239 . .SPECIAL USES AND GENERAL PROHIBITIONS: PALEONTOLOGICAL RESOURCES
 
Priority: Substantive, Nonsignificant
Legal Authority: 16 USC 551; 18 USC 641
CFR Citation: 36 CFR 251.50; 36 CFR 261.2; 36 CFR 261.9(i)
Legal Deadline: None

Abstract: This proposed rule consists of several technical changes to the agency’s special uses and prohibited acts regulations regarding fossil collecting. First, the proposed rule would revise 36 CFR 251.50 to make clear that non-vertebrate fossil collecting is not a special use and, therefore, does not require a special use authorization. Second, this proposed rule also would make minor changes to 36 CFR 261.2 to make the definition for ‘‘paleontological resource’’ scientifically correct and to remove the text that addresses exceptions. Third, the prohibitions related to property at 36 CFR 261.9 would be revised to clarify that the prohibition does not apply to mineral materials, such as limestone or building stone recovered under a mineral contract or to organic remains primarily used as fuel, such as coal and oil. These exceptions are currently addressed inappropriately in the definition and, as a consequence, have led to misinterpretation of the prohibitions. This proposed rule is consistent with the Forest Service’s stated commitment to develop a unified policy for management of fossil resources on Federal and Indian lands in accordance with the seven principles established in the May 2000 Secretary of the Interior’s Report to the Senate. Timetable: Action Date FR Cite NPRM 07/00/02 NPRM Comment Period End 09/00/02