FOSSILS ON PUBLIC LANDS (CRS Report for Congress)
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| Release Date |
Sept. 11, 1998 |
| Report Number |
98-766 |
| Report Type |
Report |
| Authors |
Pamela Baldwin, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Recent articles in the press have highlighted the issue of unauthorized removal of fossils and
other
paleontological materials from federal lands. Fossils can be highly valuable in the scientific sense,
but increasingly there also is a lucrative market for fossils that fuels their unauthorized collection and
removal. Improper excavation can impair or destroy the value of the resources for scientific analysis.
On many of the federal lands, particularly in the West, scarce personnel may be responsible for vast
acreage, a fact that can make protection of fossil and other resources difficult. In addition, the
relevant laws are unclear in several respects.
This report provides a brief overview of current federal laws and regulations on the protection
and removal of fossils from federal lands. It compares the laws and regulations of several of the
principal federal land management agencies, namely the Bureau of Land Management (BLM), the
National Park Service (NPS), the Forest Service (FS), and the Department of Defense (DOD), and
discusses penalties.
Although particular statutes or executive actions may clearly protect fossils in particular areas,
and although current general laws and regulations appear to permit the protection of
fossils on
federal lands, we are aware of no current general management statute that expressly
directs such
protection or regulation. Available protection may vary depending on whether the federal lands in
question were or are a part of the public domain or were acquired under various authorities.
Authority for federal agencies to allow the collection and disposal of fossils is unclear in several
respects, due in part to uncertainties as to the application of significant statutes such as the
Antiquities Act and the mining and mineral disposal laws to paleontological resources. The NPS
is directed to protect National Park System resources and both the FS and BLM have general
authority to protect resources and to regulate the use and occupation of the lands managed by them.
DOD has much greater control over access to and use of its lands than do the multiple use agencies.
The Antiquities Act applies to all the agencies, covers paleontological resources in some respects,
but is ambiguous in others, and there is some question as to whether it is unconstitutionally vague
as a basis of criminal prohibitions and penalties. The general theft provisions and trespass actions
are available to protect fossil resources on federal lands.
Specific penalties associated with the provisions establishing offenses typically are quite low
relative to the market and scientific value of many fossils. However, the general federal fine
provisions make higher maximum fines available.
Because the legal protection of paleontological resources could be said to lack clarity,
uniformity, and consistency, some have suggested that additional background and analysis from the
relevant agencies and possible express legislative direction on these issues might be valuable.
