[Rockhounds] PRPA now public law
Jay Bates
jaybates at rcn.com
Wed Apr 1 12:30:28 PDT 2009
Tim I was not responding to your posting, but to Kris.
Here is the text of the Paleontology Resources Preservation Act as
signed by the President into law on Monday.
See section 6304. (2), the amendment changed the wording from "may allow
casual collecting" to "shall allow casual collecting". THIS A VERY
IMPORTANT CHANGE THAT STATES THAT CASUAL COLLECTION SHALL BE ALLOWED AND
IS NOT A DISCRETIONARY DECISION.
See also 6308. (b), this was a very important provision of the bill that
was amended by Sen. Coburn removing the provision for the confiscation
of vehicles and personal property.
Subtitle D--Paleontological Resources Preservation
*SEC. 6301. DEFINITIONS.*
In this subtitle:
(1) *CASUAL COLLECTING.--*The term ``casual collecting'' means the
collecting of a reasonable amount of common invertebrate and plant
paleontological resources for non-commercial personal use, either by
surface collection or the use of non-powered hand tools resulting in
only negligible disturbance to the Earth's surface and other resources.
As used in this paragraph, the terms ``reasonable amount'', ``common
invertebrate and plant paleontological resources'' and ``negligible
disturbance'' shall be determined by the Secretary.
(2) *FEDERAL LAND.--*The term ``Federal land'' means--
(A) land controlled or administered by the Secretary of the
Interior, except Indian land; or
(B) National Forest System land controlled or administered by the
Secretary of Agriculture.
(3) *INDIAN LAND.--*The term ``Indian Land'' means land 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.
(4) *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--
(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
(B) any cultural item (as defined in section 2 of the Native
American Graves Protection and Repatriation Act (25 U.S.C. 3001)).
(5) *SECRETARY.--*The term ``Secretary'' means the Secretary of the
Interior with respect to land controlled or administered by the
Secretary of the Interior or the Secretary of Agriculture with respect
to National Forest System land controlled or administered by the
Secretary of Agriculture.
(6) *STATE.--*The term ``State'' means the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, and any other territory or
possession of the United States.
*SEC. 6302. MANAGEMENT.*
(a) /In General/.--The Secretary shall manage and protect
paleontological resources on Federal land 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.
(b) /Coordination/.--To the extent possible, the Secretary of the
Interior and the Secretary of Agriculture shall coordinate in the
implementation of this subtitle.
*SEC. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM.*
The Secretary shall establish a program to increase public awareness
about the significance of paleontological resources.
*SEC. 6304. COLLECTION OF PALEONTOLOGICAL RESOURCES.*
(a) /Permit Requirement/.--
(1) *IN GENERAL.--*Except as provided in this subtitle, a
paleontological resource may not be collected from Federal land without
a permit issued under this subtitle by the Secretary.
(2) *CASUAL COLLECTING EXCEPTION.--*The Secretary shall allow casual
collecting without a permit on Federal land controlled or administered
by the Bureau of Land Management, the Bureau of Reclamation, and the
Forest Service, where such collection is consistent with the laws
governing the management of those Federal land and this subtitle.
(3) *PREVIOUS PERMIT EXCEPTION.--*Nothing in this section shall
affect a valid permit issued prior to the date of enactment of this Act.
(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--
(1) the applicant is qualified to carry out the permitted activity;
(2) the permitted activity is undertaken for the purpose of
furthering paleontological knowledge or for public education;
(3) the permitted activity is consistent with any management plan
applicable to the Federal land concerned; and
(4) the proposed methods of collecting will not threaten significant
natural or cultural resources.
(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 subtitle. Every permit shall include requirements that--
(1) the paleontological resource that is collected from Federal land
under the permit will remain the property of the United States;
(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
(3) specific locality data will not be released by the permittee or
repository without the written permission of the Secretary.
(d) /Modification, Suspension, and Revocation of Permits/.--
(1) The Secretary may modify, suspend, or revoke a permit issued
under this section--
[Page: H3901] * GPO's PDF <http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2009_record&page=H3901&position=all>*
(A) for resource, safety, or other management considerations; or
(B) when there is a violation of term or condition of a permit
issued pursuant to this section.
