§ 191. — Disposition of moneys received.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC191]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 3A--LEASES AND PROSPECTING PERMITS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 191. Disposition of moneys received
(a) 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) of this section, 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 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 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 June 17, 1902,
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 7433(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.
(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.
(Feb. 25, 1920, ch. 85, Sec. 35, 41 Stat. 450; May 27, 1947, ch. 83, 61
Stat. 119; Aug. 3, 1950, ch. 527, 64 Stat. 402; Pub. L. 85-88, Sec. 2,
July 10, 1957, 71 Stat. 282; Pub. L. 85-508, Secs. 6(k), 28(b), July 7,
1958, 72 Stat. 343, 351; Pub. L. 94-273, Sec. 6(2), Apr. 21, 1976, 90
Stat. 377; Pub. L. 94-377, Sec. 9, Aug. 4, 1976, 90 Stat. 1089; Pub. L.
94-422, title III, Sec. 301, Sept. 28, 1976, 90 Stat. 1323; Pub. L. 94-
579, title III, Sec. 317(a), Oct. 21, 1976, 90 Stat. 2770; Pub. L. 97-
451, title I, Secs. 104(a), 111(g), Jan. 12, 1983, 96 Stat. 2451, 2456;
Pub. L. 100-203, title V, Sec. 5109, Dec. 22, 1987, 101 Stat. 1330-261;
Pub. L. 100-443, Sec. 5(b), Sept. 22, 1988, 102 Stat. 1768; Pub. L. 103-
66, title X, Sec. 10201, Aug. 10, 1993, 107 Stat. 407; Pub. L. 106-393,
title V, Sec. 503, Oct. 30, 2000, 114 Stat. 1624.)
References in Text
The Federal Oil and Gas Royalty Management Act of 1982, referred to
in subsec. (a), is Pub. L. 97-451, Jan. 12, 1983, 96 Stat. 2447, which
is classified generally to chapter 29 (Sec. 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, Dec. 24, 1970, 84 Stat. 1566, which is classified
principally to chapter 23 (Sec. 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, referred to in subsec. (a), is act June 17,
1902, ch. 1093, 32 Stat. 388, as amended, which is classified generally
to chapter 12 (Sec. 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
``Section 7433(b) of title 10'' substituted in subsec. (a) for ``the
Act of June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat.
1252)'', which was classified to section 524 of former Title 34, Navy,
on authority of act Aug. 10, 1956, ch. 1041, Sec. 49(b), 70A Stat. 640,
the first section of which enacted Title 10, Armed Forces.
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.
Amendments
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) of this section,'' 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, Sec. 111(g), inserted reference to interest
charges collected under the Federal Oil and Gas Royalty Management Act
of 1982.
Pub. L. 97-451, Sec. 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 ``52\1/2\ 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 12\1/2\ 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, Secs. 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 52\1/2\ per centum thereof
shall be paid to the State of Alaska for disposition by the legislators
thereof'' for ``, and of those from Alaska 52\1/2\ 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 52\1/2\
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 Aug. 3, 1950, 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 May 27, 1947, extended provisions by allocating 37\1/2\%
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.
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 Oct.
1, 1983, 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 Oct. 21, 1976, 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, Sec. 502, Oct. 30, 2000, 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 [Aug. 10, 1993] is
justified.''
Funds Held by Colorado and Utah From Interior Department Oil Shale Test
Leases
Section 317(b) of Pub. L. 94-579 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.''
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 Jan. 3, 1959, on issuance of Proc.
No. 3269, Jan. 3, 1959, 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.
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.
Section Referred to in Other Sections
This section is referred to in sections 241, 275, 285, 292, 355,
541f, 1019, 1721, 1735 of this title; title 10 sections 7421, 7435,
7439; title 16 sections 460ll-3, 470h; title 31 section 6903; title 43
section 1747.
