Vertebrate Paleontological Resources Protection Act

Congress finds that--

(1)

Federal lands are a valuable resource of the people of the United States;

(2)

each individual who uses Federal lands--

(A)

is exercising both a right and a priceless privilege; and

(B)

must accept the responsibility of careful stewardship of the lands so that the privilege can be exercised by future generations;

(3)

vertebrate paleontological resources on Federal lands and Indian lands are an accessible and irreplaceable part of the heritage of the United States and offer significant educational opportunities to all citizens;

(4)

vertebrate paleontological resources are increasingly endangered because of their commercial attractiveness and because many are rare or unique;

(5)

vertebrate paleontological resources--

(A)

are nonrenewable resources;

(B)

are natural aspects of the national heritage of the United States;

(C)

have scientifically significant value; and

(D)

have important educational value;

(6)

(A)

Federal laws in effect prior to the date of enactment of this Act do not provide adequate protection to prevent the loss and destruction of vertebrate paleontological resources and sites on Federal lands resulting from uncontrolled excavations and pillage; and

(B)

there is no consistent Federal policy for comprehensive management of the resources and sites;

(7)

amateur collectors are a valuable part of the scientific and educational communities;

(8)

(A)

there is a wealth of paleontological information that has been legally obtained by private individuals for noncommercial purposes and that has been voluntarily made available to the scientific community; and

(B)

this information has been an invaluable contribution to the advancement of paleontological science in the United States;

(9)

the activities described in paragraph (8) by private individuals, particularly amateur collectors, should be encouraged and facilitated;

(10)

(A)

reasonable access to vertebrate paleontological resources on Federal lands should be provided to professional and amateur vertebrate paleontologists for scientific, educational, and recreational purposes;

(B)

a mechanism to encourage cooperation and to exchange information among the professional and amateur communities and the general public should be adopted; and

(C)

increased awareness and enjoyment of the resources by children and young adults should be fostered;

(11)

those resources that are of scientific significance belong in the public trust and should be placed in suitable repositories, including museums, universities, colleges, and other educational institutions; and

(12)

if housed in the repositories, the resources should be available for study and public educational purposes (including public display).

SEC. 3. PURPOSES.

The purposes of this Act are--

(1)

to secure, for the present and future benefit of the people of the United States, the protection of vertebrate paleontological resources and sites that are on Federal lands;

(2)

to maximize the conservation and preservation of vertebrate paleontological resources on Federal lands;

(3)

to ensure that scientifically significant vertebrate paleontological resources on Federal lands will be held in trust for the people of the United States;

(4)

to ensure that the scientific and educational significance of vertebrate paleontological resources on Federal lands is brought to the attention of the public for public edification and appreciation;

(5)

to provide and maximize opportunities and access for amateur and other private paleontologists, including children and young adults, to collect vertebrate paleontological resources on Federal lands, thereby reducing paleontological losses resulting from erosion, theft, and other unacceptable means;

(6)

to heighten the stewardship responsibilities of all persons who use Federal lands;

(7)

to foster increased cooperation and exchange of information among--

(A)

representatives of Federal and State agencies;

(B)

the professional paleontological community;

(C)

amateur collectors; and

(D)

private individuals having collections of vertebrate paleontological resources and data;

(8)

to provide for the dissemination of knowledge to the general public about the scientific, historical, and educational value of vertebrate paleontological resources;

(9)

to heighten the knowledge, understanding, and appreciation by the general public regarding the importance and value of vertebrate paleontological resources;

(10)

to foster a partnership between amateur collectors, the general public, and professional paleontologists in the study and stewardship of vertebrate paleontological resources;

(11)

to establish, to the extent practicable, a common policy for Federal land management agencies for managing vertebrate paleontological resources and issuing permits for the collecting of vertebrate paleontological resources on Federal lands that is consistent with--

(A)

the protection of vertebrate paleontological resources; and

(B)

the specific Federal mandate of each agency;

(12)

to encourage each State to--

(A)

adopt a uniform policy on paleontological collecting on State-owned lands; and

(B)

designate a State vertebrate paleontologist;

(13)

to encourage each Indian tribe to adopt a uniform policy on paleontological collecting not he lands of the tribe; and

(14)

to encourage paleontological societies in the United States, museums, and Federal land management agencies to develop permanent and broadly based research, educational, and outreach programs to--

(A)

encourage the sharing of information with landowners, the general public, and professional and amateur collectors of vertebrate paleontologic resources (including schools and other organizations that serve children and young adults) regarding--

(i)

vertebrate paleontological resources; and

(ii)

the research that is needed to further the science of vertebrate paleontology; and

(B)

foster scientific education at all educational levels.

