---
kind: "section"
citation: "30 U.S.C. § 1724"
title: "30"
title_heading: "Mineral Lands and Mining"
number: "1724"
heading: "Secretarial and delegated States’ actions and limitation periods"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/30/1724"
units:
  - "Chapter 29 — Oil and Gas Royalty Management"
  - "Subchapter I — Federal Royalty Management and Enforcement"
---

# §1724. Secretarial and delegated States’ actions and limitation periods

- (a) **In general—** The respective duties, responsibilities, and activities with respect to a [lease](/usc/30/1702.md?p=5) shall be performed by the [Secretary](/usc/30/1702.md?p=15), [delegated States](/usc/30/1702.md?p=22), and [lessees](/usc/30/1702.md?p=7) or their [designees](/usc/30/1702.md?p=24) in a timely manner.
- (b) **Limitation period—**
  - (1) **In general—** A judicial proceeding or [demand](/usc/30/1702.md?p=23) which arises from, or relates to an [obligation](/usc/30/1702.md?p=25), shall be commenced within seven years from the date on which the [obligation](/usc/30/1702.md?p=25) becomes due and if not so commenced shall be barred. If commencement of a judicial proceeding or [demand](/usc/30/1702.md?p=23) for an [obligation](/usc/30/1702.md?p=25) is barred by this section, the [Secretary](/usc/30/1702.md?p=15), a [delegated State](/usc/30/1702.md?p=22), or a [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) (A) shall not take any other or further action regarding that [obligation](/usc/30/1702.md?p=25), including (but not limited to) the issuance of any order, request, [demand](/usc/30/1702.md?p=23) or other communication seeking any document, accounting, determination, calculation, recalculation, [payment](/usc/30/1702.md?p=28), principal, interest, [assessment](/usc/30/1702.md?p=19), or [penalty](/usc/30/1702.md?p=29) or the initiation, pursuit or completion of an audit with respect to that [obligation](/usc/30/1702.md?p=25); and (B) shall not pursue any other equitable or legal remedy, whether under statute or common law, with respect to an action on or an enforcement of said [obligation](/usc/30/1702.md?p=25).
  - (2) **Rule of construction—** A judicial proceeding or [demand](/usc/30/1702.md?p=23) that is timely commenced under [paragraph (1)](#b-1) against a [designee](/usc/30/1702.md?p=24) shall be considered timely commenced as to any [lessee](/usc/30/1702.md?p=7) who is liable pursuant to [section 1712(a) of this title](/usc/30/1712.md?p=a) for the [obligation](/usc/30/1702.md?p=25) that is the subject of the judicial proceeding or [demand](/usc/30/1702.md?p=23).
  - (3) **Application of certain limitations—** The limitations set forth in sections [2401](/usc/28/2401.md), [2415](/usc/28/2415.md), [2416](/usc/28/2416.md), and [2462](/usc/28/2462.md) of title 28 and [section 226–2 of this title](/usc/30/226–2.md) shall not apply to any [obligation](/usc/30/1702.md?p=25) to which this chapter applies. [Section 3716 of title 31](/usc/31/3716.md) may be applied to an [obligation](/usc/30/1702.md?p=25) the enforcement of which is not barred by this chapter, but may not be applied to any [obligation](/usc/30/1702.md?p=25) the enforcement of which is barred by this chapter.
- (c) **Obligation becomes due—**
  - (1) **In general—** For purposes of this chapter, an [obligation](/usc/30/1702.md?p=25) becomes due when the right to enforce the [obligation](/usc/30/1702.md?p=25) is fixed.
  - (2) **Royalty obligations—** The right to enforce any [royalty](/usc/30/1702.md?p=14) [obligation](/usc/30/1702.md?p=25) for any given [production](/usc/30/1702.md?p=13) month for a [lease](/usc/30/1702.md?p=5) is fixed for purposes of this chapter on the last day of the calendar month following the month in which [oil or gas](/usc/30/1702.md?p=9) is produced.
- (d) **Tolling of limitation period—** The running of the limitation period under [subsection (b)](#b) shall not be suspended, tolled, extended, or enlarged for any [obligation](/usc/30/1702.md?p=25) for any reason by any action, including an action by the [Secretary](/usc/30/1702.md?p=15) or a [delegated State](/usc/30/1702.md?p=22), other than the following:
  - (1) **Tolling agreement—** A written agreement executed during the limitation period between the [Secretary](/usc/30/1702.md?p=15) or a [delegated State](/usc/30/1702.md?p=22) and a [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) (with notice to the [lessee](/usc/30/1702.md?p=7) who designated the [designee](/usc/30/1702.md?p=24)) shall toll the limitation period for the amount of time during which the agreement is in effect.
  - (2) **Subpoena—**
    - (A) The issuance of a subpoena to a [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) (with notice to the [lessee](/usc/30/1702.md?p=7) who designated the [designee](/usc/30/1702.md?p=24), which notice shall not constitute a subpoena to the [lessee](/usc/30/1702.md?p=7)) in accordance with the provisions of [subparagraph (B)(i)](#d-2-B-i) shall toll the limitation period with respect to the [obligation](/usc/30/1702.md?p=25) which is the subject of a subpoena only for the period beginning on the date the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) receives the subpoena and ending on the date on which (i) the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) has produced such subpoenaed records for the subject [obligation](/usc/30/1702.md?p=25), (ii) the [Secretary](/usc/30/1702.md?p=15) or a [delegated State](/usc/30/1702.md?p=22) receives written notice that the subpoenaed records for the subject [obligation](/usc/30/1702.md?p=25) are not in existence or are not in the [lessee](/usc/30/1702.md?p=7)’s or its [designee](/usc/30/1702.md?p=24)’s possession or control, or (iii) a court has determined in a final decision that such records are not required to be produced, whichever occurs first.
    - (B)
      - (i) A subpoena for the purposes of this section which requires a [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) to produce records necessary to determine the proper reporting and [payment](/usc/30/1702.md?p=28) of an [obligation](/usc/30/1702.md?p=25) due the [Secretary](/usc/30/1702.md?p=15) may be issued only by an Assistant [Secretary](/usc/30/1702.md?p=15) of the Interior or an Acting Assistant [Secretary](/usc/30/1702.md?p=15) of the Interior who is a schedule C employee (as defined by section 213.3301 of title 5, Code of Federal Regulations), or the Director or Acting Director of the respective bureau or agency, and may not be delegated to any other [person](/usc/30/1702.md?p=12). If a [State](/usc/30/1702.md?p=16) has been delegated authority pursuant to [section 1735 of this title](/usc/30/1735.md), the [State](/usc/30/1702.md?p=16), acting through the highest [State](/usc/30/1702.md?p=16) official having ultimate authority over the collection of [royalties](/usc/30/1702.md?p=14) from [leases](/usc/30/1702.md?p=5) on [Federal lands](/usc/30/1702.md?p=1) within the [State](/usc/30/1702.md?p=16), may issue such subpoena, but may not delegate such authority to any other [person](/usc/30/1702.md?p=12).
      - (ii) A subpoena described in [clause (i)](#d-2-B-i) may only be issued against a [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) during the limitation period provided in this section and only after the [Secretary](/usc/30/1702.md?p=15) or a [delegated State](/usc/30/1702.md?p=22) has in writing requested the records from the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) related to the [obligation](/usc/30/1702.md?p=25) which is the subject of the subpoena and has determined that—
        - (I) the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) has failed to respond within a reasonable period of time to the [Secretary](/usc/30/1702.md?p=15)’s or the applicable [delegated State](/usc/30/1702.md?p=22)’s written request for such records necessary for an audit, investigation or other inquiry made in accordance with the [Secretary](/usc/30/1702.md?p=15)’s or such [delegated State](/usc/30/1702.md?p=22)’s responsibilities under this chapter; or
