{
  "id": "98-766",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "98-766",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 105230,
      "date": "1998-09-11",
      "retrieved": "2016-05-24T20:51:40.616941",
      "title": "Fossils on Federal Lands: Current Federal Laws and Regulations",
      "summary": "Recent articles in the press have highlighted the issue of unauthorized removal of fossils and\nother\npaleontological materials from federal lands. Fossils can be highly valuable in the scientific sense,\nbut increasingly there also is a lucrative market for fossils that fuels their unauthorized collection and\nremoval. Improper excavation can impair or destroy the value of the resources for scientific analysis. \nOn many of the federal lands, particularly in the West, scarce personnel may be responsible for vast\nacreage, a fact that can make protection of fossil and other resources difficult. In addition, the\nrelevant laws are unclear in several respects. \n  This report provides a brief overview of current federal laws and regulations on the protection\nand removal of fossils from federal lands. It compares the laws and regulations of several of the\nprincipal federal land management agencies, namely the Bureau of Land Management (BLM), the\nNational Park Service (NPS), the Forest Service (FS), and the Department of Defense (DOD), and\ndiscusses penalties.\n  Although particular statutes or executive actions may clearly protect fossils in particular areas,\nand although current general laws and regulations appear to  permit  the protection of\nfossils on\nfederal lands, we are aware of no current general management statute that expressly\n directs  such\nprotection or regulation. Available protection may vary depending on whether the federal lands in\nquestion were or are a part of the public domain or were acquired under various authorities. \nAuthority for federal agencies to allow the collection and disposal of fossils is unclear in several\nrespects, due in part to uncertainties as to the application of significant statutes such as the\nAntiquities Act and the mining and mineral disposal laws to paleontological resources. The NPS\nis directed to protect National Park System resources and both the FS and BLM have general\nauthority to protect resources and to regulate the use and occupation of the lands managed by them. \nDOD has much greater control over access to and use of its lands than do the multiple use agencies. \nThe Antiquities Act applies to all the agencies, covers paleontological resources in some respects,\nbut is ambiguous in others, and there is some question as to whether it is unconstitutionally vague\nas a basis of criminal prohibitions and penalties. The general theft provisions and trespass actions\nare available to protect fossil resources on federal lands.\n  Specific penalties associated with the provisions establishing offenses typically are quite low\nrelative to the market and scientific value of many fossils. However, the general federal fine\nprovisions make higher maximum fines available. \n  Because the legal protection of paleontological resources could be said to lack clarity,\nuniformity, and consistency, some have suggested that additional background and analysis from the\nrelevant agencies and possible express legislative direction on these issues might be valuable.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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      "topics": []
    }
  ],
  "topics": [
    "American Law",
    "Constitutional Questions"
  ]
}