text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Paleontological Resources 
  Preservation Act''.
  
  SEC. 2. DEFINITIONS.
  
      As used in this Act:
              (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) Secretary.--The term ``Secretary'' means the Secretary 
          of the Interior with respect to lands controlled or 
          administered by the Secretary of the Interior or the Secretary 
          of Agriculture with respect to National Forest System Lands 
          controlled or administered by the Secretary of Agriculture.
              (3) Federal lands.--The term ``Federal lands'' means--
                      (A) lands controlled or administered by the 
                  Secretary of the Interior, except Indian lands; or
                      (B) National Forest System lands controlled or 
                  administered by the Secretary of Agriculture.
              (4) Indian lands.--The term ``Indian Land'' 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.
              (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.
              (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--
                      (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)).
  
  SEC. 3. MANAGEMENT.
  
      (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.
      (b) Coordination.--To the extent possible, the Secretary of the 
  Interior and the Secretary of Agriculture shall coordinate in the 
  implementation of this Act.
  
  SEC. 4. PUBLIC AWARENESS AND EDUCATION PROGRAM.
  
      The Secretary shall establish a program to increase public 
  awareness about the significance of paleontological resources.
  
  SEC. 5. COLLECTION OF PALEONTOLOGICAL RESOURCES.
  
      (a) Permit Requirement.--
              (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.
              (2) Casual collecting exception.--The Secretary may allow 
          casual collecting without a permit on Federal lands 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 lands and this Act.
              (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 lands 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 Act. Every permit shall include requirements that--
              (1) the paleontological resource that is collected from 
          Federal lands 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 9 or is 
          assessed a civil penalty under section 10.
      (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.
  
  SEC. 6. 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. 7. 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 lands 
          unless such activity is conducted in accordance with this Act;
              (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 or 
          removed from Federal lands in violation of any provisions, 
          rule, regulation, law, ordinance, or permit in effect under 
          Federal law, including this Act; or
              (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.
      (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.
      (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 10 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 one year, or both.
      (d) 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 the enactment 
  of this Act.
  
  SEC. 8. CIVIL PENALTIES.
  
      (a) In General.--
              (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.
              (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:
                      (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 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.
      (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, or to 
          acquire sites with equivalent resources, and to protect, 
          monitor, and study the resources and sites. Any acquisition 
          shall be subject to any limitations contained in the organic 
          legislation for such Federal lands.
              (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 11.
  
  SEC. 9. REWARDS AND FORFEITURE.
  
      (a) Rewards.--The Secretary may pay from penalties collected under 
  section 9 or 10--
              (1) consistent with amounts established in regulations by 
          the Secretary; or
              (2) if no such regulation exists, an amount equal to the 
          lesser of one-half of the penalty or $500,
  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 9 or 10 occurred and which are in the 
  possession of any person, and all vehicles and equipment of any person 
  that were used in connection with the violation, shall be subject to 
  civil forfeiture, or upon conviction, to criminal forfeiture. All 
  provisions of law relating to the seizure, forfeiture, and condemnation 
  of property for a violation of this Act, the disposition of such 
  property or the proceeds from the sale thereof, and remission or 
  mitigation of such forfeiture, as well as the procedural provisions of 
  chapter 46 of title 18, United States Code, shall apply to the seizures 
  and forfeitures incurred or alleged to have incurred under the 
  provisions of this Act.
      (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. 10. CONFIDENTIALITY.
  
      Information concerning the nature and specific location of a 
  paleontological resource the collection of which requires a permit 
  under this Act or under any other provision of Federal law 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 Act;
              (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. 11. REGULATIONS.
  
      As soon as practical after the date of the enactment of this Act, 
  the Secretary shall issue such regulations as are appropriate to carry 
  out this Act, providing opportunities for public notice and comment.
  
  SEC. 12. SAVINGS PROVISIONS.
  
      Nothing in this Act 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), the Mining in the Parks 
          Act, 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 lands;
              (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 Act;
              (4) affect any lands other than Federal lands or affect the 
          lawful recovery, collection, or sale of paleontological 
          resources from lands other than Federal lands;
              (5) alter or diminish the authority of a Federal agency 
          under any other law to provide protection for paleontological 
          resources on Federal lands in addition to the protection 
          provided under this Act; 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 Act.
  
  SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
  
      There are authorized to be appropriated such sums as may be 
  necessary to carry out this Act.
  
              Passed the Senate July 17, 2003.
  
              Attest:
  
                                               EMILY J. REYNOLDS,
  
                                                               Secretary.
target: Paleontological Resources Preservation Act - (Sec. 3) Directs the Secretaries of the Interior and Agriculture (the Secretaries) to: (1) manage and protect paleontological resources on Federal land using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources.
  
  (Sec. 4) Directs the Secretaries to establish a program to increase public awareness about the significance of paleontological resources. (Sec. 5) Prohibits a person from collecting a paleontological resource from Federal land without a permit issued under this Act by one of the Secretaries. Authorizes the Secretaries to allow casual collecting of common invertebrate and plant paleontological resources for scientific, educational, and recreational uses, without a permit, on certain Federal lands where not inconsistent with laws governing management of such lands and this Act. Recognizes as valid permits issued before enactment of this Act. Sets forth criteria by which the Secretaries may issue permits for paleontological resources. Requires that any paleontological resource and associated records collected under a permit be deposited in an approved repository. Allows the Secretaries to modify, suspend, or revoke a permit under specified circumstances, including if there is a violation of a term or a condition of a permit. Declares that a permit shall be revoked if any person working under the authority of the permit is convicted of a criminal offense under this Act or assessed a civil penalty under this Act. (Sec. 6) States that the Secretaries may enter into agreements with non-Federal repositories regarding the curation of paleontological resources, data, and records. (Sec. 7) Prohibits: (1) excavating, removing, or altering a paleontological resource located on Federal lands, except in compliance with this Act; (2) exchanging or receiving such a resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; (3) selling or purchasing a paleontological resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; or (4) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from Federal lands. Imposes criminal penalties for violating this Act. (Sec. 8) Sets forth requirements for the assessment of civil penalties by the Secretaries for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward. (Sec. 9) Allows the Secretaries to pay from penalties collected under this Act a reward to any person who furnishes information leading to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. Provides for the civil or, as appropriate, the criminal forfeiture of all paleontological resources with respect to which a civil or criminal violation occurred, and of all vehicles and equipment that were used in connection with the violation. Allows the Secretary to transfer administration of seized paleontological resources to educational institutions for scientific or educational purposes. (Sec. 10) Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other Federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions. (Sec. 11) Directs the Secretaries to issue such regulations as are appropriate to carry out this Act, while providing opportunities for public notice and comment. (Sec. 12) Declares that nothing in this Act shall be construed to do certain things, including to: (1) modify any activity 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; (2) modify any activity under existing laws and authorities relating to reclamation and multiple uses of Federal lands; or (3) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act. (Sec. 13) Authorizes appropriations.
feat_title: A bill to provide for the protection of paleontological resources on Federal lands, and for other purposes.