43 U.S.C. § 1349 — Citizens suits, jurisdiction and judicial re-

Page 354 TITLE 43—PUBLIC LANDS § 1349 1 So in original. Probably should be ‘‘Appeals’’. REPORT AND RECOMMENDATIONS BY SECRETARY TO CONGRESS FOR TRAINING PROGRAM Pub. L. 95–372, title VI, § 607, Sept. 18, 1978, 92 Stat. 697, required the Secretary of the Interior, in consulta- tion with the Secretary of the Department in which the Coast Guard is operating, not later than ninety days after Sept. 18, 1978, to prepare and submit to the Con- gress a training program report concerning individuals employed on any artificial island, installation, or other device located on the Outer Continental Shelf and who, as part of their employment, operate or supervise the operation of pollution-prevention equipment. § 1349. Citizens suits, jurisdiction and judicial re- view (a) Persons who may bring actions; persons against whom action may be brought; time of action; intervention by Attorney General; costs and fees; security (1) Except as provided in this section, any per- son having a valid legal interest which is or may be adversely affected may commence a civil ac- tion on his own behalf to compel compliance with this subchapter against any person, includ- ing the United States, and any other govern- ment instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution) for any alleged violation of any provision of this subchapter or any regulation promulgated under this subchapter, or of the terms of any permit or lease issued by the Sec- retary under this subchapter. (2) Except as provided in paragraph (3) of this subsection, no action may be commenced under subsection (a)(1) of this section— (A) prior to sixty days after the plaintiff has given notice of the alleged violation, in writ- ing under oath, to the Secretary and any other appropriate Federal official, to the State in which the violation allegedly occurred or is occurring, and to any alleged violator; or (B) if the Attorney General has commenced and is diligently prosecuting a civil action in a court of the United States or a State with respect to such matter, but in any such action in a court of the United States any person having a legal interest which is or may be ad- versely affected may intervene as a matter of right. (3) An action may be brought under this sub- section immediately after notification of the al- leged violation in any case in which the alleged violation constitutes an imminent threat to the public health or safety or would immediately af- fect a legal interest of the plaintiff. (4) In any action commenced pursuant to this section, the Attorney General, upon the request of the Secretary or any other appropriate Fed- eral official, may intervene as a matter of right. (5) A court, in issuing any final order in any action brought pursuant to subsection (a)(1) or subsection (c) of this section, may award costs of litigation, including reasonable attorney and expert witness fees, to any party, whenever such court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the fil- ing of a bond or equivalent security in a suffi- cient amount to compensate for any loss or damage suffered, in accordance with the Federal Rules of Civil Procedure. (6) Except as provided in subsection (c) of this section, all suits challenging actions or deci- sions allegedly in violation of, or seeking en- forcement of, the provisions of this subchapter, or any regulation promulgated under this sub- chapter, or the terms of any permit or lease issued by the Secretary under this subchapter, shall be undertaken in accordance with the pro- cedures described in this subsection. Nothing in this section shall restrict any right which any person or class of persons may have under any other Act or common law to seek appropriate relief. (b) Jurisdiction and venue of actions (1) Except as provided in subsection (c) of this section, the district courts of the United States shall have jurisdiction of cases and controver- sies arising out of, or in connection with (A) any operation conducted on the outer Continental Shelf which involves exploration, development, or production of the minerals, of the subsoil and seabed of the outer Continental Shelf, or which involves rights to such minerals, or (B) the can- cellation, suspension, or termination of a lease or permit under this subchapter. Proceedings with respect to any such case or controversy may be instituted in the judicial district in which any defendant resides or may be found, or in the judicial district of the State nearest the place the cause of action arose. (2) Any resident of the United States who is injured in any manner through the failure of any operator to comply with any rule, regula- tion, order, or permit issued pursuant to this subchapter may bring an action for damages (in- cluding reasonable attorney and expert witness fees) only in the judicial district having juris- diction under paragraph (1) of this subsection. (c) Review of Secretary’s approval of leasing pro- gram; review of approval, modification or disapproval of exploration or production plan; persons who may seek review; scope of review; certiorari to Supreme Court (1) Any action of the Secretary to approve a leasing program pursuant to section 1344 of this title shall be subject to judicial review only in the United States Court of Appeal 1 for the Dis- trict of Columbia. (2) Any action of the Secretary to approve, re- quire modification of, or disapprove any explo- ration plan or any development and production plan under this subchapter shall be subject to judicial review only in a United States court of appeals for a circuit in which an affected State is located. (3) The judicial review specified in paragraphs (1) and (2) of this subsection shall be available only to a person who (A) participated in the ad- ministrative proceedings related to the actions specified in such paragraphs, (B) is adversely af- fected or aggrieved by such