59.05.080 Penalties

(a) CRIMINAL PENALTIES: Any person, over whom the Tribe may assert criminal jurisdiction, who knowingly violates or counsels, solicits, or employs any other person to violate any section of this Act, or any condition of limitation of a permit issued under this Act, shall be guilty of a criminal offense. Each criminal offense shall be punishable by restitution, community service, a fine not to exceed $10,000, imprisonment in the tribal jail for not more than one year, or any combination of these penalties. Criminal offenders may also be subject to civil penalties and damages set forth in this Act.

(b) CIVIL PENALTIES:

(1) Any person who violates any section of this Act, or any permit issued under this Act, shall be assessed a civil penalty not to exceed $10,000 per violation, or if applicable, any civil penalty provided for under Federal laws or the laws of the Tribe.

(2) No civil penalty shall be assessed unless such person is given notice and an opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. The trial of any such violation shall be by the Tribal Court and the prosecution shall have the burden of proving the alleged violation occurred beyond a reasonable doubt.

(3) Any person who violates this Act, or any permit issued under this Act, may lose the privilege of doing business or conducting research on the Reservation.

(4) Any nonmember of the Tribe who violates this Act or any permit issued under this Act may be excluded from the Reservation.

(c) CIVIL DAMAGES: Assessment of Actual Damages: Any person who violates any section of this title any permit issue under this Act shall be liable to the Tribe for civil damages to be assessed by the Tribal Court after a hearing. "Civil Damages" shall be interpreted liberally by the Court to include, but not be limited to, the following:

(1) Cost of restoration and repair; and

(2) Enforcement costs associated with the enforcement of this Act; and

(3) Costs associated with the culturally appropriate disposition of resources, including conservation, curation, and/or reburial.

(4) Assessment of Treble Damages: In addition to actual damages, the Court, in its discretion, may assess damages of up to three times the amount of actual damages.

(d) FORFEITURE--All objects or property in the possession of any person, and obtained in violation of this Act or in violation of a term or condition of a permit obtained thereunder, shall be seized by law enforcement agents and forfeited to the Tribe for disposition. A person may recover all such property incapacitated by paying to the Tribe the costs incurred by the Tribe in carrying out legal proceedings, and by paying all fines due for violations of Tribal law.

(e) SEIZURE OF SECURITY--The citing law enforcement agent shall:

(1) Seize such property in the possession of the alleged perpetrator, including vehicles, or equipment involved in the violation, as the enforcement program or agent deems reasonably necessary to secure payment of any fine or civil damages which may be levied upon the defendant upon conviction of the infraction or crime, or to fulfill a civil judgment.

(2) The property seized shall be released to the owner upon timely payment of any related civil assessments.

(3) Any seized property shall be forfeited to the Tribe if the assessment has not been paid within fifteen (15) days of the hearing at which the civil assessment was levied or fifteen (15) days from the final determination of any appeal taken pursuant to this Act, whichever is later.