I

104TH CONGRESS

2D SESSION H. R. 2943

To provide for the collection of fossils on Federal lands, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 1, 1996

Mr. JOHNSON of South Dakota (for himself and Mr. SKEEN) introduced the

following bill; which was referred to the Committee on Resources, and in

addition to the Committees on Agriculture, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for the collection of fossils 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 ‘‘Fossil Preservation

5 Act of 1996’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—
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1 (1) paleontology, as distinct from archaeology,

2 is the study of prehistoric, nonhuman life and is

3 most closely allied with geology and biology;

4 (2) the science of paleontology is best served by

5 unimpeded access to fossils and fossil-bearing rocks

6 in the field;

7 (3) fossils have scientific, educational, and com8 mercial value;

9 (4) fossils are accessible on Federal lands, but

10 the few Federal laws or regulations in existence on

11 the date of enactment of this Act do not provide for

12 uniform regulations for their collection;

13 (5) access to fossils on Federal lands should be

14 provided to research scientists, educators, amateur

15 collectors, and commercial entities under proper

16 guidelines, but collecting decreases the benefit of

17 Federal lands for the people of the United States if

18 the collecting—

19 (A) separates scientifically unique fossils

20 from their geological and paleontological con21 texts,

22 (B) removes scientifically unique fossils

23 from the realm of public education or scientific

24 study, or
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1 (C) interferes with ongoing excavation by

2 researchers engaged in permitted studies or ex3 cavations.

4 (6) scientifically unique fossils, as determined

5 by the Council, must be deposited in institutions

6 where there are established research, educational,

7 and training programs in paleontology.

8 (b) PURPOSES.—The purposes of this Act are—

9 (1) to secure, for the present and future benefit

10 of the people of the United States, the protection,

11 including collection and preservation, of fossils that

12 are on Federal lands;

13 (2) to provide a uniform national policy on fos14 sil collecting on Federal lands that—

15 (A) enables research scientists, educators,

16 amateur collectors, and commercial entities to

17 collect fossils on Federal lands; and

18 (B) facilitates scientific research and edu19 cation in paleontology;

20 (3) encourages the collection and preservation

21 of fossils from Federal lands in order to reduce the

22 loss of fossils resulting from erosion and theft; and

23 (4) encourages the identification, preservation

24 and study of scientifically unique paleontological

25 specimens and sites on Federal lands in order to in-
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1 crease our understanding of the history of life on

2 earth.

3 SEC. 3. DEFINITIONS.

4 For the purposes of this Act:

5 (1) FEDERAL LANDS.—(A) The term ‘‘Federal

6 lands’’ means the lands, other than wilderness, ad7 ministered by the Bureau of Land Management, the

8 Forest Service, the United States Fish and Wildlife

9 Service, the Bureau of Reclamation, and the United

10 States Army Corps of Engineers.

11 (B) Such term does not include lands held in

12 trust for the benefit of an Indian tribe or individual

13 or held by an Indian tribe or individual subject to

14 a restriction by the United States against alienation,

15 lands administered by the National Park Service,

16 lands designated by an Act of Congress as wilder17 ness, and any other Federal lands not specifically in18 cluded by subparagraph (A).

19 (2) FEDERAL LAND MANAGER.—The term

20 ‘‘Federal land manager’’ means the Secretary of the

21 department or head of the agency or instrumentality

22 of the United States.

23 (3) FOSSIL.—The term ‘‘fossil’’ means any nat24 urally occurring remains or trace of plant or animal

25 life that—
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1 (A) lived prior to the Holocene epoch; and

2 (B) is not associated with an archaeologi3 cal resource or a cave resource.

4 (4) ARCHAEOLOGICAL RESOURCE.—The term

5 ‘‘archaeological resource’’ has the meaning given

6 such term in section 3(1) of the Archaeological Re7 sources Protection Act of 1979 (16 U.S.C.

8 470bb(1)).

9 (5) CAVE RESOURCE.—The term ‘‘cave re10 source’’ has the meaning given such term in section

11 3(5) of the Federal Cave Resources Protection Act

12 (16 U.S.C. 4302(5)).

13 (6) COUNCIL.—The term ‘‘Council’’ means the

14 National Fossil Council established by section 9.

15 (7) DIRECTOR.—The term ‘‘Director’’ means

16 the Director of the United States Geological Survey.

