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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Paleontological Resources
Preservation Act''.

SEC. 2. 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 Federal land management agencies
and the public. Such a policy is needed to improve scientific
understanding, to promote responsible stewardship, and to
facilitate the enhancement of responsible paleontological
collecting activities on Federal lands.
(3) Consistent with the statutory provisions applicable to
each Federal land management system, reasonable access to
paleontological resources on Federal lands should be provided
for scientific, educational, and recreational purposes.

SEC. 3. PURPOSE.

The purpose of this Act is to establish a comprehensive national
policy for preserving and managing paleontological resources on Federal
lands.

SEC. 4. 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 personal,
scientific, educational or recreational use, either by surface
collection or using non-powered 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 administered by the
Secretary of the Interior or the Secretary of Agriculture with
respect to National Forest System Lands administered by the
Secretary of Agriculture.
(3) Federal lands.--The term ''Federal lands'' means lands
administered by the Secretary of the Interior, except Indian
lands, or National Forest System Lands administered by the
Secretary of Agriculture.
(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 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)).
(7) Common invertebrate and plant paleontological
resources.--The term ''common invertebrate and plant
paleontological resources'' means fossils that are not
significant.
(8) Significant.--The term ''significant'' is a fossil that
meets scientific significance criteria as determined by the
Secretary in the promulgation of uniform rules and regulations
under this Act.
(9) Qualified applicant.--The term ''qualified applicant''
is someone who possesses a graduate degree in paleontology or
related topics; or the equivalent experience with one who meets
that standard.

SEC. 5. 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 of Implementation.--To the extent possible, the
Secretary of the Interior and the Secretary of Agriculture shall
coordinate in the implementation of this Act.

SEC. 6. PUBLIC AWARENESS AND EDUCATION PROGRAM.

The Secretary shall establish a program to increase public
awareness about the significance of paleontological resources.

SEC. 7. 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
administered by the Bureau of Land Management, the Bureau of
Reclamation, and the U.S. Forest Service, where such collection
is not inconsistent 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 permitted activity shall be carried out by a
qualified applicant;
(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.--
(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 9 or is
assessed a civil penalty under section 10.

SEC. 8. 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. 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, 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,
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 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.--
(1) In general.--Except as provided in paragraphs (2) and
(3), a person who knowingly violates or counsels, procures,
solicits, or employs another 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 paleontological 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 REGULATIONS OR PERMIT
CONDITIONS.

(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.
(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.
(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.--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 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
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 instituted under
subsection (a) shall be conducted in accordance with section 554 of
title 5, United States Code.
(d) Use of Recovered Amounts.--Any 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 11.

SEC. 11. REWARDS FORFEITURE.

(a) Rewards.--The Secretary may pay from penalties collected under
section 9 or 10 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 violation; or
(3) a determination by any court that the paleontological
resources, vehicles, or equipment were involved in the
violation.

SEC. 12. CONFIDENTIALITY.

Information concerning the nature and specific location of a
paleontological resource the collection of which requires a permit
under this Act or under any other provision 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 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. 13. REGULATIONS.

As soon as practical after the date of the enactment of this Act,
the Secretary shall issue uniform regulations as are appropriate to
carry out this Act, providing opportunities for public notice and
comment.

SEC. 14. ROCK COLLECTING ON NATIONAL FOREST SYSTEM LANDS.

Casual collecting of rocks and minerals for personal use is a valid
use of National Forest System lands and requires no permit except as
provided by other statutes and agency regulations.

SEC. 15. 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), the Mining in the Parks
Act, 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 existing laws and authorities relating to
reclamation and multiple uses of the public lands;
(3) 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;
(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. 16. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may be
necessary to carry out this Act.
A:
Paleontological Resources Preservation Act - Directs the Secretaries of the Interior and Agriculture (the Secretaries) to: (1) manage and protect paleontological resources on Federal land using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources.Directs the Secretaries to establish a program to increase public awareness about the significance of paleontological resources.Prohibits a person from collecting a paleontological resource from Federal land without a permit issued under this Act by one of the Secretaries. Authorizes the Secretaries to allow casual collecting of common invertebrate and plant paleontological resources for scientific, educational, and recreational uses, without a permit, on certain Federal lands where not inconsistent with laws governing management of such lands and this Act. Recognizes as valid permits issued before enactment of this Act.Prohibits: (1) excavating, removing, or altering a paleontological resource located on Federal lands, except in compliance with this Act; (2) exchanging or receiving such a resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; (3) selling or purchasing a paleontological resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; or (4) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from Federal lands. Imposes criminal penalties for violating this Act.Sets forth requirements for the assessment of civil penalties by the Secretaries for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore 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; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward.Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other Federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions.Declares that no permit is required by this Act for the casual collecting of rocks and minerals on National Forest System lands for personal use.