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 In-
frastructure, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To provide for the collection of fossils on Federal lands,
and for other purposes.
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 ‘‘Fossil Preservation
Act of 1996’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) paleontology, as distinct from archaeology,
is the study of prehistoric, nonhuman life and is
most closely allied with geology and biology;
(2) the science of paleontology is best served by
unimpeded access to fossils and fossil-bearing rocks
in the field;
(3) fossils have scientific, educational, and com-
mercial value;
(4) fossils are accessible on Federal lands, but
the few Federal laws or regulations in existence on
the date of enactment of this Act do not provide for
uniform regulations for their collection;
(5) access to fossils on Federal lands should be
provided to research scientists, educators, amateur
collectors, and commercial entities under proper
guidelines, but collecting decreases the benefit of
Federal lands for the people of the United States if
the collecting—
(A) separates scientifically unique fossils
from their geological and paleontological con-
texts,
(B) removes scientifically unique fossils
from the realm of public education or scientific
study, or
(C) interferes with ongoing excavation by
researchers engaged in permitted studies or ex-
cavations.
(6) scientifically unique fossils, as determined
by the Council, must be deposited in institutions
where there are established research, educational,
and training programs in paleontology.
(b) PURPOSES.—The purposes of this Act are—
(1) to secure, for the present and future benefit
of the people of the United States, the protection,
including collection and preservation, of fossils that
are on Federal lands;
(2) to provide a uniform national policy on fos-
sil collecting on Federal lands that—
(A) enables research scientists, educators,
amateur collectors, and commercial entities to
collect fossils on Federal lands; and
(B) facilitates scientific research and edu-
cation in paleontology;
(3) encourages the collection and preservation
of fossils from Federal lands in order to reduce the
loss of fossils resulting from erosion and theft; and
(4) encourages the identification, preservation
and study of scientifically unique paleontological
specimens and sites on Federal lands in order to in-
crease our understanding of the history of life on
earth.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) FEDERAL LANDS.—(A) The term ‘‘Federal
lands’’ means the lands, other than wilderness, ad-
ministered by the Bureau of Land Management, the
Forest Service, the United States Fish and Wildlife
Service, the Bureau of Reclamation, and the United
States Army Corps of Engineers.
(B) Such term does not include lands held in
trust for the benefit of an Indian tribe or individual
or held by an Indian tribe or individual subject to
a restriction by the United States against alienation,
lands administered by the National Park Service,
lands designated by an Act of Congress as wilder-
ness, and any other Federal lands not specifically in-
cluded by subparagraph (A).
(2) FEDERAL
LAND
MANAGER.—The term
‘‘Federal land manager’’ means the Secretary of the
department or head of the agency or instrumentality
of the United States.
(3) FOSSIL.—The term ‘‘fossil’’ means any nat-
urally occurring remains or trace of plant or animal
life that—
(A) lived prior to the Holocene epoch; and
(B) is not associated with an archaeologi-
cal resource or a cave resource.
(4) ARCHAEOLOGICAL
RESOURCE.—The term
‘‘archaeological resource’’ has the meaning given
such term in section 3(1) of the Archaeological Re-
sources Protection Act of 1979 (16 U.S.C.
470bb(1)).
(5) CAVE
RESOURCE.—The term ‘‘cave re-
source’’ has the meaning given such term in section
3(5) of the Federal Cave Resources Protection Act
(16 U.S.C. 4302(5)).
(6) COUNCIL.—The term ‘‘Council’’ means the
National Fossil Council established by section 9.
(7) DIRECTOR.—The term ‘‘Director’’ means
the Director of the United States Geological Survey.
(8) SUITABLE
PALEONTOLOGICAL
INSTITU-
TION.—An institution is a suitable paleontological
institution if the institution is a nonprofit public or
private organization, including a college, university,
Federal or State repository, or museum—
(A) with a research, educational, or curato-
rial program in paleontology; and
(B) with open access to appropriate
records for the specimens collected under these
permits for research and education.
SEC. 4. MANAGEMENT OF FOSSILS ON FEDERAL LANDS.