17 (8) SUITABLE PALEONTOLOGICAL INSTITU18 TION.—An institution is a suitable paleontological

19 institution if the institution is a nonprofit public or

20 private organization, including a college, university,

21 Federal or State repository, or museum—

22 (A) with a research, educational, or curato23 rial program in paleontology; and
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1 (B) with open access to appropriate

2 records for the specimens collected under these

3 permits for research and education.

4 SEC. 4. MANAGEMENT OF FOSSILS ON FEDERAL LANDS.

5 (a) FEDERAL LANDS OPEN TO FOSSIL COLLECT6 ING.—Except as otherwise provided in this section, all

7 Federal lands shall be open to fossil collecting, as follows:

8 all Federal lands shall be open to fossil collecting by recon9 naissance without a permit, except for those lands des10 ignated as requiring such a permit pursuant to subsection

11 (c)(1)(B), and all Federal lands shall be open to fossil col12 lecting by quarrying pursuant to a permit.

13 (b) DUTY TO MANAGE SEPARATELY FROM ARCHAE14 OLOGICAL RESOURCE.—Each Federal land manager, in

15 consultation with the Council, shall manage fossils sepa16 rately from archaeological resources, cave resources, and

17 cultural resources, but in conjunction with the natural re18 sources within the jurisdiction of the Federal land man19 ager.

20 (c) TYPES OF COLLECTING AND WHETHER NOTICE

21 OR A PERMIT IS REQUIRED.—Collecting fossils from Fed22 eral lands shall be conducted in accordance with the fol23 lowing:

24 (1) RECONNAISSANCE.—
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1 (A) IN GENERAL.—Except as provided in

2 subparagraphs (B) and (C), collecting fossils

3 from the surface is not subject to advance no4 tice to a Federal land manager or the issuance

5 of a permit. Such collecting is reconnaissance

6 collecting and—

7 (i) results in surface disturbance of

8 less than two square meters of the earth;

9 (ii) involves picking up loose speci10 mens on weathered rock surfaces;

11 (iii) may involve the use of simple

12 hand tools (such as hammers, chisels, pry

13 bars, and rakes);

14 (iv) does not involve the use of power

15 tools, explosives, or mechanized equipment

16 of any kind; and

17 (v) does not pose potential for signifi18 cant disturbance of sites of ongoing sci19 entific research and other important re20 sources, including endangered species, cul21 tural resources, archaeological resources,

22 cave resources, wilderness, or areas of crit23 ical environmental concern.

24 (B) EXCEPTION.—A permit is required for

25 reconnaissance collecting from those Federal
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1 lands under the jurisdiction of the Federal land

2 manager which the Federal land manager may

3 designate in accordance with the guidelines de4 veloped by the Council under section 9. The

5 Federal land manager shall publish in the Fed6 eral Register notice of each area for which a

7 permit is required for reconnaissance collecting

8 and shall post in each such area appropriate

9 notice of reconnaissance collecting permit re10 quirements.

11 (C) NOTICE BY GROUPS.—Advance notice

12 of not less than seven days is required for re13 connaissance collecting by groups comprised of

14 more than 10 persons.

15 (2) QUARRYING.—Fossil collection by quarrying

16 means the collection of fossils by means other than

17 reconnaissance collecting. Collecting fossils through

18 quarrying may only be conducted pursuant to a per19 mit and advance notice.

20 (d) DETERMINATION OF SCIENTIFICALLY UNIQUE.—

21 The Federal land manager, in consultation with the Chair

22 of the Council, shall determine whether a fossil is scientif23 ically unique in accordance with regulations promulgated

24 under section 10, except with respect to commercial per-
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1 mits. In the case of a commercial permit, the determina2 tion of scientifically unique shall be made by the Council.

3 (e) APPEALS.—

4 (1) AGENCY PROCESS.—Except as provided by

5 paragraph (2), administrative appeals of a Federal

6 land manager’s decision under this Act shall be

7 made in accordance with the appeals process, if any,

8 established by the agency concerned.

9 (2) COUNCIL.—An appeal of a Federal land

10 manager’s decision under this subsection (d) may be

11 made to the Council in accordance with regulations

12 promulgated under section 10.

