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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.
$ 226 (e) 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, 189–194, 201, 202–209, 211–214, 233, 224–226, 226d, 226, 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 Ünited 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 com
prising 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.
Âny 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 of 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 a 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. 88 227–229. 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, 8 403, 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, 226, 226, 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 226e 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.)
§ 285. Laws applicable.—The general provisions of sections 182– 184, 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.
TITLE 31—MONEY AND FINANCE
The National Budget and Audit System-Audit and Settlement of Accounts Sec. 82h. Disbursing and certifying officers; exemption from liability for advances
to defense relocation corporations. 119. Repealed. 149–150. Provisions of permanent appropriations repeal act concerning unpaid
checks. 215 217. Repealed.
The Public Moneys 528. Duplicates for lost, stolen, destroyed, mutilated or defaced checks. 529. Advances of public moneys; prohibition against.
Financial Control of Government Corporations (New) 841. Declaration of policy. 846. Definition of "wholly owned Government corporation." 847. Preparation of annual budget program; form, content, manner of
presentation, 848. Transmission of budget programs to Congress; amendments; effective
date. 849. Consideration of programs by Congress; enactment of necessary legis
lation; effect of section on existing authority of corporations. 850. Audit of financial transactions; rules and regulations; retention of cer
tain powers of Tennessee Valley Authority; place of audit; access to
books, etc., effective date. 851. Audit report to Congress; scope and contents; specific itemization of
operations without color of authority; copies to President, etc. 852. Corporation deemed Government agency; approval by Congress; effect;
entity unaffected. 856.
Definition of “mixed-ownership Government corporations." 857. Audit of financial transactions; rules and regulations; place of audit;
access to books, records, etc. effective date. 858. Audit report to Congress; scope and contents; specific itemization of
operations without color of authority; copies to President, etc. 859. Presidential recommendations as to return of Government capital to
Auditing expenses. 867. Depositary for banking or checking accounts; exemption of temporary
accounts and accounts of certain corporations. 868. Bonds, notes and debentures, etc. 869. Creation, organization, or acquisition of corporations: liquidation
THE NATIONAL BUDGET AND AUDIT SYSTEM
AUDIT AND SETTLEMENT OF ACCOUNTS 8 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.)
$ 119. Repealed. Dec. 3, 1945, ch. 515, § 2, 59 Stat. 594, eff. Dec. 1, 1945.
Section, amended by act June 10, 1921, ch. 18, § 304, 42 Stat. 24, is now covered by section 528 of this title.
$$ 149, 150.—Provisions of Permanent Appropriations Repeal Act concerning unpaid checks, see section 725t of this title.
88 215-217. Repealed. Aug. 2, 1946, ch. 753, title IV, § 424 (a), 60 Stat. 846.
THE PUBLIC MONEYS
$ 528. Duplicates for lost, stolen, destroyed, mutilated or defaced checks-(a) Issuance of duplicates; bond of indemnity; liability for erroneous issuance.-Except as provided in this section, whenever it is clearly proved to the satisfaction of the Secretary of the Treasury that any original check of the United States is lost, stolen, or wholly or partly destroyed, or is so multilated or defaced as to impair its value to its owner or holder, the Secretary of the Treasury is authorized, before the close of the fiscal year following the fiscal year in which the original check was issued to transfer the amount of the original check from the account of the drawer to a special deposit account carried in the name of the Secretary of the Treasury on the books of the Treasurer of the United States, and to issue against such special deposit account to the owner or holder thereof a substitute under current date showing such information as may be necessary to identify the original check, upon the receipt and approval by the Secretary of the Treasury of an undertaking to indemnify the United States, in such form and amount and with such surety, sureties, or security, if any, as the Secretary of the Treasury may require; but no such substitute shall be payable if the original check shall first have been paid:Provided, That nothing contained in this section shall be deemed to relieve any certifying officer or his sureties or any disbursing officer or his sureties of any liability to the United States on account of any payment resulting from the erroneous issuance of the original check: And provided further, That the authority conferred in this section to issue substitute checks may, in the case of checks issued on account of public-debt obligations and transactions regarding the administration of banking and currency laws, be exercised without limitation of time.
(b) Exceptions.-An undertaking of indemnity shall not be required under subsection (a) of this section in any of the following classes of cases except as provided in this subsection: (1) If the Secretary of the Treasury is satisfied that the loss, theft, destruction, mutilation, or defacement, as the case may be, occurred without fault of the owner or holder and while the check was in the custody or control of the United States (including the postal service when carrying mail for any officer, employee, agent, or agency of the United States when performing services in connection with an official function of the United States, but not including the postal service when otherwise acting solely in its capacity as a public carrier of the mail), or of a person thereunto duly authorized as lawful agent of the United States, or while it was in the course of shipment effected pursuant to and in