Title 16 — ConservationRelease 119-73

§4307 Civil penalties

Title 16 › Chapter CHAPTER 63— - FEDERAL CAVE RESOURCES PROTECTION › § 4307

Last updated Apr 6, 2026|Official source

Summary

The Secretary can order a fine against anyone who breaks a rule, regulation, or permit under this law. Before fining someone, the Secretary must give written notice and let that person ask for a hearing within 30 days. Each separate violation counts on its own. The Secretary sets the fine amount, up to $10,000, based on factors like how serious the violation was, any money saved by breaking the law, past violations, and other relevant facts. If someone objects to the fine, they can ask a federal court in the District of Columbia or the district where the violation happened to review it. That request must be filed within 30 days after the fine order. The person must pay the fine within 30 days of the order, or if they appealed, within 10 days after a court rules for the Secretary. The Secretary can issue subpoenas for witnesses and documents and ask the Attorney General or a federal court to enforce them.

Full Legal Text

Title 16, §4307

Conservation — Source: USLM XML via OLRC

(a)(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)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)If any person fails to pay an assessment of a civil penalty—

(1)within 30 days after the order was issued under subsection (a), 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),

(d)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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 4307

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73