[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Rules and Regulations]
[Pages 47296-47329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16405]



[[Page 47295]]

Vol. 87

Tuesday,

No. 147

August 2, 2022

Part II





Department of the Interior





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National Park Service





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36 CFR Part 2





Office of the Secretary of the Interior





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43 CFR Part 49





Bureau of Land Management





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43 CFR Part 8360





Fish and Wildlife Service





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50 CFR Part 27





Paleontological Resources Preservation; Final Rule

  Federal Register / Vol. 87 , No. 147 / Tuesday, August 2, 2022 / 
Rules and Regulations  

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 2

Office of the Secretary of the Interior

43 CFR Part 49

Bureau of Land Management

43 CFR Part 8360

Fish and Wildlife Service

50 CFR Part 27

[Docket NPS-2016-0003; FWS-93261, FXRS12630900000, FF09R81000, 167; 
BOR-RR83530000, 190R5065C6, RX.59389832.1009676; BLM-
19X.LLW0240000.L10500000.PC0000.LXSIPALE0000; NPS-GPO Deposit Account 
4311H2]
RIN 1093-AA25


Paleontological Resources Preservation

AGENCY: Bureau of Land Management, Bureau of Reclamation, National Park 
Service, U.S. Fish and Wildlife Service; Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Department of the Interior (DOI or Department) is 
promulgating this regulation under the Paleontological Resources 
Preservation Act. This regulation provides for the management, 
preservation, and protection of paleontological resources on lands 
administered by the Bureau of Land Management, the Bureau of 
Reclamation, the National Park Service, and the U.S. Fish and Wildlife 
Service, and ensures that these federally owned resources are available 
for present and future generations to enjoy as part of America's 
national heritage. The regulation addresses the management, collection, 
and curation of paleontological resources from Federal lands using 
scientific principles and expertise, including collection in accordance 
with permits; curation in an approved repository; and maintenance of 
confidentiality of specific locality data. The regulation details the 
processes related to the civil and criminal penalties for illegal 
collecting, damaging, otherwise altering or defacing, or selling 
paleontological resources.

DATES: This regulation is effective September 1, 2022. Submit comments 
on the information collection requirements of this final regulation on 
or before September 1, 2022.

ADDRESSES: The comments received on the proposed rule are available on 
http://www.regulations.gov in Docket ID: NPS-2016-0003. Written 
comments and recommendations for the proposed information collection 
should be sent within 30 days of publication of this rule to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function. Please provide a 
copy of your comments to the Departmental Information Collection 
Clearance Officer, Office of the Secretary/Office of the Chief 
Information Officer, 1849 C Street NW, Washington, DC 20240. Please 
reference OMB Control Number 1093-0008 in the subject line of your 
comments.

FOR FURTHER INFORMATION CONTACT: Julia F. Brunner, Geologic Resources 
Division, National Park Service, by telephone: (303) 969-2012 or email: 
[email protected]. Persons who use a telecommunications device 
for deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-
8339 to contact the above individual during normal business hours. FRS 
is available 24 hours a day, 7 days a week, to leave a message or 
question with the above individual. You will receive a reply during 
normal business hours.

SUPPLEMENTARY INFORMATION: 

Background

    The Bureau of Land Management (BLM), Bureau of Reclamation 
(Reclamation), U.S. Fish and Wildlife Service (FWS), and National Park 
Service (NPS) have long managed, protected, and preserved fossils under 
various legal authorities as a nonrenewable resource with scientific 
and educational value. For example, all four bureaus have required a 
permit for fossil collection (the exception is BLM, which has allowed 
collection of common plant and invertebrate fossils in certain areas 
without a permit); required fossils collected under permit to be 
curated in accordance with DOI museum management standards; protected 
fossils from theft and vandalism; and closed areas to fossil collection 
as appropriate for protection or other management reasons.
    However, the laws and regulations under which the bureaus have 
managed, protected, and curated fossils have not always been clearly 
understood or uniformly implemented (see, e.g., Congressional Research 
Service Report for Congress, Fossils on Federal Lands: Current Federal 
Laws and Regulations (1998)). To address this concern, the Senate 
Interior Appropriations Subcommittee in 1999 requested that DOI, the 
U.S. Department of Agriculture (USDA) Forest Service (FS), and the 
Smithsonian Institution prepare a report on fossil resource management 
on Federal lands (see Sen. Rep. 105-227, at 60 (1998)). The request 
directed these entities to analyze (1) the need for a unified Federal 
policy for the collection, storage, and preservation of fossils; (2) 
the need for standards that would maximize the availability of fossils 
for scientific study; and (3) the effectiveness of current methods for 
storing and preserving fossils collected from Federal lands. During the 
course of preparing the report, the agencies held a public meeting to 
gather public input. The DOI published its report to Congress, 
``Assessment of Fossil Management of Federal and Indian Lands,'' in May 
2000.
    After the report was released, a bill reflecting what is now the 
Paleontological Resources Preservation Act (PRPA) was introduced in the 
107th Congress. PRPA was modeled after the Archaeological Resources 
Protection Act of 1979, as amended (16 U.S.C. 470aa-470mm), and 
emphasized the recommendations and guiding principles in the May 2000 
report. Lawmakers reintroduced the bill in subsequent Congresses 
through the 111th Congress when it was included as a subtitle in the 
Omnibus Public Land Management Act, which became law on March 30, 2009. 
Legislative history demonstrates that PRPA (16 U.S.C. 470aaa-470aaa-11) 
was enacted to preserve paleontological resources for current and 
future generations because these resources are non-renewable and are an 
irreplaceable part of America's heritage. PRPA requires that 
implementation be coordinated between the Secretaries of the Interior 
and Agriculture (16 U.S.C. 470aaa-1).

Previous Federal Actions

    The USDA and the DOI formed an interagency coordination team (ICT) 
in April 2009 to draft proposed regulations. Members of the ICT 
included paleontologists, program leads, and regulatory specialists 
from the USDA's Forest Service and the affected DOI bureaus: the BLM, 
Reclamation, NPS, and FWS. The Forest Service published a proposed 
regulation on May 23, 2013 (78 FR 30810) for a 60-day comment period 
and then published a final regulation on April 17, 2015 (80 FR 21588). 
DOI published a proposed regulation (RIN 1093-AA16) on December 7, 2016 
(81 FR 88173), also for a 60-day comment period. The public comment 
period ended on

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February 6, 2017. The Department of the Interior withdrew the 
rulemaking action from the Spring 2017 Unified Agenda of Regulatory and 
Deregulatory Actions to allow the Department to assess the action 
further. DOI determined rulemaking was appropriate and included the 
rulemaking on the Spring 2018 Unified Agenda of Regulatory and 
Deregulatory Actions, under the current RIN.

Final Rule

    This rule establishes unified DOI regulations for the management of 
paleontological resources on Federal lands under the jurisdiction of 
the Secretary of the Interior, and administered by BLM, Reclamation, 
NPS, and FWS. The rule amends title 43 of the Code of Federal 
Regulations (CFR) by adding a new part 49 entitled ``Paleontological 
Resources Preservation.'' In accordance with 16 U.S.C. 470aaa-1, the 
rule outlines how the four bureaus manage, protect, and preserve 
paleontological resources on Federal land using scientific principles 
and expertise. This rule makes conforming amendments to 36 CFR part 2, 
43 CFR part 8360, and 50 CFR part 27 to update the authority citation 
and reference the newly established part 49 of title 43.
    The following presents a summary of subparts A through I of the 
final regulation, followed by responses to public comments received. 
For a more detailed discussion and a section-by-section analysis of 
subparts A through I, refer to the proposed rule (81 FR 88173, December 
7, 2016).

Subpart A--Preserving, Managing, and Protecting Paleontological 
Resources

    Subpart A of the final regulation (43 CFR 49.1 through 49.40) 
implements several provisions of the Act, including 16 U.S.C. 470aaa, 
470aaa-1, 470aaa-2, 470aaa-8, 470aaa-9, and 470aaa-10. This subpart 
explains the scope of the rule (Sec.  49.1); contains definitions of 
key terms used in the regulation (Sec.  49.5); clarifies that this rule 
does not supplant other laws and regulations that authorize the bureaus 
to preserve, manage, and protect paleontological resources on and from 
Federal lands (Sec.  49.10); explains the locations and situations in 
which this rule does not apply (Sec.  49.15); explains that the 
regulation does not create new rights or entitlements (Sec.  49.20); 
explains when confidentiality of information about specific localities 
of paleontological resources is required (Sec.  49.25); describes how 
the bureaus will conduct inventory, monitoring, and preservation 
activities (Sec.  49.30); describes how the bureaus will foster public 
education and awareness (Sec.  49.35); and explains the circumstances 
in which the bureaus may restrict access or collection (Sec.  49.40).

Subpart B--Paleontological Resources Permitting; Requirements, 
Modifications, and Appeals

    Subpart B of the final regulation (43 CFR 49.100 through 49.145) 
implements the permitting provisions at 16 U.S.C. 6304 of the Act. This 
subpart specifies when a permit is required to collect paleontological 
resources from Federal land (Sec.  49.100); describes who may receive a 
permit (Sec.  49.105); describes permit applicant qualification 
requirements (Sec.  49.110); explains where to file permit applications 
and the required content (Sec.  49.115); sets out how bureaus make 
decisions about permit applications (Sec.  49.120); describes the terms 
and conditions required for permits (Sec.  49.125); explains when and 
how a permit may be modified, suspended, revoked or cancelled (Sec.  
49.130); states that permit-related decisions are appealable (Sec.  
49.135); sets forth the permit appeal process (Sec.  49.140); and 
states that OMB has approved the information collection provisions in 
this regulation (Sec.  49.145).

Subpart C--Management of Paleontological Resource Collections

    Subpart C of the final regulation (43 CFR 49.200 through 49.215) 
implements section 6305 of the Act (16 U.S.C. 470aaa-4). This subpart 
requires paleontological resources collected under the final regulation 
to be deposited into an approved repository (Sec.  49.200); lists the 
criteria for approval of a repository (Sec.  49.205); lists the 
requirements for agreements between bureaus and approved repositories 
(Sec.  49.210); and describes the standards for management of 
collections made under the final regulations (Sec.  49.215).

Subpart D--Prohibited Acts

    Subpart D of the final regulation contains one section (43 CFR 
49.300). For public notice and clarity, this subpart restates section 
6306 of the Act (16 U.S.C. 470aaa-5).

Subpart E--Criminal Penalties

    Subpart E of the final regulation implements section 6306 of the 
Act (16 U.S.C. 470aaa-5). Subpart E contains one section, 43 CFR 
49.400, which describes the criminal penalties applicable to persons 
who knowingly commit or counsel, solicit, or employ another person to 
commit any of the prohibited acts described in subpart D. Bureaus may 
also utilize other authorities to issue citations for criminal 
violations involving paleontological resources.

Subpart F--Civil Penalties

    Subpart F of the final regulation (43 CFR 49.500 through 49.575) 
implements section 6307 of the Act (16 U.S.C. 470aaa-6), and sets forth 
the process and requirements for the assessment of a civil penalty upon 
a person who commits one of the actions prohibited by subpart D. This 
subpart describes when a civil penalty may be assessed (Sec.  49.500); 
explains that the first step of the process is issuance of a notice of 
violation (Sec.  49.505); describes the contents of the notice of 
violation, including a proposed assessment of civil penalty (Sec.  
49.510); explains how a person may object to the notice of violation 
(Sec.  49.515); explains the timing of a final assessment of civil 
penalty (Sec.  49.520); describes how the proposed and final 
assessments of civil penalty are calculated (Sec.  49.525); describes 
the service and contents of a final assessment of civil penalty (Sec.  
49.530); sets forth the person's options for responding to the final 
assessment of civil penalty (Sec.  49.535); describes the procedures 
for a hearing, if requested, at the Departmental Cases Hearings 
Division (Sec.  49.540); describes the contents of the administrative 
law judge's decision, if there is one (Sec.  49.545); describes how 
that decision may be appealed (Sec.  49.550); explains the procedures 
governing such an appeal (Sec.  49.555); sets forth the deadlines for 
payment of the civil penalty (Sec.  49.560); explains when a person 
assessed a civil penalty may seek judicial review (Sec.  49.565); 
explains the consequences of failing to pay the civil penalty (Sec.  
49.570); and describes the uses for collected civil penalties (Sec.  
49.575).

Subpart G--Determining Scientific Value, Commercial Value, and the Cost 
of Response, Restoration, and Repair

    The purpose of subpart G (43 CFR 49.600 through 49.610) of the 
final regulation is to establish the factors used to determine the 
level of criminal penalties that will be imposed under subpart E and 
the amount of civil penalties that will be imposed under subpart F of 
the final regulations. Subpart G, which implements sections 6306(c) and 
6307(a)(2) of the Act (16 U.S.C. 470aaa-5(c) and 470aaa-6(a)(2)), does 
not apply to other management aspects of paleontological resources 
under the final regulation and the Act. This subpart describes how 
scientific value is determined for criminal and civil penalties (Sec.  
49.600); describes how commercial value is determined for

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criminal and civil penalties (Sec.  49.605); and describes how the cost 
of response, restoration, and repair is determined for criminal and 
civil penalties (Sec.  49.610).

Subpart H--Forfeiture and Rewards

    The purpose of subpart H (43 CFR 49.700 and 49.705) is to implement 
section 6308 of the Act (16 U.S.C. 470aaa-7). This subpart explains how 
forfeiture of paleontological resources that are related to a violation 
of the Act and the final regulation may take place (Sec.  49.700); and 
explains how rewards for information leading to a finding of civil 
violation or criminal conviction are to be determined and distributed 
(Sec.  49.705).

Subpart I--Casual Collection of Common Invertebrate or Plant 
Paleontological Resources on Bureau of Land Management and Bureau of 
Reclamation Administered Lands

    The purpose of subpart I (43 CFR 49.800 through 49.810) is to 
implement casual collection as authorized by sections 6301(1) and 
6304(a)(2) of the Act (16 U.S.C. 470aaa(1) and 470aaa-3(a)(2)). This 
subpart clarifies that casual collecting is not allowed on lands 
administered by NPS or FWS (Sec.  49.800); describes where casual 
collecting is allowed on lands administered by BLM and Reclamation 
(Sec.  49.805); and defines the parameters of casual collecting (Sec.  
49.810).

Summary of Public Comments

    During the public comment period, DOI received 466 comment 
submissions containing 1,611 separate comments. DOI received comments 
from amateur collectors, professional academic paleontologists, 
repository managers, paleontology consultants, and students. Sixty 
percent (60%) of the comments received by DOI addressed subpart I 
(casual collection). Twelve percent (12%) of the comments addressed 
subpart B (permitting). Eight percent (8%) addressed subpart A 
(management). Five percent (5%) of the comments addressed subpart C 
(curation). DOI received fewer comments on the remaining subparts. Most 
comments were helpful and constructive. DOI was not able to address 
those comments that criticized regulatory provisions required by the 
Act. However, each comment received consideration in the development of 
the final rule.
    The following discussion addresses substantive information provided 
during the comment period, by topic, and includes a table that lists 
substantive changes that the bureaus made in the final rule based on 
comment analysis and other considerations.

General Comments

    This section summarizes DOI's response to public comments that did 
not relate to a particular section of the proposed DOI regulations.
    1. Comment: Many commenters stated that Congress should appropriate 
enough funds for the bureaus to hire more paleontologists to implement 
the regulations and the Act.
    Bureau response: The bureaus will work with Congress as appropriate 
to identify and allocate the resources needed to carry out the 
provisions of the Act and the final regulations. The bureaus will also 
continue to foster partnerships with amateur paleontologists, local 
communities, and scientists in order to enhance the bureaus' capacity 
to preserve, manage, and protect these nonrenewable resources.
    2. Comment: Any plans, procedures, policies, and agreements 
developed by each bureau following promulgation of the regulations 
should be coordinated and standardized among the bureaus. Bureau 
national offices, rather than individual field offices, should 
establish any agreements with repositories.
    Bureau response: The bureaus agree with the comment and intend to 
standardize their processes to the maximum extent practicable. The 
bureaus do not believe it is necessary for the regulation to require 
national rather than field offices to establish agreements with 
repositories.
    3. Comment: The discretion reflected in the regulations may lead to 
inconsistent actions across DOI lands, introducing confusion for 
permittees and repositories.
    Bureau response: The discretion reflected in the regulation is 
reasonable and affords the bureaus the flexibility needed to 
accommodate differing resources, issues, and areas. The bureaus will be 
as transparent as possible in the implementation of the regulations in 
order to reduce potential confusion on the part of the public.

Comments Related to Specific Sections of the Rule

Subpart A--Preserving, Managing, and Protecting Paleontological 
Resources

    4. Comment: Several commenters stated that the term 
``preservation'' necessitates collection of fossils from the ground. 
One commenter stated that fossils must be collected in order to be 
preserved, i.e., saved from erosion and weathering, and asked the 
bureaus to either delete all references in the regulations to 
``preservation'' or to amend the regulations to say that fossils must 
be collected if they are to be preserved from the destructive forces of 
nature.
    Bureau response: Although numerous commenters share this 
perspective, other people and cultures who use, enjoy, and value 
federally administered lands do not agree. During the rulemaking 
process, the bureaus learned that some Native American Tribes value all 
fossils (vertebrate, invertebrate, and plant) in situ and believe that 
they should be left undisturbed in their resting place. These Tribes 
asserted that many federally administered lands are ancestral Tribal 
lands, many of which include important archaeological resources that 
might be damaged by fossil collection. In addition, these Tribes 
expressed concern that collection might interfere with natural 
processes and noted that negative consequences may, and often do, 
result from such interference.
    Additionally, fossils contain the maximum potential to be 
scientifically informative prior to their excavation. It is in that 
state that researchers can observe and document their geological 
context. Therefore, it is often desirable for land managers to preserve 
known fossil resources in the ground, awaiting specific research needs 
or new technologies before removing them.
    The Act, and therefore the final DOI regulations, strike a middle 
ground between these perspectives. First, the Act does not state or 
imply that the term ``preservation'' means that all fossils must be 
collected. The Act authorizes, but does not require, collection of 
paleontological resources. Second, the Act does not predicate 
collection on threats of weathering; instead it specifies that 
paleontological resources may be collected only by qualified persons, 
for the purpose of furthering paleontological knowledge or for public 
education and in accordance with bureau terms and conditions. The final 
regulations reflect this Congressional intent, and therefore retain the 
words ``preserve'' (see, e.g., Sec.  49.1) and ``preservation.''
    5. Comment: The definition of ``associated records'' should not 
include scientific records.
    Bureau response: The definition in Sec.  49.5 of the regulations is 
consistent with existing bureau guidance, including the Department 
Manual (DM) at Part 411 DM, Identifying and Managing Museum Property.
    6. Comment: Several commenters expressed confusion regarding the 
proposed rule's definition of ``collection.''

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    Bureau response: The bureaus appreciate the comments and simplified 
this definition in Sec.  49.5 of the final regulations to be consistent 
with Part 411 DM, Identifying and Managing Museum Property. Part 411 of 
the DM sets forth the authorized approach to documenting and issuing 
instructions, policies, and procedures that have general and continuing 
applicability to Departmental activities, or that are important to the 
management of the Department.
    7. Comment: One commenter asked whether ``consumptive use'' 
includes sampling such as invasive sampling.
    Bureau response: The commenter is correct; invasive sampling is the 
same as consumptive use. The bureaus modified the term in Sec.  49.5 of 
the final regulations from ``consumptive use'' to ``consumptive 
analysis.''
    8. Comment: A few commenters expressed confusion about the proposed 
rule's use of the terms ``curation'' and ``curatorial services.'' Other 
commenters asked about the difference between ``curation'' and 
``deposit.''
    Bureau response: To address the comments, the final regulations use 
the term ``curation'' only (see Sec.  49.5). To clarify the difference 
between curation and deposit, the final rule defines the term 
``deposit.''
    9. Comment: The definition of ``Federal land'' is unclear and too 
broad; it could potentially include lands administered by the 
Department of Defense.
    Bureau response: The proposed regulations defined ``Federal land'' 
as applying only to the lands that are administered by BLM, 
Reclamation, FWS, or NPS.
    10. Comment: Many commenters, particularly scientists and 
repository managers, stated that ``Federal land managers'' (referred to 
as ``authorized officers'' in the proposed regulations) lack expertise 
and education sufficient to adequately manage paleontological 
resources, and therefore the scientists or repository managers should 
make these decisions on the bureaus' behalf.
    Bureau response: It is the responsibility of Federal land managers 
to manage all resources, impacts, and uses of the lands within the 
bureaus' jurisdiction, consistent with Federal laws, regulations, court 
decisions, policies, available resources, and stakeholder input. 
Federal land managers may not delegate this responsibility absent 
specific statutory authorization. Therefore, when managing 
paleontological resources Federal land managers rely on informed input 
from many sources, including, but not limited to, paleontologists, 
geologists, biologists, museum curators, law enforcement rangers, 
historians, other agencies and institutions, and the public. The 
definition of ``Federal land manager'' at Sec.  49.5 in the final 
regulations is worded to include this collaboration.
    11. Comment: The proposed rule's definition of ``fossilized'' was 
unclear.
    Bureau response: The definition provided in Sec.  49.5 reflects the 
common understanding of what is fossilized. The bureaus modified the 
definition to clarify that the preserved content contains evidence or 
remains of once-living organisms. The term ``paleontological 
resource,'' provided by the Act, is a subset of what is fossilized. 
Thus, for the purposes of the Act and this regulation, all 
paleontological resources are fossilized, but not all fossils are 
paleontological resources.
    12. Comment: Commenters asked whether the terms ``fossil'' and 
``paleontological resource'' are synonymous.
    Bureau response: Fossils are presumed to be paleontological 
resources, subject to the Act and these regulations, except when they 
are an archaeological resource (subject to 16 U.S.C. 470bb(1)) or are a 
cultural item (subject to 25 U.S.C. 3001), or when the Federal land 
manager determines that the fossils do not have paleontological 
interest under the Act and these regulations. However, even when 
fossils are not a paleontological resource under the Act and these 
regulations, they are still regulated and managed under the bureaus' 
other legal and regulatory authorities, or under State or Tribal law.
    13. Comment: Several commenters expressed the view that the bureaus 
should define the concept of ``paleontological interest,'' narrowly if 
possible.
    Bureau response: Under the Act and these regulations, the concept 
of paleontological interest is relevant only to the determination of 
whether or not a fossil is a paleontological resource. If a fossil is 
determined to lack paleontological interest, it is not considered a 
``paleontological resource'' and is not subject to the Act and these 
regulations. However, due to the savings provision of the Act and these 
regulations, even if a fossil is determined not to be a paleontological 
resource, it is still subject to other laws and regulations. The 
concept of paleontological interest is not relevant for any other 
purposes under the Act and these regulations. Therefore, defining 
paleontological interest did not appear to be necessary or advisable, 
particularly since any definition may become outdated--for instance, as 
scientific knowledge develops or management practice changes.
    14. Comment: A commenter asked the bureaus to define ``plant'' and 
``invertebrate'' paleontological resources with more specificity.
    Bureau response: The bureaus do not believe that more details in 
the definition of paleontological resources are necessary for the 
implementation of the regulations, beyond stating in Sec.  49.810(a)(1) 
that the term ``common non-vertebrate'' means ``common invertebrate or 
plant.''
    15. Comment: One Tribe requested that the bureaus modify the 
definition of a ``paleontological resource'' to state that all 
paleontological resources are cultural resources.
    Bureau response: The Act provides the definition for 
``paleontological resource.'' When a fossil fits the definition of an 
archaeological resource (provided by 16 U.S.C. 470bb(1)) or the 
definition of a cultural item (provided by 25 U.S.C. 3001), it will be 
managed as that resource.
    16. Comment: One commenter stated that paleontological resources, 
by definition, are of paleontological interest because they have value 
to scientists.
    Bureau response: Under the regulations, a fossil is presumed to 
have paleontological interest and therefore be subject to the 
regulations unless and until the Federal land manager determines that 
the fossil does not have paleontological interest, is an archaeological 
resource as provided by 16 U.S.C. 470bb(1), or is a cultural item 
according to 25 U.S.C. 3001 and therefore it is not a ``paleontological 
resource.'' In such cases, the fossil would not be subject to the Act 
and these regulations. A fossil might be determined not to have 
paleontological interest for reasons that might include, but are not 
limited to, redundancy or loss of context. For example, a Federal land 
manager may determine that a particular exposure of abundantly 
represented and extensively researched shark teeth is so highly 
redundant that it does not contribute new information and, therefore, 
lacks paleontological interest. A fossil that is determined not to have 
paleontological interest is not a paleontological resource under the 
Act or these regulations and therefore is not regulated under the Act 
or these regulations, but is managed under other laws and regulations.
    17. Comment: One commenter expressed confusion about whether 
fossils that have been determined not to be paleontological resources 
are subject to the casual collecting part of the regulations.

