I
107TH CONGRESS
1ST SESSION
H. R. 2974
To provide for the protection of paleontological resources on Federal lands,
to promote the systematic compilation of baseline paleontological resource
data, science-based decisionmaking, and accurate public education, to
provide for a unified management policy regarding paleontological re-
sources on Federal lands, to promote legitimate public access to fossil
resources on Federal lands, to encourage informed stewardship of the
resources through educational, recreational, and scientific use of the
paleontological resources on Federal lands, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 2, 2001
Mr. MCGOVERN (for himself, Mr. SOUDER, Mr. TIAHRT, Mr. COYNE, Mrs.
TAUSCHER, and Mr. GEORGE MILLER of California) introduced the fol-
lowing bill; which was referred to the Committee on Resources
A BILL
To provide for the protection of paleontological resources
on Federal lands, to promote the systematic compilation
of baseline paleontological resource data, science-based
decisionmaking, and accurate public education, to provide
for a unified management policy regarding paleontolog-
ical resources on Federal lands, to promote legitimate
public access to fossil resources on Federal lands, to
encourage informed stewardship of the resources through
educational, recreational, and scientific use of the paleon-
tological resources on Federal lands, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Paleontological Re-
sources Preservation Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Federal lands are a valuable resource of the
people of the United States.
(2) Each individual who uses Federal lands—
(A) is exercising both a right and a privi-
lege; and
(B) must accept the responsibility of care-
ful stewardship of the land and its resources so
that the privilege can be exercised by future
generations.
(3) Paleontological resources are nonrenewable.
Such resources on Federal lands are an accessible
and irreplaceable part of the heritage of the United
States and offer significant educational opportunities
to all citizens.
(4) Current Federal laws, statutes, and other
provisions that regulate access to paleontological re-
sources are not articulated in a single omnibus pol-
icy for Federal land management agencies and the
public.
(5) A unified national policy is needed to im-
prove scientific understanding and Federal manage-
ment of ancient ecosystems, to promote responsible
stewardship, and to facilitate the enhancement of re-
sponsible paleontological collecting activities on Fed-
eral lands.
(6) A mechanism to encourage cooperation and
to exchange information among Federal agencies,
paleontologists, and the public should be adopted.
(7) Increased awareness and enjoyment of pale-
ontological resources by children and young adults
should be fostered.
(8) Consistent with the statutory provisions ap-
plicable to each Federal land management system,
reasonable access to paleontological resources on
Federal lands should be provided for scientific, edu-
cational, and recreational purposes.
(9) Fossil collecting activities by the public, in-
cluding amateur paleontologists and volunteers, have
contributed a wealth of information to the science of
paleontology. Such collecting should be encouraged
and facilitated, where appropriate.
(10) Some paleontological resources, including
all vertebrate fossils, are rare and should only be col-
lected under a permit.
(11) Those paleontological resources collected
under permit should remain the property of the
United States and should be placed in approved re-
positories, including museums, universities, colleges,
and other educational institutions, for scientific re-
search and public education.
(12) Release of information on the location of
fossils collected under permit can result in irrep-
arable harm to the resource and therefore should be
limited to purposes that ensure resource protection.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To establish, to the extent practicable, a
unified policy for Federal land management agencies
for 
preserving 
and 
managing 
paleontological
resources—
(A) consistent with the protection of sci-
entifically and educationally significant or rare
paleontological resources;
(B) consistent with the specific mandate of
each Federal agency; and
(7) To provide for the dissemination of knowl-
edge to the general public about the scientific and
educational value of paleontological resources.
(8) To ensure that amateur collecting of rocks,
minerals, and invertebrate and plant fossils on Fed-
eral lands is not affected by this Act.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) CASUAL COLLECTING.—The term ‘‘casual
collecting’’ means the collecting of a reasonable
amount of paleontological resources for noncommer-
cial use with the use of nonpowered hand tools re-
sulting in negligible disturbance to the Earth’s sur-
face.
(2) FEDERAL
LAND
MANAGER.—The term
‘‘Federal land manager’’ means the Secretary of the
department, or the head of any other agency or in-
strumentality of the United States, having primary
management authority over Federal lands.
