TITLE 2800 - MINERALS AND GEOLOGY 5/85 R-1 SUPPLEMENT 28 CHAPTER 2880 - GEOLOGIC RESOURCES AND SERVICES 2883 - GEOLOGIC SERVICES PROGRAM ACTIVITIES 2883.8 - Special Interest Areas. (Paleontology) Many laws and regulations imply consideration of paleontological finds on National Forest System lands, but there is no clear cut guidance on inventory, occurrence, protection, or recovery. Exhibit 1 is a system for recognizing and resolving possible conflicts with other resource developments. Exhibit 2 is Form R1-FS-2880-1, Paleontological Resource (Fossil) Site Record. Also listed are guidelines for small scale, noncommercial collecting by the general public (see Section 7). Sections 1 through 5 of the following discussion accompanies and explains Exhibit 1. Sections 6 and 7 provide additional paleontological resource management guidance. 1. Descriptions. a. Site. A location having paleontological and/or cultural remains. (1) Cultural site. A location having evidence of human presence in the environment. (2) Paleontological site. A location having evidence of fossilized plant and/or animal remains preserved by natural causes in the earth's crust. Any such specimen or any portion thereof, shall not be considered an archeological resource unless found an archeological context. b. Recognition and Notification. (1) If the site is cultural, notify the Forest archeologist. (2) If it is a paleontological find, the Forest or District geologist is responsible. c. Nonsignificant. An individual fossil find is defined as nonsignificant if: (1) the species occurs extensively throughout a large geographic area; (2) it does not provide additional scientific data not found in other specimens of the same species; and (3) it is an invertebrate or paleobotanical fossil and does not meet the criteria defined under Significant. d. Significant. A find shall be judged significant if it: (1) is a vertebrate or, (2) provides important information on the development of biological communities or interaction between botanical and zoological species or, TITLE 2800 - MINERALS AND GEOLOGY (3) provides important information on evolutionary trends relating living inhabitants to extinct organisms or, (4) demonstrates unusual or spectacular circumstances in the history of life or, (5) is a rare species in danger of depletion by the elements, vandalism, or conflicting resource development and/or is not found in other geographic locations. Other criteria may be added by individual Forests to cover local situations such as petrified Forests, concentrations of petrified stumps, etc. 2. Recordation of Site Judged Significant and Distribution of Site Records. Form R1-FS2880-1, Paleontological Resource (Fossil) Site Record, Exhibit 2, shall be completed for a site judged significant. Site records will be filed on the District(s). Send one copy of form, R1-FS2880-1, to the Supervisor's Office. Other Federal and State agencies will be notified as required by regulation or law. 3. Preliminary Impact Evaluation. This evaluation will normally be made by the District or Forest geologist. Very rarely, if ever, will significant finds be made in the developed soil profile. The vast majority will be found exposed in terrace scarps, cutbanks (natural or manmade) and erosional remnants. When surface disturbing activities are proposed, the District and/or the Forest geologist will conduct a field survey of the area to be directly affected. The survey will normally be restricted to the area of dirtwork involving cut. Survey results will be reported to the responsible line officer in keeping with the decision timeframe for the project. Examples of impact are: a. No impact. If a site is judged significant, it should be recorded on Form R1-FS-2880-1, even though the site is in no foreseeable danger of being disturbed or destroyed by or man natural causes. b. Potential Impact. Potential impact exists if the site is likely to be disturbed by another resource activity or natural causes. Sites in the potential impact or no impact category may be considered in the Routine Field Examination (see 5.a). c. Imminent Impact. Imminent impact exists when an identified site of true significance is threatened, and relocation or modification of the impacting activity is not reasonable or feasible. 4. Professional Qualifications (Paleontologist). A qualified trained paleontologist (QTP) will: a. have a B.A. in paleontology with at least 4 years field experience, b. have a M.A. specializing in paleontology with 2 years field experience, or c. hold a PhD, specializing in paleontology. 5/85 R-1 SUPPLEMENT 28 TITLE 2800 - MINERALS AND GEOLOGY 5. Technical Evaluation. a. Routine Field Evaluation. In an imminent impact situation, the QTP will be brought on site to: (1) render a professional opinion as to degree of significance; and (2) give recommendations for recovery including identification of qualified academic institutes or museums that would undertake recovery operations. c. Tradeoff. Considering the QTP's finding, and other relevant consideration, the responsible line officer may elect to allow the impact and salvage where possible. d. Recovery. Considering the QTP's findings and recommendations, the responsible line officer may decide to recover the site according to existing laws and regulations before allowing a conflicting man-caused activity to proceed. e. Disallow Activity. Considering the QTP's findings and recommendations, the responsible line officer may, under the provisions of 34 Statute 225, disallow an impacting mancaused activity. Such an action may be prompted when: (1) because of site size, nature, and outstanding significance recovery cannot be accomplished without unacceptable loss of the resource, and (2) uniqueness, importance, and interpretive values indicate the site should remain undisturbed. 6. Paleontological Resource Inventory. On Forests or Districts where the geologic environment warrants, the geologist will conduct an appropriate level of paleontological resource inventory and display the results on maps relating to sensitivity, resource field reconnaissance, and site finds. The type and extent of the inventory should be based on the level and type of resource impacting activities on the Forest or District. a. Sensitivity Map. Sensitivity information will relate to those formations, members, or horizons with a moderate to high potential for significant fossil occurrences. Potential for occurrence will be derived from common knowledge, literature, field surveys and site records. b. Paleontological Resource Field Reconnaissance Report. Report(s) relating to surveys of significant ground disturbing activities that may have an impact on the paleontological resource. c. Site Report. Prepare form R1-FS-2880-1 for all significant paleontological finds on the District or Forest. Priority will be given to sites likely to be impacted as a result of ground disturbing activities identified in the Peleontological Resource Field Reconnaissance Report. 5/85 R-1 SUPPLEMENT 28 TITLE 2800 - MINERALS AND GEOLOGY 7. Fossil Collecting. a. Special Use Antiquities Permits (Act of 1906) are adequate for permitting recovery of significant finds on public lands. b. The Archaeological Resource Protection Act of 1979, specifically states that ". . . paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources . . . unless found in an archeological context. . . ." The Act further states that "Nothing in this Act applies to or requires a permit for, the collection for private purposes of any rock, coin, bullet, or mineral which is not an archeological resource, as determined under uniform regulations promulgated under Section 3(1)." c. As paleontological specimens are not archeological resources they are not necessarily subject to the same rules, laws, and regulations. d. Where the paleontologic resource is not classified significant, no permit shall be required for noncommercial collecting by any private citizen on lands administered as part of the National Forest System in Region 1. EXHIBITS 1 AND 2 MAY BE VIEWED IN HARD COPY. 5/85 R-1 SUPPLEMENT 28