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S. 1014

Federal Oil and Gas Royalty Simplification and Fairness Act of 1996

Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 - Amends the Federal Oil and Gas Royalty Management Act of 1982 to revise and expand the guidelines under which the authorities of the Secretary of the Interior regarding oil and gas receipts collected on lease obligations may be delegated to a State upon its request. Provides for judicial review of any Secretarial action to approve or disapprove a State proposal.

(Sec. 4) Sets a seven-year statute of limitations for any judicial proceeding or demand arising from a royalty obligation. Prescribes procedural guidelines for Secretarial and delegated States' actions and limitation periods, including royalty adjustments and refunds.

(Sec. 6) Sets forth royalty terms, interest, and penalties, and assessments.

(Sec. 7) Prescribes procedural guidelines under which the Secretary and the State concerned shall jointly determine on a case by case basis the amount of what production from marginal properties shall be subject to prepayment or regulatory relief. Permits the Secretary's sole determination if the royalty payments are not shared with any State.

(Sec. 8) Renders inapplicable except to Indian leases: (1) the current statute of limitations governing the recovery of penalties; and (2) the Secretary's authority to enter into cooperative agreements with any State (or Indian tribe) with respect to oil or gas royalty activities.

Amends the Outer Continental Shelf Lands Act to repeal the guidelines governing refunds or credit granted to a lessee for excess payments.

(Sec. 9) Excludes Indian lands and privately owned minerals from the purview of this Act.

Sponsor introductory remarks on measure. (CR S9677-9678)

Sen. Nickles, Don [R-OK](R-OK)Sponsor
3 cosponsors1 D2 R
3cosponsors1committees10actions3related bills32subjects
  1. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S9677-9678)

  2. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 394.

  3. Committee

    Committee on Energy and Natural Resources. Reported to Senate by Senator Murkowski with an amendment in the nature of a substitute. With written report No. 104-260. Additional views filed.

    Energy and Natural Resources Committee
  4. Committee14000

    Committee on Energy and Natural Resources. Reported to Senate by Senator Murkowski with an amendment in the nature of a substitute. With written report No. 104-260. Additional views filed.

    Energy and Natural Resources Committee
  5. Committee

    Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Energy and Natural Resources Committee
  6. Committee

    Subcommittee on Energy Production and Regulation. Hearings held.

    Energy Production and Regulation Subcommittee
  7. Committee

    Referred to Subcommittee on Energy Production and Regulation.

    Energy Production and Regulation Subcommittee
  8. IntroReferral

    Read twice and referred to the Committee on Energy and Natural Resources.

    Energy and Natural Resources Committee
  9. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S9537)

  10. IntroReferral10000

    Introduced in Senate

May 9, 199601

Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 - Amends the Federal Oil and Gas Royalty Management Act of 1982 to revise and expand the guidelines under which the authorities of the Secretary of the Interior regarding oil and gas receipts collected on lease obligations may be delegated to a State upon its request. Provides for judicial review of any Secretarial action to approve or disapprove a State proposal.

(Sec. 4) Sets a seven-year statute of limitations for any judicial proceeding or demand arising from a royalty obligation. Prescribes procedural guidelines for Secretarial and delegated States' actions and limitation periods, including royalty adjustments and refunds.

(Sec. 6) Sets forth royalty terms, interest, and penalties, and assessments.

(Sec. 7) Prescribes procedural guidelines under which the Secretary and the State concerned shall jointly determine on a case by case basis the amount of what production from marginal properties shall be subject to prepayment or regulatory relief. Permits the Secretary's sole determination if the royalty payments are not shared with any State.

(Sec. 8) Renders inapplicable except to Indian leases: (1) the current statute of limitations governing the recovery of penalties; and (2) the Secretary's authority to enter into cooperative agreements with any State (or Indian tribe) with respect to oil or gas royalty activities.

Amends the Outer Continental Shelf Lands Act to repeal the guidelines governing refunds or credit granted to a lessee for excess payments.

(Sec. 9) Excludes Indian lands and privately owned minerals from the purview of this Act.

Jun 30, 199500

Federal Oil and Gas Royalty Simplification and Fairness Act of 1995 - Amends the Federal Oil and Gas Royalty Management Act of 1982 (FOGRMA) to set a six-year statute of limitations period for royalty underpayments owed by lessees of Federal lands to the United States, commencing the date on which the obligation becomes due. Declares that the running of such period shall not be suspended or tolled by any Federal action except the commencement of a judicial or administrative proceeding to collect the underpayment, or a written agreement between the Secretary of the Interior and a lessee to extend such period. Provides that a lessee's fraud or concealment in an attempt to defeat or evade payment of an obligation shall toll the statute of limitations.

(Sec. 3) Requires the Director of the Minerals Management Service to issue a final decision in any administrative proceeding within one year from the date the proceeding commenced. Requires the Secretary to issue a final agency decision in any administrative proceeding within three years from its commencement.

Prescribes guidelines for: (1) royalty obligations; (2) royalty overpayments, offsets and refunds; and (3) a six-year mandatory recordkeeping period.

(Sec. 6) Modifies the guidelines for royalty interest, penalties, and payments to: (1) permit the Secretary to waive or forego interest; (2) restrict the billing for interest for any net underpayment to not less than one year following the subject reporting month; (3) use the Treasury Current Value of Funds Rate to compute interest due on late payments made by the Secretary and interest owed to lessee overpayment; (4) permit interest to be credited to lessee's net overpayment; and (5) provide an special payment arrangement for leases with minimal production.

(Sec. 7) Authorizes the Secretary to impose an assessment of up to $250 for inaccurate reporting of information.

Restricts audit and collection requirements for specified minimal oil and gas well production to prohibit the Secretary from conducting: (1) royalty reporting compliance and enforcement activities, levy assessments, or bill for comparisons between royalty reporting and production information; or (2) audits on such leases unless the Secretary has reason to believe that the lessee has not complied with certain payment obligations.

(Sec. 9) Amends the Outer Continental Shelf Lands Act (OCSLA) to repeal the 60-day notice requirement placed upon commencement of an action by a private person to enforce compliance with the Act.

(Sec. 10) Amends the OCSLA and the Mineral Leasing Act to permit any oil or gas royalty or net profit due the United States to be taken in kind at the Secretary's option. States that delivery of royalty in kind satisfies the lessee's royalty obligation and relieves the lessee of reporting and recordkeeping requirements.

Amends OCSLA guidelines governing Federal gas sales to the public to permit the Secretary to sell gas by competitive bidding or private sale (removing the proscription against selling gas to the public at less than fair market value).

(Sec. 11) Amends FOGRMA to restrict royalty payment and information requirements. Bars the Secretary from: (1) imposing additional data requirements, including data on allowances, payor information, selling arrangements, and revenue source; and (2) billing for, or collecting comparisons to productions, assessments, or interest on retroactive adjustments for de minimis production.

(Sec. 12) Amends FOGRMA to repeal the current statute of limitations governing the recovery of penalties.

Amends OCSLA to repeal the guidelines governing refunds or credit granted to a lessee for excess payments.

(Sec. 13) Excludes Indian lands from the purview of this Act.