H.R.980 - Moccasin Bend National Archeological District Act107th Congress (2001-2002)
Bill
Hide OverviewSponsor: | Rep. Wamp, Zach [R-TN-3] (Introduced 03/13/2001) |
---|---|
Committees: | House - Resources | Senate - Energy and Natural Resources |
Latest Action: | Senate - 11/22/2002 Message on Senate action sent to the House. (All Actions) |
Tracker:
This bill has the status Passed Senate
Here are the steps for Status of Legislation:
- Introduced
- Passed House
- Passed Senate
Subject — Policy Area:
- Public Lands and Natural Resources
- View subjects
Text: H.R.980 — 107th Congress (2001-2002)All Information (Except Text)
Text available as:
- TXT
- PDF (PDF provides a complete and accurate display of this text.) Tip?
Shown Here:
Engrossed Amendment Senate (11/29/2002)
[Congressional Bills 107th Congress] [From the U.S. Government Printing Office] [H.R. 980 Engrossed Amendment Senate (EAS)] In the Senate of the United States, November 20 (legislative day, November 19), 2002. Resolved, That the bill from the House of Representatives (H.R. 980) entitled ``An Act to establish the Moccasin Bend National Historic Site in the State of Tennessee as a unit of the National Park System.'', do pass with the following AMENDMENTS: Strike out all after the enacting clause and insert: TITLE I--MOCCASIN BEND NATIONAL ARCHEOLOGICAL DISTRICT. SEC 101. SHORT TITLE. This title may be cited as the ``Moccasin Bend National Archeological District Act''. SEC. 102. DEFINITIONS. As used in this title: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Archeological district.--The term ``archeological district'' means the Moccasin Bend National Archeological District. (3) State.--The term ``State'' means the State of Tennessee. (4) Map.--The term ``Map'' means the map entitled ``Boundary Map, Moccasin Bend National Archeological District'', numbered 301/80098, and dated September 2002. SEC. 103. ESTABLISHMENT. (a) In General.--In order to preserve, protect, and interpret for the benefit of the public the nationally significant archeological and historic resources located on the peninsula known as Moccasin Bend, Tennessee, there is established as a unit of Chickamauga and Chattanooga National Military Park, the Moccasin Bend National Archeological District. (b) Boundaries.--The archeological district shall consist of approximately 780 acres generally depicted on the Map. The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (c) Acquisition of Land and Interests in Land.-- (1) In general.--The Secretary may acquire by donation, purchase from willing sellers using donated or appropriated funds, or exchange, lands and interests in lands within the exterior boundary of the archeological district. The Secretary may acquire the State, county and city-owned land and interests in land for inclusion in the archeological district only by donation. (2) Easement outside boundary.--To allow access between areas of the archeological district that on the date of enactment of this title are noncontiguous, the Secretary may acquire by donation or purchase from willing owners using donated or appropriated funds, or exchange, easements connecting the areas generally depicted on the Map. SEC. 104. ADMINISTRATION. (a) In General.--The archeological district shall be administered by the Secretary in accordance with this title, with laws applicable to Chickamauga and Chattanooga National Military Park, and with the laws generally applicable to units of the National Park System. (b) Cooperative Agreement.--The Secretary may consult and enter into cooperative agreements with culturally affiliated federally recognized Indian tribes, governmental entities, and interested persons to provide for the restoration, preservation, development, interpretation, and use of the archeological district. (c) Visitor Interpretive Center.--For purposes of interpreting the historical themes and cultural resources of the archeological district, the Secretary may establish and administer a visitor center in the archeological district. (d) General Management Plan.--Not later than 3 years after funds are made available for this purpose, the Secretary shall develop a general management plan for the archeological district. The general management plan shall describe the appropriate protection and preservation of natural, cultural, and scenic resources, visitor use, and facility development within the archeological district consistent with the purposes of this title, while ensuring continued access to private landowners to their property. SEC. 105. REPEAL OF PREVIOUS ACQUISITION AUTHORITY. The Act of August 3, 1950 (Chapter 532; 16 U.S.C. 424a-4), is repealed. TITLE II--FORT BAYARD NATIONAL HISTORIC LANDMARK ACT. SEC. 201. SHORT TITLE. This title may be cited as the ``Fort Bayard National Historic Landmark Act''. SEC. 202. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) Fort Bayard, located in southwest New Mexico, was an Army post from 1866 until 1899, and served an important role in the settlement of New Mexico; (2) among the troops stationed at the fort were several ``Buffalo Soldier'' units who fought in the Apache Wars; (3) following its closure as a military post, Fort Bayard was established by the War Department as a general hospital for use as a military sanatorium; (4) in 1965 the State of New Mexico assumed management of the site and currently operates the Fort Bayard State Hospital; (5) the Fort Bayard historic site has been listed on the National Register of Historic Places in recognition of the national significance of its history, both as a military fort and as an historic medical facility. SEC. 203. FORT BAYARD NATIONAL HISTORIC LANDMARK. (a) Designation.