43 U.S.C. § 1350 — Remedies and penalties

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. Page 356 TITLE 43—PUBLIC LANDS § 1351 (e) Concurrent and cumulative nature of pen- alties The remedies and penalties prescribed in this subchapter shall be concurrent and cumulative and the exercise of one shall not preclude the ex- ercise of the others. Further, the remedies and penalties prescribed in this subchapter shall be in addition to any other remedies and penalties afforded by any other law or regulation. (Aug. 7, 1953, ch. 345, § 24, as added Pub. L. 95–372, title II, § 208, Sept. 18, 1978, 92 Stat. 659; amended Pub. L. 101–380, title VIII, § 8201, Aug. 18, 1990, 104 Stat. 570.) Editorial Notes AMENDMENTS 1990—Subsec. (b). Pub. L. 101–380 substituted ‘‘(1) Ex- cept as provided in paragraph (2), if any’’ for ‘‘If any’’, substituted ‘‘$20,000’’ for ‘‘$10,000’’, inserted at end ‘‘The Secretary shall, by regulation at least every 3 years, adjust 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 Depart- ment of Labor’’, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1351. Oil and gas development and production (a) Development and production plans; submis- sion to Secretary; statement of facilities and operation; submission to Governors of af- fected States and local governments (1) Prior to development and production pur- suant to an oil and gas lease issued after Sep- tember 18, 1978, in any area of the outer Conti- nental Shelf, other than the Gulf of Mexico, or issued or maintained prior to September 18, 1978, in any area of the outer Continental Shelf, other than the Gulf of Mexico, with respect to which no oil or gas has been discovered in paying quan- tities prior to September 18, 1978, the lessee shall submit a development and production plan (hereinafter in this section referred to as a ‘‘plan’’) to the Secretary, for approval pursuant to this section. (2) A plan shall be accompanied by a state- ment describing all facilities and operations, other than those on the outer Continental Shelf, proposed by the lessee and known by him (whether or not owned or operated by such les- see) which will be constructed or utilized in the development and production of oil or gas from the lease area, including the location and site of such facilities and operations, the land, labor, material, and energy requirements associated with such facilities and operations, and all envi- ronmental and safety safeguards to be imple- mented. (3) Except for any privileged or proprietary in- formation (as such term is defined in regula- tions issued by the Secretary), the Secretary, within ten days after receipt of a plan and state- ment, shall (A) submit such plan and statement to the Governor of any affected State, and, upon request to the executive of any affected local government, and (B) make such plan and state- ment available to any appropriate interstate re- gional entity and the public. (b) Development and production activities in ac- cordance with plan as lease requirement After September 18, 1978, no oil and gas lease may be issued pursuant to this subchapter in any region of the outer Continental Shelf, other than the Gulf of Mexico, unless such lease re- quires that development and production activi- ties be carried out in accordance with a plan which complies with the requirements of this section. (c) Scope and contents of plan A plan may apply to more than one oil and gas lease, and shall set forth, in the degree of detail established by regulations issued by the Sec- retary— (1) the specific work to be performed; (2) a description of all facilities and oper- ations located on the outer Continental Shelf which are proposed by the lessee or known by him (whether or not owned or operated by such lessee) to be directly related to the pro- posed development, including the location and size of such facilities and operations, and the land, labor, material, and energy requirements associated with such facilities and operations; (3) the environmental safeguards to be im- plemented on the outer Continental Shelf and how such safeguards are to be implemented; (4) all safety standards to be met and how such standards are to be met; (5) an expected rate of development and pro- duction and a time schedule for performance; and (6) such other relevant information as the Secretary may by regulation require. (d) State concurrence in land or water zone use in coastal zone of State The Secretary shall not grant any license or permit for any activity described in detail in a plan and affecting any land use or water use in the coastal zone of a State with a coastal zone management program approved pursuant to sec- tion 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455), unless the State concurs or is conclusively presumed to concur with the consistency certification accompanying such plan pursuant to section 307(c)(3)(B)(i) or (ii) of such Act [16 U.S.C. 1456(c)(3)(B)(i) or (ii)], or the Secretary of Commerce makes the finding au- thorized by section 307(c)(3)(B)(iii) of such Act [16 U.S.C. 1456(c)(3)(B)(iii)].