[[Page 47300]]

    Bureau response: If a fossil is determined by a Federal land 
manager not to be a paleontological resource, then that fossil is not 
subject to the Act or these regulations. Collection and use of these 
non-paleontological resources are governed by other laws and 
regulations. For example, visitors may collect petrified wood on BLM-
administered lands under the free use exemption provided at 43 CFR part 
3620. By contrast, visitors may not engage in casual collecting of any 
fossils, including petrified wood or paleontological resources, in 
areas administered by NPS or FWS.
    18. Comment: Some commenters expressed confusion about when the 
bureaus would manage a fossil as a mineral material and when they would 
manage it as a paleontological resource.
    Bureau response: The savings provisions of the Act (16 U.S.C. 
470aaa-10) state that laws providing for mineral materials disposal are 
not modified by the Act. Accordingly, Sec.  49.15(d)(1) of these 
regulations excludes certain fossilized minerals and geological units 
on lands administered by BLM and Reclamation from management under this 
rule. This is consistent with language provided in the USDA Forest 
Service rule at 36 CFR 291.9(d), as well as with longstanding BLM 
policy and practice. In response to the comments, Sec.  49.15 of the 
final regulations clarifies that, on lands administered by BLM and 
Reclamation, petrified wood is excluded from this regulation because 
petrified wood on BLM- and Reclamation-administered land is a mineral 
material according to the Petrified Wood Act of 1962 (Pub. L. 87-713, 
30 U.S.C. 611) and is governed by the mineral material disposal laws 
(30 U.S.C. 601-604). Scientifically important occurrences of petrified 
wood on lands managed by BLM and Reclamation may be preserved under 
other applicable authorities. On lands administered by BLM or 
Reclamation, regulations at 43 CFR part 3620 authorize free use 
collection of petrified wood.
    19. Comment: One commenter asked for the definition of 
paleontological resources to exempt fossil pollen because permits have 
not been required historically for its collection.
    Bureau response: The Act and these regulations require permits for 
the collection of all paleontological resources, with the exception of 
paleontological resource collection that meets the definition of and 
parameters for casual collecting on certain lands administered by BLM 
and Reclamation in subpart I of these regulations. Collection of fossil 
pollen on lands administered by BLM and Reclamation, when conducted 
consistent with the definitions of and parameters of casual collecting 
in subpart I, does not require a permit.
    20. Comment: Commenters noted that the bureaus should not consider 
conodonts and non-vertebrate microfossils paleontological resources.
    Bureau response: The Act and these regulations require permits for 
the collection of all paleontological resources, with the exception of 
paleontological resource collection that meets the definition of and 
parameters for casual collecting on certain lands administered by BLM 
and Reclamation in subpart I of these regulations. The proposed rule 
noted the issues surrounding conodonts, which often lack 
paleontological interest and therefore, under the Act's definition, 
should not be considered paleontological resources. In response to the 
public comments on the proposed rule, conodonts on and from lands 
administered by BLM and Reclamation are not subject to the final 
regulation (Sec.  49.15(d)(3)).
    21. Comment: Commenters expressed confusion about the impact of the 
regulations on other laws that apply to paleontological resources or 
fossils.
    Bureau response: Section 49.10 clarifies that these regulations do 
not supplant other laws and regulations that authorize the bureaus to 
preserve, manage, and protect paleontological resources on and from 
Federal lands. In other words, those other laws and regulations 
continue to apply to paleontological resources in addition to these 
regulations.
    22. Comment: Commenters expressed concern about the impact of 
mining, grazing, recreational, and other uses of Federal lands on 
paleontological resources.
    Bureau response: Section 49.15 of these regulations explains that 
these regulations may not be used as the basis for additional 
requirements for mineral, reclamation, or related multiple-use 
activities that are authorized or permitted under the general mining, 
mineral leasing, geothermal leasing, or mineral materials disposal 
laws. Those types of permits, such as mining plans of operation, may 
contain stipulations designed to protect paleontological resources, but 
the basis for such stipulations would be laws and regulations other 
than these regulations. Conversely, this regulation may be used as the 
basis for paleontological resource-protective requirements in non-
mineral-related permits. Section 49.15 also clarifies that these 
regulations apply only to paleontological resources on and from Federal 
lands as defined in these regulations. Fossils that are not 
paleontological resources, or that are located in or are from areas 
that are not Federal lands as defined in these regulations, are 
protected under other laws and regulations.
    23. Comment: The regulations should require paleontological surveys 
on Federal lands before the bureaus allow activities that would damage 
paleontological resources, including mining, off-road vehicle use, 
other recreational access, and mineral collection.
    Bureau response: Paleontological surveys may be required in order 
to satisfy other statutes, including the National Environmental Policy 
Act (NEPA) and others, and bureaus already conduct, and will continue 
to conduct these surveys under their existing programs.
    24. Comment: Many commenters, especially field and museum 
professionals, asked for clarification on how they will be able to 
identify a paleontological site or location to the public in reports, 
scientific literature, websites, or by other public dissemination.
    Bureau response: In the final rule, the bureaus have streamlined 
and simplified the process for determining when researchers may 
disclose specific locality information. Section 49.25 of the 
regulations implements the Act's requirement to maintain 
confidentiality of specific locality information unless and until the 
bureau finds that releasing the specific location information would not 
create a risk of harm to or theft or destruction of the resource or 
site containing the resource, and would also be consistent with the Act 
and other laws that apply to the resource.
    Researchers can provide generalized locality information in their 
papers as well as including a statement directing readers to 
appropriate contacts for more specific information if needed. 
Researchers can also work with the bureaus to determine which specific 
locality information can be disclosed without creating a risk of harm 
to or theft or destruction of the resource or site containing the 
resource. Permittees may work with the Federal land manager to develop 
permit-specific allowances for the release of specific locality data 
collected under that permit. In addition, the bureaus may develop 
agreements with repositories regarding the sharing of specific location 
information for the purposes of scientific research or museum 
management.
    The bureaus may develop guidance regarding the publication of 
paleontological site or location data that

[[Page 47301]]

recognizes a profession-wide approach or series of best practices that 
are also in accordance with the Act. Under the standard process, 
applicants submit a proposed research purpose and design, the bureaus 
evaluate the application, including the professional qualifications and 
expertise of the applicant and the benefits and impacts of the project, 
and then the bureaus develop the terms and conditions in the permit and 
the repository agreement that will, among other things, address 
confidentiality and disclosure of specific location information 
throughout the life of the permit and the agreement, supporting the 
goals of the permittee, the bureau, and the repository. This process is 
used by the U.S. Forest Service and was explained in response to 
similar comments received by the U.S. Forest Service when it 
promulgated its regulations in 2015. See 80 FR 21588, 21606 (April 17, 
2015). Future guidance issued by the DOI bureaus may clarify or adjust 
this standard process in coordination with permittees and repositories 
to support the conservation, understanding, management, and publication 
of new knowledge about paleontological resources. The BLM intends to 
issue guidance after the effective date of this rule that would allow 
for the release of locality data at certain thresholds that would not 
require case-by-case evaluations of the potential for harm to resources 
or sites containing resources. All of the bureaus are open to 
considering flexibilities within the standard process that would allow 
for the release of specific locality data in a manner that is less 
burdensome for the bureaus, the permittees, and the repositories, 
provided that any such actions are consistent with these regulations 
and the protections in the Act.
    25. Comment: Many commenters expressed the opinion that the 
confidentiality requirement is a prohibition, is censorship, and is 
antithetical to science. Some suggested that the bureaus should 
evaluate the risks of disclosure based on various organizations' 
guidelines for information dissemination. Some stated that knowledge 
and disclosure of specific locality data is necessary for many types of 
paleontological research and for publishing scientific papers. 
Commenters also asserted that confidentiality requirements are 
inconsistent with some museums' collections management policies. 
Another commenter stated that the process for deliberating and 
releasing specific location data might take too long. Other commenters 
expressed confusion about whether the confidentiality provisions in the 
proposed regulations apply to paleontological resources that were 
collected before the effective date of the Act and regulations and/or 
from non-Federal or split estate lands (lands with Federal mineral 
interests underlying non-federal surface interests).
    Bureau response: The confidentiality provisions in the final 
regulations at Sec.  49.25 and Sec.  49.215 reflect the language of the 
Act in order to be implemented as appropriate to address the issues 
presented by the commenters.
    The Act and the regulations do not impose a blanket prohibition on 
the release of information about the nature and specific location of 
paleontological resources, rather they condition the disclosure of this 
information on the bureaus' analysis of three criteria. Specifically, 
Sec.  49.25 states that nature and specific location information is 
exempt from disclosure unless the Federal land manager makes a three-
part finding that disclosure would (1) further the purposes of the Act; 
(2) not create risk of harm to or theft or destruction of the resource 
or site containing the resource; and (3) be in accordance with other 
applicable laws. This is the mandate set forth by Congress in the Act, 
and the bureaus are not at liberty to ignore Congressional direction. 
Confidentiality and judicious disclosure of confidential information 
reduce resource theft and vandalism, support law enforcement ranger 
safety, and preserve sites and resources, benefitting cultural values 
(such as areas sacred to some Native Americans), scientific study, and 
public education.
    In response to the concern that the confidentiality provisions 
would impact scientists' ability to conduct paleontological research, 
the bureaus note that these provisions are nearly identical to the 
confidentiality provisions in the Archaeological Resources Protection 
Act of 1979, the Federal Cave Resources Protection Act of 1988, the 
Endangered Species Act of 1973, the National Parks Omnibus Management 
Act of 1998, and other Federal laws.
    In response to the assertions that scientific journal editors 
require paleontologists to disclose specific locality information in 
their papers, the bureaus reviewed publication guidelines and found, to 
the contrary, that journals recognize the need for and wisdom of 
judicious confidentiality.
    In response to the comment that confidentiality is contrary to some 
organizations' and museums' management policies, the bureaus note that 
the Act requires the repositories that hold collections made under the 
Act to maintain the confidentiality of specific location information 
unless they obtain written permission from the Federal land manager.
    26. Comment: Many commenters expressed support and suggestions 
regarding bureau efforts to inventory and monitor paleontological 
resources on Federal lands, particularly in coordination with 
avocational paleontologists, scientists, the public, other agencies, 
and other partners. One commenter suggested that bureaus should supply 
burro pack trains to support proactive collection of all significant 
vertebrate fossils. Other commenters asked whether bureau funding is 
sufficient to carry out the provisions of the regulation regarding 
inventory, monitoring, and public education and awareness.
    Bureau response: The final regulation reflects the bureaus' 
commitment to inventory, monitoring, and public education and 
awareness, but also notes that such activities will take place as 
appropriate and practicable (see Sec.  49.30 and Sec.  49.35). Such 
practicability is related to bureau capacity (such as resources and 
funding), and other constraining factors. Partnerships with avocational 
paleontologists, scientists, other agencies, and the general public 
that are consistent with the Act are an important component of bureau 
management.
    27. Comment: Several commenters were concerned about how the 
bureaus would close areas to the collection of paleontological 
resources.
    Bureau response: The Federal land manager will close or restrict 
the collection of paleontological resources in order to protect 
resources or provide for public safety. These closures would be area-
specific, might be temporary or permanent, and would be tailored to the 
resource or public safety needs. The area closure provision at Sec.  
49.40 is consistent with existing area closure authorities that the 
bureaus currently exercise, including 43 CFR subpart 8364 (BLM); 43 CFR 
423 (Reclamation); 36 CFR 1.5 (NPS); and 50 CFR 25.21 (FWS). The 
bureaus may institute a temporary closure to address an immediate need, 
but permanent closures or restrictions would be put in place through 
the bureau planning processes, which would include opportunity for 
public comment.

Subpart B--Paleontological Resources Permitting; Requirements, 
Modifications, and Appeals

    28. Comment: Several commenters stated that any permitting 
requirement

[[Page 47302]]

is a cumbersome, new, and awkward restriction for scientists.
    Bureau response: The requirement to obtain a permit prior to 
collecting fossils from DOI-managed land is not new. Permits have been 
and continue to be required for all fossil collection on NPS, FWS, and 
Reclamation land, and vertebrate fossil collection on BLM land. In the 
Act, Congress reaffirmed the permitting requirement. The regulation's 
permitting provisions are streamlined, transparent, and as consistent 
as possible with existing practice.
    29. Comment: Several commenters stated that the proposed rule was 
unclear with respect to the applicability of the permitting 
requirement.
    Bureau response: In response to the comments, the final regulations 
at 43 CFR 49.100 (proposed Sec.  49.50) has been retitled to clarify 
that it applies to permits for paleontological resource activities, not 
to activities related to other resources or uses of Federal land.
    30. Comment: One commenter asked the bureaus to form a working 
group to develop research permits.
    Bureau response: The regulations address permitting in accordance 
with the Act. DOI bureaus worked collaboratively and developed a 
standardized application for paleontological resources use permits. In 
compliance with the Paperwork Reduction Act, those forms were reviewed 
and approved by the Office of Management and Budget (OMB). A central 
goal of OMB review is to help agencies strike a balance between 
collecting information necessary to fulfill our statutory missions and 
guarding against unnecessary or duplicative information that imposes 
unjustified costs on the American public. At any point, members of the 
public may submit comments to the sponsoring Federal agencies and OMB 
about any currently approved information collections. Such comments may 
involve, for example, the need for the information and the reporting 
burdens involved.
    31. Comment: One commenter stated that permits, reporting, 
repositories, and enforcement are expensive and provide little-to-no 
benefit.
    Bureau response: Permitting, reporting, deposition into 
repositories, and enforcement are required by the Act. The regulations 
implement these requirements.
    32. Comment: Many commenters stated that a permit should not be 
required for the collecting of common invertebrate and plant fossils. 
They also stated that depositing all of the collected common 
invertebrate and plant fossils into approved repositories would burden 
those repositories.
    Bureau response: The bureaus (and Congress) agree with these 
comments. The Act provides for casual collecting of common invertebrate 
and plant fossils on certain BLM and Reclamation lands without a 
permit. Subpart I of this rule implements this provision. Neither the 
Act nor these regulations require that casual collectors of 
paleontological resources place these items in an approved repository. 
However, the Act and the regulations do require deposit of 
paleontological resources collected under a permit into an approved 
repository. Because the bureaus share the commenters' concern about 
burdening repositories, the final regulations require permit applicants 
to include in their permit applications the name, location, and contact 
information of a proposed repository that is willing and able to accept 
the collection that would be made under the permit, if the permit were 
approved. Absent this information, the permit application is incomplete 
and will not be approved.
    33. Comment: Commenters stated that a permit should not be required 
to collect vertebrate fossils that are more numerous, such as shark 
teeth, or to collect fossils for educational purposes.
    Bureau response: The bureaus recognize that some vertebrate fossils 
are common, but the Act does not provide for the casual collection of 
common vertebrate fossils. Since the casual collection provision of the 
Act is for common invertebrate and plant paleontological resources 
only, the collecting of all other paleontological resources must be 
conducted under a permit (see Sec.  49.100).
    34. Comment: Several commenters requested clarification on when 
bureaus would require a permit for paleontology-related activities 
other than collection of paleontological resources, including whether 
Federal Government personnel would be required to obtain a permit 
before collecting paleontological resources.
    Bureau response: In response to the comments, the bureaus clarified 
the language in the final regulations at 43 CFR 49.100(b) to state that 
permits issued under the authority of the Act and the regulation may be 
required for paleontological research or consulting activities that do 
not involve collection. Bureau policy and guidance will define this 
process as warranted. The final regulations retain the requirement for 
Federal Government personnel, as well as agents and contractors, to 
obtain a permit or other type of bureau authorization prior to 
collecting paleontological resources because the Act does not exempt 
such personnel from the permit requirement of the Act. Permits, whether 
issued to agency staff, professional or amateur scientists, or project 
consultants, serve the important functions of tracking paleontological 
resources (in both the field and in collections) in order to further 
paleontological knowledge and public education.
    35. Comment: Commenters stated that repeatedly applying for a 
permit for the same project would be burdensome and suggested that the 
regulations should provide for annual permit renewal.
    Bureau response: The bureaus agree. Permit applicants are required 
to provide dates of the proposed work in their permit applications so 
that Federal land managers may issue a permit with the appropriate 
duration. The final regulations at Sec.  49.130(a) also provide for 
permit modification, which would include permit renewals when an 
approved project takes longer than originally anticipated.
    36. Comment: Many commenters expressed frustration that the 
permitting requirements and process in the proposed regulations were 
too restrictive, cumbersome, potentially slow, and exclusionary.
    Bureau response: The permit requirements in these regulations 
closely track the conditions provided in the Act. These requirements 
ensure that collection, research, and consulting activities are 
conducted in a manner consistent with the purposes of the Act as well 
as other laws and directives that apply to Federal lands and resources.
    37. Comment: Many commenters suggested less stringent applicant 
qualification requirements. They stated that persons without advanced 
degrees or formal paleontological education, such as amateur and 
avocational paleontologists and graduate students, should be able to 
receive permits. Other commenters stated that applicant qualifications 
under the DOI regulations should be consistent with application 
qualifications under the Forest Service regulations.
    Bureau response: In response to the comments, the bureaus phrased 
the final regulations at 43 CFR 49.110 to enable permit applicants to 
demonstrate education, training, and experience appropriate to the 
proposed project rather than requiring a graduate degree. The bureaus 
recognize that many amateur and avocational paleontologists possess a 
profound knowledge of these resources. In addition, graduate students 
and other types of scientists such as biologists and geologists may be 
sufficiently knowledgeable to collect paleontological resources under 
certain

[[Page 47303]]

circumstances. Broadening the range of qualifications for applicants 
will enhance partnerships with the bureaus and offer greater 
opportunities for scientific knowledge and public enjoyment. The 
qualification requirements are very similar to those in the Forest 
Service regulations. Under both sets of regulations, the bureaus will 
evaluate a person's qualifications in relation to the complexity and 
context of the proposed project.
    Additionally, a provision in the final regulation (Sec.  49.105(b)) 
allows individuals who do not meet the qualification requirements 
described in Sec.  49.110 to perform work under an issued permit when 
appropriately supervised by a permittee.
    38. Comment: Several commenters stated that the proposed 
regulations required unrealistically specific permit applications, and 
that permittees do not always know what they will find before they find 
it.
    Bureau response: The regulations provide that bureaus can modify 
permits in response to changed circumstances, including unanticipated 
discoveries.
    39. Comment: One commenter stated that the requirement for a permit 
applicant to demonstrate experience in ``planning'' was too vague.
    Bureau response: The bureaus agree and removed that requirement 
from the list of permit application requirements.
    40. Comment: One commenter asked how the bureaus would consider an 
applicant's ``past performance'' in a permit application.
    Bureau response: In response to the comment, the bureaus added 
language to Sec.  49.110(b) to explain that ``past performance'' 
includes compliance with previous permits, relevant civil or criminal 
violations, or relevant current indictments or charges.
    41. Comment: One commenter asked whether the bureaus would charge 
fees for permits.
    Bureau response: The Act does not provide authorization for the 
bureaus to charge fees (or cost recovery) for permits, but individual 
bureaus may charge fees under separate authorities. Because the bureaus 
view permittees as partners who provide scientific information and 
inventory of paleontological resources to the bureaus in furtherance of 
the Act, it is reasonable not to charge fees for permits.
    42. Comment: Several commenters asked for more standardization of 
the permit applications and form instructions among the bureaus, and 
expressed concern about the use of the NPS's Research Permit and 
Reporting System (RPRS) for collection and disturbance on NPS-
administered lands. Other commenters recommended deleting or easing 
some of the permit application requirements.
    Bureau response: In response to the comments, the final regulations 
contain simplified and reduced permit application requirements. The 
four DOI bureaus have standardized the process as much as possible. 
Applicants can now submit very similar or identical information to each 
bureau. Applicants use a standardized paleontology permit application 
to apply for a permit to collect resources on lands administered by 
BLM, Reclamation, or FWS. When proposing to conduct these activities on 
lands administered by NPS, permit applicants use RPRS, currently 
accessible at https://irma.nps.gov/rprs/. Even though the bureaus have 
different permitting systems, the information required of permit 
applicants is consistent. It is the permit applicant's responsibility 
to determine which bureau has jurisdiction, use that bureau's permit 
application form, and respond to that bureau's requests for information 
in a timely manner.
    43. Comment: One commenter asked whether a bureau has the 
discretion to ask permit applicants for more information than that 
listed in the regulations. Another commenter noted that detailed 
information in the application, even if not used to issue the permit 
initially, might be helpful at a later point.
    Bureau response: The bureaus agree that detailed information is 
helpful. Per Sec.  49.115, as a follow-up to the application initially 
submitted, applicants may be asked for clarification when necessary for 
Federal land managers to determine that the applicant is qualified to 
conduct the proposed work, that the application is complete, and that 
the proposed activity meets the requirements of the Act and the final 
regulations.
    44. Comment: Several commenters suggested that permit applicants 
should be able to include in their permit applications a request for 
permission to disclose specific locality information. Another commenter 
asked for clarification of the term ``specific locality.''
    Bureau response: Subpart A of the final regulation defines the term 
``specific locality.'' Applicants may request permission to disclose 
specific locality information in their permit application, as part of 
their project description.
    45. Comment: Several commenters asked about the compliance 
requirements for permits and suggested that paleontological collection 
permits should be subject to the same terms and conditions as permits 
for other Federal land uses.
    Bureau response: The regulations at 43 CFR 49.120 explain how the 
bureaus will make a decision about permit applications. A decision 
about a permit application is a Federal agency decision and as such is 
subject to compliance requirements in accordance with the National 
Environmental Policy Act, the National Historic Preservation Act, the 
Endangered Species Act, Executive Order 13175, and other authorities. 
Like any use of Federal lands, the bureaus would impose compliance 
requirements, including, but not limited to, any provisions for 
reducing environmental impacts associated with a paleontological permit 
application and proposed project, based on the scope of the proposed 
activities and the reasonably foreseeable impacts of those activities. 
The final regulation includes terms and conditions for approved 
paleontological permits that are applicable to those resources and that 
implement the Act.
    46. Comment: Commenters proposed ``same-day'' permits for surface 
collection of common fossils and 30-day permits for projects involving 
excavation, and an estimated timetable for processing permit 
applications.
    Bureau response: The permitting provisions in the regulation are 
consistent with the purposes of the Act and do not impose new 
requirements that would cause permitting to take more time than current 
permitting requirements. Adding deadlines to these provisions may 
hinder the bureaus' ability to comply with applicable laws, 
regulations, executive orders, and other requirements, and therefore 
are not included in the regulation.
    47. Comment: Several commenters asked for more detail in the permit 
approval process, specifically for adding in multiple permit levels, 
categories of site protection, fossils available for collection, 
curation requirements, publication requirements, and other management 
issues.
    Bureau response: Permits are situation-specific. The bureaus, 
therefore, have streamlined the regulatory framework appropriate to 
management of this resource across a variety of possible circumstances. 
Adding additional categories to the final regulations would add 
complexity and delays to the permit application, evaluation, and 
decision-making process. Permit applicants are encouraged to submit as 
much information as possible to help the Federal land manager 
understand the

