---
kind: "section"
citation: "16 U.S.C. § 470ee"
title: "16"
title_heading: "Conservation"
number: "470ee"
heading: "Prohibited acts and criminal penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/470ee"
units:
  - "Chapter 1B — Archaeological Resources Protection"
---

# §470ee. Prohibited acts and criminal penalties

- (a) **Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources—** No [person](/usc/16/470bb.md?p=6) may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any [archaeological resource](/usc/16/470bb.md?p=1) located on [public lands](/usc/16/470bb.md?p=3) or [Indian lands](/usc/16/470bb.md?p=4) unless such activity is pursuant to a permit issued under [section 470cc of this title](/usc/16/470cc.md), a permit referred to in [section 470cc(h)(2) of this title](/usc/16/470cc.md?p=h-2), or the exemption contained in [section 470cc(g)(1) of this title](/usc/16/470cc.md?p=g-1).
- (b) **Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law—** No [person](/usc/16/470bb.md?p=6) may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any [archaeological resource](/usc/16/470bb.md?p=1) if such resource was excavated or removed from [public lands](/usc/16/470bb.md?p=3) or [Indian lands](/usc/16/470bb.md?p=4) in [violation](/usc/16/620e.md?p=11) of—
  - (1) the prohibition contained in [subsection (a)](#a), or
  - (2) any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.
- (c) **Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation or receipt of which was wrongful under State or local law—** No [person](/usc/16/470bb.md?p=6) may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any [archaeological resource](/usc/16/470bb.md?p=1) excavated, removed, sold, purchased, exchanged, transported, or received in [violation](/usc/16/620e.md?p=11) of any provision, rule, regulation, ordinance, or permit in effect under [State](/usc/16/470bb.md?p=7) or local law.
- (d) **Penalties—** Any [person](/usc/16/470bb.md?p=6) who knowingly violates, or counsels, procures, solicits, or employs any other [person](/usc/16/470bb.md?p=6) to violate, any prohibition contained in subsection [(a)](#a), [(b)](#b), or [(c)](#c) of this section shall, upon conviction, be fined not more than $10,000 or imprisoned not more than one year, or both: Provided, however, That if the commercial or archaeological value of the [archaeological resources](/usc/16/470bb.md?p=1) involved and the cost of restoration and repair of such resources exceeds the sum of $500, such [person](/usc/16/470bb.md?p=6) shall be fined not more than $20,000 or imprisoned not more than two years, or both. In the case of a second or subsequent such [violation](/usc/16/620e.md?p=11) upon conviction such [person](/usc/16/470bb.md?p=6) shall be fined not more than $100,000, or imprisoned not more than five years, or both.
- (e) **Effective date—** The prohibitions contained in this section shall [take](/usc/16/3102.md?p=18) effect on October 31, 1979.
- (f) **Prospective application—** Nothing in [subsection (b)(1)](#b-1) of this section shall be deemed applicable to any [person](/usc/16/470bb.md?p=6) with respect to an [archaeological resource](/usc/16/470bb.md?p=1) which was in the lawful possession of such [person](/usc/16/470bb.md?p=6) prior to October 31, 1979.
- (g) **Removal of arrowheads located on ground surface—** Nothing in [subsection (d)](#d) of this section shall be deemed applicable to any [person](/usc/16/470bb.md?p=6) with respect to the removal of arrowheads located on the surface of the ground.

## Source credit

(Pub. L. 96–95, § 6, Oct. 31, 1979, 93 Stat. 724; Pub. L. 100–588, § 1(b), (c), Nov. 3, 1988, 102 Stat. 2983.)

## Notes

### Editorial Notes

### Amendments

1988—Subsec. (a). Pub. L. 100–588, § 1(b), inserted “, or attempt to excavate, remove, damage, or otherwise alter or deface” after “deface”.

Subsec. (d). Pub. L. 100–588, § 1(c), substituted “$500” for “$5,000”.