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S. 1015 (is) To provide for the liquidation or reliquidation of certain entries of pharmaceutical grade phospholipids. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [Introduced in Senate] %...


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                                                       Calendar No. 394

104th CONGRESS

  2d Session

                                S. 1014

                          [Report No. 104-260]

_______________________________________________________________________

                                 A BILL

     To improve the management of royalties from Federal and Outer 
     Continental Shelf oil and gas leases, and for other purposes.

_______________________________________________________________________

                              May 9, 1996

                       Reported with an amendment
                                                       Calendar No. 394
104th CONGRESS
  2d Session
                                S. 1014

                          [Report No. 104-260]

     To improve the management of royalties from Federal and Outer 
     Continental Shelf oil and gas leases, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 30 (legislative day, June 19), 1995

 Mr. Nickles (for himself, Mr. Murkowski, and Mr. Domenici) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Energy and Natural Resources

                              May 9, 1996

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     To improve the management of royalties from Federal and Outer 
     Continental Shelf oil and gas leases, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Federal 
Oil and Gas Royalty Simplification and Fairness Act of 
1995''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Limitation periods.
<DELETED>Sec. 4. Overpayments: offsets and refunds.
<DELETED>Sec. 5. Required recordkeeping.
<DELETED>Sec. 6. Royalty interest, penalties, and payments.
<DELETED>Sec. 7. Limitation on assessments.
<DELETED>Sec. 8. Cost-effective audit and collection requirements.
<DELETED>Sec. 9. Elimination of notice requirement.
<DELETED>Sec. 10. Royalty in kind.
<DELETED>Sec. 11. Time and manner of royalty payment.
<DELETED>Sec. 12. Repeals.
<DELETED>Sec. 13. Indian lands.
<DELETED>Sec. 14. Effective date.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    Section 3 of the Federal Oil and Gas Royalty Management 
Act of 1982 (30 U.S.C. 1701 et seq.) is amended as follows:</DELETED>
        <DELETED>    (1) In paragraph (5), by inserting ``(including 
        any unit agreement and communitization agreement)'' after 
        ``agreement''.</DELETED>
        <DELETED>    (2) By amending paragraph (7) to read as 
        follows:</DELETED>
        <DELETED>    ``(7) `lessee' means any person to whom the United 
        States issues a lease.''.</DELETED>
        <DELETED>    (3) 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:</DELETED>
        <DELETED>    ``(17) `administrative proceeding' means any 
        agency process for rulemaking, adjudication or licensing, as 
        defined in and governed by chapter 5 of title 5, United States 
        Code (relating to administrative procedures);</DELETED>
        <DELETED>    ``(18) `assessment' means any fee or charge levied 
        or imposed by the Secretary or the United States other than--
        </DELETED>
                <DELETED>    ``(A) the principal amount of any royalty, 
                minimum royalty, rental, bonus, net profit share or 
                proceed of sale;</DELETED>
                <DELETED>    ``(B) any interest; and</DELETED>
                <DELETED>    ``(C) any civil or criminal 
                penalty;</DELETED>
        <DELETED>    ``(19) `commence' means--</DELETED>
                <DELETED>    ``(A) with respect to a judicial 
                proceeding, the service of a complaint, petition, 
                counterclaim, cross-claim, or other pleading seeking 
                affirmative relief or seeking offset or 
                recoupment;</DELETED>
                <DELETED>    ``(B) with respect to an administrative 
                proceeding--</DELETED>
                        <DELETED>    ``(i) the receipt by a lessee of 
                        an order to pay issued by the Secretary; 
