There are several points that should be made regarding S. 546. First, the bill does not change any current aspect of access to fossils on public lands on the part of amateurs, educators, or professional scientists. It does codify into uniform guidelines current land management authority and practice. What it does do is increase the awareness of the cooperative spirit of amateurs and professionals and provides for stronger penalties for those who would destroy or permanently remove valuable fossils from our public heritage. The bill has no impact on private lands or on privately owned fossils. The bill essentially raises the ethical awareness and standards for preserving fossils that come from public lands. The legislation would adopt the basic principles endorsed by an interagency report requested by Congress published in 2000, "Report of the Secretary of Interior: Fossils on Federal and Indian Lands." We do need stronger penalties for theft and destruction of fossils from public lands. Sadly, some of the most egregious cases of theft and vandalism have occurred on federal lands belonging to all Americans.

In 1991, the BLM discovered an illegal commercial collection taking place on federal land. The BLM contacted the Museum of the Rockies at Montana State University Bozeman and asked them to collect the specimen and hold it in the public trust. As a result of this, the most complete Allosaurus ever found, which this commercial collector intended to sell to a private collector overseas, now has been save for all the people of the United States. As a result of careful analysis of injuries sustained by this dinosaur and preserved in the bones, this particular specimen has yielded a treasure trove of information about how Allosaurus lived. The commercial collector, who had attempted to steal this fossil and the information it tells us, was never prosecuted.

Unfortunately, the American people were much less fortunate in the case of another Allosaurus find. In a case filed in court last fall prosecutors alleged that an Allosaurus skeleton was stolen from federal land southeast of Freemont Junction, Utah and sold to a Japanese buyer for $400,000. A BLM official stated at the time of the filing of the complaint that "Because it was crudely collected, we have lost any chance to study the way the skeleton lay in the ground, how it was buried, what happened to it after death, and other plants or animals that may have been buried with it. We have lost a priceless piece of America's natural heritage." According to allegations in the still pending civil complaint, Barry James was contacted by Rocky Barney of Richfield, Utah. Barney told James he had found what appeared to be an Allosaurus on federal land. Barney asked James if he would be interested in buying the Allosaurus. James told Barney he would be interested in buying the fossil and offered advice on how to excavate the dinosaur. James privately told Brown that while it was illegal to remove a fossil from federal land, it was worth the risk. If caught, they would only receive a "slap on the wrist," the complaint charges. (BLM, 2001)

The rapidly increasing commercial value of fossils has created a situation where the limited penalties that exist are not sufficient to deter illegal collecting. In the Report "Fossils on Federal and Indian Lands" it was noted that "the fines currently imposed on fossil thieves are usually low compared to the lost resources. For example, one man who had stolen fossils from a national park over a period of years was fined a total of $50." (Babbitt, 2000 p. 29)

In many cases the theft of fossils is which is occurs is so widespread and occurring so rapidly that we do not even know what is being lost. In a study commissioned by the Forest Service, it was found that almost one-third of the paleontological sites surveyed in the Oglala National Grassland showed evidence of unauthorized collecting. In 1999, the National Park Service identified 721 documented incidents of paleontological resource theft or vandalism, many involving many specimens, in the national parks between 1995 and 1998. (Babbitt, 2000 p. 28)

The increased commercial market for fossils worldwide has sometimes led to distortion of the fossil record. In some cases fossils have been altered in order to inflate their commercial value. And we have lost significant specimens from further scientific investigation and exhibit, making it harder for people to see and examine for themselves the authentic objects in our museums. It is critical that scientifically significant fossils from federal lands, i.e. that portion of the fossil record that belongs to the American people, remain in the public domain so that everyone children and adults, amateur and professional paleontologists may benefit from this irreplaceable

resource.

The fossil record is our only way of learning about the history of past life on our planet, and it is important for all Americans to have the opportunity to learn from this record. We have talked with many scientists in various disciplines, and it is amazing how many first became interested in science through their interest in dinosaurs and other fossils. For this reason we are happy to see that S. 546 calls for the establishment of a program to increase public awareness about the significance

of paleontological resources. As we confront important public policy issues including global climate change and the extinction of countless species of animals and plants the fossil record pro-ides a critical historical basis to help guide our decisions.

We would like to share a little bit of information with you about how paleontological research is done and why this legislation is essential to ensuring maximal public benefit from this research.

