---
kind: "section"
citation: "16 U.S.C. § 4306"
title: "16"
title_heading: "Conservation"
number: "4306"
heading: "Prohibited acts and criminal penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4306"
units:
  - "Chapter 63 — Federal Cave Resources Protection"
---

# §4306. Prohibited acts and criminal penalties

- (a) **Prohibited acts—**
  - (1) Any [person](/usc/16/450rr–1.md?p=b) who, without prior authorization from the [Secretary](/usc/16/4302.md?p=6) knowingly destroys, disturbs, defaces, mars, alters, removes or harms any significant [cave](/usc/16/4302.md?p=1) or alters the free movement of any animal or plant life into or out of any significant [cave](/usc/16/4302.md?p=1) located on [Federal lands](/usc/16/4302.md?p=2), or enters a significant [cave](/usc/16/4302.md?p=1) with the intention of committing any act described in this paragraph shall be punished in accordance with [subsection (b)](#b).
  - (2) Any [person](/usc/16/450rr–1.md?p=b) who possesses, consumes, sells, barters or exchanges, or offers for sale, barter or exchange, any [cave resource](/usc/16/4302.md?p=5) from a significant [cave](/usc/16/4302.md?p=1) with knowledge or reason to know that such resource was removed from a significant [cave](/usc/16/4302.md?p=1) located on [Federal lands](/usc/16/4302.md?p=2) shall be punished in accordance with [subsection (b)](#b).
  - (3) Any [person](/usc/16/450rr–1.md?p=b) who counsels, procures, solicits, or employs any other [person](/usc/16/450rr–1.md?p=b) to violate any provisions of this subsection shall be punished in accordance with section[^1] (b).
  - (4) Nothing in this section shall be deemed applicable to any [person](/usc/16/450rr–1.md?p=b) who was in lawful possession of a [cave resource](/usc/16/4302.md?p=5) from a significant [cave](/usc/16/4302.md?p=1) prior to November 18, 1988.
- (b) **Punishment—** The punishment for violating any provision of [subsection (a)](#a) shall be imprisonment of not more than one year or a fine in accordance with the applicable provisions of [title 18](/usc/18.md), or both. In the case of a second or subsequent [violation](/usc/16/620e.md?p=11), the punishment shall be imprisonment of not more than 3 years or a fine in accordance with the applicable provisions of [title 18](/usc/18.md), or both.

## Footnotes

[^1]: So in original. Probably should be “subsection”.

## Source credit

(Pub. L. 100–691, § 7, Nov. 18, 1988, 102 Stat. 4549.)