13 SEC. 5. PERMITS.

14 (a) GENERAL AUTHORITY.—

15 (1) ISSUANCE.—The Federal land manager

16 shall issue permits under such terms and conditions

17 as the Federal land manager may impose—

18 (A) for reconnaissance collecting under

19 section 4(c)(1) from those lands which the Fed20 eral land manager designates in accordance

21 with the guidelines developed by the Council

22 under section 9; and

23 (B) for the discovery, quarrying, and re24 moval of fossils under section 4(c)(2) that are

25 located on lands under the jurisdiction of the
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1 Federal land manager, including activity associ2 ated with such quarrying.

3 (2) LIMITATION.—Commercial permits may not

4 be issued under this section for the quarrying or re5 moval of a scientifically unique find, as determined

6 by the Council.

7 (3) PERIOD TO CONSIDER APPLICATION.—Per8 mits shall be issued or denied within a reasonable

9 time, but no later than 90 days after a permit appli10 cation is received, unless extended by written notice

11 of the Federal land manager to allow compliance

12 with this Act.

13 (4) CONTENTS OF PERMIT APPLICATION.—An

14 application for a permit under this section shall con15 tain—

16 (A) a general description of the area in

17 which collecting activity is to occur and, when

18 applicable, the purpose of the proposed quarry;

19 (B) the beginning and ending dates of

20 work and list of tools for the proposed activity;

21 (C) the identity and qualifications of the

22 individuals responsible for carrying out the

23 terms and conditions of the permit;

24 (D) in the case that the permit is for col25 lecting fossils for educational purposes, the
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1 agreement of the applicant to the conditions

2 specified in subsection (b);

3 (E) in the case that the permit is for col4 lecting fossils for scientific purposes, the agree5 ment of the applicant to the conditions specified

6 in subsection (c);

7 (F) in the case that the permit is for col8 lecting fossils for sale, barter, or exchange, the

9 agreement of the applicant to the conditions

10 specified in subsection (d); and

11 (G) the applicant submits in writing quali12 fications and relevant proof of experience that

13 are in compliance with the guidelines estab14 lished by the Federal land manager and are ap15 propriate for the type of permit applied for.

16 (b) EDUCATIONAL COLLECTING PERMITS.—A permit

17 for collecting fossils from Federal lands for educational

18 purposes shall be issued pursuant to an application under

19 subsection (a) if—

20 (1) the applicant agrees to deposit all scientif21 ically unique fossils, records, and data associated

22 with such collecting in a suitable paleontological in23 stitution and to carry out the permitted activity pri24 marily for the purpose of public education;
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1 (2) the applicant has a letter of agreement from

2 a suitable paleontological institution; and

3 (3) the Federal land manager determines that

4 the activity is consistent with any management plan

5 applicable to the Federal lands concerned.

6 (c) SCIENTIFIC COLLECTING PERMITS.—A permit

7 for collecting fossils from Federal lands for scientific pur8 poses shall be issued pursuant to an application under

9 subsection (a) if—

10 (1) the applicant agrees to deposit all scientif11 ically unique fossils, records, and data associated

12 with such collecting in a suitable paleontological in13 stitution and to carry out the permitted activity pri14 marily for the purpose of scientific research, public

15 education, or public display;

16 (2) the applicant has a letter of agreement from

17 a suitable paleontological institution; and

18 (3) the Federal land manager determines that

19 the activity is consistent with any management plan

20 applicable to the Federal lands concerned.

21 (d) COMMERCIAL COLLECTING PERMITS.—A permit

22 for collecting fossils from Federal lands for sale, barter,

23 or exchange shall be issued pursuant to an application

24 under subsection (a) if—

25 (1) the applicant agrees—
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1 (A) that the fossils to be extracted are for

2 a commercial purpose;

3 (B) to pay fees established in accordance

4 with section 6;

5 (C) to deposit the paleontological records

6 and data associated with the commercial quar7 rying with the United States Geological Survey;

8 (D) to report any unanticipated discoveries

9 made under the commercial permit to the agen10 cy issuing the permit and that scientifically

11 unique finds will be property of the United

12 States and will be deposited in a suitable pale13 ontological institution; and

14 (E) to file a final report with the permit

15 granting agency describing all quarried mate16 rials;

17 (2) the Federal land manager determines that

18 the activity is consistent with any management plan

19 applicable to the Federal lands concerned; and

20 (3) the permit application has been reviewed by

21 the Federal land manager in consultation with the

22 Chair of the Council.

23 (e) SUSPENSION AND REVOCATION OF PERMITS.—

24 (1) SUSPENSION.—The Federal land manager

25 may suspend a permit issued under this section if
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1 the Federal land manager determines that the hold2 er of the permit has intentionally violated any of the

3 terms of the permit or intentionally engaged in an

4 act for which a civil penalty may be imposed under

5 section 8.