(a) FEDERAL LANDS OPEN TO FOSSIL COLLECT-
ING.—Except as otherwise provided in this section, all
Federal lands shall be open to fossil collecting, as follows:
all Federal lands shall be open to fossil collecting by recon-
naissance without a permit, except for those lands des-
ignated as requiring such a permit pursuant to subsection
(c)(1)(B), and all Federal lands shall be open to fossil col-
lecting by quarrying pursuant to a permit.
(b) DUTY TO MANAGE SEPARATELY FROM ARCHAE-
OLOGICAL RESOURCE.—Each Federal land manager, in
consultation with the Council, shall manage fossils sepa-
rately from archaeological resources, cave resources, and
cultural resources, but in conjunction with the natural re-
sources within the jurisdiction of the Federal land man-
ager.
(c) TYPES OF COLLECTING AND WHETHER NOTICE
OR A PERMIT IS REQUIRED.—Collecting fossils from Fed-
eral lands shall be conducted in accordance with the fol-
lowing:
(1) RECONNAISSANCE.—
(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), collecting fossils
from the surface is not subject to advance no-
tice to a Federal land manager or the issuance
of a permit. Such collecting is reconnaissance
collecting and—
(i) results in surface disturbance of
less than two square meters of the earth;
(ii) involves picking up loose speci-
mens on weathered rock surfaces;
(iii) may involve the use of simple
hand tools (such as hammers, chisels, pry
bars, and rakes);
(iv) does not involve the use of power
tools, explosives, or mechanized equipment
of any kind; and
(v) does not pose potential for signifi-
cant disturbance of sites of ongoing sci-
entific research and other important re-
sources, including endangered species, cul-
tural resources, archaeological resources,
cave resources, wilderness, or areas of crit-
ical environmental concern.
(B) EXCEPTION.—A permit is required for
reconnaissance collecting from those Federal
lands under the jurisdiction of the Federal land
manager which the Federal land manager may
designate in accordance with the guidelines de-
veloped by the Council under section 9. The
Federal land manager shall publish in the Fed-
eral Register notice of each area for which a
permit is required for reconnaissance collecting
and shall post in each such area appropriate
notice of reconnaissance collecting permit re-
quirements.
(C) NOTICE BY GROUPS.—Advance notice
of not less than seven days is required for re-
connaissance collecting by groups comprised of
more than 10 persons.
(2) QUARRYING.—Fossil collection by quarrying
means the collection of fossils by means other than
reconnaissance collecting. Collecting fossils through
quarrying may only be conducted pursuant to a per-
mit and advance notice.
(d) DETERMINATION OF SCIENTIFICALLY UNIQUE.—
The Federal land manager, in consultation with the Chair
of the Council, shall determine whether a fossil is scientif-
ically unique in accordance with regulations promulgated
under section 10, except with respect to commercial per-
mits. In the case of a commercial permit, the determina-
tion of scientifically unique shall be made by the Council.
(e) APPEALS.—
(1) AGENCY PROCESS.—Except as provided by
paragraph (2), administrative appeals of a Federal
land manager’s decision under this Act shall be
made in accordance with the appeals process, if any,
established by the agency concerned.
(2) COUNCIL.—An appeal of a Federal land
manager’s decision under this subsection (d) may be
made to the Council in accordance with regulations
promulgated under section 10.
SEC. 5. PERMITS.
(a) GENERAL AUTHORITY.—
(1) ISSUANCE.—The Federal land manager
shall issue permits under such terms and conditions
as the Federal land manager may impose—
(A) for reconnaissance collecting under
section 4(c)(1) from those lands which the Fed-
eral land manager designates in accordance
with the guidelines developed by the Council
under section 9; and
(B) for the discovery, quarrying, and re-
moval of fossils under section 4(c)(2) that are
located on lands under the jurisdiction of the
Federal land manager, including activity associ-
ated with such quarrying.
(2) LIMITATION.—Commercial permits may not
be issued under this section for the quarrying or re-
moval of a scientifically unique find, as determined
by the Council.
(3) PERIOD TO CONSIDER APPLICATION.—Per-
mits shall be issued or denied within a reasonable
time, but no later than 90 days after a permit appli-
cation is received, unless extended by written notice
of the Federal land manager to allow compliance
with this Act.