[[Page 47304]]

proposed project, evaluate potential impacts, and make a decision about 
the application.
    48. Comment: Commenters asked the bureaus to consider other 
existing or recent paleontological permits, as well as other competing 
uses of Federal land, when evaluating a new application to avoid 
conflicts among permittees.
    Bureau response: Federal land managers consider all of the uses of 
the land, including competing uses and resource management concerns, 
when evaluating proposed use of Federal lands. However, the Act does 
not provide exclusivity or allow ``claims'' for paleontological 
resource use collection.
    49. Comment: The bureaus received many comments about the role of 
repositories in the permit application and approval process. Several 
commenters urged consultation and an agreement between the permittee 
and repository prior to permit approval. Another commenter urged the 
bureaus to have a list of pre-approved repositories from which the 
applicant can pick, and to handle the repository approval process prior 
to and separately from the permit approval process. Other commenters 
suggested that repositories should be able to agree ``in principle'' to 
accept the collection, and then be able to accept only part of a 
collection and refuse the remaining part, or even refuse the entire 
collection.
    Bureau response: In response to the comments, the bureaus worded 
the final regulation as concisely as possible in order to avoid 
imposing a one-size-fits-all approach, and instead to maximize 
flexibility for repositories, permittees, and the bureaus. The final 
regulations do not include repository approval in the permitting 
decision process, but instead simply require, as a condition for permit 
approval, that an approved repository will accept the collection in 
accordance with the terms and conditions included in the permit. This 
flexibility will allow bureau staff, repositories, and permittees to 
develop project-specific and collection-specific approaches while still 
adhering to the Act's instruction to deposit the paleontological 
resources collected under a permit into an approved repository.
    50. Comment: Several commenters noted that the proposed collection 
needs to be acceptable to repositories. Commenters stated that it is 
the permittees' responsibility to collect only those fossils that he/
she is sure will be accepted by a repository, and that the written 
verification from the proposed repository should include the right to 
accept or refuse all or portions of the collection based on compliance 
with the repository's mission, policy, and scientific and collections 
standards. At the same time, another commenter stated that written 
verification is not necessary for employees of that repository.
    Bureau response: Deciding which paleontological resources to select 
for long-term preservation in the approved repository must be the 
result of collaboration between the permittee, the repository official, 
and the Federal land manager. This is why the agreement between the 
applicant and the repository official must make clear what the 
repository will, and will not, accept. The Federal land manager will 
then limit the permit authorization to what the permittee and 
repository official have agreed to collect and subsequently accept at 
the repository.
    However, the bureaus recognize that collecting activities often 
result in collections or portions of collections that do not warrant 
long-term preservation and that such preservation would impose 
unnecessary burdens on both the repository and the bureau. This is why 
provisions at Sec.  49.200(c) allow the Federal land manager, with 
input from the permittee and repository official, to determine that 
some collections, or portions of collections, do not meet the Act's 
requirement of furthering paleontological knowledge, public education, 
or the management of paleontological resources, and therefore may be 
assigned to working collections.
    51. Comment: Permit applicants should not be involved in the 
approval of a repository.
    Bureau response: Section 49.205 clarifies that it is the role of 
the bureaus to review and approve repositories. The bureaus recognize 
that a permittee should not act as the repository official on the same 
permit and have clarified this in the final regulation at Sec.  
49.125(a)(10).
    52. Comment: Permittees should be required to furnish copies of 
their publications to the bureaus that permitted the project.
    Bureau response: The bureaus have always required submission of 
copies of publications and reports that are generated on the basis of 
permitted activity. The final regulations include clarifying language 
to ensure that this practice continues.
    53. Comment: Commenters asked about the expiration date and filing 
deadlines for annual reports.
    Bureau response: The final regulation states that reports must be 
filed in accordance with the dates and formats specified in the permit.
    54. Comment: One commenter stated that the regulations should limit 
bureaus' discretion.
    Bureau response: The final regulations provide an appropriate 
balance of enumerated criteria and discretion. Federal land managers 
are responsible for addressing a wide range of resources, uses, and 
stakeholders, in addition to paleontological resources and 
paleontologists.
    55. Comment: Many commenters expressed concern about the 
requirement to obtain written permission from the Federal land manager 
before releasing, disclosing, or sharing information about the specific 
location of paleontological resources.
    Bureau response: Section 6304(c)(3) of the Act expressly instructs 
that permittees and repositories may not release specific locality data 
without written permission from the Secretary. The Act tasks the 
Secretary (acting through the bureaus) with implementing a balance 
between disclosure in order to enhance scientific access and 
confidentiality in order to protect resources from theft and vandalism. 
The bureaus recognize the importance of sharing data in order to 
enhance scientific discourse and continue to allow appropriate sharing 
of this data. However, the regulations do not elaborate beyond the 
Act's stated provisions so that each bureau may develop its own 
guidance on the confidentiality of paleontological locality and 
location data according to its unique mission and authorities. When 
appropriate, the permit will define the terms of release, disclosure, 
or sharing of specific location information. The Federal land manager 
may revise the permission when warranted, either through a permit 
modification or in specific instructions, for example in comments to 
draft reports that disclose location information.
    56. Comment: One commenter asked whether the bond that may be 
required under 43 CFR 49.125(c) may include reimbursement of bureau 
costs. Another commenter asked for more specificity about the bonding 
requirement.
    Bureau response: The purpose of a bond is to cover bureau costs in 
the event of permittee non-performance. A bond may be required 
depending on the scale of a permitted activity. Individual bureau 
guidance will provide clarification regarding bonding.
    57. Comment: Several commenters stated that paleontological 
resources collected under a permit should become the property of the 
repository that houses the collection.

[[Page 47305]]

    Bureau response: The Act expressly states that paleontological 
resources collected under a permit remain the property of the United 
States. The final regulation therefore retains this same statement.
    58. Comment: Several commenters addressed the costs of fieldwork, 
preparation, and curation. Some argued that permittees should not be 
responsible for all of the costs associated with the collections that 
they make. Others stated that the bureaus, the repositories, and or 
project proponents should assume these costs. Commenters suggested that 
a budget for costs assumed by permittee, repository(ies), a project 
proponent, or bureaus should be resolved prior to permit approval.
    Bureau response: In response to these comments, the final 
regulations require permit applicants to develop cost projections for 
the proposed work and state that permittees are responsible for the 
costs of the project if approved, unless these costs are allocated 
differently in a separate written agreement (such as a contract between 
a paleontological consulting company and a project proponent). Also in 
response to the comments, the final regulations do not hold permittees 
responsible for long-term curation costs, again unless this is 
addressed in a separate written document. Thus, the final regulations 
allow for other parties to be responsible for long-term curation costs.
    59. Comment: One commenter suggested that permittees should 
acknowledge the repository as well as the permitting bureau in any 
report, publication, or other media resulting from the work performed 
under the permit.
    Bureau response: The bureaus agree with the comment; the final 
regulation incorporates this requirement into the terms and conditions 
for an approved permit.
    60. Comment: Several commenters were concerned about the concept of 
``working collections.'' These commenters asked about the legal 
implications under the Act and Federal property law, the use of working 
collections, and the implications for deaccessioning (removing Federal 
property from a museum).
    Bureau response: The final regulation reaffirms that all 
paleontological resources collected from Federal land under a permit 
remain U.S. property and must be deposited into an approved repository. 
However, the bureaus recognize that not all collected fossils are 
worthy of long-term preservation. Provisions at Sec.  49.200(c) allow 
the Federal land manager, with input from the repository official and 
permittee, to determine that a collection, or portion of a collection, 
does not further paleontological knowledge, public education, or 
management of paleontological resources and therefore may be assigned 
to a working collection. The definition of a working collection, 
provided at Sec.  49.5, is consistent with guidance in the Departmental 
Manual in part 411 and all working collections should be managed in a 
manner consistent with departmental and, as appropriate, bureau policy.
    61. Comment: A commenter asked for clarification that a permit's 
terms and conditions apply only to the project and activities 
authorized under that permit.
    Bureau response: The bureaus made this clarification at Sec.  
49.125(b). Before the bureau approves a permit, permit applicants 
should review and agree to these terms and conditions.
    62. Comment: Several commenters asked that permittees, not 
repositories, should be responsible for providing bureaus with DI Form 
9007, ``Repository Receipt for Collections (Paleontology).''
    Bureau response: The bureaus made this clarification at Sec.  
49.125(a)(10).
    63. Comment: One commenter suggested that the bureaus should 
address a potential violation of a permit term or condition by 
modification of the permit, while they should address an actual 
violation of a permit term or condition by suspension of the permit.
    Bureau response: The bureaus agree with the comment; the final 
regulation at Sec.  49.130(a) clarifies that bureaus may modify permits 
if there is a potential or actual violation of a permit term or 
condition.
    64. Comment: One commenter asked how permits can accommodate new 
field discoveries. Another commenter asked about the consequences of a 
permittee failing to meet a deadline in the permit, such as depositing 
a collection into an approved repository.
    Bureau response: The bureaus may modify permits. For example, if a 
permittee makes a discovery or cannot meet a particular deadline, he or 
she may request a modification to the permit in order to accommodate 
that discovery or to change the deadline to a different date. Other 
consequences for the violation of permit terms and conditions are 
permit suspension, revocation, or the assessment of penalties.
    65. Comment: Several commenters asked why the proposed regulations 
provided for verbal or written notification of permit modification, 
suspension, revocation, or cancellation, but then provided that the 
permit modification, suspension, revocation, or cancellation was 
effective only when the permittee receives the written notification.
    Bureau response: The purpose of the verbal notification is to 
provide early notice to the permittee and prompt correction of the 
issues that led to the permit modification, suspension, revocation, or 
cancellation. However, the permit modification, suspension, revocation, 
or cancellation becomes effective upon the permittee's receipt of the 
written notification.
    66. Comment: One commenter asked for more detailed methodology in 
Sec.  40.130 to justify bureau decisions about permit modification, 
suspension, revocation, or cancellation and avoid challenges from 
aggrieved permittees.
    Bureau response: This section explains the reasons for permit 
modification, suspension, revocation, or cancellation but also 
maintains flexibility to respond quickly to the conditions or events 
that necessitate the modification, suspension, revocation, or 
cancellation. These events may be emergencies, such as fires, 
landslides, health issues, or accidents, or non-emergencies, such as 
some permit violations, but in all cases bureau personnel need to be 
able to address the situation as needed and efficiently. Under Sec.  
49.140, permit-related decisions may be appealed.
    67. Comment: One commenter noted that the proposed rule was 
inconsistent about the consequences for violation of a term or 
condition of a permit. While Sec.  49.125(e) stated that violations of 
permit terms may subject the person to penalties, Sec.  49.130(a)-(c) 
stated that violations of permit terms and conditions may result in 
permit modification, suspension, or revocation.
    Bureau response: The bureaus agree and worded Sec.  49.125(e) to 
clarify that a violation of permit terms and conditions may result in 
permit modification, suspension, revocation, and/or penalties. This 
language provides flexibility and avoids the possible pitfalls of a 
one-size-fits-all consequence.

Subpart C--Management of Paleontological Resource Collections

    68. Comment: One commenter recommended that approved repositories 
should assign globally unique identifiers (GUIDs) to collected 
specimens according to data management best practices and submit the 
GUID assignment information to DOI. The repository-assigned GUIDs would 
be incorporated into the DOI museum collections data management 
systems, and repository-assigned GUIDs

[[Page 47306]]

would be required when conducting collection inventories and inquiries.
    Bureau response: The bureaus appreciate the comment. However, the 
comment proposes a procedure that is not within the scope of the Act 
and these regulations but instead is within the scope of Departmental 
museum collections policy.
    69. Comment: Comments asked about the rules applicable to working 
collections, specifically ownership, disposition, and standards.
    Bureau response: In response to these comments, the bureaus 
clarified the definition of working collections at Sec.  49.5.
    70. Comment: Several commenters expressed confusion about the 
January 6, 2017, date and recommended changing the text to read, ``The 
curation of paleontological resources collected from Federal land 
before the implementation of the final rules is governed by the terms 
and conditions of the original collection permit or agreement.''
    Bureau response: The bureaus agree with this comment and clarified 
the regulation at Sec.  49.200(b) to incorporate the recommendation. In 
addition, Sec.  49.200(a) clearly states that a collection made 
pursuant to a permit issued under the final regulations must be 
deposited in an approved repository. This section does not state that 
it applies to preexisting collections.
    71. Comment: Commenters submitted a wide variety of comments 
regarding the process, timing, and criteria for selecting a repository 
for the paleontological resources that are collected under the Act and 
these regulations. One commenter questioned the need for approved 
repositories at all. Commenters expressed concern that the repository 
approval process would be burdensome. Another commenter suggested that 
permit approval should be separate from repository approval, and asked 
the bureaus to maintain a list of already-approved repositories and 
either allow the permit applicant to choose from that list, or inform 
the applicant that he/she will need to wait for the permit pending 
approval/denial of repository, which would be a wholly separate action. 
Other commenters were concerned that repositories may initially agree 
to accept a collection, but then change their minds based on space 
considerations, resources, or other factors. Commenters also stated 
that permit applicants and permittees do not control these types of 
decisions. These commenters suggested that repositories should be 
allowed to accept custody, decline custody, or provisionally accept 
custody of the collection before the collecting permit is issued.
    Bureau response: The Act specifically requires the deposit of all 
paleontological resources collected under a permit in an approved 
repository, and so the final regulations contain this requirement. Each 
permit applicant identifies a repository that is willing to accept the 
proposed collection. During the review of the permit application, the 
Federal land manager determines whether the identified repository meets 
the standards set forth in Sec.  49.205. The bureaus do not have a 
single list of pre-approved repositories to serve as a ``menu'' for 
permitting; rather the Federal land manager approves the deposit of the 
proposed collection under that permit into either the identified 
repository or another repository that meets those standards. The 
bureaus can approve repositories at any time.
    72. Comment: Commenters noted that the process described in the 
proposed regulations for depositing paleontological resources would 
actually work against timely placement of the resources into the 
repository.
    Bureau response: The bureaus agree and streamlined the language at 
Sec.  49.210 to clarify that agreements between repositories and the 
bureaus can be reviewed, modified, or developed on a parallel track 
with the deposit, and not necessarily prior to the deposit.
    73. Comment: Commenters alleged that the process in the proposed 
regulations for approving a repository afforded too much discretion to 
the Federal land managers.
    Bureau response: In consideration of this comment, the bureaus 
revised the repository approval language at Sec.  49.120 and Sec.  
49.205 to clarify that the Federal land manager will work with the 
permit applicant, the proposed repository, and if necessary other 
repositories to determine which repository to approve for the proposed 
collection.
    74. Comment: Commenters stated that repositories for collected 
resources should be situated near the area from which the resources 
were extracted.
    Bureau response: The bureaus agree that geographic proximity to the 
collecting site is an important consideration, as well as other factors 
such as repository capability and capacity. The Federal land manager 
would consider all of these factors when evaluating which repository 
should be approved to receive a collection.
    75. Comment: Several commenters pointed out that there may be 
situations when, despite the best efforts of the permittee and the 
Federal land manager to ensure that all paleontological resources 
collected from federally administered lands meet the Act's criteria for 
collection (furtherance of paleontological knowledge, public education, 
or management of paleontological resources), there may be times when 
some of the collected resources do not meet these criteria.
    Bureau response: The final regulations accommodate this situation 
at Sec.  49.200 by allowing these paleontological resources to be 
placed in working collections, which are available for research, 
education, or consumption, but are not cataloged into a permanent 
collection.
    76. Comment: Commenters stated that permittees, not repositories, 
should be responsible for filing DI Form 9007 (Repository Receipt for 
Collections (Paleontology)) with the Federal land manager, since only 
permittees can verify that all of the specimens under a permit were 
actually deposited. Another commenter suggested that the repositories 
should be required to maintain a copy of DI Form 9007 (Repository 
Receipt for Collections (Paleontology)) in its permanent files.
    Bureau response: The bureaus concur with both comments. The 
permittee, not the repository, is responsible for submitting DI Form 
9007 to the bureau. It is standard practice for repositories to 
maintain a copy of DI Form 9007 as part of receiving the collection.
    77. Comment: Commenters noted that the repositories that house 
Federal paleontological collections bear a large financial burden for 
storage, curation, and reporting requirements that, under current 
regulations and practices, are not adequately covered by grants or 
permittees. They also asserted that the proposed regulations contained 
new management and reporting requirements that would increase this 
financial burden. For example, several commenters stated that the 
proposed regulations would require repositories to ``track'' every use 
or request for use of a specimen. Another commenter stated that the 
bureaus' requirements and oversight would be duplicative with museums' 
current management standards. They suggested several different options 
for reducing this burden such as eliminating some paperwork 
requirements, asking the Federal Government or the parties who initiate 
the collection to assume more of the cost, and having the authority to 
charge fees.
    Bureau response: The regulations have been worded to ensure that 
paleontological resources are collected under permit only when that 
collection would meet the Act's criteria for permitted collection 
(furtherance of

[[Page 47307]]

paleontological knowledge, public education, or management of 
paleontological resources), and to ensure that the permit applicant 
understands at the outset that he or she will be responsible for the 
short-term costs of preparing the collection for curation. However, the 
regulations do not assign responsibility for long-term curation costs 
to the permittees. The bureaus also worded the regulation to clarify 
that the standards for curation of any paleontological resources 
collected under permit pursuant to these regulations are the same as 
the standards that already apply to existing collections, and therefore 
repositories should readily meet these standards without experiencing 
additional burdens. Finally, Sec.  49.215 is worded to broaden and 
clarify repositories' ability to recover their costs by charging 
reasonable fees, consistent with applicable law, for the costs they 
incur when curating collections made under the Act.
    78. Comment: One commenter asked who assumes responsibility for 
curation costs after the original permittee retires.
    Bureau response: The language of the final regulations allows 
permittees, repositories, and bureaus to determine appropriate fee 
structures depending on the nature of the activity and the reason for 
its collection (see Sec.  49.215).
    79. Comment: One commenter asserted that repositories already 
meeting high standards of fossil curation should be exempt from bureau 
oversight. However, other commenters suggested the opposite, noting 
that Federal fossils housed in approved repositories are in effect 
long-term loans, and that the permittee and approved repository should 
be required to receive bureau approval for anything done to the fossils 
(e.g., molding and casting, chemical analyses, consumptive sampling, CT 
and laser scanning) that was not authorized in the original permit. 
Another suggestion was that the bureaus should provide repositories 
with blanket approval for a set period, then decide whether to renew 
that approval based on performance and reports in order to help 
agencies keep repositories accountable while reducing paperwork. Other 
commenters stated that individualized agreements for each collection 
would be too burdensome for the repositories, and that repository 
agreements would be more effective and less burdensome if they covered 
multiple collections.
    Bureau response: To address these comments, the regulation at Sec.  
49.210(a) states that an agreement between a bureau and repository can, 
and should, cover multiple Federal collections. The agreement may last 
for a few years and serve as ``blanket approval'' for various actions.
    80. Comment: One commenter stated that repository agreements are 
between permittees and approved repositories.
    Bureau response: Section 49.210 describes the content of agreements 
between the bureaus and the approved repositories. Permittees often 
have their own curation agreements with repositories in which the 
repository commits to accepting the collection, often in return for 
payment.
    81. Comment: Several commenters recommended that DOI transfer all 
stewardship responsibilities, authority, and custody of collections to 
approved repositories, particularly since repositories expend funds on 
curation.
    Bureau response: The Act specifically states that paleontological 
resources collected from Federal lands will remain the property of the 
United States. The bureaus develop agreements with repositories in 
order to meet shared goals.
    82. Comment: One commenter recommended that DOI should adopt best 
practices for digitally managing and mobilizing collections records 
through the workflows and standards already in place in repositories' 
data management systems.
    Bureau response: The bureaus agree. The Act requires collaborative 
efforts with non-Federal partners and the scientific community where 
possible. The Department is currently developing policy for digitally 
managing museum records. Much of this effort is already underway in 
collaboration with repository partners in order to develop shared best 
practices.
    83. Comment: One commenter urged the bureaus to standardize 
frequency, methods, and reporting process for inventories.
    Bureau response: Standardized inventory procedures are contained in 
departmental guidance at 411 DM, and bureaus follow it as feasible 
within available resources.
    84. Comment: One comment stated that publications and reports are 
not the repository's responsibility.
    Bureau response: The bureaus agree in part and disagree in part. 
Where researchers study a specimen at that repository, they, rather 
than the repository, are responsible for making their publications or 
reports available to the bureau (see Sec.  49.210(b)(10)). 
Repositories, however, are responsible for submitting information 
concerning inventory to the bureaus (see Sec.  49.215(a)(3)).
    85. Comment: Several commenters suggested that the regulations 
should provide repository staff with upfront approval to conduct 
research-related activities including reproduction and consumptive 
analysis. Other commenters suggested that the regulations should direct 
the bureaus to transfer decision-making autonomy for these activities 
to repository staff in permits and/or bureau-repository agreements. 
Several commenters suggested that the regulations should contain 
detailed definitions of the term ``reproduction'' and ``consumptive 
use'' by adding explanations of traditional versus digital 
reproduction, as well as types of alterations such as glues, putties, 
molding, and casting. Another suggested that the regulations could 
provide upfront blanket approval for non-invasive, non-consumptive 
types of reproduction but require case-by-case approval for other types 
of research activities.
    Bureau response: Neither the Act nor other statutes authorize the 
bureaus to delegate a broad one-size-fits-all grant of decision-making 
authority regarding the topics of reproduction and consumptive analysis 
to repository staff. The bureaus also do not agree that defining the 
scope of repository decision-making is an appropriate topic for 
collection permits, since a permit is a contract between the bureau and 
the permittee to which the repository is not a signatory. Instead, as 
authorized by Congress in section 6305 of the Act, repository decision-
making and roles are more appropriately addressed in agreements between 
the repositories and bureaus.
    If a repository agreement addresses the topic of reproduction or 
consumptive use, then case-by-case approval may not be necessary. Such 
agreements are a key component of responsible, transparent, and 
publicly accountable management. In response to comments, the bureaus 
added the term ``duties and responsibilities'' to Sec.  49.210 to 
indicate that agreements may include, as requested by these commenters, 
upfront approval for various levels of reproduction and consumptive 
analysis.
    86. Comment: Several commenters stated that, if collections are 
moved from one repository to another at bureau request, the burden of 
arranging and paying for the transfer should fall on the bureau, not on 
the repositories.
    Bureau response: The bureaus believe that this topic should be 
addressed in bureau-repository agreements and that the regulatory 
provisions at Sec.  49.210 are sufficiently flexible for such 
agreements to address these sorts of details.
    87. Comment: One commenter suggested that the regulations should 
specifically state whether temporary loans of material from one 
institution to