6 (2) REVOCATION.—The Federal land manager

7 may revoke a permit issued under this section if the

8 holder of the permit is assessed a civil penalty under

9 section 8.

10 (3) PROTECTION OF RIGHTS.—Before suspend11 ing a permit under paragraph (1) or revoking a per12 mit under paragraph (2), the Federal land manager

13 shall provide the permittee with notice and an oppor14 tunity for a hearing on the record in accordance

15 with section 554 of title 5, United States Code.

16 (f) PERMITS ISSUED UNDER ANTIQUITIES ACT OF

17 1906.—

18 (1) NEW PERMITS.—No permit or other per19 mission shall be required under the Act entitled ‘‘An

20 Act for the Preservation of American Antiquities’’,

21 approved June 8, 1906 (16 U.S.C. 431 et seq.), for

22 any activity for which a permit is issued under this

23 section.

24 (2) PREVIOUS PERMITS.—Any permit issued

25 under such Act prior to the date of enactment of
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1 this Act shall remain in effect according to the

2 terms and conditions of the permit. No permit under

3 this Act shall be required to carry out any activity

4 under a permit issued under such Act prior to the

5 date of enactment of this Act. Nothing in this Act

6 shall be construed to modify or affect a permit is7 sued under such Act prior to the date of enactment

8 of this Act.

9 SEC. 6. FEES AND ROYALTIES FOR COMMERCIAL COLLECT10 ING.

11 (a) GENERAL AUTHORITY.—The Federal land man12 ager shall establish and collect fees relating to the com13 mercial collection of fossils subject to this Act. The fee

14 shall be determined by the Secretary on a permit-by-per15 mit basis and shall be sufficient to cover the cost to the

16 Secretary of issuing a permit under section 5 and shall

17 be based on the amount of surface disturbance which oc18 curs under the permit and the location of the collection

19 activity.

20 (b) ROYALTY.—A permit for commercial collecting

21 shall require payment of a royalty on the fair market value

22 of each fossil removed under the permit. The amount of

23 the royalty shall be determined by the Council as a per24 centage of the value of the fossil on the basis of what a
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1 willing buyer would pay a willing seller in an arms length

2 transaction.

3 (c) USE OF AMOUNTS COLLECTED.—Amounts col4 lected by a Federal land manager under this section shall

5 be retained by the Federal land manager and used without

6 further appropriation in the area with respect to which

7 the amount was generated for the purpose of carrying out

8 the paleontological program of the Federal land manager.

9 SEC. 7. OWNERSHIP AND CUSTODY OF FOSSILS.

10 (a) IN GENERAL.—Except as provided by subsection

11 (b), fossils collected pursuant to this Act are the property

12 of the collector—

13 (1) without restriction if collected under the

14 provisions of this Act where no permit is required;

15 and

16 (2) are subject to the terms and conditions

17 agreed to by the collector in connection with the is18 suance of a permit under this Act if collected pursu19 ant to the permit.

20 (b) EXCEPTION.—Fossils collected pursuant to a

21 commercial collecting permit under section 5(c) which are

22 scientifically unique, as determined by the Council, are the

23 property of the United States and shall be placed into cus24 tody with the Director of the United States Geological

25 Survey. This paragraph applies with respect to a fossil re-
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1 gardless of when the determination of scientifically unique

2 is made.

3 (c) AUTHORITY OF UNITED STATES TO DISPOSE OF

4 FOSSILS.—The Director of the United States Geological

5 Survey may sell, exchange, loan, or donate any fossil

6 placed into the custody of the Director under subsection

7 (b).

8 (d) MODIFICATION OR REMOVAL OF RESTRIC9 TIONS.—

10 (1) APPLICATION TO COUNCIL.—The collector

11 of a fossil pursuant to a permit issued under this

12 Act may apply to the Council for the modification or

13 removal of restrictions relating to fossils collected

14 under this Act.

