CITE

    16 USC Sec. 470ff                                           01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

HEAD

    Sec. 470ff. Civil penalties

STATUTE

    (a) Assessment by Federal land manager
      (1) Any person who violates any prohibition contained in an
    applicable regulation or permit issued under this chapter may be
    assessed a civil penalty by the Federal land manager concerned. No
    penalty may be assessed under this subsection unless such person is
    given notice and opportunity for a hearing with respect to such
    violation. Each violation shall be a separate offense. Any such
    civil penalty may be remitted or mitigated by the Federal land
    manager concerned.
      (2) The amount of such penalty shall be determined under
    regulations promulgated pursuant to this chapter, taking into
    account, in addition to other factors -
        (A) the archaeological or commercial value of the
      archaeological resource involved, and
        (B) the cost of restoration and repair of the resource and the
      archaeological site involved.
    Such regulations shall provide that, in the case of a second or
    subsequent violation by any person, the amount of such civil
    penalty may be double the amount which would have been assessed if
    such violation were the first violation by such person. The amount
    of any penalty assessed under this subsection for any violation
    shall not exceed an amount equal to double the cost of restoration
    and repair of resources and archaeological sites damaged and double
    the fair market value of resources destroyed or not recovered.
      (3) No penalty shall be assessed under this section for the
    removal of arrowheads located on the surface of the ground.
    (b) Judicial review of assessed penalties; collection of unpaid
      assessments
      (1) Any person aggrieved by an order assessing a civil penalty
    under subsection (a) of this section may file a petition for
    judicial review of such order with the United States District Court
    for the District of Columbia or for any other district in which
    such a person resides or transacts business. Such a petition may
    only be filed within the 30-day period beginning on the date the
    order making such assessment was issued. The court shall hear such
    action on the record made before the Federal land manager and shall
    sustain his action if it is supported by substantial evidence on
    the record considered as a whole.
      (2) If any person fails to pay an assessment of a civil penalty -
        (A) after the order making the assessment has become a final
      order and such person has not filed a petition for judicial
      review of the order in accordance with paragraph (1), or
        (B) after a court in an action brought under paragraph (1) has
      entered a final judgment upholding the assessment of a civil
      penalty,
    the Federal land managers may request the Attorney General to
    institute a civil action in a district court of the United States
    for any district in which such person is found, resides, or
    transacts business to collect the penalty and such court shall have
    jurisdiction to hear and decide any such action. In such action,
    the validity and amount of such penalty shall not be subject to
    review.
    (c) Hearings
      Hearings held during proceedings for the assessment of civil
    penalties authorized by subsection (a) of this section shall be
    conducted in accordance with section 554 of title 5. The Federal
    land manager may issue subpenas for the attendance and testimony of
    witnesses and the production of relevant papers, books, and
    documents, and administer oaths. Witnesses summoned shall be paid
    the same fees and mileage that are paid to witnesses in the courts
    of the United States. In case of contumacy or refusal to obey a
    subpena served upon any person pursuant to this paragraph, the
    district court of the United States for any district in which such
    person is found or resides or transacts business, upon application
    by the United States and after notice to such person, shall have
    jurisdiction to issue an order requiring such person to appear and
    give testimony before the Federal land manager or to appear and
    produce documents before the Federal land manager, or both, and any
    failure to obey such order of the court may be punished by such
    court as a contempt thereof.

SOURCE

    (Pub. L. 96-95, Sec. 7, Oct. 31, 1979, 93 Stat. 725.)