30 U.S.C. § 192

Payment of royalties in oil or gas; sale of such oil or gas

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All royalty accruing to the United States under any oil or gas lease or permit under this chapter on demand of the Secretary of the Interior shall be paid in oil or gas.

Upon granting any oil or gas lease under this chapter, and from time to time thereafter during said lease, the Secretary of the Interior shall, except whenever in his judgment it is desirable to retain the same for the use of the United States, offer for sale for such period as he may determine, upon notice and advertisement on sealed bids or at public auction, all royalty oil and gas accruing or reserved to the United States under such lease. Such advertisement and sale shall reserve to the Secretary of the Interior the right to reject all bids whenever within his judgment the interest of the United States demands; and in cases where no satisfactory bid is received or where the accepted bidder fails to complete the purchase, or where the Secretary of the Interior shall determine that it is unwise in the public interest to accept the offer of the highest bidder, the Secretary of the Interior, within his discretion, may readvertise such royalty for sale, or sell at private sale at not less than the market price for such period, or accept the value thereof from the lessee: Provided, That inasmuch as the public interest will be served by the sale of royalty oil to refineries not having their own source of supply for crude oil, the Secretary of the Interior, when he determines that sufficient supplies of crude oil are not available in the open market to such refineries, is authorized and directed to grant preference to such refineries in the sale of oil under the provisions of this section, for processing or use in such refineries and not for resale in kind, and in so doing may sell to such refineries at private sale at not less than the market price any royalty oil accruing or reserved to the United States under leases issued pursuant to this chapter: Provided further, That in selling such royalty oil the Secretary of the Interior may at his discretion prorate such oil among such refineries in the area in which the oil is produced: Provided, however, That pending the making of a permanent contract for the sale of any royalty, oil or gas as herein provided, the Secretary of the Interior may sell the current product at private sale, at not less than the market price: And provided further, That any royalty, oil, or gas may be sold at not less than the market price at private sale to any department or agency of the United States.

Notes of Decisions

Cited in 9 cases, 1931–2013 · leading case: Laketon Asphalt Refining, Inc. v. United States Department of the Interior and Cecil Andrus, Secretary of the United Sta

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Laketon Asphalt Refining, Inc. v. United States Department of the Interior and Cecil Andrus, Secretary of the United Sta (1980) ca7 · cites it 8× “This appeal questions the validity of procedures used by the Secretary of the Interi- or to implement section 36 of the Mineral Leasing Act, 30 U.S.C. § 192 . We hold the challenged procedures to be valid and affirm the judgment below, D.”

Rockies Express Pipeline LLC v. Interior (2013) cafc “See 30 U.S.C. § 192 ; 42 U.S.C. § 15902 (b). In exchange, the government makes monthly payments to ensure that a certain quantity of the mineral resources is made available for its purposes.”

United States v. Ohio Oil Co. (1947) ca10 “But the Ohio contends that the Secretary may not demand “value of production” or fix the value of the royalty oil, without 'wst offering it for sale at public bidding in a manner prescribed by Section 36 of the original Act, 30 U.S.C.A. § 192 . This, the Ohio says, is a…”

New Mexico v. United States (1986) cc · cites it 2× “30 U.S.C. § 192 (1976). Upon the sale of the oil or gas, the royalty payments are converted into money.”

Laketon Asphalt & Refining, Inc. v. United States Department of the Interior (1979) innd · cites it 2× “Factual Background Section 36 of the Mineral Lands Leasing Act of February 25, 1920 ( 30 U.S.C. § 192 ), provides that royalties accruing to the United States under public domain oil or gas leases shall, on demand of the Secretary of the Interior, be paid in kind, i.”

Tipperary Refining Co. v. United States (1987) cc · cites it 3× “30 U.S.C. § 192 ; 43 U.S.C. § 1334 (a)(1) (1976).”

Oxy USA, Inc. v. Babbitt (2000) ca10 “See 30 U.S.C. § 192 ; 43 U.S.C. § 1353 (a). The MMS is responsible for determining the value of production.”

Bell Oil & Gas Co. v. Wilbur (1931) cadc “” Section 36 (30 USCA § 192), of the act provides how the Secretary of the Interior may dispose of the royalty oils.”

Legal Authorities Available to the President to Respond to a Severe Energy Supply Interruption or Other Substantial Redu (1982) olc · cites it 2× “Pursuant to § 36 of the MLLA, 30 U.S.C. § 192 , the United States may demand that any royalty accruing to it under an oil or gas lease be paid in oil or gas.”

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