CITE

    16 USC Sec. 470ee                                           01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1B - ARCHAEOLOGICAL RESOURCES PROTECTION

HEAD

    Sec. 470ee. Prohibited acts and criminal penalties

STATUTE

    (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.

SOURCE

    (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".