Page:United States Statutes at Large Volume 96 Part 2.djvu/1093

 PUBLIC LAW 97-451—JAN. 12, 1983

96 STAT. 2455

(e) No penalty under this section shall be assessed until the person Hearing. charged with a violation has been given the opportunity for a hearing on the record. (f) The amount of any penalty under this section, as finally determined may be deducted from any sums owing by the United States to the person charged. (g) On a case-by-case basis the Secretary may compromise or reduce civil penalties under this section. (h) Notice under this subsection (a) shall be by personal service by an authorized representative of the Secretary or by registered mail. Any person may, in the manner prescribed by the Secretary, designate a representative to receive any notice under this subsection. (i) In determining the amount of such penalty, or whether it should be remitted or reduced, and in what amount, the Secretary shall state on the record the reasons for his determinations. (j) Any person who has requested a hearing in accordance with Review of subsection (e) within the time the Secretary has prescribed for such administrative a hearing and who is aggrieved by a final order of the Secretary record. under this section may seek review of such order in the United States district court for the judicial district in which the violation allegedly took place. Review by the district court shall be only on the administrative record and not de novo. Such an action shall be barred unless filed within 90 days after the Secretary's final order, (k) If any person fails to pay an assessment of a civil penalty Failure to pay assessments. under this Act— (1) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with subsection (j), or (2) after a court in an action brought under subsection (j) has entered a final judgment in favor of the Secretary, the court shall have jurisdiction to award the amount assessed plus interest from the date of the expiration of the 90-day period referred to in subsection (j). Judgment by the court shall include an order to pay. (1) No person shall be liable for a civil penalty under subsection (a) or (b) for failure to pay any rentel for any lease automatically terminated pursuant to section 31 of the Mineral Leasing Act of 1920. 30 USC 188. CRIMINAL PENALTIES

SEC. 110. Any person who commits an act for which a civil penalty is provided in section 109(d) shall, upon conviction, be punished by a fine of not more than $50,000, or by imprisonment for not more than 2 years, or both.

30 USC 1720.

ROYALTY INTEREST, PENALTIES AND PAYMENTS

SEC. H I. (a) In the case of oil and gas leases where royalty 30 USC 1721. payments are not received by the Secretary on the date that such payments are due, or are less than the amount due, the Secretary shall charge interest on such late payments or underpayments at the rate applicable under section 6621 of the Internal Revenue Code of 1954. In the case of an underpayment or partial payment, interest 26 USC 6621. shall be computed and charged only on the amount of the deficiency and not on the total amount due.

