Sunday, March 9, 2025

FEDERAL LANDS: COLLECTING FOSSILS

Everyone should believe in something. I believe I'll go fishing.  (Thoreau)
 

  

Xiphactinus (cast) collected from Cretaceous chalk beds of Kansas

Most rockhounds are interested in collecting fossils on Federal lands managed by the Bureau of Land Management (BLM), part of the Department of Interior, and the U.S. Forest Service (USFS), a member of the Department of Agriculture. In past years I have often offered comments on the proposed rules and regulations concerning such and had hoped that the two agencies would come up with  common, and understandable, regulations. That “sort of happened” although there are differences in the rules, and some appear to an ole plugger like me as not very understandable. However, both agencies strongly point out that collecting vertebrate fossils, “uncommon” invertebrate fossils and fossil plants on Federal lands is prohibited without a collecting permit---don’t even think about it and don’t disturb the area if you happen to find a locality—contact the land managers for advice.

As best that I can understand, the USFS has a very prescriptive set of regulations concerning the collection of common invertebrate fossils: invertebrate fossils are the fossilized remains of animals lacking a backbone. A few examples include: ammonites, trilobites, snails, clams, and insects. Invertebrate and plant fossils (including invertebrate and plant trace fossils) may be collected without a permit, from the surface without digging and for personal, hobby, educational, and noncommercial use only. A permit is required for research/scientific purposes… Trading, bartering, or selling any fossil material (plants, invertebrates, vertebrates, or any trace fossils) removed from National Forest System lands is prohibited..  In the meantime, for your reading pleasure see: Federal Register/Vol. 80, No. 74/Friday, April 17, 2015/Rules and Regulations and make certain to read the fine print.as there are some surprising “subrules”.

The BLM rules “resemble” those of the USFS and were published on 8/2/2022 when the BLM stated: The U.S. Department of the Interior (DOI or Department) is promulgating this regulation under the Paleontological Resources Preservation Act. This regulation provides for the management, preservation, and protection of paleontological resources on lands administered by the Bureau of Land Management../.,Published Document: 2022-16405 (87 FR 47296).

Reading the Federal Resister is not a very enjoyable evening activity. However, in my humble opinion the BLM regs are less prescriptive than those of the USFS:  You may collect reasonable quantities of common invertebrate fossils such as mollusks and trilobites, but this must be for personal use, and the fossils may not be bartered or sold.

My advice to the fossils hunters is to visit with the local land managers and ask for their advice and perhaps ask about a location for collecting. I have found these employees to be quite helpful and nice, but perhaps a little cautious after receiving episodes of screaming and yelling from miscreants out in the field. Be respectful to these hard-working ladies and gentlemen as they have a wealth of useful information.

Please note that I have only scratched the surface on these collecting rules, and they may have different interpretations in different localities. For example, the amount (pounds) of fossils available as “causal collecting”.  So, TALK TO THE LAND MANAGERS. If I can perhaps clear up some rule or reg for you shoot me an email at csrockboy@yahoo.com.   Mike

As for the educational part of this article, I refer you to promulgating this regulation from the BLM. Who uses promulgating in everyday discussions? I guess the Federal bureaucracy since promulgate, in the context of administrative law, is a term used to describe the process of enacting an administrative final rule as an administrative regulation. A regulation is promulgated when a final rule is published in the Federal Register at the conclusion of the rulemaking process.. Now, your assignment is to use the verb or noun in a sentence within the next week. Increase your vocabulary. I did!

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