American Geological Institute Home Page
104th CONGRESS
2d Session
To provide for the collection of fossils on Federal lands, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 1, 1996
Mr. JOHNSON of South Dakota (for himself and Mr. SKEEN) introduced
the following bill; which was referred to the Committee on
Resources, and in addition to the Committees on Agriculture,
and Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned
A BILL
To provide for the collection of fossils on Federal lands, and for
other purposes.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Fossil Preservation Act of 1996'.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds that--
(1) paleontology, as distinct from archaeology, is the study
of prehistoric, nonhuman life and is most closely allied with
geology and biology;
(2) the science of paleontology is best served by unimpeded
access to fossils and fossil-bearing rocks in the field;
(3) fossils have scientific, educational, and commercial value;
(4) fossils are accessible on Federal lands, but the few
Federal laws or regulations in existence on the date of
enactment of this Act do not provide for uniform regulations
for their collection;
(5) access to fossils on Federal lands should be provided to
research scientists, educators, amateur collectors, and
commercial entities under proper guidelines, but collecting
decreases the benefit of Federal lands for the people of the
United States if the collecting--
(A) separates scientifically unique fossils from their
geological and paleontological contexts,
(B) removes scientifically unique fossils from the realm
of public education or scientific study, or
(C) interferes with ongoing excavation by researchers
engaged in permitted studies or excavations.
(6) scientifically unique fossils, as determined by the
Council, must be deposited in institutions where there are
established research, educational, and training programs in
paleontology.
(b) PURPOSES- The purposes of this Act are--
(1) to secure, for the present and future benefit of the
people of the United States, the protection, including
collection and preservation, of fossils that are on Federal
lands;
(2) to provide a uniform national policy on fossil collecting
on Federal lands that--
(A) enables research scientists, educators, amateur
collectors, and commercial entities to collect fossils on
Federal lands; and
(B) facilitates scientific research and education in
paleontology;
(3) encourages the collection and preservation of fossils
from Federal lands in order to reduce the loss of fossils
resulting from erosion and theft; and
(4) encourages the identification, preservation and study of
scientifically unique paleontological specimens and sites on
Federal lands in order to increase our understanding of the
history of life on earth.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) FEDERAL LANDS- (A) The term `Federal lands' means the
lands, other than wilderness, administered by the Bureau of
Land Management, the Forest Service, the United States Fish and
Wildlife Service, the Bureau of Reclamation, and the United
States Army Corps of Engineers.
(B) Such term does not include lands held in trust for the
benefit of an Indian tribe or individual or held by an Indian
tribe or individual subject to a restriction by the United
States against alienation, lands administered by the National
Park Service, lands designated by an Act of Congress as
wilderness, and any other Federal lands not specifically
included by subparagraph (A).
(2) FEDERAL LAND MANAGER- The term `Federal land manager'
means the Secretary of the department or head of the agency or
instrumentality of the United States.
(3) FOSSIL- The term `fossil' means any naturally occurring
remains or trace of plant or animal life that--
(A) lived prior to the Holocene epoch; and
(B) is not associated with an archaeological resource or
a cave resource.
(4) ARCHAEOLOGICAL RESOURCE- The term `archaeological
resource' has the meaning given such term in section 3(1) of
the Archaeological Resources Protection Act of 1979 (16 U.S.C.
470bb(1)).
(5) CAVE RESOURCE- The term `cave resource' has the meaning
given such term in section 3(5) of the Federal Cave Resources
Protection Act (16 U.S.C. 4302(5)).
(6) COUNCIL- The term `Council' means the National Fossil
Council established by section 9.
(7) DIRECTOR- The term `Director' means the Director of the
United States Geological Survey.
(8) SUITABLE PALEONTOLOGICAL INSTITUTION- An institution is a
suitable paleontological institution if the institution is a
nonprofit public or private organization, including a college,
university, Federal or State repository, or museum--
(A) with a research, educational, or curatorial program
in paleontology; and
(B) with open access to appropriate records for the
specimens collected under these permits for research and
education.
SEC. 4. MANAGEMENT OF FOSSILS ON FEDERAL LANDS.
(a) FEDERAL LANDS OPEN TO FOSSIL COLLECTING- Except as otherwise
provided in this section, all Federal lands shall be open to fossil
collecting, as follows: all Federal lands shall be open to fossil
collecting by reconnaissance without a permit, except for those
lands designated as requiring such a permit pursuant to subsection
(c)(1)(B), and all Federal lands shall be open to fossil collecting
by quarrying pursuant to a permit.
