36 CFR 296.16 - Civil penalty amounts.

§ 296.16 Civil penalty amounts.
(a) Maximum amount of penalty.
(1) Where the person being assessed a civil penalty has not committed any previous violation of any prohibition in § 296.4 or of any term or condition included in a permit issued pursuant to this part, the maximum amount of the penalty shall be the full cost of restoration and repair of archaeological resources damaged plus the archaeological or commercial value of archaeological resources destroyed or not recovered.
(2) Where the person being assessed a civil penalty has committed any previous violation of any prohibition in § 296.4 or of any term or condition included in a permit issued pursuant to this part, the maximum amount of the penalty shall be double the cost of restoration and repair plus double the archaeological or commercial value of archaeological resources destroyed or not recovered.
(3) Violations limited to the removal of arrowheads located on the surface of the ground shall not be subject to the penalties prescribed in this section.
(b) Determination of penalty amount, mitigation, and remission. The Federal land manager may assess a penalty amount less than the maximum amount of penalty and may offer to mitigate or remit the penalty.
(1) Determination of the penalty amount and/or a proposal to mitigate or remit the penalty may be based upon any of the following factors:
(i) Agreement by the person being assessed a civil penalty to return to the Federal land manager archaeological resources removed from public lands or Indian lands;
(ii) Agreement by the person being assessed a civil penalty to assist the Federal land manager in activity to preserve, restore, or otherwise contribute to the protection and study of archaeological resources on public lands or Indian lands;
(iii) Agreement by the person being assessed a civil penalty to provide information which will assist in the detection, prevention, or prosecution of violations of the Act or this part;
(iv) Demonstration of hardship or inability to pay, provided that this factor shall only be considered when the person being assessed a civil penalty has not been found to have previously violated the regulations in this part;
(v) Determination that the person being assessed a civil penalty did not willfully commit the violation;
(vi) Determination that the proposed penalty would constitute excessive punishment under the circumstances;
(vii) Determination of other mitigating circumstances appropriate to consideration in reaching a fair and expeditious assessment.
(2) When the penalty is for a violation on Indian lands, the Federal land manager shall consult with and consider the interests of the Indian landowner and the Indian tribe having jurisdiction over the Indian lands prior to proposing to mitigate or remit the penalty.
(3) When the penalty is for a violation which may have had an effect on a known Indian tribal religious or cultural site on public lands, the Federal land manager should consult with and consider the interests of the affected tribe(s) prior to proposing to mitigate or remit the penalty.
[49 FR 1027, Jan. 6, 1984, as amended at 52 FR 47721, Dec. 16, 1987]

Title 36 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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United States Code
U.S. Code: Title 16 - CONSERVATION

§ 432 - Permits to examine ruins, excavations, and gathering of objects; regulations

§ 433 - American antiquities

§ 469 - Preservation of historical and archeological data threatened by dam construction or alterations of terrain

§ 470a - Historic preservation program

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 470b - Requirements for awarding of grant funds

16 U.S. Code § 460b, 460c - Repealed.

§ 470c - Apportionment of grant funds

§ 470d - Loan insurance program for preservation of property included on National Register

§ 470e - Recordkeeping; recipients of assistance; audit

§ 470f - Effect of Federal undertakings upon property listed in National Register; comment by Advisory Council on Historic Preservation

§ 470g - White House, United States Supreme Court building, and United States Capitol not included in program for preservation of historical properties

§ 470h - Historic Preservation Fund; establishment; appropriations; source of revenue

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

16 U.S. Code § 460b, 460c - Repealed.

§ 470i - Advisory Council on Historic Preservation

§ 470j - Functions of Council; annual report to President and Congress; recommendations

§ 470k - Cooperation between Council and instrumentalities of executive branch of Federal Government

16 U.S. Code § -

§ 470m - Administration

§ 470n - International Centre for Study of Preservation and Restoration of Cultural Property

16 U.S. Code § -

§ 470p - Rights, benefits, and privileges of transferred employees

§ 470q - Operations of Council; exemption

§ 470r - Transmittal of legislative recommendations, or testimony, or comments, to any officer or agency of the United States prior to submission thereof to Congress; prohibition

§ 470s - Rules and regulations; participation by local governments

§ 470t - Budget; authorization of appropriations

§ 470aa - Congressional findings and declaration of purpose

§ 470bb - Definitions

§ 470cc - Excavation and removal

§ 470dd - Custody of archaeological resources

§ 470ee - Prohibited acts and criminal penalties

§ 470ff - Civil penalties

§ 470gg - Enforcement

§ 470hh - Confidentiality of information concerning nature and location of archaeological resources

§ 470ii - Rules and regulations; intergovernmental coordination

§ 470jj - Cooperation with private individuals

§ 470kk - Savings provisions

16 U.S. Code § -

§ 470mm - Surveying of lands; reporting of violations

U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE