25 U.S.C. § 3007

Penalty

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(a) Penalty

Any museum that fails to comply with the requirements of this chapter may be assessed a civil penalty by the Secretary of the Interior pursuant to procedures established by the Secretary through regulation. A penalty assessed under this subsection shall be determined on the record after opportunity for an agency hearing. Each violation under this subsection shall be a separate offense.

(b) Amount of penaltyThe amount of a penalty assessed under subsection (a) shall be determined under regulations promulgated pursuant to this chapter, taking into account, in addition to other factors—(1) the archaeological, historical, or commercial value of the item involved;(2) the damages suffered, both economic and noneconomic, by an aggrieved party,11 So in original. The comma probably should be a semicolon. and(3) the number of violations that have occurred.(c) Actions to recover penalties

If any museum fails to pay an assessment of a civil penalty pursuant to a final order of the Secretary that has been issued under subsection (a) and not appealed or after a final judgment has been rendered on appeal of such order, the Attorney General may institute a civil action in an appropriate district court of the United States to collect the penalty. In such action, the validity and amount of such penalty shall not be subject to review.

(d) Subpoenas

In hearings held pursuant to subsection (a), subpoenas may be issued for the attendance and testimony of witnesses and the production of relevant papers, books, and documents. Witnesses so summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

(Pub. L. 101–601, § 9, Nov. 16, 1990, 104 Stat. 3057.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, known as the Native American Graves Protection and Repatriation Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

Notes of Decisions

Cited in 3 cases, 1997–2014 · leading case: Ms. Serpentfoot v. Rome City Comm'n, 322 F. App'x 801 (11th Cir. 2009).

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Ms. Serpentfoot v. Rome City Comm'n, 322 F. App'x 801 (11th Cir. 2009). · cites it 2× “§ 1983 , and did not have a private right of action under the other potentially applicable statutes, 25 U.S.C. § 3007 and O.C.G.A. § 31-21^4. Id.”

John Thorpe v. Borough of Jim Thorpe, 770 F.3d 255 (3rd Cir. 2014). “25 U.S.C. § 3007 . V. THE BOROUGH IS NOT A “MUSEUM” UNDER NAGPRA 13 NAGPRA defines the word “museum” very broadly, as: any institution or State or local government agency (including any institution of higher learning) that receives Federal funds and has possession of, or control…”

Bonnichsen v. United States, Dep't of the Army, 969 F. Supp. 614 (D. Or. 1997). “25 U.S.C. § 3007 (which provides for monetary penalties, and is expressly limited to a museum, which suggests Congress knew how to limit the application of a remedy when it desired to do so).”

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