(b) DUTY TO MANAGE SEPARATELY FROM ARCHAEOLOGICAL RESOURCE- Each
Federal land manager, in consultation with the Council, shall
manage fossils separately from archaeological resources, cave
resources, and cultural resources, but in conjunction with the
natural resources within the jurisdiction of the Federal land
manager.
(c) TYPES OF COLLECTING AND WHETHER NOTICE OR A PERMIT IS
REQUIRED- Collecting fossils from Federal lands shall be conducted
in accordance with the following:
(1) Reconnaissance-
(A) IN GENERAL- Except as provided in subparagraphs (B)
and (C), collecting fossils from the surface is not subject
to advance notice to a Federal land manager or the issuance
of a permit. Such collecting is reconnaissance collecting
and--
(i) results in surface disturbance of less than two
square meters of the earth;
(ii) involves picking up loose specimens on weathered
rock surfaces;
(iii) may involve the use of simple hand tools (such
as hammers, chisels, pry bars, and rakes);
(iv) does not involve the use of power tools,
explosives, or mechanized equipment of any kind; and
(v) does not pose potential for significant
disturbance of sites of ongoing scientific research and
other important resources, including endangered
species, cultural resources, archaeological resources,
cave resources, wilderness, or areas of critical
environmental concern.
(B) EXCEPTION- A permit is required for reconnaissance
collecting from those Federal lands under the jurisdiction
of the Federal land manager which the Federal land manager
may designate in accordance with the guidelines developed
by the Council under section 9. The Federal land manager
shall publish in the Federal Register notice of each area
for which a permit is required for reconnaissance
collecting and shall post in each such area appropriate
notice of reconnaissance collecting permit requirements.
(C) NOTICE BY GROUPS- Advance notice of not less than
seven days is required for reconnaissance collecting by
groups comprised of more than 10 persons.
(2) QUARRYING- Fossil collection by quarrying means the
collection of fossils by means other than reconnaissance
collecting. Collecting fossils through quarrying may only be
conducted pursuant to a permit and advance notice.
(d) DETERMINATION OF SCIENTIFICALLY UNIQUE- The Federal land
manager, in consultation with the Chair of the Council, shall
determine whether a fossil is scientifically unique in accordance
with regulations promulgated under section 10, except with respect
to commercial permits. In the case of a commercial permit, the
determination of scientifically unique shall be made by the Council.
(e) Appeals-
(1) AGENCY PROCESS- Except as provided by paragraph (2),
administrative appeals of a Federal land manager's decision
under this Act shall be made in accordance with the appeals
process, if any, established by the agency concerned.
(2) COUNCIL- An appeal of a Federal land manager's decision
under this subsection (d) may be made to the Council in
accordance with regulations promulgated under section 10.
SEC. 5. PERMITS.
(a) General Authority-
(1) ISSUANCE- The Federal land manager shall issue permits
under such terms and conditions as the Federal land manager may
impose--
(A) for reconnaissance collecting under section 4(c)(1)
from those lands which the Federal land manager designates
in accordance with the guidelines developed by the Council
under section 9; and
(B) for the discovery, quarrying, and removal of fossils
under section 4(c)(2) that are located on lands under the
jurisdiction of the
Federal land manager, including activity associated with such
quarrying.
(2) LIMITATION- Commercial permits may not be issued under
this section for the quarrying or removal of a scientifically
unique find, as determined by the Council.
(3) PERIOD TO CONSIDER APPLICATION- Permits shall be issued
or denied within a reasonable time, but no later than 90 days
after a permit application is received, unless extended by
written notice of the Federal land manager to allow compliance
with this Act.
(4) CONTENTS OF PERMIT APPLICATION- An application for a
permit under this section shall contain--
(A) a general description of the area in which collecting
activity is to occur and, when applicable, the purpose of
the proposed quarry;
(B) the beginning and ending dates of work and list of
tools for the proposed activity;
(C) the identity and qualifications of the individuals
responsible for carrying out the terms and conditions of
the permit;
(D) in the case that the permit is for collecting fossils
for educational purposes, the agreement of the applicant to
the conditions specified in subsection (b);
(E) in the case that the permit is for collecting fossils
for scientific purposes, the agreement of the applicant to
the conditions specified in subsection (c);
(F) in the case that the permit is for collecting fossils
for sale, barter, or exchange, the agreement of the
applicant to the conditions specified in subsection (d); and
(G) the applicant submits in writing qualifications and
relevant proof of experience that are in compliance with
the guidelines established by the Federal land manager and
are appropriate for the type of permit applied for.
