§ 1350. — Remedies and penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1350]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 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, Sec. 24, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 659; amended Pub. L. 101-380, title
VIII, Sec. 8201, Aug. 18, 1990, 104 Stat. 570.)
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).
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.
