16 U.S.C. § 4307 — Civil penalties

(a) Assessment. (1) The Secretary^* may issue an order assessing a civil penalty against a person who violates a prohibition in this chapter, a regulation made under it, or a permit issued under it. Before issuing the order, the Secretary must give the person written notice and an opportunity to request a hearing on the record within 30 days. Each violation is a separate offense, even when violations happened at the same time. (2) The Secretary must set the penalty after considering appropriate factors, including (A) how serious the violation was; (B) any economic benefit from it; (C) the person’s history of violations; and (D) other matters the Secretary considers appropriate. The maximum fine is $10,000. (b) Judicial review. A person harmed by an assessment may petition for review in the United States District Court for the District of Columbia or the district where the violation occurred. The petition must be filed within 30 days after the penalty order was issued. (c) Collection. If the person does not pay within 30 days after the order, or, if it was appealed within that period, within 10 days after a court enters final judgment for the Secretary, the Secretary must notify the Attorney General. The Attorney General must bring a civil action in an appropriate United States district court to recover the penalty, costs, attorney’s fees, and interest at currently prevailing rates from the order date or the final-judgment date, as applicable. In that action, the penalty’s validity, amount, and appropriateness may not be reviewed. (d) Subpoenas. The Secretary may issue subpoenas in proceedings under this subsection to require witnesses to attend and testify and to produce documents. The Secretary may ask the Attorney General to enforce a subpoena. District courts have jurisdiction to enforce subpoenas and impose sanctions.