§195 Enforcement

Summary

It is illegal to set up or take part in plans to get around the rules for federal mineral leases or to lie or hide important facts to get money or property tied to those leases. That includes lying about lease value, whether land is open for leasing, someone’s ability to get leases, or what the rules say. If someone knowingly breaks these rules, they can be fined up to $500,000, put in prison for up to five years, or both. The U.S. Attorney General can sue in federal court to stop the wrongdoing, get a temporary order or injunction, seek a civil fine up to $100,000 for each violation, ban people from taking part in exploration, leasing, or development of federal minerals, or use other proper remedies. If a company is charged, any officer, employee, or agent who knowingly ordered or did the wrongful act can be held the same way. A company can also be held liable for actions by its people unless it shows the person acted without the company’s knowledge or approval. States can bring the same kinds of federal civil suits in the district where the person lives, the violation happened, or the land is located; the court can hear the case no matter the amount or who the parties are. A State must tell the Attorney General within 30 days after filing. Penalties recovered by a State stay with the State unless a joint suit decides a different split. The Attorney General and States can join each other’s suits but cannot file separate cases about the same conduct. States can still enforce their own laws too.