§ 470ee. — Prohibited acts and criminal penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC470ee]
TITLE 16--CONSERVATION
CHAPTER 1B--ARCHAEOLOGICAL RESOURCES PROTECTION
Sec. 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) of this section,
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, Sec. 6, Oct. 31, 1979, 93 Stat. 724; Pub. L. 100-588,
Sec. 1(b), (c), Nov. 3, 1988, 102 Stat. 2983.)
Amendments
1988--Subsec. (a). Pub. L. 100-588, Sec. 1(b), inserted ``, or
attempt to excavate, remove, damage, or otherwise alter or deface''
after ``deface''.
Subsec. (d). Pub. L. 100-588, Sec. 1(c), substituted ``$500'' for
``$5,000''.
Section Referred to in Other Sections
This section is referred to in sections 470cc, 470gg of this title.
