30 U.S.C. § 194 — Repealed. Pub. L. 89–554, § 8(a), Sept. 6,

Page 60 TITLE 30—MINERAL LANDS AND MINING § 194 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. § 194. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 644 Section, acts Feb. 25, 1920, ch. 85, § 38, 41 Stat. 451; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to fees and commissions of registers (successors to consolidated of- fices of registers and receivers), the predecessors of managers. § 195. Enforcement (a) Violations It shall be unlawful for any person: (1) to organize or participate in any scheme, arrangement, plan, or agreement to cir- cumvent or defeat the provisions of this chap- ter 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 there- of 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 provi- sions of subsection (a) of this section shall be punished by a fine of not more than $500,000, im- prisonment for not more than five years, or both. (c) Civil actions 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 sub- section (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 vio- lation occurred or in which the lease or land in- volved 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 prohibi- tion 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 author- ized, ordered, or carried out the proscribed ac- tivity 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 activ- ity 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 imprison- ment prescribed in this section shall be concur- rent and cumulative and the exercise of one shall not preclude the exercise of the others. Further, the remedies, penalties, fines, and im- prisonment 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 viola- tion 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 jurisdic- tion, without regard to the amount in con- troversy or the citizenship of the parties, to order appropriate remedies and penalties as de- scribed 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 ac- tion. (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 appro- priate. 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 re- sult of the joint action shall be shared by the parties bringing the action in the manner deter- mined 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 in- stitute a separate action arising from the same activity under this section. If the Attorney Gen- eral has commenced a civil action against a per- son conducting activity within a State in viola- tion of this section, that State may join in such action but may not institute a separate action arising from the same activity under this sec- tion. (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.