The American Geological Institute is accepting applications for next year's William L. Fisher Congressional Geoscience Fellowship. For more information please see the posting in "Jobs and Funding" at http://www.vertpaleo.org/membership/jobs.cfm.
The Paleontological Resources Preservation Bill, a bill that would protect fossils on federal lands from commercial exploitation and that has been supported by SVP, has been reintroduced in the 110th Congress in both the House and the Senate. A link to the full text of the bill follows this letter.
SVP has worked for several years to pass this important legislation. I urge you to write your Senators and Representative today in support of this legislation. On Wednesday, the Senate Energy and Natural Resources Committee is scheduled to mark-up the bill, so we also ask that you contact senior members of that committee to show your support and to explain the bill’s importance to the science of vertebrate paleontology.
Model letters are provided through the links below. Feel free to use these, or, better yet, put them into your own words. Inserting a paragraph on how the legislation will benefit your institution or the discipline as a whole would be most helpful. Letters carry more weight than e-mails, so it would be beneficial if you would go to the extra effort of sending a letter.
If possible, please follow-up your letter with a phone call to speak with the legislative assistants in the offices of your congressional representatives who handle public lands and environmental issues.
Your support letter will arrive faster if you fax it in addition to mailing the hard copy. You can find your Senators' and Representatives addresses and fax number at
http://www3.capwiz.com/c-span/directory/congdir.tt.
The following are the Chairs and Ranking Members of the committees that will review the bill:
The Honorable Nick Rahall
Chairman, Committee on Natural Resources
1324 Longworth House Office Building
Washington, DC 20515
The Honorable Don Young
Ranking Member, Committee on Natural Resources
1324 Longworth House Office Building
Washington, DC 20515
The Honorable Collin Peterson
Chairman, Committee on Agriculture
1301 Longworth House Office Building
Washington, DC 20515
The Honorable Bob Goodlatte
Ranking Member, Committee on Agriculture
1301 Longworth House Office Building
Washington, DC 20515
Model Letters
Model Letter to be sent to your Senator
Model Letter to be sent to your Representative
Paleontological Resources Preservation Act
Why should fossils be preserved?
Fossils are for everyone — children and adults, amateur and professional paleontologists. From fossils we learn about the history of life, but much of the story is yet to be written. Fossils from public lands are an educational and scientific resource for our generation and those yet to come. Scientifically significant fossils on federal lands belong to all the people of the United States. They should not be removed from the public domain, but preserved for the enjoyment and education of all Americans for all time.
How does the PRPA preserve fossils?
The Paleontological Resources Preservation Act codifies the existing practice of requiring that vertebrate fossils and other rare and scientifically significant fossils be collected only by qualified researchers who obtain a permit. They must agree to deposit the fossils in public institutions which will ensure their future availability to researchers and the public.
The collection of vertebrate fossils on federal lands requires a permit, and collection is allowed only for educational purposes. This practice would be continued under the PRPA.
How would the PRPA affect private lands and Indian lands?
It would not affect them. The PRPA specifically states that “Nothing in this Act shall be construed to affect any lands other than Federal lands or affect the lawful recovery, collection, or sale of paleontological resources from lands other than Federal lands.”
Is the need to preserve these fossils urgent?
Yes. In a study commissioned by the Forest Service, it was found that almost one-third of the paleontological sites surveyed in the Oglala National Grassland showed evidence of unauthorized collecting. In 1999, the National Park Service identified 721 documented incidents of paleontological resource theft or vandalism, many involving multiple specimens, in the national parks between 1995 and 1998.
Does the PRPA reflect recommendations of federal agencies?
Yes. The Department of the Interior (DOI) recently submitted the report “Management of Fossils on Federal and Indian Lands” to Congress. The PRPA reflects the following seven principles and recommendations:
What you should know about vertebrate fossils
Fossil vertebrates are usually unique or rare, nonrenewable resources that constitute part of our natural heritage. They provide data by which the history of vertebrate life on Earth may be reconstructed and are one of the primary means of studying evolutionary patterns and processes as well as environmental change.
Many kinds of fossils, including those of most vertebrates, are rare for several reasons. Far less than 1% of the organisms that have ever lived become fossils. Many organisms are not readily preserved as fossils because they do not have hard parts. Only rather unusual sedimentary environments preserve soft parts long enough to become fossilized. The remains of small organisms are more readily destroyed by mechanical and biological processes than the remains of large organisms.
Also, organisms can only be preserved where sediments accumulate at a fairly high rate. Most organic remains are not buried fast enough to contribute to the fossil record. In addition, vertebrate fossils are generally less common than invertebrate fossils because there have been fewer living vertebrates than invertebrates over geologic time. Although we are fortunate to have some exceptions to these generalizations, spectacular deposits of diverse and complete organisms are rare over the history of the earth. All of this means that the chances of any vertebrate becoming a fossil are very small. Thus, vertebrate fossils are extremely valuable as bearers of information about the past. Furthermore, fossils of extinct groups are not renewable. More fossils will be discovered and collected, but always from a finite supply.
The rocks in which the fossils are found provide information about the environment of preservation and its climate, position in a historical sequence, and paleogeographic location. Fossil assemblages provide information about ecological interactions and communities.
A fossil collected without this information has lost much of its value, and we know little more than that this animal lived and died. In contrast, when contextual data are collected and studied, we begin to understand how the animal lived. As paleontologists and geologists learn more ways to interpret ancient environments and ecological communities from fossil assemblages in their original context, this information becomes more and more valuable and important.
