---
kind: "section"
citation: "16 U.S.C. § 4307"
title: "16"
title_heading: "Conservation"
number: "4307"
heading: "Civil penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4307"
units:
  - "Chapter 63 — Federal Cave Resources Protection"
---

# §4307. Civil penalties

- (a) **Assessment—**
  - (1) The [Secretary](/usc/16/4302.md?p=6) may issue an order assessing a civil penalty against any [person](/usc/16/450rr–1.md?p=b) who violates any prohibition contained in this chapter, any regulation promulgated pursuant to this chapter, or any permit issued under this chapter. Before issuing such an order, the [Secretary](/usc/16/4302.md?p=6) shall provide such [person](/usc/16/450rr–1.md?p=b) written notice and the opportunity to request a hearing on the record within 30 days. Each [violation](/usc/16/620e.md?p=11) shall be a separate offense, even if such [violations](/usc/16/620e.md?p=11) occurred at the same time.
  - (2) The amount of such civil penalty shall be determined by the [Secretary](/usc/16/4302.md?p=6) [taking](/usc/16/3102.md?p=18) into account appropriate factors, including (A) the seriousness of the [violation](/usc/16/620e.md?p=11); (B) the economic benefit (if any) resulting from the [violation](/usc/16/620e.md?p=11); (C) any history of such [violations](/usc/16/620e.md?p=11); and (D) such other matters as the [Secretary](/usc/16/4302.md?p=6) deems appropriate. The maximum fine permissible under this section is $10,000.
- (b) **Judicial review—** Any [person](/usc/16/450rr–1.md?p=b) aggrieved by an assessment of a civil penalty under this section may file a petition for judicial review of such assessment with the United States District Court for the District of Columbia or for the district in which the [violation](/usc/16/620e.md?p=11) occurred. Such a petition shall be filed within the 30-day period beginning on the date the order assessing the civil penalty was issued.
- (c) **Collection—** If any [person](/usc/16/450rr–1.md?p=b) fails to pay an assessment of a civil penalty—
  - (1) within 30 days after the order was issued under [subsection (a)](#a), or
  - (2) if the order is appealed within such 30-day period, within 10 days after court has entered a final judgment in favor of the [Secretary](/usc/16/4302.md?p=6) under [subsection (b)](#b),

  the [Secretary](/usc/16/4302.md?p=6) shall notify the Attorney General and the Attorney General shall bring a civil action in an appropriate United States district court to recover the amount of penalty assessed (plus costs, attorney’s fees, and interest at currently prevailing rates from the date the order was issued or the date of such final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review.

- (d) **Subpoenas—** The [Secretary](/usc/16/4302.md?p=6) may issue subpoenas in connection with proceedings under this subsection compelling the attendance and testimony of witnesses and subpoenas duces tecum, and may request the Attorney General to bring an action to enforce any subpoena under this section. The district courts shall have jurisdiction to enforce such subpoenas and impose sanctions.

## Source credit

(Pub. L. 100–691, § 8, Nov. 18, 1988, 102 Stat. 4550.)