Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources
section 470cc of this titlesection 470cc(h)(2) of this titlesection 470cc(g)(1) of this titleNo 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 , a permit referred to in , or the exemption contained in .
Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law
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.
Penalties
Provided, howeverAny 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: , 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.
Effective date
The prohibitions contained in this section shall take effect on .
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 .
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, § 693 Stat. 724 Pub. L. 100–588, § 1(b)102 Stat. 2983 (, , ; , (c), , .)
Editorial Notes
Amendments
Pub. L. 100–588, § 1(b)1988—Subsec. (a). , inserted “, or attempt to excavate, remove, damage, or otherwise alter or deface” after “deface”.
Pub. L. 100–588, § 1(c)Subsec. (d). , substituted “$500” for “$5,000”.