16 U.S.C. § 470ee — Prohibited acts and criminal penalties

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 Indian lands shall be subject to the consent of the Indian or Indian tribe which owns or has jurisdiction over such lands. Following promulgation of regulations under this section, notwithstanding any other provision of law, such regulations shall govern the disposition of archaeological resources re- moved from public lands and Indian lands pursu- ant to this chapter. (Pub. L. 96–95, § 5, Oct. 31, 1979, 93 Stat. 724; Pub. L. 113–287, § 5(d)(7), Dec. 19, 2014, 128 Stat. 3264.) Editorial Notes AMENDMENTS 2014—Par. (2). Pub. L. 113–287 substituted ‘‘chapter 3125 or chapter 3203 of title 54’’ for ‘‘the Act of June 27, 1960 (16 U.S.C. 469–469c) or the Act of June 8, 1906 (16 U.S.C. 431–433)’’. § 470ee. Prohibited acts and criminal penalties (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 exca- vate, remove, damage, or otherwise alter or de- face any archaeological resource located on pub- lic 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 con- tained in section 470cc(g)(1) of this title. (b) Trafficking in archaeological resources the excavation or removal of which was wrong- ful under Federal law No person may sell, purchase, exchange, trans- port, receive, or offer to sell, purchase, or ex- change any archaeological resource if such re- source 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, ordi- nance, or permit in effect under any other pro- vision of Federal law. (c) Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transpor- tation or receipt of which was wrongful under State or local law No person may sell, purchase, exchange, trans- port, receive, or offer to sell, purchase, or ex- change, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or re- ceived in violation of any provision, rule, regu- lation, ordinance, or permit in effect under State or local law. (d) Penalties Any person who knowingly violates, or coun- sels, 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 ar- chaeological value of the archaeological re- sources 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 viola- tion 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 sur- face of the ground. (Pub. L. 96–95, § 6, Oct. 31, 1979, 93 Stat. 724; Pub. L. 100–588, § 1(b), (c), Nov. 3, 1988, 102 Stat. 2983.) Editorial Notes AMENDMENTS 1988—Subsec. (a). Pub. L. 100–588, § 1(b), inserted ‘‘, or attempt to excavate, remove, damage, or otherwise alter or deface’’ after ‘‘deface’’. 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 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 any other district in which such a person resides or transacts business. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued. The court shall hear such action on the record made before the Federal land manager and shall sustain his ac- tion if it is supported by substantial evidence on the record considered as a whole. (2) If any person fails to pay an assessment of a civil penalty— (A) after the order making the assessment has become a final order and such person has not filed a petition for judicial review of the order in accordance with paragraph (1), or (B) after a court in an action brought under paragraph (1) has entered a final judgment up- holding the assessment of a civil penalty, the Federal land managers may request the At- torney General to institute a civil action in a district court of the United States for any dis- trict in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In such action, the va- lidity and amount of such penalty shall not be subject to review. (c) Hearings Hearings held during proceedings for the as- sessment of civil penalties authorized by sub- section (a) shall be conducted in accordance with section 554 of title 5. The Federal land manager may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person pursuant to this para- graph, the district court of the United States for any district in which such person is found or re- sides or transacts business, upon application by the United States and after notice to such per- son, shall have jurisdiction to issue an order re- quiring such person to appear and give testi- mony before the Federal land manager or to ap- pear and produce documents before the Federal land manager, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (Pub. L. 96–95, § 7, Oct. 31, 1979, 93 Stat. 725.) § 470gg. Enforcement (a) Rewards Upon the certification of the Federal land manager concerned, the Secretary of the Treas- ury 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 pen- alty or fine, but not to exceed $500, to any per- son 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 pro- vided such information, such amount shall be di- vided among such persons. No officer or em- ployee 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 re- spect to such violation, or (3) a determination by any court that such archaeological resources, vehicles, or equip- ment were involved in such violation.