In the Senate of the United States,

November 20 (legislative day, November 19), 2002.

Resolved, That the bill from the House of Representatives (H.R. 980) entitled ‘‘An Act to establish the Moccasin

Bend National Historic Site in the State of Tennessee as a

unit of the National Park System.’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 TITLE I—MOCCASIN BEND NA2 TIONAL ARCHEOLOGICAL DIS3 TRICT.

4 SEC 101. SHORT TITLE.

5 This title may be cited as the ‘‘Moccasin Bend Na6 tional Archeological District Act’’.
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1 SEC. 102. DEFINITIONS.

2 As used in this title:

3 (1) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Interior.

5 (2) ARCHEOLOGICAL DISTRICT.—The term ‘‘ar6 cheological district’’ means the Moccasin Bend Na7 tional Archeological District.

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

9 of Tennessee.

10 (4) MAP.—The term ‘‘Map’’ means the map enti11 tled ‘‘Boundary Map, Moccasin Bend National Ar12 cheological District’’, numbered 301/80098, and dated

13 September 2002.

14 SEC. 103. ESTABLISHMENT.

15 (a) IN GENERAL.—In order to preserve, protect, and

16 interpret for the benefit of the public the nationally signifi17 cant archeological and historic resources located on the pe18 ninsula known as Moccasin Bend, Tennessee, there is estab19 lished as a unit of Chickamauga and Chattanooga National

20 Military Park, the Moccasin Bend National Archeological

21 District.

22 (b) BOUNDARIES.—The archeological district shall

23 consist of approximately 780 acres generally depicted on

24 the Map. The Map shall be on file and available for public

25 inspection in the appropriate offices of the National Park

26 Service, Department of the Interior.
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1 (c) ACQUISITION OF LAND AND INTERESTS IN LAND.—

2 (1) IN GENERAL.—The Secretary may acquire by

3 donation, purchase from willing sellers using donated

4 or appropriated funds, or exchange, lands and inter5 ests in lands within the exterior boundary of the ar6 cheological district. The Secretary may acquire the

7 State, county and city-owned land and interests in

8 land for inclusion in the archeological district only by

9 donation.

10 (2) EASEMENT OUTSIDE BOUNDARY.—To allow

11 access between areas of the archeological district that

12 on the date of enactment of this title are noncontig13 uous, the Secretary may acquire by donation or pur14 chase from willing owners using donated or appro15 priated funds, or exchange, easements connecting the

16 areas generally depicted on the Map.

17 SEC. 104. ADMINISTRATION.

18 (a) IN GENERAL.—The archeological district shall be

19 administered by the Secretary in accordance with this title,

20 with laws applicable to Chickamauga and Chattanooga Na21 tional Military Park, and with the laws generally applica22 ble to units of the National Park System.

23 (b) COOPERATIVE AGREEMENT.—The Secretary may

24 consult and enter into cooperative agreements with cul25 turally affiliated federally recognized Indian tribes, govern-
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1 mental entities, and interested persons to provide for the

2 restoration, preservation, development, interpretation, and

3 use of the archeological district.

4 (c) VISITOR INTERPRETIVE CENTER.—For purposes of

5 interpreting the historical themes and cultural resources of

6 the archeological district, the Secretary may establish and

7 administer a visitor center in the archeological district.

8 (d) GENERAL MANAGEMENT PLAN.—Not later than 3

9 years after funds are made available for this purpose, the

10 Secretary shall develop a general management plan for the

11 archeological district. The general management plan shall

12 describe the appropriate protection and preservation of nat13 ural, cultural, and scenic resources, visitor use, and facility

14 development within the archeological district consistent

15 with the purposes of this title, while ensuring continued ac16 cess to private landowners to their property.

17 SEC. 105. REPEAL OF PREVIOUS ACQUISITION AUTHORITY.

18 The Act of August 3, 1950 (Chapter 532; 16 U.S.C.

19 424a–4), is repealed.

