§ 470gg. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC470gg]
TITLE 16--CONSERVATION
CHAPTER 1B--ARCHAEOLOGICAL RESOURCES PROTECTION
Sec. 470gg. Enforcement
(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.
(Pub. L. 96-95, Sec. 8, Oct. 31, 1979, 93 Stat. 726.)
