69–006 

110TH CONGRESS REPT. 110–670 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

PALEONTOLOGICAL RESOURCES PRESERVATION ACT 

MAY 22, 2008.—Ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 554] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 554) to provide for the protection of paleontological resources on Federal lands, and for other purposes, having considered the same, report favorably thereon with an amendment and 

recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Paleontological Resources Preservation Act’’. 

SEC. 2. DEFINITIONS. 

As used in this Act: 

(1) CASUAL COLLECTING.—The term ‘‘casual collecting’’ means the collecting of 

a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal use, either by surface collection or the use 

of non-powered hand tools resulting in only negligible disturbance to the Earth’s 

surface and other resources. As used in this paragraph, the terms ‘‘reasonable 

amount’’, ‘‘common invertebrate and plant paleontological resources’’, ‘‘paleontological interest’’, and ‘‘negligible disturbance’’ shall be determined by the Secretary. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior 

with respect to lands controlled or administered by the Secretary of the Interior 

or the Secretary of Agriculture with respect to National Forest System Lands 

controlled or administered by the Secretary of Agriculture. 

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


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(A) lands controlled or administered by the Secretary of the Interior, except Indian lands; or 

(B) National Forest System lands controlled or administered by the Secretary of Agriculture. 

(4) INDIAN LANDS.—The term ‘‘Indian Land’’ means lands of Indian tribes, or 

Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States. 

(5) STATE.—The term ‘‘State’’ means the fifty States, the District of Columbia, 

the Commonwealth of Puerto Rico, and any other territory or possession of the 

United States. 

(6) PALEONTOLOGICAL RESOURCE.—The term ‘‘paleontological resource’’ means 

any fossilized remains, traces, or imprints of organisms, preserved in or on the 

earth’s crust, that are of paleontological interest and that provide information 

about the history of life on earth, except that the term does not include—

(A) any materials associated with an archaeological resource (as defined 

in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 

U.S.C. 470bb(1))); or 

(B) any cultural item (as defined in section 2 of the Native American 

Graves Protection and Repatriation Act (25 U.S.C. 3001)). 

SEC. 3. MANAGEMENT. 

(a) IN GENERAL.—The Secretary shall manage and protect paleontological resources on Federal lands using scientific principles and expertise. The Secretary 

shall develop appropriate plans for inventory, monitoring, and the scientific and 

educational use of paleontological resources, in accordance with applicable agency 

laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public. 

(b) COORDINATION.—To the extent possible, the Secretary of the Interior and the 

Secretary of Agriculture shall coordinate in the implementation of this Act. 

SEC. 4. PUBLIC AWARENESS AND EDUCATION PROGRAM. 

The Secretary shall establish a program to increase public awareness about the 

significance of paleontological resources. 

SEC. 5. COLLECTION OF PALEONTOLOGICAL RESOURCES. 

(a) PERMIT REQUIREMENT.—

(1) IN GENERAL.—Except as provided in this Act, a paleontological resource 

may not be collected from Federal lands without a permit issued under this Act 

by the Secretary. 

(2) CASUAL COLLECTING EXCEPTION.—The Secretary may allow casual collecting without a permit on Federal lands controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, 

where such collection is consistent with the laws governing the management of 

those Federal lands and this Act. 

(3) PREVIOUS PERMIT EXCEPTION.—Nothing in this section shall affect a valid 

permit issued prior to the date of enactment of this Act. 

(b) CRITERIA FOR ISSUANCE OF A PERMIT.—The Secretary may issue a permit for 

the collection of a paleontological resource pursuant to an application if the Secretary determines that—

(1) the applicant is qualified to carry out the permitted activity; 

(2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education; 

(3) the permitted activity is consistent with any management plan applicable 

to the Federal lands concerned; and 

(4) the proposed methods of collecting will not threaten significant natural or 

cultural resources. 

(c) PERMIT SPECIFICATIONS.—A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this Act. Every permit shall include requirements that—

(1) the paleontological resource that is collected from Federal lands under the 

permit will remain the property of the United States; 

(2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and 

(3) specific locality data will not be released by the permittee or repository 

without the written permission of the Secretary. 

