[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2943 Introduced in House (IH)]

  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 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction 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 Representatives 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 commercial 
        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 contexts,
                    (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 
                excavations.
            (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 fossil 
        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 education 
                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 increase 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, administered 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 
        wilderness, and any other Federal lands not specifically 
        included 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 naturally 
        occurring remains or trace of plant or animal life that--
                    (A) lived prior to the Holocene epoch; and
                    (B) is not associated with an archaeological 
                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 Resources Protection Act of 1979 (16 U.S.C. 
        470bb(1)).
            (5) Cave resource.--The term ``cave resource'' 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 institution.--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 curatorial 
                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 Collecting.--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 reconnaissance without a permit, except for those lands 
designated as requiring such a permit pursuant to subsection (c)(1)(B), 
and all Federal lands shall be open to fossil collecting by quarrying 
pursuant to a permit.
    (b) Duty To Manage Separately From Archaeological Resource.--Each 
Federal land manager, in consultation with the Council, shall manage 
fossils separately from archaeological resources, cave resources, and 
cultural resources, but in conjunction with the natural resources 
within the jurisdiction of the Federal land manager.
    (c) Types of Collecting and Whether Notice or a Permit is 
Required.--Collecting fossils from Federal lands shall be conducted in 
accordance with the following:
            (1) Reconnaissance.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), collecting fossils from the 
                surface is not subject to advance notice 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 specimens 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 significant 
                        disturbance of sites of ongoing scientific 
                        research and other important resources, 
                        including endangered species, cultural 
                        resources, archaeological resources, cave 
                        resources, wilderness, or areas of critical 
                        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 developed by the Council 
                under section 9. The Federal land manager shall publish 
                in the Federal 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 requirements.
                    (C) Notice by groups.--Advance notice of not less 
                than seven days is required for reconnaissance 
                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 permit 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 scientifically unique in accordance with 
regulations promulgated under section 10, except with respect to 
commercial permits. In the case of a commercial permit, the 
determination 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 Federal land manager 
                designates in accordance with the guidelines developed 
                by the Council under section 9; and
                    (B) for the discovery, quarrying, and removal of 
                fossils under section 4(c)(2) that are located on lands 
                under the jurisdiction of the Federal land manager, 
including activity associated with such quarrying.
            (2) Limitation.--Commercial permits may not be issued under 
        this section for the quarrying or removal of a scientifically 
        unique find, as determined by the Council.
            (3) Period to consider application.--Permits shall be 
        issued or denied within a reasonable time, but no later than 90 
        days after a permit application 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 contain--
                    (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 collecting 
                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 collecting 
                fossils for scientific purposes, the agreement of the 
                applicant to the conditions specified in subsection 
                (c);
                    (F) in the case that the permit is for collecting 
                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 qualifications 
                and relevant proof of experience that are in compliance 
                with the guidelines established by the Federal land 
                manager and are appropriate 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 scientifically 
        unique fossils, records, and data associated with such 
        collecting in a suitable paleontological institution and to 
        carry out the permitted activity primarily 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 purposes shall be issued pursuant to 
an application under subsection (a) if--
            (1) the applicant agrees to deposit all scientifically 
        unique fossils, records, and data associated with such 
        collecting in a suitable paleontological institution and to 
        carry out the permitted activity primarily 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 quarrying with the 
                United States Geological Survey;
                    (D) to report any unanticipated discoveries made 
                under the commercial permit to the agency issuing the 
                permit and that scientifically unique finds will be 
                property of the United States and will be deposited in 
                a suitable paleontological institution; and
                    (E) to file a final report with the permit granting 
                agency describing all quarried materials;
            (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 holder 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 suspending a permit under 
        paragraph (1) or revoking a permit under paragraph (2), the 
        Federal land manager shall provide the permittee with notice 
        and an opportunity 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 permission 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 issued under such Act 
        prior to the date of enactment of this Act.

SEC. 6. FEES AND ROYALTIES FOR COMMERCIAL COLLECTING.

    (a) General Authority.--The Federal land manager shall establish 
and collect fees relating to the commercial collection of fossils 
subject to this Act. The fee shall be determined by the Secretary on a 
permit-by-permit 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 occurs 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 percentage 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 collected 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 issuance of a permit under 
        this Act if collected pursuant 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 custody with the Director of the United States 
Geological Survey. This paragraph applies with respect to a fossil 
regardless 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 Restrictions.--
            (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 assess 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, damaging, or otherwise altering or defacing, or 
        attempting to quarry, remove, damage, or otherwise alter or 
        deface, 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 removed 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 information 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 subsection.
    (c) Interest.--
            (1) Date accrual begins.--Interest shall accrue on a civil 
        penalty imposed under this section on the later of--
                    (A) the date on which the order of the Federal land 
                manager becomes final, unless an action for judicial 
                review is brought in accordance with chapters 5 and 7 
                of title 5, United States Code; and
                    (B) the date on which a final judgment is entered 
                pursuant to an action referred to in subparagraph (A).
            (2) Rate.--Interest for a period under paragraph (1) shall 
        be at the rates specified for underpayments under section 6621 
        of the Internal Revenue Code of 1986.

SEC. 9. NATIONAL FOSSIL COUNCIL.

