Candy Copeland
Sweetnes@kincyb.com
Date: 18 Jan 96 20:32:01 EST
From: Bob Cranston <72102.1322@compuserve.com>
To: Candy Copeland <sweetness@kincyb.com>
Subject: South Dakota Fossil Bill Passed 35-0
The South Dakota Legislature passed Senate bill S-86 today in a 35-0 vote.
Bill follows:
STATE OF SOUTH DAKOTA SEVENTY - FIRST SESSION
LEGISLATIVE ASSEMBLY 1996
547X0319 SENATE BILL 86
Introduced by: The Committee on State Affairs at the request of the
Commissioner of School and Public Lands
1. FOR AN ACT ENTITLED, An Act to provide for the regulation of certain
2. paleontological activities on school and public lands.
3. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
SOUTH DAKOTA:
4. Section 1. Before any person may survey or excavate for paleonto-
5. logical resources on any lands under the jurisdiction of the commis-
6. sioner of school and public lands, the person shall obtain a permit
7. from the commissioner.
8. Section 2. The commissioner of school and public lands shall pro-
9. mulgate rules pursuant to chapter 1-26 governing the issuance of per-
10. mits required in section 1 of this Act. The rules shall include:
11 (1) Minimum permittee qualifications;
12 (2) Duration of permit;
13 (3) For excavation permits, coordination with the lessee
14 for entry to the property for the purposes of the permit;
15 (4) For excavation permits, research designs that provide for the
16 recovery of the maximum amount of scientific, paleontological,
17 and educational information, in addition to the physical recov-
2
1 ery of specimens and the reporting of paleontological informa-
2 tion meeting current standards of scientific rigor;
3 (5) The need, if any, to submit data obtained in the course of
4 field investigations to the commissioner;
5 (6) Proof of consultation with a qualified paleontologist regarding
6 curation of collections;
7 (7) Fees not to exceed $25 for an exploration permit and $250 for an
excavation permit.
8 (8) Permit application forms.
9 Section 3. No person may remove from the state,
10 any specimen,
11 from lands under the jurisdiction of the commissioner of
12 school and public lands, without permission from the commissioner,
13 after consultation with the lessee and any other agencies managing
14 other interests in the land.
15 Section 4. Any scientifically significant paleontological collections
16 recovered from lands under the jurisdiction of the commissioner of
17 school and public lands are property of the state. The repository or
18 curation facility for collections from such lands shall be designated
19 by the commissioner in consultation with a qualified paleontologist.
20 Section 5. The commissioner of school and public lands may revoke
21 or suspend a permit if the permittee fails to conduct a survey or
22 excavation pursuant to law, the rules promulgated by the commissioner
23 or permit provisions. Any person violating sections 1to 6, inclusive,
24 of this Act, or the rules promulgated by the commissioner is guilty of
25 a Class 1 misdemeanor, and in addition, shall forfeit to the state any
26 interest in all paleontological resources discovered by or through the
27 persons efforts.
28 Section 6. Any person who discovers any scientifically significant
29 paleontological resources
3
1 on lands under the jurisdiction of the commissioner of school and
2 public lands shall promptly report the discovery to the commissioner.
3 Nothing in this section may be construed to authorize any person to
4 survey or excavate for paleontological resources other than as
5 provided by this Act.
Bob Cranston