[[Page 47308]]

another for research or exhibit purposes require approval from the 
Federal land manager. Another commenter suggested that loans should be 
addressed in a separate paragraph.
    Bureau response: The bureaus concur with this point and added 
paragraph (b)(7) to the final regulations at Sec.  49.210. This 
provision will motivate both parties to develop appropriate agreements 
early in the collection's history; such agreements are a key component 
of responsible, transparent, and publicly accountable management.
    88. Comment: Section 49.215(a)(11) of the proposed regulations 
stated that agreements between the bureau and approved repository may 
include, as appropriate, a statement that ``employees of the repository 
will take no actions whereby any of the collection(s) shall or may be 
encumbered, seized, taken, sold, attached, lost, stolen, destroyed or 
damaged.'' Reviewers pointed out that collections can be destroyed or 
damaged by various curation actions such as preparation, molding and 
casting, photography, moving, and consumptive use. One reviewer 
suggested more positive wording.
    Bureau response: The bureaus agree with all of these comments. 
Agreements between the bureau and approved repository may contain a 
statement that employees of the repository will work to preserve and 
protect specimens in their care using best professional practices. 
References to ``destroyed or damaged'' in the discretionary statement 
were removed.
    89. Comment: Several commenters stated that the curatorial 
standards should not apply to teaching collections.
    Bureau response: The final regulations include a definition of 
``working collections'' in Sec.  49.5 that includes fossils that are 
placed in a teaching collection or other public education facility. In 
addition, Sec.  49.215 clarifies that the Department and bureau 
curation standards apply to the collections that are deposited and 
accessioned into approved repositories, but do not require the 
application of these standards to ``working collections.''
    90. Comment: Several commenters requested clarification on some of 
the requirements for repositories, for example the scope of 
collections.
    Bureau response: The bureaus reworded Sec.  49.205(a)(2) to clarify 
that repositories have flexibility when demonstrating their ability to 
receive and store paleontological resources from Federal lands.
    91. Comment: A few commenters asked whether permittees or 
repositories are responsible for submitting reports, and expressed 
concern about the lack of enforcement for this requirement.
    Bureau response: Permittees are responsible for submitting reports 
to the bureaus describing the status of the fieldwork, collection, and 
research (see Sec.  49.125). Repositories are responsible for reporting 
inventory results to the bureaus (see Sec.  49.215). These reporting 
requirements are not new; permittees and repositories submit reports to 
bureaus already. The final regulations improve enforceability by 
listing reporting requirements as a condition of permit approval and as 
a topic in repository agreements. The purpose of these reports is to 
ensure that permittees, repositories, and the bureaus maintain 
accountability to the American public for the care and management of 
Federal paleontological resources. The final regulations simplify the 
reporting process for resources from lands administered by BLM, 
Reclamation, or FWS by incorporating the new DI Form 9006 
(Paleontological Permit Report Cover Sheet). For activities conducted 
on lands administered by NPS, reports must be submitted under the 
existing NPS RPRS system.
    92. Comment: A commenter alleged that submission of reports to the 
bureaus does not provide a value to science.
    Bureau response: Reports provide information to the bureaus that is 
necessary in order to manage Federal paleontological resources using 
scientific principles and expertise and to maintain compliance with 
other Federal laws. Federal paleontological resource management is 
based on many considerations in addition to science. The bureaus 
believe that it is reasonable to require the persons and institutions 
who collect, study, and curate paleontological resources from federally 
administered lands to provide the bureaus and the American public with 
sufficient information to support and guide the bureaus' ongoing 
management, conservation, and public education regarding these 
resources.
    93. Comment: Commenters stated that approved repository staff 
should be authorized to disclose specific location information based on 
current professional standards, best practices, and museum policy.
    Bureau response: In the Act, Congress did not base disclosure on 
current professional practices, best practices, and museum policies; 
instead it based disclosure on a determination by the Federal land 
manager that disclosure would (1) further the purposes of the Act; (2) 
not create risk of harm to or theft or destruction of the resource or 
site containing the resource; and (3) be in accordance with other 
applicable laws. During the development of an agreement with a 
repository, the Federal land manager may include an authorization for 
the repository to disclose specific location information for a 
collection, if the Federal land manager has made the three-part finding 
for such disclosure (see Sec.  49.210(b)(5), which states that 
repository agreements may address and guide the museums, researchers, 
and the bureaus in how confidentiality matters will be addressed). As 
professional paleontological organizations develop guidelines for 
establishing confidentiality in order to protect paleontological 
resources from theft or vandalism, bureaus may adopt some of these best 
practices as policy.
    94. Comment: Several commenters asked about the ownership of 
collected specimens.
    Bureau response: Collected specimens are Federal property. When the 
specimens are accessioned into museum collections, the ownership does 
not transfer to the repository; instead, the repository is holding the 
material in trust for the U.S. Government. When specimens are moved to 
working collections, they remain Federal property. Specimens collected 
under the casual collecting provisions of the Act and these regulations 
likewise remain Federal property but are largely not managed by the 
U.S. Government, except for the actions prohibited under the Act and 
subpart D of the regulations.
    95. Comment: Many commenters were concerned that the authorized 
Federal official would not be qualified to determine which 
paleontological resources should be removed from a museum collection. 
One commenter proposed the following language, `However, 
paleontological resources that have been accessioned into a long-term 
repository with permanent catalog numbers should not be removed without 
following that repository's deaccessioning policy, which will normally 
be to transfer the material to another permanent repository.'
    Bureau response: The Federal land manager, not repositories, must 
make decisions about which fossils will be permanently preserved in 
museum collections. The Federal land manager will work in coordination 
with the repository official and other appropriate subject matter 
experts to remove resources from museum collections and place them into 
working collections when those resources are determined to be 
redundant, lack adequate associated

[[Page 47309]]

data, or otherwise do not further paleontological knowledge, public 
education, or management of paleontological resources.
    96. Comment: How will collections be transferred from one 
repository to another?
    Bureau response: In situations involving movement of the collection 
to another approved repository, the first repository would ship the 
collection to the second repository in accordance with the Federal land 
manager's instructions. The bureau would then modify the deposit 
agreement with the first repository and enter into a new agreement with 
the second repository.

Subpart D--Prohibited Acts

    97. Comment: Several commenters asserted that the phrase ``should 
have known'' in Sec.  49.300(a)(2) and (a)(3) is unclear and should be 
deleted or defined.
    Bureau response: The ``should have known'' language cannot be 
deleted because the ``knew or should have known'' standard is contained 
in the PRPA. The bureaus believe that explaining the standard in this 
preamble with an example is more useful and appropriate than attempting 
to define the standard in the regulation.
    Whether a person ``knew or should have known'' is an objective 
standard based on what a reasonable person would know or should know, 
in the exercise of due care and reasonable diligence and in 
consideration of the particular circumstances and context, about the 
facts that would make the person's acts prohibited under 43 CFR 
49.300(a)(2) or (a)(3). For example, whether a person knew or should 
have known a paleontological resource to have been excavated or removed 
from Federal land under Sec.  49.300(a)(2) or (a)(3) may depend on what 
the person would have known after conducting reasonably diligent 
inquiries and taking other reasonable measures to learn about the 
provenience of the resource before taking the actions described in 
paragraphs (a)(2) and (a)(3).
    98. Comment: A commenter asked who determines whether a person 
``knew or should have known'' that his or her actions are prohibited by 
subpart D.
    Bureau response: To the extent, if any, that the commenter is 
suggesting that the person's knowledge of the law--the person's 
knowledge that his or her conduct violated the law--is the key 
consideration, this is not accurate. The key consideration under the 
``knew or should have known'' standard, which is found in paragraphs 
(a)(2) and (a)(3) but not paragraphs (a)(1) and (a)(4), is knowledge of 
the facts that would make the person's acts prohibited.
    Whether the person committed a prohibited action is determined 
through the process of bureau investigation and in some cases 
presentation to a court or the Office of Hearings and Appeals, 
Department of the Interior. The Federal land manager works with law 
enforcement personnel, resource specialists, and other subject matter 
experts in this process.
    99. Comment: One commenter asked the bureaus to delete the language 
that prohibits the sale or purchase of fossils from Federal lands, 
because it restates the previous regulatory language.
    Bureau response: Each of the paragraphs in Sec.  49.300 describe 
different actions and are based directly on the Act and, therefore, 
need to remain in the final regulation.
    100. Comment: One commenter asked about the consequences for a 
person who buys or receives a paleontological resource that, unbeknown 
to that person, is from Federal land.
    Bureau response: Under the language of Sec.  49.300(a)(2) and 
(a)(3), if the person should have known that the resource is from 
Federal land, or in other words a reasonable person would have known 
this fact after making a reasonable effort to learn the provenience 
(the in situ location) of the resource before buying or receiving it, 
then the person who bought or received the resource has committed a 
prohibited act and may be subject to civil and/or criminal penalties. 
If, on the other hand, the person makes a reasonable effort to learn 
more about the resource before buying or receiving it, but despite that 
effort does not know and has no reasonable basis to know that the 
resource is from Federal land, then that person has not committed a 
prohibited act and would not be subject to civil and/or criminal 
penalties.
    101. Comment: A commenter asked how the bureaus would monitor for 
violations and enforce the Act.
    Bureau response: The bureaus will manage for violations of the Act 
and regulations as any other resource investigation by professional law 
enforcement staff working closely with resource specialists and other 
agency personnel. Bureaus may issue citations to persons when law 
enforcement personnel have probable cause to believe that such persons 
committed a prohibited act. In some situations, the case may go before 
a magistrate.
    102. Comment: A large number of commenters stated that the bureaus 
should support, not penalize, amateur collecting.
    Bureau response: Congress and the bureaus agree. Language in the 
final regulation reinforces that the bureaus support amateur 
paleontology. These provisions address public education and outreach, 
collaboration with various communities, and casual collecting. As an 
example, NPS engages in a partnership with the Paleontological Society 
and Society for Vertebrate Paleontology to create a program for 
professional, student, and amateur paleontologists to assist with 
paleontology-related projects in parks. Amateur collecting can readily 
occur in accordance with the Act and the final regulations.
    103. Comment: One commenter asked about the consequences for 
educators, including paleontologists, using fossils collected from 
public land as educational tools.
    Bureau response: If the commenter is referring to fossils collected 
prior to enactment of the Act, then the laws and regulations applicable 
at that time will still apply to those fossils, rather than the Act and 
the final regulations. If the fossils were collected after enactment of 
the Act, there will be no adverse consequences if the educator collects 
the fossil in accordance with the Act and this regulation. If, on the 
other hand, the educator collected the fossils in violation of the Act 
and these regulations, then that educator may be subject to civil or 
criminal penalties.
    104. Comment: A commenter suggested that the regulation should 
include a provision allowing persons who collected or obtained 
paleontological resources in violation of the Act and the regulations 
to return those resources to the Federal land manager without penalty.
    Bureau response: In response to this comment, the final regulations 
allow persons who collected or obtained paleontological resources in 
violation of the Act and the regulation to return those resources to 
the Federal land manager without penalty, if deemed appropriate by the 
Federal land manager (see Sec.  49.300(c)). The Federal land manager 
will determine the details of the return (i.e., when, where, how, 
etc.).

Subpart E--Criminal Penalties

    105. Comment: One commenter stated that the regulations would not 
prevent vandalism.
    Bureau response: The bureaus agree that it is impossible to prevent 
all vandalism and theft of paleontological resources on Federal lands. 
Publication of the list of prohibited acts in subpart D (which include 
damage, altering, and defacing), the criminal penalties in subpart E, 
and the civil penalties in

[[Page 47310]]

subpart F is expected to improve the public's understanding of 
impermissible activities and, in turn, significantly reduce their 
occurrence. In addition, other provisions of the Act and the final 
regulations emphasize increased public education, coordination among 
the bureaus, and increased work with volunteers including amateur 
paleontologists to support inventory, monitoring, and educational 
outreach. These provisions are likely to reduce paleontological 
resource theft, vandalism, and other damages.
    106. Comment: Although one commenter asserted that the regulations 
would require increased law enforcement presence, another commenter 
contended that the cost of implementing the regulation and Act, 
including law enforcement, would be too high.
    Bureau response: In the short term, bureau staff will be 
implementing the Act and the final regulation. As the bureaus identify 
increasing need, they will seek to work with additional resources, 
personnel, volunteers, and partner organizations. For example, NPS 
works with the Paleontological Society and the Society of Vertebrate 
Paleontology to foster increased opportunities for volunteers and 
amateurs to assist the NPS with paleontological projects.
    107. Comment: A commenter stated that theft and vandalism of 
fossils are a non-critical issue.
    Bureau response: The Act explicitly prohibits, with criminal 
penalties, theft and vandalism of paleontological resources. 16 U.S.C. 
470aaa-5. The Act requires the bureaus to issue regulations to carry 
out the provisions of the Act. 16 U.S.C. 470aaa-9. As a result, the 
bureaus are required by law to prohibit the theft and vandalism of 
paleontological resources. Notwithstanding this legal mandate, the 
bureaus believe that theft and vandalism are a real and present threat 
to the integrity of paleontological resources on Federal land. For 
example, the NPS has documented 861 incidents of paleontological 
resource crimes (theft and vandalism) within 24 NPS units between 2005 
and 2014.
    108. Comment: One commenter suggested that the bureaus should apply 
criminal penalties in the final regulations retroactively, but others 
recommended that criminal penalties under the Act should be effective 
only upon the promulgation of the final regulations.
    Bureau response: Criminal penalties under the Act became effective 
on March 30, 2009, and are applicable prior to the effective date of 
the final regulation. The bureaus do not have the authority to apply 
the criminal penalties retroactively--i.e., prior to the passage of the 
Act. The bureaus may prosecute paleontological resource theft and other 
crimes that took place prior to March 30, 2009, under other authorities 
that were in effect at that time and that continue to be in effect.
    109. Comment: One commenter suggested that the bureaus should 
penalize persons who engage in scientific misconduct under existing 
Federal rules and policies rather than under the Act and the final 
regulations.
    Bureau response: Congress, in the Act, did not mention or exempt 
scientific misconduct; therefore, the bureaus disagree with the 
commenter. In the Act, Congress listed prohibited actions and 
authorized penalties for persons who engage in those actions. For 
example, collection of vertebrate fossils without a permit on BLM land 
is a prohibited act. So is collection under a permit but not complying 
with the terms and conditions with that permit. If a collector or 
permittee engages in those actions, then he or she may be subject to 
penalties.
    110. Comment: Several commenters contend that the regulations 
penalize children and other innocent or curious persons who simply pick 
up fossils, and asked about the effects of the regulations on the use 
of fossils as an effective motivational learning tool for science and 
public education.
    Bureau response: Picking up paleontological resources is casual 
collecting, as defined and allowed under subpart I of the final 
regulations. Casual collecting on lands administered by BLM and 
Reclamation in compliance with subpart I is allowed. Casual collecting 
on lands administered by NPS and FWS is not allowed and may be subject 
to civil or criminal penalties. The Federal land manager and prosecutor 
have discretion whether to seek the imposition of penalties, and the 
final regulations now contain provisions that allow the return of 
paleontological resources collected or obtained in violation of the Act 
and the regulations without penalty, if deemed appropriate by the 
Federal land manager. These regulations will enhance the use of fossils 
as a learning tool for science and public education.
    111. Comment: Several commenters asserted that it would be very 
easy for the bureaus to penalize adults who accidentally violate the 
regulation with fines and up to 5 years in prison.
    Bureau response: A criminal violation must be committed 
``knowingly,'' which means the act was done voluntarily or 
intentionally and not because of mistake or accident. Knowledge of the 
criminal statute governing the conduct is not required. However, both 
the Federal land manager and prosecutor have discretion whether to seek 
the imposition of penalties, and the final regulations now contain 
provisions that allow the return of fossils collected or obtained in 
violation of the Act and the regulations without penalty, if deemed 
appropriate by the Federal land manager.

Subpart F--Civil Penalties

    112. Comment: One commenter alleged that this subpart addresses 
Notices of Violation as much as it addresses civil penalties, which is 
confusing.
    Bureau response: The Notice of Violation (NOV) is the first step in 
the assessment of a civil penalty, and is part of ensuring due process 
for the person believed to have committed a violation. The NOV offers 
that person an opportunity to provide more information that the Federal 
land manager, law enforcement personnel, and potentially a court or the 
Office of Hearings and Appeals, Department of the Interior would use 
the NOV and any response to it, to determine whether a violation 
occurred and to assess an appropriate civil penalty.
    113. Comment: A commenter supports criminal and civil penalties for 
violators of the final regulations, and asks if there is any private 
right of action as well.
    Bureau response: The bureaus appreciate the supportive comment. 
Under the Act at section 6311(6) and the final regulations at Sec.  
49.20, third parties do not have the right to enforce the Act or the 
regulations.
    114. Comment: One commenter expressed confusion about when the 
Federal land manager may issue an NOV.
    Bureau response: In response to the comment, the bureaus worded 
Sec.  49.505 to clarify when and how an NOV may be issued.
    115. Comment: One commenter stated that there might be 
circumstances when the civil penalty proposed in the NOV pursuant to 
Sec.  49.510 is actually, upon further consideration, too low and the 
bureau should adjust upward for the final assessment of civil penalty.
    Bureau response: Section 49.525(e) authorizes the final assessment 
of civil penalty to be equal to, less than, or more than the proposed 
civil penalty. Likewise, under Sec.  49.545(b)(2), the penalty assessed 
by an administrative law judge is not limited by the civil penalty that 
was assessed by the Federal land manager.

[[Page 47311]]

    116. Comment: One commenter suggested adding the phrase ``of the 
paleontological resources and paleontological sites'' between the words 
``repair'' and ``are'' in Sec.  49.525(b) so that it would read: ``(b) 
Scientific and commercial values and the cost of response, restoration, 
and repair of the paleontological resources and paleontological sites 
are determined under subpart G of this part.'''
    Bureau response: The bureaus agree and adopt the commenter's 
suggestion.
    117. Comment: One commenter proposed alternative regulatory text 
regarding the procedures for determining scientific and commercial 
values provided under subpart G.
    Bureau response: Subpart G provides criteria rather than 
procedures. However, to clarify the relationship of subparts F and G in 
response to the comment, the bureaus worded the final regulation at 
Sec.  49.525(b) to state that civil penalties determined in accordance 
with subpart F are based in part on the values and costs derived in 
accordance with subpart G.
    118. Comment: One commenter pointed out that the use of the word 
``recovered'' in proposed Sec.  49.525(d)(2) has been used in the past 
by unethical persons to mean ``covered back up.'' The commenter 
therefore suggested substituting the words ``salvaged'' or 
``collected'' rather than ``recovered.''
    Bureau response: The bureaus appreciate and agree with the proposed 
clarification, and substituted the word ``salvaged'' for the word 
``recovered'' in the final regulation at Sec.  49.525(d)(2).
    119. Comment: One commenter noted that proposed Sec.  49.525(e) 
directs the Federal land manager to determine ``scientific or 
commercial values, but should instead use the word ``and.''
    Bureau response: The bureaus agreed but deleted this provision 
because it was redundant with Sec.  49.525(b).
    120. Comment: One commenter suggested adding the word ``and'' to 
the list at Sec.  49.530.
    Bureau response: The bureaus appreciate and adopt this clarifying 
edit.
    121. Comment: A commenter asked for clarification of the acronym 
``OHA.''
    Bureau response: The final regulation defines and explains this 
acronym; ``OHA'' stands for the DOI Office of Hearings and Appeals.
    122. Comment: One commenter asked for the phrase ``via certified 
mail, return receipt requested, or other verifiable delivery method'' 
to be added to Sec.  49.535(c) and Sec.  49.550(c).
    Bureau response: The bureaus appreciate the clarifying edit and 
added the phrase ``via registered or certified mail, return receipt 
requested, or other delivery service method, delivery receipt 
requested.'' The bureaus have also added the option to file ``by 
electronic means in accordance with an OHA Standing Order which is 
available on OHA's website at the web address specified in the final 
assessment of civil penalty.'' This language is for consistency with 
OHA's development of an electronic filing system and associated updates 
to OHA regulations.
    123. Comment: One commenter suggested that using the term ``Ad Hoc 
Board of Appeals'' in Sec.  59.555(a) would eliminate the need to 
define ``Ad Hoc Board of Appeals'' in the definition section of the 
regulation.
    Bureau response: Although the bureaus appreciate the comment and 
used the term ``Ad Hoc Board of Appeals'' in Sec.  49.555(a) of the 
final regulations, the definitions section of the regulation retains 
the term for clarification.
    124. Comment: One commenter suggested that the funds collected 
under subpart F (Civil Penalties) be available for preparation and 
curation of the paleontological resources that were the subject of the 
violation, in addition to the other purposes already listed in Sec.  
49.575.
    Bureau response: The bureaus agree. The Act allows collected 
penalties to be used for various purposes, including ``to protect, 
restore, or repair the paleontological resources and sites which were 
the subject of the action, and to protect, monitor, and study the 
resources and sites.'' 16 U.S.C. 470aaa-6(d). Using the funds for 
preparation, stabilization, and curation falls within these purposes. 
These costs are also included in the calculation of scientific value 
under subpart G, which in turn is included in the calculation of civil 
penalties under subpart F and criminal penalties under subpart E. 
Therefore, once the penalties are collected, it is logical to apply 
them to defray those costs. The bureaus have worded the final 
regulation at Sec.  49.575(a) to incorporate the suggestion.

Subpart G--Determining Scientific Value, Commercial Value, and the Cost 
of Response, Restoration, and Repair

    125. Comment: Several comments indicated confusion about the 
purpose of determining scientific and commercial values, as well as the 
cost of response, restoration, and repair.
    Bureau response: Determination of scientific and commercial values, 
as well as the costs of response, restoration and repair, in this 
regulation and under the Act are only relevant for the calculation of 
appropriate criminal and civil penalties under this regulation, and are 
not relevant for other management concerns. The final regulations now 
clarify this point via the addition of the phrase ``determined for 
criminal and civil penalties'' to the headings for Sec. Sec.  49.600, 
49.605, and 49.610 and the phrase ``[i]n determining a criminal or 
civil penalty'' to the text of those sections.
    126. Comment: Two commenters requested the addition of 
``preparation and stabilization'' costs to the list of costs associated 
with obtaining the scientific and educational information from the 
disturbed paleontological resource or site.
    Bureau response: Preparation and stabilization are included in the 
costs of response and repair. However, the bureaus added the language 
as a clarification.
    127. Comment: One commenter suggested distinguishing scientific 
value from paleontological value.
    Bureau response: The final regulation only uses the term 
``scientific value,'' not ``paleontological value.'' Thus, it is not 
necessary to discuss the latter term. Nonetheless, as stated in the 
preamble for the proposed rule, the bureaus view these terms as 
synonymous for purposes of the Act and the regulations.
    128. Comment: One commenter suggested that the commercial value of 
a paleontological resource that is the subject of a prohibited act 
should not include preparation costs.
    Bureau response: The final regulation at Sec.  49.605 specifies 
that the commercial value of a resource is based on comparable sales, 
appraisal, market value, or like information. Thus, if the fossil that 
is the subject of a prohibited action has not been prepared, its 
commercial value will reflect the non-preparation. Conversely, if the 
fossil has been prepared, its commercial value will reflect that. If it 
is not possible to determine the commercial value, then the value will 
be based on Sec.  49.600 (scientific value), which does include 
preparation costs, or the cost of response, restoration, and repair 
determined in accordance with Sec.  49.610.
    129. Comment: Commenters suggested clarifying revisions to Sec.  
49.610.
    Bureau response: The bureaus agreed with these suggestions and 
incorporated the clarifications into the final regulation.

Subpart H--Forfeiture and Rewards

    130. Comment: A commenter asked if a witness can earn a reward for 
reporting anything that looks like a violation of the regulations.
    Bureau response: No, under subpart H, the bureaus may pay a reward 
to a

[[Page 47312]]

person who furnishes information that leads to an actual finding of a 
civil violation or to a criminal conviction.

