In re Disposition of Receipts From Leases of Oil and Gas Rights Within National Wildlife Refuge System

• Decision Date: 29 July 1975
• Docket Number: B-118678
• Citation: 55 Comp.Gen. 117
• Parties: IN THE MATTER OF THE DISPOSITION OF RECEIPTS FROM LEASES OF OIL AND GAS RIGHTS WITHIN THE NATIONAL WILDLIFE REFUGE SYSTEM
• Court: Comptroller General of the United States

55 Comp.Gen. 117

IN THE MATTER OF THE DISPOSITION OF RECEIPTS FROM LEASES OF OIL AND GAS RIGHTS WITHIN THE NATIONAL WILDLIFE REFUGE SYSTEM

No. B-118678

Comptroller General of the United States

July 29, 1975

Oil and gas - leases - within national wildlife refuges - disposition of receipts from oil and gas rights receipts from oil and gas leases on lands within the national wildlife refuge system and administered by the fish and wildlife service, whether the lands were made part of the system by acquisition or by withdrawal from the public domain, are required to be disposed of pursuant to 16 U.S.C. 715s rather than pursuant to the mineral leasing act which generally prescribes disposition of receipts from leases of mineral rights in the public lads, because, to the extent there is a conflict between the requirements of the statutes, the more recent one is controlling.

This decision is in response to a request from the solicitor department of the interior, asking whether we concur in the conclusion of a memorandum prepared by this office, that receipts from oil and gas leases on wildlife refuges created by withdrawals of public lands are required to be reserved in the discrete "refuge receipts account" established pursuant to 16 U.S.C. 715s (1970) and distributed according to the scheme established thereby, rather than to be covered into the treasury pursuant to the mineral leasing act, 30 U.S.C. 191, and distributed as are other mineral lease receipts under the latter act.

The question arises as a result of the 1964 amendment to 16 U.S.C. 715s. Prior to the amendment, section 715s provided generally that 25 percent of the net proceeds from the sale or other disposition of " * * * surplus wildlife, or of timber, hay, grass, or other spontaneous products of the soil, shell, sand, or gravel, and from other privileges * * * " on national wildlife refuges was to be paid annually by the secretary of the treasury to the counties in which the refuges are located, to be used for public schools and roads. Refuges established under the migratory bird conservation act, or any other law, proclamation, or executive order, and administered by the United States fish and wildlife service were included.

Public law 88-523, 78 Stat. 701, August 30, 1964, amended 16 U.S.C 715s to read in pertinent part as follows:

(a) beginning with the next full fiscal year and for each fiscal year thereafter, all revenues received by the secretary of the interior from the sale or other disposition of animals, timber, hay, grass, or other products of the soil, minerals, shells, sand, or gravel from other privileges, * * * during each fiscal year in connection with the operation and management of those areas of the national wildlife refuge system that are solely or primarily administered by him, through the United States treasury and be reserved in a separate fund for disposition as hereafter prescribed. * * * the national wildlife refuge system (hereafter referred to as the "system") includes those lands and waters administered by the secretary as wildlife refuges, wildlife ranges, game ranges, wildlife management areas, and waterfowl production areas established under any law, proclamation, executive, or public land order.

(c) the secretary, at the end of fiscal year, shall pay, out of the net receipts in the fund (after payment of necessary expenses) for such fiscal year, which funds shall be expended solely for the benefit of public schools and roads as follows:

(1) to each county in which reserved public lands in an area of the system are situated, an amount equal to 25 per centum of the net receipts collected by the secretary from such reserved public lands in that particular area of the system * * *; and

(2) to each county in which areas in the system are situated that have been acquired in fee by the United States, either (A) three fourths of 1 per centum of the cost of the areas, * * * or (B) 25 per centum of the net receipts collected by the secretary from such acquired lands in that particular area of the system within such counties, whichever is greater. The determinations by the secretary under this subsection shall be accomplished in such manner as he shall consider to be equitable and in the public interest, and his determinations hereunder shall be final and conclusive.

Among other changes which it made to section 715s, the 1964 amendment added minerals to the list in subsection (A), quoted above, of sources of revenues in the refuge system to be reserved in a separate fund in the treasury (referred to as the "refuge receipt account") and to be distributed in accordance with subsection (C).

The mineral leasing act, originally enacted in 1920 (act of February 25, 1920, ch. 85, 41 Stat. 437, as amended, 30 U.S.C. 181 et seq. (1970)) authorizes the secretary of the interior to lease all lands subject to disposition thereunder which are...