SEC. 4. DEFINITIONS

As used in this Act:

(1)

AMATEUR COLLECTOR.--The term "amateur collector" means an individual, including a member of a school group or other organization that serves children or young adults, who--

(A)

pursues the collecting of vertebrate paleontological resources as a hobby but not as a profession or for commercial purposes;

(B)

collects vertebrate paleontological resources for personal enjoyment, recreation, and educational purposes;

(C)

ensures that scientifically significant vertebrate paleontological resources are brought to an appropriate suitable repository so that the resources can be held in trust for the people of the United States; and

(D)

is associated with a Federal, State, county, or local institution or public or not-for-profit organization that engages in public education regarding vertebrate paleontological resources.

(2)

EXCAVATION.--The term "excavation" means to expose by digging, blasting, drilling, prying, hammering, or other disturbance of the natural position of material at a site.

(3)

FEDERAL LAND MANAGER.--The term "Federal land manager" means--

(A)

except as provided in subparagraph (B), for Federal lands, the Secretary of the department, or the head of any other agency or instrumentality of the United States, having primary management authority over the lands; or

(B)

for Federal lands with respect to which no department, agency, or instrumentality has primary management authority, the Secretary of the Interior.

(4)

FEDERAL LANDS.--The term "Federal lands" means lands owned or controlled by the Federal Government, except lands within Indian country (as defined in section 1151 of title 18, United States Code).

(5)

PERSON.--The term "persons" means--

(A)

an individual, corporation, partnership, trust, institution, association, or any other private entity; or

(B)

an officer, employee, agent, department, or instrumentality of the United States, an Indian tribe, or a State or political subdivision of a State.

(6)

PROFESSIONAL COLLECTOR.--The term "professional collector" means a person who--

(A)

pursues the collecting of vertebrate paleontological resources as a profession but not for commercial purposes;

(B)

ensures that scientifically significant vertebrate paleontological resources are brought to an appropriate suitable repository so that the resources can be held in trust for the people of the United States; and

(C)

is professionally associated with a Federal, State, county, or local institution that engages in public education regarding vertebrate paleontological resources.

(7)

STATE.--The term "State" means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau (until such time as the Compact of Free Association is ratified).

(8)

SUITABLE REPOSITORY.--The term "suitable repository" means a public or private organization (including a college, university, Federal or State repository, or museum) that--

(A)

has established--

(i)

a fossil collection that is accessioned, catalogued, and maintained in accordance with the standards of the American Association of Museums or the Association of Systematic Collections, or the collection policies of Federal land management agencies (whichever standards or policies are most applicable to the repository);

(ii)

research or educational programs in the field of vertebrate paleontology; and

(iii)

a policy and procedure that permits open access to the collections of the repository, including appropriate records, for the purposes of scientific research and education by persons; and

(B)

in the case of a private organization, specifically precludes for the directors or staff any self dealing in vertebrate paleontological resources or other financial enrichment from the resources.

(9)

VERTEBRATE PALEONTOLOGICAL RESOURCE.--The term "vertebrate paleontological resource" means--

(A)

any naturally occurring remains or trace of a vertebrate that--

(i)

lived prior to the Holocene epoch; and

(ii)

is not associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resource Protection Act of 1979 (16 U.S.C. 470bb(1)));

(B)

any fossilized remains or trace of a vertebrate (as determined by the Federal land manager, in consultation with a vertebrate paleontologist qualified to assess the remains) that--

(i)

is discovered in deposits dating from the Holocene epoch; and

(ii)

is not associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resource Protection Act of 1979 (16 U.S.C. 470bb(1))); and

(C)

any remains or trace that questionably meets the description in subparagraph (A), if the Federal land manager, in consultation a vertebrate paleontologist qualified to assess the remains or trace, determines that the remains or trace meets the description in subparagraph (A).

SEC. 6. PUBLIC AWARENESS AND EDUCATION PROGRAM

(a)

IN GENERAL.--Each Federal land manager shall establish a program to increase public awareness of the significance of the vertebrate paleontological resources located on Federal lands under the jurisdiction of the land manager and the need to protect the resources.

