Title 16 — ConservationRelease 119-73

§470ff Civil penalties

Title 16 › Chapter CHAPTER 1B— - ARCHAEOLOGICAL RESOURCES PROTECTION › § 470ff

Last updated Apr 6, 2026|Official source

Summary

Federal land managers can fine people who break rules or violate permits about archaeological resources on federal land. Before any fine, the person must get notice and a chance for a hearing. Each separate violation can be fined on its own. The manager can reduce or cancel a fine. The fine amount is set by agency rules and must consider the archaeological or commercial value of the item and the cost to repair the damage. No fine can be charged for picking up arrowheads that are just sitting on the ground. If someone disagrees with a fine, they can ask a U.S. District Court for a review within 30 days of the order. They may file in the District of Columbia or any district where they live or do business. The court looks at the record and keeps the fine if substantial evidence supports it. If a person does not pay after the order is final and they did not appeal, or after a court upholds the fine, the law provides steps to deal with nonpayment. Hearings follow the rules in section 554 of title 5. The land manager can issue subpoenas (orders for people to appear or give papers), swear witnesses, and witnesses get the same fees and travel pay as in U.S. courts. If someone refuses a subpoena, a federal district court can order them to comply and may punish contempt.

Full Legal Text

Title 16, §470ff

Conservation — Source: USLM XML via OLRC

(a)(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.

(3)No penalty shall be assessed under this section for the removal of arrowheads located on the surface of the ground.

(b)(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,

(c)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. 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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 470ff

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73