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30 U.S.C. § 1294 — Penalty

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1294 — Penalty

Any person who shall, except as permitted by law, willfully resist, prevent, impede, or interfere with the Secretary or any of his agents in the performance of duties pursuant to this chapter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both.

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Stable record: federal_law:legal_authorities:record_usc_b39e179b7a0e426ea9af0847
Source file: Laws/federal/codes/united-states-code/title-30/section-1294-penalty--f44be525a8.md
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Source location: Title 30, Chapter 25, § 1294; chapter-025-surface-mining-control-and-reclamation.md

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Any person who shall, except as permitted by law, willfully resist, prevent, impede, or interfere with the Secretary or any of his agents in the performance of duties pursuant to this chapter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1114 — Protection of officers and employees of the United States

**(a) In General.—** Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished— (1) in the case of murder, as provided under section 1111; (2) in the case of manslaughter, as provided under section 1112; or (3) in the case of attempted murder or manslaughter, as provided in section 1113. **(b) Extraterritorial Jurisdiction.—** There is extraterritorial jurisdiction over the conduct prohibited by this section.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1268 — Penalties

**(a) Civil penalties for violations of permit conditions and provisions of this subchapter** In the enforcement of a Federal program or Federal lands program, or during Federal enforcement pursuant to [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim) or during Federal enforcement of a State program pursuant to [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), any permittee who violates any permit condition or who violates any other provision of this subchapter, may be assessed a civil penalty by the Secretary, except that if such violation leads to the issuance of a cessation order under [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for each violation. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. In determining the amount of the penalty, consideration shall be given to the permittee’s history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation. **(b) Hearing** A civil penalty shall be assessed by the Secretary only after the person charged with a violation described under subsection (a) of this section has been given an opportunity for a public hearing. Where such a

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 1294 — Penalty

Page 309 TITLE 30—MINERAL LANDS AND MINING § 1298 the same manner as orders and decisions of the Secretary are subject to judicial review under this chapter. (c) Costs Whenever an order is issued under this section to abate any violation, at the request of the ap- plicant a sum equal to the aggregate amount of all costs and expenses (including attorneys’ fees) to have been reasonably incurred by the appli- cant for, or in connection with, the institution and prosecution of such proceedings, shall be as- sessed against the persons committing the viola- tion. (Pub. L. 95–87, title VII, § 703, Aug. 3, 1977, 91 Stat. 520.) § 1294. Penalty Any person who shall, except as permitted by law, willfully resist, prevent, impede, or inter- fere with the Secretary or any of his agents in the performance of duties pursuant to this chap- ter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both. (Pub. L. 95–87, title VII, § 704, Aug. 3, 1977, 91 Stat. 520.) Editorial Notes CODIFICATION Section 704 of Pub. L. 95–87 also amended section 1114 of Title 18, Crimes and Criminal Procedure. § 1295. Grants to States (a) Assisting any State in development, adminis- tration, and enforcement of State programs under this chapter The Secretary is authorized to make annual grants to any State for the purpose of assisting such State in developing, administering, and en- forcing State programs under this chapter. Ex- cept as provided in subsection (c) of this section, such grants shall not exceed 80 per centum of the total costs incurred during the first year, 60 per centum of total costs incurred during the second year, and 50 per centum of the total costs incurred during each year thereafter. (b) Assisting any Stat

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