(2) The permit shall be revoked if any person working under the
authority of the permit is convicted under section 6306 or is assessed a
civil penalty under section 6307.
(e) /Area Closures/.--In order to protect paleontological or other
resources or 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.
*SEC. 6305. CURATION OF RESOURCES.*
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.
*SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES.*
(a) /In General/.--A person may not--
(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 land unless such activity
is conducted in accordance with this subtitle;
(2) exchange, transport, export, receive, or offer to exchange,
transport, export, or receive any paleontological resource if the person
knew or should have known such resource to have been excavated or
removed from Federal land in violation of any provisions, rule,
regulation, law, ordinance, or permit in effect under Federal law,
including this subtitle; or
(3) sell or purchase or offer to sell or purchase any
paleontological resource if the person knew or should have known such
resource to have been excavated, removed, sold, purchased, exchanged,
transported, or received from Federal land.
(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 land.
(c) /Penalties/.--A person who knowingly violates or counsels,
procures, solicits, or employs another person to violate subsection (a)
or (b) shall, upon conviction, be fined in accordance with title 18,
United States Code, or imprisoned not more than 5 years, or both; but if
the sum of the commercial and paleontological value of the
paleontological resources involved and the cost of restoration and
repair of such resources does not exceed $500, such person shall be
fined in accordance with title 18, United States Code, or imprisoned not
more than 2 years, or both.
(d) /Multiple Offenses/.--In the case of a second or subsequent
violation by the same person, the amount of the penalty assessed under
subsection (c) may be doubled.
(e) /General Exception/.--Nothing in subsection (a) shall apply to
any person with respect to any paleontological resource which was in the
lawful possession of such person prior to the date of enactment of this Act.
*SEC. 6307. CIVIL PENALTIES.*
(a) /In General/.--
(1) *HEARING.--*A person who violates any prohibition contained in
an applicable regulation or permit issued under this subtitle 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.
(2) *AMOUNT OF PENALTY.--*The amount of such penalty assessed under
paragraph (1) shall be determined under regulations promulgated pursuant
to this subtitle, taking into account the following factors:
(A) The scientific or fair market value, whichever is greater, of
the paleontological resource involved, as determined by the Secretary.
(B) The cost of response, restoration, and repair of the resource
and the paleontological site involved.
(C) Any other factors considered relevant by the Secretary assessing
the penalty.
(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.
(4) *LIMITATION.--*The amount of any penalty assessed under this
subsection for any 1 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.
(b) /Petition for Judicial Review; Collection of Unpaid Assessments/.--
(1) *JUDICIAL REVIEW.--*Any person against whom an order is issued
assessing a penalty under subsection (a) may file a petition for
judicial review of the order in the United States District Court for the
District of Columbia or in the district in which the violation is
alleged to have occurred within the 30-day period beginning on the date
the order making the assessment was issued. Upon notice of such filing,
the Secretary shall promptly file such a certified copy of the record on
which the order 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.
(2) *FAILURE TO PAY.--*If any person fails to pay a penalty under
this section within 30 days--
(A) after the order making assessment has become final and the
person has not filed a petition for judicial review of the order in
accordance with paragraph (1); or
(B) after a court in an action brought in paragraph (1) has entered
a final judgment upholding the assessment of the penalty, the Secretary
may request the Attorney General to institute a civil action in a
district court of the United States for any district in which the person
if found, resides, or transacts business, to collect the penalty (plus
interest at currently prevailing rates from the date of the final order
or the date of the final judgment, as the case may be). The district
court shall have jurisdiction to hear and decide any such action. In
such action, the validity, amount, and appropriateness of such penalty
shall not be subject to review. Any person who fails to pay on a timely
basis the amount of an assessment of a civil penalty as described in the
first sentence of this paragraph shall be required to pay, in addition
to such amount and interest, attorneys fees and costs for collection
proceedings.
(c) /Hearings/.--Hearings held during proceedings instituted under
subsection (a) shall be conducted in accordance with section 554 of
title 5, United States Code.
