in an inequitable distribution of costs during fiscal years 1994 through 1996. In November 1997, the Inspector General of the Department of the Interior found that ‘the congressionally approved method for cost sharing deductions effective in fiscal year 1997 may not accurately compute the deductions’.
“(4) Given the lack of a substantive rationale for the 1993 change in law and the complexity and administrative burden involved, a return to the sharing formula prior to the enactment of the Omnibus Budget Reconciliation Act of 1993 [] is justified.”
Funds Held by Colorado and Utah From Interior Department Oil Shale Test Leases
Pub. L. 94–579, title III, § 317(b), , 90 Stat. 2771, provided that: “Funds now held pursuant to said section 35 [this section] by the States of Colorado and Utah separately from the Department of the Interior oil shale test leases known as C–A; C–B; U–A and U–B shall be used by such States and subdivisions as the legislature of each State may 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.”
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.
Executive Documents
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 , on issuance of Proc. No. 3269, , 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.
Credits
1920–2018 · 18 acts
- 1920Feb. 25, 1920, ch. 85, § 35, 41 Stat. 450
- 1947May 27, 1947, ch. 83, 61 Stat. 119
- 1950Aug. 3, 1950, ch. 527, 64 Stat. 402
- 1957Pub. L. 85–88, § 2, , 71 Stat. 282
- 1958Pub. L. 85–508, §§ 6(k), 28(b), , 72 Stat. 343, 351
- 1976Pub. L. 94–273, § 6(2), , 90 Stat. 377
- 1976Pub. L. 94–377, § 9, , 90 Stat. 1089
- 1976Pub. L. 94–422, title III, § 301, , 90 Stat. 1323
- 1976Pub. L. 94–579, title III, § 317(a), , 90 Stat. 2770
- 1983Pub. L. 97–451, title I, §§ 104(a), 111(g), , 96 Stat. 2451, 2456
- 1987Pub. L. 100–203, title V, § 5109, , 101 Stat. 1330–261
- 1988Pub. L. 100–443, § 5(b), , 102 Stat. 1768
- 1993Pub. L. 103–66, title X, § 10201, , 107 Stat. 407
- 2000Pub. L. 106–393, title V, § 503, , 114 Stat. 1624
- 2005Pub. L. 109–58, title III, § 365(g), , 119 Stat. 725
- 2013Pub. L. 113–67, div. A, title III, § 302, , 127 Stat. 1181
- 2014Pub. L. 113–291, div. B, title XXX, § 3021(b), (c)(1), , 128 Stat. 3760, 3761
- 2018Pub. L. 115–232, div. A, title VIII, § 809(i)(1), , 132 Stat. 1843.
Show as published
(Feb. 25, 1920, ch. 85, § 35, 41 Stat. 450; May 27, 1947, ch. 83, 61 Stat. 119; Aug. 3, 1950, ch. 527, 64 Stat. 402; Pub. L. 85–88, § 2, , 71 Stat. 282; Pub. L. 85–508, §§ 6(k), 28(b), , 72 Stat. 343, 351; Pub. L. 94–273, § 6(2), , 90 Stat. 377; Pub. L. 94–377, § 9, , 90 Stat. 1089; Pub. L. 94–422, title III, § 301, , 90 Stat. 1323; Pub. L. 94–579, title III, § 317(a), , 90 Stat. 2770; Pub. L. 97–451, title I, §§ 104(a), 111(g), , 96 Stat. 2451, 2456; Pub. L. 100–203, title V, § 5109, , 101 Stat. 1330–261; Pub. L. 100–443, § 5(b), , 102 Stat. 1768; Pub. L. 103–66, title X, § 10201, , 107 Stat. 407; Pub. L. 106–393, title V, § 503, , 114 Stat. 1624; Pub. L. 109–58, title III, § 365(g), , 119 Stat. 725; Pub. L. 113–67, div. A, title III, § 302, , 127 Stat. 1181; Pub. L. 113–291, div. B, title XXX, § 3021(b), (c)(1), , 128 Stat. 3760, 3761; Pub. L. 115–232, div. A, title VIII, § 809(i)(1), , 132 Stat. 1843.)