Page:United States Statutes at Large Volume 96 Part 2.djvu/1091

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PUBLIC LAW 97-000—MMMM. DD, 1982

PUBLIC LAW 97-451—JAN. 12, 1983

96 STAT. 2453

In connection with any such hearings, inquiry, investigation, or audit, the Secretary is also authorized where reasonably necessary— (1) to require by special or general order, any person to submit Affidavits. in writing such affidavits and answers to questions as the Secretary may reasonably prescribe, which submission shall be made within such reasonable period and under oath or otherwise, as may be necessary; (2) to administer oaths; I (3) to require by subpena the attendance and testimony of Subpena I witnesses and the production of all books, papers, production I and financial records, documents, matter, and materials, as the 1 Secretary may request; (4) to order testimony to be taken by deposition before any Depositions. person who is designated by the Secretary and who has the power to administer oaths, and to compel testimony and the 1 production of evidence in the same manner as authorized under paragraph (3) of this subsection; and V (5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States, (b) In case of refusal to obey a subpena served upon any person Refusal to obey under this section, the district court of the United States for any subpena. district in which such person is found, resides, or transacts business, upon application by the Attorney General at the request of the Secretary and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secret£uy. Any failure to obey such order of the court may be punished by such court as contempt thereof and subject to a penalty ofup to $10,000 a day. INSPECTIONS

SEC. 108. (a)(1) On any lease site on Federal or Indian lands, any authorized and properly identified representative of the Secretary may stop and inspect any motor vehicle that he has probable cause to believe is carrying oil from a lease site on Federal or Indian lands or allocated to such a lease site, for the purpose of determining whether the driver of such vehicle has documentation related to such oil as required by law. (2) Any authorized and properly identified representative of the Secretary, accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, may stop and inspect any motor vehicle which is not on a lease site if he has probable cause to believe the vehicle is carrying oil from a lease site on Federal or Indian lands or allocated to such a lease site. Such inspection shall be for the purpose of determining whether the driver of such vehicle has the documentation required by law. (b) Authorized and properly identified representatives of the Secretary may without advance notice, enter upon, travel across and inspect lease sites on Federal or Indian lands and may obtain from the operator immediate access to secured facilities on such lease sites, for the purpose of making any inspection or investigation for determining whether there is compliance with the requirements of the mineral leasing laws and this Act. The Secretary shall develop guidelines setting forth the coverage and the frequency of such inspections.

30 USC 1718.