(d) MODIFICATION, SUSPENSION, AND REVOCATION OF PERMITS.—


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(1) The Secretary may modify, suspend, or revoke a permit issued under this 

section—

(A) for resource, safety, or other management considerations; or 

(B) when there is a violation of term or condition of a permit issued pursuant to this section. 

(2) The permit shall be revoked if any person working under the authority 

of the permit is convicted under section 7 or is assessed a civil penalty under 

section 8. 

(e) AREA CLOSURES.—In order to protect paleontological or other resources or to 

provide for public safety, the Secretary may restrict access to or close areas under 

the Secretary’s jurisdiction to the collection of paleontological resources. 

SEC. 6. CURATION OF RESOURCES. 

Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The 

Secretary may enter into agreements with non-Federal repositories regarding the 

curation of these resources, data, and records. 

SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES. 

(a) IN GENERAL.—A person may not—

(1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources 

located on Federal lands unless such activity is conducted in accordance with 

this Act; 

(2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if, in the exercise of due care, the 

person knew or should have known such resource to have been excavated or removed from Federal lands in violation of any provisions, rule, regulation, law, 

ordinance, or permit in effect under Federal law, including this Act; or 

(3) sell or purchase or offer to sell or purchase any paleontological resource 

if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal lands. 

(b) FALSE LABELING OFFENSES.—A person may not make or submit any false 

record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal lands. 

(c) PENALTIES.—A person who knowingly violates or counsels, procures, solicits, or 

employs another person to violate subsection (a) or (b) shall, upon conviction, be 

fined in accordance with title 18, United States Code, or imprisoned not more than 

2 years, or both; but if the sum of the commercial and paleontological value of the 

paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 

18, United States Code, or imprisoned not more than one year, or both. In the case 

of a second or subsequent such violation, upon conviction, such person shall be fined 

in accordance with title 18, United States Code, or imprisoned not more than 5 

years, or both. 

(d) GENERAL EXCEPTION.—Nothing in subsection (a) shall apply to any person 

with respect to any paleontological resource which was in the lawful possession of 

such person prior to the date of the enactment of this Act. 

SEC. 8. CIVIL PENALTIES. 

(a) IN GENERAL.—

(1) HEARING.—A person who violates any prohibition contained in an applicable regulation or permit issued under this Act may be assessed a penalty by 

the Secretary after the person is given notice and opportunity for a hearing 

with respect to the violation. Each violation shall be considered a separate offense for purposes of this section. 

(2) AMOUNT OF PENALTY.—The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this 

Act, taking into account the following factors: 

(A) The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary. 

(B) The cost of response, restoration, and repair of the resource and the 

paleontological site involved. 

(C) Any other factors considered relevant by the Secretary assessing the 

penalty. 

(3) MULTIPLE OFFENSES.—In the case of a second or subsequent violation by 

the same person, the amount of a penalty assessed under paragraph (2) may 

be doubled. 


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(4) LIMITATION.—The amount of any penalty assessed under this subsection 

for any one violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus 

double the scientific or fair market value of resources destroyed or not recovered. 

(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 on the date the order making the assessment was issued. Upon notice 

of such filing, the Secretary shall promptly file such 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 30 days—

(A) after the order making 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 of 

the United States for any district in which the person if found, 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 jurisdiction 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 of this paragraph shall be required to pay, 

in addition to such amount and interest, attorneys fees and costs for collection proceedings. 

(c) HEARINGS.—Hearings held during proceedings instituted under subsection (a) 

shall be conducted in accordance with section 554 of title 5, United States Code. 

(d) USE OF RECOVERED AMOUNTS.—Penalties collected under this section shall be 

available to the Secretary and without further appropriation may be used only as 

follows: 

(1) To protect, restore, or repair the paleontological resources and sites which 

were the subject of the action, or to acquire sites with equivalent resources, and 

to protect, monitor, and study the resources and sites. Any acquisition shall be 

subject to any limitations contained in the organic legislation for such Federal 

lands. 

(2) To provide educational materials to the public about paleontological resources and sites. 

(3) To provide for the payment of rewards as provided in section 9. 

SEC. 9. REWARDS AND FORFEITURE. 