        - (II) the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) has in writing denied the [Secretary](/usc/30/1702.md?p=15)’s or the applicable [delegated State](/usc/30/1702.md?p=22)’s written request to produce such records in the [lessee](/usc/30/1702.md?p=7)’s or its [designee](/usc/30/1702.md?p=24)’s possession or control necessary for an audit, investigation or other inquiry made in accordance with the [Secretary](/usc/30/1702.md?p=15)’s or such [delegated State](/usc/30/1702.md?p=22)’s responsibilities under this chapter; or
        - (III) the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) has unreasonably delayed in producing records necessary for an audit, investigation or other inquiry made in accordance with the [Secretary](/usc/30/1702.md?p=15)’s or the applicable [delegated State](/usc/30/1702.md?p=22)’s responsibilities under this chapter after the [Secretary](/usc/30/1702.md?p=15)’s or [delegated State](/usc/30/1702.md?p=22)’s written request.
    - (C) In seeking records, the [Secretary](/usc/30/1702.md?p=15) or the applicable [delegated State](/usc/30/1702.md?p=22) shall afford the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) a reasonable period of time after a written request by the [Secretary](/usc/30/1702.md?p=15) or such [delegated State](/usc/30/1702.md?p=22) in which to provide such records prior to the issuance of any subpoena.
  - (3) **Misrepresentation or concealment—** The intentional misrepresentation or concealment of a material fact for the purpose of evading the [payment](/usc/30/1702.md?p=28) of an [obligation](/usc/30/1702.md?p=25) in which case the limitation period shall be tolled for the period of such misrepresentation or such concealment.
  - (4) **Order to perform restructured accounting—**
    - (A)
      - (i) The issuance of a notice under [subparagraph (D)](#d-4-D) that the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) has not substantially complied with the requirement to perform a restructured accounting shall toll the limitation period with respect to the [obligation](/usc/30/1702.md?p=25) which is the subject of the notice only for the period beginning on the date the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) receives the notice and ending 120 days after the date on which (I) the [Secretary](/usc/30/1702.md?p=15) or the applicable [delegated State](/usc/30/1702.md?p=22) receives written notice that the accounting or other requirement has been performed, or (II) a court has determined in a final decision that the [lessee](/usc/30/1702.md?p=7) is not required to perform the accounting, whichever occurs first.
      - (ii) If the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) initiates an administrative appeal or judicial proceeding to contest an order to perform a restructured accounting issued under [subparagraph (B)(i)](#d-4-B-i), the limitation period in [subsection (b)](#b) shall be tolled from the date the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) received the order until a final, nonappealable decision is issued in any such proceeding.
    - (B)
      - (i) The [Secretary](/usc/30/1702.md?p=15) or the applicable [delegated State](/usc/30/1702.md?p=22) may issue an order to perform a restructured accounting to a [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) when the [Secretary](/usc/30/1702.md?p=15) or such [delegated State](/usc/30/1702.md?p=22) determines during an audit of a [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) that the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) should recalculate [royalty](/usc/30/1702.md?p=14) due on an [obligation](/usc/30/1702.md?p=25) based upon the [Secretary](/usc/30/1702.md?p=15)’s or the [delegated State](/usc/30/1702.md?p=22)’s finding that the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) has made identified [underpayments](/usc/30/1702.md?p=32) or [overpayments](/usc/30/1702.md?p=27) which are demonstrated by the [Secretary](/usc/30/1702.md?p=15) or the [delegated State](/usc/30/1702.md?p=22) to be based upon repeated, systemic reporting errors for a significant number of [leases](/usc/30/1702.md?p=5) or a single [lease](/usc/30/1702.md?p=5) for a significant number of reporting months with the same type of error which constitutes a pattern of violations and which are likely to result in either significant [underpayments](/usc/30/1702.md?p=32) or [overpayments](/usc/30/1702.md?p=27).