20 TITLE II—FORT BAYARD NA21 TIONAL HISTORIC LANDMARK

22 ACT.

23 SEC. 201. SHORT TITLE.

24 This title may be cited as the ‘‘Fort Bayard National

25 Historic Landmark Act’’.
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1 SEC. 202. CONGRESSIONAL FINDINGS.

2 The Congress finds that—

3 (1) Fort Bayard, located in southwest New Mex4 ico, was an Army post from 1866 until 1899, and

5 served an important role in the settlement of New

6 Mexico;

7 (2) among the troops stationed at the fort were

8 several ‘‘Buffalo Soldier’’ units who fought in the

9 Apache Wars;

10 (3) following its closure as a military post, Fort

11 Bayard was established by the War Department as a

12 general hospital for use as a military sanatorium;

13 (4) in 1965 the State of New Mexico assumed

14 management of the site and currently operates the

15 Fort Bayard State Hospital;

16 (5) the Fort Bayard historic site has been listed

17 on the National Register of Historic Places in rec18 ognition of the national significance of its history,

19 both as a military fort and as an historic medical fa20 cility.

21 SEC. 203. FORT BAYARD NATIONAL HISTORIC LANDMARK.

22 (a) DESIGNATION.—The Fort Bayard Historic Dis23 trict in Grant County, New Mexico, as listed on the Na24 tional Register of Historic Places, is hereby designated as

25 the Fort Bayard National Historic Landmark.

26 (b) ADMINISTRATION.
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1 (1) Consistent with the Department of the Inte2 rior’s regulations concerning National Historic Land3 marks (36 C.F.R. Part 65), designation of the Fort

4 Bayard Historic District as a National Historic

5 Landmark shall not prohibit under Federal law or

6 regulations any actions which may otherwise be taken

7 by the property owner with respect to the property.

8 (2) Nothing in this title shall affect the adminis9 tration of the Fort Bayard Historic District by the

10 State of New Mexico.

11 SEC. 204. COOPERATIVE AGREEMENTS.

12 (a) IN GENERAL.—The Secretary, in consultation with

13 the State of New Mexico, may enter into cooperative agree14 ments with appropriate public or private entities, for the

15 purposes of protecting historic resources at Fort Bayard

16 and providing educational and interpretive facilities and

17 programs for the public. The Secretary shall not enter into

18 any agreement or provide assistance to any activity affect19 ing Fort Bayard State Hospital without the concurrence

20 of the State of New Mexico.

21 (b) TECHNICAL AND FINANCIAL ASSISTANCE.—The

22 Secretary may provide technical and financial assistance

23 with any entity with which the Secretary has entered into

24 a cooperative agreement under subsection (a) in furtherance

25 of the agreement.
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1 SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated such sums as

3 may be necessary to carry out this title.

4 TITLE III—VIRGIN RIVER DINO5 SAUR FOOTPRINT PRESERVE.

6 SEC. 301. SHORT TITLE.

7 This title may be cited as the ‘‘Virgin River Dinosaur

8 Footprint Preserve Act’’.

9 SEC. 302. VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE.

10 (a) AUTHORIZATION FOR GRANT TO PURCHASE PRE11 SERVE.—Of the funds appropriated in the section entitled

12 ‘‘Land Acquisition’’ of the Fiscal Year 2002 Interior and

13 Related Agencies Appropriations Act, Public Law 107–63,

14 the Secretary of the Interior shall grant $500,000 to the

15 City for—

16 (1) the purchase of up to 10 acres of land within

17 the area generally depicted as the ‘‘Preserve Acquisi18 tion Area’’ on the map entitled ‘‘Map B’’ and dated

19 May 9, 2002; and

20 (2) the preservation of such land and paleon21 tological resources.

22 (b) CONDITIONS OF GRANT.—The grant under sub23 section (a) shall be made only after the City agrees to the

24 following conditions:
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1 (1) USE OF LAND.—The City shall use the Vir2 gin River Dinosaur Footprint Preserve in a manner

3 that accomplishes the following:

4 (A) Preserves and protects the paleontolog5 ical resources located within the exterior bound6 aries of the Virgin River Dinosaur Footprint

7 Preserve.

8 (B) Provides opportunities for scientific re9 search in a manner compatible with subpara10 graph (A).

