On May 23, 2013, the Forest Service proposed regulations for the preservation and management of paleontological resources. The Forest Service has been relying on either the Organic Administration Act (Act of June 4, 1897) or the American Antiquities Act (Act of June 8, 1906) as the statutory authority to manage its paleontological resources under a permit system with penalties under 36 CFR 261.9 for excavating, damaging, or removing any vertebrate fossil or removing any paleontological resource for commercial purposes without a special use authorization.

On March 30, 2009, Congress passed Public Law 111-11 (123 Stat. 991) cited as the "Omnibus Public Land Management Act of 2009." Public Law 111-011 at title VI, subtitle D lays out statutory requirements for paleontological resources preservation (PRP). PRP provides definitions, but requires the definition of some terms, and uses other terms and concepts that need further definition or details to clarify intent or enforcement. PRP identifies management requirements, collection requirements, curation requirements, needed for both criminal and civil penalties, rewards and forfeiture, and the need for confidentiality of some significant resource locations. PRP at section 6310 also states that "As soon as practical after the date of enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this subtitle, providing opportunities for public notice and comment."

These final regulations will provide for the preservation, management, and protection of paleontological resources on National Forest System lands. Currently, the USDA-Forest Service does not have specific regulations for the preservation and management of paleontological resources. The Forest Service has been relying on either the Organic Administration Act (Act of June 4, 1897) or the American Antiquities Act (Act of June 8, 1906) as the statutory authority to manage its paleontological resources under a permit system with penalties under 36 CFR 261.9 for excavating, damaging, or removing any vertebrate fossil or removing any paleontological resource for commercial purposes without a special use authorization.