1625-0044 Stat/Auth

Page 351

§ 1350

TITLE 43—PUBLIC LANDS

proceedings to the Secretary for such further action as it may direct.
(7) Upon the filing of the record with the
court, pursuant to paragraph (5), the jurisdiction of the court shall be exclusive and its judgment 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 considered 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, Judiciary 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 Attorney 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 restraining order, injunction, or other appropriate
remedy to enforce any provision of this subchapter, 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 subchapter, after notice of such failure and expiration of any reasonable period allowed for corrective 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, 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 Department of Labor.

(2) If a failure described in paragraph (1) constitutes or constituted a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property,
any mineral deposit, or the marine, coastal, or
human environment, a civil penalty may be assessed without regard to the requirement of expiration of a period allowed for corrective action.
(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 pursuant to this subchapter, or any regulation or
order issued under the authority of this subchapter designed to protect health, safety, or
the environment or conserve natural resources,
(2) makes any false statement, representation,
or certification in any application, record, report, or other document filed or required to be
maintained under this subchapter, (3) falsifies,
tampers with, or renders inaccurate any monitoring device or method of record required to be
maintained under this subchapter, or (4) reveals
any data or information required to be kept confidential by this subchapter shall, upon conviction, 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 recorder remains inoperative or inaccurate because of any activity described in clause (3) of
this subsection, shall constitute a separate violation.
(d) Liability of corporate officers and agents for
violations by corporation
Whenever a corporation or other entity is subject to prosecution under subsection (c) of this
section, any officer or agent of such corporation
or entity who knowingly and willfully authorized, ordered, or carried out the proscribed activity shall be subject to the same fines or imprisonment, or both, as provided for under subsection (c) of this section.
(e) Concurrent and cumulative nature of penalties
The remedies and penalties prescribed in this
subchapter shall be concurrent and cumulative
and the exercise of one shall not preclude the exercise 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) Except 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 Department of Labor’’, and added par. (2).

§ 1351

TITLE 43—PUBLIC LANDS
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 relating 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 Security, and the Department of Homeland Security Reorganization 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; submission to Secretary; statement of facilities and
operation; submission to Governors of affected States and local governments
(1) Prior to development and production pursuant to an oil and gas lease issued after September 18, 1978, in any area of the outer Continental 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 quantities 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 statement 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 lessee) 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 environmental and safety safeguards to be implemented.
(3) Except for any privileged or proprietary information (as such term is defined in regulations issued by the Secretary), the Secretary,
within ten days after receipt of a plan and statement, 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 statement available to any appropriate interstate regional entity and the public.
(b) Development and production activities in accordance 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 requires that development and production activities 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

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established by regulations issued by the Secretary—
(1) the specific work to be performed;
(2) a description of all facilities and operations 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 proposed 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 implemented 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 production 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 section 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 authorized by section 307(c)(3)(B)(iii) of such Act
[16 U.S.C. 1456(c)(3)(B)(iii)].
(e) Declaration of approval of development and
production plan as major Federal action;
submission of preliminary or final lease
plans prior to commencement of National
Environmental Policy provisions procedures
(1) At least once the Secretary shall declare
the approval of a development and production
plan in any area or region (as defined by the
Secretary) of the outer Continental Shelf, other
than the Gulf of Mexico, to be a major Federal
action.
(2) The Secretary may require lessees of tracts
for which development and production plans
have not been approved, to submit preliminary
or final plans for their leases, prior to or immediately after a determination by the Secretary
that the procedures under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]
shall commence.
(f) Plans considered major Federal actions; submission of draft environmental impact statement to Governors of affected States and
local governments
If approval of a development and production
plan is found to be a major Federal action, the
Secretary shall transmit the draft environmental impact statement to the Governor of
any affected State, and upon request, to the executive of any local government, and shall make
such draft available to any appropriate interstate regional entity and the public.