action, (C) files a pe- tition for review of the Secretary’s action with- in sixty days after the date of such action, and (D) promptly transmits copies of the petition to the Secretary and to the Attorney General. (4) Any action of the Secretary specified in paragraph (1) or (2) shall only be subject to re- view pursuant to the provisions of this sub- Page 355 TITLE 43—PUBLIC LANDS § 1350 section, and shall be specifically excluded from citizen suits which are permitted pursuant to subsection (a) of this section. (5) The Secretary shall file in the appropriate court the record of any public hearings required by this subchapter and any additional informa- tion upon which the Secretary based his deci- sion, as required by section 2112 of title 28. Spe- cific objections to the action of the Secretary shall be considered by the court only if the issues upon which such objections are based have been submitted to the Secretary during the administrative proceedings related to the ac- tions involved. (6) The court of appeals conducting a pro- ceeding pursuant to this subsection shall con- sider the matter under review solely on the record made before the Secretary. The findings of the Secretary, if supported by substantial evi- dence on the record considered as a whole, shall be conclusive. The court may affirm, vacate, or modify any order or decision or may remand the proceedings to the Secretary for such further ac- tion as it may direct. (7) Upon the filing of the record with the court, pursuant to paragraph (5), the jurisdic- tion of the court shall be exclusive and its judg- ment shall be final, except that such judgment shall be subject to review by the Supreme Court of the United States upon writ of certiorari. (Aug. 7, 1953, ch. 345, § 23, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 657; amended Pub. L. 98–620, title IV, § 402(44), Nov. 8, 1984, 98 Stat. 3360.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (a)(5), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. AMENDMENTS 1984—Subsec. (d). Pub. L. 98–620 struck out subsec. (d) which provided that except as to causes of action con- sidered by the court to be of greater importance, any action under this section would take precedence on the docket over all other causes of action and would be set for hearing at the earliest practical date and expedited in every way. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as a note under section 1657 of Title 28, Judici- ary and Judicial Procedure. § 1350. Remedies and penalties (a) Injunctions, restraining orders, etc. At the request of the Secretary, the Secretary of the Army, or the Secretary of the Department in which the Coast Guard is operating, the At- torney General or a United States attorney shall institute a civil action in the district court of the United States for the district in which the affected operation is located for a temporary re- straining order, injunction, or other appropriate remedy to enforce any provision of this sub- chapter, any regulation or order issued under this subchapter, or any term of a lease, license, or permit issued pursuant to this subchapter. (b) Civil penalties; hearing (1) Except as provided in paragraph (2), if any person fails to comply with any provision of this subchapter, or any term of a lease, license, or permit issued pursuant to this subchapter, or any regulation or order issued under this sub- chapter, after notice of such failure and expira- tion of any reasonable period allowed for correc- tive action, such person shall be liable for a civil penalty of not more than $20,000 for each day of the continuance of such failure. The Secretary may assess, collect, and compromise any such penalty. No penalty shall be assessed until the person charged with a violation has been given an opportunity for a hearing. The Secretary shall, by regulation at least every 3 years, ad- just the penalty specified in this paragraph to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor. (2) If a failure described in paragraph (1) con- stitutes or constituted a threat of serious, irrep- arable, or immediate harm or damage to life (in- cluding fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment, a civil penalty may be as- sessed without regard to the requirement of ex- piration of a period allowed for corrective ac- tion. (c) Criminal penalties Any person who knowingly and willfully (1) violates any provision of this subchapter, any term of a lease, license, or permit issued pursu- ant to this subchapter, or any regulation or order issued under the authority of this sub- chapter designed to protect health, safety, or the environment or conserve natural resources, (2) makes any false statement, representation, or certification in any application, record, re- port, or other document filed or required to be maintained under this subchapter, (3) falsifies, tampers with, or renders inaccurate any moni- toring device or method of record required to be maintained under this subchapter, or (4) reveals any data or information required to be kept con- fidential by this subchapter shall, upon convic- tion, be punished by a fine of not more than $100,000, or by imprisonment for not more than ten years, or both. Each day that a violation under clause (1) of this subsection continues, or each day that any monitoring device or data re- corder remains inoperative or inaccurate be- cause of any activity described in clause (3) of this subsection, shall constitute a separate vio- lation. (d) Liability of corporate officers and agents for violations by corporation Whenever a corporation or other entity is sub- ject to prosecution under subsection (c) of this section, any officer or agent of such corporation or entity who knowingly and willfully author- ized, ordered, or carried out the proscribed ac- tivity shall be subject to the same fines or im- prisonment, or both, as provided for under sub- section (c) of this section.