Page:United States Statutes at Large Volume 110 Part 2.djvu/916

 110 STAT. 1708 PUBLIC LAW 104-185—AUG. 13, 1996 "(I) be issued within a reasonable period of time from when the audit identifies the systemic, reporting errors; "(11) specify the reasons and factual bases for such order; "(III) be specifically identified as an 'order to perform a restructured accounting*; "(IV) provide the lessee or its designee a reasonable period of time (but not less than 60 days) within which to perform the restructured accounting; and "(V) provide the lessee or its designee 60 days within which to file an administrative appeal of the order to perform a restructured accounting. '(C) An order to perform a restructured accounting shall not mean or be construed to include any other action by or on behalf of the Secretary or a delegated State. Notice. "(D) If a lessee or its designee fails to substantially comply with the requirement to perform a restructured accounting pursuant to this subsection, a notice shall be issued to the lessee or its designee that the lessee or its designee has not substantially complied with the requirements to perform a restructured accounting. A lessee or its designee shall be given a reasonable time within which to perform the restructured accounting. Such notice may be issued under this section only by an Assistant Secretary of the Interior or an acting Assistant Secretary of the Interior who is a schedule C employee (as defined by section 213.3301 of title 5, Code of Federal Regulations) and may not be delegated to any other person. If a State has been delegated authority pursuant to section 205, the State, acting through the highest State official having ultimate authority over the collection of royalties from leases on Federal lands within the State, may issue such notice, which may not be delegated to any other person. " (e) TERMINATION OF LIMITATIONS PERIOD. — An action or an enforcement of an obligation by the Secretary or delegated State or a lessee or its designee shall be barred under this section prior to the running of the seven-year period provided in subsection (b) in the event— "(1) the Secretary or a delegated State has notified the lessee or its designee in writing that a time period is closed to further audit; or "(2) the Secretary or a delegated State and a lessee or its designee have so agreed in writing. For purposes of this subsection, notice to, or an agreement by, the designee shall be binding on any lessee who is liable pursuant to section 102(a) for obligations that are the subject of the notice or agreement. " (f) RECORDS REQUIRED FOR DETERMINING COLLECTIONS.— Records required pursuant to section 103 of this Act by the Secretary or any delegated State for the purpose of determining obligations due and compligmce with any applicable mineral leasing law, lease provision, regulation or order with respect to oil and gas leases from Federal lands or the Outer Continental Shelf shall be maintained for the same period of time during which a judicial proceeding or demand may be commenced under subsection (b). If a judicial proceeding or demand is timely commenced, the record holder shall maintain such records until the final nonappealable decision in such judicial proceeding is made, or with respect to

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