Us Code § 470ee - Prohibited acts and criminal penalties
Full text of Us Code United States Code § 470ee — Prohibited acts and criminal penalties, with citation guidance and answers to common questions.
§ 470ee. Prohibited acts and criminal penalties
(a) Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources
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.
(b) Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law
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—
(1) the prohibition contained in subsection (a), or
(2) any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.
(c) Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation or receipt of which was wrongful under State or local 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.
(d) Penalties
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.
(e) Effective date
The prohibitions contained in this section shall take effect on October 31, 1979.
(f) Prospective application
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.
(g) Removal of arrowheads located on ground surface
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.
(Pub. L. 96–95, §6, Oct. 31, 1979, 93 Stat. 724; Pub. L. 100–588, §1(b), (c), Nov. 3, 1988, 102 Stat. 2983.)
Editorial Notes
Amendments
1988—Subsec. (a). Pub. L. 100–588, §1(b), inserted ", or attempt to excavate, remove, damage, or otherwise alter or deface" after "deface".
Subsec. (d). Pub. L. 100–588, §1(c), substituted "$500" for "$5,000".
About This Section
16 U.S.C. § 470ee is part of Title 16 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 16 U.S.C. § 470ee. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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