In the Senate of the United States,
November 20 (legislative day, November 19), 2002.
Resolved, That the bill from the House of Representa-
tives (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 fol-
lowing
AMENDMENTS:
Strike out all after the enacting clause and insert:
TITLE I—MOCCASIN BEND NA-
TIONAL ARCHEOLOGICAL DIS-
TRICT.
SEC 101. SHORT TITLE.
This title may be cited as the ‘‘Moccasin Bend Na-
tional Archeological District Act’’.
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SEC. 102. DEFINITIONS.
As used in this title:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(2) ARCHEOLOGICAL DISTRICT.—The term ‘‘ar-
cheological district’’ means the Moccasin Bend Na-
tional Archeological District.
(3) STATE.—The term ‘‘State’’ means the State
of Tennessee.
(4) MAP.—The term ‘‘Map’’ means the map enti-
tled ‘‘Boundary Map, Moccasin Bend National Ar-
cheological District’’, numbered 301/80098, and dated
September 2002.
SEC. 103. ESTABLISHMENT.
(a) IN GENERAL.—In order to preserve, protect, and
interpret for the benefit of the public the nationally signifi-
cant archeological and historic resources located on the pe-
ninsula known as Moccasin Bend, Tennessee, there is estab-
lished as a unit of Chickamauga and Chattanooga National
Military Park, the Moccasin Bend National Archeological
District.
(b) BOUNDARIES.—The archeological district shall
consist of approximately 780 acres generally depicted on
the Map. The Map shall be on file and available for public
inspection in the appropriate offices of the National Park
Service, Department of the Interior.
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(c) ACQUISITION OF LAND AND INTERESTS IN LAND.—
(1) IN GENERAL.—The Secretary may acquire by
donation, purchase from willing sellers using donated
or appropriated funds, or exchange, lands and inter-
ests in lands within the exterior boundary of the ar-
cheological district. The Secretary may acquire the
State, county and city-owned land and interests in
land for inclusion in the archeological district only by
donation.
(2) EASEMENT OUTSIDE BOUNDARY.—To allow
access between areas of the archeological district that
on the date of enactment of this title are noncontig-
uous, the Secretary may acquire by donation or pur-
chase from willing owners using donated or appro-
priated funds, or exchange, easements connecting the
areas generally depicted on the Map.
SEC. 104. ADMINISTRATION.
(a) IN GENERAL.—The archeological district shall be
administered by the Secretary in accordance with this title,
with laws applicable to Chickamauga and Chattanooga Na-
tional Military Park, and with the laws generally applica-
ble to units of the National Park System.
(b) COOPERATIVE AGREEMENT.—The Secretary may
consult and enter into cooperative agreements with cul-
turally affiliated federally recognized Indian tribes, govern-
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mental entities, and interested persons to provide for the
restoration, preservation, development, interpretation, and
use of the archeological district.
(c) VISITOR INTERPRETIVE CENTER.—For purposes of
interpreting the historical themes and cultural resources of
the archeological district, the Secretary may establish and
administer a visitor center in the archeological district.
(d) GENERAL MANAGEMENT PLAN.—Not later than 3
years after funds are made available for this purpose, the
Secretary shall develop a general management plan for the
archeological district. The general management plan shall
describe the appropriate protection and preservation of nat-
ural, cultural, and scenic resources, visitor use, and facility
development within the archeological district consistent
with the purposes of this title, while ensuring continued ac-
cess to private landowners to their property.
SEC. 105. REPEAL OF PREVIOUS ACQUISITION AUTHORITY.
The Act of August 3, 1950 (Chapter 532; 16 U.S.C.
424a–4), is repealed.
TITLE 
II—FORT 
BAYARD 
NA-
TIONAL HISTORIC LANDMARK
ACT.
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Fort Bayard National
Historic Landmark Act’’.
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SEC. 202. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) Fort Bayard, located in southwest New Mex-
ico, was an Army post from 1866 until 1899, and
served an important role in the settlement of New
Mexico;
(2) among the troops stationed at the fort were
several ‘‘Buffalo Soldier’’ units who fought in the
Apache Wars;
(3) following its closure as a military post, Fort
Bayard was established by the War Department as a
general hospital for use as a military sanatorium;
(4) in 1965 the State of New Mexico assumed
management of the site and currently operates the
Fort Bayard State Hospital;
(5) the Fort Bayard historic site has been listed
on the National Register of Historic Places in rec-
ognition of the national significance of its history,
both as a military fort and as an historic medical fa-
cility.
SEC. 203. FORT BAYARD NATIONAL HISTORIC LANDMARK.
(a) DESIGNATION.—The Fort Bayard Historic Dis-
trict in Grant County, New Mexico, as listed on the Na-
tional Register of Historic Places, is hereby designated as
the Fort Bayard National Historic Landmark.
