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OCS Civil/Criminal Penalties
The goal of the OCS Civil/Criminal Penalties Program is to assure safe and clean operations on the OCS. Through the pursuit, assessment, and collection of civil penalties and referrals for the consideration of criminal penalties, the program is designed to encourage compliance with OCS statutes and regulations.
The Bureau’s Criminal Penalty program is a screening and referral process. As part of the process, potential cases are analyzed to determine whether the facts and circumstances suggest the likelihood of a knowing violation of law warranting investigation by the Department of the Interior’s Office of Inspector General (OIG). The OIG decides whether to initiate a criminal investigation or to conduct further preliminary inquiries to ascertain the facts necessary to determine whether the case meets the criteria for investigation. Below is the Statutory Authority that governs the Bureau's Criminal Penalty Program.
Criminal
violations are covered under Section 24(c) of the Outer
Continental Shelf Lands Act (OCSLA or the Act) (43 U.S.C. 1350(c)).
Criminal violations are those that are knowing and willful and
may include:
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Violation of any provision of the OCSLA, any lease term, license, or permit pursuant to the Act, or any regulation or order issued under the Act designed to protect health, safety, or the environment or to conserve natural resources;
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Any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under the Act;
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Falsifying, tampering with, or rendering inaccurate any monitoring device or method of record required to be maintained under the Act; and
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A disclosure of any data or information required to be kept confidential by the Act.
Inspector General Act (IGA): The OIG is authorized to investigate violations of OCSLA under Section 2 of the IGA (5 U.S.C. App §§ 2 and 4 (1998)).
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Program Status (Updated
through December 31, 2008)
Summary of Civil Penalties
Paid
Chronological History
of the OCS Civil
Penalty Program
Inquiries regarding the disposition of criminal cases should be directed to DOJ.
Federal Register (FR)
Notices
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FR June 2011:
Final rule published which raises the maximum penalty rate
effective July 30, 2011.
(179.31 KB PDF)
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FR 2008: Penalties Paid Calendar Year 2007.
(53 KB PDF)
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FR 2007: Penalties Paid Calendar
Year 2006. (68 KB PDF)
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FR February 2007:
Final rule published which raises the maximum penalty rate
effective March 30, 2007. (56 KB PDF)
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FR 2006: Penalties
Paid Calendar Year 2005. (107 KB PDF)
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FR 2005: Penalties
Paid Calendar Year 2004. (299 KB PDF)
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FR October 2003:
Final rule published which raises the maximum penalty rate
effective November 28, 2003. (48 KB PDF)
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FR 2002: Penalties
Paid Calendar Year 2001.(382 KB PDF)
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FR 2008:
Penalties Paid
Calendar Year 2008.
(60 KB PDF)
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Notices to Lessees and
Operators (NTL)
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NTL 11-5N
Revised Assessment Matrix: The most recent
NTL revising the penalty matrix.
(75.87 KB PDF) |
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NTL
07-2N
Revised
Assessment Matrix: The most recent NTL revising the penalty
matrix.
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NTL
97-5N
Assessment Matrix.
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NTL
97-4N
Annual
Summary to be published. NTL announcing MMS plans to publish a
list of civil penalties paid.
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NTL
96-7N
Outer
Continental Shelf (OCS) Civil Penalties Program. NTL distributed
in 1996 announcing MMS new civil penalty policy. |
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