NEW PUBLIC LAW TO PROTECT AND PRESERVE PALEONTOLOGICAL RESOURCES ON FEDERAL LAND

On March 30, 2009 the Paleontological Resources Preservation Act (PRPA) became law when President Barack Obama signed the Omnibus Public Lands Management Act (OPLA) of 2009, Public Law 111-11. In OPLA Title VI, Subtitle D on Paleontological Resources Preservation, the Secretaries of the Interior and Agriculture are directed to “manage and protect paleontological resources on Federal land using scientific principles and expertise.” For the individual Federal land management agencies, the effects of PRPA will generally be minimal because PRPA affirms many of the existing policies currently employed by these agencies. Paleontological permitting will now be authorized under PRPA. Also, PRPA will provide law enforcement with new tools and authorities for prosecuting fossil theft and paleontological resources damage cases. Additionally, on National Park Service (NPS) lands, management and preservation of resources will not drastically change, except regarding law enforcement issues.

The most significant contribution of PRPA is its provisions pertaining to law enforcement and protection of paleontological resources. These new provisions include the authority for criminal and civil penalties that are targeted at large scale fossil theft, interstate commerce, and repeat offenders. PRPA also requires that the Secretaries of the Interior and Agriculture allow casual collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal use without a permit on certain federal lands. Under PRPA, the Federal land agencies will also establish programs to increase public awareness and will develop plans for inventorying, monitoring, and deriving the scientific and educational use of paleontological resources.