16 U.S.C. § 470gg — Enforcement

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 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 ac- tion 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 up- holding the assessment of a civil penalty, the Federal land managers may request the At- torney General to institute a civil action in a district court of the United States for any dis- trict 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 va- lidity and amount of such penalty shall not be subject to review. (c) Hearings Hearings held during proceedings for the as- sessment of civil penalties authorized by sub- section (a) 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 para- graph, the district court of the United States for any district in which such person is found or re- sides or transacts business, upon application by the United States and after notice to such per- son, shall have jurisdiction to issue an order re- quiring such person to appear and give testi- mony before the Federal land manager or to ap- pear 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, § 7, Oct. 31, 1979, 93 Stat. 725.) § 470gg. Enforcement (a) Rewards Upon the certification of the Federal land manager concerned, the Secretary of the Treas- ury 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 pen- alty or fine, but not to exceed $500, to any per- son 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 pro- vided such information, such amount shall be di- vided among such persons. No officer or em- ployee 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 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, (2) assessment of a civil penalty against such person under section 470ff of this title with re- spect to such violation, or (3) a determination by any court that such archaeological resources, vehicles, or equip- ment were involved in such violation. Page 906 TITLE 16—CONSERVATION § 470hh (c) Disposition of penalties collected and items forfeited in cases involving archaeological resources excavated or removed from Indian lands In cases in which a violation of the prohibition contained in subsection (a), (b), or (c) of section 470ee of this title involve archaeological re- sources excavated or removed from Indian lands, the Federal land manager or the court, as the case may be, shall provide for the payment to the Indian or Indian tribe involved of all pen- alties collected pursuant to section 470ff of this title and for the transfer to such Indian or In- dian tribe of all items forfeited under this sec- tion. (Pub. L. 96–95, § 8, Oct. 31, 1979, 93 Stat. 726.) § 470hh. Confidentiality of information con- cerning nature and location of archae- ological resources (a) Disclosure of information Information concerning the nature and loca- tion of any archaeological resource for which the excavation or removal requires a permit or other permission under this chapter or under any other provision of Federal law may not be made available to the public under subchapter II of chapter 5 of title 5 or under any other provi- sion of law unless the Federal land manager con- cerned determines that such disclosure would— (1) further the purposes of this chapter or chapter 3125 of title 54, and (2) not create a risk of harm to such re- sources or to the site at which such resources are located. (b) Request for disclosure by Governors Notwithstanding the provisions of subsection (a), upon the written request of the Governor of any State, which request shall state— (1) the specific site or area for which infor- mation is sought, (2) the purpose for which such information is sought, (3) a commitment by the Governor to ade- quately protect the confidentiality of such in- formation to protect the resource from com- mercial exploitation, the Federal land manager concerned shall pro- vide to the Governor information concerning the nature and location of archaeological resources within the State of the requesting Governor. (Pub. L. 96–95, § 9, Oct. 31, 1979, 93 Stat. 727; Pub. L. 113–287, § 5(d)(8), Dec. 19, 2014, 128 Stat. 3265.) Editorial Notes AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–287, which directed substitution of ‘‘chapter 3125 of title 54’’ for ‘‘the Act of June 27, 1960 (16 U.S.C. 469–469c)’’ in subsec. (a)(2), was executed by making the substitution in subsec. (a)(1), to reflect the probable intent of Congress. § 470ii. Rules and regulations; intergovernmental coordination (a) Promulgation; effective date The Secretaries of the Interior, Agriculture and Defense and the Chairman of the Board of the Tennessee Valley Authority, after consulta- tion with other Federal land managers, Indian tribes, representatives of concerned State agen- cies, and after public notice and hearing, shall promulgate such uniform rules and regulations as may be appropriate to carry out the purposes of this chapter. Such rules and regulations may be promulgated only after consideration of the provisions of the American Indian Religious Freedom Act (92 Stat. 469; 42 U.S.C. 1996 [, 1996a]). Each uniform rule or regulation pro- mulgated under this chapter shall be submitted on the same calendar day to the Committee on Energy and Natural Resources of the United States Senate and to the Committee on Natural Resources of the United States House of Rep- resentatives, and no such uniform rule or regu- lation may take effect before the expiration of a period of ninety calendar days following the date of its submission to such Committees. (b) Federal land managers’ rules Each Federal land manager shall promulgate such rules and regulations, consistent with the uniform rules and regulations under subsection (a), as may be appropriate for the carrying out of his functions and authorities under this chap- ter. (c) Federal land managers’ public awareness pro- gram of archaeological resources on public lands and Indian lands Each Federal land manager shall establish a program to increase public awareness of the sig- nificance of the archaeological resources located on public lands and Indian lands and the need to protect such resources. (Pub. L. 96–95, § 10, Oct. 31, 1979, 93 Stat. 727; Pub. L. 100–588, § 1(d), Nov. 3, 1988, 102 Stat. 2983; Pub. L. 103–437, § 6(d)(30), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, § 814(d)(2)(A), Nov. 12, 1996, 110 Stat. 4196.) Editorial Notes REFERENCES IN TEXT The American Indian Religious Freedom Act, re- ferred to in subsec. (a), is Pub. L. 95–341, Aug. 11, 1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42 and Tables. AMENDMENTS 1996—Subsec. (c). Pub. L. 104–333 struck out at end ‘‘Each such land manager shall submit an annual re- port to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate regarding the actions taken under such program.’’ 1994—Subsecs. (a), (c). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. 1988—Subsec. (c). Pub. L. 100–588 added subsec. (c). § 470jj. Cooperation with private individuals The Secretary of the Interior shall take such action as may be necessary, consistent with the purposes of this chapter, to foster and improve the communication, cooperation, and exchange of information between—