Title 16 — ConservationRelease 119-73

§470aaa–6 Civil penalties

Title 16 › Chapter CHAPTER 1C— - PALEONTOLOGICAL RESOURCES PRESERVATION › § 470aaa–6

Last updated Apr 6, 2026|Official source

Summary

Anyone who breaks a rule or permit under this law can be fined by the Secretary after getting a notice and a chance for a hearing. Each breach is a separate offense. The fine is set by rules and must consider: the greater of the scientific value or fair market value of the fossil, the cost to respond, restore, and repair the fossil and site, and any other relevant factors the Secretary finds. A second or later offense may lead to doubling the penalty. For any one violation, the fine cannot be more than twice the cost of response/restoration/repair plus twice the scientific or fair market value of the lost or damaged fossils. If someone is fined, they can ask a court to review the order within 30 days in the U.S. District Court for the District of Columbia or in the district where the violation happened. If the fine is not paid within 30 days after the order is final or after a court upholds it, the Secretary can ask the Attorney General to sue to collect the penalty, plus interest at current rates from the final date, and the person must also pay lawyers’ fees and collection costs. Hearings follow the usual federal administrative hearing rules (section 554 of title 5). Money collected may only be used to protect, restore, study, and monitor fossil resources and sites, to make public education materials, or to pay rewards under the related reward rule.

Full Legal Text

Title 16, §470aaa–6

Conservation — Source: USLM XML via OLRC

(a)(1)A person who violates any prohibition contained in an applicable regulation or permit issued under this chapter may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section.

(2)The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this chapter, taking into account the following factors:

(A)The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary.

(B)The cost of response, restoration, and repair of the resource and the paleontological site involved.

(C)Any other factors considered relevant by the Secretary assessing the penalty.

(3)In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled.

(4)The amount of any penalty assessed under this subsection for any 1 violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered.

(b)(1)Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record considered as a whole.

(2)If any person fails to pay a penalty under this section within 30 days—

(A)after the order making assessment has become final and the 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 in paragraph (1) has entered a final judgment upholding the assessment of the penalty,11 So in original. Following provisions probably should be set flush with par. (2). the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person if 22 So in original. Probably should be “is”. found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings.

(c)Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5.

(d)Penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows:

(1)To protect, restore, or repair the paleontological resources and sites which were the subject of the action, and to protect, monitor, and study the resources and sites.

(2)To provide educational materials to the public about paleontological resources and sites.

(3)To provide for the payment of rewards as provided in section 470aaa–7 of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 470aaa–6

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73