[Congressional Record Volume 148, Number 94 (Friday, July 12, 2002)]
[Senate]
[Pages S6708-S6711]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BINGAMAN (for himself, Mr. Breaux, Mr. Conrad, and Mrs. 
        Lincoln):
  S. 2726. A bill to treat certain motor dealer transitional assistance 
as an involuntary conversion, and for other purposes; to the Committee 
on Finance.
  Mr. BINGAMAN. Mr. President, I rise today to introduce legislation 
important to thousands of independent small businesses across the 
country. The legislation I am introducing is a modest tax proposal 
designed to aid the Nation's 2,801 Oldsmobile franchised automobile 
dealers who are currently in the process of ending that relationship 
with General Motors, GM, due to GM's decision to eliminate the 
Oldsmobile product line. This legislation is similar to legislation 
that has been introduced in the House with bipartisan majority of the 
House Ways and Means Committee.
  As many of my colleagues know, GM notified their 2,801 Oldsmobile 
dealers in the United States on December 12, 2000 that they were 
phasing out the 100 year-old Oldsmobile brand and its complete line-up 
of vehicles. The announcement came with little warning to Oldsmobile 
dealers. In fact, many of the dealers had recently signed a new 
agreement with GM on November 1, 2000, with most dealers receiving a 
five-year term.
  As a consequence of its actions, GM is in the process of compensating 
Oldsmobile dealers to assist in the phase-out of their Oldsmobile 
dealerships. These dealers will be required, out of financial 
necessity, to reinvest the payment from GM into other dealership 
opportunities. In many cases, these dealers may face a significant 
financial burden in connection with their efforts to continue in the 
automobile retail business.
  The legislation I am introducing today seeks to lessen that burden by 
treating GM's financial assistance payments, made in connection with 
GM's unilateral decision to phase-out the Oldsmobile product line, as 
an involuntary conversion under an existing section of the Internal 
Revenue Code. Thus, the effect of the legislation is to allow the 
Oldsmobile dealer to defer tax consequences on GM's payments, provided 
that the proceeds are reinvested in other dealership properties in the 
time period specified in the Code.
  Small and family-owned businesses, such as automobile dealerships, 
form the economic backbone of local communities across our country, 
particularly in rural states like my home state of New Mexico. Allowing 
Oldsmobile dealers to reinvest the entire payment received from GM into 
replacement dealership property gives these dealers an opportunity to 
continue family-owned businesses and greatly benefits local economies 
throughout New Mexico and the Nation. I look forward to working with my 
colleagues on advancing this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2726

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MOTOR VEHICLE DEALER TRANSITIONAL ASSISTANCE 
                   TREATED AS AN INVOLUNTARY CONVERSION.

       (a) In General.--For purposes of subtitle A of the Internal 
     Revenue Code of 1986, in the case of a taxpayer who was a 
     party to a motor vehicle sales and service agreement with a 
     motor vehicle manufacturer who announced in December 2000 
     that it would phase-out the motor vehicle brand to which such 
     agreement relates--
       (1) amounts received by such taxpayer from such 
     manufacturer on account of the termination of such agreement 
     shall be treated as received in an involuntary conversion to 
     which section 1033 of such Code applies, and
       (2) the period described in section 1033(a)(2)(B) of such 
     Code shall begin on December 12, 2000.
       (b) Character of Converted Property.--In applying section 
     1033 of such Code for purposes of this section, the property 
     involuntarily converted shall be treated as being property 
     used in the trade or business of a motor vehicle retail sales 
     and service dealership.
       (c) Effective Date.--This section shall apply to amounts 
     received after December 12, 2000, in taxable years ending 
     after such date.
                                 ______
                                 
      By Mr. AKAKA:
  S. 2727. A bill to provide for the protection of paleontological 
resources on Federal lands, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. AKAKA. Mr. President, I rise today to introduce the 
Paleontological Resources Preservation Act to protect and preserve the 
Nation's important fossil record for the benefit of our citizens. 
Vertebrate fossils are rare and valuable natural resources that are 
threatened by a growing commercial market which is being supplied, in 
part, by the illegal collection of fossil specimens. This Act 
establishes a comprehensive national policy for preserving and managing 
paleontological resources found on Federal lands. It provides 
uniformity to the patchwork of statutes and regulations that currently 
exist, and it ensures that the

[[Page S6709]]

