Penalties relating to violations of certain mineral leasing acts

(a)

Penalties under Mineral Leasing Act

Section 41 of the Mineral Leasing Act (30 U.S.C. 195) is amended— (1)in subsection (b)— (A)by striking Any person and inserting the following:

(1)

In general

Any person

;

(B)by striking $500,000 and inserting $2,700,000; and (C)by adding at the end the following:

(2)

Inflation adjustment

The Secretary of the Interior shall annually adjust the maximum penalty specified in paragraph (1) to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor.

; and

(2)in subsection (c), by striking $100,000 and inserting $500,000. (b)

Penalties under Federal Oil and Gas Royalty Management Act of 1982

The Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.) is amended— (1)in section 109— (A)in subsection (a), by striking $500 and inserting $3,000; (B)in subsection (b), by striking $5,000 and inserting $30,000; (C)in subsection (c), by striking $10,000 and inserting $65,000; and (D)in subsection (d), by striking $25,000 and inserting $160,000; and (2)in section 110— (A)by striking Any person and inserting the following:

(a)

In general

Any person

;

(B)by striking $50,000 and inserting $320,000; and (C)by adding at the end the following:

(b)

Inflation adjustment

The Secretary shall annually adjust the maximum penalty specified in this section to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor.

(c)

Penalties under Outer Continental Shelf Lands Act

Section 24 of the Outer Continental Shelf Lands Act (43 U.S.C. 1350) is amended— (1)by amending subsection (b) to read as follows:

(b)

Civil penalties

(1)

In general

Any person who fails to comply with any provision of this Act, any regulation or order issued under this Act, or any term of a lease, license, or permit issued pursuant to this Act shall be liable, subject to paragraph (3), for a civil penalty of not more than $100,000, except as provided in paragraph (4), for each day of the continuance of such failure. (2)

Assessment

The Secretary may assess, collect, and compromise any such penalty. (3)

Opportunity for a hearing

The Secretary may not assess a penalty against a person described in paragraph (1) until such person has been given an opportunity for a hearing. (4)

Threat of harm

If a failure described in paragraph (1) constitutes or constituted a threat of 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 of not more than $360,000 may be assessed for each day of the continuance of such failure.

; and

(2)in subsection (c)— (A)by striking $100,000 and inserting $1,000,000; and (B)by inserting The Secretary shall annually adjust the maximum penalty specified in this subsection to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor. after the period at the end. (d)

Penalties under the oil pollution act of 1990

Section 4303 of the Oil Pollution Act of 1990 (33 U.S.C. 2716a) is amended by striking $25,000 and inserting $120,000. (e)

Penalty Revenue Reinvestment Fund

(1)

Establishment

There is established in the Treasury of the United States a separate account, to be known as the Penalty Revenue Reinvestment Fund (referred to in this subsection as the Fund). (2)

Source of funds

Any amounts collected by the Secretary that are excess revenue shall be deposited into the Fund. (3)

Use of funds

Amounts deposited into the Fund in accordance with paragraph (2) shall be available to the Secretary without further appropriation or fiscal year limitation to be allocated as follows: (A)50 percent to States, Indian Tribes, and local governments that the Secretary determines to have been harmed by a violation with respect to which excess revenue is collected by the Secretary. (B)50 percent to the Office of Natural Resources Revenue, the Bureau of Safety and Environmental Enforcement, and the Bureau of Land Management for continued enforcement and compliance activities under the Mineral Leasing Act (30 U.S.C. 201 et seq.), the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.), and the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (4)

Definitions

In this subsection: (A)

Excess revenue

The term excess revenue means the portion of any penalty assessed for a violation under section 41 of the Mineral Leasing Act (30 U.S.C. 195), section 109 or 110 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1719; 30 U.S.C. 1720), or section 24 of the Outer Continental Shelf Lands Act (43 U.S.C. 1350) on or after the date of enactment of this Act that exceeds the maximum civil penalty amount that could have been assessed for the same violation under the applicable provision of law as in effect on the day before the date of enactment of this Act. (B)

Indian Tribe

The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (C)

Secretary

The term Secretary means the Secretary of the Interior. (D)

State

The term State means each of the several States, the District of Columbia, and each territory of the United States.