30 U.S.C. § 195 — Enforcement

submitted 106 years ago by Pub. L. 100-203 to r/title-30-MINERAL-LANDS-AND-MINING · 837 words · no verdicts yet

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It's illegal to scheme around federal mineral leasing rules or lie to get money or leases. Violators face criminal fines up to $500,000 and prison, plus civil penalties. States can also sue violators acting within their borders.

(a) Violations. It is unlawful for anyone to: (1) organize or take part in any scheme, plan, or agreement to get around or defeat this chapter or its regulations; or (2) try to get, or actually get, money or property by lying about, or hiding, important facts about — (A) the value of a lease (or part of one) issued or to be issued under this chapter; (B) whether land is available for leasing under this chapter; (C) someone's ability to get leases under this chapter; or (D) the rules of this chapter and its regulations. (b) Penalty. Anyone who knowingly breaks subsection (a) can be fined up to $500,000, imprisoned up to five years, or both. (c) Civil actions. If someone is breaking, or about to break, subsection (a), the Attorney General may sue them in the federal district court where the defendant lives, where the violation happened, or where the lease or land is located. The court can order a temporary restraining order, an injunction, a civil penalty up to $100,000 per violation, or another appropriate remedy — including banning the person from exploring, leasing, or developing any federal mineral rights. (d) Corporations. (1) If a corporation or other entity faces civil or criminal action under this section, any officer, employee, or agent who knowingly ordered, authorized, or carried out the illegal activity also faces the same action. (2) If an officer, employee, or agent faces action for something done on behalf of the corporation or entity, the corporation or entity also faces the same action — unless it's shown the person acted without the corporation's knowledge or consent. (e) Remedies, fines, and imprisonment. All the remedies, penalties, fines, and prison terms in this section can be used together, and using one doesn't rule out using the others. They also come on top of any other penalties available under other laws or regulations. (f) State civil actions. (1) A State may sue, under subsection (c), anyone violating this section within that State. These state lawsuits must be filed in the federal district court where the defendant lives, where the violation happened, or where the lease or land is located; that court can order the same remedies and penalties described in subsection (c), no matter the dollar amount involved or where the parties are from. (2) A State must tell the U.S. Attorney General about its lawsuit within 30 days of filing it; likewise, the Attorney General must tell a State about a federal lawsuit involving activity in that State, within 30 days of filing. (3) A State keeps any civil penalties it wins, and may spend that money however it sees fit. If the Attorney General and one or more States jointly bring a case, they split any penalties won, in a way the court decides. (4) If a State has already sued someone, the Attorney General may join that lawsuit but can't file a separate one over the same activity. Likewise, if the Attorney General has already sued someone in a State, that State may join but can't file a separate suit over the same activity. (5) Nothing here takes away a State's power to enforce its own civil and criminal laws against someone who might also face action under this section.

the actual law source: uscode.house.gov ↗public domain

(a) Violations

It shall be unlawful for any person:

(1)

to organize or participate in any scheme, arrangement, plan, or agreement to circumvent or defeat the provisions of this chapter or its implementing regulations, or

(2)

to seek to obtain or to obtain any money or property by means of false statements of material facts or by failing to state material facts concerning:

(A)

the value of any lease or portion thereof issued or to be issued under this chapter;

(B)

the availability of any land for leasing under this chapter;

(C)

the ability of any person to obtain leases under this chapter; or

(D)

the provisions of this chapter and its implementing regulations.

(b) Penalty

Any person who knowingly violates the provisions of subsection (a) of this section shall be punished by a fine of not more than $500,000, imprisonment for not more than five years, or both.

Whenever it shall appear that any person is engaged, or is about to engage, in any act which constitutes or will constitute a violation of subsection (a) of this section, the Attorney General may institute a civil action in the district court of the United States for the judicial district in which the defendant resides or in which the violation occurred or in which the lease or land involved is located, for a temporary restraining order, injunction, civil penalty of not more than $100,000 for each violation, or other appropriate remedy, including but not limited to, a prohibition from participation in exploration, leasing, or development of any Federal mineral, or any combination of the foregoing.

(d) Corporations

(1)

Whenever a corporation or other entity is subject to civil or criminal action under this section, any officer, employee, or agent of such corporation or entity who knowingly authorized, ordered, or carried out the proscribed activity shall be subject to the same action.

(2)

Whenever any officer, employee, or agent of a corporation or other entity is subject to civil or criminal action under this section for activity conducted on behalf of the corporation or other entity, the corporation or other entity shall be subject to the same action, unless it is shown that the officer, employee, or agent was acting without the knowledge or consent of the corporation or other entity.

(e) Remedies, fines, and imprisonment

The remedies, penalties, fines, and imprisonment prescribed in this section shall be concurrent and cumulative and the exercise of one shall not preclude the exercise of the others. Further, the remedies, penalties, fines, and imprisonment prescribed in this section shall be in addition to any other remedies, penalties, fines, and imprisonment afforded by any other law or regulation.

(f) State civil actions

(1)

A State may commence a civil action under subsection (c) of this section against any person conducting activity within the State in violation of this section. Civil actions brought by a State shall only be brought in the United States district court for the judicial district in which the defendant resides or in which the violation occurred or in which the lease or land involved is located. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to order appropriate remedies and penalties as described in subsection (c) of this section.

(2)

A State shall notify the Attorney General of the United States of any civil action filed by the State under this subsection within 30 days of filing of the action. The Attorney General of the United States shall notify a State of any civil action arising from activity conducted within that State filed by the Attorney General under this subsection within 30 days of filing of the action.

(3)

Any civil penalties recovered by a State under this subsection shall be retained by the State and may be expended in such manner and for such purposes as the State deems appropriate. If a civil action is jointly brought by the Attorney General and a State, by more than one State or by the Attorney General and more than one State, any civil penalties recovered as a result of the joint action shall be shared by the parties bringing the action in the manner determined by the court rendering judgment in such action.

(4)

If a State has commenced a civil action against a person conducting activity within the State in violation of this section, the Attorney General may join in such action but may not institute a separate action arising from the same activity under this section. If the Attorney General has commenced a civil action against a person conducting activity within a State in violation of this section, that State may join in such action but may not institute a separate action arising from the same activity under this section.

(5)

Nothing in this section shall deprive a State of jurisdiction to enforce its own civil and criminal laws against any person who may also be subject to civil and criminal action under this section.

Source credit: (Feb. 25, 1920, ch. 85, § 41, as added Pub. L. 100–203, title V, § 5108, Dec. 22, 1987, 101 Stat. 1330–260.)

history & why it existsrecord from the source credit

1920Enacted · Pub. L. 100-203 · 101 Stat. 1330

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-203 on 1920-02-25.

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