public will have educational and scientific access to this part of 
their geological and biological past.
  I would like to emphasize that this bill in no way affects 
archaeological or cultural resources under the Archaeological Resources 
Protection Act of 1979 or the Native American Graves Protection and 
Rehabilitation Act. They are exempted. This bill covers paleontological 
remains, fossils on Federal lands only.
  Fossils are the remains, imprints and traces of once-living organisms 
preserved in the earth's crust. Fossils of vertebrates are the remains 
of animals with a backbone or spinal column, such as dinosaur bones, 
sabertooth tiger teeth, or imprints of bear paws and mammoth tusks. The 
fossil record is our only evidence that life existed on earth 3.5 
billion years ago. Fossils show us that dinosaurs evolved about 220 
million years ago, and that four-legged creatures first walked on land 
about 350 million years ago. Fossils tell us how the physical earth has 
changed over time, how the climate has warmed and cooled, and how the 
mountains have been lifted up from the ocean depths. Fossils can also 
explain how living things have responded to changing conditions, such 
as why mass extinctions of species have occurred at certain times in 
our planet's history.
  In 1999, Congress requested that the Secretary of the Interior review 
and report on the Federal policy concerning paleontological resources 
on Federal lands. In its request, Congress noted that no unified 
Federal policy exists regarding the treatment of fossils by Federal 
land management agencies, and our concern was that the lack of 
appropriate standards would lead to the deterioration or loss of 
fossils, which are valuable scientific resources.
  In response, seven Federal agencies and the Smithsonian Institution 
released a report in May 2000 entitled, ``Assessment of Fossil 
Management on Federal and Indian Lands.'' The report presented seven 
governing principles for the management of fossils on Federal lands. 
These principles are that fossils on Federal lands are rare and a part 
of America's heritage; that effective stewardship requires accurate 
information and inventories; that penalties for fossil theft should be 
strengthened; and that Federal fossil collections should be preserved 
and available for research and public education.
  The Paleontological Resources Preservation Act embodies these 
principles, and provides the paleontological equivalent of protections 
found in the Archeological Resources Preservation Act. The bill finds 
that fossil resources on Federal lands are an irreplaceable part of the 
heritage of the United States. It affirms that reasonable access to 
fossil resources should be provided for scientific, educational, and 
recreational purposes. The bill acknowledges the value of amateur 
collecting, but protects vertebrate fossils under a system of permits.
  You might wonder why such a bill is needed. Who would want to take 
these fossils, and what would a person do with them? Let me give you an 
example. On September 24, 2000, four individuals at Badlands National 
Park in South Dakota collected 1,700 fossil specimens that represented 
a variety of different types of animals. This area was scheduled for a 
scientific survey in July 2002, but because these four individuals 
removed the fossils from their context, scientists could no longer 
ascertain the position of the fossils in the layers of rock, and the 
scientific and educational value of the fossils was destroyed. So what 
happened to these individuals? To be honest, not much. Each one of the 
four was fined between $250 and $1,000 for the theft of 1,700 pieces of 
our paleontological history.

  You might think the fines were a lot of money until you realize how 
much fossils are worth. Trade in fossils is big business. With the 
popularity of paleontology programs on the Discovery Channel and movies 
like Jurassic Park, people are starting their own collections at home, 
and corporations are buying fossils as investments, similar to the 
purchase of works of art. For example, the complete skeleton of a T-Rex 
was recently sold for $8.6 million at auction to the Field Museum of 
Chicago.
  Paleontological resources can be sold on the market for a hefty 
price, and they are being stolen from public lands without regard to 
science and education. Even worse is the fact that the people who steal 
fossils aren't being held responsible for their actions and there is no 
incentive to stop the theft in the future. Less than one percent of 
organisms become fossils, and they are the key to understanding 
evolutionary patterns and processes. We need to protect these resources 
before it's too late.
  The protections I offer in this Act are not new. Federal land 
management agencies have individual regulations prohibiting theft of 
government property. However, the reality is that U.S. Attorneys are 
reluctant to prosecute cases involving fossil theft because they are 
difficult. We in Congress have not provided a clear statute stating the 
value of paleontological resources to our nation, as we did for 
archeological resources. Fossils are too valuable to be left within the 
general theft provisions that are impossible to defend in court, and 
they are too valuable to the education of our children to not ensure 
public access. We need to work together to make sure that we in 
Congress fulfill our responsibility as stewards of public lands, and as 
protectors of our nation's natural resources.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2727

       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.

     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 non-powered hand tools resulting in negligible disturbance 
     to the Earth's surface.
       (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 or National 
     Forest System Lands administered by the Secretary of 
     Agriculture.
       (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.
       (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, 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));
       (B) any cultural item (as defined in section 2 of the 
     Native American Graves Protection and Rehabilitation Act (25 
     U.S.C. 3001)); or
       (C) energy minerals such as coal, oil and gas, oil shale, 
     bitumen, lignite, asphaltum, and tar sands.

     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

[[Page S6710]]

     the scientific and educational use of paleontological 
     resources, in accordance with applicable agency laws, 
     regulations, and policies. These plans shall emphasize 
     interagency coordination and collaborative efforts where 
     possible with non-Federal partners, the scientific community, 
     and the general public.
       (b) Coordination of Implementation.--To the extent 
     possible, the Secretary of the Interior and the Secretary of 
     Agriculture shall coordinate in the implementation of this 
     Act.

     SEC. 6. PUBLIC AWARENESS AND EDUCATION PROGRAM.

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

     SEC. 7. COLLECTION OF PALEONTOLOGICAL RESOURCES.

       (a) Permit Requirement.--
       (1) In general.--Except as provided in this subsection, 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 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.
       (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) The Secretary shall modify, suspend, or revoke a 
     permit--
       (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.
       (e) Area Closures.--In order to protect paleontological 
     resource 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 if such resource was excavated, removed, exchanged, 
     transported, or received from Federal lands in violation of 
     any provisions, rule, regulation, law, ordinance, or permit 
     in effect under Federal law, including this Act; or
       (3) sell or purchase or offer to sell or purchase any 
     paleontological resource if 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) Penalities.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), a person who knowingly or willingly 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) Limitaiton.--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.
       (b) Hearings.--Hearings held during proceedings instituted 
     under subsection (a) shall be conducted in accordance with 
     section 554 of title 5, United States Code.
       (c) 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

[[Page S6711]]

     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.

     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; or
       (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.

     SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

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

                          ____________________