(4) CONTENTS OF PERMIT APPLICATION.—An
application for a permit under this section shall con-
tain—
(A) a general description of the area in
which collecting activity is to occur and, when
applicable, the purpose of the proposed quarry;
(B) the beginning and ending dates of
work and list of tools for the proposed activity;
(C) the identity and qualifications of the
individuals responsible for carrying out the
terms and conditions of the permit;
(D) in the case that the permit is for col-
lecting fossils for educational purposes, the
agreement of the applicant to the conditions
specified in subsection (b);
(E) in the case that the permit is for col-
lecting fossils for scientific purposes, the agree-
ment of the applicant to the conditions specified
in subsection (c);
(F) in the case that the permit is for col-
lecting fossils for sale, barter, or exchange, the
agreement of the applicant to the conditions
specified in subsection (d); and
(G) the applicant submits in writing quali-
fications and relevant proof of experience that
are in compliance with the guidelines estab-
lished by the Federal land manager and are ap-
propriate for the type of permit applied for.
(b) EDUCATIONAL COLLECTING PERMITS.—A permit
for collecting fossils from Federal lands for educational
purposes shall be issued pursuant to an application under
subsection (a) if—
(1) the applicant agrees to deposit all scientif-
ically unique fossils, records, and data associated
with such collecting in a suitable paleontological in-
stitution and to carry out the permitted activity pri-
marily for the purpose of public education;
(2) the applicant has a letter of agreement from
a suitable paleontological institution; and
(3) the Federal land manager determines that
the activity is consistent with any management plan
applicable to the Federal lands concerned.
(c) SCIENTIFIC COLLECTING PERMITS.—A permit
for collecting fossils from Federal lands for scientific pur-
poses shall be issued pursuant to an application under
subsection (a) if—
(1) the applicant agrees to deposit all scientif-
ically unique fossils, records, and data associated
with such collecting in a suitable paleontological in-
stitution and to carry out the permitted activity pri-
marily for the purpose of scientific research, public
education, or public display;
(2) the applicant has a letter of agreement from
a suitable paleontological institution; and
(3) the Federal land manager determines that
the activity is consistent with any management plan
applicable to the Federal lands concerned.
(d) COMMERCIAL COLLECTING PERMITS.—A permit
for collecting fossils from Federal lands for sale, barter,
or exchange shall be issued pursuant to an application
under subsection (a) if—
(1) the applicant agrees—
(A) that the fossils to be extracted are for
a commercial purpose;
(B) to pay fees established in accordance
with section 6;
(C) to deposit the paleontological records
and data associated with the commercial quar-
rying with the United States Geological Survey;
(D) to report any unanticipated discoveries
made under the commercial permit to the agen-
cy issuing the permit and that scientifically
unique finds will be property of the United
States and will be deposited in a suitable pale-
ontological institution; and
(E) to file a final report with the permit
granting agency describing all quarried mate-
rials;
(2) the Federal land manager determines that
the activity is consistent with any management plan
applicable to the Federal lands concerned; and
(3) the permit application has been reviewed by
the Federal land manager in consultation with the
Chair of the Council.
(e) SUSPENSION AND REVOCATION OF PERMITS.—
(1) SUSPENSION.—The Federal land manager
may suspend a permit issued under this section if
the Federal land manager determines that the hold-
er of the permit has intentionally violated any of the
terms of the permit or intentionally engaged in an
act for which a civil penalty may be imposed under
section 8.
(2) REVOCATION.—The Federal land manager
may revoke a permit issued under this section if the
holder of the permit is assessed a civil penalty under
section 8.
(3) PROTECTION OF RIGHTS.—Before suspend-
ing a permit under paragraph (1) or revoking a per-
mit under paragraph (2), the Federal land manager
shall provide the permittee with notice and an oppor-
tunity for a hearing on the record in accordance
with section 554 of title 5, United States Code.
(f) PERMITS ISSUED UNDER ANTIQUITIES ACT OF
1906.—
(1) NEW PERMITS.—No permit or other per-
mission shall be required under the Act entitled ‘‘An
Act for the Preservation of American Antiquities’’,
approved June 8, 1906 (16 U.S.C. 431 et seq.), for
any activity for which a permit is issued under this
section.
