30 U.S.C. § 1720a — Applicability of civil and criminal pen-

Page 368 TITLE 30—MINERAL LANDS AND MINING § 1720 1 So in original. Probably should not be capitalized. 2 See References in Text note below. Secretary has prescribed for such a hearing and who is aggrieved by a final order of the Sec- retary 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. (k) Failure to pay penalty If any person fails to pay an assessment of a civil penalty under this chapter— (1) 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 (2) 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 in- clude an order to pay. (l) Nonliability for leases automatically termi- nated 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. (Pub. L. 97–451, title I, § 109, Jan. 12, 1983, 96 Stat. 2454.) Editorial Notes REFERENCES IN TEXT Section 1712(a) of this title, referred to in subsec. (a)(2), was amended generally by Pub. L. 104–185, § 6(g), Aug. 13, 1996, 110 Stat. 1715, and, as so amended, no longer contains a par. (2). See section 1712(a) of this title. § 1720. Criminal penalties Any person who commits an act for which a civil penalty is provided in section 1719(d) of this title shall, upon conviction, be punished by a fine of not more than $50,000, or by imprison- ment for not more than 2 years, or both. (Pub. L. 97–451, title I, § 110, Jan. 12, 1983, 96 Stat. 2455.) § 1720a. Applicability of civil and criminal pen- alties to various uses of Federal or Indian lands and Outer Continental Shelf Notwithstanding any other provision of law, Sections 1 1719 and 1720 2 of this title shall, for fiscal year 2010 and each fiscal year thereafter, apply to any lease authorizing exploration for or development of coal, any other solid mineral, or any geothermal resource on any Federal or In- dian lands and any lease, easement, right of way, or other agreement, regardless of form, for use of the Outer Continental Shelf or any of its resources under sections 1337(k) and 1337(p) of title 43 to the same extent as if such lease, ease- ment, right of way, or other agreement, regard- less of form, were an oil and gas lease, except that in such cases the term ‘‘royalty payment’’ shall include any payment required by such lease, easement, right of way or other agree- ment, regardless of form, or by applicable regu- lation. (Pub. L. 111–88, div. A, title I, § 114, Oct. 30, 2009, 123 Stat. 2928.) Editorial Notes REFERENCES IN TEXT Sections 1719 and 1720 of this title, referred to in text, was in the original ‘‘Sections 109 and 110 of the Federal Oil and Gas Royalty Management Act’’ and was trans- lated as meaning sections 109 and 110 of the Federal Oil and Gas Royalty Management Act of 1982, to reflect the probable intent of Congress. CODIFICATION Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appro- priations Act, 2010, and not as part of the Federal Oil and Gas Royalty Management Act of 1982 which com- prises this chapter. § 1721. Royalty terms and conditions, interest, and penalties (a) Charge on late royalty payment or royalty payment deficiency In the case of oil and gas leases where royalty payments are not received by the Secretary on the date that such payments are due, or are less than the amount due, the Secretary shall charge interest on such late payments or underpay- ments at the rate applicable under section 6621 of title 26. In the case of an underpayment or partial payment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount due. (b) Charge on late payment made by Secretary to States Any payment made by the Secretary to a State under section 191 of this title and any other payment made by the Secretary to a State from any oil or gas royalty received by the Sec- retary which is not paid on the date required under section 191 of this title shall include an interest charge computed at the rate applicable under section 6621 of title 26. (c) Deposit in royalty accounts of charges on roy- alties due and owing Indians All interest charges collected under this chap- ter or under other applicable laws because of nonpayment, late payment or underpayment of royalties due and owing an Indian tribe or an In- dian allottee shall be deposited to the same ac- count as the royalty with respect to which such interest is paid. (d) Charge on late deposit of royalty fund to an Indian account Any deposit of royalty funds made by the Sec- retary to an Indian account which is not made by the date required under section 1714 of this title shall include an interest charge computed at the rate applicable under section 6621 of title 26.