(b) EDUCATIONAL COLLECTING PERMITS- A permit for collecting
fossils from Federal lands for educational purposes shall be issued
pursuant to an application under subsection (a) if--
(1) the applicant agrees to deposit all scientifically unique
fossils, records, and data associated with such collecting in a
suitable paleontological institution and to carry out the
permitted activity primarily for the purpose of public education;
(2) the applicant has a letter of agreement from a suitable
paleontological institution; and
(3) the Federal land manager determines that the activity is
consistent with any management plan applicable to the Federal
lands concerned.
(c) SCIENTIFIC COLLECTING PERMITS- A permit for collecting
fossils from Federal lands for scientific purposes shall be issued
pursuant to an application under subsection (a) if--
(1) the applicant agrees to deposit all scientifically unique
fossils, records, and data associated with such collecting in a
suitable paleontological institution and to carry out the
permitted activity primarily for the purpose of scientific
research, public education, or public display;
(2) the applicant has a letter of agreement from a suitable
paleontological institution; and
(3) the Federal land manager determines that the activity is
consistent with any management plan applicable to the Federal
lands concerned.
(d) COMMERCIAL COLLECTING PERMITS- A permit for collecting
fossils from Federal lands for sale, barter, or exchange shall be
issued pursuant to an application under subsection (a) if--
(1) the applicant agrees--
(A) that the fossils to be extracted are for a commercial
purpose;
(B) to pay fees established in accordance with section 6;
(C) to deposit the paleontological records and data
associated with the commercial quarrying with the United
States Geological Survey;
(D) to report any unanticipated discoveries made under
the commercial permit to the agency issuing the permit and
that scientifically unique finds will be property of the
United States and will be deposited in a suitable
paleontological institution; and
(E) to file a final report with the permit granting
agency describing all quarried materials;
(2) the Federal land manager determines that the activity is
consistent with any management plan applicable to the Federal
lands concerned; and
(3) the permit application has been reviewed by the Federal
land manager in consultation with the Chair of the Council.
(e) Suspension and Revocation of Permits-
(1) SUSPENSION- The Federal land manager may suspend a permit
issued under this section if the Federal land manager
determines that the holder of the permit has intentionally
violated any of the terms of the permit or intentionally
engaged in an act for which a civil penalty may be imposed
under section 8.
(2) REVOCATION- The Federal land manager may revoke a permit
issued under this section if the holder of the permit is
assessed a civil penalty under section 8.
(3) PROTECTION OF RIGHTS- Before suspending a permit under
paragraph (1) or revoking a permit under paragraph (2), the
Federal land manager shall provide the permittee with notice
and an opportunity for a hearing on the record in accordance
with section 554 of title 5, United States Code.
(f) PERMITS ISSUED UNDER ANTIQUITIES ACT OF 1906-
(1) NEW PERMITS- No permit or other permission shall be
required under the Act entitled `An Act for the Preservation of
American Antiquities', approved June 8, 1906 (16 U.S.C. 431 et
seq.), for any activity for which a permit is issued under this
section.
(2) PREVIOUS PERMITS- Any permit issued under such Act prior
to the date of enactment of this Act shall remain in effect
according to the terms and conditions of the permit. No permit
under this Act shall be required to carry out any activity
under a permit issued under such Act prior to the date of
enactment of this Act. Nothing in this Act shall be construed
to modify or affect a permit issued under such Act prior to the
date of enactment of this Act.
SEC. 6. FEES AND ROYALTIES FOR COMMERCIAL COLLECTING.
(a) GENERAL AUTHORITY- The Federal land manager shall establish
and collect fees relating to the commercial collection of fossils
subject to this Act. The fee shall be determined by the Secretary
on a permit-by-permit basis and shall be sufficient to cover the
cost to the Secretary of issuing a permit under section 5 and shall
be based on the amount of surface disturbance which occurs under
the permit and the location of the collection activity.