Subpart I--Casual Collection of Common Invertebrate or Plant 
Paleontological Resources on Bureau of Land Management and Bureau of 
Reclamation Administered Lands

    Sixty percent of the comments received by the Department on the 
proposed rule addressed the provision of the Act that allows casual 
collection on lands administered by BLM and Reclamation. These comments 
overwhelmingly expressed a desire that these bureaus should allow the 
public to collect common non-vertebrate paleontological resources with 
the least amount of interference as possible. Both amateur and 
professional paleontologists shared this sentiment. The final rule 
accommodates many suggestions offered by the public.
    131. Comment: Some commenters pointed out that the Act is clear 
about where casual collection is and is not allowed and that proposed 
Sec.  49.800, stating that casual collection is not allowed on lands 
managed by the NPS or FWS, was superfluous, whereas other commenters 
did not recognize that casual collection is not allowed on those lands.
    Bureau response: The bureaus have retained Sec.  49.800 to affirm 
that casual collecting is not allowed on lands that are administered by 
the NPS or FWS.
    132. Comment: Several commenters suggested that the NPS and FWS 
should ``formally relinquish'' authority over casual collecting because 
it is not allowed on NPS and FWS lands.
    Bureau response: The NPS and FWS do not assert authority over 
casual collecting in areas administered by BLM or Reclamation, except 
in areas subject to an agreement between the bureaus, but all bureaus 
will continue to coordinate to ensure that casual collecting activities 
occur only in compliance with the Act and the final regulations.
    133. Comment: Several commenters asked why BLM national monuments, 
national conservation areas, outstanding natural areas, or forest 
reserves would automatically be closed to casual collecting, when the 
Act does not provide that restriction.
    Bureau response: The commenters are correct that the Act does not 
provide that restriction, and the bureaus have removed this provision. 
Under the Act, all BLM-administered lands are open to casual collection 
unless they are closed by statute or by area closures that are 
authorized by statute, such as those at 43 CFR subpart 8364, or by this 
regulation at Sec.  49.40. These closures may apply to individual BLM 
national monuments, national conservation areas, outstanding natural 
areas, forest reserves, and other areas when provided for in the 
enabling legislation or presidential declaration for those areas, or 
when the BLM establishes an area as closed to casual collection through 
BLM's land use planning process set forth at 43 CFR part 1600.
    134. Comment: Some commenters offered or suggested revisions to the 
definition of casual collection.
    Bureau response: The definition of casual collection at Sec.  
49.810(a) is taken directly from section 6301 of the Act.
    135. Comment: Several commenters suggested that the bureaus require 
prospective casual collectors to obtain a day license or simple permit, 
or to submit a post-collection report.
    Bureau response: The Act specifically excludes casual collecting 
from the permit requirement, so the bureaus concluded that even a 
simple permit or license requirement for casual collecting would 
conflict with Congressional intent. While the bureaus recognize that 
these commenters are concerned about the impacts of casual collecting 
on scientifically important specimens, the regulations and existing 
statutes provide procedures for the bureaus to protect and preserve 
scientifically important paleontological resources, including non-
vertebrate paleontological resources.
    136. Comment: Many commenters refuted a statement in the proposed 
rule that explained that if a collector thought that a non-vertebrate 
fossil might be uncommon they must leave it in the field. Both amateur 
and professional paleontologists objected to this statement because the 
fossil might be lost and doing so would not be in keeping with the 
spirit of the Act. Additionally, many professional paleontologists who 
specialize in non-vertebrate fossils were adamant that amateur 
paleontologists are critical to the pursuit of paleontological science 
because they bring discoveries directly to them, rather than leaving 
fossils in the field.
    Bureau response: The bureaus recognize that unless determined 
through a prior area closure or restriction, it is difficult to know 
whether a non-vertebrate paleontological resource is common, and so 
encourage collectors to share potentially important discoveries with 
knowledgeable non-vertebrate paleontologists to determine if the 
resource is not common, even when it means collecting the resource to 
accomplish this goal. The bureaus agree that amateur paleontologists 
are important to preserving paleontological resources, and therefore 
the bureaus recognize that these amateurs are partners in implementing 
the Act. In order to preserve important paleontological resources, the 
BLM and Reclamation will solicit input from both professional and 
amateur partners in order to determine whether the resource is common 
or not.
    137. Comment: Some commenters expressed concern that under the Act 
casual collection on BLM-administered lands is more restrictive than 
prior to passage of the Act.
    Bureau response: Prior to passage of the Act and enactment of these 
regulations, BLM allowed casual collecting as a matter of discretion on 
BLM-administered lands. Under the Act and Sec.  49.805(a) of the 
regulation, casual collection of common non-vertebrate paleontological 
resources by the public is specifically authorized, so casual 
collection has expanded, not contracted. The Act provides for casual 
collection of reasonable amounts of common non-vertebrate 
paleontological resources on BLM-administered land for non-commercial 
use, except for areas closed by other statutes, executive orders, or in 
accordance with this regulation. Any closures or restrictions to casual 
collection must be in accordance with this regulation or other 
statutes.
    138. Comment: A commenter wanted to know why rules for casual 
collection might be different on Bureau of Reclamation lands.
    Bureau response: Prior to passage of the Act, Reclamation did not 
allow casual collection on lands that bureau administers. Section 
49.805(b) allows the bureau to protect these lands for their intended 
use, water resource management. Therefore, casual collection is only 
allowed in designated areas following processes defined in 
Reclamation's public conduct rule at 43 CFR 423.
    139. Comment: Some commenters asked for the option to sell 
collections made through casual use.
    Bureau response: Both the Act and the final rule are clear that 
paleontological resources may only be collected for non-commercial 
purposes. A person may not sell a paleontological resource that they 
know or should know was collected on public lands.
    140. Comment: Some commenters stated that the 25-pound reasonable 
amount limit should apply to the non-vertebrate fossils being 
collected, but not to the rock or matrix in which the fossils are 
embedded. Many also argued that to remove fossils from rock matrix in 
the field would require unreasonable

[[Page 47313]]

effort and would often damage the fossil that they were trying to 
collect. These respondents pointed out that the collection, while 
exceeding 25 pounds, would still only contain one or two non-vertebrate 
fossils. Applying the 25-pound limit to the entire rock would put many 
common non-vertebrate fossils out of reach of amateur collectors, or 
threaten the fossils because of the need for unnecessary field 
preparation.
    Bureau response: Section 49.810(a)(2) of the final regulation 
states that a collector may remove up to 25 pounds of common non-
vertebrate paleontological resources. This is the same amount included 
in the proposed rule. However, the bureaus have clarified that a 
collector may remove individual slabs or cobbles of rock that exceed 25 
pounds in order to prevent the loss or breakage of otherwise good 
specimens. The collector may still create only negligible disturbance.
    141. Comment: A large number of commenters were concerned about the 
proposed definition of negligible disturbance and pointed out that 
establishing areas of appropriate disturbance could not be one-size-
fits-all and that using the regulations to establish predetermined 
areas would be arbitrary.
    Bureau response: Section 49.810(a)(3) of the final rule states that 
negligible disturbance means little or no change to the surface of the 
land and minimal or no effect to natural and cultural resources. This 
definition is similar to the definition provided by the U.S. Forest 
Service in 36 CFR 291.5 under the same statute, and is consistent with 
the use of the term in other regulations for other BLM programs, 
including 43 CFR 2801.5, 2881.5, and 3819.5. The Federal land manager, 
using procedures at Sec.  49.810(b), may establish specific limits to 
disturbance in specific areas.
    142. Comment: Many commenters expressed concern about limitations 
to the types of hand tools that casual collectors may use, saying that 
such limits were too restrictive and exceeded the scope of the Act.
    Bureau response: The definition provided at Sec.  49.810(a)(5) 
removes the requirement that a hand tool must be small or limited to a 
hammer, trowel, or sieve. Regardless of the size of a hand tool, the 
person engaged in casual collection must not create anything greater 
than negligible disturbance as the final regulation defines this term.
    143. Comment: Some respondents expressed dismay that even small 
power tools may not be used in support of casual collection because 
they are highly efficient and produce less disturbance than some hand 
tools.
    Bureau response: The Act does not permit the use of power tools in 
support of casual collection. The definition provided at Sec.  
49.810(a)(5) retains the clarification that non-powered hand tool means 
without a motor, engine, or other power source.
    144. Comment: Many commenters were concerned that casual collection 
could result in the overuse of an area or depletion of a 
paleontological resource.
    Bureau response: Section 49.810(b) of the final rule states that 
the Federal land manager may establish additional limitations to casual 
collecting in order to preserve paleontological or other resources. 
Examples include reducing the maximum weight defined for reasonable 
amount, decreasing the threshold for negligible disturbance, limiting 
depth of allowable disturbance, limiting the use of specific tools, 
defining what is common in a specific area, establishing time or 
duration limits for collecting, establishing limits to avoid cumulative 
effects, and establishing parameters for safety. The bureaus may also 
establish limits to fossil collection through other area closure 
authorities, including Sec.  47.40 of this regulation. The bureau will 
make public any information about limitations or restrictions to casual 
collection, identifying what the restrictions are and where they apply.
    145. Comment: Some commenters expressed a desire to share their 
personal collections of non-vertebrate fossils with professional and 
educational groups, but fear having some or all of their collection 
confiscated by the bureaus because someone might determine that a 
fossil is not common.
    Bureau response: The bureaus want to encourage collectors to share 
their collections, use them for educational purposes, and have them 
identified by qualified professionals. Therefore, the bureaus would 
determine that only non-vertebrate specimens found on public land that 
offer new information about the history of life on earth are not 
common. Avocational paleontologists are encouraged to build personal 
collections of common non-vertebrate paleontological resources 
collected in a manner consistent with this part.
    146. Comment: Commenters wanted to know if academic institutions, 
such as geology departments, could build collections of casually 
collected non-vertebrate fossils.
    Bureau response: Repositories, including geology departments and 
educational institutions, are encouraged to apply for a permit when 
they build collections of common non-vertebrate paleontological 
resources from lands administered by BLM or Reclamation. However, they 
may accept casually collected specimens in order to further public 
education. Repositories may accept these common non-vertebrate 
specimens for teaching collections or other educational uses without 
notifying the BLM or Reclamation, but should identify or acknowledge 
the appropriate bureau in subsequent presentations or displays. 
Specimens that are collected legally under this part, but are 
subsequently found to be uncommon, should be transferred to an approved 
repository and reported to the bureau that manages the land from which 
they were found.
    147. Comment: Several commenters wanted to know who determines 
which fossils are not common. Many commenters were concerned that the 
Federal land manager might not be qualified to determine which fossils 
are not common. Some commenters stated that professional 
paleontologists, not the Federal land manager, should determine what is 
not common. Many asked for guidance in determining which fossils are 
and which fossils are not common.
    Bureau response: The Act requires the bureaus to retain the 
responsibility to determine which non-vertebrate paleontological 
resources are not common. However, determining what is common or not 
common should always be done in consultation with a qualified 
paleontologist. What is not common should be determined by the 
scientific importance of the specimen and not simply on its rarity or 
condition of preservation. Thus, some fragments of otherwise rare 
specimens might be common. An exceptionally well preserved, unusual, 
and even ``rare'' specimen may be common according to this regulation 
if it does not offer important or new information about the history of 
life on Earth. Generally, uncommon fossils are those that are 
scientifically rare or unique. In cases where the qualified 
paleontologist and the collector do not agree on the importance of the 
specimen, or where multiple paleontologists disagree, the Federal land 
manager makes the final determination of what is not common.

Summary of Changes From the Proposed Rule

    After taking the public comments into consideration and after 
additional review, the bureaus made the following substantive changes 
in the final rule. Additionally, the bureaus made small, non-
substantive stylistic, formatting, and structural changes to better 
serve the reader. For a more detailed discussion of these changes, 
refer to the preceding section entitled ``Summary of

[[Page 47314]]

Public Comments'' and bureau responses, organized by subpart.

------------------------------------------------------------------------
          Title 43                      Description of change
------------------------------------------------------------------------
Subpart A..................  Changed heading from ``Managing,
                              Protecting, and Preserving Paleontological
                              Resources'' to ``Preserving, Managing, and
                              Protecting Paleontological Resources.''
Sec.   49.1................  Replaced ``fossils'' with ``paleontological
                              resources'' here and throughout the final
                              rule to clarify that the rule applies to
                              paleontological resources, which are a
                              subset of fossils.
Sec.   49.5................  Replaced the term ``authorized officer''
                              with ``Federal land manager'' for
                              clarification and consistency with other
                              laws and regulations.
Sec.   49.5................  Replaced the term ``curatorial services''
                              with ``curation.'' DOI reverted to the
                              language used by USDA at 36 CFR 291.5 in
                              order to remain consistent with the Forest
                              Service, existing DOI policy at 411 DM,
                              and with the Act. Previous versions,
                              including the proposed rule, stated the
                              same information, but DOI found that the
                              USDA version of the definition provided
                              the clearest definition of curation.
Sec.   49.5................  Clarified definitions of ``collection,''
                              ``consumptive analysis,'' ``day,''
                              ``fossilized,'' and ``nature.''
Sec.   49.5................  Added definitions of ``deposit,''
                              ``preparation,'' and ``working
                              collection.''
Sec.   49.15...............  Added language to clarify that on lands
                              administered by BLM or Reclamation,
                              certain fossilized mineral materials,
                              including petrified wood, and conodonts
                              (microscopic remains of a Paleozoic-era
                              eel-like animal) are not subject to these
                              regulations.
Sec.   49.25...............  Streamlined and simplified the process of
                              determining when specific locality
                              information may be disclosed by
                              eliminating the requirement for the
                              Federal land manager to enter into written
                              agreements with each party seeking
                              disclosure; authorizing the Federal land
                              manager to define bureau confidentiality
                              requirements consistent with the
                              regulation; and clarifying that the
                              disclosure of information in furtherance
                              of the Act does not constitute an official
                              public disclosure under the Freedom of
                              Information Act.
Subpart B..................  Corrected section-numbering sequence
                              throughout this subpart. In the proposed
                              rule, these sections were numbered Sec.
                              Sec.   49.50 through 49.95. In the final,
                              they are numbered Sec.  Sec.   49.100
                              through 49.145. Subsequent citations in
                              this table refer to the corrected numbers.
Sec.   49.100..............  Clarified that a permit may be required for
                              paleontological research or consulting
                              activities and eliminated the requirement
                              for a permit for disturbance because the
                              term ``disturbance'' was unclear in this
                              context.
Sec.   49.105(b)...........  Clarified that a person not meeting the
                              criteria to receive a permit can perform
                              work under an issued permit when
                              appropriately supervised by a permittee.
Sec.   49.110..............  Eliminated the requirement contained in the
                              proposed regulation that would have
                              required permit applicants to possess a
                              graduate degree.
Sec.   49.115..............  Simplified permit application requirements
                              by using concise language, and by not
                              requiring that permit applicants include
                              written verification of collection
                              acceptance from a repository in their
                              permit applications. The verification from
                              the repository is a condition of permit
                              approval, not the permit application.
Sec.   49.120..............  Removed the repository approval process
                              from the permit approval process, in order
                              to speed up and simplify the permit
                              decision. Under the final regulation,
                              repository approval may happen at any
                              time.
Sec.   49.125(a)(1)........  Clarified that both permittees and approved
                              repositories named in the permit are
                              subject to the Act and regulations'
                              confidentiality requirements, and that
                              they may disclose information if the
                              Federal land manager determines that the
                              disclosure is consistent with applicable
                              bureau policy.
Sec.   49.125(a)(2)........  Removed a permittee reporting requirement
                              regarding persons conducting activities
                              under a permit (proposed Sec.
                              49.75(a)(2)), and replaced it with the
                              requirement to maintain a safe and secure
                              worksite.
Sec.   49.125(a)(8)........  Added requirement for permittees to
                              safeguard collections and related data
                              until the collection is deposited in the
                              approved repository named in the permit.
Sec.   49.125(a)(10).......  Clarified that a permittee cannot also act
                              as the repository official who signs the
                              receipt for collections.
Sec.   49.125(a)(11).......  Added requirement that copy of the permit
                              and other associated records must
                              accompany the collection during transport
                              and be provided to the approved repository
                              named in the permit.
Sec.   49.125(a)(13).......  Clarified that permittees are responsible
                              for the costs of the permitted activity,
                              including initial curation costs. Proposed
                              rule stated that permittees are
                              responsible for all curation costs.
Sec.   49.125(e)...........  Added permit modification, suspension, and
                              revocation to the possible consequences of
                              permittee non-compliance with the terms of
                              a permit.
Sec.   49.130..............  Added a provision that bureaus may modify
                              permits when there is a potential
                              violation of a term or condition.
Sec.   49.140..............  Clarified the permit-related decisions by
                              NPS may be reconsidered, rather than
                              appealed, to be consistent with other NPS
                              permitting practices.
Sec.   49.200(a)...........  Clarified that, under this regulation,
                              repositories are approved to receive a
                              collection, not generally approved for
                              everything.
Sec.   49.200(c)...........  Added authorization for Federal land
                              managers to move paleontological resource
                              collections that do not further
                              paleontological knowledge, public
                              education, or management of
                              paleontological resources into working
                              collections.
Sec.   49.205..............  Deleted the language requiring repository
                              approval during the permit approval
                              process, in order to provide more
                              flexibility and speed up permit decisions.
                              Also, simplified the requirements for
                              approval of a proposed repository. Also,
                              amended the process for Federal land
                              managers to follow in the event of a
                              repository's lack of compliance with the
                              approval criteria.
Sec.   49.210..............  Eliminated entire section that was in the
                              proposed rule regarding the process for
                              depositing a collection at an approved
                              repository because of public comment and
                              because it was redundant with Sec.
                              49.125(a)(10). This section now addresses
                              the terms and conditions of agreements
                              between the bureaus and repositories,
                              which were formerly addressed by Sec.
                              49.215.
Sec.   49.210(b)(5)........  Now clarifies that determinations related
                              to disclosure of specific locality
                              information pursuant to Sec.   49.25 are
                              made by the Federal land manager.
Sec.   49.210(b)(7)........  Now clarifies that agreements between
                              bureaus and approved repositories must
                              address loans to other entities.
Sec.   49.210(b)(10).......  Now contains detail about the provision of
                              publications or reports to the bureaus.
Sec.   49.210(b)(12).......  Added affirmative requirement that
                              repository employees must work to preserve
                              and protect specimens in their care using
                              best professional practices.
Sec.   49.215..............  With the elimination of one of the sections
                              from the proposed rule (Sec.   49.210),
                              the bureaus were able to move all
                              subsequent sections up in this final rule.
                              Thus, this section was, in the proposed
                              rule, Sec.   49.220.

[[Page 47315]]

 
Sec.   49.215(a)...........  Streamlined this language from the proposed
                              rule to make it shorter, simpler, and less
                              redundant with the definitions section.
Sec.   49.215(b)...........  Included language to clarify that the
                              Federal land manager may remove specimens
                              from museum collections and assign them to
                              working collections. This will reduce
                              burdens on repositories.
Sec.   49.215(c)...........  Added clarifying language regarding the
                              fees that repositories may charge to
                              recover their costs.
Sec.   49.300(b)...........  Added option for a person to return
                              paleontological resources that were
                              collected or obtained in violation of the
                              Act without penalty to the Federal land
                              manager if deemed appropriate by the
                              Federal land manager.
Sec.   49.400..............  Streamlined the language regarding the
                              effective date of this criminal penalties
                              subpart and added minor clarifying edits
                              to enhance wording consistency between
                              this section and subpart G.
Sec.   49.500-49.535.......  Minor clarifying edits such as
                              reorganization of a sentence, making
                              headings lower-case, elimination of
                              redundant clauses and sentences, and
                              simplification of language.
Sec.   49.540..............  Added new paragraphs (c) and (d) for
                              improved consistency between this
                              subpart's hearing provisions and existing
                              DOI regulations pertaining to hearings.
Sec.   49.575(a)...........  Added ``prepare'' and ``curate'' to the
                              list of actions that can be funded by
                              collected civil penalties. These are
                              subsets of the terms ``protect,''
                              ``restore,'' and ``repair.'' These latter
                              terms appeared in the proposed regulation
                              and appear in the Act, but the final
                              regulation includes ``prepare'' and
                              ``curate'' as well, for the sake of
                              clarity.
Subpart G..................  Throughout this subpart, added language to
                              clarify that this subpart defines
                              scientific value, commercial value, and
                              the cost of response, restoration and
                              repair only for determining civil and
                              criminal penalties, not for any other
                              purpose.
Sec.   49.600..............  Clarifies that scientific value is
                              determined for the calculation of criminal
                              and civil penalties, and clarifies the
                              various components for determining this
                              value.
Sec.   49.605..............  Clarifies that commercial value is
                              determined for the calculation of criminal
                              and civil penalties, and clarifies the
                              various components for determining this
                              value.
Sec.   49.610..............  Clarifies that cost of response,
                              restoration, and repair is determined for
                              the calculation of criminal and civil
                              penalties, and clarifies the various
                              components for determining this value.
                              Adds preparation and stabilization to the
                              calculation of this cost.
Sec.   49.700..............  Removes the reference to ``stolen Federal
                              property'' because it is unnecessary for
                              purposes of this section.
Sec.   49.805(a)...........  Removed list of specific types of BLM-
                              administered lands, such as national
                              monuments, national conservation areas,
                              outstanding natural areas, or forest
                              reserves that BLM had proposed for closure
                              to casual collection by regulation. All
                              BLM-managed public lands are open to
                              casual collection unless specifically
                              closed by statute or through the process
                              at Sec.   49.40 of these regulations.
Sec.   49.810(a)(1)........  Added ``non-vertebrate paleontological
                              resources'' as a shorthand for
                              ``invertebrate or plant paleontological
                              resources'' for simplicity and
                              streamlining.
Sec.   49.810(a)(2)........  Removed limitation that a person may
                              collect only 100 pounds of common plant
                              and invertebrate paleontological resources
                              per year. Also allows collectors to remove
                              a slab or cobble of rock that exceeds 25
                              pounds in order to preserve the integrity
                              of an embedded specimen.
Sec.   49.810(a)(3)........  Removed the language that was in the
                              proposed rule regarding the size of and
                              distance between disturbed areas as a
                              component of the definition of negligible
                              disturbance.
Sec.   49.810(a)(5)........  Removed reference to the size of hand tools
                              to be more consistent with the Act, which
                              focused on the non-powered aspect of the
                              hand tools rather than their size.
Sec.   49.810(c)...........  Established that Federal land managers will
                              consult with knowledgeable paleontologists
                              to determine which plant and invertebrate
                              paleontological resources are not common.
------------------------------------------------------------------------

Compliance With Other Laws, Executive Orders, and Departmental Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is 
significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. DOIS has developed this 
rule in a manner consistent with these requirements.

Regulatory Flexibility Act (RFA)

    This rule will not have a significant economic effect on a 
substantial number of small entities under the RFA (5 U.S.C. 601 et 
seq.). This certification is based on the cost-benefit and regulatory 
flexibility analyses found in the report titled ``Proposed 
Paleontological Resources Preservation Regulations, 43 CFR part 49: 
Economic Analysis in Support of Executive Order 12866 and Regulatory 
Flexibility Act Compliance,'' which can be viewed at www.blm.gov/paleontology by clicking on the link entitled ``Proposed 
Paleontological Resources Preservation Regulations, 43 CFR part 49: 
Economic Analysis in Support of Executive Order 12866 and Regulatory 
Flexibility Act Compliance.'' This report is also available via http://www.regulations.gov in Docket NPS-2016-0003.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, state, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act (UMRA)

    This rule does not impose an unfunded mandate on State, local, or

[[Page 47316]]

Tribal governments or the private sector of more than $100 million per 
year. This rule will not have a significant or unique effect on State, 
local, or Tribal governments or the private sector. The rule addresses 
the management of paleontological resources on and from lands managed 
by BLM, Reclamation, FWS, and NPS, and imposes no requirements on other 
agencies or governments. A statement containing information required by 
the UMRA (2 U.S.C. 1531 et seq.) is not required.

Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630. This rule is not 
a government action capable of interfering with constitutionally 
protected property rights. It would implement the new statutory 
authority for managing, preserving, and protecting paleontological 
resources on Federal lands and is consistent with prior policies, 
procedures, and practices for the collection and curation of 
paleontological resources on Federal land. Private property is not 
affected. A takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. This rule 
addresses the management of paleontological resources on and from lands 
managed by the BLM, Reclamation, FWS, and NPS, and imposes no 
requirements on other agencies or governments. It does not have a 
substantial direct effect on the States, on the relationship between 
the Federal Government and the States, or on the distribution of power 
and responsibilities among the levels of government. A federalism 
summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation and Coordination With Indian Tribal Governments (Executive 
Order 13175 and Departmental Policy)

    DOI strives to strengthen its government-to-government relationship 
with Indian Tribes through a commitment to consultation with Indian 
tribes and recognition of their right to self-governance and Tribal 
sovereignty. In accordance with Executive Order 13175 and DOI's 
consultation policy, DOI readily acknowledges its responsibility to 
communicate meaningfully with federally recognized Indian Tribes on a 
government-to-government basis.
    The PRPA and DOI regulations in this rule only apply to Federal 
land, which is defined in the PRPA and the regulations to expressly 
exclude Indian land. 16 U.S.C. 470aaa. Indian land is defined as ``land 
of federally recognized Indian Tribes or Indian individuals which is 
either held in trust by the United States or subject to a restriction 
against alienation imposed by the United States.'' 16 U.S.C. 470aaa. 
Notwithstanding this exclusion in the PRPA and regulations, DOI 
understands that many federally administered lands are ancestral Tribal 
lands that could be impacted by paleontological activities. For this 
reason, DOI prepared a Dear Tribal Leader Letter to formally notify 
Tribal leaders from each of the federally recognized Tribes that the 
proposed rule was forthcoming. DOI distributed the letter in November 
2016, several weeks prior to the publication date of the proposed rule 
in December, to give Tribal leaders sufficient time to familiarize 
themselves with the Act and background material. The letter included 
weblinks to additional resources regarding the development of the 
proposed rule, identified subject matter experts, and invited Tribes to 
contact those experts directly. DOI also notified the National 
Association of Tribal Historic Preservation Officers of the forthcoming 
proposed rule. Two Tribes (the Shingle Springs Band of Miwok Indians 
and the San Carlos Apache) requested to be notified when the proposed 
rule published and were so notified. Two Tribes (Pueblo of San Felipe 
and Santa Clara Pueblo) submitted written comments on the proposed 
rule. In May 2017, DOI officials met with one Tribe (Pueblo of San 
Felipe) that requested consultation to discuss the Tribal implications 
of the proposed rule. Notes from this meeting were shared and verified 
for accuracy with the Tribe. Comments received from Tribes and DOI 
responses and actions taken as a result of those comments are provided 
below and in the comment summaries above.
    Comments from two Tribes expressed concern about the potential 
adverse effects of collection and curation versus in situ preservation 
of paleontological resources. In response to these concerns, the final 
rule (1) conditions the Federal land manager's approval of proposed 
collection on whether the manner of collection would avoid or minimize 
adverse effects to significant natural or cultural resources; and (2) 
conditions the collection of paleontological resources on an 
explanation of how the proposed collection would further 
paleontological knowledge or public education, or management of 
paleontological resources, and on pre-agreement from a proposed 
repository to receive the collection.
    Comments from Tribes also emphasized the importance of maintaining 
the confidentiality of specific location information. In response to 
these concerns, the final rule (1) clarifies that both permittees and 
approved repositories named in the permit are subject to 
confidentiality requirements; and (2) includes a requirement for 
permittees to safeguard collections and related data until the 
collection is deposited in the approved repository named in the permit.
    There is also an opportunity for consultation on individual permit 
applications. The final rule requires that, when DOI receives an 
application for a permit, the Federal land manager evaluate the permit 
application and analyze impacts ``in accordance with applicable laws, 
regulations, and policies.'' See Sec.  49.120. Therefore, the Federal 
Land Manager will evaluate whether the permit issuance would cause a 
significant impact to one or more Tribes and will consult with 
potentially affected Tribes prior to issuing the permit under Executive 
Order 13175.