11 (C) Provides the public with opportunities

12 for educational activities in a manner compat13 ible with subparagraph (A).

14 (2) REVERTER.—If at any time after the City

15 acquires the Virgin River Dinosaur Footprint Pre16 serve, the Secretary determines that the City is not

17 substantially in compliance with the conditions de18 scribed in paragraph (1), all right, title, and interest

19 in and to the Virgin River Dinosaur Footprint Pre20 serve shall immediately revert to the United States,

21 with no further consideration on the part of the

22 United States, and such property shall then be under

23 the administrative jurisdiction of the Secretary of the

24 Interior.
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1 (3) CONDITIONS TO BE CONTAINED IN DEED.—

2 If the City attempts to transfer title to the Virgin

3 River Dinosaur Footprint Preserve (in whole or in

4 part), the conditions set forth in this subsection shall

5 transfer with such title and shall be enforceable

6 against any subsequent owner of the Virgin River Di7 nosaur Footprint Preserve (in whole or in part).

8 (c) COOPERATIVE AGREEMENT AND ASSISTANCE.—

9 (1) ASSISTANCE.—The Secretary may provide to

10 the City—

11 (A) financial assistance, if the Secretary de12 termines that such assistance is necessary for

13 protection of the paleontological resources located

14 within the exterior boundaries of the Virgin

15 River Dinosaur Footprint Preserve; and

16 (B) technical assistance to assist the City in

17 complying with subparagraphs (A) through (C)

18 of subsection (b)(1).

19 (2) ADDITIONAL GRANTS.—

20 (A) IN GENERAL.—In addition to funds

21 made available under subsection (a) and para22 graph (2) of this subsection, the Secretary may

23 provide grants to the City to carry out its duties

24 under the cooperative agreement entered into

25 under paragraph (1).
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1 (B) LIMITATION ON AMOUNT; REQUIRED

2 NON-FEDERAL MATCH.—Grants under subpara3 graph (A) shall not exceed $500,000 and shall be

4 provided only to the extent that the City matches

5 the amount of such grants with non-Federal con6 tributions (including in-kind contributions).

7 (d) MAP ON FILE.—The map shall be on file and avail8 able for public inspection in the appropriate offices of the

9 Department of the Interior.

10 (e) DEFINITIONS.—For the purposes of this section, the

11 following definitions apply:

12 (1) CITY.—The term ‘‘City’’ means the city of

13 St. George, Utah.

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

15 the Secretary of the Interior.

16 (3) VIRGIN RIVER DINOSAUR FOOTPRINT PRE17 SERVE.—The term ‘‘Virgin River Dinosaur Footprint

18 Preserve’’ means the property (and all facilities and

19 other appurtenances thereon) described in subsection

20 (a).
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1 TITLE IV—ARCHEOLOGICAL AND

2 CULTURAL HERITAGE PRO3 TECTION.

4 SEC. 401. SHORT TITLE.

5 This title may be cited as the ‘‘Enhanced Protection

6 of Our Cultural Heritage Act of 2002’’.

7 SEC. 402. ENHANCED PENALTIES FOR CULTURAL HERITAGE

8 CRIMES.

9 (a) ENHANCED PENALTY FOR ARCHAEOLOGICAL RE10 SOURCES.—Section 6(d) of the Archaeological Resources

11 Protection Act of 1979 (16 U.S.C. 470ee(d)) is amended by

12 striking ‘‘not more than 10,000’’ and all that follows

13 through the end of the subsection and inserting ‘‘in accord14 ance with title 18, United States Code, or imprisoned not

15 more than 10 years or both; but if the sum of the commer16 cial and archaeological value of the archaeological resources

17 involved and the cost of restoration and repair of such re18 sources does not exceed $500, such person shall be fined in

19 accordance with title 18, United States Code, or imprisoned

20 not more than one year, or both.’’.

21 (b) ENHANCED PENALTY FOR EMBEZZLEMENT AND

22 THEFT FROM INDIAN TRIBAL ORGANIZATIONS.—Section

23 1163 of title 18, United States Code, is amended by striking

24 ‘‘five years’’ and inserting ‘‘10 years’’.
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1 (c) ENHANCED PENALTY FOR ILLEGAL TRAFFICKING

2 IN NATIVE AMERICAN HUMAN REMAINS AND CULTURAL

3 ITEMS.—Section 1170 of title 18, United States Code, is

4 amended—

5 (1) in subsection (a), by striking ‘‘or imprisoned

6 not more than 12 months, or both, and in the case of

7 second or subsequent violation, be fined in accordance

8 with this title, or imprisoned not more than 5 years’’

9 and inserting ‘‘imprisoned not more than 10 years’’;

10 and

11 (2) in subsection (b), by striking ‘‘imprisoned

12 not more than one year’’ and all that follows through

13 the end of the subsection and inserting ‘‘imprisoned

14 not more than 10 years, or both; but if the sum of the

15 commercial and archaeological value of the cultural

16 items involved and the cost of restoration and repair

17 of such items does not exceed $500, such person shall

18 be fined in accordance with this title, imprisoned not

19 more than one year, or both.’’.

20 TITLE V—PALEONTOLOGICAL

21 RESOURCES PRESERVATION

22 ACT.

23 SEC. 501. SHORT TITLE.

24 This title may be cited as the ‘‘Paleontological Re25 sources Preservation Act’’.
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1 SEC. 502. FINDINGS.

2 The Congress finds the following:

3 (1) Paleontological resources are nonrenewable.

4 Such resources on Federal lands are an accessible and

5 irreplaceable part of the heritage of the United States

6 and offer significant educational opportunities to all

7 citizens.

8 (2) Existing Federal laws, statutes, and other

9 provisions that manage paleontological resources are

10 not articulated in a unified national policy for Fed11 eral land management agencies and the public. Such

12 a policy is needed to improve scientific under13 standing, to promote responsible stewardship, and to

14 facilitate the enhancement of responsible paleontolog15 ical collecting activities on Federal lands.

16 (3) Consistent with the statutory provisions ap17 plicable to each Federal land management system,

18 reasonable access to paleontological resources on Fed19 eral lands should be provided for scientific, edu20 cational, and recreational purposes.

21 SEC. 503. PURPOSE.

22 The purpose of this title is to establish a comprehensive

23 national policy for preserving and managing paleontolog24 ical resources on Federal lands.

25 SEC. 504. DEFINITIONS.

26 As used in this title:
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1 (1) CASUAL COLLECTING.—The term ‘‘casual col2 lecting’’ means the collecting of a reasonable amount

3 of common invertebrate and plant paleontological re4 sources for personal, scientific, educational or rec5 reational use, either by surface collection or using

6 nonpowered hand tools resulting in only negligible

7 disturbance to the Earth’s surface and other resources.

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

9 the Secretary of the Interior with respect to lands ad10 ministered by the Secretary of the Interior or the Sec11 retary of Agriculture with respect to National Forest

12 System Lands administered by the Secretary of Agri13 culture.

14 (3) FEDERAL LANDS.—The term ‘‘Federal lands’’

15 means lands administered by the Secretary of the In16 terior, except Indian lands, or National Forest Sys17 tem Lands administered by the Secretary of Agri18 culture.

19 (4) INDIAN LANDS.—The term ‘‘Indian Lands’’

20 means lands of Indian tribes, or Indian individuals,

21 which are either held in trust by the United States or

22 subject to a restriction against alienation imposed by

23 the United States.

24 (5) STATE.—The term ‘‘State’’ means the 50

25 States, the District of Columbia, the Commonwealth
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1 of Puerto Rico, and any other territory or possession

2 of the United States.

