II 

109TH CONGRESS 

1ST SESSION S. 263 

To provide for the protection of paleontological resources on Federal lands, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2005 

Mr. AKAKA (for himself, Mr. BAUCUS, Mrs. FEINSTEIN, Mr. DURBIN, Mr. 

ROBERTS, and Mr. INOUYE) introduced the following bill; which was read 

twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for the protection of paleontological resources 

on Federal lands, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Paleontological Re5 sources Preservation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 As used in this Act: 

8 (1) CASUAL COLLECTING.—The term ‘‘casual 

9 collecting’’ means the collecting of a reasonable 

10 amount of common invertebrate and plant paleon-
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1 tological resources for non-commercial personal use, 

2 either by surface collection or the use of non-pow3 ered hand tools resulting in only negligible disturb4 ance to the Earth’s surface and other resources. As 

5 used in this paragraph, the terms ‘‘reasonable 

6 amount’’, ‘‘common invertebrate and plant paleon7 tological resources’’ and ‘‘negligible disturbance’’ 

8 shall be determined by the Secretary. 

9 (2) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior with respect to lands 

11 controlled or administered by the Secretary of the 

12 Interior or the Secretary of Agriculture with respect 

13 to National Forest System Lands controlled or ad14 ministered by the Secretary of Agriculture. 

15 (3) FEDERAL LANDS.—The term ‘‘Federal 

16 lands’’ means— 

17 (A) lands controlled or administered by the 

18 Secretary of the Interior, except Indian lands; 

19 or 

20 (B) National Forest System lands con21 trolled or administered by the Secretary of Ag22 riculture. 

23 (4) INDIAN LANDS.—The term ‘‘Indian Land’’ 

24 means lands of Indian tribes, or Indian individuals, 

25 which are either held in trust by the United States 
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1 or subject to a restriction against alienation imposed 

2 by the United States. 

3 (5) STATE.—The term ‘‘State’’ means the fifty 

4 States, the District of Columbia, the Commonwealth 

5 of Puerto Rico, and any other territory or possession 

6 of the United States. 

7 (6) PALEONTOLOGICAL RESOURCE.—The term 

8 ‘‘paleontological resource’’ means any fossilized re9 mains, traces, or imprints of organisms, preserved in 

10 or on the earth’s crust, that are of paleontological 

11 interest and that provide information about the his12 tory of life on earth, except that the term does not 

13 include— 

14 (A) any materials associated with an ar15 chaeological resource (as defined in section 3(1) 

16 of the Archaeological Resources Protection Act 

17 of 1979 (16 U.S.C. 470bb(1)); or 

18 (B) any cultural item (as defined in section 

19 2 of the Native American Graves Protection 

20 and Repatriation Act (25 U.S.C. 3001)). 

21 SEC. 3. MANAGEMENT. 

22 (a) IN GENERAL.—The Secretary shall manage and 

23 protect paleontological resources on Federal lands using 

24 scientific principles and expertise. The Secretary shall de25 velop appropriate plans for inventory, monitoring, and the 
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1 scientific and educational use of paleontological resources, 

2 in accordance with applicable agency laws, regulations, 

3 and policies. These plans shall emphasize interagency co4 ordination and collaborative efforts where possible with 

5 non-Federal partners, the scientific community, and the 

6 general public. 

7 (b) COORDINATION.—To the extent possible, the Sec8 retary of the Interior and the Secretary of Agriculture 

9 shall coordinate in the implementation of this Act. 

10 SEC. 4. PUBLIC AWARENESS AND EDUCATION PROGRAM. 

11 The Secretary shall establish a program to increase 

12 public awareness about the significance of paleontological 

13 resources. 

14 SEC. 5. COLLECTION OF PALEONTOLOGICAL RESOURCES. 

15 (a) PERMIT REQUIREMENT.— 

16 (1) IN GENERAL.—Except as provided in this 

17 Act, a paleontological resource may not be collected 

18 from Federal lands without a permit issued under 

19 this Act by the Secretary. 

20 (2) CASUAL COLLECTING EXCEPTION.—The 

21 Secretary may allow casual collecting without a per22 mit on Federal lands controlled or administered by 

23 the Bureau of Land Management, the Bureau of 

24 Reclamation, and the Forest Service, where such col-
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1 lection is consistent with the laws governing the 

2 management of those Federal lands and this Act. 