      - (ii) The power of the [Secretary](/usc/30/1702.md?p=15) to issue an order to perform a restructured accounting may not be delegated below the most senior career professional position having responsibility for the [royalty](/usc/30/1702.md?p=14) management program, which position is currently designated as the “Associate Director for [Royalty](/usc/30/1702.md?p=14) Management”, and may not be delegated to any other [person](/usc/30/1702.md?p=12). If a [State](/usc/30/1702.md?p=16) has been delegated authority pursuant to [section 1735 of this title](/usc/30/1735.md), the [State](/usc/30/1702.md?p=16), acting through the highest ranking [State](/usc/30/1702.md?p=16) official having ultimate authority over the collection of [royalties](/usc/30/1702.md?p=14) from [leases](/usc/30/1702.md?p=5) on [Federal lands](/usc/30/1702.md?p=1) within the [State](/usc/30/1702.md?p=16), may issue such order to perform, which may not be delegated to any other [person](/usc/30/1702.md?p=12). An order to perform a restructured accounting shall—
        - (I) be issued within a reasonable period of time from when the audit identifies the systemic, reporting errors;
        - (II) specify the reasons and factual bases for such order;
        - (III) be specifically identified as an “order to perform a restructured accounting”;
        - (IV) provide the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) a reasonable period of time (but not less than 60 days) within which to perform the restructured accounting; and
        - (V) provide the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) 60 days within which to file an administrative appeal of the order to perform a restructured accounting.
    - (C) An order to perform a restructured accounting shall not mean or be construed to include any other action by or on behalf of the [Secretary](/usc/30/1702.md?p=15) or a [delegated State](/usc/30/1702.md?p=22).
    - (D) If a [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) fails to substantially comply with the requirement to perform a restructured accounting pursuant to this subsection, a notice shall be issued to the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) that the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) has not substantially complied with the requirements to perform a restructured accounting. A [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) shall be given a reasonable time within which to perform the restructured accounting. Such notice may be issued under this section only by an Assistant [Secretary](/usc/30/1702.md?p=15) of the Interior or an acting Assistant [Secretary](/usc/30/1702.md?p=15) of the Interior who is a schedule C employee (as defined by section 213.3301 of title 5, Code of Federal Regulations) and may not be delegated to any other [person](/usc/30/1702.md?p=12). If a [State](/usc/30/1702.md?p=16) has been delegated authority pursuant to [section 1735 of this title](/usc/30/1735.md), the [State](/usc/30/1702.md?p=16), acting through the highest [State](/usc/30/1702.md?p=16) official having ultimate authority over the collection of [royalties](/usc/30/1702.md?p=14) from [leases](/usc/30/1702.md?p=5) on [Federal lands](/usc/30/1702.md?p=1) within the [State](/usc/30/1702.md?p=16), may issue such notice, which may not be delegated to any other [person](/usc/30/1702.md?p=12).
- (e) **Termination of limitations period—** An action or an enforcement of an [obligation](/usc/30/1702.md?p=25) by the [Secretary](/usc/30/1702.md?p=15) or [delegated State](/usc/30/1702.md?p=22) or a [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) shall be barred under this section prior to the running of the seven-year period provided in [subsection (b)](#b) in the event—
  - (1) the [Secretary](/usc/30/1702.md?p=15) or a [delegated State](/usc/30/1702.md?p=22) has notified the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) in writing that a time period is closed to further audit; or
  - (2) the [Secretary](/usc/30/1702.md?p=15) or a [delegated State](/usc/30/1702.md?p=22) and a [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) have so agreed in writing.

