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Calendar No. 201
108th CONGRESS
1st Session
S. 546
[Report No. 108-93]
To provide for the protection of paleontological resources on Federal
lands, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2003
Mr. Akaka (for himself, Mr. Baucus, Mr. Campbell, Mr. Durbin, Mrs.
Feinstein, Mr. Roberts, Mr. Leahy, Mr. Wyden, and Mr. Bunning)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
July 11, 2003
Reported by Mr. Domenici, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for the protection of paleontological resources on Federal
lands, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Paleontological Resources
Preservation Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> The Congress finds the following:</DELETED>
<DELETED> (1) Paleontological resources are nonrenewable.
Such resources on Federal lands are an accessible and
irreplaceable part of the heritage of the United States and
offer significant educational opportunities to all
citizens.</DELETED>
<DELETED> (2) Existing Federal laws, statutes, and other
provisions that manage paleontological resources are not
articulated in a unified national policy for Federal land
management agencies and the public. Such a policy is needed to
improve scientific understanding, to promote responsible
stewardship, and to facilitate the enhancement of responsible
paleontological collecting activities on Federal
lands.</DELETED>
<DELETED> (3) Consistent with the statutory provisions
applicable to each Federal land management system, reasonable
access to paleontological resources on Federal lands should be
provided for scientific, educational, and recreational
purposes.</DELETED>
<DELETED>SEC. 3. PURPOSE.</DELETED>
<DELETED> The purpose of this Act is to establish a comprehensive
national policy for preserving and managing paleontological resources
on Federal lands.</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> As used in this Act:</DELETED>
<DELETED> (1) Casual collecting.--The term ``casual
collecting'' means the collecting of a reasonable amount of
common invertebrate and plant paleontological resources for
personal (scientific, educational, or recreational) use, either
by surface collection or using non-powered hand tools resulting
in only negligible disturbance to the Earth's surface and other
resources.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior with respect to lands administered by
the Secretary of the Interior or the Secretary of Agriculture
with respect to National Forest System Lands administered by
the Secretary of Agriculture.</DELETED>
<DELETED> (3) Federal lands.--The term ``Federal lands''
means lands administered by the Secretary of the Interior,
except Indian lands, or National Forest System Lands
administered by the Secretary of Agriculture.</DELETED>
<DELETED> (4) Indian lands.--The term ``Indian Lands'' means
lands of Indian tribes, or Indian individuals, which are either
held in trust by the United States or subject to a restriction
against alienation imposed by the United States.</DELETED>
<DELETED> (5) State.--The term ``State'' means the fifty
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any other territory or possession of the United
States.</DELETED>
<DELETED> (6) Paleontological resource.--The term
``paleontological resource'' means any fossilized remains,
traces, or imprints of organisms, preserved in or on the
earth's crust, that are of paleontological interest and that
provide information about the history of life on earth, except
that the term does not include--</DELETED>
<DELETED> (A) any materials associated with an
archaeological resource (as defined in section 3(1) of
the Archaeological Resources Protection Act of 1979 (16
U.S.C. 470bb(1)); or</DELETED>
<DELETED> (B) any cultural item (as defined in
section 2 of the Native American Graves Protection and
Rehabilitation Act (25 U.S.C. 3001)).</DELETED>
<DELETED>SEC. 5. MANAGEMENT.</DELETED>
<DELETED> (a) In General.--The Secretary shall manage and protect
paleontological resources on Federal lands using scientific principles
and expertise. The Secretary shall develop appropriate plans for
inventory, monitoring, and the scientific and educational use of
paleontological resources, in accordance with applicable agency laws,
regulations, and policies. These plans shall emphasize interagency
coordination and collaborative efforts where possible with non-Federal
partners, the scientific community, and the general public.</DELETED>
<DELETED> (b) Coordination of Implementation.--To the extent
possible, the Secretary of the Interior and the Secretary of
Agriculture shall coordinate in the implementation of this
Act.</DELETED>
<DELETED>SEC. 6. PUBLIC AWARENESS AND EDUCATION PROGRAM.</DELETED>
<DELETED> The Secretary shall establish a program to increase public
awareness about the significance of paleontological
resources.</DELETED>
<DELETED>SEC. 7. COLLECTION OF PALEONTOLOGICAL RESOURCES.</DELETED>
<DELETED> (a) Permit Requirement.--</DELETED>
<DELETED> (1) In general.--Except as provided in this Act, a
paleontological resource may not be collected from Federal
lands without a permit issued under this Act by the
Secretary.</DELETED>
<DELETED> (2) Casual collecting exception.--The Secretary
may allow casual collecting without a permit on Federal lands
administered by the Bureau of Land Management, the Bureau of
Reclamation, and the U.S. Forest Service, where such collection
is not inconsistent with the laws governing the management of
those Federal lands and this Act.</DELETED>
<DELETED> (3) Previous permit exception.--Nothing in this
section shall affect a valid permit issued prior to the date of
enactment of this Act.</DELETED>
<DELETED> (b) Criteria for Issuance of a Permit.--The Secretary may
issue a permit for the collection of a paleontological resource
pursuant to an application if the Secretary determines that--</DELETED>
<DELETED> (1) the applicant is qualified to carry out the
permitted activity;</DELETED>
<DELETED> (2) the permitted activity is undertaken for the
purpose of furthering paleontological knowledge or for public
education;</DELETED>
<DELETED> (3) the permitted activity is consistent with any
management plan applicable to the Federal lands concerned;
and</DELETED>
<DELETED> (4) the proposed methods of collecting will not
threaten significant natural or cultural resources.</DELETED>
<DELETED> (c) Permit Specifications.--A permit for the collection of
a paleontological resource issued under this section shall contain such
