[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2974 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2974

 To provide for the protection of paleontological resources on Federal 
       lands, to promote the systematic compilation of baseline 
   paleontological resource data, science-based decisionmaking, and 
 accurate public education, to provide for a unified management policy 
   regarding paleontological resources on Federal lands, to promote 
   legitimate public access to fossil resources on Federal lands, to 
 encourage informed stewardship of the resources through educational, 
 recreational, and scientific use of the paleontological resources on 
                 Federal lands, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2001

  Mr. McGovern (for himself, Mr. Souder, Mr. Tiahrt, Mr. Coyne, Mrs. 
Tauscher, and Mr. George Miller of California) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To provide for the protection of paleontological resources on Federal 
       lands, to promote the systematic compilation of baseline 
   paleontological resource data, science-based decisionmaking, and 
 accurate public education, to provide for a unified management policy 
   regarding paleontological resources on Federal lands, to promote 
   legitimate public access to fossil resources on Federal lands, to 
 encourage informed stewardship of the resources through educational, 
 recreational, and scientific use of the paleontological resources 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 ``Paleontological Resources 
Preservation Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Federal lands are a valuable resource of the people of 
        the United States.
            (2) Each individual who uses Federal lands--
                    (A) is exercising both a right and a privilege; and
                    (B) must accept the responsibility of careful 
                stewardship of the land and its resources so that the 
                privilege can be exercised by future generations.
            (3) Paleontological resources are nonrenewable. Such 
        resources on Federal lands are an accessible and irreplaceable 
        part of the heritage of the United States and offer significant 
        educational opportunities to all citizens.
            (4) Current Federal laws, statutes, and other provisions 
        that regulate access to paleontological resources are not 
        articulated in a single omnibus policy for Federal land 
        management agencies and the public.
            (5) A unified national policy is needed to improve 
        scientific understanding and Federal management of ancient 
        ecosystems, to promote responsible stewardship, and to 
        facilitate the enhancement of responsible paleontological 
        collecting activities on Federal lands.
            (6) A mechanism to encourage cooperation and to exchange 
        information among Federal agencies, paleontologists, and the 
        public should be adopted.
            (7) Increased awareness and enjoyment of paleontological 
        resources by children and young adults should be fostered.
            (8) 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.
            (9) Fossil collecting activities by the public, including 
        amateur paleontologists and volunteers, have contributed a 
        wealth of information to the science of paleontology. Such 
        collecting should be encouraged and facilitated, where 
        appropriate.
            (10) Some paleontological resources, including all 
        vertebrate fossils, are rare and should only be collected under 
        a permit.
            (11) Those paleontological resources collected under permit 
        should remain the property of the United States and should be 
        placed in approved repositories, including museums, 
        universities, colleges, and other educational institutions, for 
        scientific research and public education.
            (12) Release of information on the location of fossils 
        collected under permit can result in irreparable harm to the 
        resource and therefore should be limited to purposes that 
        ensure resource protection.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) To establish, to the extent practicable, a unified 
        policy for Federal land management agencies for preserving and 
        managing paleontological resources--
                    (A) consistent with the protection of 
                scientifically and educationally significant or rare 
                paleontological resources;
                    (B) consistent with the specific mandate of each 
                Federal agency; and
                    (C) without diminishing the rights of those who 
                develop minerals under the general mining laws, or 
                mineral leasing, geothermal leasing, and mineral 
                materials disposal laws.
            (2) To encourage stewardship through scientific, 
        educational, and recreational uses, as appropriate, of the 
        paleontological resources on Federal lands.
            (3) To maximize the conservation and preservation of 
        paleontological resources on Federal lands.
            (4) To ensure that the scientific and educationally 
        significant or rare paleontological resources found on Federal 
        lands will remain the property of the United States.
            (5) Consistent with the statutory provisions applicable to 
        each Federal land management system, appropriately provide and 
        maximize opportunities and access for the scientific community 
        and the public, including children and young adults, to collect 
        paleontological resources on Federal lands.
            (6) To foster partnerships through increased cooperation 
        and exchange of information among Federal and State agencies, 
        the scientific community, and the general public.
            (7) To provide for the dissemination of knowledge to the 
        general public about the scientific and educational value of 
        paleontological resources.
            (8) To ensure that amateur collecting of rocks, minerals, 
        and invertebrate and plant fossils on Federal lands is not 
        affected by this Act.

