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B-205877 1 (1982-03-16)

handle is hein.gao/gaobadkdt0001 and id is 1 raw text is: 931CIION 4 FILE: B-205877 DATEi March 16, 1982 MATTER OF; Refurns by Department of Interior of Excess Royalty Poyments DIGEST: 1, Ovepayents made under royaltr oil sales contracts between the C-overnment and small refiners, under sectI6n 27 of the Outer Continental Shelf Lands Act, as anended, may not be refunded under, section 10 of the Act, because they were not covered into the Treasury.under section 9 of the Act, such payments were not-made under any lease on the Outer Continen- tal Shelf as required in section 9, even though the oil being sold was extracted pursuant to leases issued under that section. Pefunds from the United States Treasury under section 10 may only be made for funds covered into the Treasury under section 9. 2, Royalty payments collected by-the DepartwTint of the Interltor under section 27 of the Outer Continental Shelf F4ands Act, as amended, way be refunded from the permanent appropriation created by 31 US.C. § 725c-l (1976),upon a determination by the Department of the Interior that payments exceeded the amount due the Goverrment, if otherwise proper. Refunds may be made from tat apprbpfiation when fundswere erroneously coverc' into the Treasury as miscellaneous receipts, and their refund is not properly chargeable to some other appropriation. This decision is in response to a request from the Solicitor of the Department of the Interior. The Solicitor asks whether Interior may properly use the permanent appropriatibn 6ontained in 31 U.s.c. s 725q-1 (1976)to effect the refund of overpayments made by refiners purchasing Federal royalty oil producLd from the Outer Continental Shelf. For the reasons indicated below, we conclude that the perma- nent appropriation is available for these refunds if Interior deter- mines that refunds are, in fact, due. This decision, however, does not rule on the propriety of the refund claims themselves. ...In accordance with the provisions of. section 8 of the Outer continental Shelf Lds' Act, as amended,, 43 U.S.C. § 1337 (Supp i.i 1980), Interior (through the U.S. Geological Survey) leases to private fixms the right to extract crude oil from the Outer Continental Shelf. Under section 27 of the Act, as amended, 43 U.S.C. s 1353(b) (Supp Ill 1980), Interior takes from lessees some of the oil extracted under these leases as payment in kind. That oil is sold to small refiners in order to assure them of a constant supply, in times of shortage. The Solicitor advises us that Interior routinely bills the small ... -I , f. .-- THECOMPTROLLW GENERAL OF THE UNITED STATEB WASHINGTON, OO, 20548

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