To ACRA-L and others concerned about protecting our national heritage:
Although the following message pertains to invertebrate fossils and not
archaeological/historical resources, the "collateral damage" as the military
says, could be enormous and affect many other resources as well, both natural
and cultural.
We are helping SAFE, an organization formed to "Save America's Fossil's for
Everyone" to fight this legislation. Your help is urgently need and would be
greatly appreciated!
-- Loretta Neumann & Kathleen Schamel
P.S. Please forgive duplicate postings--we didn't have time to merge/purge
our lists!!!
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BILL INTRODUCED IN CONGRESS
WOULD ALLOW EXPLOITATION OF FOSSILS ON PUBLIC LANDS
Your Help Is Needed!
Another assault has been launched against our nation's public lands and
resources. A bill, H.R. 2943, has been introduced in the House of
Representatives to allow private exploitation of publicly owned vertebrate
fossils. These are the remains of dinosaurs and other animals with backbones
such as fishes, frogs, mammoths and other mammals that lived prior to the
Holocene. Up to now they have been protected by federal laws and
regulations.
H.R. 2943, introduced on February 1 by Rep. Tim Johnson (D-SD) and Rep.
Joe Skeen (R-NM), would change all that. It would allow for the private
collecting of publicly owned vertebrate fossils. Indeed, despite its title
(the "Fossil Preservation Act of 1996") and its purported purpose ("to
secure, for the present and future benefit of the people of the United
States, the protection, including collection and preservation, of fossils
that are on Federal lands") the bill is a sham. H.R. 2943 should more
appropriately be renamed the "Fossil Destruction Act." Among other things,
it does the following:
Removes Public Ownership
H.R. 2943 would allow for the transfer of ownership of fossils from Federal
public lands to private individuals, including commercial collectors.
Under present law, fossils on the public lands belong to everyone.
No single person or institution has ownership.
Allows Unrestricted Collecting
The bill makes no provision limiting the collecting to a single area or
limiting contiguous 2 square meter areas. Section 4, Management of Fossils on
Public Lands states "collection of fossils from the surface is not subject to
advance notice to a Federal land manager of issuance of a permit....[if it]
results in surface disturbance of less than two square meters of the earth.."
This provision would endanger the vast majority of scientifically important
(and monetarily valuable) fossils which are small and recoverable from an
area measuring less than two square meters. This includes holotype specimens
(the specimens that form the basis of the name of the fossil). Most fossils
are smaller than dinosaurs and would fit within two square meters. The
"reconnaissance" collecting on Federal public lands "may involve the use of
simple hand tools (such as hammers, chisels, pry bars, and rakes)"
Decreases Federal Control
The bill also provides that activities under 2 meters will not require
notification or permits. Quarrying permits, for areas over 2 meters or when
using more than hand tools, will be issued by the National Fossil Council.
The Council, established in section 9, is chaired by the Director of the
U.S. Geological Survey, with representation from the Smithsonian Institution,
the Society of Vertebrate Paleontology, the Paleontological Society, the
Bureau of Land Management or the Department of Agriculture, the American
Association of Paleontological Suppliers (commercial paleontologists), and
the amateur paleontological and/or rock-hound community. If enacted, the
Federal land manager will no longer issue permits, as is currently the
process.
Preserves Only "Scientifically Unique" Specimens.
Section 4 of the bill states that the determination of which specimens are
"unique" will be made in advance or after the fact (in some circumstances) by
the "National Fossil Council," whose membership includes commercial
companies, which could be a conflict interest.
Allows Sale of Scientifically Unique Specimens
Section 7 of the bill would allow "scientifically unique" specimens to be
sold at the discretion of the Director of the United States Geological
Survey, who may or may not have paleontological expertise. Without a clear
definition, "unique" could just mean "one-of-a-kind." Hence, fossils
yielding new information crucially relevant for studies in intra specific
variability, functional morphology, paleoecology, paleoclimatology,
biostratigraphy, taphonomy, etc. might not qualify.
Enfranchises Commercial Collectors
Section 6 would enfranchise commercial collectors to quarry for fossils on
Federal lands for a permit fee and a royalty, putting this before any
educational or scientific benefits. The royalty would be determined by the
National Fossil Council as a percentage of the "fair market value" of the
specimen being sought. The bill is silent, however, on how it could be
determined in advance exactly what would be found, and in what condition of
preservation, completeness, etc --all of which bears on eventual worth.
