§ 470ff. — Civil penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC470ff]
TITLE 16--CONSERVATION
CHAPTER 1B--ARCHAEOLOGICAL RESOURCES PROTECTION
Sec. 470ff. Civil penalties
(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.
(Pub. L. 96-95, Sec. 7, Oct. 31, 1979, 93 Stat. 725.)
Section Referred to in Other Sections
This section is referred to in sections 470cc, 470gg of this title.
