that the royalty rate shall be 1212 per centum in amount or value of the production removed or sold from said leases, as to (1) such leases, or such part of the lands subject thereto, and the deposits underlying the same, as are not believed to be within the productive limits of any producing oil or gas deposit, as such productive limits are found by the Secretary to exist on the effective date of this section, and (2) any production on a lease from an oil or gas deposit which was discovered after May 27, 1941, by a well or wells drilled within the boundaries of the lease, and which is determined by the Secretary to be a new deposit; and (3) any production on or allocated to a lease pursuant to an approved unit or cooperative agreement from an oil or gas deposit which was discovered after May 27, 1941, on land committed to such agreement, and which is determined by the Secretary to be a new deposit, where such lease, or a lease for which it is exchanged, was included in such agreement at the time of discovery, or was included in a duly executed and filed application for the approval of such agreement at the time of discovery. (Aug. 8, 1946, ch. 916, § 4, 60 Stat. 952.) Saving clause, see note under section 181 of this title. § 226e. Cooperative or unit plans; regulations; approval of contracts; prevention of waste. For the purpose of more properly conserving the natural resources of any oil or gas pool, field, or like area, or any part thereof (whether or not any part of said oil or gas pool, field, or like area, is then subject to any cooperative or unit plan of development or operation), lessees thereof and their representatives may unite with each other, or jointly or separately with others, in collectively adopting and operating under a cooperative or unit plan of development or operation of such pool, field, or like area, or any part thereof, whenever determined and certified by the Secretary of the Interior to be necessary or advisable in the public interest. The Secretary is thereunto authorized, in his discretion, with the consent of the holders of leases involved, to establish, alter, change, or revoke drilling, producing, rental, minimum royalty, and royalty, requirements of such leases and to make such regulations with reference to such leases, with like consent on the part of the lessees, in connection with the institution and operation of any such cooperative or unit plan as he may deem necessary or proper to secure the proper protection of the public interest. The Secretary may provide that oil and gas leases hereafter issued under sections 181-184, 185-188, 189194, 201, 202-209, 211-214, 233, 224-226, 226d, 226e, 227-229a, 241, 251, 261-263 of this title shall contain a provision requiring the lessee to operate under such a reasonable cooperative or unit plan, and he may prescribe such a plan under which such lessee shall operate, which shall adequately protect the rights of all parties in interest, including the United States. Any plan authorized by the preceding paragraph, which includes lands owned by the United States, may in the discretion of the Secretary, contain a provision whereby authority is vested in the Secretary of the Interior, or any such person, committee, or State or Federal officer or agency as may be designated in the plan, to alter or modify from time to time the rate of prospecting and development and the quantity and rate of production under such plan. All leases operated under any such plan approved or prescribed by the Secretary shall be excepted in determining holdings or control under the provisions of any of said sections. When separate tracts cannot be independently developed and operated in conformity with an established well-spacing or development program, any lease, or a portion thereof, may be pooled with other lands, whether or not owned by the United States, under a communitization or drilling agreement providing for an apportionment of production or royalties among the separate tracts of land comprising the drilling or spacing unit when determined by the Secretary of the Interior to be in the public interest, and operations or production pursuant to such an agreement shall be deemed to be operations or production as to each such lease committed thereto. Any lease issued for a term of twenty years, or any renewal thereof, or any portion of such lease that has become the subject of a cooperative or unit plan of development or operation of a pool, field, or like area, which plan has the approval of the Secretary of the Interior, shall continue in force until the termination of such plan. Any other lease issued under any said sections which is committed to any such plan that contains a general provision for allocation of oil or gas shall continue in force and effect as to the land committed so long as the lease remains subject to the plan, provided oil or gas is discovered under the plan prior to the expiration date of the primary term of such lease. The minimum royalty or discovery rental under any lease that has become subject to any cooperative or unit plan of development or operation, or other plan that contains a general provision for allocation of oil or gas, shall be payable only with respect to the lands subject to such lease to which oil or gas shall be allocated under such plan. Any lease which shall be eliminated from any such approved or prescribed plan, or from any communitization or drilling agreement authorized by this section, and any lease which shall be in effect at the termination of any such approved or prescribed plan, or at the termination of any such communitization or drilling agreement, unless relinquished, shall continue in effect for the original term thereof, but for not less than two years, and so long thereafter as oil or gas is produced in paying quantities. The Secretary of the Interior is hereby authorized, on such conditions as he may prescribe, to approve operating, drilling, or development contracts made by one or more lessees of oil or gas leases, with one or more persons, associations, or corporations whenever, in his discretion and regardless of acreage limitations provided for in said sections, the conservation of natural products or the public convenience or necessity may require it or the interests of the United States may be best subserved thereby. The Secretary of the Interior, to avoid waste or to promote conservation of natural resources, may authorize the subsurface storage of oil or gas, whether or not produced from federally owned lands, in lands leased or subject to lease under said sections. Such authorization may provide for the payment of a storage fee or rental on such stored oil or gas, or, in lieu of such fee or rental, for royalty other than that prescribed in the lease when such stored oil or gas is produced in conjunction with oil or gas not previously produced. Any lease on which storage is so authorized shall be extended at least for the period of storage and so long thereafter as oil or gas not previously produced is produced in paying quantities. (Aug. 8, 1946, ch. 916, § 5, 60 Stat. 952.) Saving clause see note under section 181 of this title. §§ 227-229. Transfer of functions. - The General Land Office was abolished and its functions transferred to the Bureau of Land Management by 1946 Reorg. Plan No. 3, § 403. eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100, and regulations thereunder. See note under section 1 of title 43. Cross references. - Surrender of leases see section 188a of this title. § 236b. Leases within naval petroleum reserves; effect of other laws.