§470ee Prohibited Acts and Criminal Penalties

Summary

You cannot dig up, remove, damage, change, or try to do those things to archaeological resources on public lands or Indian lands unless you have a permit under section 470cc, the permit mentioned in section 470cc(h)(2), or the exemption in section 470cc(g)(1). You also cannot sell, buy, trade, move, receive, or offer those items if they were taken from public or Indian lands in violation of that rule or any other federal rule. Selling, buying, trading, or moving them across state or national borders is also banned 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 1 year, or both. If the items’ value plus repair costs is more than $500, the fine can be up to $20,000 and jail up to 2 years, or both. A second or later conviction can bring a fine up to $100,000 or jail up to 5 years, or both. These rules started on October 31, 1979. People who lawfully owned an archaeological item before that date are not affected by the resale ban in (b)(1). Removing arrowheads that lie on the ground is not subject to the penalties described above.