Many kinds of fossils, including those of most vertebrates (backboned animals), are rare for several reasons. Many organisms are not readily preserved as fossils because they do not have hard parts. Only rather unusual sedimentary rock environments preserve soft parts long enough to become fossilized. Also, organisms can only be preserved where sediments accumulate at a fairly high rate. Most organic remains are not buried fast enough to contribute to the fossil record. Vertebrate fossils are much less common than invertebrate and plant fossils across all sedimentary rocks. Although we are fortunate to have some exceptions, spectacular deposits of diverse and complete organisms are rare over the history of the earth. The majority of fossil vertebrate species are extremely rare or are represented by a single unique specimen. For these reasons the chances of any vertebrate becoming a fossil are very small. Thus, individual vertebrate fossils are extremely valuable as bearers of information about the past. Furthermore, fossils of extinct groups are not renewable. More fossils will be discovered and collected, but always from a finite supply. Importantly; more than 99% of all life-forms that have ever lived on Earth are already extinct and are only known by fossils.

The rocks in which the fossils are found provide information about ancient environments and their climates, the age of the fossils, position in a historical sequence, and paleogeographic location. Fossil assemblages provide information about ecological interactions and communities.

A fossil collected without this information has lost much of its value, and we know little more than that this animal lived and died. In contrast, when contextual data are collected and studied, we begin to understand how the animal lived and its place in the balance of nature. As paleontologists and geologists learn more ways to interpret ancient environments and ecological communities from fossil assemblages in their original context, this information becomes more and more valuable and important. These contextual data allow us to bring these animals to life for ten of millions of visitors to our museums and to the many young children who have hands-on experience with original specimens.

The understanding of evolutionary processes and relationships comes primarily from comparing the skeletons from different animals to each other. In order to do this; researchers must be able to compare new specimens with those previously unearthed. Oftentimes a new analysis many years later shows our earlier understanding was incomplete or mistaken. For example, when Dr. John Ostrom was doing research on Deinonychus, a dinosaur similar to the Velociraptor popularized in Jurassic Park, he found that a specimen thought to be a carnivorous dinosaur was actually the rare early bird Archaeopteryx. Ostrom's research was critical in establishing the link between dinosaurs and birds that became a proudly recited fact for every young dinosaur aficionado. Only when specimens are properly collected and permanently preserved in public institutions can researchers access these specimens in order to make these comparisons. And when these comparisons and interpretations are made, education and the general public greatly benefit by having access to this new interpretive knowledge through media reports, books, and the Internet.

Several years ago, the Society of Vertebrate Paleontology (SVP) added a Statement of Ethics to our bylaws to help the society and its members handle ethical issues such as those raised by increasing commercialization. Ted Vlamis, an SVP member and amateur paleontologist, summarized the SVP Ethics Statement and a subsequent Joint Position Statement by the Paleontological Society as follows: "The SVP Ethics Statement contains several principles that are particularly noteworthy for their public policy implications. It begins by recognizing that vertebrate fossils are usually unique or rare, and that they are part of our natural heritage. The Ethics Statement assigns to vertebrate paleontologists the responsibility of ensuring that pertinent detailed contextual data are recorded when vertebrate fossils are collected and notes that collection and preparation should be done by properly trained personnel. The importance of proper curation and the assurance of access for future researchers are recognized by the Ethics Statements' provision that scientifically significant vertebrate specimens should be curated and accessioned in institutions charged in perpetuity with conserving fossil vertebrates for scientific study and education. The Ethics Statement further recognizes the responsibility of paleontologists to expeditiously disseminate information to other paleontologists and to the general public. Perhaps the most important part of the SVP Ethics Statement from a public policy perspective is the conclusion that "The barter, sale, or purchase of scientif

ically significant vertebrate fossils is not condoned unless it brings them into, or keeps them within, a public trust" (SVP, 1994).

In order to ensure that the SVP's public policy recommendations and initiatives regarding fossils on federal lands were also reflective of the wider paleontological community, the SVP initiated a dialogue with the Paleontological Society. Together these two scientific societies include several thousand individuals, representing more than 94% of professional paleontologists and a very large proportion of amateur paleontologists. This dialogue culminated in 1999 when the two societies issued the joint position statement Paleontological Resources on U.S. Public Lands. The PS-SVP joint statement advocates public policy which, like the SVP Ethics Statement, recognizes that fossils are part of our scientific and natural heritage. It goes on to find that fossils on public lands belong to all the people of the United States and that, as such, they need special protection, and should not be collected for commercial purposes. The joint statement concludes that the two societies strongly support actions which "protect fossils on public lands as finite natural resources; encourage responsible stewardship of fossils for educational, recreational, and scientific purposes; promote legitimate access to, and responsible enjoyment of, paleontological resources on public lands by the public and amateur paleontologists for personal use, and by the professional paleontological community, including professional paleontologists from outside the U.S.; and bring fossils from public lands into public institutions where they are available for purposes of education and scientific research" (PS and SVP, 1999).” (Summary from Vlamis, 2001)

Similarly, support comes from the American people for the provisions of S. 546. A survey of American public opinion was conducted in 1995 by Steve Gittleman of MKTG, Inc., a market research firm that has conducted over 10,000 studies since its founding in 1979. This survey of 300 American adults analyzed public responses both to a hypothetical situation involving the discovery of a fossil, and to a series of more general questions pertaining to fossils. A random calling program was utilized which gave every telephone in the US the same probability of being called. The survey results have an accuracy rate of +/−7%.

