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16 U.S.C. § 470ff — Civil penalties
Federal law — U.S. Code and appendices · legal_authorities
**(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) may file a petition for judicial review of such order with the United States District Court for the District of Columbia or for an
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470ff
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Stable record: federal_law:legal_authorities:record_usc_f1d197ef680ac39cea87535f
Source file: Laws/federal/codes/united-states-code/title-16/section-470ff-civil-penalties--4962d28458.md
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Source location: Title 16, Chapter 1B, § 470ff; chapter-1b-archaeological-resources-protection.md
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**(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) 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) shall be conducted in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
(1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
(2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim);
(3) proceedings in which decisions rest solely on inspections, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a court; or
(6) the certification of worker representatives.
**(b)** Persons entitled to notice of an agency hearing shall be timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the hearing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
**(c)** The agency shall give all interested parties opportunity for—
(1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
(2) to the extent that the parties are unable so to determine a controversy by consent, heari
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for permit** Any person may apply to the Federal land manager for a permit to excavate or remove any archaeological resource located on public lands or Indian lands and to carry out activities associated with such excavation or removal. The application shall be required, under uniform regulations under this chapter, to contain such information as the Federal land manager deems necessary, including information concerning the time, scope, and location and specific purpose of the proposed work.
**(b) Determinations by Federal land manager prerequisite to issuance of permit** A permit may be issued pursuant to an application under subsection (a) if the Federal land manager determines, pursuant to uniform regulations under this chapter, that—
(1) the applicant is qualified, to carry out the permitted activity,
(2) the activity is undertaken for the purpose of furthering archaeological knowledge in the public interest,
(3) the archaeological resources which are excavated or removed from public lands will remain the property of the United States, and such resources and copies of associated archaeological records and data will be preserved by a suitable university, museum, or other scientific or educational institution, and
(4) the activity pursuant to such permit is not inconsistent with any management plan applicable to the public lands concerned.
**(c) Notification to Indian tribes of possible harm to or destruction of sites having religious or cultural importance** If a permit issued under this section may result in harm to, or destruction of, any religious or cultural site, as determined by the Federal land manager, before issuing such permit, the Federal land manager shall notify any Indian tribe which may consider the site as having religious or c
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470cc
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rewards** Upon the certification of the Federal land manager concerned, the Secretary of the Treasury is directed to pay from penalties and fines collected under sections 470ee and 470ff of this title an amount equal to one-half of such penalty or fine, but not to exceed $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which such penalty or fine was paid. If several persons provided such information, such amount shall be divided among such persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection.
**(b) Forfeitures** All archaeological resources with respect to which a violation of subsection (a), (b), or (c) of [section 470ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ee&num=0&edition=prelim) occurred and which are in the possession of any person, and all vehicles and equipment of any person which were used in connection with such violation, may be (in the discretion of the court or administrative law judge, as the case may be) subject to forfeiture to the United States upon—
(1) such person’s conviction of such violation under [section 470ee of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ee&num=0&edition=prelim),
(2) assessment of a civil penalty against such person under [section 470ff of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ff&num=0&edition=prelim) with respect to such violation, or
(3) a determination by any court that such archaeological
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470gg
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Federal law — U.S. Code and appendices · legal_authorities
Page 905
TITLE 16—CONSERVATION
§ 470gg
Subsec. (d). Pub. L. 100–588, § 1(c), substituted ‘‘$500’’
for ‘‘$5,000’’.
§ 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 sub-
section unless such person is given notice and
opportunity for a hearing with respect to such
violation. Each violation shall be a separate of-
fense. Any such civil penalty may be remitted or
mitigated by the Federal land manager con-
cerned.
(2) The amount of such penalty shall be deter-
mined 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 per-
son, the amount of such civil penalty may be
double the amount which would have been as-
sessed if such violation were the first violation
by such person. The amount of any penalty as-
sessed 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 re-
covered.
(3) No penalty shall be assessed under this sec-
tion for the removal of arrowheads located on
the surface of the ground.
(b) Judicial review of assessed penalties; collec-
tion of unpaid assessments
(1) Any person aggrieved by an order assessing
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 470ff
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.