Final Rules for Casual Collecting on BLM and other Federal Lands

[DPS Ammonite]

A final rule has been published for managing paleontological resources on Bureau of Land Management, National Park Service, Fish and Wildlife Service and Bureau of Reclamation lands. Casual collecting of fossils is generally allowed on BLM lands and not allowed on National Park Service and Fish and Wildlife Service lands. Bureau of Reclamation allows casual collecting of fossils only in specifically set aside areas. 
 

https://www.federalregister.gov/documents/2022/08/02/2022-16405/paleontological-resources-preservation

 

Start with reading about “casual collecting”, but read the whole thing:

 

 

“§ 49.810 

What is casual collecting?

(a) Casual collecting means the collecting without a permit of a reasonable amount of common invertebrate or plant paleontological resources for non-commercial personal use, either by surface collection or the use of non-powered hand tools, resulting in only negligible disturbance to the Earth's surface or paleontological or other resources.

(1) Common non-vertebrate paleontological resources means common invertebrate or plant paleontological resources.

(2) Reasonable amount means a maximum of 25 pounds of common non-vertebrate paleontological resources per day per person. Where the common non-vertebrate paleontological resources are embedded in rock, the collector, using non-motorized hand tools, may remove a slab or cobble of rock that exceeds 25 pounds in order to preserve the integrity of the embedded specimen.

(3) Negligible disturbance means little or no change to the surface of the land and minimal or no effect to natural and other resources.

(4) Non-commercial personal use means a use other than for purchase, sale, financial gain, or research.

(5) Non-powered hand tools means tools that do not use or are not operated by a motor, engine, or other mechanized power source, and that can be hand-carried by one person.

 

§ 49.805 

Where is casual collecting allowed?

(a) Casual collecting of common invertebrate or plant paleontological resources is allowed on lands administered by BLM, except on BLM-administered land that is closed to casual collecting in accordance with this part, other statutes, executive orders, regulations, proclamations, or land use plans.

 

(b) Casual collecting of common invertebrate or plant paleontological resources is allowed on lands administered by Reclamation only in locations where the bureau has established a special use area for casual collecting using processes defined in 43 CFR part 423, Public Conduct on Bureau of Reclamation Facilities, Lands, and Waterbodies. Casual collecting is prohibited on Reclamation project land that is administered by NPS or FWS.”

 

Here is a government press release: 

 

https://www.doi.gov/pressreleases/interior-department-releases-coordinated-approach-better-protect-fossils-federal-lands

 

Keep a copy of the rules when collecting on Federal lands such as BLM, US Forest Service and Bureau of Reclamation lands. Always contact the local agency offices to find specific information and restrictions for fossil collecting on their land. Here are the rules previously published for US Forest Service (USFS) lands:

 

https://www.ecfr.gov/current/title-36/chapter-II/part-291#291.5

 

I noticed a few differences between collecting on BLM versus USFS lands. The BLM allows tools such as picks and shovels with long handles while the USFS only allows tools with short handles.

 

“Non-powered hand tools mean small tools that do not use or are not operated by a motor, engine, or other power source. These tools are limited to small tools that can be easily carried by hand such as geologic hammers, trowels, or sieves, but not large tools such as full-sized shovels or pick axes.”

USFS rules from: Title 36, Chapter II, Part 291, § 291.5. 

 

The BLM allows collecting more than the maximum of 25 pounds of fossils in a day if a slab is larger than 25 pounds  to “protect the integrity of the embedded specimen.” The USFS limits fossils to 25 pounds a day with no exceptions. In other words, you don’t have to field prep BLM fossils found in a large slab to reduce the weight to 25 pounds thus reducing possibly damage to the fossils.

 

“Reasonable amount means a maximum per calendar year of one-hundred pounds by weight, not to exceed twenty-five pounds per day.”

USFS rules from: Title 36, Chapter II, Part 291, § 291.5.

 

Another comment: fossil collecting on Bureau of Reclamation lands such as Lake Texoma may be restricted unless specifically designation areas are created.

 

Again: read the rules and keep a copy with you while collecting fossils. Always contact the local office for further information. 

[hadrosauridae]

Do you know  what (if any) has changed in this "final" ruling?  Looks exactly like what I remember reading in years past.

[DPS Ammonite]

19 minutes ago, hadrosauridae said:

Do you know  what (if any) has changed in this "final" ruling?  Looks exactly like what I remember reading in years past.