--The Fort Bayard Historic District in Grant County, New Mexico, as listed on the National Register of Historic Places, is hereby designated as the Fort Bayard National Historic Landmark. (b) Administration. (1) Consistent with the Department of the Interior's regulations concerning National Historic Landmarks (36 C.F.R. Part 65), designation of the Fort Bayard Historic District as a National Historic Landmark shall not prohibit under Federal law or regulations any actions which may otherwise be taken by the property owner with respect to the property. (2) Nothing in this title shall affect the administration of the Fort Bayard Historic District by the State of New Mexico. SEC. 204. COOPERATIVE AGREEMENTS. (a) In General.--The Secretary, in consultation with the State of New Mexico, may enter into cooperative agreements with appropriate public or private entities, for the purposes of protecting historic resources at Fort Bayard and providing educational and interpretive facilities and programs for the public. The Secretary shall not enter into any agreement or provide assistance to any activity affecting Fort Bayard State Hospital without the concurrence of the State of New Mexico. (b) Technical and Financial Assistance.--The Secretary may provide technical and financial assistance with any entity with which the Secretary has entered into a cooperative agreement under subsection (a) in furtherance of the agreement. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this title. TITLE III--VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE. SEC. 301. SHORT TITLE. This title may be cited as the ``Virgin River Dinosaur Footprint Preserve Act''. SEC. 302. VIRGIN RIVER DINOSAUR FOOTPRINT PRESERVE. (a) Authorization for Grant To Purchase Preserve.--Of the funds appropriated in the section entitled ``Land Acquisition'' of the Fiscal Year 2002 Interior and Related Agencies Appropriations Act, Public Law 107-63, the Secretary of the Interior shall grant $500,000 to the City for-- (1) the purchase of up to 10 acres of land within the area generally depicted as the ``Preserve Acquisition Area'' on the map entitled ``Map B'' and dated May 9, 2002; and (2) the preservation of such land and paleontological resources. (b) Conditions of Grant.--The grant under subsection (a) shall be made only after the City agrees to the following conditions: (1) Use of land.--The City shall use the Virgin River Dinosaur Footprint Preserve in a manner that accomplishes the following: (A) Preserves and protects the paleontological resources located within the exterior boundaries of the Virgin River Dinosaur Footprint Preserve. (B) Provides opportunities for scientific research in a manner compatible with subparagraph (A). (C) Provides the public with opportunities for educational activities in a manner compatible with subparagraph (A). (2) Reverter.--If at any time after the City acquires the Virgin River Dinosaur Footprint Preserve, the Secretary determines that the City is not substantially in compliance with the conditions described in paragraph (1), all right, title, and interest in and to the Virgin River Dinosaur Footprint Preserve shall immediately revert to the United States, with no further consideration on the part of the United States, and such property shall then be under the administrative jurisdiction of the Secretary of the Interior. (3) Conditions to be contained in deed.--If the City attempts to transfer title to the Virgin River Dinosaur Footprint Preserve (in whole or in part), the conditions set forth in this subsection shall transfer with such title and shall be enforceable against any subsequent owner of the Virgin River Dinosaur Footprint Preserve (in whole or in part). (c) Cooperative Agreement and Assistance.-- (1) Assistance.--The Secretary may provide to the City-- (A) financial assistance, if the Secretary determines that such assistance is necessary for protection of the paleontological resources located within the exterior boundaries of the Virgin River Dinosaur Footprint Preserve; and (B) technical assistance to assist the City in complying with subparagraphs (A) through (C) of subsection (b)(1). (2) Additional grants.-- (A) In general.--In addition to funds made available under subsection (a) and paragraph (2) of this subsection, the Secretary may provide grants to the City to carry out its duties under the cooperative agreement entered into under paragraph (1). (B) Limitation on amount; required non-federal Match.--Grants under subparagraph (A) shall not exceed $500,000 and shall be provided only to the extent that the City matches the amount of such grants with non- Federal contributions (including in-kind contributions). (d) Map on File.--The map shall be on file and available for public inspection in the appropriate offices of the Department of the Interior. (e) Definitions.--For the purposes of this section, the following definitions apply: (1) City.--The term ``City'' means the city of St. George, Utah. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Virgin River Dinosaur Footprint Preserve.--The term ``Virgin River Dinosaur Footprint Preserve'' means the property (and all facilities and other appurtenances thereon) described in subsection (a). TITLE IV--ARCHEOLOGICAL AND CULTURAL HERITAGE PROTECTION. SEC. 401. SHORT TITLE. This title may be cited as the ``Enhanced Protection of Our Cultural Heritage Act of 2002''. SEC. 402. ENHANCED PENALTIES FOR CULTURAL HERITAGE CRIMES. (a) Enhanced Penalty for Archaeological Resources.--Section 6(d) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470ee(d)) is amended by striking ``not more than 10,000'' and all that follows through the end of the subsection and inserting ``in accordance with title 18, United States Code, or imprisoned not more than 10 years or both; but if the sum of the commercial and archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than one year, or both.''. (b) Enhanced Penalty for Embezzlement and Theft from Indian Tribal Organizations.--Section 1163 of title 18, United States Code, is amended by striking ``five years'' and inserting ``10 years''. (c) Enhanced Penalty for Illegal Trafficking in Native American Human Remains and Cultural Items.