§470ee Prohibited acts and criminal penalties

Summary

You must not dig up, take, damage, or change any archaeological item on public lands or on Indian lands unless you have a required federal permit or qualify for a specific exemption under the law. You also must not sell, buy, trade, move, or try to sell, buy, or trade any archaeological item that was taken from those lands in violation of those digging rules or other federal rules. It is also illegal to move such items across state or national borders if they were taken in violation of state or local law. If someone knowingly breaks these rules or helps another person break them, they can be fined up to $10,000 or jailed up to one year, or both. If the items’ value or repair costs exceed $500 the fine can be up to $20,000 or jail up to two years, or both. A second or later conviction can bring a fine up to $100,000 or jail up to five years, or both. These rules took effect on October 31, 1979. A person who lawfully owned an item before that date is not covered by the sale ban in one part of the law. Removing arrowheads found on the ground’s surface is not subject to the criminal penalties described above.