3 (6) PALEONTOLOGICAL RESOURCE.—The term

4 ‘‘paleontological resource’’ means any fossilized re5 mains, traces, or imprints of organisms, preserved in

6 or on the earth’s crust, that are of paleontological in7 terest and that provide information about the history

8 of life on earth, except that the term does not

9 include—

10 (A) any materials associated with an ar11 chaeological resource (as defined in section 3(1)

12 of the Archaeological Resources Protection Act of

13 1979 (16 U.S.C. 470bb(1)); or

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

15 2 of the Native American Graves Protection and

16 Rehabilitation Act (25 U.S.C. 3001)).

17 SEC. 505. MANAGEMENT.

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

19 protect paleontological resources on Federal lands using sci20 entific principles and expertise. The Secretary shall develop

21 appropriate plans for inventory, monitoring, and the sci22 entific and educational use of paleontological resources, in

23 accordance with applicable agency laws, regulations, and

24 policies. These plans shall emphasize interagency coordina25 tion and collaborative efforts where possible with non-Fed-
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1 eral partners, the scientific community, and the general

2 public.

3 (b) COORDINATION OF IMPLEMENTATION.—To the ex4 tent possible, the Secretary of the Interior and the Secretary

5 of Agriculture shall coordinate in the implementation of

6 this title.

7 SEC. 506. PUBLIC AWARENESS AND EDUCATION PROGRAM.

8 The Secretary shall establish a program to increase

9 public awareness about the significance of paleontological

10 resources.

11 SEC. 507. COLLECTION OF PALEONTOLOGICAL RESOURCES.

12 (a) PERMIT REQUIREMENT.—

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

14 title, a paleontological resource may not be collected

15 from Federal lands without a permit issued under

16 this title by the Secretary.

17 (2) CASUAL COLLECTING EXCEPTION.—The Sec18 retary may allow casual collecting without a permit

19 on Federal lands administered by the Bureau of Land

20 Management, the Bureau of Reclamation, and the

21 United States Forest Service, where such collection is

22 not inconsistent with the laws governing the manage23 ment of those Federal lands and this title.
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1 (3) PREVIOUS PERMIT EXCEPTION.—Nothing in

2 this section shall affect a valid permit issued prior to

3 the date of enactment of this title.

4 (b) CRITERIA FOR ISSUANCE OF A PERMIT.—The Sec5 retary may issue a permit for the collection of a paleon6 tological resource pursuant to an application if the Sec7 retary determines that—

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

9 permitted activity;

10 (2) the permitted activity is undertaken for the

11 purpose of furthering paleontological knowledge or for

12 public education;

13 (3) the permitted activity is consistent with any

14 management plan applicable to the Federal lands

15 concerned; and

16 (4) the proposed methods of collecting will not

17 threaten significant natural or cultural resources.

18 (c) PERMIT SPECIFICATIONS.—A permit for the collec19 tion of a paleontological resource issued under this section

20 shall contain such terms and conditions as the Secretary

21 deems necessary to carry out the purposes of this title.

22 Every permit shall include requirements that—

23 (1) the paleontological resource that is collected

24 from Federal lands under the permit will remain the

25 property of the United States;
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1 (2) the paleontological resource and copies of as2 sociated records will be preserved for the public in an

3 approved repository, to be made available for sci4 entific research and public education; and

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

6 the permittee or repository without the written per7 mission of the Secretary.

8 (d) MODIFICATION, SUSPENSION, AND REVOCATION OF

9 PERMITS.—

10 (1) The Secretary may modify, suspend, or re11 voke a permit issued under this section—

12 (A) for resource, safety, or other manage13 ment considerations; or

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

15 condition of a permit issued pursuant to this

16 section.

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

18 working under the authority of the permit is con19 victed under section 509 or is assessed a civil penalty

20 under section 510 of this title.

21 (e) AREA CLOSURES.—In order to protect paleontolog22 ical or other resources and to provide for public safety, the

23 Secretary may restrict access to or close areas under the

24 Secretary’s jurisdiction to the collection of paleontological

25 resources.
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1 SEC. 508. CURATION OF RESOURCES.

2 Any paleontological resource, and any data and

3 records associated with the resource, collected under a per4 mit, shall be deposited in an approved repository. The Sec5 retary may enter into agreements with non-Federal reposi6 tories regarding the curation of these resources, data, and

7 records.

