25-U.S.C.-3007
§3007 – Penalty
Pathway
Title 25 > Chapter 32 > Section 3007
Details
- Reference: Section 3007
- Legend: §3007 – Penalty
- USCode Year: 2013
Provision Content
(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) of this section 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) of this section 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) of this section, 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.
(Pub. L. 101–601, §9, Nov. 16, 1990, 104 Stat. 3057.)
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.
U.S. Encyclopedia of Law Coverage
25-U.S.C.-2905 in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-2905, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
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