Fossils On Public Lands (10-17-05)
The protection and preservation of fossils on public lands remains
a contentious subject as paleontological societies have been working
with both Congress and federal agencies, such as the Bureau of Land
Management, the National Park Service and the Forest Service, to
develop comprehensive legislation to prevent damage and the unauthorized
removal of fossils from public lands. Such efforts also must take
into account issues such as maintaining appropriate accessibility
to amateur fossil collectors and commercial fossil interests must
also be considered.
On July 26, 2005, the Senate passed the Paleontological Resources
Preservation Act (S.
263) by unanimous consent after gaining approval by the Senate
Committee on Energy and Natural Resources without any major amendments.
The bill is now awaiting action within the House Committee on Resources
and the Committee on Agriculture. Read a summary of the legislation
link, or access the Senate Committee's report,
which describes the purpose and intent of the bill's provisions. (10/17/05)
On February 2, 2005 Daniel Akaka (D-HI) reintroduced the Paleontological
Resources Preservation Act (S.
263), which is identical to S. 546 as introduced in the 108th
Congress. The bill would direct the Secretary of the Interior to coordinate
activites to monitor and protect paleontological resources on public
lands. These activities would include a permit system to control fossil
collection, penalties for theft or vandalism of fossil resources,
and a public awareness program. In an open business session on March
9, 2005 the Senate Energy and Natural Resources Committee approved
the legislation, passing it to the Senate floor with minor, technical
here for the report accompanying the bill. (3/18/05)
In response to a congressional request, eight federal agencies released
the report Fossils
on Federal and Indian Lands in May 2000. The report acknowledged
the importance of fossils to the heritage of the United States, and
that they are a rare resource containing scientific, educational,
commercial, and recreational values. Further, the myriad of collection
requirements for fossils across federal land management agencies was
due to the varying legal mandates and missions of each agency. In
order to remedy the situation and keep scientifically important specimens
in the public trust, the report recommended a framework of fossil
management analogous to the Archeological Resources Protection Act
of 1979. Any future action should increase penalties for fossil theft
from federal lands with consideration given to the value of fossils
and any damage caused to them, restrict collection of vertebrate fossil
to qualified personnel, recognize the rarity of some invertebrate
and plant fossils, and emphasize the education of federal managers,
prosecutors, and law enforcement personnel on the value of fossils.
On June 25, 2003, the Senate Energy and Natural Resources Committee
passed S. 546 without controversy after holding a hearing
on June 10th. The committee issued S.
Rpt. 108-93 to accompany the bill on July 11, 2003. The bill,
introduced on March 6 by Sen. Daniel Akaka (D-HI), recognizes that
fossils are an irreplaceable part of America's heritage and seeks
to establish a comprehensive national policy on the permitting, management,
and usage of paleontological resources found on federal lands. The
Senate then passed an amended version of S.
546, also known as the Paleontological Resources Preservation
Act, by unanimous consent on July 17, 2003. It was subsequently referred
to the House Committees on Resources and Agriculture, each of which
has jurisdiction over some agencies covered by the bill.
The House Resources Subcommittees on Fisheries and Forests held a
joint hearing on June
19th regarding Rep. James McGoverns (D-MA) similar bill
2416). Both H.R. 2416 and S. 546 increase criminal penalties for
theft or vandalism of paleontological resources on federal lands in
an effort to curb the sale of stolen fossils on the black market.
Both bills also exempt casual collectors from permitting requirements,
as long as their collecting is restricted to invertebrate and plant
fossils. Collection of vertebrate fossils would require permits. S.546
was passed by unanimous consent in the Senate in July of 2003. Notice
was sent to the house and HR. 2416 was referred to House Subcommittee
on Department Operations, Oversight, Nutrition and Forestry. No action
was taken by the Subcommittee.
Additional information from the 108th Congress:
Sources: Fossils on Federal and Indian Lands amd THOMAS website.
Contributed by David R. Millar 2004 AGI/AAPG Fall Semester Intern,
Katie Ackerly, 2005 AGI/AAPG Spring Intern. Emily Lehr Wallace, AGI
Government Affairs Program
Background section includes material from AGI's updates on Museums,
Fossils and Public Lands and Fossils
on Public Lands for the 108th Congress.
Please send any comments or requests for information to AGI Government Affairs Program.
Last updated on October 17, 2005