ISSUE BRIEF: Oppose The Paleontological Resources Preservation Act in the House
Miners, rock hounds, and nature enthusiasts beware!
The Issue:
The Paleontological Resources Preservation Act (S. 320/H.R. 554) is a bill that seeks “to provide for the protection of paleontological resources (i.e. fossils and artifacts) on federal lands.” The legislation may sound benign on its surface, yet it could have very dire unintended consequences for mining companies, rock hounds (geology enthusiasts) and average citizens who enjoy our national forests.
This Act creates civil penalties (including confiscation of property) for: 1) the excavation, removal, or alteration of a paleontological resource located on federal lands; 2) exchange or receipt such a resource, if the person knew or should have known such resource to have been illegally removed from federal lands; or 3) selling or purchasing a paleontological resource, if the person knew or should have known such a resource to have been illegally removed from federal lands.
Impacts on the West:
If a person were to be out hiking and picked up a rock as a souvenir, an enforcement officer who discovers this situation, at his or her discretion, could seize the equipment and the vehicle in use by the person or family at the time of the “offense.”
According to Scott Harn, editor of the International California Mining Journal’s Prospecting and Mining Journal, the dangers of the legislation are as follows:
The government does not have to prove beyond a reasonable doubt that a person intended to take a protected resource. The government would only have to convince a judge or jury that it was more likely than not (51%) that a person intended to disturb or take a protected resource in order to keep their possessions. This law would accidentally snare people who are not experts in identifying these protected artifacts.
Even if a person eventually prevails in their case should they be prosecuted under this Act, their family would be without the use of the equipment and vehicle until the case is adjudicated, which could be months or even years, creating an extreme hardship in many cases. The government would likely try to obtain a guilty plea in exchange for a reduced penalty or the return of some of the personal property, which many innocent citizens would accept to avoid the cost and inconvenience of a trial.”
Like the Endangered Species Act, this Act has the potential to be used by radical environmentalists to prohibit development in any place they wish not to see development take place. This could be especially true in the mining industry.
Solutions:
- Take 60 seconds to tell Congress you oppose legislation that snares innocent people, and that you oppose the Paleontological Resources Preservation Act!
Take Action on this Issue