Page 61 TITLE 30—MINERAL LANDS AND MINING § 196

punished by a fine of not more than $500,000, imprisonment for not more than five years, or

both.

(c) Civil actions

Whenever it shall appear that any person is

engaged, or is about to engage, in any act which

constitutes or will constitute a violation of subsection (a) of this section, the Attorney General

may institute a civil action in the district court

of the United States for the judicial district in

which the defendant resides or in which the violation occurred or in which the lease or land involved is located, for a temporary restraining

order, injunction, civil penalty of not more than

$100,000 for each violation, or other appropriate

remedy, including but not limited to, a prohibition from participation in exploration, leasing,

or development of any Federal mineral, or any

combination of the foregoing.

(d) Corporations

(1) Whenever a corporation or other entity is

subject to civil or criminal action under this

section, any officer, employee, or agent of such

corporation or entity who knowingly authorized, ordered, or carried out the proscribed activity shall be subject to the same action.

(2) Whenever any officer, employee, or agent of

a corporation or other entity is subject to civil

or criminal action under this section for activity conducted on behalf of the corporation or

other entity, the corporation or other entity

shall be subject to the same action, unless it is

shown that the officer, employee, or agent was

acting without the knowledge or consent of the

corporation or other entity.

(e) Remedies, fines, and imprisonment

The remedies, penalties, fines, and imprisonment prescribed in this section shall be concurrent and cumulative and the exercise of one

shall not preclude the exercise of the others.

Further, the remedies, penalties, fines, and imprisonment prescribed in this section shall be in

addition to any other remedies, penalties, fines,

and imprisonment afforded by any other law or

regulation.

(f) State civil actions

(1) A State may commence a civil action under

subsection (c) of this section against any person

conducting activity within the State in violation of this section. Civil actions brought by a

State shall only be brought in the United States

district court for the judicial district in which

the defendant resides or in which the violation

occurred or in which the lease or land involved

is located. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to

order appropriate remedies and penalties as described in subsection (c) of this section.

(2) A State shall notify the Attorney General

of the United States of any civil action filed by

the State under this subsection within 30 days of

filing of the action. The Attorney General of the

United States shall notify a State of any civil

action arising from activity conducted within

that State filed by the Attorney General under

this subsection within 30 days of filing of the action.

(3) Any civil penalties recovered by a State

under this subsection shall be retained by the

State and may be expended in such manner and

for such purposes as the State deems appropriate. If a civil action is jointly brought by the

Attorney General and a State, by more than one

State or by the Attorney General and more than

one State, any civil penalties recovered as a result of the joint action shall be shared by the

parties bringing the action in the manner determined by the court rendering judgment in such

action.

(4) If a State has commenced a civil action

against a person conducting activity within the

State in violation of this section, the Attorney

General may join in such action but may not institute a separate action arising from the same

activity under this section. If the Attorney General has commenced a civil action against a person conducting activity within a State in violation of this section, that State may join in such

action but may not institute a separate action

arising from the same activity under this section.

(5) Nothing in this section shall deprive a

State of jurisdiction to enforce its own civil and

criminal laws against any person who may also

be subject to civil and criminal action under

this section.

(Feb. 25, 1920, ch. 85, §41, as added Pub. L.

100–203, title V, §5108, Dec. 22, 1987, 101 Stat.

1330–260.)

§ 196. Cooperative agreements; delegation of authority

Notwithstanding any other provision of law,

for fiscal year 1992 and each year thereafter, the

Secretary of the Interior or his designee is authorized to—

(a) enter into a cooperative agreement or

agreements with any State or Indian tribe to

share royalty management information, to

carry out inspection, auditing, investigation

or enforcement (not including the collection of

royalties, civil penalties, or other payments)

activities in cooperation with the Secretary,

except that the Secretary shall not enter into

such cooperative agreement with a State with

respect to any such activities on Indian lands

except with the permission of the Indian tribe

involved; and

(b) upon written request of any State, to

delegate to the State all or part of the authorities and responsibilities of the Secretary

under the authorizing leasing statutes, leases,

and regulations promulgated pursuant thereto

to conduct audits, investigations, and inspections, except that the Secretary shall not undertake such a delegation with respect to any

Indian lands except with permission of the Indian tribe involved,

with respect to any lease authorizing exploration for or development of coal, any other

solid mineral, or geothermal steam on any Federal lands or Indian lands within the State or

with respect to any lease or portion of a lease

subject to section 1337(g) of title 43, on the same

terms and conditions as those authorized for oil

and gas leases under sections 1732, 1733, 1735, and

1736 of this title and the regulations duly pro-
§ 201 TITLE 30—MINERAL LANDS AND MINING Page 62

mulgated with respect thereto: Provided further,

That section 1734 of this title shall apply to

leases authorizing exploration for or development of coal, any other solid mineral, or geothermal steam on any Federal lands, or to any

lease or portion of a lease subject to section

1337(g) of title 43: Provided further, That the Secretary shall compensate any State or Indian

tribe for those costs which are necessary to

carry out activities conducted pursuant to such

cooperative agreement or delegation.

(Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat.

1001.)

CODIFICATION

Section was not enacted as part of act Feb. 25, 1920,

ch. 85, 41 Stat. 437, known as the Mineral Leasing Act,

which comprises this chapter.

SUBCHAPTER II—COAL

§ 201. Leases and exploration

(a) Division into tracts; bidding and award; negotiated sales on exercise of right-of-way permits; leases to public agencies; fair market

value of leases; leases in National Forests;

comprehensive land-use plans; notice of proposed lease offering

(1) The Secretary of the Interior is authorized

to divide any lands subject to this chapter which

have been classified for coal leasing into leasing

tracts of such size as he finds appropriate and in

the public interest and which will permit the

mining of all coal which can be economically extracted in such tract and thereafter he shall, in

his discretion, upon the request of any qualified

applicant or on his own motion, from time to

time, offer such lands for leasing and shall

award leases thereon by competitive bidding:

Provided, That notwithstanding the competitive

bidding requirement of this section, the Secretary may, subject to such conditions which he

deems appropriate, negotiate the sale at fair

market value of coal the removal of which is

necessary and incidental to the exercise of a

right-of-way permit issued pursuant to title V of

the Federal Land Policy and Management Act of

1976 [43 U.S.C. 1761 et seq.]. No less than 50 per

centum of the total acreage offered for lease by

the Secretary in any one year shall be leased

under a system of deferred bonus payment. Upon

default or cancellation of any coal lease for

which bonus payments are due, any unpaid remainder of the bid shall be immediately payable

to the United States. A reasonable number of

leasing tracts shall be reserved and offered for

lease in accordance with this section to public

bodies, including Federal agencies, rural electric

cooperatives, or nonprofit corporations controlled by any of such entities: Provided, That

the coal so offered for lease shall be for use by

such entity or entities in implementing a definite plan to produce energy for their own use or

for sale to their members or customers (except

for short-term sales to others). No bid shall be

accepted which is less than the fair market

value, as determined by the Secretary, of the

coal subject to the lease. Prior to his determination of the fair market value of the coal subject

to the lease, the Secretary shall give opportunity for and consideration to public comments

on the fair market value. Nothing in this section shall be construed to require the Secretary

to make public his judgment as to the fair market value of the coal to be leased, or the comments he receives thereon prior to the issuance

of the lease. He is authorized, in awarding leases

for coal lands improved and occupied or claimed

in good faith, prior to February 25, 1920, to consider and recognize equitable rights of such occupants or claimants.

(2)(A) The Secretary shall not issue a lease or

leases under the terms of this chapter to any

person, association, corporation, or any subsidiary, affiliate, or persons controlled by or under

common control with such person, association,

or corporation, where any such entity holds a

lease or leases issued by the United States to

coal deposits and has held such lease or leases

for a period of ten years when such entity is not,

except as provided for in section 207(b) of this

title, producing coal from the lease deposits in

commercial quantities. In computing the tenyear period referred to in the preceding sentence, periods of time prior to August 4, 1976,

shall not be counted.

(B) Any lease proposal which permits surface

coal mining within the boundaries of a National

Forest which the Secretary proposes to issue

under this chapter shall be submitted to the

Governor of each State within which the coal

deposits subject to such lease are located. No

such lease may be issued under this chapter before the expiration of the sixty-day period beginning on the date of such submission. If any Governor to whom a proposed lease was submitted

under this subparagraph objects to the issuance

of such lease, such lease shall not be issued before the expiration of the six-month period beginning on the date the Secretary is notified by

the Governor of such objection. During such sixmonth period, the Governor may submit to the

Secretary a statement of reasons why such lease

should not be issued and the Secretary shall, on

the basis of such statement, reconsider the issuance of such lease.

(3)(A)(i) No lease sale shall be held unless the

lands containing the coal deposits have been included in a comprehensive land-use plan and

such sale is compatible with such plan. The Secretary of the Interior shall prepare such landuse plans on lands under his responsibility

where such plans have not been previously prepared. The Secretary of the Interior shall inform

the Secretary of Agriculture of substantial development interest in coal leasing on lands

within the National Forest System. Upon receipt of such notification from the Secretary of

the Interior, the Secretary of Agriculture shall

prepare a comprehensive land-use plan for such

areas where such plans have not been previously

prepared. The plan of the Secretary of Agriculture shall take into consideration the proposed coal development in these lands: Provided,

That where the Secretary of the Interior finds

that because of non-Federal interest in the surface or because the coal resources are insufficient to justify the preparation costs of a Federal comprehensive land-use plan, the lease sale

can be held if the lands containing the coal deposits have been included in either a comprehen-