S. 320 would provide for the protection of paleontological resources on Federal lands.
Detailed Summary
Paleontological Resources Preservation Act - (Sec. 3) Directs the the Secretary of the Interior or the Secretary of Agriculture (the Secretary) to: (1) manage and protect paleontological resources on federal land, using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources.
(Sec. 4) Directs the Secretary to establish a program to increase public awareness about such resources.
(Sec. 5) Prohibits a person from collecting a paleontological resource from federal land without a permit issued under this Act. Authorizes the Secretary to allow casual collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal uses without a permit on certain federal lands. Recognizes as valid permits issued before enactment of this Act. Sets forth criteria by which the Secretary may issue permits for paleontological resources. Requires that any paleontological resource and associated records collected under a permit be deposited in an approved repository. Allows the Secretary to modify, suspend, or revoke a permit under specified circumstances, including if there is a violation of a term or a condition of a permit. Declares that a permit shall be revoked if any person working under the authority of the permit is convicted of a criminal offense under this Act or assessed a civil penalty under this Act.
(Sec. 6) States that the Secretary may enter into agreements with non-federal repositories regarding the curation of paleontological resources, data, and records.
(Sec. 7) Prohibits: (1) evacuating, removing or altering a paleontological resource located on federal lands, except in accordance with this Act; (2) exchanging or receiving a paleontological resource, or selling or purchasing a paleontological resource, if the person knew or should have known such resource was illegally removed from federal lands; or (3) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from federal lands. Imposes criminal penalties for violating this Act.
(Sec. 8) Sets forth requirements for the assessment of civil penalties by the Secretary for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward.
(Sec. 9) Allows the Secretary to pay a reward from penalties collected under this Act to any person who furnishes information leading to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. Provides for the civil or, as appropriate, the criminal forfeiture of all paleontological resources with respect to which a civil or criminal violation occurred, and of all vehicles and equipment that were used in connection with the violation. Allows the Secretary to transfer administration of seized paleontological resources to educational institutions for scientific or educational purposes.
(Sec. 10) Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions.
(Sec. 11) Directs the Secretary to issue such regulations as are appropriate to carry out this Act, while providing opportunities for public notice and comment.
(Sec. 12) Prohibits anything in this Act from being construed to, among other things: (1) modify any activity under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or any laws providing for the management or regulation of such activities; (2) modify any activities under existing laws and authorities relating to reclamation and multiple uses of federal lands; or (3) alter or diminish the authority of a federal agency under any other law to provide protection for paleontological resources on federal lands in addition to the protection provided under this Act.
(Sec. 13) Authorizes appropriations.
Status of the Legislation
Latest Major Action: 2/15/2007: Placed on Senate Legislative Calendar under General Orders. Calendar No. 43.
Points in Favor
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Points Against
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Visitor Comments
Edward A. Peterson
This bill is unneeded and a bad idea. Education of our children regarding fossils and geology would be curtailed. Example: When I was young I was fascinated by an imprint found in shale. It not only stimulated my interest in geology, it caused a friend to also be curious. My interest continued; my friend got a master's degree in geology. The fossil was a dental dermal from a shark. This area is now on federal land. Most of the shale has eroded away. Bison bones are found in streams of Iowa. Are these to be prohibited from collecting by curious kids?
Kyle Lindsey
Amateurs and enthusiasts make virtually all major discoveries in paleontology. What is better for the fossils? To leave them in the earth and erode away as we wait in vain for an exponential increase in paleontologist willing to do the fieldwork… or for the thousands of individuals without graduate degrees to go and find the next tyrannosaur or tiktaalik specimen? It is inevitable that some specimens will be damaged, but not all fossils are as rare as the bill would have one believe. If a child found a fossil and their parent decided to take it to the local museum to donate it, then the child... parent... and museum staff who accepted the fossil would have to be imprisoned. This bill should be renamed the Paleontology Resources PENALTY Act.
Sincerely, a concerned geology student...