
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC823b]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
 
SUBCHAPTER I--REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
 
Sec. 823b. Enforcement


(a) Monitoring and investigation

    The Commission shall monitor and investigate compliance with each 
license and permit issued under this subchapter and with each exemption 
granted from any requirement of this subchapter. The Commission shall 
conduct such investigations as may be necessary and proper in accordance 
with this chapter. After notice and opportunity for public hearing, the 
Commission may issue such orders as necessary to require compliance with 
the terms and conditions of licenses and permits issued under this 
subchapter and with the terms and conditions of exemptions granted from 
any requirement of this subchapter.

(b) Revocation orders

    After notice and opportunity for an evidentiary hearing, the 
Commission may also issue an order revoking any license issued under 
this subchapter or any exemption granted from any requirement of this 
subchapter where any licensee or exemptee is found by the Commission:
        (1) to have knowingly violated a final order issued under 
    subsection (a) of this section after completion of judicial review 
    (or the opportunity for judicial review); and
        (2) to have been given reasonable time to comply fully with such 
    order prior to commencing any revocation proceeding.

In any such proceeding, the order issued under subsection (a) of this 
section shall be subject to de novo review by the Commission. No order 
shall be issued under this subsection until after the Commission has 
taken into consideration the nature and seriousness of the violation and 
the efforts of the licensee to remedy the violation.

(c) Civil penalty

    Any licensee, permittee, or exemptee who violates or fails or 
refuses to comply with any rule or regulation under this subchapter, any 
term, or condition of a license, permit, or exemption under this 
subchapter, or any order issued under subsection (a) of this section 
shall be subject to a civil penalty in an amount not to exceed $10,000 
for each day that such violation or failure or refusal continues. Such 
penalty shall be assessed by the Commission after notice and opportunity 
for public hearing. In determining the amount of a proposed penalty, the 
Commission shall take into consideration the nature and seriousness of 
the violation, failure, or refusal and the efforts of the licensee to 
remedy the violation, failure, or refusal in a timely manner. No civil 
penalty shall be assessed where revocation is ordered.

(d) Assessment

    (1) Before issuing an order assessing a civil penalty against any 
person under this section, the Commission shall provide to such person 
notice of the proposed penalty. Such notice shall, except in the case of 
a violation of a final order issued under subsection (a) of this 
section, inform such person of his opportunity to elect in writing 
within 30 days after the date of receipt of such notice to have the 
procedures of paragraph (3) (in lieu of those of paragraph (2)) apply 
with respect to such assessment.
    (2)(A) In the case of the violation of a final order issued under 
subsection (a) of this section, or unless an election is made within 30 
calendar days after receipt of notice under paragraph (1) to have 
paragraph (3) apply with respect to such penalty, the Commission shall 
assess the penalty, by order, after a determination of violation has 
been made on the record after an opportunity for an agency hearing 
pursuant to section 554 of title 5 before an administrative law judge 
appointed under section 3105 of such title 5. Such assessment order 
shall include the administrative law judge's findings and the basis for 
such assessment.
    (B) Any person against whom a penalty is assessed under this 
paragraph may, within 60 calendar days after the date of the order of 
the Commission assessing such penalty, institute an action in the United 
States court of appeals for the appropriate judicial circuit for 
judicial review of such order in accordance with chapter 7 of title 5. 
The court shall have jurisdiction to enter a judgment affirming, 
modifying, or setting aside in whole or in Part,\1\ the order of the 
Commission, or the court may remand the proceeding to the Commission for 
such further action as the court may direct.
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    \1\ So in original. Probably should not be capitalized.
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    (3)(A) In the case of any civil penalty with respect to which the 
procedures of this paragraph have been elected, the Commission shall 
promptly assess such penalty, by order, after the date of the receipt of 
the notice under paragraph (1) of the proposed penalty.
    (B) If the civil penalty has not been paid within 60 calendar days 
after the assessment order has been made under subparagraph (A), the 
Commission shall institute an action in the appropriate district court 
of the United States for an order affirming the assessment of the civil 
penalty. The court shall have authority to review de novo the law and 
the facts involved, and shall have jurisdiction to enter a judgment 
enforcing, modifying, and enforcing as so modified, or setting aside in 
whole or in Part,\1\ such assessment.
    (C) Any election to have this paragraph apply may not be revoked 
except with the consent of the Commission.
    (4) The Commission may compromise, modify, or remit, with or without 
conditions, any civil penalty which may be imposed under this 
subsection, taking into consideration the nature and seriousness of the 
violation and the efforts of the licensee to remedy the violation in a 
timely manner at any time prior to a final decision by the court of 
appeals under paragraph (2) or by the district court under paragraph 
(3).
    (5) If any person fails to pay an assessment of a civil penalty 
after it has become a final and unappealable order under paragraph (2), 
or after the appropriate district court has entered final judgment in 
favor of the Commission under paragraph (3), the Commission shall 
institute an action to recover the amount of such penalty in any 
appropriate district court of the United States. In such action, the 
validity and appropriateness of such final assessment order or judgment 
shall not be subject to review.
    (6)(A) Notwithstanding the provisions of title 28 or of this 
chapter, the Commission may be represented by the general counsel of the 
Commission (or any attorney or attorneys within the Commission 
designated by the Chairman) who shall supervise, conduct, and argue any 
civil litigation to which paragraph (3) of this subsection applies 
(including any related collection action under paragraph (5)) in a court 
of the United States or in any other court, except the Supreme Court. 
However, the Commission or the general counsel shall consult with the 
Attorney General concerning such litigation, and the Attorney General 
shall provide, on request, such assistance in the conduct of such 
litigation as may be appropriate.
    (B) The Commission shall be represented by the Attorney General, or 
the Solicitor General, as appropriate, in actions under this subsection, 
except to the extent provided in subparagraph (A) of this paragraph.

(June 10, 1920, ch. 285, pt. I, Sec. 31, as added Pub. L. 99-495, 
Sec. 12, Oct. 16, 1986, 100 Stat. 1255.)


                             Effective Date

    Section applicable to licenses, permits, and exemptions without 
regard to when issued, see section 18 of Pub. L. 99-495, set out as an 
Effective Date of 1986 Amendment note under section 797 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 825o-1 of this title.