  For purposes of this subsection, notice to, or an agreement by, the [designee](/usc/30/1702.md?p=24) shall be binding on any [lessee](/usc/30/1702.md?p=7) who is liable pursuant to [section 1712(a) of this title](/usc/30/1712.md?p=a) for [obligations](/usc/30/1702.md?p=25) that are the subject of the notice or agreement.

- (f) **Records required for determining collections—** Records required pursuant to [section 1713 of this title](/usc/30/1713.md) by the [Secretary](/usc/30/1702.md?p=15) or any [delegated State](/usc/30/1702.md?p=22) for the purpose of determining [obligations](/usc/30/1702.md?p=25) due and compliance with any applicable [mineral leasing law](/usc/30/1702.md?p=8), [lease](/usc/30/1702.md?p=5) provision, regulation or order with respect to oil and gas [leases](/usc/30/1702.md?p=5) from [Federal lands](/usc/30/1702.md?p=1) or the Outer Continental Shelf shall be maintained for the same period of time during which a judicial proceeding or [demand](/usc/30/1702.md?p=23) may be commenced under [subsection (b)](#b). If a judicial proceeding or [demand](/usc/30/1702.md?p=23) is timely commenced, the record holder shall maintain such records until the final nonappealable decision in such judicial proceeding is made, or with respect to that [demand](/usc/30/1702.md?p=23) is rendered, unless the [Secretary](/usc/30/1702.md?p=15) or the applicable [delegated State](/usc/30/1702.md?p=22) authorizes in writing an earlier release of the requirement to maintain such records. Notwithstanding anything herein to the contrary, under no circumstance shall a record holder be required to maintain or produce any record relating to an [obligation](/usc/30/1702.md?p=25) for any time period which is barred by the applicable limitation in this section. In connection with any hearing, [administrative proceeding](/usc/30/1702.md?p=18), inquiry, investigation, or audit by the [Secretary](/usc/30/1702.md?p=15) or a [delegated State](/usc/30/1702.md?p=22) under this chapter, the [Secretary](/usc/30/1702.md?p=15) or the [delegated State](/usc/30/1702.md?p=22) shall minimize the submission of multiple or redundant information and make a good faith effort to locate records previously submitted by a [lessee](/usc/30/1702.md?p=7) or a [designee](/usc/30/1702.md?p=24) to the [Secretary](/usc/30/1702.md?p=15) or the [delegated State](/usc/30/1702.md?p=22), prior to requiring the [lessee](/usc/30/1702.md?p=7) or the [designee](/usc/30/1702.md?p=24) to provide such records.
- (g) **Timely collections—** In order to most effectively utilize resources available to the [Secretary](/usc/30/1702.md?p=15) to maximize the collection of oil and gas receipts from [lease](/usc/30/1702.md?p=5) [obligations](/usc/30/1702.md?p=25) to the Treasury within the seven-year period of limitations, and consequently to maximize the [State](/usc/30/1702.md?p=16) share of such receipts, the [Secretary](/usc/30/1702.md?p=15) should not perform or require accounting, reporting, or audit activities if the [Secretary](/usc/30/1702.md?p=15) and the [State concerned](/usc/30/1702.md?p=31) determine that the cost of conducting or requiring the activity exceeds the expected amount to be collected by the activity, based on the most current 12 months of activity. This subsection shall not provide a defense to a [demand](/usc/30/1702.md?p=23) or an order to perform a restructured accounting. To the maximum extent possible, the [Secretary](/usc/30/1702.md?p=15) and [delegated States](/usc/30/1702.md?p=22) shall reduce costs to the [United States](/usc/30/1702.md?p=33) Treasury and the [States](/usc/30/1702.md?p=16) by discontinuing requirements for unnecessary or duplicative data and other information, such as separate allowances and payor information, relating to [obligations](/usc/30/1702.md?p=25) due. If the [Secretary](/usc/30/1702.md?p=15) and the [State concerned](/usc/30/1702.md?p=31) determine that collection will result sooner, the [Secretary](/usc/30/1702.md?p=15) or the applicable [delegated State](/usc/30/1702.md?p=22) may waive or forego interest in whole or in part.
- (h) **Appeals and final agency action—**
  - (1) **33-month period—** [Demands](/usc/30/1702.md?p=23) or orders issued by the [Secretary](/usc/30/1702.md?p=15) or a [delegated State](/usc/30/1702.md?p=22) are subject to administrative appeal in accordance with the regulations of the [Secretary](/usc/30/1702.md?p=15). No [State](/usc/30/1702.md?p=16) shall impose any conditions which would hinder a [lessee](/usc/30/1702.md?p=7)’s or its [designee](/usc/30/1702.md?p=24)’s immediate appeal of an order to the [Secretary](/usc/30/1702.md?p=15) or the [Secretary](/usc/30/1702.md?p=15)’s [designee](/usc/30/1702.md?p=24). The [Secretary](/usc/30/1702.md?p=15) shall issue a final decision in any [administrative proceeding](/usc/30/1702.md?p=18), including any [administrative proceedings](/usc/30/1702.md?p=18) pending on August 13, 1996, within 33 months from the date such proceeding was commenced or 33 months from August 13, 1996, whichever is later. The 33-month period may be extended by any period of time agreed upon in writing by the [Secretary](/usc/30/1702.md?p=15) and the appellant.
