[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR7.4]



[Page 203-204]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 7_PROTECTION OF ARCHAEOLOGICAL RESOURCES--Table of Contents

 

                      Subpart A_Uniform Regulations

 

Sec.  7.4  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



[[Page 204]]



resource located on public lands or Indian lands unless such activity is 

pursuant to a permit issued under Sec.  7.8 or exempted by Sec.  7.5(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]