Title 30 — Mineral Lands and MiningRelease 119-73

§1462 Civil penalties

Title 30 › Chapter CHAPTER 26— - DEEP SEABED HARD MINERAL RESOURCES › Subchapter SUBCHAPTER III— - ENFORCEMENT AND MISCELLANEOUS PROVISIONS › § 1462

Last updated Apr 6, 2026|Official source

Summary

People covered by section 1461 who are found, after notice and a hearing, to have broken its rules must pay a civil fine to the United States. The fine can be up to $25,000 for each violation, and each day a violation continues counts as a separate offense. The Administrator will send a written notice of the fine and will set the amount after considering how serious and widespread the violation was, any past offenses, whether the person tried in good faith to fix the problem, and other fair factors. Anyone fined can ask a U.S. district court to review the penalty by filing an appeal within 30 days and sending a copy by certified mail to the Administrator. The court can overturn the Administrator’s findings only if they lack solid supporting evidence. If a final fine is not paid, or the court has ruled for the Administrator, the Administrator will send the matter to the Attorney General, who will sue to collect the money and will not re‑decide the original order. The Administrator may also reduce, change, or cancel a penalty unless a court case about it is already pending.

Full Legal Text

Title 30, §1462

Mineral Lands and Mining — Source: USLM XML via OLRC

(a)Any person subject to section 1461 of this title who is found by the Administrator, after notice and an opportunity for a hearing in accordance with section 554 of title 5, to have committed any act prohibited by section 1461 of this title shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Administrator by written notice. In determining the amount of such penalty, the Administrator shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed and, with respect to the violator, any history of prior offenses, good faith demonstrated in attempting to achieve timely compliance after being cited for the violation, and such other matters as justice may require.

(b)Any person subject to section 1461 of this title against whom a civil penalty is assessed under subsection (a) may obtain review thereof in an appropriate district court of the United States by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Administrator. The Administrator shall promptly file in such court a certified copy of the record upon which the particular violation was found and such penalty was imposed, as provided in section 2112 of title 28. The findings and order of the Administrator shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in section 706(2)(E) of title 5.

(c)If any person subject to section 1461 of this title fails to pay a civil penalty assessed against such person after the penalty has become final, or after the appropriate court has entered final judgment in favor of the Administrator, the Administrator shall refer the matter to the Attorney General of the United States, who shall recover the civil penalty assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

(d)The Administrator may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section unless an action brought under subsection (b) or (c) is pending in a court of the United States.

Reference

Citations & Metadata

Citation

30 U.S.C. § 1462

Title 30 — Mineral Lands and Mining

Last Updated

Apr 6, 2026

Release point: 119-73