(b) ROYALTY- A permit for commercial collecting shall require
payment of a royalty on the fair market value of each fossil
removed under the permit. The amount of the royalty shall be
determined by the Council as a percentage of the value of the
fossil on the basis of what a willing buyer would pay a willing
seller in an arms length transaction.
(c) USE OF AMOUNTS COLLECTED- Amounts collected by a Federal land
manager under this section shall be retained by the Federal land
manager and used without further appropriation in the area with
respect to which the amount was generated for the purpose of
carrying out the paleontological program of the Federal land manager.
SEC. 7. OWNERSHIP AND CUSTODY OF FOSSILS.
(a) IN GENERAL- Except as provided by subsection (b), fossils
collected pursuant to this Act are the property of the collector--
(1) without restriction if collected under the provisions of
this Act where no permit is required; and
(2) are subject to the terms and conditions agreed to by the
collector in connection with the issuance of a permit under
this Act if collected pursuant to the permit.
(b) EXCEPTION- Fossils collected pursuant to a commercial
collecting permit under section 5(c) which are scientifically
unique, as determined by the Council, are the property of the
United States and shall be placed into custody with the Director of
the United States Geological Survey. This paragraph applies with
respect to a fossil regardless of when the determination of
scientifically unique is made.
(c) AUTHORITY OF UNITED STATES TO DISPOSE OF FOSSILS- The
Director of the United States Geological Survey may sell, exchange,
loan, or donate any fossil placed into the custody of the Director
under subsection (b).
(d) Modification or Removal of Restrictions-
(1) APPLICATION TO COUNCIL- The collector of a fossil
pursuant to a permit issued under this Act may apply to the
Council for the modification or removal of restrictions
relating to fossils collected under this Act.
(2) STANDARD- The Council may modify or remove the
restrictions, as the Council determines appropriate, if the
Council determines that such modification or removal is
necessary to better achieve an educational or scientific
purpose of the collector.
SEC. 8. CIVIL PENALTIES.
(a) AUTHORITY- The Federal land manager may assess a civil
penalty of more than $1,000 but not more than $100,000 against any
person who--
(1) willfully violates any provision of this Act, permit
issued under this Act, or rule or regulation promulgated by the
Federal land manager pursuant to this Act, including quarrying,
removing, damaging, or otherwise altering or defacing, or
attempting to quarry, remove, damage, or otherwise alter or
deface, a fossil located on Federal land in violation of this
Act or a permit issued under this Act;
(2) knowingly sells, purchases, exchanges, transports,
receives, or offers to sell, purchase, or exchange a fossil if
the fossil was quarried or removed from Federal lands in
violation of paragraph (1) or in violation of a law, ordinance,
or permit in effect under any other provision of Federal law;
(3) submits false, inaccurate, or misleading information on
any application for a permit issued pursuant to this Act; or
(4) fails to make or file any report required by this Act.
(b) MITIGATION OF PENALTY- The Secretary may compromise, modify,
or remit, with or without conditions, any civil penalty which may
be imposed under this subsection.
(c) Interest-
(1) DATE ACCRUAL BEGINS- Interest shall accrue on a civil
penalty imposed under this section on the later of--
(A) the date on which the order of the Federal land
manager becomes final, unless an action for judicial review
is brought in accordance with chapters 5 and 7 of title 5,
United States Code; and
(B) the date on which a final judgment is entered
pursuant to an action referred to in subparagraph (A).
(2) RATE- Interest for a period under paragraph (1) shall be
at the rates specified for underpayments under section 6621 of
the Internal Revenue Code of 1986.
SEC. 9. NATIONAL FOSSIL COUNCIL.
(a) ESTABLISHMENT- The Director of the United States Geological
Survey shall establish a council to be known as the `National
Fossil Council'.
(b) DUTIES- The Council--
(1) during the six-month period beginning on the date of the
appointment of the initial members under subsection (c)(2)--
(A) shall develop guidelines and parameters for
determining `scientifically unique';
(B) shall develop procedures for identifying specimens as
scientifically unique, including procedures for cases in
which the determination is made during the collection
process or after the removal of the specimen from Federal
lands;
(C) shall develop a procedure for advising the Federal
land manager on scientifically unique fossils upon request
of the Federal land manager;
(D) shall develop guidelines for the Federal land manager
to determine which lands to close for reconnaissance
collecting;
(E) shall develop procedures for processing appeals of a
Federal land manager's decisions with respect to the
determination of scientifically unique;
(F) shall develop guidelines for the minimum acceptable
qualifications of collectors for each type of permit under
section 5;
(G) shall establish the royalty rate required by section
6; and
(H) may define or provide guidelines for determining
which groups may engage in collecting for educational
purposes without a permit under section 5(b)(2);
(2) provide advice to the Federal land managers in carrying
out this Act;
(3) review permit applications rejected pursuant to section
4(d) on the basis of scientifically unique fossils;
(4) review the procedures by which this Act is enforced to
ensure uniformity of regulation consistent with this Act among
Federal land management agencies; and
(5) carry out the other duties required by this Act.
