Paleontological Resources Preservation Act — Federal Fossil Regulations

The Paleontological Resources Preservation Act (PRPA), enacted in 2009 as Title VI, Subtitle D of the Omnibus Public Lands Act, is the first comprehensive federal statute specifically dedicated to protecting vertebrate and significant invertebrate fossils on federal public lands. Before PRPA, fossil protection was patchwork — the Archaeological Resources Protection Act (ARPA) covered human artifacts but not fossils; agencies relied on varying agency regulations with inconsistent enforcement. PRPA created a uniform nationwide framework: fossils on federal land are federal property, casual collection of common resources is allowed without a permit, and scientific collection of significant resources requires a permit and repository deposit.

Legal Authority

• 16 U.S.C. §§ 470aaa through 470aaa-11 — Paleontological Resources Preservation Act (2009, Omnibus Public Lands Act Title VI Subtitle D); establishes fossils on federal land as federal property; creates the two-tier casual/permitted collection framework; mandates repository deposit for permitted specimens; criminalizes unauthorized collection and trafficking
• 36 CFR Part 291 — Forest Service and NPS implementing regulation; defines casual collecting conditions (surface only, personal use, common fossils, no excavation), permit eligibility and qualifications, repository requirements, and 90-day permit reporting deadline
• 43 CFR Part 3620 — BLM implementing regulation; parallel framework for Bureau of Land Management administered lands; same two-tier collection structure

Key Mechanics

The Paleontological Resources Preservation Act (PRPA) created the first comprehensive federal statute specifically protecting vertebrate and significant invertebrate fossils on federal public lands. All paleontological resources on federal land are federal property. Collection is lawful only under two pathways: casual collecting allows hobbyists and hikers to collect small quantities of common invertebrate fossils and plant fossils from the surface of most BLM and NFS lands without a permit — no excavation, no mechanical tools, personal noncommercial use only, no sale or trade; significant vertebrate fossils never qualify regardless of quantity. Permitted scientific collection covers all significant specimens, any excavation or ground disturbance, and mechanical collection; permits require demonstrated professional qualifications, a designated qualified repository (museum or university collection), and a scientifically valid research purpose. All specimens collected under permit become federal property deposited permanently in the qualified repository; permit reports with specimen inventory, GPS provenance, stratigraphic data, and photographs are due within 90 days of permit expiration. Casual collecting is prohibited in National Monuments and agency-closed areas. Unauthorized collection and trafficking are federal crimes under PRPA.

Current Rule (2026)

What This Rule Does

PRPA and its implementing regulations establish a two-tier collection framework for paleontological resources on federal land: casual collecting (allowed without a permit under specific conditions) and permitted scientific collection (requires an authorization and results in museum-quality specimens deposited in qualified repositories for public benefit).

Casual collecting is the daily-use provision that allows hobbyists, hikers, and curious members of the public to collect small quantities of common invertebrate fossils and plants on most National Forest System and BLM lands without paperwork. "Casual collecting" means surface collection of reasonable quantities of common paleontological resources for personal use — not for sale or commercial purposes, not using mechanical or powered tools, and not causing significant ground disturbance. A family finding small shell fragments in a road cut or surface collecting shark teeth can do so freely; a commercial dealer operating a "dig for dinosaurs" operation cannot.

Permitted scientific collection applies whenever the fossils are significant (rare specimens, new species, exceptional quality), the collection requires excavation, mechanical tools, or significant ground disturbance, or the collector intends to deposit the specimens in a repository for scientific study. Permits are available to qualified researchers — typically university or museum staff who demonstrate scientific qualifications, describe an approved repository for the specimens, and commit to preparation, documentation, and reporting.

The rule reflects a deliberate policy choice: maximize public enjoyment of common resources while protecting scientifically significant specimens for the public good through the repository system.

Key Provisions

• § 291.1 / § 291.2 — Purpose and authority: regulations implement PRPA's mandate to manage and protect paleontological resources on National Forest System lands using scientific principles and the expertise of the paleontological community
• § 291.10 — Collection framework: a paleontological resource may be collected only under casual collecting authorization or a scientific permit; no other collection is lawful on NFS lands; the framework applies to all fossils — vertebrates (bones, teeth, trackways), invertebrates, plant fossils, and amber
• § 291.11 — Casual collecting conditions: allowed on NFS lands where consistent with the applicable land management plan and not in specially closed areas; must be (a) surface collection only (no excavation, no mechanical tools); (b) for personal, noncommercial use only (not for sale, trade, or barter); (c) limited to reasonable quantities; common invertebrate fossils (shells, crinoids) and common plant fossils qualify; significant vertebrate fossils (dinosaur bones, unusual specimens) do not qualify for casual collection regardless of quantity
• § 291.12 — Closed areas: casual collecting is prohibited in (a) National Monuments within NFS boundaries; (b) any area the Authorized Officer specifically closes by order; closures may be temporary (active research) or permanent (exceptional resource sensitivity)
• § 291.13–291.15 — Permit requirements and qualifications: permits may be issued to applicants who demonstrate (a) professional qualifications (academic degree, professional experience, or demonstrated field competence in paleontology); (b) a qualified repository willing to accept the collection; (c) a scientifically valid research purpose; (d) sufficient resources to conduct the work safely and responsibly; permits specify species, location, methods, and reporting obligations; the Authorized Officer may deny permits for resource, safety, or management reasons
• §§ 291.16–291.17 — Permit terms and reporting: permitted collection must document specimen provenance (exact GPS coordinates, stratigraphic context, associated matrix); all specimens collected under permit become federal property deposited in the designated repository; permit reports must include specimen inventory, stratigraphic data, photographs, and any preliminary scientific findings; reports due within 90 days of permit expiration
• §§ 291.18–291.19 — Permit modification, suspension, and revocation: permits may be modified when resource conditions change; suspended for safety or resource concerns; revoked for violations of permit terms, falsification of records, or scientific misconduct; revocation bars future permits
• § 291.20 — Repository requirements: specimens collected under permit must be deposited in a "qualified repository" — an institution that has the staff, facilities, and commitment to maintain specimens in perpetuity for scientific and public benefit; common repositories include natural history museums, university paleontology departments, and federal agency collections