SEC. 4. DEFINITIONS.

    As used in this Act:
            (1) Casual collecting.--The term ``casual collecting'' 
        means the collecting of a reasonable amount of paleontological 
        resources for noncommercial use with the use of nonpowered hand 
        tools resulting in negligible disturbance to the Earth's 
        surface.
            (2) Federal land manager.--The term ``Federal land 
        manager'' means the Secretary of the department, or the head of 
        any other agency or instrumentality of the United States, 
        having primary management authority over Federal lands.
            (3) Federal lands.--The term ``Federal lands'' means lands 
        owned, administered, or controlled by the Federal Government, 
        except Indian lands.
            (4) Indian lands.--The term ``Indian lands'' means lands of 
        Indian tribes, or Indian individuals, which are either held in 
        trust by the United States or subject to a restriction against 
        alienation imposed by the United States.
            (5) Person.--The term ``person'' includes an individual, 
        corporation, partnership, trust, institution, association, any 
        other private entity, an officer, employee, agent, department, 
        or instrumentality of the United States, an Indian tribe, and a 
        State or political subdivision of a State.
            (6) State.--The term ``State'' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, the United States 
        Virgin Islands, Guam, American Samoa, and any other territory 
        or possession of the United States.
            (7) Paleontological resource.--(A) The term 
        ``paleontological resource'' means any remains, traces, or 
        imprints of organisms, preserved in or on the Earth's crust, 
        which are of paleontological interest.
            (B) The term ``paleontological resource'' does not include 
        any materials associated with an archeological resource (as 
        defined in section 3(1) of the Archaeological Resources 
        Protection Act of 1979 (16 U.S.C. 470bb(1)).

SEC. 5. MANAGEMENT.

    Federal land managers shall manage and protect paleontological 
resources on Federal land using scientific principles and expertise, 
develop appropriate plans for inventory, monitoring, and the scientific 
and educational use of paleontological resources, in accordance with 
agency missions. These plans shall emphasize interagency coordination 
and collaborative efforts where possible with non-Federal partners, the 
scientific community, and the general public.

SEC. 6. PUBLIC AWARENESS AND EDUCATION PROGRAM.

    Each Federal land manager responsible for paleontological resources 
shall establish a program to increase public awareness about the 
significance of paleontological resources and the need to preserve and 
provide access to those resources.

SEC. 7. COLLECTION OF PALEONTOLOGICAL RESOURCES.