Paperwork Reduction Act of 1995 (PRA)

    This final rule contains a collection of information that DOI has 
submitted to the Office of Management and Budget (OMB) for review and 
approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). DOI may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number. OMB has reviewed and approved the information 
collection requirements in this rule and assigned OMB Control Number 
1093-0008.
    OMB has reviewed and approved the information collection 
requirements associated with the NPS' application

[[Page 47317]]

and reports for paleontological permits (OMB Control Number 1024-0236).
    This final rule authorizes DOI to collect the following information 
associated with paleontological permits for work on lands administered 
by the BLM, Reclamation, and FWS:
    Paleontology Permit Application (Sec.  49.115). Permit applicants 
proposing to work in areas administered by BLM, Reclamation, or FWS 
must provide the information requested by DI Form 9002 (Paleontology 
Permit Application). Such information includes:
    (1) Applicant's name, affiliation, and contact information.
    (2) Description of the applicant's qualifications to include a 
current resume for the applicant and all other persons who will oversee 
fieldwork and other work, and information on the applicant's past 
performance on previous permits.
    (3) Maps and other location information, and estimated start and 
end dates of proposed work.
    (4) Description, purpose, and methodology of proposed work, 
including a detailed scope of work or research plan for the proposed 
activity, logistical information, methods that will be employed to 
explore for or remove the paleontological resources, proposed content 
and nature of any collection to be made under the permit.
    (5) Information about the proposed repository.
    (6) Description of anticipated costs, including bonding 
information.
    Locality information (Sec.  49.125(a)(1) & (6)). Permittee will 
record locality information on DI Form 9004 (Paleontology Locality 
Record), or in another format approved by the bureau in the permit that 
captures the same information.
    Resource damage or theft (Sec.  49.125(a)(7)). Permittee must 
report suspected or apparent resource damage or theft of 
paleontological or other resources to the Federal land manager as soon 
as possible, but not to exceed 48 hours, after learning of the 
suspected or apparent damage or theft.
    Repository receipt (Sec.  49.125(a)(10) & (11)). Permittee must 
deposit the collection in the approved repository named in the permit 
by the date specified in the permit, and provide the bureau with DI 
Form 9007 (Repository Receipt of Collections (Paleontology)), which 
includes a certification by the permittee that the collection and other 
associated records were transferred to the repository and a 
certification by the approved repository's authorized official that the 
collection was received.
    List and description of paleontological resources (Sec.  
49.125(a)(12)). If the permittee has not transferred the collection to 
the approved repository named in the permit by the date specified in 
the permit, the permittee must provide the Federal land manager a 
complete list and description of all paleontological resources 
collected and the current location of the paleontological resources.
    Reports (Sec.  49.125(a)(14)). Permittees conducting activities on 
lands administered by BLM, Reclamation, or FWS must submit reports to 
the bureaus using DI Form 9006 (Paleontology Permit Report) as a cover 
sheet for researchers' and consultants' permit reports.
    Amendments to permits (Sec.  49.130(a)). Permittees may request a 
modification to a permit. Modification requests will include permittee 
name, permit number, and the reason(s) for the modification request.
    Objecting to a Notice of Violation (Sec.  49.515(a) & (b)). When a 
person receives a notice of violation, the person has 30 days from the 
date the notice was received to object by submitting to the Federal 
land manager documentation to support the position that the person did 
not commit a violation or that the proposed penalty should be reduced 
or eliminated.
    Responding to a civil penalty (Sec.  49.535(a) & (b)). A person may 
request a hearing on the Federal land manager's final assessment of a 
civil penalty by filing a request for hearing via registered or 
certified mail (return receipt requested or other delivery service 
method, delivery receipt requested) to the Departmental Cases Hearings 
Division, Office of Hearings and Appeals, Department of the Interior, 
at the address specified in the final assessment of civil penalty, or 
by electronic means in accordance with an OHA Standing Order which is 
available on OHA's website at the web address specified in the final 
assessment of civil penalty. The request for hearing must include the 
following information:
    (1) The reasons for challenging the final assessment;
    (2) The relief sought and the basis for the relief;
    (3) A copy of the notice of civil violation and proposed civil 
penalty assessment;
    (4) A copy of any objection and supporting documentation filed 
under Sec.  49.515(a) & (b);
    (5) A copy of the final assessment of civil penalty; and
    (6) A certificate of service acknowledging service of the request 
for hearing with the accompanying documentation on the Office of the 
Solicitor.
    Title: Application and Reports for Paleontological Permits, 43 CFR 
part 49.
    OMB Control No.: 1093-0008.
    Form Number(s): Forms DI-9002, DI-9003, DI-9004, DI-9005, DI-9006, 
and DI-9007.
    Type of Review: New.
    Description of Respondents: Individuals; organizations; businesses 
(museums and universities); State, Tribal, or local governments that 
collect paleontological resources or disturb paleontological sites on 
DOI lands.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Estimated Nonhour Cost Burden: None.

----------------------------------------------------------------------------------------------------------------
                                                                                       Completion       Total
                                                                           Total        time per        annual
                              Requirement                                  annual       response        burden
                                                                         responses       (hours)        hours
----------------------------------------------------------------------------------------------------------------
Permit Application--DI-9002-Sec.   49.115; DI-9003-Sec.   49.125(a);            440               4        1,760
 DI-9005-Sec.   49.125(d).............................................
Locality Information--DI-9004-Sec.   49.125(a)(1)&(6).................          300               1          300
Report Resource Damage or Theft--Sec.   49.125(a)(7)..................           50               1           50
Repository Receipt--DI-9007-Sec.   49.125(a)(10)&(11).................          300               1          300
List and Description of Paleontological Resources--Sec.                         100               1          100
 49.125(a)(12)........................................................
Permit Report--DI-9006, Sec.   49.125(a)(14)..........................          440               5        2,200
Request Amendment to Permit--Sec.   49.130(a).........................          200               1          200
Objecting to a Notice of Violation--Sec.   49.515(a)&(b)..............           10              10          100
Responding to a Civil Penalty--Sec.   49.535(a)&(b)...................            5              10           50
                                                                       -----------------------------------------
    Totals............................................................        1,845  ..............        5,060
----------------------------------------------------------------------------------------------------------------


[[Page 47318]]

    A proposed rule, soliciting comments on this collection of 
information for 30 days, was published on December 7, 2016 (81 FR 
88173). Of the 1,611 comments received on the proposed rulemaking, 4 
comments were related to the information collection and associated 
forms. A summary of those comments and our responses are as follows:
    Comment: Three commenters asked the bureaus to make permitting more 
consistent by adopting the same Paleontology Permit Application (Form 
DI-9002) across all bureaus, instead of having the NPS continue to use 
its existing permit request system.
    Response: The NPS uses an online permit system (called the Research 
Permit and Reporting System) that requires the same information that is 
collected by Form DI-9002, so applicants for a paleontology permit 
should not see a difference in the time it takes to request a permit.
    Comment: Three commenters expressed apprehension that the Federal 
land manager might require more information on the Form DI-9002 than is 
possible to provide, such as, (1) the exact location where collection 
will occur during a survey; or, (2) be required to provide a detailed 
list of fossil taxa that will be recovered.
    Response: The information that an applicant provides on a permit 
application is necessary so that the Federal land manager can identify 
the extent and nature of work and its potential impacts. Permit 
applicants and the Federal land manager need to communicate with each 
other so that each may understand the specific needs of, or seek 
clarification from, the other.
    Comment: One commenter asked whether a copy of the Notice to 
Proceed (Paleontology) (Form DI-9005) should be submitted with a permit 
report.
    Response: Copies of DI Form 9005 should be provided in all reports, 
especially final permit reports.
    Comment: Two commenters asked that the Repository Receipt for 
Collections (Form DI-9007) be provided to the bureaus by the permittee, 
not the repository, as this is a permit responsibility and should not 
create a separate burden for the repository.
    Response: The bureaus agree. Submission of Form DI-9007 has always 
been, and will continue to be, the responsibility of the permittee. 
Copies of Form DI-9007 should be shared with the repository, but it is 
not the repository's responsibility to produce or submit the form.
    In summary, DOI accepted all comments pertaining to information 
collection from the public and incorporated them into the final 
rulemaking and forms. In addition, DOI reviewed all aspects of the 
forms and made a number of changes for clarity or made revisions where 
duplication was found. As a result, some of the form numbers have 
changed. To note, Forms DI-9005 and DI-9006 in the proposed rule were 
consolidated into one form, now Form DI-9006, Paleontology Permit 
Report, to be used as a cover sheet. Instructions for all forms were 
rewritten to align with the revisions to the forms. A table summarizing 
the form changes from the notice of proposed rule stage to the final 
rule follows:

                  Table Summarizing the DI Form Changes
------------------------------------------------------------------------
  Notice of proposed rulemaking (12/7/    Final rule: Changes to DI form
     2016) DI form Nos. and titles               Nos. and titles
------------------------------------------------------------------------
9002--Paleontological Resource Use       9002--Paleontology Permit
 Permit Application.                      Application.
9003--Paleontological Resource Use       9003--Paleontology Permit.
 Permit.
9004--Paleontological Locality Form....  9004--Paleontology Locality
                                          Record.
9005--Paleontological Permit Report      9005--Notice to Proceed
 Cover Sheet.                             (Paleontology).
9006--Paleontology Consulting Report     9006--Paleontology Permit
 Cover Sheet.                             Report Cover Sheet.
9007--Paleontology Work Notice to        9007--Repository Receipt of
 Proceed.                                 Collections (Paleontology).
9008--Repository Receipt for             ...............................
 Collections (Paleontology).
------------------------------------------------------------------------

    One additional change to the information collection is the deletion 
of the requirement to notify the bureaus of a change of personnel 
(previously referenced as Sec.  49.75(a)(2), Change of Personnel in the 
proposed rule). Permit applicants are already required to submit the 
names and credentials of all individuals who will be responsible for 
supervising or conducting work under the permit when they apply for a 
permit. Burden hours and responses have been adjusted to acknowledge 
the deletion of this requirement. This final rule, at 43 CFR part 49, 
includes the updated information collection requirements for managing 
paleontological resources on DOI lands.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, DOI invites the public and other Federal agencies to comment 
on any aspect of this information collection, including:
    (1) Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
respondents.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function. Please provide a 
copy of your comments to the Departmental Information Collection 
Clearance Officer, Office of the Secretary/Office of the Chief 
Information Officer, 1849 C Street NW, Washington, DC 20240. Please 
reference OMB Control Number 1093-0008 in the subject line of your 
comments.''

The Privacy Act of 1974 (5 U.S.C. 552)

    Records for the Paleontological Resources Preservation Act are 
maintained in a system of record. Pursuant to the provisions of the 
Privacy Act of 1974 (5 U.S.C. 552a), DOI is issuing a public notice in 
the Federal Register of its intent to create the Privacy Act system of 
records titled, INTERIOR/DOI-20, Paleontological Resources Preservation 
System.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. DOI has determined that this rule will not 
have substantial direct effects on energy supply, distribution, or use, 
including a shortfall in supply or price increase. The rule has no 
bearing on energy development and will have no effect on the volume or 
consumption

[[Page 47319]]

of energy supplies. A Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule is categorically excluded from National Environmental 
Policy Act analysis under DOI categorical exclusion, 43 CFR 46.210(i), 
which covers ``Policies, directives, regulations, and guidelines: that 
are of an administrative, financial, legal, technical, or procedural 
nature; or whose environmental effects are too broad, speculative, or 
conjectural to lend themselves to meaningful analysis and will later be 
subject to the NEPA process, either collectively, or case-by-case.''
    The categorical exclusion is appropriate and applicable for the 
following reasons. Several of the provisions of this rule are 
specifically administrative, financial, legal, or procedural in nature, 
and therefore are subject to the first part of the categorical 
exclusion. For instance, the provisions for permit modification, 
suspension, revocation, or cancellation are all administrative or 
procedural in character, as are the rule's provisions establishing 
procedures to challenge any of these decisions. Similarly, the rule 
sets forth specifics of the administration of civil and criminal 
penalties associated with violation of the provisions of the rule and 
of PRPA.
    Both the establishment of the permit system, and future decisions 
to close lands to casual collecting (and, conversely, to open lands to 
casual collecting where that use is not already authorized) are subject 
to the second part of the categorical exclusion. Issuance of a permit 
(whether programmatic or individual in scope) for the collection of 
paleontological resources itself requires agency compliance with NEPA. 
Moreover, a permit must contain permit conditions, supported by 
appropriate NEPA analysis, that ensure the underlying project or action 
will continue to meet regulatory requirements throughout the entire 
duration of the permit. Likewise, any decision to close or open lands 
to casual collecting also requires agency compliance with NEPA and may 
contain conditions, supported by appropriate NEPA analysis, that ensure 
the appropriate management of these resources. Because the 
environmental effects of this rule are too speculative and conjectural 
to lend themselves to meaningful analysis, and the environmental 
consequences of any of these decisions will later be subject to the 
NEPA process at the time the permit application or proposed opening or 
closing to casual collecting is evaluated and before a decision is 
made, the rule is subject to the second part of DOI categorical 
exclusion, 43 CFR 46.210(i).
    Pursuant to 43 CFR 46.205(c), DOI has reviewed its reliance upon 
this categorical exclusion against the list of extraordinary 
circumstances, at 43 CFR 46.215, and has found that none applies to 
this rule. Therefore, neither an environmental assessment (EA) nor an 
environmental impact statement (EIS) is required for this rulemaking.
    Even though neither an EA nor an EIS must be prepared for this 
rule, the BLM elected to prepare an EA to inform decision-makers 
regarding the possible effects of two specific provisions as applied to 
the public lands BLM manages, as allowed under DOI's regulations 
implementing NEPA, 43 CFR 46.300(b)(1). BLM-administered lands are open 
to casual collection of paleontological resources unless specifically 
closed by a site-specific decision. As such, casual collection has been 
and will continue to occur on certain public lands.
    PRPA provides specific authority and limits under which this 
activity can take place. In particular, PRPA allows for ``casual 
collecting,'' which is defined as ``the collecting of a reasonable 
amount of common invertebrates 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'' (Pub. L. 111-11, section 6301(1), 
123 Stat. 1172), and specifies that the Secretary of the Interior is to 
determine how these terms are to be defined. The rule's definitions for 
``negligible disturbance'' and ``reasonable amount'' describe the 
conditions limiting any casual collection activities on certain public 
lands managed by the BLM. The BLM prepared an EA for these definitions. 
The EA may be found at www.blm.gov/paleontology.

Drafting Information

    This rule reflects the efforts of staff in BLM, Reclamation, FWS, 
NPS, and OHA. This action is taken pursuant to delegated authority.

List of Subjects

36 CFR Part 2

    Environmental protection, National parks, Reporting and 
recordkeeping requirements.

43 CFR Part 49

    Casual collecting, Civil penalties, Collecting, Commercial value, 
Confidentiality, Criminal penalties, Curation, Museums, Natural 
resources, Paleontological resources, Paleontology, Permits, Prohibited 
acts, Prohibitions, Public awareness, Public education, Recreation, 
Reporting and recordkeeping requirements, Repository, Research, 
Scientific principles, Scientific value.

43 CFR Part 8360

    Penalties, Public lands, Recreation activities, Recreation and 
recreation areas.

50 CFR Part 27

    Wildlife refuges.

    For reasons stated in the preamble, the Department of the Interior 
amends title 36 of the CFR by amending part 2, title 43 of the CFR by 
adding part 49 and amending part 8360, and title 50 of the CFR by 
amending part 27, as set forth below:

TITLE 36: PARKS, FORESTS, AND PUBLIC PROPERTY

PART 2--RESOURCE PROTECTION, PUBLIC USE AND RECREATION

0
1. The authority citation for part 2 continues to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102.


0
2. Amend Sec.  2.1 by revising the note at the end of the section to 
read as follows:


Sec.  2.1  Preservation of natural, cultural and archeological 
resources.

* * * * *
    Note 1 to Sec.  2.1
    The Secretary's regulations concerning archeological resources are 
found in 43 CFR part 3. The regulations concerning paleontological 
resources are found in 43 CFR part 49.

0
3. Amend Sec.  2.5 by revising the note at the end of the section to 
read as follows:


Sec.  2.5  Research specimens.

* * * * *
    Note 1 to Sec.  2.5
    The Secretary's regulations on the preservation, use, and 
management of fish and wildlife are found in 43 CFR part 24. The 
regulations concerning archeological resources are found in 43 CFR part 
3. The regulations concerning paleontological resources are found in 43 
CFR part 49.

TITLE 43: PUBLIC LANDS: INTERIOR

Subtitle A--Office of the Secretary of the Interior

0
4. Add part 49 to title 43 to read as follows:

[[Page 47320]]

PART 49--PALEONTOLOGICAL RESOURCES PRESERVATION

Subpart A--Preserving, Managing, and Protecting Paleontological 
Resources
Sec.
49.1 What does this part do?
49.5 What terms are used in this part?
49.10 Does this part affect existing authorities?
49.15 When does this part not apply?
49.20 Does this part create new rights or entitlements?
49.25 What information concerning the nature and specific location 
of paleontological resources is confidential?
49.30 How will the bureaus conduct inventory, monitoring, and 
preservation activities?
49.35 How will the bureaus foster public education and awareness?
49.40 May the bureaus restrict access to an area?
Subpart B--Paleontological Resources Permitting; Requirements, 
Modifications, and Appeals
49.100 When is a permit required to collect paleontological 
resources on Federal land?
49.105 Who can receive a permit?
49.110 What are permit applicant qualification requirements?
49.115 Where must a permit application be filed and what information 
must it include?
49.120 How will a bureau make a decision about a permit application?
49.125 What terms and conditions will a permit contain?
49.130 When and how may a permit be modified, suspended, revoked, or 
cancelled?
49.135 Can a permit-related decision be appealed?
49.140 What is the process for appealing a permit-related decision?
49.145 Has OMB approved the information collection provisions of 
this part?
Subpart C--Management of Paleontological Resource Collections
49.200 Where are collections deposited?
49.205 What are the requirements for approving a repository to 
receive a collection?
49.210 What terms and conditions must agreements between the bureau 
and approved repository contain?
49.215 What are the standards for managing the collections?
Subpart D--Prohibited Acts
49.300 What acts are prohibited?
Subpart E--Criminal Penalties
49.400 What criminal penalties apply to violations of this part?

Subpart F--Civil Penalties

49.500 When can the Federal land manager assess a civil penalty?
49.505 When and how does the Federal land manager serve a notice of 
violation?
49.510 What is included in the notice of violation?
49.515 How is an objection to a notice of violation and proposed 
civil penalty made and resolved?
49.520 When will the Federal land manager issue a final assessment 
of civil penalty?
49.525 How will the Federal land manager calculate the amount of a 
proposed and final assessment of civil penalty?
49.530 How will the Federal land manager issue the final assessment 
of civil penalty?
49.535 What are the options and timeframe to respond to the final 
assessment of civil penalty?
49.540 What procedures govern the DCHD hearing process initiated by 
a request for hearing on the final assessment?
49.545 What will be included in the administrative law judge's 
decision?
49.550 How can the administrative law judge's decision be appealed?
49.555 What procedures govern an appeal of an administrative law 
judge's decision?
49.560 When must the civil penalty be paid?
49.565 When may a person assessed a civil penalty seek judicial 
review?
49.570 What happens if a civil penalty is not paid on time?
49.575 How will collected civil penalties be used?
Subpart G--Determining Scientific Value, Commercial Value, and the Cost 
of Response, Restoration, and Repair
49.600 How is ``scientific value'' determined for criminal and civil 
penalties?
49.605 How is ``commercial value'' determined for criminal and civil 
penalties?
49.610 How is the ``cost of response, restoration, and repair'' 
determined for criminal and civil penalties?
Subpart H--Forfeiture and Rewards
49.700 Will a violation lead to forfeiture of a paleontological 
resource?
49.705 What rewards may bureaus pay to those who assisted in 
enforcing this part?
Subpart I--Casual Collection of Common Invertebrate or Plant 
Paleontological Resources on Bureau of Land Management and Bureau of 
Reclamation Administered Lands
49.800 Is casual collecting allowed on lands administered by NPS or 
FWS?
49.805 Where is casual collecting allowed?
49.810 What is casual collecting?

    Authority: 16 U.S.C. 470aaa-aaa-11.

Subpart A--Preserving, Managing, and Protecting Paleontological 
Resources


Sec.  49.1  What does this part do?

    This part:
    (a) Directs the Bureau of Land Management (BLM), Bureau of 
Reclamation (Reclamation), U.S. Fish and Wildlife Service (FWS), and 
National Park Service (NPS) (collectively referred to as ``the 
bureaus'') to preserve, manage, and protect paleontological resources 
on Federal land using scientific principles and expertise;
    (b) Coordinates paleontological resources management among the 
bureaus;
    (c) Promotes public awareness; provides for collection under 
permit; clarifies that paleontological resources cannot be collected 
from Federal land for sale or purchase; establishes civil and criminal 
penalties; sets curation standards; and
    (d) Authorizes casual collecting of common invertebrate and plant 
paleontological resources from certain BLM-administered land and 
certain Reclamation-administered land.


Sec.  49.5  What terms are used in this part?