                        or</DELETED>
                        <DELETED>    ``(ii) the receipt by the 
                        Secretary of a written request or demand by a 
                        lessee, or any person acting on behalf of a 
                        lessee which asserts an obligation due the 
                        lessee;</DELETED>
        <DELETED>    ``(20) `credit' means the method by which an 
        overpayment is utilized to discharge, cancel, reduce or offset 
        an obligation in whole or in part;</DELETED>
        <DELETED>    ``(21) `obligation' means a duty of the Secretary, 
        the United States, or a lessee--</DELETED>
                <DELETED>    ``(A) to deliver or take oil or gas in 
                kind; or</DELETED>
                <DELETED>    ``(B) to pay, refund, credit or offset 
                monies, including (but not limited to) a duty to 
                calculate, determine, report, pay, refund, credit or 
                offset--</DELETED>
                        <DELETED>    ``(i) the principal amount of any 
                        royalty, minimum royalty, rental, bonus, net 
                        profit share or proceed of sale;</DELETED>
                        <DELETED>    ``(ii) any interest;</DELETED>
                        <DELETED>    ``(iii) any penalty; or</DELETED>
                        <DELETED>    ``(iv) any assessment,</DELETED>
                <DELETED>which arises from or relates to any lease 
                administered by the Secretary for, or any mineral 
                leasing law related to, the exploration, production and 
                development of oil or gas on Federal lands or the Outer 
                Continental Shelf;</DELETED>
        <DELETED>    ``(22) `offset' means the act of applying an 
        overpayment (in whole or in part) against an obligation which 
        has become due to discharge, cancel or reduce the 
        obligation;</DELETED>
        <DELETED>    ``(23) `order to pay' means a written order issued 
        by the Secretary or the United States which--</DELETED>
                <DELETED>    ``(A) asserts a definite and quantified 
                obligation due the Secretary or the United States; 
                and</DELETED>
                <DELETED>    ``(B) specifically identifies the 
                obligation by lease, production month and amount of 
                such obligation ordered to be paid, as well as the 
                reason or reasons such obligation is claimed to be 
                due,</DELETED>
        <DELETED>but such term does not include any other communication 
        by or on behalf of the Secretary or the United 
        States;</DELETED>
        <DELETED>    ``(24) `overpayment' means any payment (including 
        any estimated royalty payment) by a lessee or by any person 
        acting on behalf of a lessee in excess of an amount legally 
        required to be paid on an obligation;</DELETED>
        <DELETED>    ``(25) `payment' means satisfaction, in whole or 
        in part, of an obligation due the Secretary or the United 
        States;</DELETED>
        <DELETED>    ``(26) `penalty' means a statutorily authorized 
        civil fine levied or imposed by the Secretary or the United 
        States for a violation of this Act, a mineral leasing law, or a 
        term or provision of a lease administered by the 
        Secretary;</DELETED>
        <DELETED>    ``(27) `refund' means the return of an overpayment 
        by the Secretary or the United States by the drawing of funds 
        from the United States Treasury;</DELETED>
        <DELETED>    ``(28) `underpayment' means any payment by a 
        lessee or person acting on behalf of a lessee that is less than 
        the amount legally required to be paid on an obligation; 
        and</DELETED>
        <DELETED>    ``(29) `United States' means--</DELETED>
                <DELETED>    ``(A) the United States Government and any 
                department, agency, or instrumentality thereof; 
                and</DELETED>
                <DELETED>    ``(B) when such term is used in a 
                geographic sense, includes the several States, the 
                District of Columbia, Puerto Rico, and the territories 
                and possessions of the United States.''.</DELETED>