How It Affects You

If you're a casual hiker or rockhound: you can pick up common invertebrate fossils (shells, crinoids, plant fossils) from the surface on most BLM and NFS lands without any permit. You cannot sell them, cannot dig, and cannot collect significant vertebrate specimens (any dinosaur material, large mammal bones, significant fish specimens). The practical rule: if it's small, common, and on the surface, you can usually take it. If it looks significant or rare, leave it in place and report it to the land management agency.

If you're a professional paleontologist or researcher: PRPA's permit system creates a workable pathway for field research — apply to the applicable agency, demonstrate your qualifications, identify a repository, and get a permit. The repository requirement is non-negotiable: you cannot collect significant specimens and keep them in a private lab indefinitely. The flip side is that the repository system protects your access — commercially collected specimens end up in private hands unavailable for future research; PRPA specimens are permanently accessible to science.

If you're a commercial fossil dealer: PRPA does not make commercial fossil collecting on federal land legal. Commercial collection without a permit is a federal crime. Dealers who purchase fossils from individuals who collected on federal land without authorization may themselves be liable for receiving stolen government property.

If you find a significant fossil on federal land (a dinosaur bone, an unusual track, anything that looks scientifically significant): do not collect it or disturb it; note the GPS coordinates; photograph it; and report it to the nearest land management agency office. Reporting significant finds often leads to permitted excavations by museums or universities, and in some cases to fossil recognition for the reporting party.

Statutory Authority

This rule implements:

• 16 U.S.C. § 470aaa — Definitions: establishes the scope of "paleontological resource" (fossilized remains of organisms 10,000 years old or more), "casual collecting," and "permit"
• 16 U.S.C. § 470aaa-1 — Management principles: requires management using scientific principles, ensuring access for research, and protection of resources for the benefit of present and future generations
• 16 U.S.C. § 470aaa-2 — Permit system: directs agencies to establish a permit system for scientific collection
• 16 U.S.C. § 470aaa-3 — Curation: requires permitted specimens to be deposited in qualified repositories maintained for perpetual scientific and public benefit
• 16 U.S.C. § 470aaa-5 — Penalties: criminal penalties (up to 2 years for casual collection violations; up to 5 years for trafficking) and civil penalties ($500 minimum for commercial violations; twice the value of the paleontological resources involved for organized trafficking

Implementing Regulations

The DOI multi-bureau implementation of PRPA lives at 43 CFR Part 49 — covering BLM, Bureau of Reclamation, NPS, and FWS simultaneously. The Forest Service separately promulgated 36 CFR Part 291. Key Part 49 provisions:

• § 49.100 — Permit required for scientific excavation and removal of any paleontological resource from federal land managed by DOI bureaus; casual collecting on BLM and Reclamation lands remains available without a permit for common invertebrate and plant fossils collected in reasonable quantities for personal use
• § 49.110 — Permit applicant qualifications: demonstrated training in collection and curation methods; ability to document excavation sites accurately (location, stratigraphy, associated matrix); affiliation with or arrangement to use an approved repository; and past compliance with similar permits
• § 49.200 — Repository deposits: all permitted collections must be deposited in a bureau-approved repository — a museum, university natural history collection, or similar institution that agrees to maintain the collection, provide scientific and public access, and preserve the associated field documentation indefinitely; repository approval requires demonstrated capacity for curation, security, and public accessibility
• § 49.300 — Prohibited acts: no person may excavate, remove, damage, or deface any paleontological resource on federal DOI land without a permit; sell or purchase any illegally collected resource; transport or receive an illegally collected resource; or make false statements on permit applications
• § 49.400 — Criminal penalties: knowing violations carry up to 2 years imprisonment for first offenses; up to 5 years for subsequent offenses or commercial trafficking violations; the 5-year enhanced penalty targets the commercial fossil black market — T. rex and other high-value dinosaur specimens command millions at auction, creating powerful economic incentives for illegal collection
• § 49.500–49.525 — Civil penalties: BLM, NPS, and Reclamation may assess administrative civil penalties without criminal prosecution; penalty amounts factor in scientific value, fair market value, site restoration costs, economic benefit to the violator, and violation history; civil penalties may be used when criminal prosecution is impractical (e.g., for technical permit violations not involving commercial trafficking)

The Part 49 framework and the Forest Service Part 291 framework operate in parallel across all five DOI and USDA bureaus — creating a functionally unified federal fossil protection system even though the implementing rules appear in two separate CFR titles.

Recent Rulemakings

PRPA was enacted in 2009; the implementing regulations (36 CFR Part 291 for Forest Service; 43 CFR Part 3620 for BLM; 43 CFR Part 49 for DOI multi-bureau) were finalized in 2015 (80 FR 21600). No significant amendments since 2015. Agency policies continue to evolve around what constitutes "significant" for purposes of triggering the permit requirement versus casual collecting.

Pending Action

No current rulemakings. The BLM and Forest Service periodically update their permit application procedures and repository guidance through agency policy rather than rulemaking.