The understanding of evolutionary processes and relationships comes primarily from comparing the skeletons from different animals to each other. In order to do this; researchers must be able to compare new specimens with those previously unearthed. Only when specimens are properly collected and curated in public institutions can researchers access these specimens in order to make these comparisons. And when these comparisons and interpretations are made, education and the general public greatly benefit by having access to this new interpretive knowledge.
Where can I see the entire text of the PRPA?
Full Text of the Bill
Concern:
Passage of the PRPA will harm amateur paleontologists and rock collectors.
Fact:
This is not true. Any collecting that amateur paleontologists and rock collectors can legally do today will still be permitted under the PRPA. For example, an amateur collector can legally collect common plants and invertebrates on BLM and FS land without a permit. This would still be allowed under the casual collecting provision. Collection of vertebrate fossils requires a permit under existing rules and regulations. Collecting on NPS lands is by permit only. In sum, nothing changes.
One thing that should be of interest is that although the Forest Service has been allowing rock collecting in National Forests, they really have no legal authority for doing so, as current agency “organic acts” do not specifically address this recreational use of public lands. Without specific authority, this practice may be in jeopardy and future administrations could take away this privilege. The problems inherent in not having this authorization spelled out clearly were seen in the issuance of the Forest Service's 1994 proposed rules which would have prohibited amateur rock, mineral and fossil collecting on all National Forest system lands. It is estimated that 30,000 to 70,000 comments were received from amateurs opposed to eliminating amateur collecting. The PRPA gives the needed Congressional authorization for amateur collecting on public lands. The following quotation comes from Ms. Elizabeth Estill, Deputy Chief, Programs and Legislation for the Forest Service. S. Hrg. 107-794. (S. 2727 was the 107th Congress Senate version of the bill):
The Forest Service currently does allow casual collecting by amateurs without permit, but there is not anything that really formally recognizes this activity. We see S. 2727 formally allowing it, and we see that as a good thing for the casual collector.
Concern:
The PRPA is overly harsh. A rock collector could become a convicted felon and therefore not be able to obtain a firearm license.
Fact:
Nothing in this bill affects rock collecting. Section 15 specifically states that “Nothing in this Act shall be construed to … apply to, or require a permit for, amateur collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this Act.” The felony penalties only apply 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 or in the case of multiple convictions. The criminal and civil penalties sections of the bill only apply to the theft of paleontological resources from federal lands.
Concern:
The PRPA gives federal agencies too much authority in granting permits and will restrict access to anyone not holding a Ph.D.
Fact:
There is no change in this bill. The agencies already are using this discretion; e.g., the Forest Service and BLM already have the discretion to issue permits, and by policy, only issue permits for scientific and educational purposes. No permits are issued now for the commercial collecting of paleontological resources. No permits are required now for amateur collecting. Passage of this legislation would ensure as these agencies do so they are following the wishes of the American people as expressed through their elected representatives.
Concern:
The forfeiture provisions of the PRPA are too harsh and should not be applied to rock collectors.
Fact:
The criminal and civil penalties in the PRPA would apply only to paleontological resources, not rock collecting. Any forfeiture could only occur after conviction. Congressional passage of P.L. 106-185, the Civil Asset Forfeiture Act of 2000 requires that in all suits or actions brought for civil forfeiture of any property, that the burden of proof is on the United States to establish by preponderance of evidence that the property is subject to forfeiture. Therefore, under the current theft of property statutes at Title 18, P.L. 106-185 would offer the defendant additional protection.
Concern:
Offering rewards to informants can create a tense law enforcement environment.
Fact:
A great deal of consultation (not formal) was done with all the land management agencies when this legislation was being drafted. The rewards provision was added based on input from the agencies that is was a very necessary tool for law enforcement and DOJ’s analysis of the bill concurred with this.
Concern:
The false labeling provision of the PRPA could result in people being prosecuted for honest misidentifications of fossils.
Fact:
The false labeling offense applies when any false statement is made in association with a criminal offense under that section of the PRPA. This is not new authority as the agencies have the authority now to make a charge of “false labeling,” and if applicable, would be made in association with a charge under theft of federal property at 18 USC 641. The basis for this section of the bill is Title 18 USC 1001.
Concern:
The PRPA gives undue discretion to the agencies in permitting and enforcement.
Fact:
Currently, the National Park Service, FS and BLM have the discretion to issue permits for paleontological collection under each agency’s respective Organic Acts. Law Enforcement has all the discretion allowed under Title 18 USC 641, 1001, 1361 and any other applicable charges. Passage of this legislation would ensure that as they do so they are following the wishes of the American people as expressed through their elected representatives.
Concern:
The PRPA would harm rock conventions, would require a paper trail for collections made from federal lands, and could penalize those guilty of only inadvertent violations.
Fact:
There is no requirement in the PRPA for certification or proof of ownership of rocks, minerals or fossils, nor in any current authority. Currently, under the Mineral Materials Act of 1947, in order to be able to collect, then sell rocks and minerals from public lands, an amateur must have a mineral materials permit from the appropriate agency, and pay royalties to the government.
Concern:
The PRPA would interfere with mining on federal land.
Fact:
Section 15.1 of the PRPA ensures that this will not happen. It states that:
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); ….