16 USC 470 - Curation of resources

Collapse to view only § 470aaa-4. Curation of resources

§ 470aaa. Definitions
§ 470aaa-1. Management
§ 470aaa-2. Public awareness and education program
§ 470aaa-3. Collection of paleontological resources
§ 470aaa-4. Curation of resources
§ 470aaa-5. Prohibited acts; criminal penalties
§ 470aaa-6. Civil penalties
§ 470aaa-7. Rewards and forfeiture
§ 470aaa-8. Confidentiality
§ 470aaa-9. Regulations
§ 470aaa-10. Savings provisions
§ 470aaa-11. Authorization of appropriations

§ 470aaa. Definitions

In this chapter:

(1) Casual collecting

(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

(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 470bb(1) of this title; 1

1 So in original. A closing parenthesis probably should precede the semicolon.

(B) any cultural item (as defined in section 3001 of title 25).

(5) Secretary

(6) State

(Pub. L. 111–11, title VI, § 6301, Mar. 30, 2009, 123 Stat. 1172.)

§ 470aaa–1. Management

(a) In general

(b) Coordination

(Pub. L. 111–11, title VI, § 6302, Mar. 30, 2009, 123 Stat. 1173.)

§ 470aaa–2. Public awareness and education program

The Secretary shall establish a program to increase public awareness about the significance of paleontological resources.

(Pub. L. 111–11, title VI, § 6303, Mar. 30, 2009, 123 Stat. 1173.)

§ 470aaa–3. Collection of paleontological resources

(a) Permit requirement

(1) In general

(2) Casual collecting exception

(3) Previous permit exception

(b) Criteria for issuance of a permitThe 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 specificationsA 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 chapter. 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—

(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 470aaa–5 of this title or is assessed a civil penalty under section 470aaa–6 of this title.

(e) Area closures

(Pub. L. 111–11, title VI, § 6304, Mar. 30, 2009, 123 Stat. 1173.)

§ 470aaa–4. 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.

(Pub. L. 111–11, title VI, § 6305, Mar. 30, 2009, 123 Stat. 1174.)

§ 470aaa–5. 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 chapter;

(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 chapter; 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

(d) Multiple offenses

(e) General exception

(Pub. L. 111–11, title VI, § 6306, Mar. 30, 2009, 123 Stat. 1174.)

§ 470aaa–6. Civil penalties

(a) In general

(1) Hearing

(2) Amount of penalty

The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this chapter, 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.

(3) Multiple offenses

(4) Limitation

(b) Petition for judicial review; collection of unpaid assessments

(1) Judicial review

(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,1

1 So in original. Following provisions probably should be set flush with par. (2).

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 2

2 So in original. Probably should be “is”.

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.

(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 470aaa–7 of this title.

(Pub. L. 111–11, title VI, § 6307, Mar. 30, 2009, 123 Stat. 1175.)

§ 470aaa–7. Rewards and forfeiture

(a) Rewards

The Secretary may pay from penalties collected under section 470aaa–5 or 470aaa–6 of this title 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 ½ 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

(Pub. L. 111–11, title VI, § 6308, Mar. 30, 2009, 123 Stat. 1176.)

§ 470aaa–8. Confidentiality

Information concerning the nature and specific location of a paleontological resource shall be exempt from disclosure under section 552 of title 5 and any other law unless the Secretary determines that disclosure would—

(1) further the purposes of this chapter;

(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.

(Pub. L. 111–11, title VI, § 6309, Mar. 30, 2009, 123 Stat. 1176.)

§ 470aaa–9. Regulations

As soon as practical after March 30, 2009, the Secretary shall issue such regulations as are appropriate to carry out this chapter, providing opportunities for public notice and comment.

(Pub. L. 111–11, title VI, § 6310, Mar. 30, 2009, 123 Stat. 1177.)

§ 470aaa–10. Savings provisions

Nothing in this chapter 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),1

1 See References in Text note below.

subchapter 3 2

2 So in original. Probably should be “subchapter III”.

of chapter 1007 of title 54, the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201–1358) [30 U.S.C. 1201 et seq.], 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 chapter;

(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 chapter; 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 chapter.

(Pub. L. 111–11, title VI, § 6311, Mar. 30, 2009, 123 Stat. 1177; Pub. L. 113–287, § 5(d)(9), Dec. 19, 2014, 128 Stat. 3265.)

§ 470aaa–11. Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this chapter.

(Pub. L. 111–11, title VI, § 6312, Mar. 30, 2009, 123 Stat. 1177.)