(b)

EDUCATION OF PERMIT HOLDERS.--In issuing a permit under section 8 or 9, the Federal land manager shall--

(1)

provide the permit holder with information about--

(A)

the area containing the site for which the permit is issued; and

(B)

the vertebrate paleontological resource for which the permit is issued; and

(2)

educate the permit holder about the scientific and educational value of the resource to the area.

SEC. 7. COOPERATION WITH PRIVATE INDIVIDUALS

(a)

IN GENERAL.--The Secretary of the Interior shall take such action as is necessary, consistent with this Act, to foster and improve the communication, cooperation, and exchange of information between--

(1)

private individuals having collections of vertebrate paleontological resources and data that were obtained prior to the date of enactment of this Act; and

(2)

Federal authorities responsible for the protection of vertebrate paleontological resources on Federal lands and professional paleontologists and associations of professional paleontologists.

(b)

EXPANSION OF PALEONTOLOGICAL DATA BASE.--In carrying out this section, the Secretary shall, to the extent practicable and consistent with this Act, make efforts to expand the national paleontologic data base for the paleontological resources of the United States developed under section 4(d)(2)(C) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(d)(2)(C)) through increased cooperation between the private individuals referred to in subsection (a)(1) and professional paleontologists and paleontological organizations.

SEC. 8. SURFACE COLLECTING.

(a)

IN GENERAL.--

(1)

AMATEUR COLLECTORS.--An amateur collector who removes a vertebrate paleontological resource located on Federal lands shall, prior to the removal, obtain from the Federal land manager a short-term permit to carry out the removal and activities associated with the removal. An amateur collector may not excavate a vertebrate paleontological resource located on Federal lands.

(2)

PROFESSIONAL COLLECTORS.--In lieu of obtaining a permit under section 9, a professional collector who removes a vertebrate paleontological resource located on Federal lands may comply with the permit requirements of this Act by obtaining from the Federal land manager, prior to the removal, a short-term permit to carry out the removal and activities associated with the removal.

(b)

CONDITIONS OF PERMITS.--A permit issued under this section--

(1)

shall--

(A)

permit the collection of vertebrate paleontological resources that are located on the surface of the ground;

(B)

prohibit any excavation;

(C)

be for a term to be determined by the Federal land manager; and

(D)

subject to section 10(b), provide a description of the arrangement that has been made for the deposition of the resource in a suitable repository, including the storage conditions for the resource; and

(2)

may include any restriction that the Federal land manager determines is necessary to protect any vertebrate paleontological research site or area.

(c)

SUSPENSION AND REVOCATION OF PERMITS.--The Federal land manager may suspend or revoke a permit issued under this section under the same terms and conditions as are described in section 9(c).

SEC. 9. EXCAVATION AND REMOVAL.

(a)

REQUIREMENT FOR PERMIT.--

(1)

IN GENERAL.--Except in the case of a professional collector who obtains a permit under section 8 with respect to a removal or an amateur collector, a person who excavates or removes a vertebrate paleontological resource located on Federal lands shall, prior to the excavation or removal, obtain from the Federal land manager a permit to carry out the excavation or removal and activities associated with the excavation or removal.

(2)

CONTENTS OF APPLICATION.--An application for a permit described in paragraph (1) shall contain--

(A)

information concerning the time, scope, location, and specific purpose of the proposed excavation or removal;

(B)

the identification and qualifications of the individual who shall be responsible for carrying out the terms and conditions of the permit;

(C)

subject to section 10(b), a description of the arrangement that has been made for the deposition of the resource in a suitable repository, including the storage conditions for the resource; and

(D)

such other information as the Federal land manager considers necessary.

(b)

CRITERIA FOR ISSUANCE OF PERMIT.--

(1)

IN GENERAL.--A permit may be issued pursuant to an application under subsection (a) if the Federal land manager determines that--

(A)

the applicant is qualified to carry out the permitted activity;

(B)

the permitted activity is carried out for the purpose of furthering paleontological knowledge in the public interest or for public education;

(C)

the permitted activity is consistent with any management plan applicable to the Federal lands concerned;

(D)

the applicant will carry out the permitted activity primarily for the purpose of scientific research or public education (including public display);

(E)

the applicant will not use the permit for commercial collecting (except that the applicant may contract for commercial excavation services if the resource is used for scientific research or public education (including public display) and the resource excavated remains in the public domain);

(F)

the vertebrate paleontological resource that is excavated or removed from Federal lands under the permit will be held in trust for the people of the United States; and

(G)

the resource and copies of associated paleontological records and locality data will be preserved by a suitable repository.