terms and conditions as the Secretary deems necessary to carry out the
purposes of this Act. Every permit shall include requirements that--
</DELETED>
<DELETED> (1) the paleontological resource that is collected
from Federal lands under the permit will remain the property of
the United States;</DELETED>
<DELETED> (2) the paleontological resource and copies of
associated records will be preserved for the public in an
approved repository, to be made available for scientific
research and public education; and</DELETED>
<DELETED> (3) specific locality data will not be released by
the permittee or repository without the written permission of
the Secretary.</DELETED>
<DELETED> (d) Modification, Suspension, and Revocation of Permits.--
</DELETED>
<DELETED> (1) The Secretary may modify, suspend, or revoke a
permit issued under this section--</DELETED>
<DELETED> (A) for resource, safety, or other
management considerations; or</DELETED>
<DELETED> (B) when there is a violation of term or
condition of a permit issued pursuant to this
section.</DELETED>
<DELETED> (2) The permit shall be revoked if any person
working under the authority of the permit is convicted under
section 9 or is assessed a civil penalty under section
10.</DELETED>
<DELETED> (e) Area Closures.--In order to protect paleontological or
other resources and to provide for public safety, the Secretary may
restrict access to or close areas under the Secretary's jurisdiction to
the collection of paleontological resources.</DELETED>
<DELETED>SEC. 8. CURATION OF RESOURCES.</DELETED>
<DELETED> Any paleontological resource, and any data and records
associated with the resource, collected under a permit, shall be
deposited in an approved repository. The Secretary may enter into
agreements with non-Federal repositories regarding the curation of
these resources, data, and records.</DELETED>
<DELETED>SEC. 9. PROHIBITED ACTS; PENALTIES.</DELETED>
<DELETED> (a) In General.--A person may not--</DELETED>
<DELETED> (1) excavate, remove, damage, or otherwise alter
or deface or attempt to excavate, remove, damage, or otherwise
alter or deface any paleontological resources located on
Federal lands unless such activity is conducted in accordance
with this Act;</DELETED>
<DELETED> (2) exchange, transport, export, receive, or offer
to exchange, transport, export, or receive any paleontological
resource if, in the exercise of due care, the person knew or
should have known such resource to have been excavated,
removed, exchanged, transported, or received from Federal lands
in violation of any provisions, rule, regulation, law,
ordinance, or permit in effect under Federal law, including
this Act; or</DELETED>
<DELETED> (3) sell or purchase or offer to sell or purchase
any paleontological resource if, in the exercise of due care,
the person knew or should have known such resource to have been
excavated, removed, sold, purchased, exchanged, transported, or
received from Federal lands.</DELETED>
<DELETED> (b) False Labeling Offenses.--A person may not make or
submit any false record, account, or label for, or any false
identification of, any paleontological resource excavated or removed
from Federal lands.</DELETED>
<DELETED> (c) Penalities.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraphs
(2) and (3), a person who knowingly violates or counsels,
procures, solicits, or employs another person to violate
subsection (a) or (b) shall, upon conviction, be guilty of a
class A misdemeanor.</DELETED>
<DELETED> (2) Damage over $1,000.--If the sum of the
scientific or fair market value of the paleontological
resources involved and the cost of restoration and repair of
such resources exceeds the sum of $1,000, such person shall,
upon conviction, be guilty of a class E felony.</DELETED>
<DELETED> (3) Multiple offenses.--In the case of a second or
subsequent such violation, such person shall, upon conviction,
be guilty of a class D felony.</DELETED>
<DELETED> (d) General Exception.--Nothing in subsection (a) shall
apply to any person with respect to any palentological resource which
was in the lawful possession of such person prior to the date of the
enactment of this Act.</DELETED>
<DELETED>SEC. 10. CIVIL PENALTIES FOR VIOLATIONS OF REGULATIONS OR
PERMIT CONDITIONS.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Hearing.--A person who violates any
prohibition contained in an applicable regulation or permit
issued under this Act may be assessed a penalty by the
Secretary after the person is given notice and opportunity for
a hearing with respect to the violation. Each violation shall
be considered a separate offense for purposes of this
section.</DELETED>
<DELETED> (2) Amount of penalty.--The amount of such penalty
assessed under paragraph (1) shall be determined under
regulations promulgated pursuant to this Act, taking into
account the following factors:</DELETED>
<DELETED> (A) The scientific or fair market value,
whichever is greater, of the paleontological resource
involved.</DELETED>
<DELETED> (B) The cost of response, restoration, and
repair of the resource and the paleontolgical site
involved.</DELETED>
<DELETED> (C) Any other factors considered relevant
by the Secretary assessing the penalty.</DELETED>
<DELETED> (3) Multiple offenses.--In the case of a second or
subsequent violation by the same person, the amount of a
penalty assessed under paragraph (2) may be doubled.</DELETED>
<DELETED> (4) Limitation.--The amount of any penalty
assessed under this subsection for any one violation shall not
exceed an amount equal to double the cost of response,
restoration, and repair of resources and paleontological site
damage plus double the scientific or fair market value of
resources destroyed or not recovered.</DELETED>
<DELETED> (b) Petition for Judicial Review; Collection of Unpaid
Assessments.--Any person against whom an order is issued assessing a
penalty under subsection (a) may file a petition for judicial review of
the order with an appropriate Federal district court within the 30-day
period beginning on the date the order making the assessment was
issued. The court shall hear the action on the record made before the
Secretary and shall sustain the action if it is supported by
substantial evidence on the record considered as a whole.</DELETED>
<DELETED> (c) Hearings.--Hearings held during proceedings instituted
under subsection (a) shall be conducted in accordance with section 554
of title 5, United States Code.</DELETED>
<DELETED> (d) Use of Recovered Amounts.--Penalties collected under
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