39–010 

Calendar No. 50 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–36 

PALEONTOLOGICAL RESOURCES PRESERVATION ACT 

MARCH 11, 2005.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 263] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 263) to provide for the protection of paleontological resources on Federal lands, and for other purposes, having 

considered the same reports favorably thereon with amendments 

and recommends that the bill, as amended, do pass. 

The amendments are as follows: 

1. On page 6, line 22, strike ‘‘section 9’’ and insert ‘‘section 7’’. 

2. On page 6, line 23, strike ‘‘section 10’’ and insert ‘‘section 8’’. 

3. On page 12, line 18, strike ‘‘section 11’’ and insert ‘‘section 9’’. 

4. On page 12, line 21, strike ‘‘section 9 or 10’’ an insert ‘‘section 

7 or 8’’. 

5. On page 13, line 12, strike ‘‘section 9 or 10’’ and insert ‘‘section 

7 or 8’’. 

6. On page 15, lines 9 and 10, strike ‘‘the Mining in the Parks 

Act’’ and insert ‘‘Public Law 94–429 (commonly known as the ‘Mining in the Parks Act’) (16 U.S.C. 1901 et seq.)’’. 

PURPOSE OF THE MEASURE

The purpose of S. 263 is to establish a comprehensive national 

policy for preserving and managing paleontological resources on 

Federal lands administered by the Secretary of the Interior and the 

Secretary of Agriculture. 

BACKGROUND AND NEED

Over the past several years, there has been increasing discussion 

about the need to develop a coordinated policy for the disposition 

of fossils found on public lands. Federal agency officials, paleontologists and others have expressed concern that the lack of a clear 

policy for the treatment of fossil resources, and uncertainty in legVerDate Aug 04 2004 23:51 Mar 12, 2005 Jkt 039010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR036.XXX SR036
2 

islative authority, make it more difficult for Federal land managers 

to properly protect fossil resources. 

A 1988 Congressional Research Service report concluded that 

while specific statutes or executive actions may protect fossil resources in specific areas, and while generic land management laws 

permit Federal agencies to protect fossil resources, there are no 

laws that require the protection and regulation of these resources. 

The report also noted each agency has different land management 

laws, so there is often inconsistent administration of fossil resources among different agencies. 

The Senate Committee report accompanying the Department of 

the Interior and Related Agencies Appropriations Act, 1999 (S. 

Rept. 105–227) directed the Secretary of the Interior, in consultation with appropriate scientific, educational and commercial entities, to develop a report assessing the need for a unified Federal 

policy on the collection, storage, and preservation of fossils on public lands. 

In May 2000, the Secretary of the Interior issued a report to Congress (entitled Fossils on Federal & Indian Lands) setting forth 

several recommendations for the management of paleontological resources on Federal lands. Specifically, the report identified the 

need for agencies to conduct field inventories and monitoring of fossil resources, and to limit the collection of rare fossils to scientific 

and educational uses. The report also identified the need to 

strengthen civil and criminal penalties for the unauthorized removal of fossils from Federal lands. 

S. 263 incorporates many of the recommendations from this report and establishes a comprehensive policy for protecting fossil resources on Federal lands administered by the Secretary of the Interior and National Forest System lands administered by the Secretary of Agriculture. 

LEGISLATIVE HISTORY

S. 263 was introduced by Senator Akaka and others on February 

2, 2005. During the 108th Congress, the Committee considered 

identical legislation, S. 546. S. 546 was introduced by Senator 

Akaka and others on March 6, 2003. The Subcommittee on National Parks held a hearing on S. 546 on June 10, 2003. 

At the business meeting on June 25, 2003, the Committee on Energy and Natural Resources ordered S. 546 favorably reported with 

amendments. S. 546 passed the Senate as amended by unanimous 

consent on July 17, 2003. The House of Representatives did not 

consider the bill prior to the sine die adjournment of the 108th 

Congress. 

At its business meeting on February 9, 2005, the Committee on 

Energy and Natural Resources ordered S. 263 favorably reported, 

with technical amendments. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on February 9, 2005, by a unanimous voice 

vote of a quorum present, recommends that the Senate pass S. 263. 

3 

COMMITTEE AMENDMENTS

During its consideration of S. 263, the committee adopted several 

technical amendments. 

