16 U.S. Code § 4307 - Civil penalties

(a) Assessment
(1) The Secretary may issue an order assessing a civil penalty against any person who violates any prohibition contained in this chapter, any regulation promulgated pursuant to this chapter, or any permit issued under this chapter. Before issuing such an order, the Secretary shall provide such person written notice and the opportunity to request a hearing on the record within 30 days. Each violation shall be a separate offense, even if such violations occurred at the same time.
(2) The amount of such civil penalty shall be determined by the Secretary taking into account appropriate factors, including
(A) the seriousness of the violation;
(B) the economic benefit (if any) resulting from the violation;
(C) any history of such violations; and
(D) such other matters as the Secretary deems appropriate. The maximum fine permissible under this section is $10,000.
(b) Judicial review
Any person aggrieved by an assessment of a civil penalty under this section may file a petition for judicial review of such assessment with the United States District Court for the District of Columbia or for the district in which the violation occurred. Such a petition shall be filed within the 30-day period beginning on the date the order assessing the civil penalty was issued.
(c) Collection
If any person fails to pay an assessment of a civil penalty—
(1) within 30 days after the order was issued under subsection (a) of this section, or
(2) if the order is appealed within such 30-day period, within 10 days after court has entered a final judgment in favor of the Secretary under subsection (b) of this section,
the Secretary shall notify the Attorney General and the Attorney General shall bring a civil action in an appropriate United States district court to recover the amount of penalty assessed (plus costs, attorney’s fees, and interest at currently prevailing rates from the date the order was issued or the date of such final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review.
(d) Subpoenas
The Secretary may issue subpoenas in connection with proceedings under this subsection compelling the attendance and testimony of witnesses and subpoenas duces tecum, and may request the Attorney General to bring an action to enforce any subpoena under this section. The district courts shall have jurisdiction to enforce such subpoenas and impose sanctions.

Source

(Pub. L. 100–691, § 8,Nov. 18, 1988, 102 Stat. 4550.)

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

16 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


36 CFR - Parks, Forests, and Public Property

36 CFR Part 290 - CAVE RESOURCES MANAGEMENT

43 CFR - Public Lands: Interior

43 CFR Part 37 - CAVE MANAGEMENT

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.