--Section 1170 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``or imprisoned not more than 12 months, or both, and in the case of second or subsequent violation, be fined in accordance with this title, or imprisoned not more than 5 years'' and inserting ``imprisoned not more than 10 years''; and (2) in subsection (b), by striking ``imprisoned not more than one year'' and all that follows through the end of the subsection and inserting ``imprisoned not more than 10 years, or both; but if the sum of the commercial and archaeological value of the cultural items involved and the cost of restoration and repair of such items does not exceed $500, such person shall be fined in accordance with this title, imprisoned not more than one year, or both.''. TITLE V--PALEONTOLOGICAL RESOURCES PRESERVATION ACT. SEC. 501. SHORT TITLE. This title may be cited as the ``Paleontological Resources Preservation Act''. SEC. 502. FINDINGS. The Congress finds the following: (1) Paleontological resources are nonrenewable. Such resources on Federal lands are an accessible and irreplaceable part of the heritage of the United States and offer significant educational opportunities to all citizens. (2) Existing Federal laws, statutes, and other provisions that manage paleontological resources are not articulated in a unified national policy for Federal land management agencies and the public. Such a policy is needed to improve scientific understanding, to promote responsible stewardship, and to facilitate the enhancement of responsible paleontological collecting activities on Federal lands. (3) Consistent with the statutory provisions applicable to each Federal land management system, reasonable access to paleontological resources on Federal lands should be provided for scientific, educational, and recreational purposes. SEC. 503. PURPOSE. The purpose of this title is to establish a comprehensive national policy for preserving and managing paleontological resources on Federal lands. SEC. 504. DEFINITIONS. As used in this title: (1) Casual collecting.--The term ``casual collecting'' means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for personal, scientific, educational or recreational use, either by surface collection or using nonpowered hand tools resulting in only negligible disturbance to the Earth's surface and other resources. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior with respect to lands administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System Lands administered by the Secretary of Agriculture. (3) Federal lands.--The term ``Federal lands'' means lands administered by the Secretary of the Interior, except Indian lands, or National Forest System Lands administered by the Secretary of Agriculture. (4) Indian lands.--The term ``Indian Lands'' means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States. (5) State.--The term ``State'' means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (6) Paleontological resource.--The term ``paleontological resource'' means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include-- (A) any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or (B) any cultural item (as defined in section 2 of the Native American Graves Protection and Rehabilitation Act (25 U.S.C. 3001)). SEC. 505. MANAGEMENT. (a) In General.--The Secretary shall manage and protect paleontological resources on Federal lands using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public. (b) Coordination of Implementation.--To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this title. SEC. 506. PUBLIC AWARENESS AND EDUCATION PROGRAM. The Secretary shall establish a program to increase public awareness about the significance of paleontological resources. SEC. 507. COLLECTION OF PALEONTOLOGICAL RESOURCES. (a) Permit Requirement.-- (1) In general.--Except as provided in this title, a paleontological resource may not be collected from Federal lands without a permit issued under this title by the Secretary. (2) Casual collecting exception.--The Secretary may allow casual collecting without a permit on Federal lands administered by the Bureau of Land Management, the Bureau of Reclamation, and the United States Forest Service, where such collection is not inconsistent with the laws governing the management of those Federal lands and this title. (3) Previous permit exception.--Nothing in this section shall affect a valid permit issued prior to the date of enactment of this title. (b) Criteria for Issuance of a Permit.--The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that-- (1) the applicant is qualified to carry out the permitted activity; (2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education; (3) the permitted activity is consistent with any management plan applicable to the Federal lands concerned; and (4) the proposed methods of collecting will not threaten significant natural or cultural resources. (c) Permit Specifications.--A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this title. Every permit shall include requirements that-- (1) the paleontological resource that is collected from Federal lands under the permit will remain the property of the United States; (2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and (3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary. (d) Modification, Suspension, and Revocation of Permits.-- (1) The Secretary may modify, suspend, or revoke a permit issued under this section-- (A) for resource, safety, or other management considerations; or (B) when there is a violation of term or condition of a permit issued pursuant to this section. (2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 509 or is assessed a civil penalty under section 510 of this title. (e) Area Closures.--In order to protect paleontological or other resources and to provide for public safety, the Secretary may restrict access to or close areas under the Secretary's jurisdiction to the collection of paleontological resources. SEC. 508. CURATION OF RESOURCES. Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non- Federal repositories regarding the curation of these resources, data, and records. SEC. 509. PROHIBITED ACTS; PENALTIES. (a) In General.