    (a) Permit Requirement.--
            (1) In general.--Except as provided in this subsection, a 
        person may not collect a paleontological resource from Federal 
        land without a permit issued under this Act by the responsible 
        Federal land manager.
            (2) Casual collecting exception.--The Secretary, the 
        Director, or any other Federal land manager, with the exception 
        of a Federal land manager of land under the jurisdiction of the 
        National Park Service, may allow casual collecting of abundant 
        invertebrate and plant paleontological resources, for 
        scientific, educational, and recreational uses, without a 
        permit, where such collection is not inconsistent with the laws 
        governing the management of those Federal lands and this Act. A 
        determination by the Secretary, the Director, or a Federal land 
        manager regarding whether an action constitutes casual 
        collecting shall be final.
            (3) Previous permit exception.--Any permit authorizing the 
        collection of a paleontological resource in a specific area 
        issued under any Act prior to the date of the enactment of this 
        Act shall remain in effect according to the terms and 
        conditions of that permit, without the permittee being required 
        to obtain a permit for such resource under this Act.
    (b) Criteria for Issuance of a Permit.--A permit for the collection 
of a paleontological resource may be issued pursuant to an application 
if the Federal land manager determines that--
            (1) the applicant is qualified to carry out the permitted 
        activity;
            (2) the permitted activity is undertaken for the purpose of 
        furthering paleontological knowledge in the public interest or 
        for public education;
            (3) the permitted activity is consistent with any 
        management plan applicable to the Federal lands concerned; and
            (4) the proposed methods of collecting will not threaten 
        significant natural or cultural resources.
    (c) Permit Specifications.--A permit for the collection of a 
paleontological resource issued under this section shall contain such 
terms and conditions, pursuant to regulations promulgated under this 
Act, as the Federal land manager deems necessary to carry out the 
purposes of this Act. Every permit shall include requirements that--
            (1) the paleontological resource that is collected from 
        Federal lands under the permit will remain the property of the 
        United States;
            (2) the resource and copies of associated paleontological 
        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 
        Federal land manager.
    (d) Modification, Suspension, and Revocation of Permits.--
            (1) In general.--The Federal land manager may modify, 
        suspend, or revoke a permit--
                    (A) for resource, safety, or other management 
                considerations; or
                    (B) when there is a violation of a term or 
                condition of a permit issued pursuant to this section.
            (2) Mandatory revocation.--The permit shall be revoked if 
        any person working under the authority of the permit is 
        convicted under section 9 or is assessed a civil penalty under 
        section 10.
    (e) Area Closures.--In order to protect paleontological resources 
or other resources and to provide for public safety, Federal land 
managers may restrict access to or close areas under their jurisdiction 
to the collection of paleontological resources.

SEC. 8. CURATION OF RESOURCES.

    Any paleontological resource, and any data and records associated 
with the resource, collected under a permit, shall be deposited in an 
approved repository. Federal land managers 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 compliance with this Act;
            (2) exchange, transport, export, receive, or offer to 
        exchange, transport, export, or receive any paleontological 
        resource if such resource was excavated, removed, exchanged, 
        transported, or received from Federal lands in violation of any 
        provision, 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 such resource was 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 intentionally 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 Federal land manager 
        concerned after the person is given notice and opportunity for 
        a hearing with respect to the violation. Each violation shall 
        be considered a separate offense for purposes of this section.
            (2) Amount of penalty.--The amount of such penalty assessed 
        under paragraph (1) shall be determined under regulations 
        promulgated pursuant to this Act, taking into account the 
        following factors:
                    (A) The scientific or fair market value, whichever 
                is greater, of the paleontological 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 
                Federal land manager assessing the penalty.
            (3) Multiple offenses.--In the case of a second or 
        subsequent violation, the amount of a penalty assessed under 
        paragraph (2) may be double the amount assessed for a violation 
        were the first violation by the person.
            (4) Limitation.--The amount of any penalty assessed under 
        this subsection for any one violation shall not exceed an 
        amount equal to double the cost of response, restoration, and 
        repair of resources and paleontological site damage plus double 
        the scientific or fair market value of resources destroyed or 
        not recovered.
            (5) Permit exception.--No penalty shall be assessed under 
        this section for the removal of a paleontological resource 
        permitted in accordance with this Act.
    (b) Petition for Judicial Review; Collection of Unpaid 
Assessments.--
            (1) In general.--Any person against whom an order is issued 
        assessing a penalty under 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 Federal land 
        manager and shall sustain his action if it is supported by 
        substantial evidence on the record considered as a whole.
            (2) Civil action may be filed for failure to pay penalty.--
        If any person fails to pay a penalty assessed under this 
        section--
                    (A) after the order making the assessment has 
                become final and the person has not filed a petition 
                for judicial review of the order in accordance with 
                paragraph (1); or
                    (B) after a court in an action brought under 
                paragraph (1) has entered a final judgment upholding 
                the assessment of the penalty,
        then the appropriate Federal land manager may request the 
        Attorney General to institute a civil action in a district 
        court of the United States for any district in which the person 
        is found, resides, or transacts business, to collect the 
        penalty. The district court shall have jurisdiction to hear and 
        decide any such action. In such action, the validity and amount 
        of such penalty shall not be subject to review.
    (c) Hearings.--Hearings held during proceedings instituted under 
subsection (a) shall be conducted in accordance with section 554 of 
title 5, United States Code. The appropriate Federal land manager may 
issue subpoenas for the attendance and testimony of witnesses and the 
production of relevant papers, books, and documents; and administer 
oaths. Witnesses summoned shall be paid the same fees and mileage that 
are paid to witnesses in the courts of the United States. In the case 
of contumacy or refusal to obey a subpoena served upon any person 
pursuant to this subsection, the district court of the United States 
for any district in which the person is found, resides, or transacts 
business, upon application by the United States and after notice to the 
person, shall have jurisdiction to issue an order requiring the person 
to appear and give testimony before the Federal land manager or to 
appear and produce documents before the Federal land manager, or both, 
and any failure to obey the order of the court may be punished by the 
court as contempt thereof.
    (d) Use of Recovered Amounts.--Any penalties collected under this 
section shall be available to the Federal land manager and without 
further congressional action 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) As a reward in accordance with section 11 of this Act.