SECTION-BY-SECTION ANALYSIS

Section 1 titles the bill the ‘‘Paleontological Resources Preservation Act.’’ 

Section 2 includes definitions used in this Act. 

Section 3 directs the Secretary of the Interior and the Secretary 

of Agriculture (collectively referred to as the ‘‘Secretary’’) to coordinate the management and protection of paleontological resources 

on Federal lands using scientific principles and expertise. The section also directs the Secretary to develop appropriate plans for paleontological resources addressing inventory, monitoring, and scientific and educational use. 

Section 4 directs the Secretary to establish a program to increase 

public awareness about the significance of paleontological resources. 

Section 5(a) states that paleontological resources may not be collected from Federal lands without a permit issued by the Secretary 

except that casual collection may be allowed as defined in section 

2, and permits issued prior to this Act shall not be affected. 

Subsection (b) states the criteria by which a permit may be 

issued. 

Subsection (c) states the terms and conditions contained in a permit issued by the Secretary. 

Subsection (d) authorizes the Secretary to modify, suspend, or revoke a permit for certain considerations or violations. 

Subsection (e) authorizes the Secretary to restrict access to or 

close areas under the Secretary’s jurisdiction to the collection of paleontological resources. 

Section 6 states that any paleontological resource, and associated 

data and records, collected under a permit shall be deposited in an 

approved repository. In addition, the Secretary is authorized to 

enter into agreements with non-Federal repositories. 

Section 7 describes criminal penalties associated with prohibited 

acts. 

Section 8 describes civil penalties associated with prohibited acts. 

Section 9 authorizes the Secretary to pay, from penalties collected under section 7 or 8, rewards to any person who furnishes 

information leading to the finding of a civil violation, or the conviction of a criminal violation and establishes forfeiture authority. 

Section 10 protects information concerning the nature and specific location of paleontological resources unless the Secretary determines that disclosure would further the purposes of this Act, not 

create a risk of harm to or theft or destruction of the resource, and 

be in accordance with other applicable laws. 

Section 11 directs the Secretary to issue regulations as appropriate to carry out this Act, providing opportunities for public notice and comment. 

Section 12 includes several savings provisions, making clear that 

this Act does not interfere with or restrict the listed laws and activities. 

4 

Section 13 authorizes the appropriation of such sums as may be 

necessary to carry out this Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the cost of this measure has been provided by the Congressional Budget Office. 

S. 263—Paleontological Resources Preservation Act 

S. 263 would codify current administration policy regarding the 

preservation and use of paleontological resources on federal lands. 

(Paleontological resources include fossilized remains, traces, or imprints of organisms that are preserved in or on the Earth’s crust.) 

The bill also would establish criminal and civil penalties for unlawful activities related to paleontological resources. CBO estimates 

that any budgetary impact of implementing the bill would be negligible. 

The bill would prohibit taking or damaging paleontological resources located on federal lands without a permit or permission, 

selling or purchasing such resources received from federal lands, or 

submitting false records or identification for such resources removed from federal lands. As a result, the federal government 

would be able to pursue cases that it otherwise would not be able 

to prosecute. CBO expects that any increase in federal costs for law 

enforcement, court proceedings, or prison operations would not be 

significant, however, because of the small number of cases likely to 

be involved. Any such additional costs would be subject to the 

availability of appropriated funds. 

Because those prosecuted and convicted under S. 263 could be 

subject to criminal fines and civil penalties, the federal government 

might collect additional fines or penalties if the bill is enacted. Collections of such fines and penalties are recorded in the budget as 

revenues. Under existing law, criminal fines are deposited in the 

Crime Victims Fund and spent without further appropriations in 

subsequent years. Under the provisions of this bill, certain civil 

penalties also would be available to be spent without further appropriation. CBO expects that any additional revenue and direct 

spending as a result of enacting S. 263 would be less than $500,000 

each year and would offset each other over time. 

S. 263 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would have 

no significant impact on the budgets of state, local, or tribal governments. 

The CBO staff contacts for this estimate are Deborah Reis and 

Megan Carroll. This estimate was approved by Peter H. Fontaine, 

Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 263. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

5 

Little, if any, additional paperwork would result from the enactment of S. 263, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior and 

the Department of Agriculture at the Subcommittee hearing on S. 