8 SEC. 509. PROHIBITED ACTS; PENALTIES.

9 (a) IN GENERAL.—A person may not—

10 (1) excavate, remove, damage, or otherwise alter

11 or deface or attempt to excavate, remove, damage, or

12 otherwise alter or deface any paleontological resources

13 located on Federal lands unless such activity is con14 ducted in accordance with this title;

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

16 to exchange, transport, export, or receive any paleon17 tological resource if, in the exercise of due care, the

18 person knew or should have known such resource to

19 have been excavated, removed, exchanged, transported,

20 or received from Federal lands in violation of any

21 provisions, rule, regulation, law, ordinance, or permit

22 in effect under Federal law, including this title; or

23 (3) sell or purchase or offer to sell or purchase

24 any paleontological resource if, in the exercise of due

25 care, the person knew or should have known such re26 source to have been excavated, removed, sold, pur-
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1 chased, exchanged, transported, or received from Fed2 eral lands.

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

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

5 any false identification of, any paleontological resource ex6 cavated or removed from Federal lands.

7 (c) PENALTIES.—

8 (1) IN GENERAL.—Except as provided in para9 graphs (2) and (3), a person who knowingly violates

10 or counsels, procures, solicits, or employs another per11 son to violate subsection (a) or (b) shall, upon convic12 tion, be guilty of a class A misdemeanor.

13 (2) DAMAGE OVER $1,000.—If the sum of the sci14 entific or fair market value of the paleontological re15 sources involved and the cost of restoration and repair

16 of such resources exceeds the sum of $1,000, such per17 son shall, upon conviction, be guilty of a class E fel18 ony.

19 (3) MULTIPLE OFFENSES.—In the case of a sec20 ond or subsequent such violation, such person shall,

21 upon conviction, be guilty of a class D felony.

22 (d) GENERAL EXCEPTION.—Nothing in subsection (a)

23 shall apply to any person with respect to any paleontolog24 ical resource which was in the lawful possession of such per25 son prior to the date of the enactment of this title.
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1 SEC. 510. CIVIL PENALTIES FOR VIOLATIONS OF REGULA2 TIONS OR PERMIT CONDITIONS.

3 (a) IN GENERAL.—

4 (1) HEARING.—A person who violates any prohi5 bition contained in an applicable regulation or per6 mit issued under this title may be assessed a penalty

7 by the Secretary after the person is given notice and

8 opportunity for a hearing with respect to the viola9 tion. Each violation shall be considered a separate of10 fense for purposes of this section.

11 (2) AMOUNT OF PENALTY.—The amount of such

12 penalty assessed under paragraph (1) shall be deter13 mined under regulations promulgated pursuant to

14 this title, taking into account the following factors:

15 (A) The scientific or fair market value,

16 whichever is greater, of the paleontological re17 source involved.

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

19 repair of the resource and the paleontological site

20 involved.

21 (C) Any other factors considered relevant by

22 the Secretary assessing the penalty.

23 (3) MULTIPLE OFFENSES.—In the case of a sec24 ond or subsequent violation by the same person, the

25 amount of a penalty assessed under paragraph (2)

26 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 re7 covered.

8 (b) PETITION FOR JUDICIAL REVIEW; COLLECTION OF

9 UNPAID ASSESSMENTS.—Any person against whom an

10 order is issued assessing a penalty under subsection (a) may

11 file a petition for judicial review of the order with an ap12 propriate Federal district court within the 30-day period

13 beginning on the date the order making the assessment was

14 issued. The court shall hear the action on the record made

15 before the Secretary and shall sustain his action if it is

16 supported by substantial evidence on the record considered

17 as a whole.

18 (c) HEARINGS.—Hearings held during proceedings in19 stituted under subsection (a) shall be conducted in accord20 ance with section 554 of title 5, United States Code.

21 (d) USE OF RECOVERED AMOUNTS.—No penalties col22 lected under this section shall be available to the Secretary

23 and without further appropriation may be used only as fol24 lows:
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1 (1) To protect, restore, or repair the paleontolog2 ical resources and sites which were the subject of the

3 action, or to acquire sites with equivalent resources,

4 and to protect, monitor, and study the resources and

5 sites. Any acquisition shall be subject to any limita6 tions contained in the organic legislation for such

7 Federal lands.

8 (2) To provide educational materials to the pub9 lic about paleontological resources and sites.