(2)

BASIS FOR DECISION.--The determination of the Federal land manager as to whether to issue a permit pursuant to an application made under subsection (a) shall be made after consultation with--

(A)

(i)

a vertebrate paleontologist who is employed by the agency or instrumentality that has primary management authority over the lands on which the resource is discovered; or

(ii)

a Federal regional adviser who is employed by the agency or instrumentality referred to in clause (i) primarily for the purpose of managing and protecting vertebrate paleontological resources; and

(B)

at the option of the Federal land manager--

(i)

the designated State vertebrate paleontologist for the State in which the resource is discovered; or

(ii)

if the State in which the resource is discovered has no designated State vertebrate paleontologist, in consultation with a paleontologist who--

(I)

preferably, resides in the State;

(II)

is qualified to assess the activities proposed to be carried out under the permit; and

(III)

is qualified to assess the potential impact of the activities on related research projects that are currently in progress.

(c)

SUSPENSION AND REVOCATION OF PERMITS.--

(1)

SUSPENSION.--The Federal land manager may suspend a permit issued under this section if the land manager determines that the holder of the permit has violated section 11.

(2)

REVOCATION.--The Federal land manager may revoke a permit issued under this section if the holder of the permit is assessed a civil penalty under section 13 or if the holder of the permit is convicted under section 12.

(d)

PERMITS ISSUED UNDER ANTIQUITIES ACT OF 1906.--

(1)

NEW PERMITS.--No permit or other permission shall be required under the Act entitled "An Act for the preservation of American antiquities," approved June 8, 1906 (16 U.S.C. 431 et seq.), for any activity for which a permit is issued under this Act.

(2)

PREVIOUS PERMITS.--Any permit issued under such Act prior to the date of enactment of this Act shall remain in effect according to the terms and conditions of the permit. A person who holds a permit issued under such Act prior to the date of enactment of this Act may carry out an activity under the permit without being required to obtain a permit under this Act.

SEC. 10. CUSTODY OF RESOURCES.

(a)

IN GENERAL.--

(1)

DISPOSITION.--

(A)

IN GENERAL.--Each vertebrate paleontological resource, and data and records associated with the resource, that the Federal land manager determines is of scientific significance shall be deposited in a suitable repository. Each suitable repository that receives a resource pursuant to this Act may retain possession of the resource unless the repository fails to comply with this Act.

(B)

CONSULTATION.--In making a determination as to scientific significance pursuant to subparagraph (A), the Federal land manager should consult with a vertebrate paleontologist qualified to assess the resource.

(2)

TREATMENT OF RESOURCES.--Each suitable repository that receives a vertebrate paleontological resource pursuant to paragraph (1) shall ensure that the resource--

(A)

is accessioned, catalogued, and maintained in accordance with the standards of the American Association of Museums or the Association of Systematic Collections, or the collection policies of Federal land management agencies (whichever standards or policies are most applicable to the repository); and

(B)

remains accessible for study and education purposes.

(3)

EXCHANGE.--A suitable repository may exchange a vertebrate paleontological resource removed from Federal lands pursuant to this Act with another suitable repository if notification of the exchange is given to the Federal land manager prior to the exchange.

(b)

AMATEUR COLLECTORS.--

(1)

IN GENERAL.--Subject to subsection (a)(1), in the case of an amateur collector who removes a vertebrate paleontological resource located on Federal lands, the Federal land manager may permit the collector to retain possession of the resource if the resource--

(A)

is identified and evaluated as to the scientific value of the resource; and

(B)

remains accessible for study.

(2)

PROPERTY RIGHT.--Any resource retained by an amateur collector in accordance with the subsection shall be held in trust for the people of the United States and may not be sold or bartered.

SEC. 11. PROHIBITED ACTS.

(a)

UNAUTHORIZED EXCAVATION, REMOVAL, DAMAGE, ALTERATION, OR DEFACEMENT.--No person may excavate, disturb, remove, damage, or otherwise alter or deface, or attempt to excavate, disturb, remove, damage, or otherwise alter or deface, a vertebrate paleontological resource located on Federal lands unless pursuant to a permit issued under section 8 or 9.

(b)

WRONGFUL TRAFFICKING UNDER FEDERAL LAW.--

(1)

IN GENERAL.--No person may sell, purchase, exchange, transport, export, receive, or offer to sell, purchase, exchange, or export a vertebrate paleontological resource if the resource was excavated or removed from Federal lands in violation of--

(A)

subsection (a); or

(B)

a law, ordinance, or permit in effect under any other provision of Federal law.

