[Congressional Record Volume 149, Number 36 (Thursday, March 6, 2003)]
[Senate]
[Pages S3254-S3268]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Baucus, Mr. Campbell, Mr. Durbin, 
        Mrs. Feinstein, Mr. Roberts, and Mr. Leahy):
  S. 546. 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. I am 
pleased to have Senators Baucus, Campbell, Durbin, Feinstein, Leahy, 
and Roberts join me as original cosponsors on this significant 
legislation.
  This bill was reported favorably by the Energy and Natural Resources 
Committee, and approved by unanimous consent during the 107th Congress. 
I plan to work closely with my colleagues to enact this bill during the 
108th Congress.
  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 existed regarding the treatment of fossils by Federal 
land management agencies, and emphasized Congress's concerns that lack 
of appropriate standards

[[Page S3266]]

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.'' This assessment outlined 
governing principles for the management of fossils on Federal lands. 
The report recommended that penalties for fossil theft be strengthened 
and that Federal fossil collections be preserved and available for 
research and public education. The interagency group also stated that 
fossils on Federal lands are rare and a part of America's heritage and 
that effective stewardship requires accurate information and 
inventories.
  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 found on Federal lands 
under a system of permits.
  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.
  As we look toward the future, public access to fossil resources will 
take on a new meaning as digital images of fossils become available 
worldwide. The National Museum of Natural History, one of the premier 
Smithsonian museums, already has an online catalogue of 9 million 
specimens, some of which include digital images. Museums will be able 
to provide global access for researchers, collectors, and educators to 
study fossil collections through online catalogs and images. Many 
scientists in developing countries currently lack vital information 
about fossils because they cannot afford travel costs to museums. This 
digital advance will truly make fossils a global resource for the 
public.
  Discoveries in paleontology are made more frequently than we realize. 
They shape how we learn about the world around us. In January of this 
year, Nature reported that Chinese scientists at Beijing's Institute of 
Vertebrate Paleontology and Paleoanthropology discovered several four-
winged dinosaur fossils. This discovery is providing us with critical 
insight into the phenomenon of flight. The Paleontological Resources 
Preservation Act would create a legacy of scientific knowledge for 
future generations.
  The protections offered 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. Congress has not provided a clear statute stating the value 
of paleontological resources to our Nation, as has been provided for 
archeological resources. Fossils are too valuable to be left within the 
general theft provisions that are difficult to prosecute, and they are 
too valuable to the education of our children not to ensure public 
access. We need to work together to make sure that we 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. 546

       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 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.

       (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.

[[Page S3267]]

       (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 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.
       (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 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 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 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) 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 the 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.--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.

     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

[[Page S3268]]

       (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.

                                 ______