§ 470ee. Prohibited acts and criminal penalties

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1979

   Archaeological Resources Protection Act of 1979

   Pub. L. 96–95 § 6 · 93 Stat. 721

   Enacted · 16 U.S.C. § 470ee

   Pub. L. 96–95, § 6, Oct. 31, 1979, 93 Stat. 724

   Source evidence

   Code source credit
   Pub. L. 96–95, § 6, Oct. 31, 1979, 93 Stat. 724

   Enacted provision · exact public law section
   Sec. 6. prohibited acts and criminal penalties (a) No person may 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 4, a permit referred to in section 4(h)(2), or the exemption contained in section 4(g)(1). (b) 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) 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) 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 $5,000, such person shall be fined not more than $20,000 or impris-oned 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) The prohibitions contained in this section shall take effect on the date of the enactment of this Act. (f) 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 the date of the enactment of this Act. (g) 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.

2. 1988

   Pub. L. 100–588 § 1(b) · 102 Stat. 2983

   Inserted · 16 U.S.C. § 470ee(a)

   Pub. L. 100–588, § 1(b), inserted “, or attempt to excavate, remove, damage, or otherwise alter or deface” after “deface”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–588, § 1(b), inserted “, or attempt to excavate, remove, damage, or otherwise alter or deface” after “deface”.

   Enacted provision · exact public law section
   (b) Section 6(a) of such Act is amended by inserting after “deface” 16 USC 470ee. the following: “, or attempt to excavate, remove, damage, or otherwise alter or deface”.

3. 1988

   Pub. L. 100–588 § 1(c) · 102 Stat. 2983

   Substituted · 16 U.S.C. § 470ee(d)

   Pub. L. 100–588, § 1(c), substituted “$500” for “$5,000”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–588, § 1(c), substituted “$500” for “$5,000”.

   Enacted provision · exact public law section
   (c) Section 6(d) of such Act is amended by striking “$5,000” and inserting in lieu thereof “$500”.

3 of 3 references resolved to an enrolled provision