-Nothing in sections 181-184, 185-188, 189-194, 201, 202-209, 211-214, 223, 224-226, 226d, 226e, 227-229a, 241, 251, 261-263 of this title shall be construed as affecting existing leases within the borders of the naval petroleum reserves, or agreements concerning operations thereunder or in relation thereto, but the Secretary of the Navy is authorized, with the consent of the President, to enter into agreements such as those provided for in section 26e of this title, which agreements shall not, unless expressed therein, operate to extend the term of any lease affected thereby. (Aug. 8, 1946, ch. 916, § 13, 60 Stat. 958.) § § 261-263. Surrender of leases, see section 188a of this title. § 285. Laws applicable. -The general provisions of sections 182184, 185-188, 189–194, inclusive, of this title, are made applicable to permits and leases under sections 281-284 of this title. (As amended Aug. 8, 1946, ch. 916, § 11, 60 Stat. 957.) Act Aug. 8, 1946, cited to text, amended section by excluding the incorporation, by reference, of section 181 of this title, the latter section having been amended by said act Aug. 8, 1946, to include deposits of potassium. Saving clause see note under section 181 of this title. CHAPTER 6. - SYNTHETIC LIQUID FUEL DEMONSTRATION PLANTS § 321. Construction and operation of plants producing synthetic liquid fuel from coal, oil shale, agricultural and forestry products, size; amount of production. - The Secretary of the Interior, acting through the Bureau of Mines, within the limits of critical materials available, is authorized for not more than eight years to construct, maintain, and operate one or more demonstration plants to produce synthetic liquid fuels from coal, oil shale, and other substances, and one or more demonstration plants to produce liquid fuels from agricultural and forestry products, with all facilities and accessories for the manufacture, purification, storage, and distribution of the products. The plants shall be of the minimum size which will allow the Government to furnish industry the necessary cost and engineering data for the development of a synthetic liquid-fuel industry, and of such size that the combined product of all the plants constructed in accordance with this chapter will not constitute a commercially significant amount of the total national commercial sale and distribution : of petroleum and petroleum products. Any activities under this chapter relating to the production of liquid fuels from agricultural and forestry products shall be carried out in cooperation with the Department of Agriculture and subject to the direction of the Secretary of Agriculture and that not to exceed $1,000,000 of the amount authorized by this Act may be applied to a program of production research on secondary recovery from stripper oil fields and in refining processes. (Apr. 5, 1944, ch. 172, § 1, 58 Stat. 190; amended Mar. 15, 1948, ch. 117, 62 Stat. 79.) 1948 Amendment.-Act Mar. 15, 1948, cited to text, amended section by inserting "eight years" in lieu of "five years," and by adding "and that not *** in refining process" at end of section. Appropriations. - Section 6 of Act Apr. 5, 1944, as amended by Act Mar. 15, 1948, both cited to text, provided; "There is authorized to be appropriated not to exceed the sum of $60,000,000 to carry out the provisions of this Act (this chapter)." TITLE 31.- MONEY AND FINANCE Chapter 2.-AUDIT AND SETTLEMENT OF ACCOUNTS § 82a-1. Relief of accountable officers of liability for loss. The General Accounting Office is authorized, after consideration of the pertinent findings and if in concurrence with the determinations and recommendations of the head of the department or independent establishment concerned, to relieve any disbursing or other accountable officer or agent or former disbursing or other accountable officer or agent of any such department or independent establishment of the Government charged with responsibility on account of physical loss or deficiency of Government funds, vouchers, records, checks, securities, or papers in his charge, if the head of the department or independent establishment determines (1) that such loss or deficiency occurred while such officer or agent was acting in the discharge of his official duties, or that such loss or deficiency occurred by reason of the act or omission of a subordinate of such officer or agent; and (2) that such loss or deficiency occurred without fault or negligence on the part of such officer or agent. This section shall be applicable only to the actual physical loss or deficiency of Government funds, vouchers, records, checks, securities, or papers, and shall not include deficiencies in the accounts of such officers or agents resulting from illegal or erroneous payments. (Aug. 1, 1947, ch. 441, § 1, 61 Stat. 720.) Effect On Other Laws. - Section 2 of Act Aug. 1, 1947, cited to text, provided that this section should not operate to repeal the provisions of sections 95a and 105 of this title. Cross references. -Army disbursing officers, relief of, see section 95a of this title. Certifying officers, relief by Comptroller General, see section 82c of this title. Disbursing and certifying officers Exemption from liability for advances to defense relocation corporations, see section 82h of this title. Exemption from liability for overpayments for transportaion, see section 82g of this title. Navy disbursing officers, relief of, see section 105, of this title. § 82h. Disbursing and certifying officers; exemption from liability for advances to defense relocation corporations. - The Comptroller General of the United States is authorized and directed to allow credit in the accounts of disbursing and certifying officers for advances made in good faith on behalf of the Department of Agriculture to defense relocation corporations and land purchasing associations. (Aug. 14, 1946, ch. 964, § 6, 60 Stat. 1079.) § 82i. Limitation on time for final settlement of monthly or quarterly accounts of fiscal officers by General Accounting Office; suspension during war. Effective three years after May 19, 1947, the monthly or quarterly accounts of any disbursing, accountable, or certifying officer of the Government shall be settled by the General Accounting Office within a period of not to exceed three years from the date of the receipt of the account by the General Accounting Office. A copy |