15 (2) STANDARD.—The Council may modify or

16 remove the restrictions, as the Council determines

17 appropriate, if the Council determines that such

18 modification or removal is necessary to better

19 achieve an educational or scientific purpose of the

20 collector.

21 SEC. 8. CIVIL PENALTIES.

22 (a) AUTHORITY.—The Federal land manager may as23 sess a civil penalty of more than $1,000 but not more than

24 $100,000 against any person who—
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1 (1) willfully violates any provision of this Act,

2 permit issued under this Act, or rule or regulation

3 promulgated by the Federal land manager pursuant

4 to this Act, including quarrying, removing, damag5 ing, or otherwise altering or defacing, or attempting

6 to quarry, remove, damage, or otherwise alter or de7 face, a fossil located on Federal land in violation of

8 this Act or a permit issued under this Act;

9 (2) knowingly sells, purchases, exchanges,

10 transports, receives, or offers to sell, purchase, or

11 exchange a fossil if the fossil was quarried or re12 moved from Federal lands in violation of paragraph

13 (1) or in violation of a law, ordinance, or permit in

14 effect under any other provision of Federal law;

15 (3) submits false, inaccurate, or misleading in16 formation on any application for a permit issued

17 pursuant to this Act; or

18 (4) fails to make or file any report required by

19 this Act.

20 (b) MITIGATION OF PENALTY.—The Secretary may

21 compromise, modify, or remit, with or without conditions,

22 any civil penalty which may be imposed under this sub23 section.

24 (c) INTEREST.—
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1 (1) DATE ACCRUAL BEGINS.—Interest shall ac2 crue on a civil penalty imposed under this section on

3 the later of—

4 (A) the date on which the order of the

5 Federal land manager becomes final, unless an

6 action for judicial review is brought in accord7 ance with chapters 5 and 7 of title 5, United

8 States Code; and

9 (B) the date on which a final judgment is

10 entered pursuant to an action referred to in

11 subparagraph (A).

12 (2) RATE.—Interest for a period under para13 graph (1) shall be at the rates specified for under14 payments under section 6621 of the Internal Reve15 nue Code of 1986.

16 SEC. 9. NATIONAL FOSSIL COUNCIL.

17 (a) ESTABLISHMENT.—The Director of the United

18 States Geological Survey shall establish a council to be

19 known as the ‘‘National Fossil Council’’.

20 (b) DUTIES.—The Council—

21 (1) during the six-month period beginning on

22 the date of the appointment of the initial members

23 under subsection (c)(2)—

24 (A) shall develop guidelines and param25 eters for determining ‘‘scientifically unique’’;
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1 (B) shall develop procedures for identifying

2 specimens as scientifically unique, including

3 procedures for cases in which the determination

4 is made during the collection process or after

5 the removal of the specimen from Federal

6 lands;

7 (C) shall develop a procedure for advising

8 the Federal land manager on scientifically

9 unique fossils upon request of the Federal land

10 manager;

11 (D) shall develop guidelines for the Federal

12 land manager to determine which lands to close

13 for reconnaissance collecting;

14 (E) shall develop procedures for processing

15 appeals of a Federal land manager’s decisions

16 with respect to the determination of scientif17 ically unique;

18 (F) shall develop guidelines for the mini19 mum acceptable qualifications of collectors for

20 each type of permit under section 5;

21 (G) shall establish the royalty rate re22 quired by section 6; and

23 (H) may define or provide guidelines for

24 determining which groups may engage in col-
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1 lecting for educational purposes without a per2 mit under section 5(b)(2);

3 (2) provide advice to the Federal land managers

4 in carrying out this Act;

5 (3) review permit applications rejected pursuant

6 to section 4(d) on the basis of scientifically unique

7 fossils;

8 (4) review the procedures by which this Act is

9 enforced to ensure uniformity of regulation consist10 ent with this Act among Federal land management

11 agencies; and

12 (5) carry out the other duties required by this

13 Act.

14 (c) MEMBERSHIP.—

15 (1) IN GENERAL.—The Council shall be com16 posed of seven members, as follows:

17 (A) The Director of the Geological Survey

18 (or designee), ex officio, who shall serve as the

19 chair of the Council.

20 (B) One individual appointed by the Direc21 tor, after considering recommendations made by

22 the United States National Museum.

