U.S. Code » Title 16 » Chapter CHAPTER 1B— ARCHAEOLOGICAL RESOURCES PROTECTION

16 U.S.C. § 470ee

Prohibited acts and criminal penalties

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(a) Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources

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 section 470cc of this title, a permit referred to in section 470cc(h)(2) of this title, or the exemption contained in section 470cc(g)(1) of this title.

(b) Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal lawNo person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from public lands or Indian lands in violation of—(1) the prohibition contained in subsection (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 may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State or local law.

(d) Penalties

Any person who knowingly violates, or counsels, procures, solicits, or employs any other person to violate, any prohibition contained in subsection (a), (b), or (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 involved and the cost of restoration and repair of such resources exceeds the sum of $500, such person 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 upon conviction such person 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 effect on October 31, 1979.

(f) Prospective application

Nothing in subsection (b)(1) of this section shall be deemed applicable to any person with respect to an archaeological resource which was in the lawful possession of such person prior to October 31, 1979.

(g) Removal of arrowheads located on ground surface

Nothing in subsection (d) of this section shall be deemed applicable to any person with respect to the removal of arrowheads located on the surface of the ground.

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

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”.

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1990–2023 · leading case: United States v. Quarrell, 310 F.3d 664 (10th Cir. 2002).
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United States v. Quarrell, 310 F.3d 664 (10th Cir. 2002). · cites it 6× “The Quarrells also argue the MVRA is inapplicable because a violation of ARPA, 16 U.S.C. § 470ee, is not an offense “under this title,” referring to Title 18.”
United States v. Earl K. Shumway, 112 F.3d 1413 (10th Cir. 1997). · cites it 4× “Counts one and three alleged violations of the Archaeological Resources Protection Act, 16 U.S.C. § 470ee and 18 U.S.C. § 2 .- Counts two and four alleged related charges of damaging United States property pursuant to 18 U.”
United States v. Ian Martin Lynch, 233 F.3d 1139 (9th Cir. 2000). · cites it 6× “GOODWIN, Circuit Judge: Ian Martin Lynch appeals his conviction under 16 U.S.C. § 470ee(a) of the Aeheo-logical Resources Protection Act (“ARPA”).”
Winnemem Wintu Tribe v. United States Dep't of the Interior, 725 F. Supp. 2d 1119 (E.D. Cal. 2010). · cites it 4× “) Plaintiffs assert that these actions violate several federal statutes: the Archaeological Resource Protection Act (“ARPA”), 16 U.S.C. §§ 470ee; the National Historic Preservation Act (“NHPA”), 16 U.”
United States v. Bradley Owen Austin, 902 F.2d 743 (9th Cir. 1990). · cites it 3× “The indictment included eight counts under two subsections of the Archaeological Resources Protection Act [ARPA], 16 U.S.C. § 470ee(a) and (d): No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or…”
WildEarth Guardians v. U.S. Dep't of Just., 283 F. Supp. 3d 783 (D. Ariz. 2017). · cites it 2× “at 1141 (citing 16 U.S.C. § 470ee(a) ). Specifically, the court considered the meaning of "knowingly" violates any prohibition contained in the ARPA, id.”
United States v. Rodney Phillip Tidwell, 191 F.3d 976 (9th Cir. 1999). · cites it 3× “§ 1163 , and one count of trafficking in unlawfully removed archaeological resources under 16 U.S.C. § 470ee. The masks and the robes formed the basis of the convictions under the NAGPRA, the masks alone formed the basis for the convictions for theft of tribal property and the…”
United States v. Prince, 647 F.3d 1257 (10th Cir. 2011). “2002) (under 16 U.S.C. § 470ee(a)); United States v. Levine, 41 F.”
Cheavens v. Pub. Serv. Corp., 176 F. Supp. 3d 1088 (D. Colo. 2016). · cites it 2× “) However, Plaintiff contends that PSC has violated Section 6 of the ARPA, 16 U.S.C. § 470ee, meaning that his claim survives.”