(2) PREVIOUS
PERMITS.—Any permit issued
under such Act prior to the date of enactment of
this Act shall remain in effect according to the
terms and conditions of the permit. No permit under
this Act shall be required to carry out any activity
under a permit issued under such Act prior to the
date of enactment of this Act. Nothing in this Act
shall be construed to modify or affect a permit is-
sued under such Act prior to the date of enactment
of this Act.
SEC. 6. FEES AND ROYALTIES FOR COMMERCIAL COLLECT-
ING.
(a) GENERAL AUTHORITY.—The Federal land man-
ager shall establish and collect fees relating to the com-
mercial collection of fossils subject to this Act. The fee
shall be determined by the Secretary on a permit-by-per-
mit basis and shall be sufficient to cover the cost to the
Secretary of issuing a permit under section 5 and shall
be based on the amount of surface disturbance which oc-
curs under the permit and the location of the collection
activity.
(b) ROYALTY.—A permit for commercial collecting
shall require payment of a royalty on the fair market value
of each fossil removed under the permit. The amount of
the royalty shall be determined by the Council as a per-
centage of the value of the fossil on the basis of what a
willing buyer would pay a willing seller in an arms length
transaction.
(c) USE OF AMOUNTS COLLECTED.—Amounts col-
lected by a Federal land manager under this section shall
be retained by the Federal land manager and used without
further appropriation in the area with respect to which
the amount was generated for the purpose of carrying out
the paleontological program of the Federal land manager.
SEC. 7. OWNERSHIP AND CUSTODY OF FOSSILS.
(a) IN GENERAL.—Except as provided by subsection
(b), fossils collected pursuant to this Act are the property
of the collector—
(1) without restriction if collected under the
provisions of this Act where no permit is required;
and
(2) are subject to the terms and conditions
agreed to by the collector in connection with the is-
suance of a permit under this Act if collected pursu-
ant to the permit.
(b) EXCEPTION.—Fossils collected pursuant to a
commercial collecting permit under section 5(c) which are
scientifically unique, as determined by the Council, are the
property of the United States and shall be placed into cus-
tody with the Director of the United States Geological
Survey. This paragraph applies with respect to a fossil re-
gardless of when the determination of scientifically unique
is made.
(c) AUTHORITY OF UNITED STATES TO DISPOSE OF
FOSSILS.—The Director of the United States Geological
Survey may sell, exchange, loan, or donate any fossil
placed into the custody of the Director under subsection
(b).
(d) MODIFICATION
OR
REMOVAL
OF
RESTRIC-
TIONS.—
(1) APPLICATION TO COUNCIL.—The collector
of a fossil pursuant to a permit issued under this
Act may apply to the Council for the modification or
removal of restrictions relating to fossils collected
under this Act.
(2) STANDARD.—The Council may modify or
remove the restrictions, as the Council determines
appropriate, if the Council determines that such
modification or removal is necessary to better
achieve an educational or scientific purpose of the
collector.
SEC. 8. CIVIL PENALTIES.
(a) AUTHORITY.—The Federal land manager may as-
sess a civil penalty of more than $1,000 but not more than
$100,000 against any person who—
(1) willfully violates any provision of this Act,
permit issued under this Act, or rule or regulation
promulgated by the Federal land manager pursuant
to this Act, including quarrying, removing, damag-
ing, or otherwise altering or defacing, or attempting
to quarry, remove, damage, or otherwise alter or de-
face, a fossil located on Federal land in violation of
this Act or a permit issued under this Act;
(2) knowingly sells, purchases, exchanges,
transports, receives, or offers to sell, purchase, or
exchange a fossil if the fossil was quarried or re-
moved from Federal lands in violation of paragraph
(1) or in violation of a law, ordinance, or permit in
effect under any other provision of Federal law;
(3) submits false, inaccurate, or misleading in-
formation on any application for a permit issued
pursuant to this Act; or
(4) fails to make or file any report required by
this Act.
(b) MITIGATION OF PENALTY.—The Secretary may
compromise, modify, or remit, with or without conditions,
any civil penalty which may be imposed under this sub-
section.
(c) INTEREST.—