Title 30, Mineral Lands and MiningRelease 119-110

§1462 Civil Penalties

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

Last updated Sep 22, 2026|Official source

Summary

People who break the rules in section 1461 must pay a civil fine to the federal government. The Administrator will decide the fine and send a written notice after giving notice and a chance for a hearing under federal hearing rules. The fine can be up to $25,000 for each violation, and each day a violation continues counts as a separate offense. When setting the amount, the Administrator looks at what happened, how serious it was, how long it lasted, any past violations, whether the person tried in good faith to fix the problem, and other fairness factors. If fined, a person can ask a U.S. district court to review the penalty by filing an appeal within 30 days and mailing a copy to the Administrator by certified mail. If the fine becomes final and is not paid, the Administrator will send the case to the U.S. Attorney General, who will sue to collect the money; that collection case cannot re-open the original order. The Administrator may also settle, reduce, or cancel a penalty unless a court case to review or collect it is already pending.

Full Legal Text

Title 30, §1462

Mineral Lands and Mining, Source: USLM XML via OLRC

(a)Assessment of penalty

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)Review of civil penalty

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)Action upon failure to pay assessment

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)Compromise or other action by the Administrator

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

Sep 22, 2026

Release point: 119-110