36 CFR 296.4 - Prohibited acts and criminal penalties.

§ 296.4 Prohibited acts and criminal penalties.
(a) Under section 6(a) of the Act, no person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under § 296.8 or exempted by § 296.5(b) of this part.
(b) No person may sell, purchase, exchange, transport, or receive any archaeological resource, if such resource was excavated or removed in violation of:
(1) The prohibitions contained in paragraph (a) of this section; or
(2) Any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.
(c) Under section (d) of the Act, any person who knowingly violates or counsels, procures, solicits, or employs any other person to violate any prohibition contained in section 6 (a), (b), or (c) of the Act will, upon conviction, be fined not more than $10,000.00 or imprisoned not more than one year, or both: provided, however, that if the commercial or archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of $500.00, such person will be fined not more than $20,000.00 or imprisoned not more than two years, or both. In the case of a second or subsequent such violation upon conviction such person will be fined not more than $100,000.00, or imprisoned not more than five years, or both.
[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, Jan. 26, 1995]
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 296.4 Prohibited acts and criminal penalties.

(a) Under section 6(a) of the Act, no person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under § 296.8 or exempted by § 296.5(b) of this part.

(b) No person may sell, purchase, exchange, transport, or receive any archaeological resource, if such resource was excavated or removed in violation of:

(1) The prohibitions contained in paragraph (a) of this section; or

(2) Any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.

(c) Under section (d) of the Act, any person who knowingly violates or counsels, procures, solicits, or employs any other person to violate any prohibition contained in section 6 (a), (b), or (c) of the Act will, upon conviction, be fined not more than $10,000.00 or imprisoned not more than one year, or both: provided, however, that if the commercial or archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of $500.00, such person will be fined not more than $20,000.00 or imprisoned not more than two years, or both. In the case of a second or subsequent such violation upon conviction such person will be fined not more than $100,000.00, or imprisoned not more than five years, or both.

[49 FR 1027, Jan. 6, 1984, as amended at 60 FR 5260, Jan. 26, 1995]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 16 - CONSERVATION

§ 432 - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 433 - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 469 - Omitted

§ 470a - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470a-1

§ 470a-2

§ 470b - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470b-1

§ 470c - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470d - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470e - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470f - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470g - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470h - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470h-1

§ 470h-2

§ 470h-3

§ 470h-4

§ 470h-5

§ 470i - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470j - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470k - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470l - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470m - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470n - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470o - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470p - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470q - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470r - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470s - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470t - Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

§ 470aa - Congressional findings and declaration of purpose

§ 470bb - Definitions

§ 470cc - Excavation and removal

§ 470dd - Custody of archaeological resources

§ 470ee - Prohibited acts and criminal penalties

§ 470ff - Civil penalties

§ 470gg - Enforcement

§ 470hh - Confidentiality of information concerning nature and location of archaeological resources

§ 470ii - Rules and regulations; intergovernmental coordination

§ 470jj - Cooperation with private individuals

§ 470kk - Savings provisions

§ 470ll - Annual report to Congress

§ 470mm - Surveying of lands; reporting of violations

U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE