--- kind: "section" citation: "30 U.S.C. § 1734" title: "30" title_heading: "Mineral Lands and Mining" number: "1734" heading: "State suits under Federal law" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/30/1734" units: - "Chapter 29 — Oil and Gas Royalty Management" - "Subchapter II — States and Indian Tribes" --- # §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](/usc/30/1702.md?p=16) may [commence](/usc/30/1702.md?p=20) a civil action under this section against any [person](/usc/30/1702.md?p=12) to recover any [royalty](/usc/30/1702.md?p=14), interest, or civil [penalty](/usc/30/1702.md?p=29) which the [State](/usc/30/1702.md?p=16) believes is due, based upon credible evidence, with respect to any oil and gas [lease](/usc/30/1702.md?p=5) on [Federal lands](/usc/30/1702.md?p=1) located within the [State](/usc/30/1702.md?p=16). - (2) - (A) No action may be commenced under [paragraph (1)](#a-1) prior to 90 days after the [State](/usc/30/1702.md?p=16) has given notice in writing to the [Secretary](/usc/30/1702.md?p=15) of the [payment](/usc/30/1702.md?p=28) required. Such 90-day limitation may be waived by the [Secretary](/usc/30/1702.md?p=15) on a case-by-case basis. - (B) If, within the 90-day period specified in [subparagraph (A)](#a-2-A), the [Secretary](/usc/30/1702.md?p=15) issues a [demand](/usc/30/1702.md?p=23) for the [payment](/usc/30/1702.md?p=28) concerned, no action may be commenced under [paragraph (1)](#a-1) with respect to such [payment](/usc/30/1702.md?p=28) during a 45-day period after issuance of such [demand](/usc/30/1702.md?p=23). If, during such 45-day period, the [Secretary](/usc/30/1702.md?p=15) receives [payment](/usc/30/1702.md?p=28) in full, no action may be commenced under [paragraph (1)](#a-1). - (C) If the [Secretary](/usc/30/1702.md?p=15) refers the case to the Attorney General of the [United States](/usc/30/1702.md?p=33) within the 45-day period referred to in [subparagraph (B)](#a-2-B) or within 10 business days after the expiration of such 45-day period, no action may be commenced under [paragraph (1)](#a-1) if the Attorney General, within 45 days after the date of such referral, [commences](/usc/30/1702.md?p=20), and thereafter diligently prosecutes, a civil action in a court of the [United States](/usc/30/1702.md?p=33) with respect to the [payment](/usc/30/1702.md?p=28) concerned. - (3) The [State](/usc/30/1702.md?p=16) shall notify the [Secretary](/usc/30/1702.md?p=15) and the Attorney General of the [United States](/usc/30/1702.md?p=33) of any suit filed by the [State](/usc/30/1702.md?p=16) under this section. - (4) A court in issuing any final order in any action brought under [paragraph (1)](#a-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)](#a) of this section may be brought only in a [United States](/usc/30/1702.md?p=33) district court for the judicial district in which the [lease site](/usc/30/1702.md?p=6) 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](/usc/30/1702.md?p=28) 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](/usc/30/1702.md?p=29) recovered by a [State](/usc/30/1702.md?p=16) under [subsection (a)](#a) shall be retained by the [State](/usc/30/1702.md?p=16) and may be expended in such manner and for such purposes as the [State](/usc/30/1702.md?p=16) deems appropriate. - (2) Any rent, [royalty](/usc/30/1702.md?p=14), or interest recovered by a [State](/usc/30/1702.md?p=16) under [subsection (a)](#a) shall be deposited in the Treasury of the [United States](/usc/30/1702.md?p=33) in the same manner, and subject to the same requirements, as are applicable in the case of any rent, [royalty](/usc/30/1702.md?p=14), or interest collected by an officer or employee of the [United States](/usc/30/1702.md?p=33), except that such amounts shall be deposited in the Treasury not later than 10 days after receipt by the [State](/usc/30/1702.md?p=16). ## Source credit (Pub. L. 97–451, title II, § 204, Jan. 12, 1983, 96 Stat. 2458.)