(b) ADMINISTRATION.
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(1) Consistent with the Department of the Inte-
rior’s regulations concerning National Historic Land-
marks (36 C.F.R. Part 65), designation of the Fort
Bayard Historic District as a National Historic
Landmark shall not prohibit under Federal law or
regulations any actions which may otherwise be taken
by the property owner with respect to the property.
(2) Nothing in this title shall affect the adminis-
tration of the Fort Bayard Historic District by the
State of New Mexico.
SEC. 204. COOPERATIVE AGREEMENTS.
(a) IN GENERAL.—The Secretary, in consultation with
the State of New Mexico, may enter into cooperative agree-
ments with appropriate public or private entities, for the
purposes of protecting historic resources at Fort Bayard
and providing educational and interpretive facilities and
programs for the public. The Secretary shall not enter into
any agreement or provide assistance to any activity affect-
ing Fort Bayard State Hospital without the concurrence
of the State of New Mexico.
(b) TECHNICAL
AND FINANCIAL ASSISTANCE.—The
Secretary may provide technical and financial assistance
with any entity with which the Secretary has entered into
a cooperative agreement under subsection (a) in furtherance
of the agreement.
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SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out this title.
TITLE III—VIRGIN RIVER DINO-
SAUR FOOTPRINT PRESERVE.
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Virgin River Dinosaur
Footprint Preserve Act’’.
SEC. 302. VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE.
(a) AUTHORIZATION FOR GRANT TO PURCHASE PRE-
SERVE.—Of the funds appropriated in the section entitled
‘‘Land Acquisition’’ of the Fiscal Year 2002 Interior and
Related Agencies Appropriations Act, Public Law 107–63,
the Secretary of the Interior shall grant $500,000 to the
City for—
(1) the purchase of up to 10 acres of land within
the area generally depicted as the ‘‘Preserve Acquisi-
tion Area’’ on the map entitled ‘‘Map B’’ and dated
May 9, 2002; and
(2) the preservation of such land and paleon-
tological resources.
(b) CONDITIONS OF GRANT.—The grant under sub-
section (a) shall be made only after the City agrees to the
following conditions:
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(1) USE OF LAND.—The City shall use the Vir-
gin River Dinosaur Footprint Preserve in a manner
that accomplishes the following:
(A) Preserves and protects the paleontolog-
ical resources located within the exterior bound-
aries of the Virgin River Dinosaur Footprint
Preserve.
(B) Provides opportunities for scientific re-
search in a manner compatible with subpara-
graph (A).
(C) Provides the public with opportunities
for educational activities in a manner compat-
ible with subparagraph (A).
(2) REVERTER.—If at any time after the City
acquires the Virgin River Dinosaur Footprint Pre-
serve, the Secretary determines that the City is not
substantially in compliance with the conditions de-
scribed in paragraph (1), all right, title, and interest
in and to the Virgin River Dinosaur Footprint Pre-
serve shall immediately revert to the United States,
with no further consideration on the part of the
United States, and such property shall then be under
the administrative jurisdiction of the Secretary of the
Interior.
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(3) CONDITIONS TO BE CONTAINED IN DEED.—
If the City attempts to transfer title to the Virgin
River Dinosaur Footprint Preserve (in whole or in
part), the conditions set forth in this subsection shall
transfer with such title and shall be enforceable
against any subsequent owner of the Virgin River Di-
nosaur Footprint Preserve (in whole or in part).
(c) COOPERATIVE AGREEMENT AND ASSISTANCE.—
(1) ASSISTANCE.—The Secretary may provide to
the City—
(A) financial assistance, if the Secretary de-
termines that such assistance is necessary for
protection of the paleontological resources located
within the exterior boundaries of the Virgin
River Dinosaur Footprint Preserve; and
(B) technical assistance to assist the City in
complying with subparagraphs (A) through (C)
of subsection (b)(1).
(2) ADDITIONAL GRANTS.—
(A) IN
GENERAL.—In addition to funds
made available under subsection (a) and para-
graph (2) of this subsection, the Secretary may
provide grants to the City to carry out its duties
under the cooperative agreement entered into
under paragraph (1).
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(B) LIMITATION
ON
AMOUNT; REQUIRED
NON-FEDERAL MATCH.—Grants under subpara-
graph (A) shall not exceed $500,000 and shall be
provided only to the extent that the City matches
the amount of such grants with non-Federal con-
tributions (including in-kind contributions).
(d) MAP ON FILE.—The map shall be on file and avail-
able for public inspection in the appropriate offices of the
Department of the Interior.
