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| Penalties | 226.42 – 226.43 | |||||||
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Sec. 3, 34 Stat. 543; secs. 1, 2, 45 Stat. 1478; sec. 3, 52 Stat. 1034, 1035; sec. 2(a), 92 Stat. 1660; and Sec. 701, Pub. L. 114-74, 129 Stat. 599.
81 FR 39573, June 17, 2016, unless otherwise noted.
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Violation of any of the terms or conditions of any lease or of the regulations in this part shall subject the lease to cancellation by the Superintendent, or Lessee to a fine of not more than $1,183 per day for each day of such violation or noncompliance with the orders of the Superintendent, or to both such fine and cancellation. Fines not received within 10 days after notice of the decision shall be subject to late charges at the rate of not less than 11/2 percent per month for each month or fraction thereof until paid. The Osage Tribal Council, subject to the approval of the Superintendent, may waive the late charge.
[81 FR 39573, June 17, 2016, as amended at 81 FR 42481, June 30, 2016; 82 FR 7653, Jan. 23, 2017; 83 FR 5195, Feb. 6, 2018; 84 FR 15101, Apr. 15, 2019; 85 FR 9369, Feb. 19, 2020; 86 FR 7348, Jan. 28, 2021; 87 FR 13156, Mar. 9, 2022; 88 FR 13022, Mar. 2, 2023; 89 FR 18363, Mar. 13, 2024; 90 FR 23858, June 5, 2025]
In lieu of the penalties provided under § 226.42, penalties may be imposed by the Superintendent for violation of certain sections of the regulations of this part as follows:
(a) For failure to obtain permission to start operations required by § 226.16(b), $118 per day until permission is obtained.
(b) For failure to file records required by § 226.32, $118 per day until compliance is met.
(c) For failure to mark wells and tank batteries as required by § 226.34, $118 for each well and tank battery.
(d) For failure to construct and maintain pits as required by § 226.22, $118 for each day after operations are commenced on any well until compliance is met.
(e) For failure to comply with § 226.36 regarding valve or other approved controlling device, $236.
(f) For failure to notify Superintendent before drilling, redrilling, deepening, plugging, or abandoning any well, as required by §§ 226.16(c) and 226.25, $472.
(g) For failure to properly care for and dispose of deleterious fluids as provided in § 226.22, $1,183 per day until compliance is met.
(h) For failure to file plugging reports as required by § 226.29 and for failure to file reports as required by § 226.13, $118 per day for each violation until compliance is met.
(i) For failure to perform or start an operation within 5 days after ordered by the Superintendent in writing under authority provided in this part, if said operation is thereafter performed by or through the Superintendent, the actual cost of performance thereof, plus 25 percent.
(j) Lessee or his/her authorized representative is hereby notified that criminal procedures are provided by 18 U.S.C. 1001 for knowingly filing fraudulent reports and information.
[81 FR 39573, June 17, 2016, as amended at 81 FR 42481, June 30, 2016; 82 FR 7653, Jan. 23, 2017; 83 FR 5195, Feb. 6, 2018; 84 FR 15101, Apr. 15, 2019; 85 FR 9369, Feb. 19, 2020; 86 FR 7348, Jan. 28, 2021; 87 FR 13156, Mar. 9, 2022; 88 FR 13022, Mar. 2, 2023; 89 FR 18363, Mar. 13, 2024; 90 FR 23858, June 5, 2025]