§ 3007. — Penalty.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3007]
TITLE 25--INDIANS
CHAPTER 32--NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION
Sec. 3007. Penalty
(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,\1\ and
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\1\ So in original. The comma probably should be a semicolon.
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(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, Sec. 9, Nov. 16, 1990, 104 Stat. 3057.)
