---
kind: "section"
citation: "16 U.S.C. § 823b"
title: "16"
title_heading: "Conservation"
number: "823b"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/823b"
units:
  - "Chapter 12 — Federal Regulation and Development of Power"
  - "Subchapter I — Regulation of the Development of Water Power and Resources"
---

# §823b. Enforcement

- (a) **Monitoring and investigation—** The [Commission](/usc/16/544.md?p=c) shall monitor and investigate compliance with each license and permit issued under this subchapter and with each exemption granted from any requirement of this subchapter. The [Commission](/usc/16/544.md?p=c) shall conduct such investigations as may be necessary and proper in accordance with this chapter. After notice and opportunity for public hearing, the [Commission](/usc/16/544.md?p=c) may issue such orders as necessary to require compliance with the terms and conditions of licenses and permits issued under this subchapter and with the terms and conditions of exemptions granted from any requirement of this subchapter.
- (b) **Revocation orders—** After notice and opportunity for an evidentiary hearing, the [Commission](/usc/16/544.md?p=c) may also issue an order revoking any license issued under this subchapter or any exemption granted from any requirement of this subchapter where any [licensee](/usc/16/796.md?p=5) or exemptee is found by the [Commission](/usc/16/544.md?p=c):
  - (1) to have knowingly violated a final order issued under [subsection (a)](#a) after completion of judicial review (or the opportunity for judicial review); and
  - (2) to have been given reasonable time to comply fully with such order prior to commencing any revocation proceeding.

  In any such proceeding, the order issued under [subsection (a)](#a) shall be subject to de novo review by the [Commission](/usc/16/544.md?p=c). No order shall be issued under this subsection until after the [Commission](/usc/16/544.md?p=c) has taken into consideration the nature and seriousness of the [violation](/usc/16/620e.md?p=11) and the efforts of the [licensee](/usc/16/796.md?p=5) to remedy the [violation](/usc/16/620e.md?p=11).

- (c) **Civil penalty—** Any [licensee](/usc/16/796.md?p=5), permittee, or exemptee who violates or fails or refuses to comply with any rule or regulation under this subchapter, any term, or condition of a license, permit, or exemption under this subchapter, or any order issued under [subsection (a)](#a) shall be subject to a civil penalty in an amount not to exceed $10,000 for each day that such [violation](/usc/16/620e.md?p=11) or failure or refusal continues. Such penalty shall be assessed by the [Commission](/usc/16/544.md?p=c) after notice and opportunity for public hearing. In determining the amount of a proposed penalty, the [Commission](/usc/16/544.md?p=c) shall [take](/usc/16/3102.md?p=18) into consideration the nature and seriousness of the [violation](/usc/16/620e.md?p=11), failure, or refusal and the efforts of the [licensee](/usc/16/796.md?p=5) to remedy the [violation](/usc/16/620e.md?p=11), failure, or refusal in a timely manner. No civil penalty shall be assessed where revocation is ordered.
- (d) **Assessment—**
  - (1) Before issuing an order assessing a civil penalty against any [person](/usc/16/796.md?p=4) under this section, the [Commission](/usc/16/544.md?p=c) shall provide to such [person](/usc/16/796.md?p=4) notice of the proposed penalty. Such notice shall, except in the case of a [violation](/usc/16/620e.md?p=11) of a final order issued under [subsection (a)](#a), inform such [person](/usc/16/796.md?p=4) of his opportunity to elect in writing within 30 days after the date of receipt of such notice to have the procedures of [paragraph (3)](#d-3) (in lieu of those of [paragraph (2)](#d-2)) apply with respect to such assessment.
  - (2)
    - (A) In the case of the [violation](/usc/16/620e.md?p=11) of a final order issued under [subsection (a)](#a), or unless an election is made within 30 calendar days after receipt of notice under [paragraph (1)](#d-1) to have [paragraph (3)](#d-3) apply with respect to such penalty, the [Commission](/usc/16/544.md?p=c) shall assess the penalty, by order, after a determination of [violation](/usc/16/620e.md?p=11) has been made on the record after an opportunity for an agency hearing pursuant to [section 554 of title 5](/usc/5/554.md) before an administrative law judge appointed under [section 3105](/usc/5/3105.md) of such title 5. Such assessment order shall include the administrative law judge’s findings and the basis for such assessment.
    - (B) Any [person](/usc/16/796.md?p=4) against whom a penalty is assessed under this paragraph may, within 60 calendar days after the date of the order of the [Commission](/usc/16/544.md?p=c) assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in Part,[^1] the order of the [Commission](/usc/16/544.md?p=c), or the court may remand the proceeding to the [Commission](/usc/16/544.md?p=c) for such further action as the court may direct.
  - (3)
    - (A) In the case of any civil penalty with respect to which the procedures of this paragraph have been elected, the [Commission](/usc/16/544.md?p=c) shall promptly assess such penalty, by order, after the date of the receipt of the notice under [paragraph (1)](#d-1) of the proposed penalty.
    - (B) If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under [subparagraph (A)](#d-3-A), the [Commission](/usc/16/544.md?p=c) shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in Part,[^1] such assessment.
    - (C) Any election to have this paragraph apply may not be revoked except with the consent of the [Commission](/usc/16/544.md?p=c).
  - (4) The [Commission](/usc/16/544.md?p=c) may compromise, modify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection, [taking](/usc/16/3102.md?p=18) into consideration the nature and seriousness of the [violation](/usc/16/620e.md?p=11) and the efforts of the [licensee](/usc/16/796.md?p=5) to remedy the [violation](/usc/16/620e.md?p=11) in a timely manner at any time prior to a final decision by the court of appeals under [paragraph (2)](#d-2) or by the district court under [paragraph (3)](#d-3).
  - (5) If any [person](/usc/16/796.md?p=4) fails to pay an assessment of a civil penalty after it has become a final and unappealable order under [paragraph (2)](#d-2), or after the appropriate district court has entered final judgment in favor of the [Commission](/usc/16/544.md?p=c) under [paragraph (3)](#d-3), the [Commission](/usc/16/544.md?p=c) shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review.
  - (6)
    - (A) Notwithstanding the provisions of [title 28](/usc/28.md) or of this chapter, the [Commission](/usc/16/544.md?p=c) may be represented by the general counsel of the [Commission](/usc/16/544.md?p=c) (or any attorney or attorneys within the [Commission](/usc/16/544.md?p=c) designated by the Chairman) who shall supervise, conduct, and argue any civil litigation to which paragraph (3) of this subsection applies (including any related collection action under [paragraph (5)](#d-5)) in a court of the United States or in any other court, except the Supreme Court. However, the [Commission](/usc/16/544.md?p=c) or the general counsel shall consult with the Attorney General concerning such litigation, and the Attorney General shall provide, on request, such assistance in the conduct of such litigation as may be appropriate.
    - (B) The [Commission](/usc/16/544.md?p=c) shall be represented by the Attorney General, or the Solicitor General, as appropriate, in actions under this subsection, except to the extent provided in subparagraph (A) of this paragraph.

## Footnotes

[^1]: So in original. Probably should not be capitalized.

## Source credit

(June 10, 1920, ch. 285, pt. I, § 31, as added Pub. L. 99–495, § 12, Oct. 16, 1986, 100 Stat. 1255.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable to licenses, permits, and exemptions without regard to when issued, see section 18 of Pub. L. 99–495, set out as an Effective Date of 1986 Amendment note under section 797 of this title.