(3) FEDERAL
LANDS.—The term ‘‘Federal
lands’’ means lands owned, administered, or con-
trolled by the Federal Government, except Indian
lands.
(4) INDIAN LANDS.—The term ‘‘Indian lands’’
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) PERSON.—The term ‘‘person’’ includes an
individual, corporation, partnership, trust, institu-
tion, association, any other private entity, an officer,
employee, agent, department, or instrumentality of
the United States, an Indian tribe, and a State or
political subdivision of a State.
(6) STATE.—The term ‘‘State’’ means the sev-
eral States, the District of Columbia, the Common-
wealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the United States Virgin
Islands, Guam, American Samoa, and any other ter-
ritory or possession of the United States.
(7) PALEONTOLOGICAL
RESOURCE.—(A) The
term ‘‘paleontological resource’’ means any remains,
traces, or imprints of organisms, preserved in or on
the Earth’s crust, which are of paleontological inter-
est.
(B) The term ‘‘paleontological resource’’ does
not include any materials associated with an archeo-
logical resource (as defined in section 3(1) of the Ar-
chaeological Resources Protection Act of 1979 (16
U.S.C. 470bb(1)).
SEC. 5. MANAGEMENT.
Federal land managers shall manage and protect pa-
leontological resources on Federal land using scientific
principles and expertise, develop appropriate plans for in-
ventory, monitoring, and the scientific and educational use
of paleontological resources, in accordance with agency
missions. These plans shall emphasize interagency coordi-
nation and collaborative efforts where possible with non-
Federal partners, the scientific community, and the gen-
eral public.
SEC. 6. PUBLIC AWARENESS AND EDUCATION PROGRAM.
Each Federal land manager responsible for paleon-
tological resources shall establish a program to increase
public awareness about the significance of paleontological
resources and the need to preserve and provide access to
those resources.
SEC. 7. COLLECTION OF PALEONTOLOGICAL RESOURCES.
(a) PERMIT REQUIREMENT.—
(1) IN GENERAL.—Except as provided in this
subsection, a person may not collect a paleontolog-
ical resource from Federal land without a permit
issued under this Act by the responsible Federal
land manager.
(2) CASUAL
COLLECTING
EXCEPTION.—The
Secretary, the Director, or any other Federal land
manager, with the exception of a Federal land man-
ager of land under the jurisdiction of the National
Park Service, may allow casual collecting of abun-
dant invertebrate and plant paleontological re-
sources, for scientific, educational, and recreational
uses, without a permit, where such collection is not
inconsistent with the laws governing the manage-
ment of those Federal lands and this Act. A deter-
mination by the Secretary, the Director, or a Fed-
eral land manager regarding whether an action con-
stitutes casual collecting shall be final.
(3) PREVIOUS PERMIT EXCEPTION.—Any per-
mit authorizing the collection of a paleontological re-
source in a specific area issued under any Act prior
to the date of the enactment of this Act shall remain
in effect according to the terms and conditions of
that permit, without the permittee being required to
obtain a permit for such resource under this Act.
(b) CRITERIA FOR ISSUANCE OF A PERMIT.—A per-
mit for the collection of a paleontological resource may be
issued pursuant to an application if the Federal land man-
ager 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 in
the public interest 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 col-
lection of a paleontological resource issued under this sec-
tion shall contain such terms and conditions, pursuant to
regulations promulgated under this Act, as the Federal
land manager 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 resource and copies of associated pale-
ontological records will be preserved for the public in
an approved repository, to be made available for sci-
entific research and public education; and
(3) specific locality data will not be released by
the permittee or repository without the written per-
mission of the Federal land manager.
(d) MODIFICATION, SUSPENSION, AND REVOCATION
OF PERMITS.—
(1) IN GENERAL.—The Federal land manager
may modify, suspend, or revoke a permit—
(A) for resource, safety, or other manage-
ment considerations; or
(B) when there is a violation of a term or
condition of a permit issued pursuant to this
section.