546 in the 108th Congress follows: 

STATEMENT OF CHRISTOPHER KEARNEY, DEPUTY ASSISTANT

SECRETARY FOR POLICY, MANAGEMENT AND BUDGET, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to present 

the Department of the Interior’s views on S. 546, the Paleontological Resources Preservation Act. The Department 

supports the purpose of S. 546 to protect paleontological 

resources on federal lands but would like to work with the 

Committee on the amendments provided at the end of this 

testimony. 

S. 546 adopts the recommendation of a report submitted 

to Congress in May 2000, titled ‘‘Fossils on Federal and Indian Lands’’ (the Interagency Fossil Report). Concerned 

about the lack of unified policies and standards for the 

management of fossils on federal lands and the resulting 

deterioration and loss of fossils, Congress directed the Bureau of Indian Affairs, the Bureau of Land Management, 

the Bureau of Reclamation, the Fish and Wildlife Service, 

the Forest Service, the National Park Service, the Smithsonian Institution and the U.S. Geological Survey to develop a report assessing the need for a unified federal 

management policy. During development of the report, 

three major themes emerged from the public comments received. First, a majority of people who commented viewed 

fossils on federal lands as part of America’s heritage. Second, they recommended that vertebrate fossils continue to 

be protected as rare and within the ownership of the federal government. Third, they supported the involvement of 

amateurs in the science and enjoyment of fossils, including 

the availability of most plant and invertebrate fossils for 

casual collection on lands managed by the Bureau of Land 

Management and the Forest Service. To meet these and 

other goals, the report recommended the establishment of 

a framework for fossil management, analogous to the Archaeological Resources Protection Act of 1979 (ARPA). 

Fossils are non-renewable resources which, with the exception of microfossils and those that make up commercially developed minerals, such as coal, are relatively rare 

and have significant scientific, educational and recreational values. Federal lands, the majority of which are 

in the western part of the United States, contain a rich 

array of plant, invertebrate and vertebrate fossils. For 

more than a century, land management agencies have 

managed fossils within their unique missions. These agencies have protected all vertebrate fossils, requiring permits 

6 

for their excavation and removal, with the stipulation that 

the resources remain in federal ownership in perpetuity. 

In recent years, public interest in fossils has grown rapidly and with this interest, the commercial value of fossils 

also has increased. The unfortunate consequence has been 

a loss of fossils from federal lands, through theft and vandalism, and from the United States itself, through international trafficking. These crimes reduce scientific and 

public access to scientifically significant and instructive 

fossils and destroy the contextual information critical for 

interpreting the fossils. 

S. 546 would provide a unified federal policy to ensure 

that scientifically significant fossils on certain federal 

lands are inventoried, monitored, protected, and curated 

consistently, while accommodating the agencies’ distinct 

missions. The provisions in this bill do not apply to Indian 

lands. As we understand it, the bill, in large measure, reflects the current practice of agencies in the management 

of fossils on federal land. Streamlining the practices of the 

various land management agencies into a unified approach 

will enhance overall management of fossils on federal 

lands by reducing public confusion and improving collaboration and cooperation among agencies, scientists, and the 

public. 

Under the agencies’ existing regulations and policies, 

vertebrate fossils may only be collected with a permit for 

scientific and educational purposes. S. 546 would codify 

this collection policy and standardize the permitting requirements among the various agencies, as recommended 

in the Interagency Fossil Report. It would ensure that 

these fossils are retained as public property and curated in 

suitable repositories for current and future generations of 

scientists and the public to study and enjoy. Scientists use 

the information from specimens in repository collections to 

build on our understanding of the history of life and physical environment on Earth. Millions of visitors enjoy the 

displays offered by public repositories of their most spectacular and educational fossils, many originating from federal lands. 

One exception to the permitting requirements under S. 

546 is for casual collection of certain paleontological resources for personal, scientific, educational and recreational uses. This important provision would authorize 

the Secretary to allow the public to casually collect common invertebrate and plant fossils without a permit on 

certain federal lands. In other words, under this bill, visitors to BLM lands who enjoy paleontology as a hobby could 

continue to collect and keep for their personal use a wide 

variety of plant and common invertebrate fossils. The casual collection of such fossils can be an important component of the public’s enjoyment of some federal lands and 

is generally consistent with scientific and educational 

goals. 

