Us Code § 1656 - Civil penalties

Full text of Us Code United States Code § 1656 — Civil penalties, with citation guidance and answers to common questions.

§ 1656. Civil penalties

(a) Penalty

Except as provided in subsection (c)(4), the Secretary of the Interior may assess and collect a civil penalty under this section with respect to any discharge of oil—

(1) in transit from fields or reservoirs supplying oil to the trans-Alaska pipeline; or

(2) during transportation through the trans-Alaska pipeline or handling at the terminal facilities, that causes damage to, or threatens to damage, natural resources or public or private property.

(b) Persons liable

In addition to the person causing or permitting the discharge, the owner or owners of the oil at the time the discharge occurs shall be jointly, severally, and strictly liable for the full amount of penalties assessed pursuant to this section, except that the United States and the several States, and political subdivisions thereof, shall not be liable under this section.

(c) Amount

(1) The amount of the civil penalty shall not exceed $1,000 per barrel of oil discharged.

(2) In determining the amount of civil penalty under this section, the Secretary shall consider the seriousness of the damages from the discharge, the cause of the discharge, any history of prior violations of applicable rules and laws, and the degree of success of any efforts by the violator to minimize or mitigate the effects of such discharge.

(3) The Secretary may reduce or waive the penalty imposed under this section if the discharge was solely caused by an act of war, act of God, or third party action beyond the control of the persons liable under this section.

(4) No civil penalty assessed by the Secretary pursuant to this section shall be in addition to a penalty assessed pursuant to section 1321(b) of title 33.

(d) Procedures

A civil penalty may be assessed and collected under this section only after notice and opportunity for a hearing on the record in accordance with section 554 of title 5. In any proceeding for the assessment of a civil penalty under this section, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents and may promulgate rules for discovery procedures. Any person who requested a hearing with respect to a civil penalty under this subsection and who is aggrieved by an order assessing the civil penalty may file a petition for judicial review of such order with the United States Court of Appeals for the District of Columbia circuit or for any other circuit in which such person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued.

(e) State law

(1) Nothing in this section shall be construed or interpreted as preempting any State or political subdivision thereof from imposing any additional liability or requirements with respect to the discharge, or threat of discharge, of oil or other pollution by oil.

(2) Nothing in this section shall affect or modify in any way the obligations or liabilities of any person under other Federal or State law, including common law, with respect to discharges of oil.

(Pub. L. 93–153, title II, §207, as added Pub. L. 101–380, title VIII, §8202, Aug. 18, 1990, 104 Stat. 571.)


Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as a note under section 2701 of Title 33, Navigation and Navigable Waters.

 

CHAPTER 35—FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER I—GENERAL PROVISIONS

Sec.
1701.
Congressional declaration of policy.
1702.
Definitions.
1703.
Cooperative action and sharing of resources by Secretaries of the Interior and Agriculture.

        

SUBCHAPTER II—LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION

1711.
Continuing inventory and identification of public lands; preparation and maintenance.
1712.
Land use plans.
1713.
Sales of public land tracts.
1714.
Withdrawals of lands.
1715.
Acquisitions of public lands and access over non-Federal lands to National Forest System units.
1716.
Exchanges of public lands or interests therein within the National Forest System.
1717.
Qualifications of conveyees.
1718.
Documents of conveyance; terms, covenants, etc.
1719.
Mineral interests; reservation and conveyance requirements and procedures.
1720.
Coordination by Secretary of the Interior with State and local governments.
1721.
Conveyances of public lands to States, local governments, etc.
1722.
Sale of public lands subject to unintentional trespass.
1723.
Temporary revocation authority.

        

SUBCHAPTER III—ADMINISTRATION

1731.
Bureau of Land Management.
1732.
Management of use, occupancy, and development of public lands.
1733.
Enforcement authority.
1734.
Fees, charges, and commissions.
1734a.
Availability of excess fees.
1735.
Forfeitures and deposits.
1736.
Working capital fund.
1736a.
Revolving fund derived from disposal of salvage timber.
1737.
Implementation provisions.
1738.
Contracts for surveys and resource protection; renewals; funding requirements.
1739.
Advisory councils.
1740.
Rules and regulations.
1741.
Annual reports.
1742.
Search, rescue, and protection forces; emergency situations authorizing hiring.
1742a.
Good Samaritan Search and Recovery Act.
1743.
Disclosure of financial interests by officers or employees.
1744.
Recordation of mining claims.
1745.
Disclaimer of interest in lands.
1746.
Correction of conveyance documents.
1747.
Loans to States and political subdivisions; purposes; amounts; allocation; terms and conditions; interest rate; security; limitations; forebearance for benefit of borrowers; recordkeeping requirements; discrimination prohibited; deposit of receipts.
1748.
Funding requirements.
1748a.
FLAME Wildfire Suppression Reserve Funds.
1748a–1.
Request for additional wildfire suppression funds.
1748a–2.
Reporting requirements.
1748b.
Cohesive wildfire management strategy.
1748b–1.
Wildfire technology modernization.
1748c.
Bureau of Land Management Foundation.
1748d.
Report on wildfire, insect infestation, and disease prevention on Federal land.

        

SUBCHAPTER IV—RANGE MANAGEMENT

1751.
Grazing fees; feasibility study; contents; submission of report; annual distribution and use of range betterment funds; nature of distributions.
1752.
Grazing leases and permits.
1753.
Omitted.

        

SUBCHAPTER V—RIGHTS-OF-WAY

1761.
Grant, issue, or renewal of rights-of-way.
1761a.
Streamlining the Forest Service process for consideration of communications facility location applications.
1762.
Roads.
1763.
Right-of-way corridors; criteria and procedures applicable for designation.
1764.
General requirements.
1765.
Terms and conditions.
1766.
Suspension or termination; grounds; procedures applicable.
1767.
Rights-of-way for Federal departments and agencies.
1768.
Conveyance of lands covered by right-of-way; terms and conditions.
1769.
Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way for railroad and appurtenant communication facilities; applicability of existing terms and conditions.
1770.
Applicability of provisions to other Federal laws.
1771.
Coordination of applications.
1772.
Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights of way.

        

SUBCHAPTER VI—DESIGNATED MANAGEMENT AREAS

1781.
California Desert Conservation Area.
1781a.
Acceptance of donation of certain existing permits or leases.
1782.
Bureau of Land Management Wilderness Study.
1783.
Yaquina Head Outstanding Natural Area.
1784.
Lands in Alaska; designation as wilderness; management by Bureau of Land Management pending Congressional action.
1785.
Fossil Forest Research Natural Area.
1786.
Piedras Blancas Historic Light Station.
1787.
Jupiter Inlet Lighthouse Outstanding Natural Area.

        

SUBCHAPTER I—GENERAL PROVISIONS

About This Section

43 U.S.C. § 1656 is part of Title 43 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

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