Issue Overview

The purpose of this section is to provide information and boilerplate language that will help to provide a basic understanding of the issue by factually describing the issue, its scope, and dimensions.

Fossils are the remains or traces of organisms preserved in the earth's crust, and paleontology is the study of these fossils. Through scientific study of carefully collected and preserved fossils, we gain a better understanding of the history of life on earth.

Human development of the earth's surface can be detrimental to fossils if the development includes surface-disturbing activities in areas containing important fossils. Paleontological issues include: (1) avoiding destruction of scientifically important fossils, (2) identifying areas having scientifically important fossils, (3) collecting (removing) and preserving scientifically important fossils, and (4) allowing and maintaining access to scientific study of important fossils.

Both the Federal Government and State Government have laws and rules regarding the collection, preservation, and curation of fossils. In general, personal hobby collecting of invertebrate and plant fossils (for example, clams and leaves) is legal on many State and Federal lands, but collection of vertebrate fossils (for example, dinosaurs) requires that a detailed permit be issued by the land's governing agency. Destruction of vertebrate fossils originating on state and federal lands in Utah is illegal. State and federal fossil resource laws do not pertain to private lands. The state law does apply, at least in part to county-owned lands as well.

Utah State Code (63-73-11 through 63-73-19) currently states that paleontological resources are important and requires the preservation of critical fossil resources on State lands. The Code mandates that those removing or excavating critical fossils on State lands be qualified and permitted under joint jurisdictional cooperation from: the Utah Geological Survey (UGS), Utah Museum of Natural History, and the School and Institutional Trust Lands Administration. State Code (53B-17-603) also requires that important extracted fossils be curated by an approved and qualified institution. The BLM and Forest Service have similar laws concerning the collection of vertebrate fossils on federal lands.

Options & Trade-Offs

When considering undertaking ground-disturbing development, or when evaluating such potential development by others, questions to keep in mind are:

• Is the developing entity aware of (or does it intend to determine) what areas within the project site may contain important fossil resources?
• Does the developing entity have a mitigation plan that spells out how fossil resources will be handled? (for example, pre-disturbance paleontological survey, real-time onsite evaluation of fossils during excavation activities, etc.)
• Does the developing entity allow access for qualified individuals/institutions to collect (remove) important fossils that may otherwise be lost to scientific study if merely left in the near-surface to decompose?
• If a major and important fossil discovery is made, does the County want a say in where the materials are ultimately housed or displayed (degree of involvement)?

Potential for Conflict

Potential conflict issues regarding paleontological resources are:

• Limiting road or trail access (land preservation) to important fossil sites. Many federal management plans have stated how they will allow access by qualified personnel for preservation of important fossils, but reality shows that access is not always granted, or is obtained through an unnecessarily long and cumbersome permitting and regulation process.
• Allowing extractive industries to operate in areas of high paleontological sensitivity. Often, such multi-use can be achieved by defining and avoiding (or mitigating) areas having significant fossil resources. However, a larger issue seems to be a tendency to ignore an attempt at multiple-use, by wholly excluding a particular activity within a geographic region or sub-region. For example, mining may needlessly be excluded in a region that may contain important fossils, even if the fossil resources have not been evaluated in detail.

Range of Alternatives

This is not an “all-or-nothing” issue – there can be a range management options that vary depending on the paleontological sensitivity of the geologic formations exposed in a specific study area. The paleontological resources of each Utah county range from almost non-existent to highly significant, so paleontological resource management plans for each county will be equally diverse.

The Bureau of Land Management has classification and assessment & mitigation guidelines [table] in their Handbook for Paleontological Resource Management, which is currently under revision. The Society of Vertebrate Paleontology has also adopted Standard Guidelines for the Assessment and Mitigation of Paleontologic Resources. Portions of these guidelines are included as separate files. The Counties may be able to use some of the language from these guidelines in their reports, but this will be highly variable form county to county.

top

Existing Condition

The purpose of this section is to provide information and boilerplate language that will help to describe the existing condition.

Data Review

The Web sites provided outline the general regulations regarding fossil collecting and permitting, but do not contain laws (codified language) on these topics. Also be advised that regulations may change, and the information on these Web sites may not be updated. And finally, not all government agencies that have permitting authority have online posting of their regulations. Therefore, we strongly advise that you contact the appropriate agency personnel to discuss specific paleontological resource concerns.

Information on paleontological permitting, excavating, and collecting on Utah 's BLM lands can be found on these Web sites:

http://www.ut.blm.gov/Cultural/Paleontology/permits.html

http://www.ut.blm.gov/Recreation/recreationfossils.htmlww.ut.blm.gov/Recreation/recreationfossils.html

Information on paleontological permitting, excavating, and collecting on Utah 's State lands can be found on these Web sites:

http://www.geology.utah.gov/esp/index.htm

http://www.geology.utah.gov/esp/paleo/permit_instruct.pdf

http://www.geology.utah.gov/online/pdf/pi-23.pdf

Databases:

Under State Code, the Utah Geological Survey maintains a paleontological database of fossils and known fossil localities on State and other lands in Utah . Usually under a fee arrangement, the UGS performs geographic searches of this database for particular agencies. Much of this information is proprietary due to the sensitivity of divulging locations of significant fossil localities. Contact the UGS for more information.

Available Publications, Maps, and Other Information:

The Utah Geological Survey is the lead agency in Utah state government regarding paleontological issues, and this agency also houses the Office of the State Paleontologist. The UGS has produced unpublished “paleontological sensitivity maps” for a few federal land areas in Utah . These maps show where generally-fossil-rich geologic formations crop out on the ground surface, and plot the general locations of known paleontological sites. The UGS has also compiled guidelines (at this point, informal) on rating paleontology sensitivity, which is a useful tool in determining when a paleontological survey on state lands will be required. These products are typically used as a first step to performing more detailed field evaluations of areas likely to contain important fossils. These tools are also useful in the planning stages to pre-identify where important fossils may exist. As needed, the UGS can produce at a county-wide scale, digital GIS maps of paleontological sensitivity. Additional information on paleontological resources may be obtained from the Utah Geological Survey (see “Resources to Assist” section).

UGS Publications on paleontological Resources in Utah :

Vertebrate paleontology in Utah , David D. Gillette, editor, MP-99-1, 553 p., 8/99

Paleontological survey of the Grand Staircase-Escalante National Monument, Garfield and Kane Counties, Utah, Special Study 99, 98 p., 4/01

Items to Consider

In describing the Existing Condition, the county should address:

• Any existing paleontological finds or discoveries in the region
• Current knowledge on important fossils in the region
• Probable locales of fossil-bearing geologic formations in the region
• The current state of development in the region
• Any existing or on-going paleontological issues in the region

Boilerplate Language

This topic will vary greatly from county to county. Therefore, boilerplate language can not be provided. However, as county paleontological plans are created, they will be advertised as examples.

top

Desired Future Condition

The purpose of this section is to provide information and boilerplate language that will help to describe the improvements and changes that need to be made to the existing condition in order to achieve the desired future condition. It also provides the basis for the development of policy statements that support the desired future condition.

Range of Alternatives

In describing the Desired Future Condition, the author should address:

• The desire to allow or preclude access (road closure, road building) to important fossils for scientific research and/or recreational viewing.
• The desire to allow or preclude fossil collecting (removing) and preserving.
• Any conflicts that may exist with other uses or intended uses of the land.

Boilerplate Language

This topic will vary greatly from county to county. Therefore, boilerplate language can not be provided. However, as county paleontological plans are created, they will be advertised as examples.

The language in this section should be linked to the county's “items to consider” list.

top

Policy and Position Statements

The purpose of this section is to provide boilerplate policy statement language that will support the desired future conditions. A range of possible conditions is provided here.

Boilerplate Language

Recognizing that Utah contains a wealth of significant paleontological resources, the current State position is one of preservation of critical fossil resources, and preserving access to critical fossils and fossil sites by the qualified scientific community. With a valid permit, excavation and removal of specimens for scientific study is encouraged (unless plans include setting up a preservation display onsite). The State strongly advises against any alternative that precludes preservation of known surface or near-surface fossils; allowing such fossils to remain in place subject to the natural elements is to encourage their decay (as well as vandalism) and associated loss of scientific and educational value. Utah 's fossils belong to the citizens of this state and should be carefully collected and preserved so that future generations may enjoy and experience Utah 's remarkable fossil heritage.

top

Goals, Objectives, and/or Action Items

The purpose of this section is to provide boilerplate examples of the types of improvements or changes that typically would be needed to reach the desired future condition. “Goal” is the desired condition. “Objectives” are improvements or changes that need to be made to reach the goal. “Action Items” are specific actions that can be taken in order to achieve the objective.

The Utah Department of Transportation is the only state agency that has rules in place to address U.C.A. 63-73-19 compliance issues. Other state agencies, including UGS, also need to develop rules to ensure that paleontological compliance issues are addressed.

top

Monitoring Methods and Mechanisms

The purpose of this section is to provide suggested techniques and methods for monitoring progress towards the desired condition.

Development of County Paleontological Resource Management Plans will probably best be accomplished through partnerships with some of the agencies and organizations listed below. Monitoring will be done this way as well.

top

Sources and Resources to Assist

This section is intended to be a reference guide to help locate any sources of assistance.

STATE:

Utah Geological Survey Main phone: (801) 537-3300

Office of the State Paleontologist State Paleontologist : James I. Kirkland
1594 W. North Temple , Suite 3110 (801) 537-3307
P.O. Box 146100 Paleo. Assistant : Martha Hayden
Salt Lake City , UT 84114-6100 (801) 537-3311

Utah School & Institutional Trust Lands Administration
Main Office:
675 East 500 South, Suite 500
Salt Lake City , UT 84102
801-538-5100
801-355-0922 FAX
http://www.utahtrustlands.com/contact_us/

Utah Museum of Natural History
1390 E. Presidents Circle
University of Utah
Salt Lake City UT 84112
Main phone: (801) 581-6927
Located on the southwest corner of the Presidents circle on the University of Utah campus in Salt Lake City , Utah
http://www.umnh.utah.edu/

FEDERAL :

U.S. Bureau of Land Management (801) 539-4029
Utah State Office
PO Box 45155 BLM
Salt Lake City, Utah 84145-0155
Phone: (801) 539-4001
Fax:      (801) 539-4013

U.S. Forest Service Steve Robison (208) 236-7573
Caribou National Forest “Regional Paleontologist”
4350 Cliffs Drive
Pocatello ID 83204
http://www.fs.fed.us/geology/mgm_paleontology.html
srobison@fs.fed.us

ORGANIZATIONS:

Utah Friends of Paleontology http://www.utahpaleo.org/

Utah Friends of Paleontology (UFOP) is a statewide non-profit volunteer organization dedicated to preserving Utah 's fossil resources through public education and volunteer support of sponsoring institutions. Certification classes train UFOP members to assist paleontologists in a variety of ways. Trained volunteers may participate in museum-sponsored digs, specimen preparation projects, and public outreach programs. Several Chapters exist throughout Utah.

top