2013 US Code
Title 25 - Indians
Chapter 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION (§§ 3001 - 3013)
Section 3007 - Penalty
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 25 - INDIANS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 25 - INDIANS CHAPTER 32 - NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION Sec. 3007 - Penalty |
Contains | section 3007 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 101-601, §9, Nov. 16, 1990, 104 Stat. 3057. |
Statutes at Large References | 104 Stat. 3057, 3048 |
Public Law References | Public Law 101-601 |
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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 penaltyThe 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,1 and
(3) the number of violations that have occurred.
(c) Actions to recover penaltiesIf 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) SubpoenasIn 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 TEXTThis 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.
1 So in original. The comma probably should be a semicolon.
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