(2) MANDATORY
REVOCATION.—The permit
shall be revoked if any person working under the au-
thority of the permit is convicted under section 9 or
is assessed a civil penalty under section 10.
(e) AREA CLOSURES.—In order to protect paleon-
tological resources or other resources and to provide for
public safety, Federal land managers may restrict access
to or close areas under their jurisdiction to the collection
of paleontological resources.
SEC. 8. CURATION OF RESOURCES.
Any paleontological resource, and any data and
records associated with the resource, collected under a per-
mit, shall be deposited in an approved repository. Federal
land managers may enter into agreements with non-Fed-
eral repositories regarding the curation of these resources,
data, and records.
SEC. 9. PROHIBITED ACTS; PENALTIES.
(a) IN GENERAL.—A person may not—
(1) excavate, remove, damage, or otherwise
alter or deface or attempt to excavate, remove, dam-
age, or otherwise alter or deface any paleontological
resources located on Federal lands unless such activ-
ity is conducted in compliance with this Act;
(2) exchange, transport, export, receive, or offer
to exchange, transport, export, or receive any pale-
ontological resource if such resource was excavated,
removed, exchanged, transported, or received from
Federal lands in violation of any provision, rule, reg-
ulation, 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 such resource was ex-
cavated, removed, sold, purchased, exchanged, trans-
ported, 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.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), a person who intentionally vio-
lates or counsels, procures, solicits, or employs an-
other person to violate subsection (a) or (b) shall,
upon conviction, be guilty of a class A misdemeanor.
(2) DAMAGE OVER $1,000.—If the sum of the
scientific or fair market value of the paleontological
resources involved and the cost of restoration and
repair of such resources exceeds the sum of $1,000,
such person shall, upon conviction, be guilty of a
class E felony.
(3) MULTIPLE OFFENSES.—In the case of a
second or subsequent such violation, such person
shall, upon conviction, be guilty of a class D felony.
(d) GENERAL EXCEPTION.—Nothing in subsection
(a) shall apply to any person with respect to any paleon-
tological resource which was in the lawful possession of
such person prior to the date of the enactment of this Act.
SEC. 10. CIVIL PENALTIES FOR VIOLATIONS OF REGULA-
TIONS OR PERMIT CONDITIONS.
(a) IN GENERAL.—
(1) HEARING.—A person who violates any pro-
hibition contained in an applicable regulation or per-
mit issued under this Act may be assessed a penalty
by the Federal land manager concerned 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 re-
source involved.
(B) The cost of response, restoration, and
repair of the resource and the paleontological
site involved.
(C) Any other factors considered relevant
by the Federal land manager assessing the pen-
alty.
(3) MULTIPLE OFFENSES.—In the case of a
second or subsequent violation, the amount of a pen-
alty assessed under paragraph (2) may be double the
amount assessed for a violation were the first viola-
tion by the person.
(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.
(5) PERMIT EXCEPTION.—No penalty shall be
assessed under this section for the removal of a pale-
ontological resource permitted in accordance with
this Act.
(b) PETITION FOR JUDICIAL REVIEW; COLLECTION
OF UNPAID ASSESSMENTS.—
(1) IN GENERAL.—Any person against whom
an order is issued assessing a penalty under sub-
section (a) may file a petition for judicial review of
the order with an appropriate Federal district court
within the 30-day period beginning on the date the
order making the assessment was issued. The court
shall hear the action on the record made before the
Federal land manager and shall sustain his action if
it is supported by substantial evidence on the record
considered as a whole.
(2) CIVIL ACTION MAY BE FILED FOR FAILURE
TO PAY PENALTY.—If any person fails to pay a pen-
alty assessed under this section—
(A) after the order making the assessment
has become final and the person has not filed
a petition for judicial review of the order in ac-
cordance with paragraph (1); or
(B) after a court in an action brought
under paragraph (1) has entered a final judg-
ment upholding the assessment of the penalty,
then the appropriate Federal land manager may re-
quest the Attorney General to institute a civil action
in a district court of the United States for any dis-
trict in which the person is found, resides, or trans-
acts business, to collect the penalty. The district
court shall have jurisdiction to hear and decide any
such action. In such action, the validity and amount
of such penalty shall not be subject to review.
