Title 16, ConservationRelease 119-110

§470ff Civil Penalties

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

Last updated Sep 22, 2026|Official source

Summary

Federal land managers can fine anyone who breaks rules or permit terms under this law. A person must get notice and a chance for a hearing before any fine is charged. Each rule break is a separate offense. The manager can reduce or cancel a fine. Rules set how big fines can be. They must consider the archaeological or commercial value of what was harmed and the cost to fix it. A second or later offense can be fined up to twice the first-offense amount. No fine can be more than twice the cost to restore damage and twice the fair market value of destroyed or lost items. Removing arrowheads that are just lying on the ground cannot be fined. If someone thinks a fine is wrong, they can ask a U.S. district court in Washington, D.C., or in a district where they live or do business to review the order. That petition must be filed within 30 days. The court will decide based on the record from the land manager and will uphold the fine if the record has substantial evidence. If a person does not pay after the order is final or after the court upholds it, the Attorney General can sue in a district court where the person is found, lives, or does business to collect the money. Hearings follow the procedures of section 554 of Title 5. The land manager can require people to appear, testify, and bring papers, and can give oaths. Witnesses get the same fees and travel pay as in U.S. courts. If someone refuses to obey, a district court can force compliance and punish contempt.

Full Legal Text

Title 16, §470ff

Conservation, Source: USLM XML via OLRC

(a)Assessment by Federal land manager

(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.

Such regulations shall provide that, in the case of a second or subsequent violation by any person, the amount of such civil penalty may be double the amount which would have been assessed if such violation were the first violation by such person. The amount of any penalty assessed under this subsection for any violation shall not exceed an amount equal to double the cost of restoration and repair of resources and archaeological sites damaged and double the fair market value of resources destroyed or not recovered.

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

(b)Judicial review of assessed penalties; collection of unpaid assessments

(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,

the Federal land managers may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In such action, the validity and amount of such penalty shall not be subject to review.

(c)Hearings

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

Sep 22, 2026

Release point: 119-110