(d) /Use of Recovered Amounts/.--Penalties collected under this
section shall be available to the Secretary and without further
appropriation may be used only as follows:
(1) To protect, restore, or repair the paleontological resources and
sites which were the subject of the action, and to protect, monitor, and
study the resources and sites.
(2) To provide educational materials to the public about
paleontological resources and sites.
(3) To provide for the payment of rewards as provided in section 6308.
*SEC. 6308. REWARDS AND FORFEITURE.*
(a) /Rewards/.--The Secretary may pay from penalties collected under
section 6306 or 6307 or from appropriated funds--
(1) consistent with amounts established in regulations by the
Secretary; or
(2) if no such regulation exists, an amount up to 1/2 of the
penalties, to any person who furnishes information which leads to the
finding of a civil violation, or the conviction of criminal violation,
with respect to which the penalty was paid. If several persons provided
the information, the amount shall be divided among the persons. No
officer or employee of the United States or of any State or local
government who furnishes information or renders service in the
performance of his official duties shall be eligible for payment under
this subsection.
(b) /Forfeiture/.--All paleontological resources with respect to
which a violation under section 6306 or 6307 occurred and which are in
the possession of any person, shall be subject to civil forfeiture, or
upon conviction, to criminal forfeiture.
(c) /Transfer of Seized Resources/.--The Secretary may transfer
administration of seized paleontological resources to Federal or
non-Federal educational institutions to be used for scientific or
educational purposes.
*SEC. 6309. CONFIDENTIALITY.*
Information concerning the nature and specific location of a
paleontological resource shall be exempt from disclosure under section
552 of title 5, United States Code, and any other law unless the
Secretary determines that disclosure would--
(1) further the purposes of this subtitle;
(2) not create risk of harm to or theft or destruction of the
resource or the site containing the resource; and
(3) be in accordance with other applicable laws.
*SEC. 6310. REGULATIONS.*
As soon as practical after the date of enactment of this Act, the
Secretary shall issue such regulations as are appropriate to carry out
this subtitle, providing opportunities for public notice and comment.
*SEC. 6311. SAVINGS PROVISIONS.*
Nothing in this subtitle shall be construed to--
(1) invalidate, modify, or impose any additional restrictions or
permitting requirements on any activities permitted at any time under
the general mining laws, the mineral or geothermal leasing laws, laws
providing for minerals materials disposal, or laws providing for the
management or regulation of the activities authorized by the
aforementioned laws including but not limited to the Federal Land Policy
Management Act (43 U.S.C. 1701-1784), Public Law 94-429 (commonly known
as the ``Mining in the Parks Act'') (16 U.S.C. 1901 et seq.), the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201-1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551);
(2) invalidate, modify, or impose any additional restrictions or
permitting requirements on any activities permitted at any time under
existing laws and authorities relating to reclamation and multiple uses
of Federal land;
(3) apply to, or require a permit for, casual collecting of a rock,
mineral, or invertebrate or plant fossil that is not protected under
this subtitle;
(4) affect any land other than Federal land or affect the lawful
recovery, collection, or sale of paleontological resources from land
other than Federal land;
(5) alter or diminish the authority of a Federal agency under any
other law to provide protection for paleontological resources on Federal
land in addition to the protection provided under this subtitle; or
(6) create any right, privilege, benefit, or entitlement for any
person who is not an officer or employee of the United States acting in
that capacity. No person who is not an officer or employee of the United
States acting in that capacity shall have standing to file any civil
action in a court of the United States to enforce any provision or
amendment made by this subtitle.
*SEC. 6312. AUTHORIZATION OF APPROPRIATIONS.*
There are authorized to be appropriated such sums as may be
necessary to carry out this subtitle.
Tim wrote:
> I don't get it Jay. What are you responding to? I merely forwarded the
> notice from the SVPA that the bill had passed since no one else seems to
> have noticed. AFAIK, the bill never mentioned nor affected the collecting of
> petrified wood. The amendment you are apparently referring to makes no
> comment nor does it mention petrified wood, plant, or any other specific
> fossils:
>
> (8) S.Amdt. 682 by Sen. Coburn [R-OK]
> To protect scientists and visitors to federal lands from unfair penalties
> for collecting insignificant rocks.