SEC. 11. REWARDS; FORFEITURE.

    (a) Rewards.--Upon certification of the Federal land manager, the 
Secretary of the Treasury shall pay from penalties collected under 
section 9 or 10 of this Act an amount equal to the lesser of one-half 
of the penalty or $500, to any person who furnishes information which 
leads to the finding of a civil violation, or the conviction of 
criminal violation, with respect to which the penalty was paid. If 
several persons provided the information, the amount shall be divided 
among the persons. No officer or employee of the United States or of 
any State or local government who furnishes information or renders 
service in the performance of his official duties shall be eligible for 
payment under this subsection.
    (b) Forfeiture.--All paleontological resources with respect to 
which a violation under section 9 or 10 occurred and which are in the 
possession of any person, and all vehicles and equipment of any person 
that were used in connection with the violation, may be subject to 
forfeiture to the United States upon--
            (1) the person's conviction of the violation under section 
        9;
            (2) assessment of a civil penalty against any person under 
        section 10 with respect to the violation; or
            (3) a determination by any court that the paleontological 
        resources, vehicles, or equipment were involved in the 
        violation.
    (c) Transfer of Seized Resources.--The Federal land manager is 
authorized to transfer ownership or administration of seized 
paleontological resources to Federal or non-Federal institutions to be 
used for educational purposes.

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 Federal land manager 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.

    (a) Issuance.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of the Interior, the Secretary of 
Agriculture, the Secretary of Defense, and the Chairman of the Board of 
the Tennessee Valley Authority, after consultation with other Federal 
land managers and representatives of concerned State agencies, and 
after public notice and hearing, shall issue such regulations as are 
appropriate to carry out this Act.
    (b) Effective Date.--A regulation issued pursuant to subsection (a) 
shall not take effect until 90 days after the date of issuance of the 
regulation.

SEC. 14. SAVINGS PROVISIONS.

    Nothing in this Act shall be construed to--
            (1) invalidate, modify, or impose additional restrictions 
        on any activities permitted under the general mining laws, or 
        the mineral leasing, geothermal leasing, and mineral materials 
        disposal laws;
            (2) apply to, or require a permit for, amateur collecting 
        of a rock, mineral, or invertebrate or plant fossil that is not 
        protected under this Act;
            (3) affect any lands other than Federal lands or affect the 
        lawful recovery, collection, or sale of paleontological 
        resources from lands other than Federal lands;
            (4) alter or diminish the authority of a Federal agency 
        under any other law to provide protection for paleontological 
        resources on Federal lands in addition to the protection 
        provided under this Act; or
            (5) 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.
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