[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2727 Reported in Senate (RS)]

                                                       Calendar No. 655
107th CONGRESS
  2d Session
                                S. 2727

 To provide for the protection of paleontological resources on Federal 
                     lands, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 12 (legislative day, July 10), 2002

  Mr. Akaka (for himself, Mr. Inouye, Mrs. Feinstein, and Mr. Baucus) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

                            October 8, 2002

               Reported by Mr. Bingaman, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide for the protection of 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) 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.

<DELETED>SEC. 4. DEFINITIONS.</DELETED>

<DELETED>    As used in this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Federal lands.--The term ``Federal lands'' 
        means lands administered by the Secretary of the Interior or 
        National Forest System Lands administered by the Secretary of 
        Agriculture.</DELETED>
        <DELETED>    (4) 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Paleontological resource.--The term 
        ``paleontological resource'' means any fossilized remains, 
        traces, or imprints of organisms, preserved in or on the 
        Earth's crust, except that the term does not include--
        </DELETED>
                <DELETED>    (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));</DELETED>
                <DELETED>    (B) any cultural item (as defined in 
                section 2 of the Native American Graves Protection and 
                Rehabilitation Act (25 U.S.C. 3001)); or</DELETED>
                <DELETED>    (C) energy minerals such as coal, oil and 
                gas, oil shale, bitumen, lignite, asphaltum, and tar 
                sands.</DELETED>

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 
                Rehabilitation Act (25 U.S.C. 3001)).

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.

<DELETED>    (a) Permit Requirement.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in this 
        subsection, a paleontological resource may not be collected 
        from Federal lands without a permit issued under this Act by 
        the Secretary.</DELETED>
        <DELETED>    (2) Casual collecting exception.--The Secretary 
        may allow casual collecting of abundant invertebrate and plant 
        paleontological resources, for scientific, educational, and 
        recreational uses, without a permit, where such collection is 
        consistent with the laws governing the management of those 
        Federal lands and this Act.</DELETED>
        <DELETED>    (3) Previous permit exception.--Nothing in this 
        section shall affect a valid permit issued prior to the date of 
        enactment of this Act.</DELETED>
    (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 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 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) <DELETED>The Secretary shall modify, suspend, or revoke 
        a permit </DELETED>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.
<DELETED>    (e) Area Closures.--In order to protect paleontological 
resource or other resources and to provide for public safety, the 
paleontological resource may restrict access to or close areas under 
the Secretary's jurisdiction to the collection of paleontological 
resource.</DELETED>
    (e) Area Closures.--In order to protect paleontological 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.

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 <DELETED>if such resource was excavated, </DELETED>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 <DELETED>if such resource was 
        excavated, </DELETED>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) Penalities.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), a person who knowingly <DELETED>or willingly 
        </DELETED>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 palentological 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 paleontolgical 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) <DELETED>Limitaiton. </DELETED>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.--No 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 
        palenotological 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 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.

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 such regulations as are appropriate to carry 
out this Act, providing opportunities for public notice and comment.

<DELETED>SEC. 14. SAVINGS PROVISIONS.</DELETED>

        <DELETED>    Nothing in this Act shall be construed to--
        </DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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; 
        or</DELETED>
        <DELETED>    (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.</DELETED>

SEC. 14. 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 paleontolgical 
        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. 15. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.




                                                       Calendar No. 655

107th CONGRESS

  2d Session

                                S. 2727

_______________________________________________________________________

                                 A BILL

 To provide for the protection of paleontological resources on Federal 
                     lands, and for other purposes.

_______________________________________________________________________

                            October 8, 2002

                        Reported with amendments