H.R. 554 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, as appropriate, 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. Subjects to civil or, as appropriate, criminal forfeiture all paleontological resources with respect to which a violation occurred and 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.
(Sec. 13) Authorizes appropriations.
Status of the Legislation
Latest Major Action: 8/1/2008: House Committee on Judiciary Granted an extension for further consideration ending not later than Sept. 12, 2008.
Points in Favor
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Points Against
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Visitor Comments
jeff smith
i think this bill limits everything too much.
H Brown
This bill is poorly crafted and would allow far to much subjectivity in determination of permitting. Additionally it would allow a lot of misuse and could be interpreted in ways to prohibit all fossil collecting on federal lands. This bill should not ever be allowed to pass. 50,000 rock and fossil collectors will be very unhappy.
Formerly Free
Further erosion of American freedoms, and the very nature of "Public" property. This legislation reaks. Let's hope and pray it dies in committee. There is NO reason why I shouldn't be able to enjoy the freedoms of my youth with my grandchildren. What have all our servicemen died to protect if it hasn't been freedom?
David Mitchell
Please vote no on this bill!