S. 546 would codify the land managing agencies’ existing 

prohibition on commercial fossil collecting from federal 

7 

lands. By prohibiting such collecting, this legislation ensures that vertebrate fossils on federal lands, a rich part 

of America’s heritage, remain in public hands, that they 

are not bought or sold, and that the federal government 

does not have to use taxpayer funds to purchase fossils 

found on lands that it owns. 

S. 546 would provide additional protection by prohibiting 

the excavation, damage, transport or sale of paleontological resources located on federal lands. Criminal penalties 

for these acts would be set by classification, following fine 

and imprisonment penalties imposed under federal law. 

Keeping an appropriate inventory and monitoring are 

crucial components of fossil management. S. 546 would 

provide the Secretary with the flexibility to keep an inventory and monitor exposed fossils based on the site-specific 

geology and paleontology of their management units. The 

exposure of fossils by erosion varies, based on the type of 

rock in which they are found and local climate. Some fossils remain exposed at the surface for decades or centuries, 

while others weather away soon after exposure depending 

on the nature of their preservation. 

S. 546 would balance the need for public access to fossils 

with the recognition that the unlimited disclosure of certain information about particularly significant fossils can 

lead to the theft or vandalism of those fossils. In the National Parks Omnibus Management Act of 1998, Congress 

authorized the National Park Service to withhold information about the nature and specific location of paleontological resources in park units unless certain criteria were 

met. S. 546 would extend this same authority to the other 

federal land managing agencies. 

Last Congress, the Department testified before this 

Committee in support of the purpose of S. 2727, a similar 

bill, while also citing a number of concerns. After the hearing, the Department provided the Committee with general 

comments and suggested amendments to address our concerns with the bill. We appreciate that S. 546, as introduced, includes the vast majority of our proposed amendments. At the end of this testimony, we offer additional 

amendments for the Committee’s further consideration. 

We look forward to working with the Committee on these 

remaining issues. 

As the prices of fossils rise, the federal land managing 

agencies will be under increasing pressure to both protect 

scientifically significant fossil resources and to ensure 

their appropriate availability to the general public. S. 546 

would create a single legislative framework for paleontological resource management that will facilitate sharing 

of resources, personnel and partnership opportunities 

across agency lines. 

Mr. Chairman, this concludes my statement. I would be 

pleased to answer any questions you or other members of 

the Committee may have. 

8 

PROPOSED AMENDMENTS FOR S. 546

On p. 3, line 1, after ‘‘personal’’ strike ‘‘(’’ insert ‘‘,’’. 

On p. 3, line 2, after ‘‘recreational’’ strike ‘‘)’’. 

On p. 3, line 13, after ‘‘means lands’’ insert ‘‘owned, controlled, or’’. 

—clarifies the bill’s inclusion of all lands (except Indian 

lands) managed by the Departments 

On p. 4, line 14, strike ‘‘Rehabilitation’’ insert ‘‘Repatriation’’. 

On p. 5, line 17, after ‘‘Federal lands’’ insert ‘‘owned, 

controlled, or’’. 

—clarifies generally where casual collecting may be allowed 

On p. 8, line 4, after ‘‘permit’’ insert ‘‘issued under this 

Act’’. 

—ensures that the permit referenced is the permit established under this Act. 

On p. 8, line 8, after ‘‘Acts;’’ insert ‘‘Criminal’’ 

—clarifies that Section 9 addresses criminal penalties, in 

contrast with Section 10 which addresses civil penalties 

On p. 9, line 8, strike ‘‘Penalties’’ insert ‘‘Penalties’’ 

On p. 10, line 19, after ‘‘involved.’’, insert ‘‘, as determined by the Secretary.’’. 

On p. 11, line 12, strike entire subsection (b), insert: 

(b) PETITION FOR JUDICIAL REVIEW; COLLECTION OF UNPAID ASSESSMENTS— 

(1) JUDICIAL REVIEW.—Any person against whom an 

order is issued assessing a penalty under subsection (a) 

may file a petition for judicial review of the order in the 

United States District Court for the District of Columbia 

or in the district in which the violation is alleged to have 

occurred within the 30-day period beginning I on the date 

the order making the assessment was issued. The Secretary shall promptly file in such court a certified copy of 

the record on which the order was issued. The court shall 

hear the action on the record made before the Secretary 

and shall sustain the action if it is supported by substantial evidence on the record considered as a whole. 

