---
kind: "section"
citation: "16 U.S.C. § 470aaa–6"
title: "16"
title_heading: "Conservation"
number: "470aaa–6"
heading: "Civil penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/470aaa-6"
units:
  - "Chapter 1C — Paleontological Resources Preservation"
---

# §470aaa–6. Civil penalties

- (a) **In general—**
  - (1) **Hearing—** A [person](/usc/16/450rr–1.md?p=b) who violates any prohibition contained in an applicable regulation or permit issued under this chapter may be assessed a penalty by the [Secretary](/usc/16/470aaa.md?p=5) after the [person](/usc/16/450rr–1.md?p=b) is given notice and opportunity for a hearing with respect to the [violation](/usc/16/620e.md?p=11). Each [violation](/usc/16/620e.md?p=11) shall be considered a separate offense for purposes of this section.
  - (2) **Amount of penalty—** The amount of such penalty assessed under [paragraph (1)](#a-1) shall be determined under regulations promulgated pursuant to this chapter, [taking](/usc/16/3102.md?p=18) into account the following factors:
    - (A) The scientific or fair market value, whichever is greater, of the [paleontological resource](/usc/16/470aaa.md?p=4) involved, as determined by the [Secretary](/usc/16/470aaa.md?p=5).
    - (B) The cost of response, restoration, and repair of the resource and the paleontological site involved.
    - (C) Any other factors considered relevant by the [Secretary](/usc/16/470aaa.md?p=5) assessing the penalty.
  - (3) **Multiple offenses—** In the case of a second or subsequent [violation](/usc/16/620e.md?p=11) by the same [person](/usc/16/450rr–1.md?p=b), the amount of a penalty assessed under [paragraph (2)](#a-2) may be doubled.
  - (4) **Limitation—** The amount of any penalty assessed under this subsection for any 1 [violation](/usc/16/620e.md?p=11) shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered.
- (b) **Petition for judicial review; collection of unpaid assessments—**
  - (1) **Judicial review—** Any [person](/usc/16/450rr–1.md?p=b) against whom an order is issued assessing a penalty under [subsection (a)](#a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the [violation](/usc/16/620e.md?p=11) is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the [Secretary](/usc/16/470aaa.md?p=5) shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the [Secretary](/usc/16/470aaa.md?p=5) and shall sustain the action if it is supported by substantial evidence on the record considered as a whole.
  - (2) **Failure to pay—** If any [person](/usc/16/450rr–1.md?p=b) fails to pay a penalty under this section within 30 days—
    - (A) after the order making assessment has become final and the [person](/usc/16/450rr–1.md?p=b) has not filed a petition for judicial review of the order in accordance with [paragraph (1)](#b-1); or
    - (B) after a court in an action brought in [paragraph (1)](#b-1) has entered a final judgment upholding the assessment of the penalty,[^1] the [Secretary](/usc/16/470aaa.md?p=5) may request the Attorney General to institute a civil action in a district court of the United States for any district in which the [person](/usc/16/450rr–1.md?p=b) if[^2] found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any [person](/usc/16/450rr–1.md?p=b) who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in [addition](/usc/16/410r–5.md?p=c-2) to such amount and interest, attorneys fees and costs for collection proceedings.
- (c) **Hearings—** Hearings held during proceedings instituted under [subsection (a)](#a) shall be conducted in accordance with [section 554 of title 5](/usc/5/554.md).
- (d) **Use of recovered amounts—** Penalties collected under this section shall be available to the [Secretary](/usc/16/470aaa.md?p=5) and without further appropriation may be used only as follows:
  - (1) To protect, restore, or repair the [paleontological resources](/usc/16/470aaa.md?p=4) and sites which were the subject of the action, and to protect, monitor, and study the resources and sites.
  - (2) To provide educational materials to the public about [paleontological resources](/usc/16/470aaa.md?p=4) and sites.
  - (3) To provide for the payment of rewards as provided in [section 470aaa–7 of this title](/usc/16/470aaa–7.md).

## Footnotes

[^1]: So in original. Following provisions probably should be set flush with par. (2).
[^2]: So in original. Probably should be “is”.

## Source credit

(Pub. L. 111–11, title VI, § 6307, Mar. 30, 2009, 123 Stat. 1175.)