(a) All or part of the following authorities and responsibilities of the Secretary under the Act may be delegated to a State authority:
(1) Conduct of audits related to oil and gas royalty payments made to the Office of Natural Resources Revenue (ONRR) which are attributable to leased Federal or Indian lands within the State. Delegations with respect to any Indian lands require the written permission, subject to the review of the ONRR, of the affected Indian tribe or allottee.
(2) Conduct of investigations related to oil and gas royalty payments made to the ONRR which are attributable to leased Federal lands or Indian lands within the State. Delegation with respect to any Indian lands require the written permission, subject to the review of the ONRR, of the affected Indian tribe or allottee. No investigation will be initiated without the specific approval of the ONRR or the Secretary's designee and in accordance with the Departmental Manual.
(b) The following authorities and responsibilities are specifically reserved to the ONRR and are not delegable under these regulations:
(1) Enforcement actions to assess and collect additional royalties identified as a consequence of audits, inspections, and investigations. These include all actions related to resolution of royalty obligations so identified, and the establishment and maintenance of payment performance bonds which may be required during the resolution process.
(2) Enforcement actions to collect civil penalties and interest charges related to findings of audits, inspections, and investigations.
(3) Administration of all appeals and all actions of the Department related to administrative and judicial litigation.
(4) Issuance of subpoenas.
(c) The provisions of this section do not limit the authority provided to the States by section 204 of the Act.
[49 FR 40026, Oct. 12, 1984]