(2) FAILURE TO PAY.—If any person fails to pay a penalty 

under this section within thirty (30) days— 

(A) after the order making the assessment has become 

final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or 

(B) after a court in an action brought in paragraph (1) 

has entered a final judgment upholding the assessment of 

the penalty, 

the Secretary may request the Attorney General to institute a civil action in a district court to the United States 

for any district in which the person is found, resides, or 

transactions business, to collect the penalty (plus interest 

at currently resides, or transacts business, to collect the 

penalty (plus interest at currently prevailing rates from 

the date of the final order or the date of the final judgment, as the case may be). The district court shall have juVerDate Aug 04 2004 23:51 Mar 12, 2005 Jkt 039010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6969 E:\HR\OC\SR036.XXX SR036
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risdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such 

penalty shall not be subject to review. Any person who 

fails to pay on a timely basis the amount of an assessment 

of a civil penalty as described in the first sentence and interest, attorneys fees and costs bugs collection processing. 

—Is the standard enforcement provision found in other 

laws including the Clean Water Act 

On p. 13, line 8 strike ‘‘may be subject to forfeiture 

* * * involved in the violation.’’ Insert ‘‘shall be subject to 

civil forfeiture, or upon conviction, to criminal forfeiture. 

All provisions of law relating to the seizure, forfeiture, and 

condemnation of property for a violation of this Act, the 

disposition of such property or the proceeds from the sale 

thereof, and remission or mitigation of such forfeiture, as 

well as the procedural provisions of Chapter 46 to Title 18, 

United States Code, shall apply to the seizure and forfeitures incurred or alleged to have been incurred under the 

provisions of this Act.’’ 

—makes a distinction between civil forfeiture and ensures that criminal forfeiture only could occur upon conviction 

—makes clear that the protections of the Civil Asset 

Forfeiture Reform Act (CXAFRA), an act a more just and 

uniform procedure for Federal civil forfeitures, would 

apply. 

On p.13, after line 17, insert new (c): 

‘‘(c) TRANSFER OF SEIZED RESOURCES.—The Secretary is 

authorized to transfer ownership or administration of 

seized paleontological resources to Federal or non-Federal 

educational institutions to be used for scientific or educational purposes.’’ 

—allows the establishment of partnerships with schools 

and other entities to transfer seized resources (for example, some resources that are recovered with no record of 

their context may have lost value to a museum but may 

still have educational value) 

On p. 13, after line 18, strike entire section and insert: 

‘‘(a) Information concerning the nature or specific location of a paleontological resource the collection of which requires a permit under this Act or under any other provision of Federal law shall be withheld from the public— 

‘‘(1) in response to a request under subchapter II of 

chapter 5 of title 5, United States Code; or 

‘‘(2) notwithstanding any other provision of law that 

would authorize release. 

‘‘(b) The information described in subsection (a) shall be 

released if the responsible Secretary determines that disclosure would— 

‘‘(1) further the purposes of the Act; 

‘‘(2) not create a risk of harm to or theft or destruction 

of the resource or the site containing the resource; and 

‘‘(3) be in accordance with other applicable laws.’’. 

On p. 15, line 3, after ‘‘time’’ insert ‘‘under’’. 

10 

STATEMENT OF ELIZABETH ESTILL, DEPUTY CHIEF, PROGRAMS, LEGISLATION AND COMMUNICATIONS, FOREST

SERVICE, DEPARTMENT OF AGRICULTURE

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to be here today. I am Elizabeth 

Estill, Deputy Chief for Programs, Legislation and Communications, USDA Forest Service. I will provide the Department’s comments on S. 546, the Paleontological Resources Preservation Act. 

During the 107th Congress, the Department supported 

the purpose of S. 2727; a similar bill also entitled the Paleontological Resources Preservation Act, and provided some 

recommended changes to the committee staff. I am pleased 

to see some of the Department’s concerns addressed in S. 

546. The Department supports the purpose of the bill, but 

we would like to work with the Committee to address some 

of our other recommendations. 

Unified guidelines for paleontological resources management and special protection for vertebrate paleontological 

resources are greatly needed on National Forest System 

lands. Forest users, amateurs and scientists alike, are demanding opportunities for recreation, education, interpretation, and the scientific study of fossils. As these legitimate demands increase so does the amount of illegal activity such as theft and vandalism. Therefore, clearly defined, 

consistent laws and penalties to deter theft and vandalism 

of fossils from federal lands are also needed. 