    (a) Establishment.--The Director of the United States Geological 
Survey shall establish a council to be known as the ``National Fossil 
Council''.
    (b) Duties.--The Council--
            (1) during the six-month period beginning on the date of 
        the appointment of the initial members under subsection 
        (c)(2)--
                    (A) shall develop guidelines and parameters for 
                determining ``scientifically unique'';
                    (B) shall develop procedures for identifying 
                specimens as scientifically unique, including 
                procedures for cases in which the determination is made 
                during the collection process or after the removal of 
                the specimen from Federal lands;
                    (C) shall develop a procedure for advising the 
                Federal land manager on scientifically unique fossils 
                upon request of the Federal land manager;
                    (D) shall develop guidelines for the Federal land 
                manager to determine which lands to close for 
                reconnaissance collecting;
                    (E) shall develop procedures for processing appeals 
                of a Federal land manager's decisions with respect to 
                the determination of scientifically unique;
                    (F) shall develop guidelines for the minimum 
                acceptable qualifications of collectors for each type 
                of permit under section 5;
                    (G) shall establish the royalty rate required by 
                section 6; and
                    (H) may define or provide guidelines for 
                determining which groups may engage in collecting for 
                educational purposes without a permit under section 
                5(b)(2);
            (2) provide advice to the Federal land managers in carrying 
        out this Act;
            (3) review permit applications rejected pursuant to section 
        4(d) on the basis of scientifically unique fossils;
            (4) review the procedures by which this Act is enforced to 
        ensure uniformity of regulation consistent with this Act among 
        Federal land management agencies; and
            (5) carry out the other duties required by this Act.
    (c) Membership.--
            (1) In general.--The Council shall be composed of seven 
        members, as follows:
                    (A) The Director of the Geological Survey (or 
                designee), ex officio, who shall serve as the chair of 
                the Council.
                    (B) One individual appointed by the Director, after 
                considering recommendations made by the United States 
                National Museum.
                    (C) One individual appointed by the Director, after 
                considering recommendations made by the Society of 
                Vertebrate Paleontology.
                    (D) One individual appointed by the Director, after 
                considering recommendations made by the Paleontological 
                Society.
                    (E) One individual who shall be representative of 
                the Federal land managers, appointed by the Director 
                after considering recommendations made by the Secretary 
                of the Interior and the Secretary of Agriculture.
                    (F) One individual appointed by the Director, after 
                considering recommendations made by the American 
                Association of Paleontological Suppliers.
                    (G) One individual appointed by the Director, after 
                considering recommendations made by the Mid America 
                Paleontological Societies and the American Federation 
                of Mineralogical Societies.
            (2) Initial appointments.--The Director shall make the 
        appointments of the initial members within 60 days after the 
        date of enactment of this Act.
    (d) Terms.--
            (1) In general.--Each member appointed under subsection (c) 
        shall be appointed for a term of five years, except as provided 
        in paragraphs (2) and (3).
            (2) Terms of initial appointees.--As designated by the 
        Director at the time of appointment, of the members first 
        appointed--
                    (A) two shall be appointed for terms of three 
                years; and
                    (B) two shall be appointed for terms of four years.
            (3) Vacancies.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed only for 
        the remainder of that term. A member may serve after the 
        expiration of that member's term until a successor has taken 
        office. A vacancy in the Council shall be filled in the manner 
        in which the original appointment was made.
    (e) Basic Pay.--Members shall serve without pay, and members who 
are full-time officers or employees of the United States may not 
receive additional pay, allowances, or benefits by reason of their 
service on the Council.
    (f) Quorum and Vote Required.--
            (1) In general.--Five members of the Council shall 
        constitute a quorum but a lesser number may hold hearings. 
        Except as provided by paragraph (2), actions may be taken upon 
        affirmative vote by a majority decision, a quorum being 
        present.
            (2) Designation of scientifically unique.--(A) Designating 
        a fossil as scientifically unique in connection with a 
        commercial permit requires an affirmative vote of five members 
        of the Council.
            (B) In an appeal of a decision of a Federal land manager 
        under section 4(d)(2), an affirmative vote of five members of 
        the Council is required to modify or reverse the decision.
    (g) Meetings.--The Council shall meet at the call of the Chair or 
as otherwise provided by this section.
    (h) Staff of Federal Agencies.--Upon request of the Chair, the head 
of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the Council 
to assist it in carrying out its duties under this Act.
    (i) Mails.--The Council may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the United States.

SEC. 10. REGULATIONS.

    (a) General Regulations.--
            (1) Issuance.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of the Interior, the 
        Secretary of Agriculture, and the Secretary of the Army, after 
        consultation with other Federal land managers and 
        representatives of concerned State agencies, after review and 
        comment by the Council, and after public notice and hearings, 
        shall each issue as soon as practicable, such regulations as 
        are appropriate to carry out this Act. Such regulations shall 
        be as uniform as possible and where not possible, shall include 
        a list of all instances in which such regulations are not 
        uniform and the reasons therefor.
            (2) Submission to congress.--The regulations issued under 
        this Act shall be submitted to the Committee on Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate and may not take effect before 
        the expiration of the 90-date period following the date of 
        submission.
    (b) Land Management Plans.--Each Federal land manager shall amend 
management plans as necessary to conform to this Act and the 
regulations issued under subsection (a).
                                 <all>
HR 2943 IH----2
HR 2943 IH----3