§ 1734. — State suits under Federal law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1734]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 29--OIL AND GAS ROYALTY MANAGEMENT
SUBCHAPTER II--STATES AND INDIAN TRIBES
Sec. 1734. State suits under Federal law
(a) Action for royalty, interest, or civil penalty; limitations; notice
of suit; award of costs and fees
(1) A State may commence a civil action under this section against
any person to recover any royalty, interest, or civil penalty which the
State believes is due, based upon credible evidence, with respect to any
oil and gas lease on Federal lands located within the State.
(2)(A) No action may be commenced under paragraph (1) prior to 90
days after the State has given notice in writing to the Secretary of the
payment required. Such 90-day limitation may be waived by the Secretary
on a case-by-case basis.
(B) If, within the 90-day period specified in subparagraph (A), the
Secretary issues a demand for the payment concerned, no action may be
commenced under paragraph (1) with respect to such payment during a 45-
day period after issuance of such demand. If, during such 45-day period,
the Secretary receives payment in full, no action may be commenced under
paragraph (1).
(C) If the Secretary refers the case to the Attorney General of the
United States within the 45-day period referred to in subparagraph (B)
or within 10 business days after the expiration of such 45-day period,
no action may be commenced under paragraph (1) if the Attorney General,
within 45 days after the date of such referral, commences, and
thereafter diligently prosecutes, a civil action in a court of the
United States with respect to the payment concerned.
(3) The State shall notify the Secretary and the Attorney General of
the United States of any suit filed by the State under this section.
(4) A court in issuing any final order in any action brought under
paragraph (1) may award costs of litigation including reasonable
attorney and expert witness fees, to any party in such action if the
court determines such an award is appropriate.
(b) Venue; jurisdiction of district court
An action brought under subsection (a) of this section may be
brought only in a United States district court for the judicial district
in which the lease site or the leasing activity complained of is
located. Such district court shall have jurisdiction, without regard to
the amount in controversy or the citizenship of the parties, to require
compliance or order payment in any such action.
(c) Recovery of civil penalty by State; deposit of rent, royalty, or
interest recovery in Treasury of the United States
(1) Notwithstanding any other provision of law, any civil penalty
recovered by a State under subsection (a) of this section shall be
retained by the State and may be expended in such manner and for such
purposes as the State deems appropriate.
(2) Any rent, royalty, or interest recovered by a State under
subsection (a) of this section shall be deposited in the Treasury of the
United States in the same manner, and subject to the same requirements,
as are applicable in the case of any rent, royalty, or interest
collected by an officer or employee of the United States, except that
such amounts shall be deposited in the Treasury not later than 10 days
after receipt by the State.
(Pub. L. 97-451, title II, Sec. 204, Jan. 12, 1983, 96 Stat. 2458.)
Section Referred to in Other Sections
This section is referred to in sections 196, 1731a, 1733 of this
title.