(2)

PROSPECTIVE APPLICATION.--Paragraph (1) shall not apply to a person with respect to a vertebrate paleontological resource that was in lawful possession of the person prior to the date of enactment of this Act.

(c)

WRONGFUL TRAFFICKING UNDER STATE OR LOCAL LAW.--No person may sell, purchase, exchange, transport, export, receive, or offer to sell, purchase, exchange, or export, in interstate or foreign commerce, a vertebrate paleontological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of a law, ordinance, or permit in effect under State or local law.

(d)

FALSE LABELING OFFENSES.--No person may make or submit any false record, account, or label for, or any false identification of, any vertebrate paleontological resource excavated or removed from Federal lands.

SEC. 12. CRIMINAL PENALTIES.

(a)

FIRST VIOLATION.--

(1)

IN GENERAL.--Except as provided in paragraph (2) and subsection (b), a person who knowingly violates, or counsels, procures, solicits, or employs any other person to violate, a prohibition contained in section 11 shall, upon conviction, be fined not more than $10,000 or imprisoned not more than 1 year, or both.

(2)

VALUABLE RESOURCES.--Except as provided in subsection (b), if the commercial or paleontological value of the vertebrate paleontological resource involved and the cost of recovery, restoration, and repair of the resource exceeds $500, the person shall be fined not more than $20,000 or imprisoned not more than 2 years, or both.

(3)

TRANSPORTING ACROSS FEDERAL LANDS.--Except as provided in subsection (b), a person who knowingly violates a prohibition contained in subsection (b) or (c) of section 11 by transporting a vertebrate paleontological resource across Federal lands shall, upon conviction, be fined not more than $10,000 or imprisoned not more than 1 year, or both.

(b)

SUBSEQUENT VIOLATIONS.--In the case of a second or subsequent violation described in subsection (a), the person shall, upon conviction, be fined not more than $100,000, or imprisoned not more than 5 years, or both.

SEC. 13. CIVIL PENALTIES

(a)

ASSESSMENT BY FEDERAL LAND MANGER.--

(1)

IN GENERAL.--

(A)

CIVIL PENALTY.--A person who violates a prohibition contained in an applicable regulation or permit issued under this Act may be assessed a civil penalty by the Federal land manager.

(B)

SEPARATENESS OF OFFENSES.--Each violation shall be a separate offense.

(C)

MITIGATION OF PENALTY.--A civil penalty may be remitted or mitigated by the Federal land manager.

(2)

AMOUNT.--

(A)

IN GENERAL.--Subject to subparagraphs (B), (C), and (D), the amount of the civil penalty shall be determined under regulations issued pursuant to section 16.

(B)

FACTORS.--In addition to other factors, the regulations shall take into account--

(i)

the paleontological or commercial value of the vertebrate paleontological resource involved; and

(ii)

the cost of recovery, restoration, and repair of the resource and the paleontological site involved.

(C)

SUBSEQUENT VIOLATIONS.--Subject to subparagraph (D), in the case of a second or subsequent violation by a person, the Federal land manager may double the amount of the civil penalty assessed for a first violation.

(D)

LIMITATION ON AMOUNT.--The amount of a penalty assessed under this subsection for a violation may not exceed an amount equal to--

(i)

double the cost of recovery, restoration, and repair of each resource and paleontological site that is damaged; and

(ii)

double the fair market value of each resource that is destroyed or not recovered.

(b)

JUDICIAL REVIEW AND COLLECTION OF ASSESSMENTS.--

(1)

JUDICIAL REVIEW.--

(A)

IN GENERAL.--A person against whom a civil penalty is assessed under subsection (a) may file a petition for judicial review of the order with the United States District Court for the District of Columbia, or for any other district in which the person resides or transacts business, not later than the date that is 30 days after the date of issuance of the order making the assessment.

(B)

STANDARD OF REVIEW.--The court shall hear the action on the record made before the Federal land manager and shall sustain the action of the land manager if the action is supported by substantial evidence on the record considered as a whole.

(2)

COLLECTION OF UNPAID ASSESSMENTS.--

(A)

IN GENERAL.--

(i)

BRINGING OF ACTION.--If a person fails to pay an assessment of a civil penalty in accordance with clause (ii), the Federal land manager may request the Attorney General to bring a civil action to collect the penalty in a district court of the United States for any district in which the person is found, resides, or transacts business.