(e) DEFINITIONS.—For the purposes of this section, the
following definitions apply:
(1) CITY.—The term ‘‘City’’ means the city of
St. George, Utah.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(3) VIRGIN RIVER DINOSAUR FOOTPRINT PRE-
SERVE.—The term ‘‘Virgin River Dinosaur Footprint
Preserve’’ means the property (and all facilities and
other appurtenances thereon) described in subsection
(a).
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TITLE IV—ARCHEOLOGICAL AND
CULTURAL 
HERITAGE 
PRO-
TECTION.
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Enhanced Protection
of Our Cultural Heritage Act of 2002’’.
SEC. 402. ENHANCED PENALTIES FOR CULTURAL HERITAGE
CRIMES.
(a) ENHANCED PENALTY FOR ARCHAEOLOGICAL RE-
SOURCES.—Section 6(d) of the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470ee(d)) is amended by
striking ‘‘not more than 10,000’’ and all that follows
through the end of the subsection and inserting ‘‘in accord-
ance with title 18, United States Code, or imprisoned not
more than 10 years or both; but if the sum of the commer-
cial and archaeological value of the archaeological resources
involved and the cost of restoration and repair of such re-
sources 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.’’.
(b) ENHANCED PENALTY FOR EMBEZZLEMENT AND
THEFT FROM INDIAN TRIBAL ORGANIZATIONS.—Section
1163 of title 18, United States Code, is amended by striking
‘‘five years’’ and inserting ‘‘10 years’’.
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(c) ENHANCED PENALTY FOR ILLEGAL TRAFFICKING
IN NATIVE AMERICAN HUMAN REMAINS AND CULTURAL
ITEMS.—Section 1170 of title 18, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘or imprisoned
not more than 12 months, or both, and in the case of
second or subsequent violation, be fined in accordance
with this title, or imprisoned not more than 5 years’’
and inserting ‘‘imprisoned not more than 10 years’’;
and
(2) in subsection (b), by striking ‘‘imprisoned
not more than one year’’ and all that follows through
the end of the subsection and inserting ‘‘imprisoned
not more than 10 years, or both; but if the sum of the
commercial and archaeological value of the cultural
items involved and the cost of restoration and repair
of such items does not exceed $500, such person shall
be fined in accordance with this title, imprisoned not
more than one year, or both.’’.
TITLE 
V—PALEONTOLOGICAL
RESOURCES 
PRESERVATION
ACT.
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Paleontological Re-
sources Preservation Act’’.
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SEC. 502. FINDINGS.
The Congress finds the following:
(1) 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.
(2) Existing Federal laws, statutes, and other
provisions that manage paleontological resources are
not articulated in a unified national policy for Fed-
eral land management agencies and the public. Such
a policy is needed to improve scientific under-
standing, to promote responsible stewardship, and to
facilitate the enhancement of responsible paleontolog-
ical collecting activities on Federal lands.
(3) Consistent with the statutory provisions ap-
plicable to each Federal land management system,
reasonable access to paleontological resources on Fed-
eral lands should be provided for scientific, edu-
cational, and recreational purposes.
SEC. 503. PURPOSE.
The purpose of this title is to establish a comprehensive
national policy for preserving and managing paleontolog-
ical resources on Federal lands.
SEC. 504. DEFINITIONS.
As used in this title:
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(1) CASUAL COLLECTING.—The term ‘‘casual col-
lecting’’ means the collecting of a reasonable amount
of common invertebrate and plant paleontological re-
sources for personal, scientific, educational or rec-
reational use, either by surface collection or using
nonpowered hand tools resulting in only negligible
disturbance to the Earth’s surface and other resources.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior with respect to lands ad-
ministered by the Secretary of the Interior or the Sec-
retary of Agriculture with respect to National Forest
System Lands administered by the Secretary of Agri-
culture.
(3) FEDERAL LANDS.—The term ‘‘Federal lands’’
means lands administered by the Secretary of the In-
terior, except Indian lands, or National Forest Sys-
tem Lands administered by the Secretary of Agri-
culture.
(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) STATE.—The term ‘‘State’’ means the 50
States, the District of Columbia, the Commonwealth
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of Puerto Rico, and any other territory or possession
of the United States.
(6) PALEONTOLOGICAL
RESOURCE.—The term
‘‘paleontological resource’’ means any fossilized re-
mains, traces, or imprints of organisms, preserved in
or on the earth’s crust, that are of paleontological in-
terest and that provide information about the history
of life on earth, except that the term does not
include—
(A) any materials associated with an ar-
chaeological 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
Rehabilitation Act (25 U.S.C. 3001)).
SEC. 505. MANAGEMENT.
(a) IN GENERAL.—The Secretary shall manage and
protect paleontological resources on Federal lands using sci-
entific principles and expertise. The Secretary shall develop
appropriate plans for inventory, monitoring, and the sci-
entific and educational use of paleontological resources, in
accordance with applicable agency laws, regulations, and
policies. These plans shall emphasize interagency coordina-
tion and collaborative efforts where possible with non-Fed-
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eral partners, the scientific community, and the general
public.
