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16 U.S.C. § 470ggEnforcement

submitted 47 years ago by Pub. L. 96-95 to r/title-16-CONSERVATION · 358 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Treasury pays rewards, up to $500, from collected fines to people who help find or convict violators of archaeological-resource rules — but not to government employees doing their job. Resources and equipment used in violations can be forfeited, and Indian tribes get penalties and forfeited items from violations on their land.

(a) Rewards. Once the Federal land manager certifies it, the Secretary of the Treasury must pay, from fines collected under sections 470ee and 470ff, half the fine amount — up to $500 — to anyone who provided information that led to a civil violation being found or a criminal conviction. If several people gave information, the reward is split among them. A federal, state, or local government employee cannot get this reward for information or services given while doing their official job. (b) Forfeitures. Archaeological resources connected to a violation of section 470ee(a), (b), or (c) that are still in someone's possession, and any vehicles or equipment used in the violation, may be forfeited to the United States — at the discretion of the court or administrative law judge — if the person is convicted, is fined civilly, or a court finds the resources, vehicles, or equipment were involved in the violation. (c) Payments involving Indian lands. If a violation of section 470ee(a), (b), or (c) involved resources taken from Indian lands, the Federal land manager or court must arrange for the Indian or tribe involved to receive the fines collected under section 470ff, and any items forfeited under this section.
the actual law source: uscode.house.gov ↗public domain
(a) Rewards

Upon the certification of the Federal land manager concerned, the Secretary of the Treasury is directed to pay from penalties and fines collected under sections 470ee and 470ff of this title an amount equal to one-half of such penalty or fine, but not to exceed $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which such penalty or fine was paid. If several persons provided such information, such amount shall be divided among such persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection.

(b) Forfeitures

All archaeological resources with respect to which a violation of subsection (a), (b), or (c) of section 470ee of this title occurred and which are in the possession of any person, and all vehicles and equipment of any person which were used in connection with such violation, may be (in the discretion of the court or administrative law judge, as the case may be) subject to forfeiture to the United States upon—

(1)

such person’s conviction of such violation under section 470ee of this title,

(2)

assessment of a civil penalty against such person under section 470ff of this title with respect to such violation, or

(3)

a determination by any court that such archaeological resources, vehicles, or equipment were involved in such violation.

(c) Disposition of penalties collected and items forfeited in cases involving archaeological resources excavated or removed from Indian lands

In cases in which a violation of the prohibition contained in subsection (a), (b), or (c) of section 470ee of this title involve archaeological resources excavated or removed from Indian lands, the Federal land manager or the court, as the case may be, shall provide for the payment to the Indian or Indian tribe involved of all penalties collected pursuant to section 470ff of this title and for the transfer to such Indian or Indian tribe of all items forfeited under this section.

Source credit: (Pub. L. 96–95, § 8, Oct. 31, 1979, 93 Stat. 726.)

history & why it existsrecord from the source credit
  • 1979Enacted · Pub. L. 96-95 · 93 Stat. 726

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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