Paleontological Resources Preservation rule (2022)
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The Paleontological Resources Preservation rule is a significant rule issued by the Bureau of Land Management (BLM), Bureau of Reclamation (Reclamation), U.S. National Park Service (NPS), U.S. Fish and Wildlife Service (FWS); U.S. Department of the Interior (DOI) effective September 21, 2022, that aimed to preserve and protect paleontological resources on federally owned land. It created standards for the management, collection, and curation of resources, and laid out penalties for illegal collection or damage of paleontological resources. This rule is in accordance with the Paleontological Resources Preservation Act.[1]
Timeline
The following timeline details key rulemaking activity:
- September 1, 2022: The final rule took effect.[1]
- August 2, 2022: DOI issued the final rule.[1]
- January 6, 2017: The comment period closed.[2]
- December 7, 2016: DOI issued the proposed rule and opened the comment period.[2]
Background
The BLM, Reclamation, NPS, and FWS worked to manage, collect, curate, and protect fossils under differing legal authorities. Because the laws and regulations under which the fossils were handled were not uniformly implemented or clearly understood, the U.S. Department of Agriculture (USDA), Forest Service (FS), and the Smithsonian Institution prepared a report on the need for Federal regulations, the availability of fossils for scientific study, and the success of current preservation and collection methods. The report was published in 2000. In 2009, the Omnibus Public Land Management Act was passed with the Paleontological Resources Preservation Act (PRPA) as a subtitle that took into account the recommendations in the 2000 report.[1]
Summary of the rule
The following is a summary of the rule from the rule's entry in the Federal Register:
| “ | The U.S. Department of the Interior (DOI or Department) is promulgating this regulation under the Paleontological Resources Preservation Act. This regulation provides for the management, preservation, and protection of paleontological resources on lands administered by the Bureau of Land Management, the Bureau of Reclamation, the National Park Service, and the U.S. Fish and Wildlife Service, and ensures that these federally owned resources are available for present and future generations to enjoy as part of America's national heritage. The regulation addresses the management, collection, and curation of paleontological resources from Federal lands using scientific principles and expertise, including collection in accordance with permits; curation in an approved repository; and maintenance of confidentiality of specific locality data. The regulation details the processes related to the civil and criminal penalties for illegal collecting, damaging, otherwise altering or defacing, or selling paleontological resources.[1][3] | ” |
Summary of provisions
The following is a summary of the provisions from the rule's entry in the Federal Register:[1]
| “ | Subpart A—Preserving, Managing, and Protecting Paleontological Resources
Subpart A of the final regulation (43 CFR 49.1 through 49.40) implements several provisions of the Act, including 16 U.S.C. 470aaa, 470aaa–1, 470aaa–2, 470aaa–8, 470aaa–9, and 470aaa–10. This subpart explains the scope of the rule (§ 49.1); contains definitions of key terms used in the regulation (§ 49.5); clarifies that this rule does not supplant other laws and regulations that authorize the bureaus to preserve, manage, and protect paleontological resources on and from Federal lands (§ 49.10); explains the locations and situations in which this rule does not apply (§ 49.15); explains that the regulation does not create new rights or entitlements (§ 49.20); explains when confidentiality of information about specific localities of paleontological resources is required (§ 49.25); describes how the bureaus will conduct inventory, monitoring, and preservation activities (§ 49.30); describes how the bureaus will foster public education and awareness (§ 49.35); and explains the circumstances in which the bureaus may restrict access or collection (§ 49.40). Subpart B—Paleontological Resources Permitting; Requirements, Modifications, and Appeals Subpart B of the final regulation (43 CFR 49.100 through 49.145) implements the permitting provisions at 16 U.S.C. 6304 of the Act. This subpart specifies when a permit is required to collect paleontological resources from Federal land (§ 49.100); describes who may receive a permit (§ 49.105); describes permit applicant qualification requirements (§ 49.110); explains where to file permit applications and the required content (§ 49.115); sets out how bureaus make decisions about permit applications (§ 49.120); describes the terms and conditions required for permits (§ 49.125); explains when and how a permit may be modified, suspended, revoked or cancelled (§ 49.130); states that permit-related decisions are appealable (§ 49.135); sets forth the permit appeal process (§ 49.140); and states that OMB has approved the information collection provisions in this regulation (§ 49.145). Subpart C—Management of Paleontological Resource Collections Subpart C of the final regulation (43 CFR 49.200 through 49.215) implements section 6305 of the Act (16 U.S.C. 470aaa–4). This subpart requires paleontological resources collected under the final regulation to be deposited into an approved repository (§ 49.200); lists the