<DELETED>SEC. 3. LIMITATION PERIODS.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 115. LIMITATION PERIODS.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Six-year period.--A judicial or 
        administrative proceeding which arises from, or relates to, an 
        obligation may not be commenced unless such proceeding is 
        commenced within 6 years from the date on which such obligation 
        becomes due.</DELETED>
        <DELETED>    ``(2) Limit on tolling of limitation period.--The 
        running of the limitation period under paragraph (1) shall not 
        be suspended or tolled by any action of the United States or an 
        officer or agency thereof other than the commencement of a 
        judicial or administrative proceeding under paragraph (1) or an 
        agreement under paragraph (3).</DELETED>
        <DELETED>    ``(3) Fraud or concealment.--For the purpose of 
        computing the limitation period under paragraph (1), there 
        shall be excluded therefrom any period during which there has 
        been fraud or concealment by a lessee in an attempt to defeat 
        or evade payment of any such obligation.</DELETED>
        <DELETED>    ``(4) Reasonable period for providing 
        information.--In seeking information on which to base an order 
        to pay, the Secretary shall afford the lessee or person acting 
        on behalf of the lessee a reasonable period in which to provide 
        such information before the end of the period under paragraph 
        (1).</DELETED>
<DELETED>    ``(b) Final Agency Action.--The Director of the Minerals 
Management Service shall issue a final Director's decision in any 
administrative proceeding before the Director within one year from the 
date such proceeding was commenced. The Secretary shall issue a final 
agency decision in any administrative proceeding within 3 years from 
the date such proceeding was commenced. If no such decision has been 
issued by the Director or Secretary within the prescribed time periods 
referred to above:</DELETED>
        <DELETED>    ``(1) the Director's or Secretary's decision, as 
        the case may be, shall be deemed issued and granted in favor of 
        the lessee or lessees as to any nonmonetary obligation and any 
        obligation the principal amount of which is less than $2,500; 
        and</DELETED>
        <DELETED>    ``(2) in the case of a monetary obligation the 
        principal amount of which is $2,500 or more, the Director's or 
        Secretary's decision, as the case may be, shall be deemed 
        issued and final, and the lessee shall have a right of de novo 
        judicial review and appeal of such final agency 
        action.</DELETED>
<DELETED>    ``(c) Tolling by Agreement.--Prior to the expiration of 
any period of limitation under subsections (a) or (c), the Secretary 
and a lessee may consent in writing to extend such period as it relates 
to any obligation under the mineral leasing laws. The period so agreed 
upon may be extended by subsequent agreement or agreements in writing 
made before the expiration of the period previously agreed 
upon.</DELETED>
<DELETED>    ``(d) Limitation on Certain Actions by the United 
States.--When an action on or enforcement of an obligation under the 
mineral leasing laws is barred under subsection (a) or (b), the United 
States or an officer or agency thereof may not take any other or 
further action regarding that obligation including (but not limited to) 
the issuance of any order, request, demand or other communication 
seeking any document, accounting, determination, calculation, 
recalculation, principal, interest, assessment, penalty or the 
initiation, pursuit or completion of an audit.</DELETED>
<DELETED>    ``(e) Obligation Becomes Due.--</DELETED>
        <DELETED>    ``(1) In general.--For purposes of subsection (a), 
        an obligation becomes due when the right to enforce the 
        obligation is fixed.</DELETED>
        <DELETED>    ``(2) Special rule regarding royalty obligation.--
        The right to enforce any royalty obligation is fixed for the 
        purposes of this Act on the last day of the calendar month 
        following the month in which oil or gas is produced, except 
        that with respect to any such royalty obligation which is 
        altered by a retroactive redetermination of working interest 
        ownership pursuant to a unit or communitization agreement, the 
        right to enforce such royalty obligation in such amended unit 
        or communitization agreement is fixed for the purposes of this 
        Act on the last day of the calendar month in which such 
        redetermination is made. The Secretary shall issue any such 
        redetermination within 180 days of receipt of a request for 
        redetermination.</DELETED>
<DELETED>    ``(f) Judicial Review of Administrative Proceedings.--In 
the event an administrative proceeding subject to subsection (a) is 
timely commenced and thereafter the limitation period in subsection (a) 
lapses during the pendency of the administrative proceeding, no party 
to such administrative proceeding shall be barred by this section from 
commencing a judicial proceeding challenging the final agency action in 
such administrative proceeding so long as such judicial proceeding is 
commenced within 90 days from receipt of notice of the final agency 
action.</DELETED>
<DELETED>    ``(g) Implementation of Final Decision.--In the event a 
judicial or administrative proceeding subject to subsection (a) is 
timely commenced and thereafter the limitation period in subsection (a) 
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 the final unappealable judicial or 
administrative 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, credit or 
offset.</DELETED>
<DELETED>    ``(h) Stay of Payment Obligation Pending Review.--Any 

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