State v. Jones, 276 P.3d 804 (Kan. Ct. App. 2012). · cites it 2× “2000) (violation of Archeological Resources Protection Act, 16 U.S.C. § 470ee[a] [1994]); United States v.”
United States v. John Ligon, United States of Am. v. Carroll Mizell, AKA Cal Smith, 440 F.3d 1182 (9th Cir. 2006). · cites it 3× “A grand jury indicted Ligón and Mizell for removing archaeological resources in violation of 16 U.S.C. § 470ee (Count I), and stealing United States government property in violation of 18 U.”
United States v. Hunter, 48 F. Supp. 2d 1283 (D. Utah 1998). · cites it 3× “Brief Background On November 19, 1997, the defendant John Hunter and two co-defendants, Kelby Chadburn and Linden Stucki, were charged in a five-count indictment with violating the Archaeological Resources Protection Act (“ARPA”), 16 U.S.C. § 470ee, and with damaging United…”
Show all 21 citing cases →
— 16 U.S.C. § 470ee(a) — 13 cases
United States v. Quarrell, 310 F.3d 664 (10th Cir. 2002). “The Quarrells also argue the MVRA is inapplicable because a violation of ARPA, 16 U.S.C. § 470ee, is not an offense “under this title,” referring to Title 18.”
United States v. Earl K. Shumway, 112 F.3d 1413 (10th Cir. 1997). “Counts one and three alleged violations of the Archaeological Resources Protection Act, 16 U.S.C. § 470ee and 18 U.S.C. § 2 .- Counts two and four alleged related charges of damaging United States property pursuant to 18 U.”
United States v. Ian Martin Lynch, 233 F.3d 1139 (9th Cir. 2000). “GOODWIN, Circuit Judge: Ian Martin Lynch appeals his conviction under 16 U.S.C. § 470ee(a) of the Aeheo-logical Resources Protection Act (“ARPA”).”
Winnemem Wintu Tribe v. United States Dep't of the Interior, 725 F. Supp. 2d 1119 (E.D. Cal. 2010). “) Plaintiffs assert that these actions violate several federal statutes: the Archaeological Resource Protection Act (“ARPA”), 16 U.S.C. §§ 470ee; the National Historic Preservation Act (“NHPA”), 16 U.”
United States v. Bradley Owen Austin, 902 F.2d 743 (9th Cir. 1990). “The indictment included eight counts under two subsections of the Archaeological Resources Protection Act [ARPA], 16 U.S.C. § 470ee(a) and (d): No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or…”
— 16 U.S.C. § 470ee(b) — 1 case
United States v. Rodney Phillip Tidwell, 191 F.3d 976 (9th Cir. 1999). “§ 1163 , and one count of trafficking in unlawfully removed archaeological resources under 16 U.S.C. § 470ee. The masks and the robes formed the basis of the convictions under the NAGPRA, the masks alone formed the basis for the convictions for theft of tribal property and the…”
— 16 U.S.C. § 470ee(c) — 1 case
United States v. Arthur J. Gerber, 999 F.2d 1112 (7th Cir. 1993).
— 16 U.S.C. § 470ee(d) — 8 cases
United States v. Quarrell, 310 F.3d 664 (10th Cir. 2002). “The Quarrells also argue the MVRA is inapplicable because a violation of ARPA, 16 U.S.C. § 470ee, is not an offense “under this title,” referring to Title 18.”
United States v. Earl K. Shumway, 112 F.3d 1413 (10th Cir. 1997). “Counts one and three alleged violations of the Archaeological Resources Protection Act, 16 U.S.C. § 470ee and 18 U.S.C. § 2 .- Counts two and four alleged related charges of damaging United States property pursuant to 18 U.”
United States v. Ian Martin Lynch, 233 F.3d 1139 (9th Cir. 2000). “GOODWIN, Circuit Judge: Ian Martin Lynch appeals his conviction under 16 U.S.C. § 470ee(a) of the Aeheo-logical Resources Protection Act (“ARPA”).”
WildEarth Guardians v. U.S. Dep't of Just., 283 F. Supp. 3d 783 (D. Ariz. 2017). “at 1141 (citing 16 U.S.C. § 470ee(a) ). Specifically, the court considered the meaning of "knowingly" violates any prohibition contained in the ARPA, id.”
United States v. Bradley Owen Austin, 902 F.2d 743 (9th Cir. 1990). “The indictment included eight counts under two subsections of the Archaeological Resources Protection Act [ARPA], 16 U.S.C. § 470ee(a) and (d): No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or…”
— 16 U.S.C. § 470ee(g) — 1 case
United States v. Hunter, 48 F. Supp. 2d 1283 (D. Utah 1998). “Brief Background On November 19, 1997, the defendant John Hunter and two co-defendants, Kelby Chadburn and Linden Stucki, were charged in a five-count indictment with violating the Archaeological Resources Protection Act (“ARPA”), 16 U.S.C. § 470ee, and with damaging United…”
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