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16 U.S.C. § 470ee — Prohibited acts and criminal penalties
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
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Stable record: federal_law:legal_authorities:record_usc_8775c882832a1d444643a8a3
Source file: Laws/federal/codes/united-states-code/title-16/section-470ee-prohibited-acts-and-criminal-penalties--b0d5cf062d.md
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Source location: Title 16, Chapter 1B, § 470ee; chapter-1b-archaeological-resources-protection.md
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**(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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for permit** Any person may apply to the Federal land manager for a permit to excavate or remove any archaeological resource located on public lands or Indian lands and to carry out activities associated with such excavation or removal. The application shall be required, under uniform regulations under this chapter, to contain such information as the Federal land manager deems necessary, including information concerning the time, scope, and location and specific purpose of the proposed work.
**(b) Determinations by Federal land manager prerequisite to issuance of permit** A permit may be issued pursuant to an application under subsection (a) if the Federal land manager determines, pursuant to uniform regulations under this chapter, that—
(1) the applicant is qualified, to carry out the permitted activity,
(2) the activity is undertaken for the purpose of furthering archaeological knowledge in the public interest,
(3) the archaeological resources which are excavated or removed from public lands will remain the property of the United States, and such resources and copies of associated archaeological records and data will be preserved by a suitable university, museum, or other scientific or educational institution, and
(4) the activity pursuant to such permit is not inconsistent with any management plan applicable to the public lands concerned.
**(c) Notification to Indian tribes of possible harm to or destruction of sites having religious or cultural importance** If a permit issued under this section may result in harm to, or destruction of, any religious or cultural site, as determined by the Federal land manager, before issuing such permit, the Federal land manager shall notify any Indian tribe which may consider the site as having religious or c
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470cc
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 470gg
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Archaeological resource** — The term “archaeological resource” means an archaeological resource (as defined in [section 470bb of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470bb&num=0&edition=prelim)) that is Native American.
(2) **Cultural affiliation** — The term “cultural affiliation” means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group.
(3) **Cultural item** — The term “cultural item” means any 1 or more cultural items (as defined in section 2 of the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim))).
(4) **Indian Tribe** — The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 2 of the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim)).
(5) **Item Prohibited from Exportation** — The term “Item Prohibited from Exportation” means—
(A) a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by—
(i) [section 1170(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1170/b&num=0&edition=prelim), as added by the Native American Graves Protection and Repatriation Act ([25 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section3001&num=0&edition=prelim) et seq.); or
(ii) any other Federal law or treaty;
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3072
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Export prohibitions**
(1) **In general** — It shall be unlawful for any person—
(A) to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation;
(B) to conspire with any person to engage in an activity described in subparagraph (A); or
(C) to conceal an activity described in subparagraph (A).
(2) **Penalties** — Any person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with [section 3571 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3571&num=0&edition=prelim), imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both.
(3) **Detention, forfeiture, and repatriation**
(A) *Detention and delivery* — The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall—
(i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and
(ii) deliver the Item Prohibited from Exportation to the Secretary.
(B) *Forfeiture* — Any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18 (including section 983(c) of that chapter).
(C) *Repatriation* — Any Item Prohibited from Exportation that is forfeited u
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3073
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Federal law — U.S. Code and appendices · legal_authorities
Page 904
TITLE 16—CONSERVATION
§ 470dd
Antiquities Act of 1906, which was classified generally
to sections 431, 432, and 433 of this title. The Act was re-
pealed and restated as section 1866(b) of Title 18, Crimes
and Criminal Procedure, and sections 320301(a) to (c),
320302, and 320303 of Title 54, National Park Service and
Related Programs, by Pub. L. 113–287, §§ 3, 4(a)(1), 7,
Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete
classification of this Act to the Code, see Tables. For
disposition of former sections of this title, see Disposi-
tion Table preceding section 100101 of Title 54.
Following the enactment of this chapter, referred to
in subsec. (h)(2), means following the enactment of
Pub. L. 96–95, approved Oct. 31, 1979.
AMENDMENTS
2014—Subsec. (h)(1). Pub. L. 113–287, § 5(d)(6)(A)(i), sub-
stituted ‘‘chapter 3203 of title 54’’ for ‘‘the Act of June
8, 1906 (16 U.S.C. 431–433),’’.
Subsec. (h)(2). Pub. L. 113–287, § 5(d)(6)(A)(ii), sub-
stituted ‘‘chapter 3203 of title 54’’ for ‘‘the Act of June
8, 1906,’’ in two places.
Subsec. (i). Pub. L. 113–287, § 5(d)(6)(B), substituted
‘‘section 306108 of title 54’’ for ‘‘section 470f of this
title’’.
§ 470dd. Custody of archaeological resources
The Secretary of the Interior may promulgate
regulations providing for—
(1) the exchange, where appropriate, between
suitable universities, museums, or other sci-
entific or educational institutions, of archae-
ological resources removed from public lands
and Indian lands pursuant to this chapter, and
(2) the ultimate disposition of such resources
and other resources removed pursuant to chap-
ter 3125 or chapter 3203 of title 54.
Any exchange or ultimate disposition under
such regulation of archaeological resources ex-
cavated or removed from Ind
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 470ee
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