Several key points that demonstrate public support for the principles embodied in S. 546. 85.3 percent agreed with the statement that that "Fossils of animals with backbones are part of our national heritage and should be protected in much the same way that archeological remains (human artifacts) are now protected"; and, 88.0 percent agreed that "If laws are created to restrict the collection of fossils on public lands, the only people who should be allowed to collect them are people with appropriate skills for doing so and with a permit for that purpose. All the fossils that they find should go into museums and universities prepared to protect them” (Vlamis, 2001). The American people want our natural heritage preserved as a national treasure.

The membership of the SVP includes amateur as well as professional paleontologists, and fostering cooperation between these groups is a major mission of the SVP. We are pleased that S. 546 puts no new restrictions on amateur fossil collecting on federal lands-everything an amateur_collector can legally do today would still be legal after the passage of S. 546. The Denver Museum of Nature and Science offers an example of the substantial cooperation that exists among scientists and amateurs. More than several hundred amateur volunteers devote over 30,000 hours each year of their time to that institution. They have collected literally thousands of specimens from public lands that have allowed our collections to grow significantly, enabling more scientific study and public awareness of paleontology. Last year alone more than a dozen of these volunteers either published a scientific paper on fossils in a peer-reviewed scientific journal or presented a paper at an annual meeting of a professional scientific society. Some of these amateurs also published on an entirely new dinosaur species previously undiscovered.

In a poll taken in 1991 of America's major museums, more than 49% of the 1.8 million specimens of dinosaurs and other fossil vertebrates in their collections were from public lands. Of the overall total, amateurs had donated more than 100,000 specimens to museums and significantly less than 1% of the specimens came from commercial collectors (Stucky and Ware, 1991).

I spoke earlier of some major problems that are occurring because of the lack of a law like S. 546. I would like to conclude by telling you about one example of the kind of cooperation between federal agencies and paleontologists. Dinosaur paleontologist Jack Homer of the Museum of the Rockies at Montana State University, Bozeman, is in the fourth year of a field study in the Charles M. Russell National Wildlife Refuge in eastern Montana. To date eight Tyrannosaurus rex skeletons have been discovered. The field study is yielding valuable information about this most famous of the dinosaurs and the environment in which it lived. The work of the Museum of the Rockies has made it possible for the National Museum of Natu

ral History, Smithsonian Institution, to collect one of these specimens. Thus, our National Museum will be able to display an actual specimen of this celebrated American dinosaur for the first time. The passage of S. 546 will foster more and more opportunities like this and inspire the long-term preservation of these priceless national resources.

REFERENCES

Bureau of Land Management. Press Release dated September 4, 2001

Babbitt, B. 2000. Report of the Secretary of the Interior: Fossils on Federal and Indian Lands

Paleontological Society and Society of Vertebrate Paleontology. 1999. Joint Position Statement by The Paleontological Society and The Society of Vertebrate Paleontology on Paleontological Resources on U.S. Public Lands

Society of Vertebrate Paleontology. 1994. Bylaws, Article 9

Stucky, R.K., and S. Ware. 1991. Questionnaire concerning fossil collecting on Federal Lands. DMNH, Denver.

Vlamis, T.J., 2001, in Proceedings of the 6th Fossil Resource Conference Santucci, V.L. and McClelland, L. (eds) Geologic Resources Division Technical Report NPS/ NRGRD/GRDTR-01/01 September 2001

APPENDIX 1

SOCIETY OF VERTEBRATE PALEONTOLOGY BY-LAW ON ETHICS

Article 9. Statement of Ethics.

Several goals for the Society of Vertebrate Paleontology follow from its mission statement (Constitution Article 1): to discover, conserve, and protect vertebrate fossils and to foster the scientific, educational, and personal appreciation and understanding of them by amateur, student and professional paleontologists, as well as the general public. Fossil vertebrates are usually unique or rare, nonrenewable scientific and educational resources that, along with their accompanying contextual data, constitute part of our natural heritage. They provide data by which the history of vertebrate life on earth may be reconstructed and are one of the primary means of studying evolutionary patterns and processes as well as environmental change. It is the responsibility of vertebrate paleontologists to strive to ensure that vertebrate fossils are collected in a professional manner, which includes the detailed recording of pertinent contextual data (e.g. geographic, stratigraphic, sedimentologic, taphonomic).