--A person may not-- (1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal lands unless such activity is conducted in accordance with this title; (2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, exchanged, transported, or received from Federal lands in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this title; or (3) sell or purchase or offer to sell or purchase any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal lands. (b) False Labeling Offenses.--A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal lands. (c) Penalties.-- (1) In general.--Except as provided in paragraphs (2) and (3), a person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be guilty of a class A misdemeanor. (2) Damage over $1,000.--If the sum of the scientific or fair market value of the paleontological resources involved and the cost of restoration and repair of such resources exceeds the sum of $1,000, such person shall, upon conviction, be guilty of a class E felony. (3) Multiple offenses.--In the case of a second or subsequent such violation, such person shall, upon conviction, be guilty of a class D felony. (d) General Exception.--Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to the date of the enactment of this title. SEC. 510. CIVIL PENALTIES FOR VIOLATIONS OF REGULATIONS OR PERMIT CONDITIONS. (a) In General.-- (1) Hearing.--A person who violates any prohibition contained in an applicable regulation or permit issued under this title may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section. (2) Amount of penalty.--The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this title, taking into account the following factors: (A) The scientific or fair market value, whichever is greater, of the paleontological resource involved. (B) The cost of response, restoration, and repair of the resource and the paleontological site involved. (C) Any other factors considered relevant by the Secretary assessing the penalty. (3) Multiple offenses.--In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled. (4) Limitation.--The amount of any penalty assessed under this subsection for any one violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered. (b) Petition for Judicial Review; Collection of Unpaid Assessments.--Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order with an appropriate Federal district court within the 30-day period beginning on the date the order making the assessment was issued. The court shall hear the action on the record made before the Secretary and shall sustain his action if it is supported by substantial evidence on the record considered as a whole. (c) Hearings.--Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code. (d) Use of Recovered Amounts.--No penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows: (1) To protect, restore, or repair the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites. Any acquisition shall be subject to any limitations contained in the organic legislation for such Federal lands. (2) To provide educational materials to the public about paleontological resources and sites. (3) To provide for the payment of rewards as provided in section 511. SEC. 511. REWARDS FORFEITURE. (a) Rewards.--The Secretary may pay from penalties collected under section 509 or 510 of this title an amount equal to the lesser of one- half of the penalty or $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection. (b) Forfeiture.--All paleontological resources with respect to which a violation under section 509 or 510 occurred and which are in the possession of any person, and all vehicles and equipment of any person that were used in connection with the violation, may be subject to forfeiture to the United States upon-- (1) the person's conviction of the violation under section 509; (2) assessment of a civil penalty against any person under section 510 with respect to the violation; or (3) a determination by any court that the paleontological resources, vehicles, or equipment were involved in the violation. SEC. 512. CONFIDENTIALITY. Information concerning the nature and specific location of a paleontological resource the collection of which requires a permit under this title or under any other provision of Federal law shall be withheld from the public under subchapter II of chapter 5 of title 5, United States Code, or under any other provision of law unless the responsible Secretary determines that disclosure would-- (1) further the purposes of this title; (2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; and (3) be in accordance with other applicable laws. SEC. 513. REGULATIONS. As soon as practical after the date of the enactment of this title, the Secretary shall issue such regulations as are appropriate to carry out this title, providing opportunities for public notice and comment. SEC. 514. SAVINGS PROVISIONS. Nothing in this title shall be construed to-- (1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (43 U.S.C. 1701-1784), the Mining in the Parks Act, the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551); (2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time existing laws and authorities relating to reclamation and multiple uses of the public lands; (3) apply to, or require a permit for, amateur collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this title; (4) affect any lands other than Federal lands or affect the lawful recovery, collection, or sale of paleontological resources from lands other than Federal lands; (5) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this title; or (6) create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this title. SEC. 515. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this title. Amend the title so as to read: ``An Act to establish the Moccasin Bend National Archeological District in the State of Tennessee as a unit of Chickamauga and Chattanooga National Military Park.''. Attest: Secretary. 107th CONGRESS 2d Session H. R. 980 _______________________________________________________________________ AMENDMENTS