Paleontological Resources Preservation Act: Proposal for the Management and Protection of Fossil Resources Located on Federal Lands

Publication Date: September 2004

Publisher: Library of Congress. Congressional Research Service

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Research Area: Environment

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Abstract:

Approximately 30% of the land in the United States is under the control of federal land managers. Much of this public land is rich in paleontological [fossil] resources. Concern has been expressed over the management, conservation, and protection of these resources.

There is no comprehensive statute or management policy for the protection or management of fossils located on federal lands. Federal authority for the management of such resources may be derived from a number of general statutes relating to the protection of public properties. The applicability of some of these statutes, such as the Antiquities Act and the Archeological Resources Protection Act, is uncertain or limited. General authority for fossil protection also may be derived from general criminal theft statutes dealing with the theft of government property and from certain site-specific statutes. There may also be certain regulatory authority which is provided by the statutes governing each agency's operations.

In May 2000, the Secretary of the Interior released a comprehensive report concerning the management of fossils which are located on federal and Indian lands. The report was prepared at the request of Congress and it is considered to be the authoritative study of fossils on these lands. It has served as an impetus for federal legislation. The report outlined seven principles for the effective management of fossils which are located on federal land.

Legislative activity concerning the protection of fossils located on federal lands has occurred in both the 107th and 108th Congresses. There have been two types of legislation: one type deals with specific fossil resources at a particular location; the other type provides comprehensive management and protection authority for fossils located on federal lands. In the 108th Congress, the Senate passed S. 546, the Paleontological Resources Preservation Act. The bill has been referred to two House committees. H.R. 2416, a similar bill, has been introduced in the House. The two bills provide a comprehensive approach to the management of fossils on federal lands, providing uniform definitions, public programs, specific prohibitions, permit procedures, and civil and criminal penalties. The bills would not modify the general mining or reclamation laws, or apply to lands other than federal lands.