[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR7.16]



[Page 212]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 7_PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents

 

                      Subpart A_Uniform Regulations

 

Sec.  7.16  Civil penalty amounts.



    (a) Maximum amount of penalty. (1) Where the person being assessed a 

civil penalty has not committed any previous violation of any 

prohibition in Sec.  7.4 or of any term or condition included in a 

permit issued pursuant to this part, the maximum amount of the penalty 

shall be the full cost of restoration and repair of archaeological 

resources damaged plus the archaeological or commercial value of 

archaeological resources destroyed or not recovered.

    (2) Where the person being assessed a civil penalty has committed 

any previous violation of any prohibition in Sec.  7.4 or of any term or 

condition included in a permit issued pursuant to this part, the maximum 

amount of the penalty shall be double the cost of restoration and repair 

plus double the archaeological or commercial value of archaeological 

resources destroyed or not recovered.

    (3) Violations limited to the removal of arrowheads located on the 

surface of the ground shall not be subject to the penalties prescribed 

in this section.

    (b) Determination of penalty amount, mitigation, and remission. The 

Federal land manager may assess a penalty amount less than the maximum 

amount of penalty and may offer to mitigate or remit the penalty.

    (1) Determination of the penalty amount and/or a proposal to 

mitigate or remit the penalty may be based upon any of the following 

factors:

    (i) Agreement by the person being assessed a civil penalty to return 

to the Federal land manager archaeological resources removed from public 

lands or Indian lands;

    (ii) Agreement by the person being assessed a civil penalty to 

assist the Federal land manager in activity to preserve, restore, or 

otherwise contribute to the protection and study of archaeological 

resources on public lands or Indian lands;

    (iii) Agreement by the person being assessed a civil penalty to 

provide information which will assist in the detection, prevention, or 

prosecution of violations of the Act or this part;

    (iv) Demonstration of hardship or inability to pay, provided that 

this factor shall only be considered when the person being assessed a 

civil penalty has not been found to have previously violated the 

regulations in this part;

    (v) Determination that the person being assessed a civil penalty did 

not willfully commit the violation;

    (vi) Determination that the proposed penalty would constitute 

excessive punishment under the circumstances;

    (vii) Determination of other mitigating circumstances appropriate to 

consideration in reaching a fair and expeditious assessment.

    (2) When the penalty is for a violation on Indian lands, the Federal 

land manager shall consult with and consider the interests of the Indian 

landowner and the Indian tribe having jurisdiction over the Indian lands 

prior to proposing to mitigate or remit the penalty.

    (3) When the penalty is for a violation which may have had an effect 

on a known Indian tribal religious or cultural site on public lands, the 

Federal land manager should consult with and consider the interests of 

the affected tribe(s) prior to proposing to mitigate or remit the 

penalty.



[49 FR 1027, Jan. 6, 1984, as amended at 52 FR 47721, Dec. 16, 1987]