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16 U.S.C. § 470gg — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ee&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ee&num=0&edition=prelim),
(2) assessment of a civil penalty against such person under [section 470ff of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ff&num=0&edition=prelim) with respect to such violation, or
(3) a determination by any court that such archaeological
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Stable record: federal_law:legal_authorities:record_usc_2a8729c04e04bb62be155449
Source file: Laws/federal/codes/united-states-code/title-16/section-470gg-enforcement--63a2e111e2.md
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Source location: Title 16, Chapter 1B, § 470gg; chapter-1b-archaeological-resources-protection.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ee&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ee&num=0&edition=prelim),
(2) assessment of a civil penalty against such person under [section 470ff of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ff&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ee&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470ff&num=0&edition=prelim) and for the transfer to such Indian or Indian tribe of all items forfeited under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470cc&num=0&edition=prelim), a permit referred to in [section 470cc(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470cc/h/2&num=0&edition=prelim), or the exemption contained in [section 470cc(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470cc/g/1&num=0&edition=prelim).
**(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 viola
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470ee
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessment by Federal land manager**
(1) Any person who violates any prohibition contained in an applicable regulation or permit issued under this chapter may be assessed a civil penalty by the Federal land manager concerned. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Federal land manager concerned.
(2) The amount of such penalty shall be determined under regulations promulgated pursuant to this chapter, taking into account, in addition to other factors—
(A) the archaeological or commercial value of the archaeological resource involved, and
(B) the cost of restoration and repair of the resource and the archaeological site involved.
Such regulations shall provide that, in the case of a second or subsequent violation by any person, the amount of such civil penalty may be double the amount which would have been assessed if such violation were the first violation by such person. The amount of any penalty assessed under this subsection for any violation shall not exceed an amount equal to double the cost of restoration and repair of resources and archaeological sites damaged and double the fair market value of resources destroyed or not recovered.
(3) No penalty shall be assessed under this section for the removal of arrowheads located on the surface of the ground.
**(b) Judicial review of assessed penalties; collection of unpaid assessments**
(1) Any person aggrieved by an order assessing a civil penalty under subsection (a) may file a petition for judicial review of such order with the United States District Court for the District of Columbia or for an
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470ff
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Federal law — U.S. Code and appendices · legal_authorities
Page 905
TITLE 16—CONSERVATION
§ 470gg
Subsec. (d). Pub. L. 100–588, § 1(c), substituted ‘‘$500’’
for ‘‘$5,000’’.
§ 470ff. Civil penalties
(a) Assessment by Federal land manager
(1) Any person who violates any prohibition
contained in an applicable regulation or permit
issued under this chapter may be assessed a civil
penalty by the Federal land manager concerned.
No penalty may be assessed under this sub-
section unless such person is given notice and
opportunity for a hearing with respect to such
violation. Each violation shall be a separate of-
fense. Any such civil penalty may be remitted or
mitigated by the Federal land manager con-
cerned.
(2) The amount of such penalty shall be deter-
mined under regulations promulgated pursuant
to this chapter, taking into account, in addition
to other factors—
(A) the archaeological or commercial value
of the archaeological resource involved, and
(B) the cost of restoration and repair of the
resource and the archaeological site involved.
Such regulations shall provide that, in the case
of a second or subsequent violation by any per-
son, the amount of such civil penalty may be
double the amount which would have been as-
sessed if such violation were the first violation
by such person. The amount of any penalty as-
sessed under this subsection for any violation
shall not exceed an amount equal to double the
cost of restoration and repair of resources and
archaeological sites damaged and double the fair
market value of resources destroyed or not re-
covered.
(3) No penalty shall be assessed under this sec-
tion for the removal of arrowheads located on
the surface of the ground.
(b) Judicial review of assessed penalties; collec-
tion of unpaid assessments
(1) Any person aggrieved by an order assessing
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 470gg
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