    The terms used in this part have the following definitions.
    Act means title VI, subtitle D of the Omnibus Public Land 
Management Act on Paleontological Resources Preservation (16 U.S.C. 
470aaa-470aaa-11).
    Ad Hoc Board means an Ad Hoc Board of Appeals appointed by the 
Director, Office of Hearings and Appeals, Department of the Interior.
    Approved repository means a Federal or non-Federal facility that 
provides for the curation of paleontological resources and that is 
approved by the Federal land manager to receive collections made under 
this part.
    Associated records means original records or copies thereof, 
regardless of format, that include but are not limited to:
    (1) Primary records relating to identification, evaluation, 
documentation, study, preservation, context, or recovery of a 
paleontological resource;
    (2) Public records including, but not limited to, land status 
records, bureau reports, publications, court documents, and agreements; 
and
    (3) Administrative records and reports generated during the 
permitting process that pertain to survey, excavation, or study of the 
paleontological resource.
    Bureau means Bureau of Land Management (BLM), Bureau of Reclamation 
(Reclamation), U.S. Fish and Wildlife Service (FWS), or National Park 
Service (NPS).
    Collection means paleontological resources that are removed from 
Federal land under the provisions of this part, and associated records.
    Consumptive analysis means the alteration or destruction of a 
paleontological specimen or portion of a specimen for scientific 
research.
    Cost of response, restoration, and repair means the costs to 
respond to a

[[Page 47321]]

violation of the provisions of this part or a permit issued under this 
part and the costs of restoration and repair of the paleontological 
resources or paleontological sites damaged as a result of the 
violation. Those costs are described in greater detail in Sec.  49.610.
    Curation means those activities pertinent to management and 
preservation of a collection over the long term according to 
professional museum and archival practices, including at a minimum:
    (1) Accessioning, cataloging, labeling, and inventorying a 
collection;
    (2) Identifying, evaluating, and documenting a collection;
    (3) Storing and maintaining a collection using appropriate methods 
and containers, and under appropriate environmental conditions and 
physical security controls;
    (4) Periodically inspecting a collection and taking such actions as 
may be necessary to preserve it;
    (5) Providing access and facilities to study a collection;
    (6) Handling, cleaning, sorting, and stabilizing a collection in 
such a manner as to preserve it; and
    (7) Lending a collection, or parts thereof, for scientific, 
educational or preservation purposes.
    Day means a 24-hour calendar day.
    DCHD means the Departmental Cases Hearings Division, Office of 
Hearings and Appeals, Department of the Interior.
    Department or DOI means the Department of the Interior.
    Deposit means placing a collection in an approved repository.
    Federal land means land controlled or administered by the Secretary 
of the Interior, except for Indian land.
    Federal land manager means the bureau personnel who implement the 
Act. Each bureau may have multiple Federal land managers. For 
paleontological resources from lands administered by BLM, ``Federal 
land manager'' is synonymous with ``authorized officer.'' Federal land 
managers draw upon appropriate scientific and technical expertise to 
make decisions and take actions.
    Fossilized means evidence or remains of once-living organisms 
preserved by natural processes, such as burial in accumulated 
sediments, preserved in ice or amber, permineralized, or replaced by 
minerals, which may or may not alter the original organic content.
    Indian land means land of federally recognized Indian Tribes or 
Indian individuals which is either held in trust by the United States 
or subject to a restriction against alienation imposed by the United 
States.
    Nature means features, characteristics, or attributes of the 
paleontological resource.
    OHA means the Office of Hearings and Appeals, DOI.
    OHA Director means the Director, Office of Hearings and Appeals, 
DOI.
    Paleontological resource means any fossilized remains, traces, or 
imprints of organisms preserved in or on the Earth's crust, except for:
    (1) Those that are found in an archaeological context and are an 
archaeological resource as defined in section 3(1) of the 
Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); 
or
    (2) ``Cultural items,'' as defined in section 2 of the Native 
American Graves Protection and Repatriation Act (25 U.S.C. 3001); or
    (3) Resources determined in writing by the Federal land manager to 
lack paleontological interest or not provide information about the 
history of life on earth, based on scientific and other management 
considerations.
    Paleontological site means a locality, location, or area where a 
paleontological resource is found; the site can be relatively small or 
large.
    Preparation means separation of paleontological resources from 
entombing matrix.
    Specific location means any description or depiction of a place in 
such detail that it would allow a person to find a paleontological 
resource or the site from which it was collected.
    State means one of the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, or any other territory or possession of 
the United States.
    Working collection means collections that, while still Federal 
property, are not intended for long-term preservation and care as 
museum property since they do not further paleontological knowledge, 
public education, or management of paleontological resources. Working 
collections are intended for use during education or ongoing research 
and may be consumed during the analysis process according to bureau 
policy. Some specimens and items may subsequently be designated museum 
property. Working collections may be discarded when it is determined 
there is no longer a need for the collection for future research or 
education or upon completion of the ongoing research according to 
standards set in bureau policy.


Sec.  49.10  Does this part affect existing authorities?

    No. This part preserves the authority of the Secretary of the 
Interior and the bureaus under this and other laws and regulations to 
preserve, manage, and protect paleontological resources on Federal 
land.


Sec.  49.15  When does this part not apply?

    (a) The regulations in this part do not invalidate, modify, or 
impose additional restrictions or permitting requirements on mineral, 
reclamation, or related multiple-use activities which the Department or 
a bureau may authorize or for which permits may be issued under the 
general mining, mineral leasing, geothermal leasing, or mineral 
materials disposal laws.
    (b) The regulations in this part do not apply to Indian land.
    (c) The regulations in this part do not apply to any land other 
than Federal land as defined in this part, or resources other than 
paleontological resources as defined in this part.
    (d) On lands administered by BLM or Reclamation, the following are 
not subject to this part:
    (1) Fossilized minerals, including coal, oil shale, bitumen, 
lignite, asphaltum, tar sands, and other economic minerals that are 
subject to existing mining or mineral laws and geological units and 
industrial minerals, including, but not limited to, phosphate, 
limestone, diatomaceous earth, coquina, chalk beds, and paleosols. 
However, paleontological resources that occur within in these units may 
be subject to this part;
    (2) Petrified wood, defined at 30 U.S.C. 611.
    (3) Conodonts.


Sec.  49.20  Does this part create new rights or entitlements?

    (a) This part does not 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.
    (b) Only an officer or employee of the United States acting in that 
capacity has standing to file a civil action in a court of the United 
States to enforce this part.


Sec.  49.25  What information concerning the nature and specific 
location of paleontological resources is confidential?

    (a) Information concerning the nature and specific location of a 
paleontological resource is exempt from disclosure under the Freedom of 
Information Act and any other law unless the Federal land manager 
determines that the disclosure would:
    (1) Further the purposes of the Act;
    (2) Not create risk of harm to or theft or destruction of the 
resource or site containing the resource; and
    (3) Be in accordance with other applicable laws.

[[Page 47322]]

    (b) The Federal land manager may define bureau-specific 
confidentiality requirements that are consistent with paragraphs (a)(1) 
through (3) of this section.
    (c) Information that is shared with a contractor, permittee, 
repository, or other partner in furtherance of the Act is not 
considered an official public disclosure for purposes of the Freedom of 
Information Act.


Sec.  49.30  How will the bureaus conduct inventory, monitoring, and 
preservation activities?

    (a) The bureaus will develop plans and procedures for the inventory 
and monitoring of paleontological resources on and from Federal land in 
accordance with applicable laws and regulations.
    (b) The bureaus will preserve, manage, and protect paleontological 
resources on and from Federal land using scientific principles and 
expertise.
    (c) Activities under paragraphs (a) and (b) of this section will be 
coordinated with other agencies, non-Federal partners, the scientific 
community, and the general public where appropriate and practicable.


Sec.  49.35  How will the bureaus foster public education and 
awareness?

    The bureaus will establish programs to increase public awareness 
about the significance of paleontological resources on or from Federal 
land. This effort will be coordinated with other agencies, non-Federal 
partners, the scientific community, and the general public where 
appropriate and practicable.


Sec.  49.40  May the bureaus restrict access to an area?

    (a) The Federal land manager may restrict access to an area or 
close areas to collection of paleontological resources to protect 
paleontological or other resources or to provide for public safety.
    (b) The regulations in this part do not preclude the use of other 
authorities that provide for area restrictions or closures on Federal 
land.

Subpart B--Paleontological Resources Permitting; Requirements, 
Modifications, and Appeals


Sec.  49.100  When is a permit required to collect paleontological 
resources on Federal land?

    (a) A permit is required for any person to collect paleontological 
resources, except as allowed in provisions in subpart I of this part.
    (b) A permit may be required by a Federal land manager for 
paleontological research or paleontological consulting activities that 
do not involve collection.
    (c) A permit is required for Federal Government personnel, agents, 
or contractors to collect paleontological resources unless the bureau 
authorizes the action by programmatic or other means.


Sec.  49.105  Who can receive a permit?

    (a) Applicants who demonstrate that they meet the qualification 
requirements described in Sec.  49.110, who provide a complete 
application as described in Sec.  49.115, and whose proposed activity 
meets the issuance criteria described in Sec.  49.120 may receive a 
permit.
    (b) Persons who do not meet the qualification requirements 
described in Sec.  49.110, who do not provide a complete application as 
described in Sec.  49.115, or whose proposed activity does not meet the 
issuance criteria described in Sec.  49.120 will not receive a permit. 
However, they can perform work under an issued permit when 
appropriately supervised by a permittee.


Sec.  49.110  What are permit applicant qualification requirements?

    (a) Permit applicant qualification requirements include:
    (1) A degree from an accredited institution in a field of study 
relevant to paleontology, or demonstration of progress toward an 
advanced degree from an accredited institution in a field of study 
relevant to paleontology, or demonstrated training and experience 
commensurate to the nature and scope of the proposed activities;
    (2) Experience in collecting, analyzing, summarizing, and reporting 
paleontological data, and preparing collections for long-term care; and
    (3) Experience in equipping, staffing, organizing, conducting, and 
supervising fieldwork similar to the type, nature, and scope of the 
project proposed in the application.
    (b) Past performance by the applicant will be considered. Past 
performance includes compliance with previous permits, relevant civil 
or criminal violations, or current indictments or charges.


Sec.  49.115  Where must a permit application be filed and what 
information must it include?

    (a) A permit applicant must submit an application to the bureau 
that administers the Federal land where the proposed activity would be 
conducted. It is the permit applicant's responsibility to determine 
which bureau has jurisdiction, use that bureau's permit application 
form and process, and respond to that bureau's requests for information 
in a timely manner.
    (b) Required information includes:
    (1) The applicant's name, affiliation, and contact information.
    (2) A current resume for the applicant and all other persons who 
oversee work under the permit, and any additional information 
demonstrating that the applicant possesses the qualifications required 
by Sec.  49.110.
    (3) A description, proposed start and end dates, and maps and other 
location information for the proposed work.
    (4) Purpose, methods, and need for the proposed work, a scope of 
work or research plan, duration of the proposed work, logistical 
information, description of any paleontological resource collections 
that may be made under the permit, description of any existing 
collections known to have originated in this area, timetable for 
transfer to the proposed repository, and any additional information 
that will help the federal land manager identify the extent, nature, 
and potential impacts of the proposal.
    (5) Bonding information, if required by the bureau.
    (6) Name, location, and contact information of a proposed 
repository that agrees to receive the collection made under the permit.
    (7) Anticipated costs of the permitted activity, including 
paleontological resource preparation and curation, and identification 
of the persons or organizations that will be responsible for these 
costs if the permit is approved;
    (8) List of the applicant's past permits and record of compliance 
and non-compliance.
    (9) An explanation of how the proposed collection would further 
paleontological knowledge or public education, or management of 
paleontological resources.


Sec.  49.120  How will a bureau make a decision about a permit 
application?

    (a) The Federal land manager will evaluate the permit application 
and analyze impacts in accordance with applicable laws, regulations, 
and policies.
    (b) The Federal land manager may issue a permit upon determining 
that:
    (1) The applicant possesses the qualifications required by Sec.  
49.110;
    (2) The permitted activity and any collection that would be made 
under the proposed permit would further paleontological knowledge, 
public education, or management of paleontological resources;
    (3) The permitted activity would be consistent with the purpose and 
management objectives defined for the Federal land;
    (4) The permitted activity would be conducted in a manner that 
would

[[Page 47323]]

avoid or minimize adverse effects to significant natural or cultural 
resources; and
    (5) An approved repository has confirmed in writing that it is 
willing to accept the collection in accordance with the terms and 
conditions in the permit.


Sec.  49.125  What terms and conditions will a permit contain?

    (a) Permit terms and conditions will include but are not limited 
to:
    (1) Permittee and the approved repository named in the permit must 
not release, disclose, or share information about the specific location 
of paleontological resources unless the Federal land manager determines 
that the release, disclosure, or sharing is consistent with applicable 
policy.
    (2) Permittee is responsible for maintaining a safe and secure 
paleontological site and for protecting paleontological and other 
resources from harm resulting from the work under the permit. Permittee 
is responsible for the actions of all persons working under the permit 
or invited by permittee to the site.
    (3) Permittee, or a designee approved by the Federal land manager 
and named on the permit, must be onsite at all times when fieldwork is 
in progress and have a copy of the signed permit on hand.
    (4) Permittee must comply with all vehicle or access restrictions, 
safety or environmental restrictions, local safety conditions or 
restrictions, and applicable Federal, State, and local laws.
    (5) Permittee must acknowledge that the geographic area within the 
scope of the permit may be subject to other uses, and will take steps 
to avoid or minimize potential conflicts with such uses.
    (6) Permittee will record specific location according to bureau 
requirements or permit terms and conditions.
    (7) Permittee must report suspected or apparent resource damage or 
theft of paleontological or other resources to the Federal land manager 
as soon as possible, but not to exceed 48 hours after learning of the 
suspected or apparent damage or theft.
    (8) Permittee must safeguard all paleontological resources 
collected under the permit and related data from the time of initial 
recovery until the collection is deposited with the approved repository 
named in the permit.
    (9) Permittee acknowledges that all paleontological resources 
collected under the permit are Federal property.
    (10) Permittee must deposit the collection in the approved 
repository named in the permit by the date specified in the permit and 
provide the bureau with a receipt for collections signed by an 
appropriate repository official who is not the permittee.
    (11) A copy of the permit and other associated records must be kept 
with the collection during transport and provided to the approved 
repository named in the permit.
    (12) If the permittee has not transferred the collection to the 
approved repository named in the permit by the date specified in the 
permit, the permittee must provide the Federal land manager a complete 
list and description of all paleontological resources collected and the 
current location of the paleontological resources.
    (13) Permittee is responsible for the costs of the permitted 
activity, including fieldwork, data analysis, specimen preparation, 
report preparation, and initial curation of the collection and its 
associated records unless otherwise addressed in a separate written 
document.
    (14) Permittees must submit annual reports, other reports, and 
copies of publications resulting from the collections made under the 
permit to the Federal land manager in accordance with bureau format and 
deadlines.
    (15) Permittee must acknowledge the permitting bureau and the 
approved repository named in the permit in any report, publication, 
paper, news article, film, television program, or other media resulting 
from the work performed under the permit.
    (16) The permit cannot be transferred.
    (b) A permittee must continue to comply with the permit's terms and 
conditions in the event of permit modification, suspension, 
cancellation, revocation, or expiration unless specified otherwise by 
the Federal land manager.
    (c) The Federal land manager may include in the permit additional 
terms and conditions necessary to carry out the purposes of this part, 
including a bond where warranted.
    (d) For activities approved on lands administered by BLM or 
Reclamation, the Federal land manager may provide permittees with a 
notice to proceed, which contains site-specific guidance and 
stipulations for the permittee.
    (e) Persons who do not comply with the terms of a permit issued 
under this part may be subject to permit modification, suspension, 
revocation, and/or civil or criminal penalties.


Sec.  49.130  When and how may a permit be modified, suspended, 
revoked, or cancelled?

    (a) Modification. The Federal land manager may modify a permit at 
the permittee's request; or when resource, safety, or other 
administrative or management reasons make permit modification 
appropriate; or when there is a violation or a potential violation of a 
term or condition of a permit issued under this part.
    (b) Suspension. The Federal land manager may suspend for up to 45 
days activities under the permit when resource, safety, or other 
administrative or management reasons make permit suspension 
appropriate, or when the permittee violates a term or condition of the 
permit. If the issue prompting suspension is not resolved within the 
45-day period, the Federal land manager may modify, revoke, or cancel 
the permit as appropriate to the specific circumstance.
    (c) Revocation. The Federal land manager may revoke a permit when 
the permittee violates a term or condition of a permit, is later found 
to be ineligible for the permit, or fails to take the actions necessary 
for ending a suspension. The Federal land manager will revoke a permit 
immediately if any person working under the authority of the permit is 
convicted of a criminal offense under this part or assessed a civil 
penalty under this part.
    (d) Cancellation. The Federal land manager may cancel a permit when 
the permittee requests cancellation, or when resource, safety, or other 
administrative or management reasons make permit cancellation 
appropriate. Cancellation of a permit does not imply fault on the part 
of the permittee.
    (e) Notification of modification, suspension, revocation, or 
cancellation. (1) The Federal land manager will notify the permittee of 
the modification, suspension, revocation, or cancellation verbally or 
in writing. The Federal land manager will, as soon as practicable, 
confirm a verbal notification with a written notification. A written 
notification will be served on the permittee by certified mail, return 
receipt requested, or another verifiable delivery method, and will 
explain the reason for the modification, suspension, revocation, or 
cancellation.
    (2) In the case of a suspension, the written notification will also 
include the conditions or actions necessary for ending the suspension; 
the anticipated duration of the suspension or schedule for resolution 
of the conditions that led to the suspension; and a statement that the 
permit will be modified, revoked, or

[[Page 47324]]

cancelled if the conditions that led to the suspension are not 
resolved.
    (3) The written notification will inform the permittee how to 
appeal the modification, revocation, suspension, or cancellation.
    (f) A modification, suspension, revocation, or cancellation is in 
full force and effective immediately upon the permittee's receipt of 
the written notification of the modification, suspension, revocation, 
or cancellation.


Sec.  49.135  Can a permit-related decision be appealed?

    Yes. Permit applicants and permittees may appeal the denial of a 
permit application, and the modification, suspension, revocation, or 
cancellation of an issued permit.


Sec.  49.140  What is the process for appealing a permit-related 
decision?

    A permit-related decision may be appealed using processes defined 
by the issuing bureau.
    (a) Permit-related decisions by BLM may be appealed to the Interior 
Board of Land Appeals under the process explained at 43 CFR 4.400 
through 4.438.
    (b) Permit-related decisions by FWS may be appealed under the 
process explained at 50 CFR 36.41(i).
    (c) Permit-related decisions by Reclamation may be appealed under 
the process used for other types of scientific research and collecting 
permits issued by Reclamation, which will be specified in writing in 
the permit-related decision.
    (d) Permit-related decisions by NPS may be reconsidered under the 
process used for other types of scientific research and collecting 
permits issued by NPS, which will be specified in writing in the 
permit-related decision.


Sec.  49.145  Has OMB approved the information collection provisions of 
this part?

    BLM, Reclamation, NPS, and FWS use the information collected under 
this part to manage and protect paleontological resources on and from 
Federal land. The Office of Management and Budget (OMB) reviewed and 
approved the information collection requirements contained in this part 
and assigned OMB Control No. 1093-0008. OMB has approved the 
information collection requirements for the NPS Research Permit and 
Reporting System, which includes paleontological permits, and assigned 
OMB Control No. 1024-0236. A Federal agency may not conduct or sponsor 
and you are not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

Subpart C--Management of Paleontological Resource Collections


Sec.  49.200  Where are collections deposited?

    (a) A collection from Federal land made pursuant to a permit issued 
under this part will be deposited in a repository approved to receive 
the collection.
    (b) The curation of paleontological resources collected from 
Federal land before September 1, 2022 is governed by the terms and 
conditions of the original collection permit or agreement, rather than 
by this part.
    (c) The Federal land manager, in coordination with the permittee 
and repository staff, will ensure that the specimens in the collection 
that further paleontological knowledge, public education, or management 
of paleontological resources are curated in the approved repository. 
Specimens that do not further paleontological knowledge, public 
education, or management of paleontological resources may be placed in 
working collections or disposed of as determined by the Federal land 
manager in coordination with appropriate subject matter experts.


Sec.  49.205  What are the requirements for approving a repository to 
receive a collection?

    (a) The bureaus may approve a repository if:
    (1) Repository has facilities and staff that provide curation as 
defined in this part;
    (2) Repository has a scope of collections statement or similar 
policy document that demonstrates the repository's willingness and 
ability to curate Federal paleontological resources;
    (3) Repository has access to paleontological and/or curatorial 
staff with adequate experience to successfully prepare and curate 
paleontological resource collections;
    (4) Repository's past and current performance meets applicable 
departmental standards; and
    (5) Repository will not release specific location data to the 
public except as consistent with Sec.  49.25 or as provided in an 
agreement between the repository and the bureau.
    (b) Once a repository is approved to receive a collection, it will 
remain approved to curate the collection unless the Federal land 
manager, after consultation with the permittee and the repository, 
determines that one or more of the criteria in paragraph (a) of this 
section is not satisfied. The Federal land manager must refer to 
Departmental guidance to address this situation.


Sec.  49.210  What terms and conditions must agreements between the 
bureau and approved repository contain?

    (a) The Federal land manager will review existing agreements 
between the bureau and the approved repository to determine if these 
agreements adequately address the management of the collection. If 
adequate agreements do not already exist, the Federal land manager will 
work with the repository to develop a new agreement to cover this 
collection as well as other collections as appropriate.
    (b) Agreements between the bureau and approved repository will 
contain the following information as deemed appropriate by the parties:
    (1) Statement (updated as necessary) that identifies the 
collection(s) at the approved repository.
    (2) Statement that asserts Federal ownership of the collection(s).
    (3) Statement of work to be performed by the approved repository.
    (4) Statement of the duties and responsibilities of the bureau and 
of the approved repository for the long-term care of the collection(s).
    (5) Statement that the collections are available for scientific and 
educational uses and that the specific location data may be shared 
consistent with the Federal land manager's determination under Sec.  
49.25.
    (6) Description of any special procedures or restrictions for 
access to or use of collections, consumptive analysis, or 
reproductions.
    (7) Description of when and how the collection(s) may be loaned to 
other entities, including general parameters such as loan duration, 
purpose, responsibility, insurance, tracking, and packing/shipping 
materials.
    (8) Statement describing the frequency, methods, and reporting 
process for inventories.
    (9) Statement that all exhibits, publications, and studies of 
paleontological resources will acknowledge the bureau that administers 
the collection(s).
    (10) Statement describing how copies of any publications or reports 
resulting from study of the collection(s) will be made available by the 
publication or report writers to the bureau.
    (11) Statement describing how collection management records will be 
made available to the bureau that administers the collection(s).
    (12) Statement that employees of the repository will work to 
preserve and protect specimens in their care using best professional 
practices, and will take no actions whereby any of the collection(s) 
shall or may be

[[Page 47325]]

encumbered, seized, taken, sold, attached, lost, or stolen.
    (13) Effective term of the agreement and procedures for 
modification, cancellation, suspension, extension, and termination of 
the agreement, including costs.
    (14) Additional terms and conditions as needed to manage the 
collection(s).
    (c) The agreement must be signed by an authorized representative of 
the approved repository and the Federal land manager.


Sec.  49.215  What are the standards for managing the collections?

    (a) Each approved repository must:
    (1) Curate museum collections as defined at Sec.  49.5 and 
consistent with any agreements between the bureau and the approved 
repository;
    (2) Obtain approval of the Federal land manager before conducting 
or allowing reproduction or consumptive analysis of part or all of the 
collection, unless this topic is addressed in an agreement between the 
bureau and the approved repository;
    (3) Conduct inventories consistent with Departmental and bureau 
museum management standards, and report the results to the bureau.
    (b) The Federal land manager, in coordination with the repository 
official and appropriate subject matter experts, may determine that 
specimens that are found to be redundant, lack adequate associated 
data, or otherwise are determined not to further paleontological 
knowledge, public education, or management of paleontological resources 
may be removed from museum collections and placed into working 
collections.
    (c) The approved repository may charge reasonable fees, consistent 
with applicable law, to persons and/or institutions that deposit, use, 
or borrow specimens at that repository that were collected under this 
part. Fees may cover labor and material costs incurred by the 
repository for curating, handling, record keeping, and insuring the 
collection(s).

Subpart D--Prohibited Acts


Sec.  49.300  What acts are prohibited?

    (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 resource located on Federal land unless this activity 
is conducted in accordance with the Act and this part.
    (2) Exchange, transport, export, receive, or offer to exchange, 
transport, export, or receive any paleontological resource if the 
person knew or should have known such resource to have been excavated 
or removed from Federal land in violation of any provision, rule, 
regulation, law, ordinance, or permit in effect under Federal law, 
including the Act and this part.
    (3) Sell or purchase or offer to sell or purchase any 
paleontological resource if the person knew or should have known such 
resource to have been excavated, removed, sold, purchased, exchanged, 
transported, or received from Federal land.
    (4) Make or submit any false record, account, or label for, or any 
false identification of, any paleontological resource excavated or 
removed from Federal land.
    (b) A person may return to the Federal land manager paleontological 
resources collected or obtained in violation of the Act and this part 
without penalty if deemed appropriate by the Federal land manager.

Subpart E--Criminal Penalties


Sec.  49.400  What criminal penalties apply to violations of this part?

    (a) Anyone who, on or after March 30, 2009, knowingly commits or 
counsels, procures, solicits, or employs another person to commit a 
prohibited act identified in subpart D of this part will, upon 
conviction, be assessed:
    (1) Fines in accordance with 18 U.S.C. 641, 1361, 2314, and 1701, 
or imprisonment of up to 5 years, or both, if the sum of the scientific 
and commercial values of the paleontological resources involved and the 
cost of response, restoration, and repair of the resources and sites 
involved is more than $500; or
    (2) Fines in accordance with 18 U.S.C. 641, 1361, 2314, and 1701, 
or imprisonment of up to 2 years, or both, if the sum of the scientific 
and commercial values of the paleontological resources involved and the 
cost of response, restoration, and repair of the resources and sites 
involved is $500 or less.
    (b) Scientific and commercial values and the cost of response, 
restoration, and repair are determined in accordance with subpart G of 
this part.
    (c) In the case of a second or subsequent violation by the same 
person, the amount of the penalties assessed under this subpart may be 
doubled.
    (d) To the extent that a prohibited act under this subpart involves 
a violation of other applicable law, the violator may be subject to 
additional criminal penalties.

