Sec. 151. Miscellaneous powers
608 words·~3 min read·
/bill/113/hr/2467/ih/section-151A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In carrying out his or her duties under this title, the Secretary, or for National Forest System lands the Secretary of Agriculture, may conduct any investigation, inspection, or other inquiry necessary and appropriate and may conduct, after notice, any hearing or audit, necessary and appropriate to carrying out his or her duties. In connection with any hearing, inquiry, investigation, or audit under this title, the Secretary, or for National Forest System lands the Secretary of Agriculture, is authorized to take any of the following actions:
Require, by special or general order, any person to submit in writing such affidavits and answers to questions as the Secretary concerned may reasonably prescribe, which submission shall be made within such reasonable period and under oath or otherwise, as may be necessary. Administer oaths. Require by subpoena the attendance and testimony of witnesses and the production of all books, papers, records, documents, matter, and materials, as such Secretary may request. Order testimony to be taken by deposition before any person who is designated by such Secretary and who has the power to administer oaths, and to compel testimony and the production of evidence in the same manner as authorized under paragraph
(3)of this subsection. Pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. In cases of refusal to obey a subpoena served upon any person under this section, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General at the request of the Secretary concerned and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and produce documents before the Secretary concerned. Any failure to obey such order of the court may be punished by such court as contempt thereof and subject to a penalty of up to $10,000 a day. Without advance notice and upon presentation of appropriate credentials, the Secretary, or for National Forest System lands the Secretary of Agriculture, or any authorized representative thereof— shall have the right of entry to, upon, or through the site of any claim, mineral activities, or any premises in which any records required to be maintained under this title are located; may at reasonable times, and without delay, have access to records, inspect any monitoring equipment, or review any method of operation required under this title; may engage in any work and do all things necessary or expedient to implement and administer the provisions of this title; may, on any mining claim located under the general mining laws and maintained in compliance with this title, and without advance notice, stop, and inspect any motorized form of transportation that such Secretary has probable cause to believe is carrying locatable minerals, concentrates, or products derived therefrom from a claim site for the purpose of determining whether the operator of such vehicle has documentation related to such locatable minerals, concentrates, or products derived therefrom as required by law, if such documentation is required under this title; and may, if accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, stop and inspect any motorized form of transportation which is not on a claim site if he or she has probable cause to believe such vehicle is carrying locatable minerals, concentrates, or products derived therefrom from a claim site on Federal lands or allocated to such claim site. Such inspection shall be for the purpose of determining whether the operator of such vehicle has the documentation required by law, if such documentation is required under this title.