(a) REWARDS.—The Secretary may pay from penalties collected under section 7 or 

8 or appropriated funds—

(1) consistent with amounts established in regulations by the Secretary; or 

(2) if no such regulation exists, an amount up to one-half of the penalties, to 

any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty 

was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any 

State or local government who furnishes information or renders service in the 

performance of his official duties shall be eligible for payment under this subsection. 

(b) FORFEITURE.—All paleontological resources with respect to which a violation 

under section 7 or 8 occurred and which are in the possession of any person, and 

all vehicles and equipment of any person that were used in connection with the violation, 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 of title 18, United States Code, shall apply to the seizures and forfeitures incurred or alleged to have incurred under the provisions of 

this Act. 


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(c) TRANSFER OF SEIZED RESOURCES.—The Secretary may transfer administration 

of seized paleontological resources to Federal or non-Federal educational institutions 

to be used for scientific or educational purposes. 

SEC. 10. CONFIDENTIALITY. 

Information concerning the nature and specific location of a paleontological resource shall be exempt from disclosure under section 552 of title 5, United States 

Code, and any other law unless the Secretary determines that disclosure would—

(1) further the purposes of this Act; 

(2) not create 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. 

SEC. 11. REGULATIONS. 

As soon as practical after the date of the enactment of this Act, the Secretary 

shall issue such regulations as are appropriate to carry out this Act, providing opportunities for public notice and comment. 

SEC. 12. SAVINGS PROVISIONS. 

Nothing in this Act shall be construed to—

(1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining 

laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (43 U.S.C. 1701–1784), Public Law 94–429 

(commonly known as the ‘‘Mining in the Parks Act’’) (16 U.S.C. 1901 et seq.), 

the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201–1358), 

and the Organic Administration Act (16 U.S.C. 478, 482, 551); 

(2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal lands; 

(3) apply to, or require a permit for, casual collecting of a rock, mineral, or 

invertebrate or plant fossil that is not protected under this Act; 

(4) affect any lands other than Federal lands or affect the lawful recovery, collection, or sale of paleontological resources from lands other than Federal lands; 

(5) alter or diminish the authority of a Federal agency under any other law 

to provide protection for paleontological resources on Federal lands in addition 

to the protection provided under this Act; or 

(6) create any right, privilege, benefit, or entitlement for any person who is 

not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States 

to enforce any provision or amendment made by this Act. 

SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as may be necessary to carry 

out this Act. 

PURPOSE OF THE BILL

The purpose of H.R. 554 is to provide for the protection of paleontological resources on federal lands and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The Senate Report accompanying the Fiscal Year 1999 Interior 

and Related Agencies Appropriations bill (S. 105–227) noted that, 

‘‘the Committee is aware that no unified federal policy exists’’ regarding management of paleontological resources on federal land 

and that, ‘‘the lack of appropriate standards may lead to the deterioration or loss of these fossils and the permanent loss of a valuable scientific resource.’’ The Committee on Appropriations therefore directed the Secretary of the Interior to develop a report assessing the need for such a unified federal policy. 

In response to this directive, the Secretary submitted a report to 

Congress in May of 2000 entitled Fossils on Federal and Indian 


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Land. The Bureaus of Land Management (BLM), Indian Affairs 

(BIA) and Reclamation (BOR) and the National Park (NPS), Fish 

and Wildlife (FWS) and Forest Services (FS), as well as the United 

States Geological Survey (USGS) and the Smithsonian Institution 

collaborated on the report. The report also includes public comment 

solicited through notices in the Federal Register and a public meeting. H.R 554 incorporates many of the report’s recommendations. 

A version of this legislation has been introduced in the last four 

Congresses and passed the Senate in the 108th and 109th Congresses. 

COMMITTEE ACTION

H.R. 554 was introduced on January 18, 2007 by Representative 

James McGovern (D–MA). The bill was referred to the Committee 

on Natural Resources, and within the Committee to the Subcommittee on National Parks, Forests and Public Lands. The bill 

was also referred to the Committee on Agriculture. 

On April 17, 2007, the Subcommittee held a hearing on the bill. 