3 (3) PREVIOUS PERMIT EXCEPTION.—Nothing in 

4 this section shall affect a valid permit issued prior 

5 to the date of enactment of this Act. 

6 (b) CRITERIA FOR ISSUANCE OF A PERMIT.—The 

7 Secretary may issue a permit for the collection of a paleon8 tological resource pursuant to an application if the Sec9 retary determines that— 

10 (1) the applicant is qualified to carry out the 

11 permitted activity; 

12 (2) the permitted activity is undertaken for the 

13 purpose of furthering paleontological knowledge or 

14 for public education; 

15 (3) the permitted activity is consistent with any 

16 management plan applicable to the Federal lands 

17 concerned; and 

18 (4) the proposed methods of collecting will not 

19 threaten significant natural or cultural resources. 

20 (c) PERMIT SPECIFICATIONS.—A permit for the col21 lection of a paleontological resource issued under this sec22 tion shall contain such terms and conditions as the Sec23 retary deems necessary to carry out the purposes of this 

24 Act. Every permit shall include requirements that— 
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1 (1) the paleontological resource that is collected 

2 from Federal lands under the permit will remain the 

3 property of the United States; 

4 (2) the paleontological resource and copies of 

5 associated records will be preserved for the public in 

6 an approved repository, to be made available for sci7 entific research and public education; and 

8 (3) specific locality data will not be released by 

9 the permittee or repository without the written per10 mission of the Secretary. 

11 (d) MODIFICATION, SUSPENSION, AND REVOCATION

12 OF PERMITS.— 

13 (1) The Secretary may modify, suspend, or re14 voke a permit issued under this section— 

15 (A) for resource, safety, or other manage16 ment considerations; or 

17 (B) when there is a violation of term or 

18 condition of a permit issued pursuant to this 

19 section. 

20 (2) The permit shall be revoked if any person 

21 working under the authority of the permit is con22 victed under section 9 or is assessed a civil penalty 

23 under section 10. 

24 (e) AREA CLOSURES.—In order to protect paleon25 tological or other resources and to provide for public safe-
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1 ty, the Secretary may restrict access to or close areas 

2 under the Secretary’s jurisdiction to the collection of pale3 ontological resources. 

4 SEC. 6. CURATION OF RESOURCES. 

5 Any paleontological resource, and any data and 

6 records associated with the resource, collected under a per7 mit, shall be deposited in an approved repository. The Sec8 retary may enter into agreements with non-Federal reposi9 tories regarding the curation of these resources, data, and 

10 records. 

11 SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES. 

12 (a) IN GENERAL.—A person may not— 

13 (1) excavate, remove, damage, or otherwise 

14 alter or deface or attempt to excavate, remove, dam15 age, or otherwise alter or deface any paleontological 

16 resources located on Federal lands unless such activ17 ity is conducted in accordance with this Act; 

18 (2) exchange, transport, export, receive, or offer 

19 to exchange, transport, export, or receive any pale20 ontological resource if, in the exercise of due care, 

21 the person knew or should have known such resource 

22 to have been excavated or removed from Federal 

23 lands in violation of any provisions, rule, regulation, 

24 law, ordinance, or permit in effect under Federal 

25 law, including this Act; or 
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1 (3) sell or purchase or offer to sell or purchase 

2 any paleontological resource if, in the exercise of due 

3 care, the person knew or should have known such re4 source to have been excavated, removed, sold, pur5 chased, exchanged, transported, or received from 

6 Federal lands. 

7 (b) FALSE LABELING OFFENSES.—A person may not 

8 make or submit any false record, account, or label for, 

9 or any false identification of, any paleontological resource 

10 excavated or removed from Federal lands. 

11 (c) PENALTIES.—A person who knowingly violates or 

12 counsels, procures, solicits, or employs another person to 

13 violate subsection (a) or (b) shall, upon conviction, be 

14 fined in accordance with title 18, United States Code, or 

15 imprisoned not more than 10 years, or both; but if the 

16 sum of the commercial and paleontological value of the 

17 paleontological resources involved and the cost of restora18 tion and repair of such resources does not exceed $500, 

19 such person shall be fined in accordance with title 18, 

20 United States Code, or imprisoned not more than one 

21 year, or both. 

