Sec. 512. Miscellaneous powers
590 words·~3 min read·
/bill/119/hr/1865/ih/section-512A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary concerned, in carrying out the duties of the Secretary concerned under this Act, may conduct any investigation, inspection, or other inquiry and may conduct, after notice, any hearing or audit, that is necessary and appropriate to carry out such duties. In connection with any hearing, inquiry, investigation, or audit under this Act, the Secretary concerned may carry out 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 the Secretary concerned may request. Order testimony to be taken by deposition before any person that is designated by the Secretary concerned and that has the power to administer oaths, and 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 United States district courts 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 an order issued under paragraph
(1)may be punished by the court that issued such order as contempt thereof and the person subject to such order shall be subject to a penalty of not more than $10,000 per day. Without advance notice and upon presentation of appropriate credentials, the Secretary concerned— shall have the right of entry to, upon, and through the site of any claim, license, lease, mineral activities, or any premises in which any records required to be maintained under this Act are located; may, at reasonable times and without delay, have access to records, inspect any monitoring equipment, and review any method of operation required under this Act; may engage in any work and do all things necessary or expedient to implement and administer the provisions of this Act; may, on any mining claim, license, or lease maintained in compliance with this Act, stop and inspect any motorized form of transportation that the Secretary concerned has probable cause to believe is carrying hardrock 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 hardrock minerals, concentrates, or products derived therefrom as required by law, if such documentation is required under this Act; and may, if accompanied by a 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 the Secretary concerned or the appropriate law enforcement officer has probable cause to believe such vehicle is carrying hardrock minerals, concentrates, or products derived therefrom from a claim site, license, or lease on Federal land or allocated to such claim site, license, or lease for the purpose of determining whether the operator of such vehicle has the documentation required by law, if such documentation is required under this Act.