35.06.220 Liquidated Damages Provisions

(a) The Department shall prepare and at least once per year shall review and, as necessary, revise a schedule of Liquidated Damages calculated to closely approximate the cost of providing equitable restitution to the Tribe for the damage which would be caused by each violation of each regulation of this Code. In calculating these Liquidated Damages the Department may consider, in addition to any other factors reasonably deemed relevant:

(1) The cost to the Tribe of producing and/or protecting the resource;

(2) The cost of replacing or restoring the resource;

(3) The costs of enforcement including the general overall costs and costs particularized to individual violations where appropriate;

(4) The loss to the Tribe of license revenue;

(5) Damages for trespass.

(b) The Department shall publish the schedule of Liquidated Damages and cause it to be made available to the public at all permit outlets.