# 43 CFR § 49.400: What criminal penalties apply to violations of this part?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-43-49.400

## Section

- **Citation:** 43 CFR § 49.400
- **Heading:** What criminal penalties apply to violations of this part?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 43—Public Lands: Interior > Subtitle A—Office of the Secretary of the Interior > PART 49—PALEONTOLOGICAL RESOURCES PRESERVATION > Subpart E—Criminal Penalties

## Text

(a) Anyone who, on or after March 30, 2009, knowingly commits or counsels, procures, solicits, or employs another person to commit a prohibited act identified in subpart D of this part will, upon conviction, be assessed:
(1) Fines in accordance with 18 U.S.C. 641, 1361, 2314, and 1701, or imprisonment of up to 5 years, or both, if the sum of the scientific and commercial values of the paleontological resources involved and the cost of response, restoration, and repair of the resources and sites involved is more than $500; or
(2) Fines in accordance with 18 U.S.C. 641, 1361, 2314, and 1701, or imprisonment of up to 2 years, or both, if the sum of the scientific and commercial values of the paleontological resources involved and the cost of response, restoration, and repair of the resources and sites involved is $500 or less.
(b) Scientific and commercial values and the cost of response, restoration, and repair are determined in accordance with subpart G of this part.
(c) In the case of a second or subsequent violation by the same person, the amount of the penalties assessed under this subpart may be doubled.
(d) To the extent that a prohibited act under this subpart involves a violation of other applicable law, the violator may be subject to additional criminal penalties.

## Nearby sections

- [43 CFR § 49.1 § 49.1 What does this part do?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.1.md)
- [43 CFR § 49.5 § 49.5 What terms are used in this part?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.5.md)
- [43 CFR § 49.10 § 49.10 Does this part affect existing authorities?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.10.md)
- [43 CFR § 49.15 § 49.15 When does this part not apply?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.15.md)
- [43 CFR § 49.20 § 49.20 Does this part create new rights or entitlements?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.20.md)
- [43 CFR § 49.25 § 49.25 What information concerning the nature and specific location of paleontological resources is confidential?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.25.md)
- [43 CFR § 49.30 § 49.30 How will the bureaus conduct inventory, monitoring, and preservation activities?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.30.md)
- [43 CFR § 49.35 § 49.35 How will the bureaus foster public education and awareness?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.35.md)
- [43 CFR § 49.40 § 49.40 May the bureaus restrict access to an area?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.40.md)
- [43 CFR § 49.100 § 49.100 When is a permit required to collect paleontological resources on Federal land?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.100.md)
- [43 CFR § 49.105 § 49.105 Who can receive a permit?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.105.md)
- [43 CFR § 49.110 § 49.110 What are permit applicant qualification requirements?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.110.md)
- [43 CFR § 49.115 § 49.115 Where must a permit application be filed and what information must it include?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.115.md)
- [43 CFR § 49.120 § 49.120 How will a bureau make a decision about a permit application?](https://www.frixlaw.com/law-library/statutes/ecfr-43-49.120.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-43-49.400. Check the current official text before relying on it. Not legal advice.