It is the responsibility of vertebrate paleontologists to assist government agencies in the development of management policies and regulations pertinent to the collection of vertebrate fossils, and to comply with those policies and regulations during and after collection. Necessary permits on all lands administered by federal, state, and local governments, whether domestic or foreign, must be obtained from the appropriate agency(ies) before fossil vertebrates are collected. Collecting fossils on private lands must only be done with the landowner's consent.

Fossil vertebrate specimens should be prepared by, or under the supervision of, trained personnel.

Scientifically significant fossil vertebrate specimens, along with ancillary data, should be curated and accessioned in the collections of repositories charged in perpetuity with conserving fossil vertebrates for scientific study and education (e.g. accredited museums, universities, colleges, and other educational institutions)—

Information about vertebrate fossils and their accompanying data should be disseminated expeditiously to both scientific community and interested general public. The barter, sale, or purchase of scientifically significant vertebrate fossils is not condoned unless it brings them into, or keeps them within, a public trust. Any other trade or commerce in scientifically significant vertebrate fossils is inconsistent with the foregoing, in that it deprives both the public and professionals of important specimens, which are part of our natural heritage.

APPENDIX 2

JOINT POSITION STATEMENT BY THE PALEONTOLOGICAL SOCIETY AND THE SOCIETY OF VERTEBRATE PALEONTOLOGY ON PALEONTOLOGICAL RESOURCES ON U.S. PUBLIC LANDS

The Paleontological Society and The Society of Vertebrate Paleontology are committed to increasing scientific knowledge, educational benefits, and appreciation of the natural world based on fossils for everyone-child or adult, the general public, or amateur or professional paleontologists. Fossils are an invaluable part of our sci

entific and natural heritage. They yield detailed information about the history, if life and of our planet, and provide lessons for the modern world and our future.

Many important fossil localities occur on U.S. public lands and belong to all people of the United States, including future generations. The Society of Vertebrate Paleontology and The Paleontological Society therefore support the development of policies and practices that can be used by different federal agencies to regulate the collection of fossils on U.S. public lands in an appropriate, clear and consistent man

ner.

Many fossils are common (for example, many non-vertebrate fossils) and should be allowed to be collected-in a responsible way-by any amateur or professional paleontologist, thus allowing them to experience and benefit from the excitement of discovery, recovery, identification and study. In particular, because of the benefits that derive from increased public appreciation of fossils, it is important that the participation of amateurs in paleontology is not discouraged by Federal policies and practices.

Other fossils are rare (for example, many vertebrate fossils and some non-vertebrate fossils), and require special protection, especially from destruction by vandalism or commercial exploitation. In particular, because of the dangers of overexploitation and the potential loss of irreplaceable scientific information, commercial collecting of fossil vertebrates on public lands should be prohibited, as in current regulations and policies. The commercial collecting of other paleontological resources on U.S. public lands should be strictly regulated by permit through the appropriate land management agencies. Regulations and polices regarding the collection of paleontological resources from U.S. public lands should be strictly enforced.

In this context, the Council of The Paleontological Society and the Executive Committee of The Society of Vertebrate Paleontology strongly support actions that:

i) protect fossils on public lands as finite natural resources,

ii) encourage responsible stewardship of fossils for educational, recreational, and scientific purposes,

iii) promote legitimate access to, and responsible enjoyment of, paleontological resources on public lands by the public and amateur paleontologists for personal use, and by the professional paleontological community, including professional paleontologists from outside the U.S.; and

iv) bring fossils from public lands into public institutions where they are available for purposes of education and scientific research.

Hon. CRAIG THOMAS,

AMERICAN ASSOCIATION OF MUSEUMS,
Washington, DC, June 9, 2003.

Chairman, Subcommittee on National Parks, Committee on Energy and Natural Resources, U.S. Senate, Washington, DC.

Hon. DANIEL K. AKAKA,

Ranking Member, Subcommittee on National Parks, Committee on Energy and Natural Resources, U.S. Senate, Washington, DC.

DEAR CHAIRMAN THOMAS AND SENATOR AKAKA: On behalf of the members of the American Association of Museums which include nearly 3,000 museums and more than 10,000 museum professionals, I am writing to strongly support the passage of S. 546, the Paleontological Resources Preservation Act (PRPA).

Paleontology, like all sciences, requires that its methodology and results be repeatable and testable. For observations on fossil specimens and their geological context, this can only be done when significant fossils upon which those observations are based are placed in a public repository (museum or university) allowing access to all citizens and researchers.

The PRPA ensures that publicly owned fossils and their data are collected responsibly and maintained within the public trust. It further ensures that the American public will continue to benefit form the scientific advances made from these materials in understanding the history of life on this planet. Spectacular and educationally significant public specimens will continue to be exhibited in museums for all to enjoy.

Theft of fossils from public lands by unscrupulous individuals and groups for commercial exploitation is seriously eroding the ability of our nation's museums to educate the American people and to preserve our natural heritage for future generations.