Title 16, ConservationRelease 119-110

§4307 Civil Penalties

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary can order a civil fine against anyone who breaks the rules, regulations, or permits under this chapter. Before issuing a fine, the Secretary must send written notice and give the person 30 days to ask for a formal hearing. Each separate rule broken is treated as a separate offense. When setting the amount, the Secretary will consider things like how serious the violation was, any money gained from it, past violations, and other relevant facts. The top fine is $10,000. If you disagree, you can ask a federal district court in the District of Columbia or where the violation happened to review the order. You must file that request within 30 days after the order is issued. If you do not pay within 30 days, or if you appeal and then lose and still do not pay within 10 days after the final court judgment for the Secretary, the Secretary will tell the Attorney General, who will sue to collect the penalty plus costs, attorney’s fees, and interest at current rates from the date of the order or judgment. The collection lawsuit cannot relitigate whether the penalty was valid or how much it was. The Secretary may also 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)Assessment

(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)Judicial review

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)Collection

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),

the Secretary shall notify the Attorney General and the Attorney General shall bring a civil action in an appropriate United States district court to recover the amount of penalty assessed (plus costs, attorney’s fees, and interest at currently prevailing rates from the date the order was issued or the date of such final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review.

(d)Subpoenas

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

Sep 22, 2026

Release point: 119-110