Sec. 70805. Civil and criminal penalties
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Section 41 of the Mineral Leasing Act ( 30 U.S.C. 195 ) is amended— in subsection (b), by striking $500,000 and inserting $1,000,000 ; and in subsection (c), by striking $100,000 and inserting $250,000 . The Federal Oil and Gas Royalty Management Act of 1982 is amended— in section 109 ( 30 U.S.C. 1719 )— in subsection (a)(2), by striking $500 and inserting $1,500 ; in subsection (b), by striking $5,000 and inserting $15,000 ; in subsection (c)(3), by striking $10,000 and inserting $30,000 ; in subsection (d)(3), by striking $25,000 and inserting $75,000 ; by redesignating existing subsections
(e)through
(l)as
(f)through (m), respectively; and by adding at the end: The maximum civil penalty amounts listed in subsections
(a)through
(d)shall automatically adjust for inflation on the 1st day of each calendar year in accordance with the provisions of this subsection. The inflation adjustment under this subsection shall be based on the Consumer Price Index published by the Department of Labor for all Urban Consumers (CPI–U) and shall be calculated by the percentage change, if any, by which the CPI–U for the month of October preceding the adjustment date exceeds the CPI–U for the month of October one year before. The Secretary will provide sufficient notice of adjusted penalties by publishing the adjusted maximum civil penalty amounts on a public website of the Department. The Secretary will provide notice, in writing, to the Committee on Natural Resources of the Department’s intent to adjust such penalties 180 days before publishing the adjusted maximum civil penalty amounts on a public website of the Department under paragraph (3). ; and in section 110, by striking $50,000 and inserting $150,000 . Section 24(b) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1350(b) ) is amended to read as follows: Except as provided in paragraph (2), any person who fails to comply with any provision of this Act, or any term of a lease, license, or permit issued pursuant to this Act, or any regulation or order issued under this Act, shall be liable for a civil administrative penalty of not more than $75,000 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 inflation. If a failure described in paragraph
(1)constitutes or constituted a threat of harm or damage to life, property, any mineral deposit, or the marine, coastal, or human environment, a civil penalty of not more than $150,000 shall be assessed for each day of the continuance of the failure. . Section 24(c) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1350(c) ) is amended by striking $100,000 and inserting $1,000,000 . Section 24(d) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1350(d) ) is amended by striking knowingly and willfully authorized, ordered, or carried out and inserting authorized, ordered, carried out, or through reckless disregard of the law caused .
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