The Forest Service currently manages paleontological resources under a patchwork of laws that do not specifically 

address their unique characteristics nor provide adequate 

management and protection of the resource. These laws include the Organic Administration Act of 1897, the Archaeological Resources Protection Act of 1979, and the Federal 

Cave Resources Protection Act of 1988. The later statutes 

only protect paleontological resources when they are associated with archeological resources, or when they occur in 

caves, respectively. 

A consistent statutory framework will enhance overall 

management of paleontological resources on National Forest System lands. Between 1991 and 1996, one-third of all 

fossil sites inventoried in the Oglala National Grassland in 

Nebraska were found to have been vandalized, and as a result, valuable data was lost to science and to the public. 

In 1996, a case involving fossil theft on National Forest 

System lands in California, which was prosecuted under 

civil laws by the Department of Justice and ultimately settled out of court, pointed out the need for more specific 

statutes and regulations related to the theft of federal fossils. 

S. 546 directs the Secretary of the Interior and the Secretary of Agriculture to manage and protect 

paleotontological resources using scientific principles. The 

bill recognizes the nonrenewable nature of fossils and defines paleontological resources as fossilized remains preVerDate Aug 04 2004 23:51 Mar 12, 2005 Jkt 039010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6969 E:\HR\OC\SR036.XXX SR036
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served in or on the Earth’s crust. This distinguishes these 

resources from archaeological resources, covered under the 

Archaeological Resources Protection Act (ARPA); cultural 

items, covered under the National Historic Preservation 

Act and the Native American Graves Protection and Repatriation Act (NAGPRA); and mineral resources. 

If enacted, the bill would establish casual collection provisions including permitting requirements for scientific 

and educational purposes using uniform and consistent criteria. S. 546 recognizes that paleontological resources are 

federal property, and that the fossil as well as the I associated field data and other records will be preserved and 

made available to the public. An important aspect of this 

bill to the Forest Service is its formal recognition of casual 

collecting of invertebrate and plant fossils for recreational, 

non-commercial use as a valid public activity on National 

Forests System lands for which a permit may not be required where the collecting is not: inconsistent with the 

laws governing the management of National Forest System lands and S. 546. 

S. 546 provides important uniform criminal and civil 

penalties for all the federal managing agencies for theft 

and damage of paleontological resources. Currently, there 

is a complex mix of laws, regulations and guidelines that 

have created significant jurisprudential challenges. For example, for the Forest Service, violations of regulations protecting paleontological resources are Class B Misdemeanors, punishable by up to six months imprisonment, 

or $5,000 fine, or both. For the Bureau of Land Management, violations are Class A Misdemeanors, punishable by 

up to one year imprisonment, or $100,000 fine, or both. 

The penalties defined in S. 546 are also consistent with recent amendments to the federal sentencing I guidelines of 

the U.S. Sentencing Commission for increased penalties 

for cultural heritage resources. 

S. 546 also provides that the proceeds arising from civil 

and criminal penalties established under the bill may be 

available for payment to those who provided information 

in investigations that lead to the civil violations or criminal convictions for which the penalties were assessed. 

However, the current reward language in Section 11 provides a maximum reward amount that we believe will be 

ineffective in most cases. We believe that the appropriate 

reward amount to be offered or paid for assistance in investigations is best determined by the agency and prosecutor based on the significance of the case and assistance 

provided or needed. We, recommend that references to any 

dollar amount be removed. Further, the Forest Service currently has differing regulations at 36 CFR 262.1 which 

regulate the payment of rewards along with other Department of Justice protocols. 

Mr. Chairman, paleontological resources, especially 

vertebrate fossils, are heritage resources. They are evidence of the past history of life on Earth. They provide opportunities for the public to learn more about ancient 

12 

Earth ecosystems and the development of life from research and study of these resources. The Forest Service is 

a steward of these heritage resources and is committed to 

their protection while providing opportunities for research, 

education, and recreation. The Paleontological Resources 

Preservation Act would help secure the authority of the 

Forest Service to manage and protect all paleontological 

resources on National Forest System lands. 

This concludes my statement. I would be happy to answer questions. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 263, as ordered reported. 

Æ