30 U.S.C. § 1719 — Civil penalties
submitted 43 years ago by Pub. L. 97-451 to r/title-30-MINERAL-LANDS-AND-MINING · 926 words · no verdicts yet
This section sets daily civil penalties for mineral-lease violations, with different maximums for different conduct. It provides notice, hearing, review, payment, penalty-reduction, and exceptions for corrected violations and automatically terminated leases.
(a) A person who, after required notice or a report under subparagraph (A), fails or refuses to follow this chapter, a mineral-leasing law, its rule or regulation, or a lease or permit; or who fails to allow an inspection under section 1718 or notify the Secretary of an assignment under section 1712(a)(2), is liable for up to $500 per violation for each day it continues, starting on the notice or report date. The penalty may not be applied for the first kind of violation if the person reported and corrected it within 20 days, or a longer period the Secretary allows, or if, after the Secretary's notice, the person corrected it within that period. (b) If corrective action is not taken within 40 days after the notice or report, or within a longer period the Secretary allows, the person is liable for up to $5,000 per violation for each continuing day, counted from the notice or report.
(c) A person who knowingly or willfully fails to make a royalty payment by the date required by law, regulation, order, or lease; fails or refuses to allow lawful entry, inspection, or audit; or knowingly or willfully fails or refuses to comply with section 1712(b)(3), is liable for up to $10,000 per violation for each continuing day.
(d) A person is liable for up to $25,000 per violation for each continuing day if the person knowingly or willfully prepares, keeps, or submits false, inaccurate, or misleading written information; knowingly or willfully takes, removes, transports, uses, or diverts oil or gas from a lease site without valid legal authority; or buys, accepts, sells, transports, or conveys oil or gas while knowing or having reason to know it was stolen or unlawfully removed or diverted.
(e) No penalty may be assessed until the accused person has an opportunity for a hearing on the record. (f) Once finally determined, a penalty may be deducted from money the United States owes the person. (g) The Secretary may compromise or reduce a civil penalty case by case. (h) Notice under (a) must be personally served by an authorized representative or sent by registered mail. A person may designate a representative, as the Secretary prescribes, to receive notice. (i) In deciding the penalty amount or whether and how much to remit or reduce, the Secretary must state the reasons on the record.
(j) A person who timely requested the hearing and is harmed by the Secretary's final order may seek review in the United States district court for the district where the alleged violation occurred. Review is limited to the administrative record and is not a new trial. The action must be filed within 90 days after the final order. (k) If a person does not pay a civil-penalty assessment after the assessment order becomes final and no review petition is filed, or after a court enters final judgment for the Secretary in a review action, the court has jurisdiction to award the assessment plus interest from the end of the 90-day period. The judgment must order payment. (l) A person is not liable under (a) or (b) for failing to pay rent on a lease that automatically ended under section 188.
Any person who—
after due notice of violation or after such violation has been reported under subparagraph (A), fails or refuses to comply with any requirements of this chapter or any mineral leasing law, any rule or regulation thereunder, or the terms of any lease or permit issued thereunder; or
fails to permit inspection authorized in section 1718 of this title or fails to notify the Secretary of any assignment under section 1712(a)(2) 1 of this title
shall be liable for a penalty of up to $500 per violation for each day such violation continues, dating from the date of such notice or report. A penalty under this subsection may not be applied to any person who is otherwise liable for a violation of paragraph (1) if:
the violation was discovered and reported to the Secretary or his authorized representative by the liable person and corrected within 20 days after such report or such longer time as the Secretary may agree to; or
after the due notice of violation required in paragraph (1) has been given to such person by the Secretary or his authorized representative, such person has corrected the violation within 20 days of such notification or such longer time as the Secretary may agree to.
If corrective action in not taken within 40 days or a longer period as the Secretary may agree to, after due notice or the report referred to in subsection (a)(1), such person shall be liable for a civil penalty of not more than $5,000 per violation for each day such violation continues, dating from the date of such notice or report.
Any person who—
knowingly or willfully fails to make any royalty payment by the date as specified by statute, regulation, order or terms of the lease;
fails or refuses to permit lawful entry, inspection, or audit; or
knowingly or willfully fails or refuses to comply with section 1712(b)(3) of this title,
shall be liable for a penalty of up to $10,000 per violation for each day such violation continues.
Any person who—
knowingly or willfully prepares, maintains, or submits false, inaccurate, or misleading reports, notices, affidavits, records, data, or other written information;
knowingly or willfully takes or removes, transports, uses or diverts any oil or gas from any lease site without having valid legal authority to do so; or
purchases, accepts, sells, transports, or conveys to another, any oil or gas knowing or having reason to know that such oil or gas was stolen or unlawfully removed or diverted,
shall be liable for a penalty of up to $25,000 per violation for each day such violation continues.
No penalty under this section shall be assessed until the person charged with a violation has been given the opportunity for a hearing on the record.
The amount of any penalty under this section, as finally determined 2 may be deducted from any sums owing by the United States to the person charged.
On a case-by-case basis the Secretary may compromise or reduce civil penalties under this section.
Notice under this 3 subsection (a) shall be by personal service by an authorized representative of the Secretary or by registered mail. Any person may, in the manner prescribed by the Secretary, designate a representative to receive any notice under this subsection.
In determining the amount of such penalty, or whether it should be remitted or reduced, and in what amount, the Secretary shall state on the record the reasons for his determinations.
Any person who has requested a hearing in accordance with subsection (e) within the time the Secretary has prescribed for such a hearing and who is aggrieved by a final order of the Secretary under this section may seek review of such order in the United States district court for the judicial district in which the violation allegedly took place. Review by the district court shall be only on the administrative record and not de novo. Such an action shall be barred unless filed within 90 days after the Secretary’s final order.
If any person fails to pay an assessment of a civil penalty under this chapter—
after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with subsection (j), or
after a court in an action brought under subsection (j) has entered a final judgment in favor of the Secretary,
the court shall have jurisdiction to award the amount assessed plus interest from the date of the expiration of the 90-day period referred to in subsection (j). Judgment by the court shall include an order to pay.
No person shall be liable for a civil penalty under subsection (a) or (b) for failure to pay any rental for any lease automatically terminated pursuant to section 188 of this title.
Source credit: (Pub. L. 97–451, title I, § 109, Jan. 12, 1983, 96 Stat. 2454.)
- 1983Enacted · Pub. L. 97-451 · 96 Stat. 2454
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-451 on 1983-01-12.
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