Subpart F--Civil Penalties


Sec.  49.500  When can the Federal land manager assess a civil penalty?

    (a) The Federal land manager may assess a civil penalty upon any 
person who violates the provisions of this part or violates a permit 
issued under this part, in accordance with the process explained in 
this subpart.
    (b) For purposes of this subpart, each violation is considered a 
separate offense.


Sec.  49.505  When and how does the Federal land manager serve a notice 
of violation?

    When the Federal land manager believes that a person has committed 
a violation of this part, he or she may serve a notice of violation in 
person, by certified mail, return receipt requested, or other 
verifiable delivery method upon the person.


Sec.  49.510  What is included in the notice of violation?

    A notice of violation will include:
    (a) A concise statement of the facts believed to show a violation 
has occurred.
    (b) A citation of the provisions of this part or a permit issued 
under this part alleged to have been violated.
    (c) The amount of civil penalty proposed.
    (d) Notification of the right to await the final assessment of 
civil penalty or to object to the notice of violation and proposed 
civil penalty, and the right to file a request for hearing of the final 
assessment of civil penalty. The notice must also inform the person of 
his or her right to seek judicial review upon the issuance of the final 
administrative order under this subpart.
    (e) The name and contact information of the Federal land manager 
who is serving the notice of violation.


Sec.  49.515  How is an objection to a notice of violation and proposed 
civil penalty made and resolved?

    (a) Filing objection. A person served with a notice of violation 
and proposed civil penalty may file a written objection with the 
Federal land manager within 30 days of the date the notice was 
received.
    (b) Content of objection. The objection must:
    (1) Clearly and concisely state the reasons why the person believes 
that the person did not commit a violation and/or that the proposed 
civil penalty should be reduced or eliminated;
    (2) Be accompanied by any documentation supporting the person's 
reasons for objecting; and
    (3) Be signed by the person or the person's authorized 
representative.

[[Page 47326]]

    (c) Issuing determination. The Federal land manager will issue a 
determination, served on the person by a verifiable delivery method, 
based on the information contained in the written objection or 
furnished upon further request to the Federal land manager.
    (d) Content of determination. In the determination, the Federal 
land manager will:
    (1) Sustain the objection and revoke the notice of violation and 
proposed civil penalty, if the Federal land manager determines that the 
information warrants a conclusion that no violation occurred;
    (2) Deny the objection, if the Federal land manager determines that 
the information warrants a conclusion that a violation occurred and 
that the proposed civil penalty should not be reduced or eliminated; or
    (3) Deny the objection in part and sustain it in part, if the 
Federal land manager determines that the information warrants a 
conclusion that a violation has occurred, but that the proposed civil 
penalty should be reduced or eliminated.


Sec.  49.520  When will the Federal land manager issue a final 
assessment of civil penalty?

    The Federal land manager will issue a final assessment of civil 
penalty:
    (a) If the person served with a notice of violation and proposed 
civil penalty does not file a timely objection; or
    (b) If the person does file a timely objection that is denied in 
whole or in part under Sec.  49.515.


Sec.  49.525  How will the Federal land manager calculate the amount of 
a proposed and final assessment of civil penalty?

    (a) The Federal land manager will determine the amount of the civil 
penalty by taking into account:
    (1) The scientific or commercial value, whichever is greater as 
determined by the Federal land manager, of the paleontological resource 
involved;
    (2) The cost of response, restoration, and repair of the 
paleontological resource and the paleontological site involved;
    (3) Other factors that the Federal land manager considers relevant, 
such as prior violations or warnings or evidence of malicious intent;
    (4) Information provided under Sec.  49.515 or furnished to the 
Federal land manager upon his or her request; and
    (5) Mitigating factors, which may include return of paleontological 
resources and whether the person will provide information that may 
assist the bureau.
    (b) Scientific value, commercial value, and the cost of response, 
restoration, and repair of the paleontological resource and the 
paleontological site are determined in accordance with subpart G of 
this part.
    (c) In the case of any subsequent violation by the same person, the 
Federal land manager may calculate a penalty in accordance with 
paragraph (a) of this section and double it for that subsequent 
violation.
    (d) The maximum penalty assessed under paragraph (c) of this 
section for any one violation may not exceed the sum of:
    (1) Two times the cost of response, restoration, and repair of 
paleontological resources and paleontological site damage; plus
    (2) Two times the scientific or commercial value, whichever is 
greater as determined by the Federal land manager, of the 
paleontological resources and paleontological sites destroyed or not 
salvaged.
    (e) The final assessment of civil penalty may be equal to, less 
than, or more than the proposed civil penalty.


Sec.  49.530  How will the Federal land manager issue the final 
assessment of civil penalty?

    (a) The Federal land manager will serve the final assessment of 
civil penalty by certified mail, return receipt requested, or other 
verifiable delivery method.
    (b) The final assessment of civil penalty will include:
    (1) The facts and conclusions that are the basis for the Federal 
land manager's determination that a violation occurred;
    (2) The basis for the Federal land manager's determination of the 
amount of civil penalty assessed;
    (3) Notification of the rights to accept the final assessment of 
civil penalty or, alternatively, to file a request for hearing on the 
final assessment with a Departmental Cases Hearings Division (DCHD) 
administrative law judge under Sec.  49.535(a)(2); and
    (4) A statement that the civil penalty must be paid within 30 days 
of the date that the final assessment of civil penalty is received, 
unless the person served with the final assessment of civil penalty 
files a request for hearing in accordance with this subpart and the 
procedures specified in the notice.


Sec.  49.535  What are the options and timeframe to respond to the 
final assessment of civil penalty?

    (a) Response options. A person who receives a final assessment of 
civil penalty may, within 30 days of the date the assessment is 
received, do one of the following:
    (1) Accept the final assessment of civil penalty, either in 
writing, by payment of the final assessment, or by failing to timely 
file a request for hearing under paragraph (a)(2) of this section; or
    (2) File a request for a hearing on the final assessment of civil 
penalty before a DCHD administrative law judge via:
    (i) Registered or certified mail, return receipt requested, or 
other delivery service method, deliver receipt requested, at DCHD's 
address specified in the final assessment of the civil penalty; or
    (ii) Electronic means in accordance with an OHA Standing Order 
which is available on OHA's website at the web address specified in the 
final assessment of civil penalty.
    (b) Content of request for hearing. A request for hearing must:
    (1) Be signed by the person who receives the final assessment of 
civil penalty or a representative qualified to represent that person 
under 43 CFR 1.3.
    (2) Identify the final assessment of civil penalty being 
challenged.
    (3) State clearly and concisely the reasons for challenging the 
final assessment, including the reasons why the person believes that he 
or she did not commit a violation and/or that the final assessment of 
civil penalty should be reduced or eliminated.
    (4) State the relief sought and the basis for that relief.
    (5) Be accompanied by the following documentation:
    (i) A copy of the notice of violation and proposed civil penalty;
    (ii) A copy of any objection and supporting documentation filed 
under Sec.  49.515(a); and
    (iii) A copy of the final assessment of civil penalty.
    (6) Contain a certificate acknowledging service of the request for 
hearing with the documentation listed in paragraph (b)(5) of this 
section to the Office of the Solicitor at the address identified in 
paragraph (c) of this section.
    (c) Service of request for hearing. The person filing a request for 
hearing must simultaneously send a copy of the request and the 
accompanying documentation via certified mail, return receipt 
requested, or other verifiable delivery method to the Solicitor of the 
Department of the Interior at the address specified in the final 
assessment of civil penalty.
    (d) Dismissal of hearing request. (1) If the request for hearing is 
not received by DCHD within 30 days of the date of receipt of the final 
assessment, the request for hearing will not be

[[Page 47327]]

considered and the hearing will be dismissed.
    (2) The request for hearing may be dismissed for failing to meet 
any of the requirements of paragraph (c) of this section.
    (e) Waiver of hearing right. A person who accepts the final 
assessment under paragraph (a)(1) of this section waives the right to a 
hearing.


Sec.  49.540  What procedures govern the DCHD hearing process initiated 
by a request for hearing on the final assessment?

    (a) Upon receipt of a request for hearing under Sec.  49.535(a)(2), 
DCHD will assign an administrative law judge to preside over the 
hearing process and issue a decision. DCHD will promptly notify the 
parties of the assignment. Thereafter, all pleadings, papers, and other 
documents in the hearing process must be filed directly with that 
judge, with copies served on the other party.
    (b) An attorney from the Office of the Solicitor, DOI, will 
represent the bureau. The attorney will enter his or her appearance on 
behalf of the bureau and file all motions and correspondence between 
the bureau and the person who filed the request for hearing. 
Subsequently, any service upon the bureau must be made to the attorney.
    (c) To the extent not inconsistent with the provisions of this 
subpart, the rules in 43 CFR part 4, subparts A and B, and in 43 CFR 
4.422 through 4.437 will apply to the hearing process under this 
subpart.
    (d) The hearing will be conducted in accordance with 5 U.S.C. 554. 
The bureau will have the burden of proving by a preponderance of the 
evidence the fact of the violation and the basis for the amount of the 
civil penalty. Upon completion of the hearing and incorporation of the 
hearing transcript in the record, the administrative law judge will 
issue a written decision in accordance with Sec.  49.545 and serve it 
on the parties.


Sec.  49.545  What will be included in the administrative law judge's 
decision?

    (a) The administrative law judge's written decision will set forth:
    (1) The findings of fact and conclusions of law;
    (2) The reasons and bases for the findings; and
    (3) An assessment of the penalty, if any.
    (b) The amount of any penalty assessed will:
    (1) Be determined in accordance with this subpart and subpart G of 
this part; and
    (2) Not be limited by the amount of the penalty assessed by the 
Federal land manager under Sec.  49.525 or by any offer of mitigation 
or remission previously made.
    (c) The administrative law judge's decision will become effective 
31 days from the date of the written decision unless a timely appeal of 
the decision is filed under Sec.  49.550.


Sec.  49.550  How can the administrative law judge's decision be 
appealed?

    (a) Filing appeal. Within 30 days of the date of the administrative 
law judge's decision, either party to the hearing process (the person 
who filed the request for hearing or the bureau) may appeal the 
administrative law judge's decision to the OHA Director by filing a 
notice of appeal via:
    (i) Registered or certified mail, return receipt requested, or 
other delivery service method, delivery receipt requested, to the OHA 
Director's address specified in the administrative law judge's 
decision; or
    (ii) Electronic means in accordance with an OHA Standing Order 
which is available on OHA's website at the web address specified in the 
administrative law judge's decision.
    (b) Content of notice of appeal. The notice of appeal must:
    (1) Be signed by the person filing the appeal or a representative 
qualified to represent that person under 43 CFR 1.3.
    (2) Identify the administrative law judge's decision being 
appealed, including the DCHD docket number.
    (3) State clearly and concisely the reasons for challenging the 
decision, including:
    (i) The reasons why the person believes that he or she did not 
commit a violation or that the assessed civil penalty should be reduced 
or eliminated; and
    (ii) A concise but complete statement of the facts relied upon to 
challenge the decision.
    (4) State the relief sought and the basis for that relief.
    (5) Be accompanied by the following documentation:
    (i) A copy of the notice of violation and proposed civil penalty;
    (ii) A copy of the final assessment of civil penalty; and
    (iii) A copy of the administrative law judge's decision.
    (6) Contain a certificate acknowledging service of the notice with 
the documentation listed in paragraph (b)(5) of this section on the 
other party to the hearing process in accordance with paragraph (c)(1) 
of this section.
    (c) Service. The person filing a notice of appeal must 
simultaneously send a copy of:
    (1) The notice and the accompanying documentation to the other 
party to the hearing process via:
    (i) Certified mail, return receipt requested, or other verifiable 
delivery method to the other party's address listed on the 
administrative law judge's decision; or
    (ii) Electronic means, if the other party has previously consented 
to that electronic means, in accordance with an OHA Standing Order 
which is available on OHA's website at the web address specified in the 
administrative law judge's decision; and
    (2) The notice to DCHD via:
    (i) Certified mail, return receipt requested, or other verifiable 
delivery method to DCHD's address listed on the administrative law 
judge's decision; or
    (ii) Electronic means in accordance with an OHA Standing Order 
which is available on OHA's website at the web address specified in the 
administrative law judge's decision.
    (d) Dismissal of appeal. If the notice of appeal is not received by 
the OHA Director within 30 days of the date of the administrative law 
judge's decision, the notice of appeal will not be considered and the 
appeal will be dismissed.
    (e) Stay of payment deadline. If the administrative law judge's 
decision is appealed to the OHA Director, the deadline for payment of 
the penalty will be stayed pending resolution of the appeal.


Sec.  49.555  What procedures govern an appeal of an administrative law 
judge's decision?

    (a) Upon receipt of a notice of appeal filed under Sec.  49.550(a), 
the OHA Director will appoint an Ad Hoc Board of Appeals to consider 
the appeal and issue a decision thereon.
    (b) To the extent not inconsistent with the provisions of this 
subpart, the rules in 43 CFR part 4, subparts A, B, and G, will apply 
to the appeal proceedings under Sec.  49.550.


Sec.  49.560  When must the civil penalty be paid?

    A person assessed a civil penalty has 30 days from the date of the 
final administrative decision in which to make full payment of the 
civil penalty, or agree to a payment schedule. For the purposes of this 
subpart, the final administrative decision is:
    (a) The final assessment of civil penalty if the person served with 
the final assessment does not file a timely request for hearing under 
Sec.  49.535(a)(2).
    (b) The administrative law judge's decision on the request for 
hearing if a timely appeal to the OHA Director is not filed under Sec.  
49.550(a); or

[[Page 47328]]

    (c) The decision of the Ad Hoc Board of Appeals if a timely appeal 
of the administrative law judge's decision was filed under Sec.  
49.550(a).


Sec.  49.565  When may a person assessed a civil penalty seek judicial 
review?

    A person may file a petition for judicial review in the United 
States District Court for the District of Columbia or in the district 
where the violation occurred, within 30 days of the decision of the Ad 
Hoc Board of Appeals. For purposes of the Act and this part, that 
decision will be considered a final administrative order. The deadline 
for payment of the civil penalty will be stayed pending resolution of 
the judicial review.


Sec.  49.570  What happens if a civil penalty is not paid on time?

    (a) If the civil penalty is not paid by the required deadlines, the 
United States may take action to collect the penalty assessed plus 
interest, attorneys' fees, and collection costs.
    (b) Failure to pay a civil penalty assessed under this subpart is a 
debt to the United States.
    (c) Failure to pay a civil penalty assessed under this subpart may 
prevent a person from obtaining a future authorization for activities 
related to paleontological resources on Federal land as well as 
receiving other future Federal funding or assistance.
    (d) By assessing a civil penalty under this subpart, the United 
States does not waive the right to pursue other legal or administrative 
remedies.


Sec.  49.575  How will collected civil penalties be used?

    Civil penalties collected under this subpart are available without 
further appropriation to the bureau that administers the Federal land 
or paleontological resources that were the subject of the violation, 
and may be used only to:
    (a) Protect, restore, repair, prepare, and curate the 
paleontological resources and sites that were the subject of the 
action, and to protect, monitor, and study the resources and sites;
    (b) Provide educational materials to the public about 
paleontological resources, paleontological sites, or resource 
protection; or
    (c) Pay rewards under subpart H of this part.

Subpart G--Determining Scientific Value, Commercial Value, and the 
Cost of Response, Restoration, and Repair


Sec.  49.600  How is ``scientific value'' determined for criminal and 
civil penalties?

    In determining a criminal or civil penalty, the scientific value of 
a paleontological resource will be based on the value of the scientific 
and educational information associated with the resource. This value is 
the estimated costs of obtaining the scientific and educational 
information from the disturbed paleontological resource or site if the 
prohibited act had not occurred. These costs may include, but are not 
limited to:
    (a) Research design development;
    (b) Fieldwork;
    (c) Preparation of the paleontological specimen;
    (d) Stabilization of the paleontological site;
    (e) Scientific analysis;
    (f) Curation;
    (g) Preparation and production of reports or educational materials; 
and
    (h) Lost visitor services or experience.


Sec.  49.605  How is ``commercial value'' determined for criminal and 
civil penalties?

    In determining a criminal or civil penalty, the commercial value of 
a paleontological resource will be based on comparable sales 
information, appraisals, current market value, or other information for 
comparable resources. If there is no comparable sales information, 
appraisal, market value, or other information, the Federal land manager 
will determine the commercial value of the paleontological resource 
using other values such as scientific value under Sec.  49.600 or the 
cost of response, restoration, and repair of the paleontological 
resource and/or paleontological site under Sec.  49.610.


Sec.  49.610  How is the ``cost of response, restoration, and repair'' 
determined for criminal and civil penalties?

    In determining a criminal or civil penalty, the cost of response, 
restoration, and repair of a paleontological resource and/or 
paleontological site will include, but not be limited to, the costs of:
    (a) Law enforcement investigations;
    (b) Immediate stabilization of the resource and the site;
    (c) Response, restoration, and repair, including, but not limited 
to, reconstructing or stabilizing the resource or site, salvaging the 
resource or site, erecting physical barriers or other protective 
devices or signs to protect the site, and monitoring the site;
    (d) Preparation of the paleontological specimen;
    (e) Storage and curation of the resources; and
    (f) Reporting upon the above activities.

Subpart H--Forfeiture and Rewards


Sec.  49.700  Will a violation lead to forfeiture of a paleontological 
resource?

    (a) A paleontological resource related to a violation under this 
part is subject to forfeiture.
    (b) The bureau may either deposit forfeited resources into an 
approved repository, or transfer or assign administration of the 
forfeited resources to Federal or non-Federal institutions to be used 
for scientific or educational purposes.


Sec.  49.705  What rewards may bureaus pay to those who assisted in 
enforcing this part?

    (a) The bureau may pay a reward to the person or persons furnishing 
information leading to a finding of civil violation or criminal 
conviction under this part.
    (b) The reward may be no more than half of the penalties collected. 
If several persons provide the information, the bureau may divide the 
reward among them.
    (c) The funds for the reward may come from the penalties collected 
or from appropriated funds.
    (d) An officer or employee of Federal, State, or local government 
who furnishes information or renders service in the performance of 
official duties is not eligible for a reward under this section.

Subpart I--Casual Collection of Common Invertebrate or Plant 
Paleontological Resources on Bureau of Land Management and Bureau 
of Reclamation Administered Lands


Sec.  49.800  Is casual collecting allowed on lands administered by NPS 
or FWS?

    No. Casual collecting of paleontological resources is not allowed 
on lands administered by NPS or FWS. On those lands, collecting any 
paleontological resource must be conducted in accordance with a permit 
as described in subpart B of this part.


Sec.  49.805  Where is casual collecting allowed?

    (a) Casual collecting of common invertebrate or plant 
paleontological resources is allowed on lands administered by BLM, 
except on BLM-administered land that is closed to casual collecting in 
accordance with this part, other statutes, executive orders, 
regulations, proclamations, or land use plans.
    (b) Casual collecting of common invertebrate or plant 
paleontological resources is allowed on lands administered by 
Reclamation only in locations where the bureau has established a 
special use area for casual

[[Page 47329]]

collecting using processes defined in 43 CFR part 423, Public Conduct 
on Bureau of Reclamation Facilities, Lands, and Waterbodies. Casual 
collecting is prohibited on Reclamation project land that is 
administered by NPS or FWS.
    (c) Persons interested in casual collecting are responsible for 
learning which bureau manages the land where they would like to collect 
paleontological resources, learning if the land is open to casual 
collecting, and obtaining information about the managing bureau's 
casual collecting procedures.


Sec.  49.810  What is casual collecting?

    (a) Casual collecting means the collecting without a permit of a 
reasonable amount of common invertebrate or 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 or paleontological or other 
resources.
    (1) Common non-vertebrate paleontological resources means common 
invertebrate or plant paleontological resources.
    (2) Reasonable amount means a maximum of 25 pounds of common non-
vertebrate paleontological resources per day per person. Where the 
common non-vertebrate paleontological resources are embedded in rock, 
the collector, using non-motorized hand tools, may remove a slab or 
cobble of rock that exceeds 25 pounds in order to preserve the 
integrity of the embedded specimen.
    (3) Negligible disturbance means little or no change to the surface 
of the land and minimal or no effect to natural and other resources.
    (4) Non-commercial personal use means a use other than for 
purchase, sale, financial gain, or research.
    (5) Non-powered hand tools means tools that do not use or are not 
operated by a motor, engine, or other mechanized power source, and that 
can be hand-carried by one person.
    (b) In order to preserve paleontological or other resources, or for 
other management reasons, the Federal land manager may establish area-
specific limits on casual collecting, including, but not limited to, 
restricting the weight of common non-vertebrate paleontological 
resources; limiting the depth of disturbance; establishing dates or 
locations for collecting; or establishing what paleontological 
resources in a specific area are not common.
    (c) In consultation with knowledgeable paleontologists, the Federal 
land manager will determine which non-vertebrate paleontological 
resources are scientifically rare or unique and are therefore not 
common.
    (d) Collecting common non-vertebrate paleontological resources 
inconsistent with this subpart is a prohibited act and may result in 
civil or criminal penalties.

Subtitle B--Regulations Relating to Public Lands

SUBCHAPTER H--RECREATION PROGRAMS

PART 8360--VISITOR SERVICES

0
5. Revise the authority citation for part 8360 to read as follows:

    Authority: 16 U.S.C. 470aaa, et seq.; 670, et seq.; 877, et 
seq.; 1241, et seq.; and 1281c; and 43 U.S.C. 315a and 1701 et seq.


0
6. Revise Sec.  8360.0-3 to read as follows:


Sec.  8360.0-3   Authority.

    The regulations of this part are issued under the provisions of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701, et 
seq.), the Sikes Act (16 U.S.C. 670g), the Taylor Grazing Act (43 
U.S.C. 315a), the Wild and Scenic Rivers Act (16 U.S.C. 1281c), the Act 
of September 18, 1960, as amended, (16 U.S.C. 877, et seq.), the 
National Trails System Act (16 U.S.C. 1241, et seq.), and the 
Paleontological Resources Preservation Act (16 U.S.C. 470aaa et seq.).

0
7. Amend Sec.  8365.1-5 by revising paragraph (b) to read as follows:


Sec.  8365.1-5  Property and resources.

* * * * *
    (b) Except on developed recreation sites and areas, or where 
otherwise prohibited and posted, it is permissible to collect from the 
public lands reasonable amounts of the following for noncommercial 
purposes:
    (1) Commonly available renewable resources such as flowers, 
berries, nuts, seeds, cones and leaves;
    (2) Nonrenewable resources such as rocks, mineral specimens, and 
semiprecious gemstones;
    (3) Petrified wood as provided under subpart 3622 of this title;
    (4) Mineral materials as provided under subpart 3604 of this title;
    (5) Forest products for use in campfires on the public lands. Other 
collection of forest products shall be in accordance with the 
provisions of part 5500 of this title; and
    (6) Common invertebrate and plant paleontological resources as 
provided under part 49 of this title.
* * * * *

TITLE 50--WILDLIFE AND FISHERIES

PART 27--PROHIBITED ACTS

0
8. The authority citation for part 27 continues to read as follows:

    Authority: 5 U.S.C. 685, 752, 690d; 16 U.S.C. 460k, 460l-6d, 
664, 668dd, 685, 690d, 715i, 715s, 725; 43 U.S.C. 315a.


0
9. Amend Sec.  27.63 by adding paragraph (c) to read as follows:


Sec.  27.63  Search for and removal of other valued objects.

* * * * *
    (c) Permits are required for the collection of paleontological 
resources on national wildlife refuges in accordance with the 
provisions of 43 CFR part 49.

Joan M. Mooney,
Principal Deputy Assistant Secretary, Policy, Management and Budget.
[FR Doc. 2022-16405 Filed 8-1-22; 8:45 am]
BILLING CODE 4310-EJ-P