> Proposed: Mar 17, 2009. Accepted: Mar 19, 2009.
>
> http://www.govtrack.us/congress/amendment.xpd?session=111&amdt=s682
>
> Tim Fisher
> Ore-ROCK-On!
> Email address at http://OreRockOn.com
>
> -----Original Message-----
> From: rockhounds-bounces at lists.drizzle.com
> [mailto:rockhounds-bounces at lists.drizzle.com] On Behalf Of Jay Bates
> Sent: Tuesday, March 31, 2009 5:19 PM
> To: Rockhounds at drizzle.com: A mailing list for rock and gem collectors
> Subject: Re: [Rockhounds] PRPA now public law
>
> "Nothing in the Omnibus bill changes the regs on pet wood. S. 684
> (including S. 682 amendment) deals with the collection of vertebrate
> fossils on public lands. The amendment by Sen Coburn saves our bacon
> from being fried for picking up other, insignificant fossil material.
> Pet wood is still 25 lbs per day, plus one piece, not to exceed 250 lbs
> per year, FROM PUBLIC LANDS." It was not friendly public servants that
> got the language of the law changed to maintain the status quo, but
> pressure brought to bear by rock-hounding groups and an amendment by
> Senator Coburn.
>
>
> Kris Rowe wrote:
>
>> Tim, thanks for making this post that makes the purpose, intent & word of
>> the PRPA crystal clear. In the past, I've been one of those who've
>>
> obviously
>
>> been misinformed on this issue, and looked as it as simply another Federal
>> power grab, designed to exclude rockhounds from collecting on public
>>
> lands.
>
>> It's heartening to see that, rather than restricting the obviously large
>> impact that amateurs have had on paleontology, the professionals &
>>
> educators
>
>> are actively working to make that impact sustainable. The nightmare
>>
> scenario
>
>> of fossils eroding out of their protecting formations only to be left upon
>> the surface and lost forever to the elements, will hopefully never become
>> reality.
>> In addition, thanks for posting the link to the SVP, since the flip side
>>
> of
>
>> that nightmare is that collectors will be made totally ineffective, not by
>> the statute itself, but by an uncaring and disinterested bureaucracy that
>> simply shrugs its shoulders and says "It's not my job" when informed of a
>> potential find.
>>
>> I'm hopeful that this might signal a friendlier attitude toward
>> conservationist collectors, both commercial and amateur. We all know of
>>
> and
>
>> have visited deposits that have been savaged, and then closed after
>>
> misuse
>
>> and abuse, most often by non-rockhounds. We've also seen how an uncaring
>>
> and
>
>> territorial bureaucracy has closed an area, rather than seeking out
>>
> private
>
>> partners, societies & clubs to assist in maintaining and insuring proper
>> conservation.
>>
>> Thankfully, in many areas, the "uncaring" bureaucrat has given way to
>> proactive public servants who understand that conservationist policies,
>> rather than ex-clusive "environmentalism", are the best way to insure that
>> the public learns to care about sustainability. As a "pebble-pup," I was
>> trained by my mother to respect the land and its inhabitants, and to treat
>> it as I wish to be treated.
>>
>> I commend the BLM, Park Service, Geological Survey and other thoughtful
>> public servants for their pro earth science stance. Such areas as Crystal
>> Park, The Oregon Sunstone area, Chunky Gal and Garnet Hill are just a few
>> examples of this great attitude, and insure that we rockhounds are allowed
>> to develop the same conservationist attitudes.
>>
>> Again, thanks!
>> Kris
>>
>> On Tue, Mar 31, 2009 at 7:15 AM, Tim <nospam at orerockon.com> wrote:
>>
>>
>>
>>> Forgive me if this is a repeat post, but I didn't see it come back to me.
>>>
>>>
>>> From: SVP Headquarters [mailto:svp at vertpaleo.mmsend.com] On Behalf Of SVP
>>> Headquarters
>>> Subject: SVP: PRPA now public law
>>>
>>>
>>>
>>>
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>>
>
>
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