898
PUBLIC LAW 93-205-DEC. 28, 1973
[87 STAT.
(C), (D), (E). or (F). (a)(2)(A), (B). or (C). (c), (d) (other than reofiilation rehitino- to lecordkeeping' or filing" of reports), (f) or {(r) of section 9 of this Act, may be assessed a civil penalty by the Secretary of not more than $10,000 for each violation. Any person who knowingly Aiolates, or who knowingly commits an act in the course of a commercial activity which violates, any provision of any other regulation issued under this Act may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Any person who otherwise violates anj' provision of this Act, or any regidation, permit, or certificate issued hereunder, may be assessed a civil penalty by the Secretary of not more than $1,000 for each such o '^ortunit'^^^""^ violation. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. The court shall hear such action on the record made before the Secretary and shall sustain his action if it is supported by substantial evidence on the record considered as a whole. (2) Hearings held during proceedings for the assessment of civil penalties authorized by paragraph (1) of this subsection shall be conso Stat. 384. ducted in accordance with section 554 of title 5, United States Code. subpenas. 'p]^g Secretary may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and docuwitness fees. ments, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (b) (?RTMixAL VIOLATIONS.— (1) Any person who willfully commits an act which violates any provision of this Act, of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A). (B). (C), (D), (E), or (F); (a) (2)(A), (B), or (C), (c), (d) (other than a regulation relating to recordkeeping, or filing of reports), (f), or (g) of section 9 of this Act shall, upon conA-iction. be fined not more than $20,000 or imprisoned for not more than one year, or both. Any person who willfully commits an act which Aiolates any provision of any other regulation issued under this Act shall, upon couAdction, be fined not more than $10,000 or imprisoned for not more than six months, or both. (2) The head of any Federal agency which has issued a lease, license, permit, or other agreement authorizing the use of Federal lands, including grazing of domestic livestock, to any person Avho is convicted of a criminal violation of this Act or any regulation, permit, or certificate issued hereunder may immediately modify, suspend, or revoke each lease, license, permit, or other agreement. The Secretaryshall also suspend for a period of up to one year, or cancel, any Federal hunting or fishing permits or stamps issued to any person who is convicted of a criminal violation of any provision of this Act or any
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