25 U.S.C. § 3007: Penalty

Summary

Museums that do not follow the chapter’s rules can be fined by the Secretary of the Interior. The fine is decided after a formal hearing where the museum can present its case, and each failure is a separate offense. The size of the fine will follow rules made under the chapter and will consider things like the item’s archaeological, historical, or commercial value, the harms suffered (money and non-money), and how many times the museum violated the rules. If a museum does not pay a final penalty, the Attorney General can sue in federal court to collect it, and the court won’t reexamine the penalty’s validity or amount. In hearings, subpoenas can be used to require witnesses and documents, and witnesses get the same fees and travel pay as in federal courts.

Title 25, §3007

Indians, Source: USLM XML via OLRC

(a)Penalty

Any museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the Secretary of the Interior pursuant to procedures established by the Secretary through regulation. A penalty assessed under this subsection shall be determined on the record after opportunity for an agency hearing. Each violation under this subsection shall be a separate offense.

(b)Amount of penalty

The amount of a penalty assessed under subsection (a) shall be determined under regulations promulgated pursuant to this chapter, taking into account, in addition to other factors—

(1)the archaeological, historical, or commercial value of the item involved;

(2)the damages suffered, both economic and noneconomic, by an aggrieved party, and

(3)the number of violations that have occurred.

(c)Actions to recover penalties

If any museum fails to pay an assessment of a civil penalty pursuant to a final order of the Secretary that has been issued under subsection (a) and not appealed or after a final judgment has been rendered on appeal of such order, the Attorney General may institute a civil action in an appropriate district court of the United States to collect the penalty. In such action, the validity and amount of such penalty shall not be subject to review.

(d)Subpoenas

In hearings held pursuant to subsection (a), subpoenas may be issued for the attendance and testimony of witnesses and the production of relevant papers, books, and documents. Witnesses so summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 3001 of this title and Tables.

§3007 Penalty