22 (d) GENERAL EXCEPTION.—Nothing in subsection 

23 (a) shall apply to any person with respect to any paleon24 tological resource which was in the lawful possession of 

25 such person prior to the date of the enactment of this Act. 
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1 SEC. 8. CIVIL PENALTIES. 

2 (a) IN GENERAL.— 

3 (1) HEARING.—A person who violates any pro4 hibition contained in an applicable regulation or per5 mit issued under this Act may be assessed a penalty 

6 by the Secretary after the person is given notice and 

7 opportunity for a hearing with respect to the viola8 tion. Each violation shall be considered a separate 

9 offense for purposes of this section. 

10 (2) AMOUNT OF PENALTY.—The amount of 

11 such penalty assessed under paragraph (1) shall be 

12 determined under regulations promulgated pursuant 

13 to this Act, taking into account the following factors: 

14 (A) The scientific or fair market value, 

15 whichever is greater, of the paleontological re16 source involved, as determined by the Secretary. 

17 (B) The cost of response, restoration, and 

18 repair of the resource and the paleontological 

19 site involved. 

20 (C) Any other factors considered relevant 

21 by the Secretary assessing the penalty. 

22 (3) MULTIPLE OFFENSES.—In the case of a 

23 second or subsequent violation by the same person, 

24 the amount of a penalty assessed under paragraph 

25 (2) may be doubled. 
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1 (4) LIMITATION.—The amount of any penalty 

2 assessed under this subsection for any one violation 

3 shall not exceed an amount equal to double the cost 

4 of response, restoration, and repair of resources and 

5 paleontological site damage plus double the scientific 

6 or fair market value of resources destroyed or not 

7 recovered. 

8 (b) PETITION FOR JUDICIAL REVIEW; COLLECTION

9 OF UNPAID ASSESSMENTS.— 

10 (1) JUDICIAL REVIEW.—Any person against 

11 whom an order is issued assessing a penalty under 

12 subsection (a) may file a petition for judicial review 

13 of the order in the United States District Court for 

14 the District of Columbia or in the district in which 

15 the violation is alleged to have occurred within the 

16 30-day period beginning on the date the order mak17 ing the assessment was issued. Upon notice of such 

18 filing, the Secretary shall promptly file such a cer19 tified copy of the record on which the order was 

20 issued. The court shall hear the action on the record 

21 made before the Secretary and shall sustain the ac22 tion if it is supported by substantial evidence on the 

23 record considered as a whole. 

24 (2) FAILURE TO PAY.—If any person fails to 

25 pay a penalty under this section within 30 days— 
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1 (A) after the order making assessment has 

2 become final and the person has not filed a pe3 tition for judicial review of the order in accord4 ance with paragraph (1); or 

5 (B) after a court in an action brought in 

6 paragraph (1) has entered a final judgment up7 holding the assessment of the penalty, the Sec8 retary may request the Attorney General to in9 stitute a civil action in a district court of the 

10 United States for any district in which the per11 son if found, resides, or transacts business, to 

12 collect the penalty (plus interest at currently 

13 prevailing rates from the date of the final order 

14 or the date of the final judgment, as the case 

15 may be). The district court shall have jurisdic16 tion to hear and decide any such action. In 

17 such action, the validity, amount, and appro18 priateness of such penalty shall not be subject 

19 to review. Any person who fails to pay on a 

20 timely basis the amount of an assessment of a 

21 civil penalty as described in the first sentence of 

22 this paragraph shall be required to pay, in addi23 tion to such amount and interest, attorneys fees 

24 and costs for collection proceedings. 
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1 (c) HEARINGS.—Hearings held during proceedings 

2 instituted under subsection (a) shall be conducted in ac3 cordance with section 554 of title 5, United States Code. 

4 (d) USE OF RECOVERED AMOUNTS.—Penalties col5 lected under this section shall be available to the Secretary 

6 and without further appropriation may be used only as 

7 follows: 

8 (1) To protect, restore, or repair the paleon9 tological resources and sites which were the subject 

10 of the action, or to acquire sites with equivalent re11 sources, and to protect, monitor, and study the re12 sources and sites. Any acquisition shall be subject to 

13 any limitations contained in the organic legislation 

14 for such Federal lands. 

15 (2) To provide educational materials to the 

16 public about paleontological resources and sites. 

17 (3) To provide for the payment of rewards as 

18 provided in section 11. 