(c) HEARINGS.—Hearings held during proceedings
instituted under subsection (a) shall be conducted in ac-
cordance with section 554 of title 5, United States Code.
The appropriate Federal land manager may issue sub-
poenas for the attendance and testimony of witnesses and
the production of relevant papers, books, and documents;
and administer oaths. Witnesses summoned shall be paid
the same fees and mileage that are paid to witnesses in
the courts of the United States. In the case of contumacy
or refusal to obey a subpoena served upon any person pur-
suant to this subsection, the district court of the United
States for any district in which the person is found, re-
sides, or transacts business, upon application by the
United States and after notice to the person, shall have
jurisdiction to issue an order requiring the person to ap-
pear and give testimony before the Federal land manager
or to appear and produce documents before the Federal
land manager, or both, and any failure to obey the order
of the court may be punished by the court as contempt
thereof.
(d) USE OF RECOVERED AMOUNTS.—Any penalties
collected under this section shall be available to the Fed-
eral land manager and without further congressional ac-
tion may be used only as follows:
(1) To protect, restore, or repair the paleon-
tological resources and sites which were the subject
of the action, or to acquire sites with equivalent re-
sources, and to protect, monitor, and study the re-
sources 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) As a reward in accordance with section 11
of this Act.
SEC. 11. REWARDS; FORFEITURE.
(a) REWARDS.—Upon certification of the Federal
land manager, the Secretary of the Treasury shall pay
from penalties collected under section 9 or 10 of this Act
an amount equal to the lesser of one-half of the penalty
or $500, 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 9 or 10 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, may be subject to forfeiture
to the United States upon—
(1) the person’s conviction of the violation
under section 9;
(2) assessment of a civil penalty against any
person under section 10 with respect to the viola-
tion; or
(3) a determination by any court that the pale-
ontological resources, vehicles, or equipment were in-
volved in the violation.
(c) TRANSFER OF SEIZED RESOURCES.—The Fed-
eral land manager is authorized to transfer ownership or
administration of seized paleontological resources to Fed-
eral or non-Federal institutions to be used for educational
purposes.
SEC. 12. CONFIDENTIALITY.
Information concerning the nature and specific loca-
tion of a paleontological resource the collection of which
requires a permit under this Act or under any other provi-
sion of Federal law shall be withheld from the public under
subchapter II of chapter 5 of title 5, United States Code,
or under any other provision of law unless the responsible
Federal land manager determines that disclosure would—
(1) further the purposes of this Act;
(2) not create risk of harm to or theft or de-
struction of the resource or the site containing the
resource; and
(3) be in accordance with other applicable laws.
SEC. 13. REGULATIONS.
(a) ISSUANCE.—Not later than 2 years after the date
of the enactment of this Act, the Secretary of the Interior,
the Secretary of Agriculture, the Secretary of Defense,
and the Chairman of the Board of the Tennessee Valley
Authority, after consultation with other Federal land man-
agers and representatives of concerned State agencies, and
after public notice and hearing, shall issue such regula-
tions as are appropriate to carry out this Act.
(b) EFFECTIVE DATE.—A regulation issued pursuant
to subsection (a) shall not take effect until 90 days after
the date of issuance of the regulation.
SEC. 14. SAVINGS PROVISIONS.
Nothing in this Act shall be construed to—
(1) invalidate, modify, or impose additional re-
strictions on any activities permitted under the gen-
eral mining laws, or the mineral leasing, geothermal
leasing, and mineral materials disposal laws;
(2) apply to, or require a permit for, amateur
collecting of a rock, mineral, or invertebrate or plant
fossil that is not protected under this Act;
(3) affect any lands other than Federal lands or
affect the lawful recovery, collection, or sale of pale-
ontological resources from lands other than Federal
lands;
(4) alter or diminish the authority of a Federal
agency under any other law to provide protection for
paleontological resources on Federal lands in addi-
tion to the protection provided under this Act; or
(5) create any right, privilege, benefit, or enti-
tlement for any person who is not an officer or em-
ployee 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.
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