Page:United States Statutes at Large Volume 110 Part 2.djvu/908

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110 STAT. 1700 PUBLIC LAW 104-185—AUG. 13, 1996 Public Law 104-185 104th Congress An Act Aug. 13, 1996 [H.R. 1975] Federal Oil and Gas Royalty Simplification and Fairness Act of 1996. 30 USC 1701 note. 30 USC 1702. To improve the management of royalties from Federal and Outer Continental Shelf oil and gas leases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Federal Oil and Gas Royalty Simplification and Fairness Act of 1996". SEC. 2. DEFINITIONS. Section 3 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.) is amended— (1) by amending paragraph (7) to read as follows: "(7) 'lessee' means any person to whom the United States issues an oil and gas lease or any person to whom operating rights in a lease have been assigned;"; and (2) by striking "and" at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting a semicolon, and by adding at the end the following: "(17) 'adjustment' means an amendment to a previously filed report on an obligation, and any additional payment or credit, if any, applicable thereto, to rectify an underpayment or overpayment on an obligation; "(18) 'administrative proceeding' means any Department of the Interior agency process in which a demand, decision or order issued by the Secretary or a delegated State is subject to appeal or has been appealed; "(19) 'assessment' means any fee or charge levied or imposed by the Secretary or a delegated State other than— "(A) the principal amount of any royalty, minimum royalty, rental bonus, net profit share or proceed of sale; "(B) any interest; or "(C) any civil or criminal pensdty; "(20) 'commence' means— "(A) with respect to a judicial proceeding, the service of a complaint, petition, counterclaim, cross claim, or other pleading seeking affirmative relief or seeking credit or recoupment: Provided, That if the Secretary commences a judicial proceeding against a designee, the Secretary shall give notice of that commencement to the lessee who designated the designee, but the Secretary is not required to give notice to other lessees who may be liable pursuant to section 102(a) of this Act, for the obligation that is the subject of the judicial proceeding; or