19 SEC. 9. REWARDS AND FORFEITURE. 

20 (a) REWARDS.—The Secretary may pay from pen21 alties collected under section 9 or 10— 

22 (1) consistent with amounts established in regu23 lations by the Secretary; or 

24 (2) if no such regulation exists, an amount 

25 equal to the lesser of one-half of the penalty or 
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1 $500, to any person who furnishes information 

2 which leads to the finding of a civil violation, or the 

3 conviction of criminal violation, with respect to 

4 which the penalty was paid. If several persons pro5 vided the information, the amount shall be divided 

6 among the persons. No officer or employee of the 

7 United States or of any State or local government 

8 who furnishes information or renders service in the 

9 performance of his official duties shall be eligible for 

10 payment under this subsection. 

11 (b) FORFEITURE.—All paleontological resources with 

12 respect to which a violation under section 9 or 10 occurred 

13 and which are in the possession of any person, and all 

14 vehicles and equipment of any person that were used in 

15 connection with the violation, shall be subject to civil for16 feiture, or upon conviction, to criminal forfeiture. All pro17 visions of law relating to the seizure, forfeiture, and con18 demnation of property for a violation of this Act, the dis19 position of such property or the proceeds from the sale 

20 thereof, and remission or mitigation of such forfeiture, as 

21 well as the procedural provisions of chapter 46 of title 18, 

22 United States Code, shall apply to the seizures and forfeit23 ures incurred or alleged to have incurred under the provi24 sions of this Act. 
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1 (c) TRANSFER OF SEIZED RESOURCES.—The Sec2 retary may transfer administration of seized paleontolog3 ical resources to Federal or non-Federal educational insti4 tutions to be used for scientific or educational purposes. 

5 SEC. 10. CONFIDENTIALITY. 

6 Information concerning the nature and specific loca7 tion of a paleontological resource the collection of which 

8 requires a permit under this Act or under any other provi9 sion of Federal law shall be exempt from disclosure under 

10 section 552 of title 5, United States Code, and any other 

11 law unless the Secretary determines that disclosure 

12 would— 

13 (1) further the purposes of this Act; 

14 (2) not create risk of harm to or theft or de15 struction of the resource or the site containing the 

16 resource; and 

17 (3) be in accordance with other applicable laws. 

18 SEC. 11. REGULATIONS. 

19 As soon as practical after the date of the enactment 

20 of this Act, the Secretary shall issue such regulations as 

21 are appropriate to carry out this Act, providing opportuni22 ties for public notice and comment. 

23 SEC. 12. SAVINGS PROVISIONS. 

24 Nothing in this Act shall be construed to— 
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1 (1) invalidate, modify, or impose any additional 

2 restrictions or permitting requirements on any ac3 tivities permitted at any time under the general min4 ing laws, the mineral or geothermal leasing laws, 

5 laws providing for minerals materials disposal, or 

6 laws providing for the management or regulation of 

7 the activities authorized by the aforementioned laws 

8 including but not limited to the Federal Land Policy 

9 Management Act (43 U.S.C. 1701–1784), the Min10 ing in the Parks Act, the Surface Mining Control 

11 and Reclamation Act of 1977 (30 U.S.C. 1201– 

12 1358), and the Organic Administration Act (16 

13 U.S.C. 478, 482, 551); 

14 (2) invalidate, modify, or impose any additional 

15 restrictions or permitting requirements on any ac16 tivities permitted at any time under existing laws 

17 and authorities relating to reclamation and multiple 

18 uses of Federal lands; 

19 (3) apply to, or require a permit for, casual col20 lecting of a rock, mineral, or invertebrate or plant 

21 fossil that is not protected under this Act; 

22 (4) affect any lands other than Federal lands or 

23 affect the lawful recovery, collection, or sale of pale24 ontological resources from lands other than Federal 

25 lands; 
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1 (5) alter or diminish the authority of a Federal 

2 agency under any other law to provide protection for 

3 paleontological resources on Federal lands in addi4 tion to the protection provided under this Act; or 

5 (6) create any right, privilege, benefit, or enti6 tlement for any person who is not an officer or em7 ployee of the United States acting in that capacity. 

8 No person who is not an officer or employee of the 

9 United States acting in that capacity shall have 

10 standing to file any civil action in a court of the 

11 United States to enforce any provision or amend12 ment made by this Act. 

13 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated such sums 

15 as may be necessary to carry out this Act. 

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