Read the ruling. I believe that they have a list of changes. The formatting did not copy well:

 

 

“Summary of Changes From the Proposed Rule

After taking the public comments into consideration and after additional review, the bureaus made the following substantive changes in the final rule. Additionally, the bureaus made small, non-substantive stylistic, formatting, and structural changes to better serve the reader. For a more detailed discussion of these changes, refer to the preceding section entitled “Summary of Public Comments” and bureau responses, organized by subpart.

 

Title 43	Description of change
Subpart A	Changed heading from “Managing, Protecting, and Preserving Paleontological Resources” to “Preserving, Managing, and Protecting Paleontological Resources.”
§ 49.1	Replaced “fossils” with “paleontological resources” here and throughout the final rule to clarify that the rule applies to paleontological resources, which are a subset of fossils.
§ 49.5	Replaced the term “authorized officer” with “Federal land manager” for clarification and consistency with other laws and regulations.
§ 49.5	Replaced the term “curatorial services” with “curation.” DOI reverted to the language used by USDA at 36 CFR 291.5 in order to remain consistent with the Forest Service, existing DOI policy at 411 DM, and with the Act. Previous versions, including the proposed rule, stated the same information, but DOI found that the USDA version of the definition provided the clearest definition of curation.
§ 49.5	Clarified definitions of “collection,” “consumptive analysis,” “day,” “fossilized,” and “nature.”
§ 49.5	Added definitions of “deposit,” “preparation,” and “working collection.”
§ 49.15	Added language to clarify that on lands administered by BLM or Reclamation, certain fossilized mineral materials, including petrified wood, and conodonts (microscopic remains of a Paleozoic-era eel-like animal) are not subject to these regulations.
§ 49.25	Streamlined and simplified the process of determining when specific locality information may be disclosed by eliminating the requirement for the Federal land manager to enter into written agreements with each party seeking disclosure; authorizing the Federal land manager to define bureau confidentiality requirements consistent with the regulation; and clarifying that the disclosure of information in furtherance of the Act does not constitute an official public disclosure under the Freedom of Information Act.
Subpart B	Corrected section-numbering sequence throughout this subpart. In the proposed rule, these sections were numbered §§ 49.50 through 49.95. In the final, they are numbered §§ 49.100 through 49.145. Subsequent citations in this table refer to the corrected numbers.
§ 49.100	Clarified that a permit may be required for paleontological research or consulting activities and eliminated the requirement for a permit for disturbance because the term “disturbance” was unclear in this context.
§ 49.105(b)	Clarified that a person not meeting the criteria to receive a permit can perform work under an issued permit when appropriately supervised by a permittee.
§ 49.110	Eliminated the requirement contained in the proposed regulation that would have required permit applicants to possess a graduate degree.
§ 49.115	Simplified permit application requirements by using concise language, and by not requiring that permit applicants include written verification of collection acceptance from a repository in their permit applications. The verification from the repository is a condition of permit approval, not the permit application.
§ 49.120	Removed the repository approval process from the permit approval process, in order to speed up and simplify the permit decision. Under the final regulation, repository approval may happen at any time.
§ 49.125(a)(1)	Clarified that both permittees and approved repositories named in the permit are subject to the Act and regulations' confidentiality requirements, and that they may disclose information if the Federal land manager determines that the disclosure is consistent with applicable bureau policy.
§ 49.125(a)(2)	Removed a permittee reporting requirement regarding persons conducting activities under a permit (proposed § 49.75(a)(2)), and replaced it with the requirement to maintain a safe and secure worksite.
§ 49.125(a)(8)	Added requirement for permittees to safeguard collections and related data until the collection is deposited in the approved repository named in the permit.
§ 49.125(a)(10)	Clarified that a permittee cannot also act as the repository official who signs the receipt for collections.
§ 49.125(a)(11)	Added requirement that copy of the permit and other associated records must accompany the collection during transport and be provided to the approved repository named in the permit.
§ 49.125(a)(13)	Clarified that permittees are responsible for the costs of the permitted activity, including initial curation costs. Proposed rule stated that permittees are responsible for all curation costs.
§ 49.125(e)	Added permit modification, suspension, and revocation to the possible consequences of permittee non-compliance with the terms of a permit.
§ 49.130	Added a provision that bureaus may modify permits when there is a potential violation of a term or condition.
§ 49.140	Clarified the permit-related decisions by NPS may be reconsidered, rather than appealed, to be consistent with other NPS permitting practices.
§ 49.200(a)	Clarified that, under this regulation, repositories are approved to receive a collection, not generally approved for everything.
