1.This Act may be cited as the
Paleontological Resources Preservation
Act
.
2.As used in this Act:
(1)The term casual collecting means the
collecting of a reasonable amount of common invertebrate and plant
paleontological resources for non-commercial personal use, either by surface
collection or the use of non-powered hand tools resulting in only negligible
disturbance to the Earth’s surface and other resources. As used in this
paragraph, the terms reasonable amount, common invertebrate
and plant paleontological resources and negligible
disturbance shall be determined by the Secretary.
(2)The
term Secretary means the Secretary of the Interior with respect to
lands controlled or administered by the Secretary of the Interior or the
Secretary of Agriculture with respect to National Forest System Lands
controlled or administered by the Secretary of Agriculture.
(3)The term Federal lands means—
(A)lands controlled
or administered by the Secretary of the Interior, except Indian lands;
or
(B)National Forest
System lands controlled or administered by the Secretary of Agriculture.
(4)The term Indian Land 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)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)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)).
3.
(a)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)To
the extent possible, the Secretary of the Interior and the Secretary of
Agriculture shall coordinate in the implementation of this Act.
4.Public awareness
and education programThe
Secretary shall establish a program to increase public awareness about the
significance of paleontological resources.
5.Collection of
paleontological resources
(a)
(1)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 exceptionThe Secretary may allow casual collecting
without a permit on Federal lands controlled or administered by the Bureau of
Land Management, the Bureau of Reclamation, and the Forest Service, where such
collection is consistent with the laws governing the management of those
Federal lands and this Act.
(3)Previous permit
exceptionNothing in this section shall affect a valid permit
issued prior to the date of enactment of this Act.
(b)Criteria for
issuance of a permitThe 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)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
section
7 or is assessed a civil penalty under
section 10
section
8.
(e)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.
6.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.
7.Prohibited acts;
criminal penalties
(a)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 or removed 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)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)A
person who knowingly violates or counsels, procures, solicits, or employs
another person to violate subsection (a) or (b) shall, upon conviction, be
fined in accordance with title 18, United States Code, or imprisoned not more
than 10 years, or both; but if the sum of the commercial and paleontological
value of the paleontological resources involved and the cost of restoration and
repair of such resources does not exceed $500, such person shall be fined in
accordance with title 18, United States Code, or imprisoned not more than one
year, or both.
(d)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.
8.
(a)
(1)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)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, as determined by the Secretary.
(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)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)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
(1)Any person against whom an order is issued assessing a
penalty under subsection (a) may file a petition for judicial review of the
order in the United States District Court for the District of Columbia or in
the district in which the violation is alleged to have occurred within the
30-day period beginning on the date the order making the assessment was issued.
Upon notice of such filing, the Secretary shall promptly file such a certified
copy of the record on which the order was issued. The court shall hear the
action on the record made before the Secretary and shall sustain the action if
it is supported by substantial evidence on the record considered as a
whole.
(2)If any person fails to pay a penalty under this section
within 30 days—
(A)after the order
making 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 in paragraph (1) has entered a final judgment upholding the
assessment of the penalty, the Secretary 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 if found, resides, or transacts business, to
collect the penalty (plus interest at currently prevailing rates from the date
of the final order or the date of the final judgment, as the case may be). The
district court shall have jurisdiction to hear and decide any such action. In
such action, the validity, amount, and appropriateness of such penalty shall
not be subject to review. Any person who fails to pay on a timely basis the
amount of an assessment of a civil penalty as described in the first sentence
of this paragraph shall be required to pay, in addition to such amount and
interest, attorneys fees and costs for collection proceedings.
(c)Hearings
held during proceedings instituted under subsection (a) shall be conducted in
accordance with section 554 of title 5, United States Code.
(d)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
section 9.
9.
(a)The
Secretary may pay from penalties collected under
section 9 or 10
section 7
or 8—
(1)consistent with
amounts established in regulations by the Secretary; or
(2)if no such
regulation exists, 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)All
paleontological resources with respect to which a violation under
section 9 or 10
section 7
or 8 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, shall be subject to civil forfeiture, or upon conviction, to
criminal forfeiture. All provisions of law relating to the seizure, forfeiture,
and condemnation of property for a violation of this Act, the disposition of
such property or the proceeds from the sale thereof, and remission or
mitigation of such forfeiture, as well as the procedural provisions of chapter
46 of title 18, United States Code, shall apply to the seizures and forfeitures
incurred or alleged to have incurred under the provisions of this Act.
(c)Transfer of
seized resourcesThe Secretary may transfer administration of
seized paleontological resources to Federal or non-Federal educational
institutions to be used for scientific or educational purposes.
10.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 exempt from disclosure under section 552 of title 5, United States
Code, and any other law unless the 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.
11.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.
12.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
Public Law
94–429 (commonly known as the Mining in the Parks Act
) (16
U.S.C. 1901 et seq.), 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 under existing laws and authorities relating
to reclamation and multiple uses of Federal lands;
(3)apply to, or
require a permit for, casual 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.
13.Authorization
of appropriationsThere are
authorized to be appropriated such sums as may be necessary to carry out this
Act.
March 11, 2005
Reported with amendments