Title 16 — ConservationRelease 119-73not60

§4307 Civil Penalties

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary can order a civil fine, up to $10,000, against anyone who breaks the chapter’s rules, regulations, or permits. Before fining, the Secretary must send written notice and let the person request a hearing within 30 days. Each separate violation is treated on its own. When deciding the fine amount, the Secretary must consider how serious the violation was, any money gained from it, past violations, and other relevant facts. A person can ask a federal court (either the District of Columbia or the district where the violation happened) to review the fine. That petition must be filed within 30 days of the order. If the fine is not paid within 30 days, it is due; if the person appealed, payment is due within 10 days after a court issues a final judgment for the Secretary. The Secretary may issue subpoenas for witnesses or documents and ask the Attorney General to enforce them; federal courts can enforce subpoenas and punish failures to comply.

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 5, 2026

Release point: 119-73not60