---
kind: "section"
citation: "43 C.F.R. § 49.525"
title: "43"
number: "49.525"
heading: "How will the Federal land manager calculate the amount of a proposed and final assessment of civil penalty?"
url: "https://uscodex.org/cfr/43/49.525"
---

# §49.525. How will the Federal land manager calculate the amount of a proposed and final assessment of civil penalty?

- (a) The Federal land manager will determine the amount of the civil penalty by taking into account:
  - (1) The scientific or commercial value, whichever is greater as determined by the Federal land manager, of the paleontological resource involved;
  - (2) The cost of response, restoration, and repair of the paleontological resource and the paleontological site involved;
  - (3) Other factors that the Federal land manager considers relevant, such as prior violations or warnings or evidence of malicious intent;
  - (4) Information provided under [§ 49.515](/cfr/43/49.515.md) or furnished to the Federal land manager upon his or her request; and
  - (5) Mitigating factors, which may include return of paleontological resources and whether the person will provide information that may assist the bureau.
- (b) Scientific value, commercial value, and the cost of response, restoration, and repair of the paleontological resource and the paleontological site are determined in accordance with subpart G of this part.
- (c) In the case of any subsequent violation by the same person, the Federal land manager may calculate a penalty in accordance with [paragraph (a)](#a) of this section and double it for that subsequent violation.
- (d) The maximum penalty assessed under [paragraph (c)](#c) of this section for any one violation may not exceed the sum of:
  - (1) Two times the cost of response, restoration, and repair of paleontological resources and paleontological site damage; plus
  - (2) Two times the scientific or commercial value, whichever is greater as determined by the Federal land manager, of the paleontological resources and paleontological sites destroyed or not salvaged.
- (e) The final assessment of civil penalty may be equal to, less than, or more than the proposed civil penalty.

## Notes

### Authority

Authority: 16 U.S.C. 470aaa-aaa-11.

### Source

Source: 87 FR 47319, Aug. 2, 2022, unless otherwise noted.