criteria for approval of a repository (§ 49.205); lists the requirements for agreements between bureaus and approved repositories (§ 49.210); and describes the standards for management of collections made under the final regulations (§ 49.215). Subpart D—Prohibited Acts Subpart D of the final regulation contains one section (43 CFR 49.300). For public notice and clarity, this subpart restates section 6306 of the Act (16 U.S.C. 470aaa–5). Subpart E—Criminal Penalties Subpart E of the final regulation implements section 6306 of the Act (16 U.S.C. 470aaa–5). Subpart E contains one section, 43 CFR 49.400, which describes the criminal penalties applicable to persons who knowingly commit or counsel, solicit, or employ another person to commit any of the prohibited acts described in subpart D. Bureaus may also utilize other authorities to issue citations for criminal violations involving paleontological resources. Subpart F—Civil Penalties Subpart F of the final regulation (43 CFR 49.500 through 49.575) implements section 6307 of the Act (16 U.S.C. 470aaa–6), and sets forth the process and requirements for the assessment of a civil penalty upon a person who commits one of the actions prohibited by subpart D. This subpart describes when a civil penalty may be assessed (§ 49.500); explains that the first step of the process is issuance of a notice of violation (§ 49.505); describes the contents of the notice of violation, including a proposed assessment of civil penalty (§ 49.510); explains how a person may object to the notice of violation (§ 49.515); explains the timing of a final assessment of civil penalty (§ 49.520); describes how the proposed and final assessments of civil penalty are calculated (§ 49.525); describes the service and contents of a final assessment of civil penalty (§ 49.530); sets forth the person's options for responding to the final assessment of civil penalty (§ 49.535); describes the procedures for a hearing, if requested, at the Departmental Cases Hearings Division (§ 49.540); describes the contents of the administrative law judge's decision, if there is one (§ 49.545); describes how that decision may be appealed (§ 49.550); explains the procedures governing such an appeal (§ 49.555); sets forth the deadlines for payment of the civil penalty (§ 49.560); explains when a person assessed a civil penalty may seek judicial review (§ 49.565); explains the consequences of failing to pay the civil penalty (§ 49.570); and describes the uses for collected civil penalties (§ 49.575). Subpart G—Determining Scientific Value, Commercial Value, and the Cost of Response, Restoration, and Repair The purpose of subpart G (43 CFR 49.600 through 49.610) of the final regulation is to establish the factors used to determine the level of criminal penalties that will be imposed under subpart E and the amount of civil penalties that will be imposed under subpart F of the final regulations. Subpart G, which implements sections 6306(c) and 6307(a)(2) of the Act (16 U.S.C. 470aaa–5(c) and 470aaa–6(a)(2)), does not apply to other management aspects of paleontological resources under the final regulation and the Act. This subpart describes how scientific value is determined for criminal and civil penalties (§ 49.600); describes how commercial value is determined for criminal and civil penalties (§ 49.605); and describes how the cost of response, restoration, and repair is determined for criminal and civil penalties (§ 49.610). Subpart H—Forfeiture and Rewards The purpose of subpart H (43 CFR 49.700 and 49.705) is to implement section 6308 of the Act (16 U.S.C. 470aaa–7). This subpart explains how forfeiture of paleontological resources that are related to a violation of the Act and the final regulation may take place (§ 49.700); and explains how rewards for information leading to a finding of civil violation or criminal conviction are to be determined and distributed (§ 49.705). Subpart I—Casual Collection of Common Invertebrate or Plant Paleontological Resources on Bureau of Land Management and Bureau of Reclamation Administered Lands The purpose of subpart I (43 CFR 49.800 through 49.810) is to implement casual collection as authorized by sections 6301(1) and 6304(a)(2) of the Act (16 U.S.C. 470aaa(1) and 470aaa–3(a)(2)). This subpart clarifies that casual collecting is not allowed on lands administered by NPS or FWS (§ 49.800); describes where casual collecting is allowed on lands administered by BLM and Reclamation (§ 49.805); and defines the parameters of casual collecting (§ 49.810).[3] |
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Significant impact
- See also: Significant regulatory action
Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.
Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]
The text of Paleontological Resources Preservation states that OMB deemed this rule significant, but not economically significant:
| “ | Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this rule is significant... This rule will not have a significant economic effect on a substantial number of small entities under the [Regulatory Flexibility Act] (5 U.S.C. 601 et seq.).[3] | ” |
Text of the rule
The full text of the rule is available below:[1]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Federal Register, "Paleontological Resources Preservation", November 20, 2023.
- ↑ 2.0 2.1 Federal Register, "Paleontological Resources Preservation", November 20, 2023.
- ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