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

11 provided in section 511.

12 SEC. 511. REWARDS FORFEITURE.

13 (a) REWARDS.—The Secretary may pay from pen14 alties collected under section 509 or 510 of this title an

15 amount equal to the lesser of one-half of the penalty or $500,

16 to any person who furnishes information which leads to the

17 finding of a civil violation, or the conviction of criminal

18 violation, with respect to which the penalty was paid. If

19 several persons provided the information, the amount shall

20 be divided among the persons. No officer or employee of the

21 United States or of any State or local government who fur22 nishes information or renders service in the performance

23 of his official duties shall be eligible for payment under this

24 subsection.
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1 (b) FORFEITURE.—All paleontological resources with

2 respect to which a violation under section 509 or 510 oc3 curred and which are in the possession of any person, and

4 all vehicles and equipment of any person that were used

5 in connection with the violation, may be subject to forfeiture

6 to the United States upon—

7 (1) the person’s conviction of the violation under

8 section 509;

9 (2) assessment of a civil penalty against any

10 person under section 510 with respect to the violation;

11 or

12 (3) a determination by any court that the pale13 ontological resources, vehicles, or equipment were in14 volved in the violation.

15 SEC. 512. CONFIDENTIALITY.

16 Information concerning the nature and specific loca17 tion of a paleontological resource the collection of which re18 quires a permit under this title or under any other provi19 sion of Federal law shall be withheld from the public under

20 subchapter II of chapter 5 of title 5, United States Code,

21 or under any other provision of law unless the responsible

22 Secretary determines that disclosure would—

23 (1) further the purposes of this title;
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1 (2) not create risk of harm to or theft or destruc2 tion of the resource or the site containing the resource;

3 and

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

5 SEC. 513. REGULATIONS.

6 As soon as practical after the date of the enactment

7 of this title, the Secretary shall issue such regulations as

8 are appropriate to carry out this title, providing opportuni9 ties for public notice and comment.

10 SEC. 514. SAVINGS PROVISIONS.

11 Nothing in this title shall be construed to—

12 (1) invalidate, modify, or impose any additional

13 restrictions or permitting requirements on any activi14 ties permitted at any time under the general mining

15 laws, the mineral or geothermal leasing laws, laws

16 providing for minerals materials disposal, or laws

17 providing for the management or regulation of the ac18 tivities authorized by the aforementioned laws includ19 ing but not limited to the Federal Land Policy Man20 agement Act (43 U.S.C. 1701–1784), the Mining in

21 the Parks Act, the Surface Mining Control and Rec22 lamation Act of 1977 (30 U.S.C. 1201–1358), and the

23 Organic Administration Act (16 U.S.C. 478, 482,

24 551);
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1 (2) invalidate, modify, or impose any additional

2 restrictions or permitting requirements on any activi3 ties permitted at any time existing laws and authori4 ties relating to reclamation and multiple uses of the

5 public lands;

6 (3) apply to, or require a permit for, amateur

7 collecting of a rock, mineral, or invertebrate or plant

8 fossil that is not protected under this title;

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

10 affect the lawful recovery, collection, or sale of paleon11 tological resources from lands other than Federal

12 lands;

13 (5) alter or diminish the authority of a Federal

14 agency under any other law to provide protection for

15 paleontological resources on Federal lands in addition

16 to the protection provided under this title; or

17 (6) create any right, privilege, benefit, or entitle18 ment for any person who is not an officer or employee

19 of the United States acting in that capacity. No per20 son who is not an officer or employee of the United

21 States acting in that capacity shall have standing to

22 file any civil action in a court of the United States

23 to enforce any provision or amendment made by this

24 title.
†

27

HR 980 EAS

1 SEC. 515. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated such sums as

3 may be necessary to carry out this title.

Amend the title so as to read: ‘‘An Act to establish

the Moccasin Bend National Archeological District in the

State of Tennessee as a unit of Chickamauga and Chattanooga National Military Park.’’.

Attest:

Secretary.
107TH CONGRESS

2D SESSION H. R. 980

AMENDMENTS