  - (2) **Effect of failure to issue decision—** If no such decision has been issued by the [Secretary](/usc/30/1702.md?p=15) within the 33-month period referred to in [paragraph (1)](#h-1)—
    - (A) the [Secretary](/usc/30/1702.md?p=15) shall be deemed to have issued and granted a decision in favor of the appellant as to any nonmonetary [obligation](/usc/30/1702.md?p=25) and any monetary [obligation](/usc/30/1702.md?p=25) the principal amount of which is less than $10,000; and
    - (B) the [Secretary](/usc/30/1702.md?p=15) shall be deemed to have issued a final decision in favor of the [Secretary](/usc/30/1702.md?p=15), which decision shall be deemed to affirm those issues for which the agency rendered a decision prior to the end of such period, as to any monetary [obligation](/usc/30/1702.md?p=25) the principal amount of which is $10,000 or more, and the appellant shall have a right to judicial review of such deemed final decision in accordance with title 5.
- (i) **Collections of disputed amounts due—** To expedite collections relating to disputed [obligations](/usc/30/1702.md?p=25) due within the seven-year period beginning on the date the [obligation](/usc/30/1702.md?p=25) became due, the parties shall hold not less than one settlement consultation and the [Secretary](/usc/30/1702.md?p=15) and the [State concerned](/usc/30/1702.md?p=31) may take such action as is appropriate to compromise and settle a disputed [obligation](/usc/30/1702.md?p=25), including waiving or reducing interest and allowing offsetting of [obligations](/usc/30/1702.md?p=25) among [leases](/usc/30/1702.md?p=5).
- (j) **Enforcement of claim for judicial review—** In the event a [demand](/usc/30/1702.md?p=23) subject to this section is properly and timely commenced, the [obligation](/usc/30/1702.md?p=25) which is the subject of the [demand](/usc/30/1702.md?p=23) may be enforced beyond the seven-year limitations period without being barred by this statute of limitations. In the event a [demand](/usc/30/1702.md?p=23) subject to this section is properly and timely commenced, a judicial proceeding challenging the final agency action with respect to such [demand](/usc/30/1702.md?p=23) shall be deemed timely so long as such judicial proceeding is commenced within 180 days from receipt of notice by the [lessee](/usc/30/1702.md?p=7) or its [designee](/usc/30/1702.md?p=24) of the final agency action.
- (k) **Implementation of final decision—** In the event a judicial proceeding or [demand](/usc/30/1702.md?p=23) subject to this section is timely commenced and thereafter the limitation period in this section 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 a final unappealable judicial or administrative decision, including any action required or necessary to implement such decision by the recovery or recoupment of an [underpayment](/usc/30/1702.md?p=32) or [overpayment](/usc/30/1702.md?p=27) by means of [refund](/usc/30/1702.md?p=30) or [credit](/usc/30/1702.md?p=21).
- (l) **Stay of payment obligation pending review—** Any [person](/usc/30/1702.md?p=12) ordered by the [Secretary](/usc/30/1702.md?p=15) or a [delegated State](/usc/30/1702.md?p=22) to pay any [obligation](/usc/30/1702.md?p=25) (other than an [assessment](/usc/30/1702.md?p=19)) shall be entitled to a stay of such [payment](/usc/30/1702.md?p=28) without bond or other surety instrument pending an administrative or judicial proceeding if the [person](/usc/30/1702.md?p=12) periodically demonstrates to the satisfaction of the [Secretary](/usc/30/1702.md?p=15) that such [person](/usc/30/1702.md?p=12) is financially solvent or otherwise able to pay the [obligation](/usc/30/1702.md?p=25). In the event the [person](/usc/30/1702.md?p=12) is not able to so demonstrate, the [Secretary](/usc/30/1702.md?p=15) may require a bond or other surety instrument satisfactory to cover the [obligation](/usc/30/1702.md?p=25). Any [person](/usc/30/1702.md?p=12) ordered by the [Secretary](/usc/30/1702.md?p=15) or a [delegated State](/usc/30/1702.md?p=22) to pay an [assessment](/usc/30/1702.md?p=19) shall be entitled to a stay without bond or other surety instrument.

## Source credit

(Pub. L. 97–451, title I, § 115, as added Pub. L. 104–185, § 4(a), Aug. 13, 1996, 110 Stat. 1704; amended Pub. L. 104–200, § 1(2), Sept. 22, 1996, 110 Stat. 2421.)

## Notes

### Editorial Notes

### Codification

Pub. L. 104–185, § 4(a), which directed the addition of this section after section 114 of the Federal Oil and Gas Royalty Management Act of 1982, Pub. L. 97–451, was executed by adding this section after section 113 to reflect the probable intent of Congress because Pub. L. 97–451 did not contain a section 114.

### Amendments

1996—Subsec. (l). Pub. L. 104–200 inserted “so” after “the person is not able to”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable with respect to production of oil and gas after the first day of the month following Aug. 13, 1996, except as provided by subsec. (h) of this section, see section 11 of Pub. L. 104–185, set out as an Effective Date of 1996 Amendment note under section 1701 of this title.

### Applicability

Section not applicable to any privately owned minerals or with respect to Indian lands, see sections 9 and 10 of Pub. L. 104–185, set out as an Applicability of 1996 Amendment note under section 1701 of this title.