25 USC § 3007 - Penalty

---
identifier: "/us/usc/t25/s3007"
source: "usc"
legal_status: "official_prima_facie"
title: "25 USC § 3007 - Penalty"
title_number: 25
title_name: "INDIANS"
section_number: "3007"
section_name: "Penalty"
chapter_number: 32
chapter_name: "NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION"
positive_law: false
currency: "119-84"
last_updated: "2025-07-14"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 101–601, § 9, Nov. 16, 1990, 104 Stat. 3057.)"
---


# § 3007. Penalty

**(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 penalty** The 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;

**1** the damages suffered, both economic and noneconomic, by an aggrieved party,[^1] and

So in original. The comma probably should be a semicolon.

**(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.

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**Source Credit**: (Pub. L. 101–601, § 9, Nov. 16, 1990, 104 Stat. 3057.)

## Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning , , , 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  and Tables.