Fossils On Public Lands (6-30-08) 
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. Omnibus Public Lands Bill Introduced The full text of the bill will be available soon at: http://thomas.loc.gov/ (06/08) Fossil Preservation Act Being Considered in House The bill would make it unlawful to remove paleontological resources from federal lands without a permit. The permit’s conditions are that the fossils collected remain the property of the United States and that they be made available for scientific research and public education. Casual collection of a reasonable amount of common invertebrate and plant fossils for non-commercial use would still be allowed. H.R. 554’s companion bill in the Senate, S. 320, introduced by Senator Daniel Akaka (D-HI), has been passed out of the Senate Committee on Energy and Natural Resources and placed on the legislative calendar for consideration by the full Senate. (05/08) Paleontological Resources Preservation Act Introduced in Senate 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 McGovern’s (D-MA) similar bill (H.R. 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 109th 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, and Erin Gleeson, 2007 AGI/AAPG Spring
Intern. Please send any comments or requests for information to AGI Government Affairs Program. Last updated on June 30, 2008 |