Although it would require commercial collectors to turn over to the U.S.
Geological Survey any scientifically "unique" fossil unexpectedly recovered
during quarrying, unless this has been determined in advance for all fossils,
how is the collector to know what is "unique"? Scientifically "unique"
fossils tend to be commercially valuable.
Provides weak penalties.
H.R. 2943 would authorize only civil, not criminal, penalties with maximum
fines of $100,000. Without meaningful deterrents, unethical commercial
entities -- some of whom have already been convicted of felony crimes under
current fossil and customs law -- would be in a position to disregard the
law. Law enforcement experts have urged inclusion of criminal penalties to
facilitate prosecutions.
Conflicts with Statutes and Regulatory Language
The bill directly conflicts with the Antiquities Act of 1906, which has long
protected fossil vertebrates on public lands, and other laws and regulations
governing the nation's public lands. If enacted, it would set a precedent
that threatens other laws, such as the Archaeological Resources Protection
Act, that protect our public lands.
HOW YOU CAN HELP
Help from both organizations and individuals is needed to help save
vertebrate fossils on the public lands. H.R. 2943 was jointly referred to
three committees: House Resources, Agriculture, and Transportation
Committees. These committees, and all other members of Congress as well,
need to know how bad this legislation is. Here's what you can do.
National Organizations
National organizations should send letters to the chairmen and ranking
members of the House Resources, Agriculture and Transportation Committees,
U.S. House of Representatives, Washington, D.C. 20515. Urge them NOT to act
on H.R. 2943, the "Fossil Destruction Act." Explain the problems with the
bill from your organization's perspective.
Don Young (R-AK), Chairman House Resources Committee
George Miller (D-CA), Ranking Member House Resources Committee
Pat Roberts (R-KS), Chairman House Agriculture Committee
E "Kika" de la Garza (D-TX), Ranking Member House Agriculture Committee
Bud Shuster (R-PA), Chairman House Transportation Committee
Norman Mineta (D-CA), Ranking Member House Transportation Committee
Also, write to Senator Tom Daschle (D-SD) and urge him NOT to introduce
similar legislation in the Senate. Again, explain the problems with the bill
from your organization's perspective.
And please share this information with your entire membership. Ask them to
write to their own Members of Congress urging them not to cosponsor or
support H.R. 2943 (see hints below on what they can do.)
Individuals (and State/Local Groups)
Please write to your Representative in the House expressing your opposition
to the bill and urging him or her not to cosponsor it. If you live in the
District of Representative Tim Johnson (D-SD) or Joe Skeen (R-NM), write and
express your disappointment in their introducing the bill and state your
opposition to it. Mention how this legislation would open up public lands
for private gain and remove important fossils from the public's reach.
Personalize the message and ask for a response. Also, let SAFE know what
you have done (send us copies of your letters or e-mails and any response you
get).
Ask your friends and colleagues to help. Alert your local organizations,
professional societies and environmental groups about this harmful bill. Ask
them to write to Congress.
CONTACTING CONGRESS
Any Member of the House of Representatives can be reached by writing to The
Honorable (full name of Representative), US House of Representatives,
Washington, D.C. 20515 or The Honorable (full name of Senator), U.S. Senate,
Washington, D.C. 20510. Any office in the US Capitol can be reached through
the Capitol Switchboard at (202) 224-3121.
You can get a copy of the bill on the Internet through Thomas at
/http://thomas.loc.gov or by calling the House Document room at 202-225-3456,
or writing to House Document Room, Boom B-18, Annex #2, Washington, DC 20515.
Ask for H.R. 2943 (in this case, use the sponsors' title, "Fossil
Preservation Act").
SAVE AMERICA'S FOSSILS FOR EVERYONE (SAFE!)
This notice was produced by SAFE, a non-profit organization founded by the
Society of Vertebrate Paleontology to promote responsible legislation
regarding the protection and preservation of our Nation's fossil heritage on
Federal public lands. For more information see the SAFE home page
http://cope.ummz.lsa.umich.edu/safe/ or write to SAFE, 401 Michigan Ave,
Chicago, IL 60611-4267, or contact SAFE President Lawrence J. Flynn, (617)
496-3945; fax (617) 495-7535, e-mail [log in to unmask]
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