Page:United States Statutes at Large Volume 101 Part 2.djvu/1054

 101 STAT. 1330-260

PUBLIC LAW 100-203—DEC. 22, 1987

action subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969. (c) TEST SALE.—The Secretary may hold one or more lease sales conducted in accordance with the amendments made by this subtitle before promulgation of regulations referred to in subsection (a). Sale procedures for such sale shall be established in the notice of sale. SEC..5108. ENFORCEMENT.

The Act of February 25, 1920, is amended by inserting after section 40 the following new section: 30 USC 195.

"SEC. 41. ENFORCEMENT.

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"(a) VIOLATIONS.—It shall be unlawful for any person: "(1) to organize or participate in any scheme, arrangement, plan, or agreement to circumvent or defeat the provisions of this Act or its implementing regulations, or "(2) to seek to obtain or to obtain any money or property by means of false statements of material facts or by failing to state material facts concerning: " •' ' ' ' " "(A) the value of any lease or portion thereof issued or to be issued under this Act; "(B) the availability of any land for leasing under this Act; "(C) the ability of any person to obtain leases under this Act; or "(D) the provisions of this Act and its implementing regulations. "(h) PENALTY.—Any person who knowingly violates the provisions of subsection (a) of this section shall be 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. ,, J ^;,, "(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 p|rescribed 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.

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