(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
Terms Used In 16 USC 470aaa-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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.