(b) COORDINATION OF IMPLEMENTATION.—To the ex-
tent possible, the Secretary of the Interior and the Secretary
of Agriculture shall coordinate in the implementation of
this title.
SEC. 506. PUBLIC AWARENESS AND EDUCATION PROGRAM.
The Secretary shall establish a program to increase
public awareness about the significance of paleontological
resources.
SEC. 507. COLLECTION OF PALEONTOLOGICAL RESOURCES.
(a) PERMIT REQUIREMENT.—
(1) IN GENERAL.—Except as provided in this
title, a paleontological resource may not be collected
from Federal lands without a permit issued under
this title by the Secretary.
(2) CASUAL COLLECTING EXCEPTION.—The Sec-
retary may allow casual collecting without a permit
on Federal lands administered by the Bureau of Land
Management, the Bureau of Reclamation, and the
United States Forest Service, where such collection is
not inconsistent with the laws governing the manage-
ment of those Federal lands and this title.
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(3) PREVIOUS PERMIT EXCEPTION.—Nothing in
this section shall affect a valid permit issued prior to
the date of enactment of this title.
(b) CRITERIA FOR ISSUANCE OF A PERMIT.—The Sec-
retary may issue a permit for the collection of a paleon-
tological resource pursuant to an application if the Sec-
retary 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 collec-
tion 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 title.
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;
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(2) the paleontological resource and copies of as-
sociated 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 Secretary.
(d) MODIFICATION, SUSPENSION, AND REVOCATION OF
PERMITS.—
(1) The Secretary may modify, suspend, or re-
voke a permit issued under this section—
(A) for resource, safety, or other manage-
ment 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 con-
victed under section 509 or is assessed a civil penalty
under section 510 of this title.
(e) AREA CLOSURES.—In order to protect paleontolog-
ical or other resources and 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.
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SEC. 508. 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. The Sec-
retary may enter into agreements with non-Federal reposi-
tories regarding the curation of these resources, data, and
records.
SEC. 509. PROHIBITED ACTS; 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 con-
ducted in accordance with this title;
(2) exchange, transport, export, receive, or offer
to exchange, transport, export, or receive any paleon-
tological resource if, in the exercise of due care, the
person knew or should have known such resource to
have been excavated, removed, exchanged, transported,
or received from Federal lands in violation of any
provisions, rule, regulation, law, ordinance, or permit
in effect under Federal law, including this title; 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 re-
source to have been excavated, removed, sold, pur-
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chased, exchanged, transported, or received from Fed-
eral 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 ex-
cavated or removed from Federal lands.
(c) PENALTIES.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), a person who knowingly violates
or counsels, procures, solicits, or employs another per-
son to violate subsection (a) or (b) shall, upon convic-
tion, be guilty of a class A misdemeanor.
(2) DAMAGE OVER $1,000.—If the sum of the sci-
entific or fair market value of the paleontological re-
sources involved and the cost of restoration and repair
of such resources exceeds the sum of $1,000, such per-
son shall, upon conviction, be guilty of a class E fel-
ony.
(3) MULTIPLE OFFENSES.—In the case of a sec-
ond 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 paleontolog-
ical resource which was in the lawful possession of such per-
son prior to the date of the enactment of this title.
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SEC. 510. CIVIL PENALTIES FOR VIOLATIONS OF REGULA-
TIONS OR PERMIT CONDITIONS.
(a) IN GENERAL.—
(1) HEARING.—A person who violates any prohi-
bition contained in an applicable regulation or per-
mit issued under this title may be assessed a penalty
by the Secretary after the person is given notice and
opportunity for a hearing with respect to the viola-
tion. Each violation shall be considered a separate of-
fense for purposes of this section.
(2) AMOUNT OF PENALTY.—The amount of such
penalty assessed under paragraph (1) shall be deter-
mined under regulations promulgated pursuant to
this title, 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 Secretary assessing the penalty.
(3) MULTIPLE OFFENSES.—In the case of a sec-
ond 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 re-
covered.
(b) PETITION FOR JUDICIAL REVIEW; COLLECTION OF
UNPAID ASSESSMENTS.—Any person against whom an
order is issued assessing a penalty under subsection (a) may
file a petition for judicial review of the order with an ap-
propriate 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 Secretary and shall sustain his action if it is
supported by substantial evidence on the record considered
as a whole.
(c) HEARINGS.—Hearings held during proceedings in-
stituted under subsection (a) shall be conducted in accord-
ance with section 554 of title 5, United States Code.
(d) USE OF RECOVERED AMOUNTS.—No penalties col-
lected under this section shall be available to the Secretary
and without further appropriation may be used only as fol-
lows: