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["Lynda" <lurine AT com-pair.net>]

Nationalizing the cars and bikes of rock collectors - Pending Omnibus
land bill's forfeiture provision has broad reach
http://www.openmarket.org/2009/02/22/nationalizing-the-cars-and-bikes-of-rock-co\
llectors-pending-omnibus-land-bills-forfeiture-provision-has-broad-reach/

"At the same time there has been so much talk of government
nationalization of troubled big banks, a bill quickly snaking through
Congress would allow the feds to expropriate cars, bicycles and other
"vehicles and equipment" of everyone from amateur collectors of rocks to
kids going on scavenger hunts.

In the Omnibus Public Land Management Act of 2009, which passed the
Senate (S. 22) in January and is up for a vote in the House as early as
this Wednesday, a "forfeiture" provision would let the government
confiscate "all vehicles and equipment of any person" who disturbs a
rock or a bone from federal land that meets the bill's broad definition
of "paleontological resource." The seizures could take place even before
a person and even if the person didn't know they were taking or digging
up a "paleontological resource." And the bill specifically allows the
"transfer of seized resources" to "federal or non-federal" institutions,
giving the government and some private actors great incentive to egg on
the takings.

Groups representing those from scientists to rock collectors to other
fossil enthusiasts have warned of ominous consequences that could
criminalize the exploration and learning about natural history
ironically in the name of protecting nature. According to Tracie
Bennitt, president of the Association of Applied Paleontological
Sciences, the bill's language is so vague and the penalties such as
forfeiture so severe that it could allow the government to "put
scientists in jail and confiscate university vans." In a letter on the
bill to members of Congress, Bennitt warns, "We can visualize now a
group of students unknowingly crossing over an invisible line and ending
up handcuffed and prosecuted."

The area of concern is Subtitle D of the bill called the
"Paleontological Resources Preservation Act." The provisions in this
subtitle make it illegal to "excavate, remove, damage, or otherwise
alter or deface or attempt to excavate, remove, damage, or otherwise
alter or deface any paleontological resources located on Federal land"
without special permission from the government.

A "paleontological resource" is broadly defined in the bill as "any
fossilized remains, traces, or imprints of organisms, preserved in or on
the earth's crust, that are of paleontological interest and that provide
information about the history of life on earth." Penalities for
violations include up to five years in jail, and, as previously stated,
all vehicles and equipment "used in connection with the violation" are
subject even before trial "to civil forfeiture, or upon conviction, to
criminal forfeiture."

Among the problems, critics explain, is that the language is so broad
that merely picking up rocks under this bill could be found guilty of
"excavating" or "removing" a "paleontological resource." There are
numerous rocks, stones, and other objects of nature that contain
fossilized imprints and, in the bill's language, "are of paleontological
interest and that provide information about the history of life on
earth." In fact, it is likely the most rocks that people pick up would
meet this definition.

So people from mining companies to amateur geologists known as
"rockhounds" to children gathering stones on field trips could be at
risk for unintentionally violating this bill should it become law. The
law does purport to allow an exception for a "resonable amount" of
"casual collecting," but then practically negates that excepion by
saying that the "reasonable amount" shall be enitirely "determined by
the Secretary" of Interior or Agriculture."

In an analysis of a similar bill in previous session of Congress, the
policy group Partnership for America noted this scenario, "If a person
were to be out hiking and picked up a rock as a souvenir, an enforcement
officer who discovers this situation, at his or her discretion, could
seize the equipment and the vehicle in use by the person or family at
the time of the 'offense.'" The analysis concluded, "The legislation may
sound benign on its surface, yet it could have very dire unintended
consequences for mining companies, rock hounds (geology enthusiasts) and
average citizens who enjoy our national forests."

One of those consequences is the civil forfeiture provision in Section
6308, which would leave those accused without their cars or other
property until the trial was completed - basically the property would be
guilty until proven innocent. As described by the Partnership for
America analysis: "Even if a person eventually prevails in their case
should they be prosecuted under this Act, their family would be without
the use of the equipment and vehicle until the case is adjudicated,
which could be months or even years, creating an extreme hardship in
many cases. The government would likely try to obtain a guilty plea in
exchange for a reduced penalty or the return of some of the personal
property, which many innocent citizens would accept to avoid the cost
and inconvenience of a trial."