Page:United States Statutes at Large Volume 110 Part 2.djvu/909

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PUBLIC LAW 104-185—AUG. 13, 1996 110 STAT. 1701 "(B) with respect to a demand, the receipt by the Secretary or a delegated State or a lessee or its designee (with written notice to the lessee who designated the designee) of the demand; "(21) 'credit' means the application of an overpayment (in whole or in part) against an obligation which has become due to discharge, cancel or reduce the obligation; "(22) 'delegated State' means a State which, pursuant to an agreement or agreements under section 205 of this Act, performs authorities, duties, responsibilities, or activities of the Secretary; "(23) 'demand' means— "(A) an order to pay issued by the Secretary or the applicable delegated State to a lessee or its designee (with written notice to the lessee who designated the designee) that has a reasonable basis to conclude that the obligation in the amount of the demand is due and owing; or "(B) a separate written request by a lessee or its designee which asserts an obligation due the lessee or its designee that provides a reasonable basis to conclude that the obligation in the amount of the demand is due and owing, but does not mean any royalty or production report, or any information contained therein, required by the Secretary or a delegated State; "(24) 'designee' means the person designated by a lessee pursuant to section 102(a) of this Act, with such written designation effective on the date such designation is received by the Secretary and remaining in effect until the Secretary receives notice in writing that the designation is modified or terminated; "(25) 'obligation' means— "(A) any duty of the Secretary or, if applicable, a delegated State— "(i) to take oil or gas royalty in kind; or "(ii) to pay, refund, offset, or credit monies including (but not limited to)— "(I) the principal amount of any royalty, minimum royalty, rental, bonus, net profit share or proceed of sale; or "(II) any interest; and "(B) any duty of a lessee or its designee (subject to the provision of section 102(a) of this Act)— "(i) to deliver oil or gas royalty in kind; or "(ii) to pay, offset or credit monies including (but not limited to)— "(I) the principal amount of any royalty, minimum royalty, rental, bonus, net profit share or proceed of sale; "(II) any interest; "(III) any penalty; or " (IV) any assessment, which arises from or relates to any lease administered by the Secretary for, or any mineral leasing law related to, the exploration, production and development of oil or gas on Federal lands or the Outer Continental Shelf; "(26) 'order to pay' means a written order issued by the Secretary or the applicable delegated State to a lessee or its