§ 1466. — Civil forfeitures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1466]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 26--DEEP SEABED HARD MINERAL RESOURCES
SUBCHAPTER III--ENFORCEMENT AND MISCELLANEOUS PROVISIONS
Sec. 1466. Civil forfeitures
(a) In general
Any vessel subject to the provisions of sections 1464 and 1465 of
this title, including its gear, furniture, appurtenances, stores, and
cargo, which is used, in any manner, in connection with or as a result
of the commission of any act prohibited by section 1461 of this title
and any hard mineral resource which is recovered, processed, or
retained, in any manner, in connection with or as a result of the
commission of any such act, shall be subject to forfeiture to the United
States. All or part of such vessel, and all such hard mineral resources,
may be forfeited to the United States pursuant to a civil proceeding
under this section. All provisions of law relating to the seizure,
judicial forfeiture, and condemnation of a vessel or cargo for violation
of the customs laws, and the disposition of the vessel, cargo, or
proceeds from the sale thereof and the remission or mitigation of such
forfeitures shall apply to seizures and forfeitures incurred or alleged
to have been incurred under the provisions of this section insofar as
such provisions of law are applicable and not inconsistent with this
chapter.
(b) Jurisdiction of courts
Any district court of the United States which has jurisdiction under
section 1467 of this title shall have jurisdiction, upon application by
the Attorney General on behalf of the United States, to order any
forfeiture authorized under subsection (a) of this section and any
action provided for under subsection (d) of this section.
(c) Judgment
If a judgment is entered for the United States in a civil forfeiture
proceeding under this section, the Attorney General may seize any
property or other interest declared forfeited to the United States which
has not previously been seized pursuant to this chapter or for which
security has not previously been obtained under subsection (d) of this
section.
(d) Procedure
Any officer authorized to serve any process in rem which is issued
by a court having jurisdiction under section 1467 of this title shall
stay the execution of such process, or discharge any property seized
pursuant to such process, upon the receipt of a satisfactory bond or
other security from any person subject to section 1461 of this title
claiming such property. Such bond or other security shall be conditioned
upon such person (1) delivering such property to the appropriate court
upon order thereof, without any impairment of its value; or (2) paying
the monetary value of such property pursuant to any order of such court.
Judgment shall be recoverable on such bond or other security against
both the principal and any sureties in the event that any condition
thereof is breached, as determined by such court.
(e) Rebuttable presumption
For purposes of this section, it shall be a rebuttable presumption
that all hard mineral resources found on board a vessel subject to the
provisions of sections 1464 and 1465 of this title which is seized in
connection with an act prohibited by section 1461 of this title were
recovered, processed, or retained in violation of this chapter.
(Pub. L. 96-283, title III, Sec. 306, June 28, 1980, 94 Stat. 580.)
References in Text
The customs laws, referred to in subsec. (a), are classified
generally to Title 19, Customs Duties.
