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Paleontological Resources Preservation; Final Rule

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Paleontological Resources Preservation; Final Rule Vol. 80 Friday, No. 74 April 17, 2015 Part IV Department of Agriculture Forest Service 36 CFR Parts 214, 261, 291 Paleontological Resources Preservation; Final Rule VerDate Sep<11>2014 21:16 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\17APR3.SGM 17APR3 tkelley on DSK3SPTVN1PROD with RULES3 21588 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations DEPARTMENT OF AGRICULTURE USDA and the U.S. Department of the letters, emails, and Web-based Interior (DOI) to issue implementation submittals. Of those, 131 were original Forest Service regulations. In accordance with 16 responses, and the remaining 46 U.S.C. 470aaa–1, these regulations responses were organized response 36 CFR Parts 214, 261, and 291 would serve to manage and protect campaign (form) letters. Comments were RIN 0596–AC95 paleontological resources on National received from the public (almost equally Forest System lands using scientific distributed among professional Paleontological Resources principles and expertise. academic paleontologists, consultants, Preservation In FY 1999, the Interior and students in higher education, and Appropriations Subcommittee requested amateur collectors and individuals that AGENCY: Forest Service, USDA. that the DOI, the Forest Service, and the did not identify an affiliation), ACTION: Final rule. Smithsonian Institution prepare a report paleontological repository institutions, on fossil resource management on and government and/or quasi- SUMMARY: The U.S. Department of public lands (see S. Rep. 105–227, at 60 government agencies. Agriculture (USDA or Department) is (1998)). The request directed the Public comment on the proposed rule implementing regulations under the agencies to analyze (1) the need for a addressed a range of topics, but focused Omnibus Public Land Management Act unified Federal policy for the collection, on the following areas: Opposition to of 2009 paleontological resources storage, and preservation of fossils; (2) formal establishment of restrictions and/ preservation subtitle (the Act). This rule the need for standards that would or operating conditions placed on casual provides for the preservation, maximize the availability of fossils for collection of common invertebrate and management, and protection of scientific study; and (3) the plant paleontological resources, paleontological resources on National effectiveness of current methods for confidentiality of specific locations of Forest System lands (NFS), and insures storing and preserving fossils collected paleontological resources, requirements that these resources are available for from public lands. During the course of associated with permits to collect current and future generations to enjoy preparing the report, the agencies held paleontological resources, and operating as part of America’s national heritage. a public meeting and gathered public standards for approved repository The rule addresses the management, input. The DOI report to Congress, institutions housing paleontological collection, and curation of ‘‘Assessment of Fossil Management of resources from National Forest System paleontological resources from NFS Federal and Indian Lands,’’ was lands. However, most provisions lands including management using published in May 2000. The receiving critical comments are scientific principles and expertise, Paleontological Resources Preservation statutory requirements per the Act. collecting of resources with and without Act (PRPA) was introduced in the 107th The following is a description of a permit, curation in an approved Congress after the report was released. specific comments received on the repository, maintaining confidentiality The PRPA was modeled after the proposed rule, responses to comments, of specific locality data, and authorizing Archaeological Resources Protection Act and changes made in response to penalties for illegal collecting, sale, (ARPA) and emphasized the comments. Each comment received damaging, or otherwise altering or recommendations and guiding consideration in the development of the defacing paleontological resources. principles in the May 2000 report. The final rule. In the responses to comments DATES: This rule is effective May 18, legislation was re-introduced in that follow, the term ‘‘the Act’’ refers to 2015. subsequent Congresses through the the provisions for Paleontological 111th Congress when it was combined ADDRESSES: Information on this final Resources Preservation as stated in the rule may be obtained via written request with other natural resources legislation Omnibus Public Land Act of 2009 (Pub. addressed to USDA Forest Service, in an omnibus bill that became law on L. 111–011, Title VI, Subtitle D, Sec. Michael Fracasso, M&GM, 740 Simms March 30, 2009 (the Act). 6310). The Act requires that implementation Street, Golden, CO 80401. The Forest be coordinated between the Secretaries General Comments Service Paleontological Resources of Agriculture and Interior (Secretaries) The Department received the Preservation procedures are set out in (16 U.S.C. 470aaa–1). Accordingly, the following comments not specifically Title 36, Code of Federal Regulations, USDA and the DOI formed an tied to a particular section of the 2013 Part 291, and are available electronically interagency coordination team (ICT) in proposed rule. via the World Wide Web/Internet at April 2009 to draft the proposed Comment: Paleontological Resource http://www.gpoaccess.gov/cfr/ regulations. Members of the ICT Preservation regulations and the Act. index.html. included program leads for Respondents expressed appreciation of FOR FURTHER INFORMATION CONTACT: paleontology, archaeology, and the Forest Service’s efforts in Michael Fracasso, Forest Service, at regulatory specialists from the Forest developing regulations to implement the 303–275–5130, or [email protected]. Service, DOI Bureau of Land Act. Respondents welcomed that the Individuals who use Management (BLM), National Park regulations provide clarification of telecommunications devices for the deaf Service (NPS), Bureau of Reclamation stipulations in the Act, and expressed (TDD) may call the Federal Information (BOR), and Fish and Wildlife Service support for the intentions of the Act and Relay Service (FIRS) at 1–800–877–8339 (FWS). their implementation in the regulations between 8 a.m. and 8 p.m., Eastern to provide for preservation, Standard Time, Monday through Friday. Response to Comments management, and protection of SUPPLEMENTARY INFORMATION: The Paleontological Resources paleontological resources on National Preservation proposed rule was Forest System lands. Background published in the Federal Register on Response: The Act stipulates that the The Paleontological Resources May 23, 2013 (78 FR 30810), for a 60- Secretary of Agriculture shall issue such Preservation subtitle of the Omnibus day comment period, ending July 22, regulations as are appropriate to carry Public Land Management Act, 16 U.S.C. 2013. The Forest Service (Agency) out the provisions of the Act, as soon as 470aaa to aaa–11 (the Act), requires the received 177 responses, consisting of practical after the date of enactment of VerDate Sep<11>2014 21:16 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\17APR3.SGM 17APR3 tkelley on DSK3SPTVN1PROD with RULES3 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 21589 the Act. The Department agrees with the Response: The Department Agency is beyond the scope of the respondents that these regulations acknowledges the appreciation regulations. appropriately implement the Act by expressed by respondents for its role in Comment: Regulations should not providing clarification of stipulations in development of these regulations that place restrictions on access or use of the Act that ensure the preservation, establish a solid foundation for the public lands. One respondent expressed management, and protection of management of paleontological the view that regulations should not paleontological resources on National resources on NFS lands using scientific place any restrictions on access or use Forest System (NFS) lands using principles and expertise. Such informed of public lands. scientific principles and expertise. management is fundamental to the Response: The Forest Service is Comment: Regulations establish preservation of paleontological accorded the authority to manage NFS uniform and comprehensive rules for resources that comprise a nonrenewable lands against depredations and to make paleontological resource management. and irreplaceable part of America’s rules and regulations to regulate Respondents expressed the view that natural heritage. Paleontological occupancy and use in accordance with the regulations represent a needed resources on NFS lands are part of the the Organic Act of 1897. The advance in development of a public trust. The Act and these Paleontological Resources Preservation comprehensive and uniform Agency- regulations would ensure that Act of 2009 stipulates that the Secretary wide framework for the management scientifically important specimens of Agriculture shall issue such and conservation of paleontological remain Federal property in the public regulations as are appropriate to carry resources on National Forest System realm, and that ownership of such out the provisions of the Act, as soon as lands. One respondent expressed the resources is not transferred to any single practical after the date of enactment of view that the
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