§ 49.200(c)	Added authorization for Federal land managers to move paleontological resource collections that do not further paleontological knowledge, public education, or management of paleontological resources into working collections.
§ 49.205	Deleted the language requiring repository approval during the permit approval process, in order to provide more flexibility and speed up permit decisions. Also, simplified the requirements for approval of a proposed repository. Also, amended the process for Federal land managers to follow in the event of a repository's lack of compliance with the approval criteria.
§ 49.210	Eliminated entire section that was in the proposed rule regarding the process for depositing a collection at an approved repository because of public comment and because it was redundant with § 49.125(a)(10). This section now addresses the terms and conditions of agreements between the bureaus and repositories, which were formerly addressed by § 49.215.
§ 49.210(b)(5)	Now clarifies that determinations related to disclosure of specific locality information pursuant to § 49.25 are made by the Federal land manager.
§ 49.210(b)(7)	Now clarifies that agreements between bureaus and approved repositories must address loans to other entities.
§ 49.210(b)(10)	Now contains detail about the provision of publications or reports to the bureaus.
§ 49.210(b)(12)	Added affirmative requirement that repository employees must work to preserve and protect specimens in their care using best professional practices.
§ 49.215	With the elimination of one of the sections from the proposed rule (§ 49.210), the bureaus were able to move all subsequent sections up in this final rule. Thus, this section was, in the proposed rule, § 49.220.
§ 49.215(a)	Streamlined this language from the proposed rule to make it shorter, simpler, and less redundant with the definitions section.
§ 49.215(b)	Included language to clarify that the Federal land manager may remove specimens from museum collections and assign them to working collections. This will reduce burdens on repositories.
§ 49.215(c)	Added clarifying language regarding the fees that repositories may charge to recover their costs.
§ 49.300(b)	Added option for a person to return paleontological resources that were collected or obtained in violation of the Act without penalty to the Federal land manager if deemed appropriate by the Federal land manager.
§ 49.400	Streamlined the language regarding the effective date of this criminal penalties subpart and added minor clarifying edits to enhance wording consistency between this section and subpart G.
§ 49.500-49.535	Minor clarifying edits such as reorganization of a sentence, making headings lower-case, elimination of redundant clauses and sentences, and simplification of language.
§ 49.540	Added new paragraphs (c) and (d) for improved consistency between this subpart's hearing provisions and existing DOI regulations pertaining to hearings.
§ 49.575(a)	Added “prepare” and “curate” to the list of actions that can be funded by collected civil penalties. These are subsets of the terms “protect,” “restore,” and “repair.” These latter terms appeared in the proposed regulation and appear in the Act, but the final regulation includes “prepare” and “curate” as well, for the sake of clarity.
Subpart G	Throughout this subpart, added language to clarify that this subpart defines scientific value, commercial value, and the cost of response, restoration and repair only for determining civil and criminal penalties, not for any other purpose.
§ 49.600	Clarifies that scientific value is determined for the calculation of criminal and civil penalties, and clarifies the various components for determining this value.
§ 49.605	Clarifies that commercial value is determined for the calculation of criminal and civil penalties, and clarifies the various components for determining this value.
§ 49.610	Clarifies that cost of response, restoration, and repair is determined for the calculation of criminal and civil penalties, and clarifies the various components for determining this value. Adds preparation and stabilization to the calculation of this cost.
§ 49.700	Removes the reference to “stolen Federal property” because it is unnecessary for purposes of this section.
§ 49.805(a)	Removed list of specific types of BLM-administered lands, such as national monuments, national conservation areas, outstanding natural areas, or forest reserves that BLM had proposed for closure to casual collection by regulation. All BLM-managed public lands are open to casual collection unless specifically closed by statute or through the process at § 49.40 of these regulations.
§ 49.810(a)(1)	Added “non-vertebrate paleontological resources” as a shorthand for “invertebrate or plant paleontological resources” for simplicity and streamlining.
§ 49.810(a)(2)	Removed limitation that a person may collect only 100 pounds of common plant and invertebrate paleontological resources per year. Also allows collectors to remove a slab or cobble of rock that exceeds 25 pounds in order to preserve the integrity of an embedded specimen.
§ 49.810(a)(3)	Removed the language that was in the proposed rule regarding the size of and distance between disturbed areas as a component of the definition of negligible disturbance.
§ 49.810(a)(5)	Removed reference to the size of hand tools to be more consistent with the Act, which focused on the non-powered aspect of the hand tools rather than their size.
§ 49.810(c)	Established that Federal land managers will consult with knowledgeable paleontologists to determine which plant and invertebrate paleontological resources are not common.”

Edited August 11, 2022 by DPS Ammonite