§470ee Prohibited Acts and Criminal Penalties

Summary

It makes it illegal to dig up, take, damage, change, or deface archaeological objects found on public lands or Indian lands unless you have the required federal permit or a specific exemption. It also bans selling, buying, trading, moving, receiving, or offering those objects if they were taken in violation of federal law, and it bans interstate or foreign trade in objects taken in violation of state or local law. If someone knowingly breaks these rules or helps others break them, they can be fined up to $10,000 or jailed up to one year, or both. If the items’ value plus repair costs is more than $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 up to five years in prison, or both. These rules took effect on October 31, 1979. If you lawfully owned an object before that date, the federal trafficking ban does not apply to you. Penalties do not apply to removing arrowheads that are lying on the ground surface.