The Administration testified in support of H.R. 554 while also suggesting several amendments. On May 14, 2008, the Full Natural 

Resources Committee met to consider the bill. The Subcommittee 

on National Parks, Forests and Public Lands was discharged from 

further consideration of the bill. Subcommittee Chairman Grijalva 

(D–AZ) offered an amendment in the nature of a substitute modifying the possible penalties for violation of the Act and making 

other technical changes suggested by the Administration. The 

Grijalva substitute was adopted by voice vote. H.R. 554, as amended, was then ordered favorably reported to the House of Representatives by voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section provides that the bill may be cited as the ‘‘Paleontological Resources Preservation Act.’’

Section 2. Definitions 

This section defines the significant terms used in H.R. 554, including definitions of which federal lands are covered by the bill. 

Section 2 defines a paleontological resource as ‘‘any fossilized remains, traces, or imprints of organisms preserved in or on the 

earth’s crust.’’ The bill specifically excludes materials associated 

with archeological resources (covered by the Archeological Resources Protection Act; 16 U.S.C. 470bb(1)) or Native American cultural items (covered by the Native American Graves Protection and 

Repatriation Act; 25 U.S.C. 3001). 

Section 3. Management 

This section establishes general management goals for paleontological resources on federal land, including the use of scientific 

expertise and cooperation among federal land management agencies. 


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Section 4. Public awareness and education program 

This section requires the Secretary to establish a program to increase public awareness about the significance of paleontological 

resources. 

Section 5. Collection of paleontological resources 

Section 5(a)(1) specifies that a paleontological resource may not 

be collected from federal lands without a permit issued pursuant 

to this Act. Section 5(a)(2) contains an exception to the permit requirement for ‘‘casual collecting’’ defined in Section 2 of the bill as ‘‘collecting a reasonable amount of common invertebrate and plant 

paleontological resources for noncommercial personal use, either by 

surface collection or the use of non-powered hand tools resulting in 

only negligible disturbance to the Earth’s surface and other resources.’’ Section 5 also specifies the requirements for obtaining a 

permit, the process for modifying a permit and makes clear that 

permits issued prior to enactment of this Act will remain valid. 

Section 6. Curation of resources 

Section 6 requires that paleontological resources collected pursuant to a permit issued under this Act remain the property of the 

federal government and be deposited into a repository approved by 

the Secretary. 

Section 7. Prohibited acts; criminal penalties 

Section 7 specifies those activities which are violations of this Act 

and proscribes criminal penalties for such violations. 

Section 8. Civil penalties 

Section 8 authorizes assessment of civil fines and other penalties 

for knowing violations of this Act and outlines a process for judicial 

review of such penalties. 

Section 9. Rewards and forfeiture 

Section 9 allows the Secretary to offer rewards for information 

leading to conviction for violations of this Act. The Section also authorizes confiscation of all paleontological resources collected in violation of this Act as well as all equipment used in collecting such 

resources and any proceeds from the sale of such resources. 

Section 10. Confidentiality 

This section exempts paleontological resources from federal laws 

requiring public dissemination of information regarding the nature 

and specific location of such resources. 

Section 11. Regulations 

Section 11 requires the Secretary to promulgate regulations implementing this Act. 

Section 12. Savings provisions 

This section clarifies the impact of this Act on other statutes. 

Section 13. Authorization of appropriations 

This section authorizes appropriation of such sums as are necessary to carry out this Act. 


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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that Rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to protect paleontological resources on federal lands. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 554—Paleontological Resources Preservation Act 

H.R. 554 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 

unlawfully collecting or selling paleontological resources. CBO estimates that any budgetary impact of implementing the bill would 

be negligible. 

The bill 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. 

H.R. 554 would prohibit taking or damaging paleontological resources located on federal lands without permission, selling or purchasing such resources, or submitting false documents relating to 

them. By codifying prohibitions against those activities, the bill 

would make it easier for the federal government to prosecute cases 

against violators. CBO expects, however, that any increase in federal costs for law enforcement would be minimal because of the 


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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 H.R. 554 would be 

subject to criminal fines and civil penalties, the federal government 

might collect additional revenues if the bill is enacted. Under existing law, criminal fines are deposited in the Crime Victims Fund 

and spent without further appropriation 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 collected under H.R. 554 would 

be less than $500,000 each year and would be offset by additional 

direct spending. 

On February 12, 2007, CBO transmitted a cost estimate for S. 

320, the Paleontological Resources Preservation Act, as ordered reported by the Senate Committee on Energy and Natural Resources 

on January 31, 2007. The two versions of the legislation are very 

similar, and their estimated costs are the same. 

