16 U.S.C. § 470ee — Prohibited acts and criminal penalties
submitted 47 years ago by Pub. L. 96-95 to r/title-16-CONSERVATION · 449 words · no verdicts yet
It's illegal to dig up, damage, sell, or transport archaeological resources taken from public or Indian lands without a proper permit. Violators face up to $10,000 and a year in prison, more if the value exceeds $500, and up to $100,000 and five years for repeat offenses.
(a) Unauthorized digging. No one may excavate, remove, damage, deface, or attempt any of these to an archaeological resource* on public or Indian lands*, unless it's done under a permit issued under section 470cc, a permit described in section 470cc(h)(2), or the tribal exemption in section 470cc(g)(1).
(b) Trafficking in resources wrongfully taken under federal law. No one may sell, buy, exchange, transport, receive, or offer to sell, buy, or exchange a resource that was excavated or removed from public or Indian lands in violation of subsection (a), or any other federal law, rule, regulation, ordinance, or permit.
(c) Interstate or foreign trafficking in resources wrongfully taken under state* or local law. No one may sell, buy, exchange, transport, receive, or offer to do so, in interstate or foreign commerce, involving a resource taken or handled in violation of any state or local law, rule, regulation, ordinance, or permit.
(d) Penalties. Anyone who knowingly violates (or gets someone else to violate) subsection (a), (b), or (c) faces a fine up to $10,000 or up to a year in prison, or both. If the resource's commercial or archaeological value plus the cost of restoring and repairing it is over $500, the fine goes up to $20,000 and prison up to two years. A second or later violation carries a fine up to $100,000 and up to five years in prison.
(e) Effective date. The prohibitions in this section started on October 31, 1979.
(f) Prospective application. Subsection (b)(1) doesn't apply to anyone who lawfully possessed the resource before October 31, 1979.
(g) Surface arrowheads. Subsection (d) doesn't apply to someone who removes arrowheads found on the surface of the ground.
No person* may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource* located on public lands* or Indian lands* unless such activity is pursuant to a permit issued under section 470cc of this title, a permit referred to in section 470cc(h)(2) of this title, or the exemption contained in section 470cc(g)(1) of this title.
No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from public lands or Indian lands in violation of—
the prohibition contained in subsection (a), or
any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.
No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State or local law.
Any person who knowingly violates, or counsels, procures, solicits, or employs any other person to violate, any prohibition contained in subsection (a), (b), or (c) of this section shall, upon conviction, be fined not more than $10,000 or imprisoned not more than one year, or both: Provided, however, That if the commercial or archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of $500, such person shall be fined not more than $20,000 or imprisoned not more than two years, or both. In the case of a second or subsequent such violation upon conviction such person shall be fined not more than $100,000, or imprisoned not more than five years, or both.
The prohibitions contained in this section shall take effect on October 31, 1979.
Nothing in subsection (b)(1) of this section shall be deemed applicable to any person with respect to an archaeological resource which was in the lawful possession of such person prior to October 31, 1979.
Nothing in subsection (d) of this section shall be deemed applicable to any person with respect to the removal of arrowheads located on the surface of the ground.
Source credit: (Pub. L. 96–95, § 6, Oct. 31, 1979, 93 Stat. 724; Pub. L. 100–588, § 1(b), (c), Nov. 3, 1988, 102 Stat. 2983.)
- 1979Enacted · Pub. L. 96-95 · 93 Stat. 724
- 1988Amended · Pub. L. 100-588 · 102 Stat. 2983
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-95 on 1979-10-31.
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