30 U.S.C. § 1713

Required recordkeeping

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(a) Maintenance and availability of records, reports, and information for inspection and duplication

A lessee, operator, or other person directly involved in developing, producing, transporting, purchasing, or selling oil or gas subject to this chapter through the point of first sale or the point of royalty computation, whichever is later, shall establish and maintain any records, make any reports, and provide any information that the Secretary may, by rule, reasonably require for the purposes of implementing this chapter or determining compliance with rules or orders under this chapter. Upon the request of any officer or employee duly designated by the Secretary or any State or Indian tribe conducting an audit or investigation pursuant to this chapter, the appropriate records, reports, or information which may be required by this section shall be made available for inspection and duplication by such officer or employee, State, or Indian tribe.

(b) Length of time maintenance required

Records required by the Secretary with respect to oil and gas leases from Federal or Indian lands or the Outer Continental Shelf shall be maintained for 6 years after the records are generated unless the Secretary notifies the record holder that he has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the record holder of the obligation to maintain such records.

(Pub. L. 97–451, title I, § 103, Jan. 12, 1983, 96 Stat. 2451.)
Notes of Decisions
Cited in 13 cases, 1991–2020 · leading case: Mobil Expl. & Producing U.S., Inc. v. Dep't of Interior, 180 F.3d 1192 (10th Cir. 1999).
Mobil Expl. & Producing U.S., Inc. v. Dep't of Interior, 180 F.3d 1192 (10th Cir. 1999). · cites it 9× “In response to Plaintiffs’ claim that “dismissal of this action would condemn them to maintain records beyond the six-year statute of limitation” set forth in 30 U.S.C. § 1713 (b), id at 913, the court held that “there is no per se rule against document requests by the MMS…”
Shell Oil Co. v. Bruce Babbitt the United States Dep't of the Interior, 125 F.3d 172 (3rd Cir. 1997). · cites it 5× “Section 103(a) of FOGRMA, 30 U.S.C. § 1713 (a), deals with maintenance of information and production of records: A lessee, operator, or other person directly involved in developing, producing, transporting, purchasing, or selling oil or gas subject to this chapter through the…”
Kennard v. Comstock Resources, Inc., 363 F.3d 1039 (10th Cir. 2004). “52 ; 30 U.S.C. § 1713 (a). The royalties paid to the MMS on Indian leases are transferred from an MMS Treasury account to separate accounts in the Treasury and the royalties are then disbursed to the appropriate Indian Tribe or allottee.”
Shell Oil Co. v. Babbitt, 945 F. Supp. 792 (D. Del. 1996). · cites it 6× “MMS based its order upon its interpretation of the Federal Oil and Gas Royalty Management Act (“FOGRMA”), section 103(a), 30 U.S.C. § 1713 (a) (1986), and its accompanying regulations, 30 C.”
Phillips Petroleum Co. v. Lujan, 951 F.2d 257 (10th Cir. 1991). · cites it 6× “” 30 U.S.C. § 1713 (a). Further, “[u]pon the request of any officer or employee duly designated by the Secretary .”
Marathon Oil Co. v. Babbitt, 938 F. Supp. 575 (D. Alaska 1996). · cites it 3× “1993) (if government fails to initiate an audit within six years after records required to be kept by 30 U.S.C. § 1713 (b) were generated, the delay is per se unreasonable).”
Phillips Petroleum Co. v. Lujan, 4 F.3d 858 (10th Cir. 1993). · cites it 2× “” 30 U.S.C. § 1713 (b). Although § 1713(b) does not define what is a reasonable time to complete an audit, it does indicate that audits may extend past the six-year statute of limitations, suggesting Congress assumed some lawsuits concerning royalty payments might be initiated…”
Phillips Petroleum Co. v. Lujan, 963 F.2d 1380 (10th Cir. 1992). · cites it 2× “30 U.S.C. § 1713 (a). Lessees also must make these “records, reports, or information .”
Oxy USA, Inc. v. Babbitt, 230 F.3d 1178 (10th Cir. 2000). “” 30 U.S.C. § 1713 (b). 2 Through the 1980s, Shell and OXY paid royalties on production in California under their oil and gas leases.”
Inspector Gen. of the United States Dep't of Agric. v. Griffin, 972 F. Supp. 676 (M.D. Ga. 1997). “Pursuant to 30 U.S.C.A. § 1713 (b), lessees were only required to maintain records related to a lease agreement for six years.”
Santa Fe Energy Prods. Co. v. McCutcheon, 90 F.3d 409 (10th Cir. 1996). “30 U.S.C. § 1713 (a) (emphasis added). Congress defined “person” for purposes of the FOGRMA as “any individual, firm, corporation, association, partnership, consortium, or joint venture.”
Shell Oil Co. v. Babbitt, 920 F. Supp. 559 (D. Del. 1996). “Section 1713 provides: A lessee, operator, or other person directly involved in developing, producing, transporting, purchasing, or selling oil or gas subject to this chapter through the point of first sale or the point of royalty computation, whichever is later, shall establish…”
— 30 U.S.C. § 1713(b) — 1 case
Phillips Petroleum Co. v. Lujan, 963 F.2d 1380 (10th Cir. 1992). “30 U.S.C. § 1713 (a). Lessees also must make these “records, reports, or information .”
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