The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 554 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 


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DISSENTING VIEWS 

Americans have long been collectors of fossils. Thomas Jefferson 

was fascinated by the fossilized bones of mastodons and giant 

sloths and one of his charges to Lewis and Clark on their epic exploration of the American West was to try to discover a living representative of these impressive creatures. Since that time, thanks 

to generations of amateur and professional practitioners of what we 

now call paleontology, we today know a lot more about the many 

species that now remain on the earth only as fossils. The hobbyists 

and scholars who gathered their finds and organized the knowledge 

gained from their discoveries were lucky to have existed before this 

bill becomes law. Their good timing keeps them out of the hands 

of the about to be created corps of fossil police. 

H.R. 554 is a poorly crafted bill that, if vigorously enforced, will 

turn tens of thousands of Americans who, like Jefferson, are amateur paleontologists into felons and will have a chilling effect on paleontological research. Although appropriate legislation could be 

helpful in bringing about uniformity in laws governing paleontological activities on public lands in a way that would encourage scientific research, allow for fossils to be collected before they are destroyed by the elements, protect surrounding lands from unnecessary harm from excavations, protect the ability of both academic 

and non-academic paleontologists to explore for fossils in appropriate areas, establish clear guidelines for public land managers 

and the public to follow and not usurp the duty of Congress to establish such policies legislatively, H.R. 554 fails on all of these 

counts. Paleontological research on our public lands should be encouraged, not punished and regulated with a bureaucratic iron fist 

that H.R. 554 will surely give us. H.R. 554 will most affect those 

who are not full-time paleontologists, those who do it as a hobby 

and some who do it for legitimate profit. H.R. 554 will treat these 

law-abiding Americans as harshly as heroin dealers in some cases. 

Is this the way we want to treat those who have given us many 

of the greatest fossil discoveries? 

H.R. 554 punishes violators using means usually reserved for the 

most heinous crimes. This legislation would subject fossil collectors 

to imprisonment and vehicle forfeiture. The Association of Applied 

Paleontological Sciences in a letter criticizing H.R. 554 stated, ‘‘Our 

government does not need to put scientists in jail and confiscate 

university vans. We can visualize now a group of students unknowingly crossing over an invisible line and ending up handcuffed and 

prosecuted.’’ H.R. 554 contains several provisions that run counter 

to scientific practices and principles. For example, the bill seeks to 

punish offenders by taking into account ‘‘scientific value.’’ There is 

no logical scientific or empirical way to assign a dollar amount to 

scientific value. H.R. 554 also punishes those who falsely identify 

a fossil find, no matter if it is accidental. There is no museum that 


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is free of labeling errors; this is an outrageously unrealistic standard to be met, especially considering that these fossil finds are 

often labeled in remote locations with little to no resources. There 

are no provisions in H.R. 554 for commercial collecting on public 

lands. However one feels about people financially gaining from fossil collecting, everyone acknowledges it plays an important role in 

the paleontology field and most would acknowledge that but for financial gain many discoveries would not have been made. Most 

stunning of all is H.R. 554 creates an incentive for overzealous enforcement by allowing for eminent domain to be used to acquire 

lands using funds from collected penalties. 

We would happily work with the sponsor of H.R. 554 to draft a 

bill that truly addresses the problems that currently exists in regards to paleontological practices on public lands. Many of us represent districts that contain these federal lands and have a personal understanding of the issue that sometimes seems to elude 

representatives without federal lands in their district. We would 

like a bill to reflect the wishes of all of those affected by legislation 

of this type, not just the few. 

DON YOUNG. 

DOUG LAMBORN. 

JOHN J. DUNCAN, Jr. 

BILL SALI. 

ROBERT J. WITTMAN. 

CATHY MCMORRIS RODGERS. 

STEVAN PEARCE. 

MARY FALLIN. 

TOM TANCREDO. 

CHRIS CANNON. 

HARRY E. BROWN. 

LUIS FORTUN ̃ O. 

BILL SHUSTER. 

JEFF FLAKE. 

ADRIAN SMITH. 

ROB BISHOP. 

LOUIE GOHMERT. 

TOM COLE. 

ELTON GALLEGLY. 


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