---
kind: "section"
citation: "16 U.S.C. § 470aaa–5"
title: "16"
title_heading: "Conservation"
number: "470aaa–5"
heading: "Prohibited acts; criminal penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/470aaa-5"
units:
  - "Chapter 1C — Paleontological Resources Preservation"
---

# §470aaa–5. Prohibited acts; criminal penalties

- (a) **In general—** A [person](/usc/16/450rr–1.md?p=b) may not—
  - (1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any [paleontological resources](/usc/16/470aaa.md?p=4) located on [Federal land](/usc/16/470aaa.md?p=2) unless such activity is conducted in accordance with this chapter;
  - (2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any [paleontological resource](/usc/16/470aaa.md?p=4) if the [person](/usc/16/450rr–1.md?p=b) knew or should have known such resource to have been excavated or removed from [Federal land](/usc/16/470aaa.md?p=2) in [violation](/usc/16/620e.md?p=11) of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this chapter; or
  - (3) sell or purchase or offer to sell or purchase any [paleontological resource](/usc/16/470aaa.md?p=4) if the [person](/usc/16/450rr–1.md?p=b) knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from [Federal land](/usc/16/470aaa.md?p=2).
- (b) **False labeling offenses—** A [person](/usc/16/450rr–1.md?p=b) may not make or submit any false record, account, or label for, or any false identification of, any [paleontological resource](/usc/16/470aaa.md?p=4) excavated or removed from [Federal land](/usc/16/470aaa.md?p=2).
- (c) **Penalties—** A [person](/usc/16/450rr–1.md?p=b) who knowingly violates or counsels, procures, solicits, or employs another [person](/usc/16/450rr–1.md?p=b) to violate subsection [(a)](#a) or [(b)](#b) shall, upon conviction, be fined in accordance with [title 18](/usc/18.md) or imprisoned not more than 5 years, or both; but if the sum of the commercial and paleontological value of the [paleontological resources](/usc/16/470aaa.md?p=4) involved and the cost of restoration and repair of such resources does not exceed $500, such [person](/usc/16/450rr–1.md?p=b) shall be fined in accordance with [title 18](/usc/18.md) or imprisoned not more than 2 years, or both.
- (d) **Multiple offenses—** In the case of a second or subsequent [violation](/usc/16/620e.md?p=11) by the same [person](/usc/16/450rr–1.md?p=b), the amount of the penalty assessed under [subsection (c)](#c) may be doubled.
- (e) **General exception—** Nothing in [subsection (a)](#a) shall apply to any [person](/usc/16/450rr–1.md?p=b) with respect to any [paleontological resource](/usc/16/470aaa.md?p=4) which was in the lawful possession of such [person](/usc/16/450rr–1.md?p=b) prior to March 30, 2009.

## Source credit

(Pub. L. 111–11, title VI, § 6306, Mar. 30, 2009, 123 Stat. 1174.)