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16 U.S.C. § 470aaa–3Collection of paleontological resources

submitted 17 years ago by Pub. L. 111-11 to r/title-16-CONSERVATION · 425 words · no verdicts yet

in plain englishAI-generated · not legal advice

You generally need a permit to collect fossils from federal land, though casual collecting without a permit is allowed on some lands. The Secretary decides who gets a permit, sets its terms, and can modify, suspend, revoke, or restrict access to protect resources.

(a) Permit requirement. (1) In general, you cannot collect a paleontological resource from federal land without a permit issued under this chapter, unless this chapter says otherwise. (2) The Secretary must allow casual collecting without a permit on federal land run by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, as long as it follows the laws for managing that land and this chapter. (3) Nothing here affects a valid permit issued before March 30, 2009. (b) Criteria for issuing a permit. The Secretary may issue a permit to collect a paleontological resource if the Secretary finds that: (1) the applicant is qualified to do the permitted work; (2) the work furthers paleontological knowledge or public education; (3) the work fits with any management plan for that federal land; and (4) the proposed collecting methods won't threaten important natural or cultural resources. (c) Permit specifications. A permit must include whatever terms and conditions the Secretary thinks are needed to carry out this chapter's purposes. Every permit must require that: (1) any resource collected under the permit stays the property of the United States; (2) the resource and copies of related records are kept in an approved repository, available for scientific research and public education; and (3) specific location information isn't released by the permit holder or repository without the Secretary's written permission. (d) Modifying, suspending, and revoking permits. (1) The Secretary may modify, suspend, or revoke a permit for resource, safety, or other management reasons, or when a permit term or condition is violated. (2) The permit must be revoked if anyone working under it is convicted under section 470aaa–5 or hit with a civil penalty under section 470aaa–6. (e) Area closures. To protect resources or public safety, the Secretary may restrict access to, or close, areas under the Secretary's authority to fossil collecting.
the actual law source: uscode.house.gov ↗public domain
(a) Permit requirement
(1) In general

Except as provided in this chapter, a paleontological resource may not be collected from Federal land without a permit issued under this chapter 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 1 and this chapter.

(3) Previous permit exception

Nothing in this section shall affect a valid permit issued prior to March 30, 2009.

(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 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

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.

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

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 111-11 · 123 Stat. 1173

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-11 on 2009-03-30.

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