23 (C) One individual appointed by the Direc24 tor, after considering recommendations made by

25 the Society of Vertebrate Paleontology.
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1 (D) One individual appointed by the Direc2 tor, after considering recommendations made by

3 the Paleontological Society.

4 (E) One individual who shall be represent5 ative of the Federal land managers, appointed

6 by the Director after considering recommenda7 tions made by the Secretary of the Interior and

8 the Secretary of Agriculture.

9 (F) One individual appointed by the Direc10 tor, after considering recommendations made by

11 the American Association of Paleontological

12 Suppliers.

13 (G) One individual appointed by the Direc14 tor, after considering recommendations made by

15 the Mid America Paleontological Societies and

16 the American Federation of Mineralogical Soci17 eties.

18 (2) INITIAL APPOINTMENTS.—The Director

19 shall make the appointments of the initial members

20 within 60 days after the date of enactment of this

21 Act.

22 (d) TERMS.—

23 (1) IN GENERAL.—Each member appointed

24 under subsection (c) shall be appointed for a term
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1 of five years, except as provided in paragraphs (2)

2 and (3).

3 (2) TERMS OF INITIAL APPOINTEES.—As des4 ignated by the Director at the time of appointment,

5 of the members first appointed—

6 (A) two shall be appointed for terms of

7 three years; and

8 (B) two shall be appointed for terms of

9 four years.

10 (3) VACANCIES.—Any member appointed to fill

11 a vacancy occurring before the expiration of the

12 term for which the member’s predecessor was ap13 pointed shall be appointed only for the remainder of

14 that term. A member may serve after the expiration

15 of that member’s term until a successor has taken

16 office. A vacancy in the Council shall be filled in the

17 manner in which the original appointment was

18 made.

19 (e) BASIC PAY.—Members shall serve without pay,

20 and members who are full-time officers or employees of

21 the United States may not receive additional pay, allow22 ances, or benefits by reason of their service on the Council.

23 (f) QUORUM AND VOTE REQUIRED.—

24 (1) IN GENERAL.—Five members of the Council

25 shall constitute a quorum but a lesser number may
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1 hold hearings. Except as provided by paragraph (2),

2 actions may be taken upon affirmative vote by a ma3 jority decision, a quorum being present.

4 (2) DESIGNATION OF SCIENTIFICALLY

5 UNIQUE.—(A) Designating a fossil as scientifically

6 unique in connection with a commercial permit re7 quires an affirmative vote of five members of the

8 Council.

9 (B) In an appeal of a decision of a Federal land

10 manager under section 4(d)(2), an affirmative vote

11 of five members of the Council is required to modify

12 or reverse the decision.

13 (g) MEETINGS.—The Council shall meet at the call

14 of the Chair or as otherwise provided by this section.

15 (h) STAFF OF FEDERAL AGENCIES.—Upon request

16 of the Chair, the head of any Federal department or agen17 cy may detail, on a reimbursable basis, any of the person18 nel of that department or agency to the Council to assist

19 it in carrying out its duties under this Act.

20 (i) MAILS.—The Council may use the United States

21 mails in the same manner and under the same conditions

22 as other departments and agencies of the United States.

23 SEC. 10. REGULATIONS.

24 (a) GENERAL REGULATIONS.—
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1 (1) ISSUANCE.—Not later than one year after

2 the date of the enactment of this Act, the Secretary

3 of the Interior, the Secretary of Agriculture, and the

4 Secretary of the Army, after consultation with other

5 Federal land managers and representatives of con6 cerned State agencies, after review and comment by

7 the Council, and after public notice and hearings,

8 shall each issue as soon as practicable, such regula9 tions as are appropriate to carry out this Act. Such

10 regulations shall be as uniform as possible and

11 where not possible, shall include a list of all in12 stances in which such regulations are not uniform

13 and the reasons therefor.

14 (2) SUBMISSION TO CONGRESS.—The regula15 tions issued under this Act shall be submitted to the

16 Committee on Resources of the House of Represent17 atives and the Committee on Energy and Natural

18 Resources of the Senate and may not take effect be19 fore the expiration of the 90-date period following

20 the date of submission.

21 (b) LAND MANAGEMENT PLANS.—Each Federal land

22 manager shall amend management plans as necessary to

23 conform to this Act and the regulations issued under sub24 section (a).

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