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![handle is hein.gao/gaobadnsy0001 and id is 1 raw text is:
&u The Comptroller General
of the United States
Wahington, D.C. 20548
Decision
Matter of: Implied Repeal of Date for Forest Service
Royalty Payments to States
File: B-236057
Date: May 9, 1990
DIGEST
Section 111(b) of the Federal Oil and Gas Royalty Management
Act of 1982 (FOGRMA), 30 U.S.C. § 1721(b), imposes an
interest charge on any payment of oil or gas royalties made
by the Secretary of the Interior which is not paid on the
[monthly] date required under section 35 of the Mineral
Leasing Act (MLA). 30 U.S.C. § 191. We believe this
interest charge provision applies only to payments that are
subject to the monthly payment date specified in section 35.
Oil or gas royalty payments from National Forest acquired
lands, which the Forest Service is effectively responsible
for disbursing, are required to be distributed annually, in
accordance with 16 U.S.C. § 500, and are not subject to the
monthly payment requirement of section 35 of the MLA. In
our view, nothing in FOGRMA changes this annual distribution
date requirement for the Forest Service. Accordingly,
these payments are not required to be made monthly as
specified in section 35 of the MLA and are not subject to
the interest charge provision of section 111(b) of FOGRMA.
DECISION
This decision responds to a June 29, 1989, request from
Mr. Darold D. Foxworthy, an authorized certifying officer
for the Forest Service, United States Department of
Agriculture, pursuant to 31 U.S.C. § 3529. Mr. Foxworthy
asks whether oil and gas receipts derived from National
Forest acquired lands, which the Forest Service is
effectively responsible for disbursing, are subject to the
monthly payment requirement of section 35 of the Mineral
Leasing Act of 1920 (MLA), 30 U.S.C. § 191, and to the late
payment charge imposed by section 111(b) of the Federal Oil
and Gas Royalty Management Act of 1982. 30 U.S.C.
§ 1721(b).
For the reasons set forth below, we have concluded that
neither the monthly payment requirement of section 35 of the
MLA nor the interest penalty provision of section 111(b) of](ViewImageLocal?handle=hein.gao/gaobadnsy0001&div=1&collection=&method=preview&ext=.png&size=3)