(c) Membership-
(1) IN GENERAL- The Council shall be composed of seven
members, as follows:
(A) The Director of the Geological Survey (or designee),
ex officio, who shall serve as the chair of the Council.
(B) One individual appointed by the Director, after
considering recommendations made by the United States
National Museum.
(C) One individual appointed by the Director, after
considering recommendations made by the Society of
Vertebrate Paleontology.
(D) One individual appointed by the Director, after
considering recommendations made by the Paleontological
Society.
(E) One individual who shall be representative of the
Federal land managers, appointed by the Director after
considering recommendations made by the Secretary of the
Interior and the Secretary of Agriculture.
(F) One individual appointed by the Director, after
considering recommendations made by the American
Association of Paleontological Suppliers.
(G) One individual appointed by the Director, after
considering recommendations made by the Mid America
Paleontological Societies and the American Federation of
Mineralogical Societies.
(2) INITIAL APPOINTMENTS- The Director shall make the
appointments of the initial members within 60 days after the
date of enactment of this Act.
(d) Terms-
(1) IN GENERAL- Each member appointed under subsection (c)
shall be appointed for a term of five years, except as provided
in paragraphs (2) and (3).
(2) TERMS OF INITIAL APPOINTEES- As designated by the
Director at the time of appointment, of the members first
appointed--
(A) two shall be appointed for terms of three years; and
(B) two shall be appointed for terms of four years.
(3) VACANCIES- Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office. A vacancy in the Council shall be filled in the manner
in which the original appointment was made.
(e) BASIC PAY- Members shall serve without pay, and members who
are full-time officers or employees of the United States may not
receive additional pay, allowances, or benefits by reason of their
service on the Council.
(f) Quorum and Vote Required-
(1) IN GENERAL- Five members of the Council shall constitute
a quorum but a lesser number may hold hearings. Except as
provided by paragraph (2), actions may be taken upon
affirmative vote by a majority decision, a quorum being present.
(2) DESIGNATION OF SCIENTIFICALLY UNIQUE- (A) Designating a
fossil as scientifically unique in connection with a commercial
permit requires an affirmative vote of five members of the
Council.
(B) In an appeal of a decision of a Federal land manager
under section 4(d)(2), an affirmative vote of five members of
the Council is required to modify or reverse the decision.
(g) MEETINGS- The Council shall meet at the call of the Chair or
as otherwise provided by this section.
(h) STAFF OF FEDERAL AGENCIES- Upon request of the Chair, the
head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or
agency to the Council to assist it in carrying out its duties under
this Act.
(i) MAILS- The Council may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 10. REGULATIONS.
(a) General Regulations-
(1) ISSUANCE- Not later than one year after the date of the
enactment of this Act, the Secretary of the Interior, the
Secretary of Agriculture, and the Secretary of the Army, after
consultation with other Federal land managers and
representatives of concerned State agencies, after review and
comment by the Council, and after public notice and hearings,
shall each issue as soon as practicable, such regulations as
are appropriate to carry out this Act. Such regulations shall
be as uniform as possible and where not possible, shall include
a list of all instances in which such regulations are not
uniform and the reasons therefor.
(2) SUBMISSION TO CONGRESS- The regulations issued under this
Act shall be submitted to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate and may not take effect before
the expiration of the 90-date period following the date of
submission.
(b) LAND MANAGEMENT PLANS- Each Federal land manager shall amend
management plans as necessary to conform to this Act and the
regulations issued under subsection (a).
Please send any comments or requests for information to AGI Government Affairs Programgovt@agiweb.org
Last updated July 15, 1996 by Heidi Mohlman, AGI Government Affairs intern
American Geological Institute Home Page
Government Affairs Program Home Page