(ii)

TIME FOR PAYMENT.--A civil penalty shall be paid within a reasonable period of time (as determined by the Federal land manager)--

(I)

after the order making the assessment of the civil penalty has become a final order if the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or

(II)

after a court in an action brought under paragraph (1) has entered a final judgment upholding the assessment of the civil penalty.

(B)

LIMITATION ON REVIEW.--In an action brought under subparagraph (A), the validity and amount of the penalty shall not be subject to review.

(c)

HEARINGS.--

(1)

IN GENERAL.--A hearing held during a proceeding for the assessment of a civil penalty under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code.

(2)

SUBPOENAS AND OATHS.--The Federal land manager may--

(A)

issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents; and

(B)

administer oaths.

(3)

PAYMENTS TO WITNESSES.--A witness summoned shall be paid the same fees and mileage that are paid to a witness in the courts of the United States.

(4)

COMPELLING APPEARANCE.--

(A)

IN GENERAL.--If a person refuses to obey a subpoena served upon the person pursuant to this subsection, the district court of the United States for any district in which the person is found or resides or transacts business, upon application by the United States and after notice to the person, shall have jurisdiction to issue an order requiring the person to appear and--

(i)

give testimony before the Federal land manager;

(ii)

produce documents before the Federal land manager; or

(iii)

both give testimony and produce documents before the Federal land manager.

(B)

FAILURE TO OBEY COURT ORDER.--A failure to obey an order of a court issued pursuant to subparagraph (A) may be punished by the court as a contempt of the court.

SEC. 14. FORFEITURES.

With respect to a person who violates section 11 or against whom a civil penalty under section 13 is assessed for a violation under section 11, a court or administrative law judge may require the forfeiture to the United States of--

(1)

all vertebrate paleontological resources with respect to which the violation occurred and that are in the possession of the person; and

(2)

all vehicles and equipment of the person that were used in connection with the violation.

SEC. 15. CONFIDENTIALITY.

Information concerning the nature and location of a vertebrate paleontological resource for which the excavation or removal requires a permit under this Act or under any other provision of Federal law may not be made available to the public under subchapter II of chapter 5 of title 5, United States Code, or under any other provision of law unless the Federal land manager determines that the disclosure would--

(1)

further the purposes of this Act; and

(2)

not create a risk of harm to the resource or to the site at which the resource is located.

SEC. 16. REGULATIONS

(a)

GENERAL REGULATIONS.--

(1)

ISSUANCE.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, and the Chairman of the Board of the Tennessee Valley Authority, after consultation with the other Federal land managers and representatives of concerned State agencies, and after public notice and hearing, shall issue such regulations as are appropriate to carry out this Act.

(2)

EFFECTIVE DATE.--A regulation may not take effect before the date that is 90 days after the date of issuance of the regulation.

(b)

REGULATIONS OF FEDERAL LAND MANAGERS.--Each Federal land manager shall issue such regulations, consistent with the regulations issued under subsection (a), as are appropriate for carrying out the functions and authorities of the land manager under this Act.

SEC. 17 SAVINGS PROVISIONS.

Nothing in this Act is intended to--

(1)

invalidate, modify, or impose additional restrictions on the activities permitted under laws in effect on the date of enactment of this Act and authorities relating to mining, mineral leasing, reclamation, and other similar uses of Federal lands;

(2)

apply to, or require a permit for, the collection for private purposes of a rock, mineral, or invertebrate or plant fossil that is not protected under this Act; and

(3)

affect any lands other than Federal lands or affect the lawful recovery, collection, or sale of vertebrate paleontological resources from lands other than Federal lands.

SEC. 18. SURVEYING OF LANDS.

The Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, and the Chairman of the Board of the Tennessee Valley Authority shall each--

(1)

develop plans for surveying lands under the jurisdiction of the Secretary or the Chairman to determine the nature and extent of vertebrate paleontological resources on the lands;

(2)

prepare a schedule for surveying the lands that are likely to contain scientifically significant vertebrate paleontological resources; and

(3)

prepare a schedule for conducting an inventory of sites at which vertebrate paleontological resources are known to be located, including sedimentary rock formations, and for collecting such information as the Secretary or the Chairman determines is appropriate.

SEC. 19. EFFECT ON AUTHORITY OF FEDERAL AGENCIES.

Nothing in this Act is intended to alter or diminish the authority of a Federal agency under any other law to provide greater protection for vertebrate paleontological resources on Federal lands than the protection provided under this Act.