16 U.S.C. § 825p — Jurisdiction of offenses; enforcement of li-

Page 1446 TITLE 16—CONSERVATION § 825o–1 § 825o–1. Enforcement of certain provisions (a) Violations It shall be unlawful for any person to violate any provision of subchapter II or any rule or order issued under any such provision. (b) Civil penalties Any person who violates any provision of sub- chapter II or any provision of any rule or order thereunder shall be subject to a civil penalty of not more than $1,000,000 for each day that such violation continues. Such penalty shall be as- sessed by the Commission, after notice and op- portunity for public hearing, in accordance with the same provisions as are applicable under sec- tion 823b(d) of this title in the case of civil pen- alties assessed under section 823b of this title. In determining the amount of a proposed penalty, the Commission shall take into consideration the seriousness of the violation and the efforts of such person to remedy the violation in a timely manner. (June 10, 1920, ch. 285, pt. III, § 316A, as added Pub. L. 102–486, title VII, § 725(b), Oct. 24, 1992, 106 Stat. 2920; amended Pub. L. 109–58, title XII, § 1284(e), Aug. 8, 2005, 119 Stat. 980.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 substituted ‘‘subchapter II’’ for ‘‘section 824j, 824k, 824l, or 824m of this title’’ in sub- secs. (a) and (b) and ‘‘$1,000,000’’ for ‘‘$10,000’’ in subsec. (b). Statutory Notes and Related Subsidiaries STATE AUTHORITIES; CONSTRUCTION Nothing in this section to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see sec- tion 731 of Pub. L. 102–486, set out as a note under sec- tion 796 of this title. § 825p. Jurisdiction of offenses; enforcement of li- abilities and duties The District Courts of the United States, and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have exclusive jurisdiction of violations of this chapter or the rules, regula- tions, and orders thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by, or to enjoin any violation of this chapter or any rule, regulation, or order thereunder. Any criminal proceeding shall be brought in the district wherein any act or transaction constituting the violation oc- curred. Any suit or action to enforce any liabil- ity or duty created by, or to enjoin any viola- tion of, this chapter or any rule, regulation, or order thereunder may be brought in any such district or in the district wherein the defendant is an inhabitant, and process in such cases may be served wherever the defendant may be found. Judgments and decrees so rendered shall be sub- ject to review as provided in sections 1254, 1291, and 1292 of title 28. No costs shall be assessed against the Commission in any judicial pro- ceeding by or against the Commission under this chapter. (June 10, 1920, ch. 285, pt. III, § 317, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 862; amend- ed June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) Editorial Notes CODIFICATION As originally enacted, this section contained ref- erence to the Supreme Court of the District of Colum- bia. Act June 25, 1936, substituted ‘‘the district court of the United States for the District of Columbia’’ for ‘‘the Supreme Court of the District of Columbia’’, and act June 25, 1948, as amended by act May 24, 1949, sub- stituted ‘‘United States District Court for the District of Columbia’’ for ‘‘district court of the United States for the District of Columbia’’. However, the words ‘‘United States District Court for the District of Co- lumbia’’ have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that ‘‘There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district’’, and section 88 of Title 28 which states that ‘‘the District of Columbia constitutes one judicial district’’. ‘‘Sections 1254, 1291, and 1292 of title 28’’, referred to in text, were substituted for ‘‘sections 128 and 240 of the Judicial Code, as amended (U.S.C. title 28, secs. 225 and 347)’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judici- ary and Judicial Procedure. § 825q. Repealed. Pub. L. 109–58, title XII, § 1277(a), Aug. 8, 2005, 119 Stat. 978 Section, act June 10, 1920, ch. 285, pt. III, § 318, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 863, re- lated to conflict of jurisdiction. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 6 months after Aug. 8, 2005, with pro- visions relating to effect of compliance with certain regulations approved and made effective prior to such date, see section 1274 of Pub. L. 109–58, set out as an Ef- fective Date note under section 16451 of Title 42, The Public Health and Welfare. § 825q–1. Office of Public Participation (a)(1) There shall be an office in the Commis- sion to be known as the Office of Public Partici- pation (hereinafter in this section referred to as the ‘‘Office’’). (2)(A) The Office shall be administered by a Di- rector. The Director shall be appointed by the Chairman with the approval of the Commission. (B) The Director shall be responsible for the discharge of the functions and duties of the Of- fice. The Director shall be compensated at a rate of pay not greater than the maximum rate of pay prescribed for a senior executive in the Sen- ior Executive Service under section 5382 of title 5. (3) The Director may appoint, and assign the duties of, employees of such Office, and with the concurrence of the Commission he may fix the compensation of such employees and procure temporary and intermittent services to the same extent as is authorized under section 3109 of title 5. (b)(1) The Director shall coordinate assistance to the public with respect to authorities exer-