Prospecting Fossils, Opinion vs. Law Options

[MikeS]

When I first started to look into the legality of collecting fossils years ago, I came across many opinions about the subject. Recently I have dug into the issue a little deeper to separate the opinion from actual law. While on the BLM website under rules and regulations page I saw this about prospecting on BLM lands:

Archaeological Resource Protection Act (ARPA)
Anything over 100 years old is considered a cultural artifact and therefore its removal or destruction without authorization is prohibited. No surface collection or disturbance of any cultural materials is allowed on public lands. This includes surface collection of arrowheads (under 43 CFR 8365.15(a)(1)). All surface collection, disturbance, excavation and/or digging for artifacts are prohibited.
Paleontological Resources
The law distinguishes between vertebrate (dinosaurs or animals) and invertebrate(seashells, etc.) fossils. Reasonable amounts of invertebrate fossils may be collected from the surface for personal use (not for sale). Vertebrate fossil collection (dinosaur bones) is prohibited. All excavation or digging for either type of fossil is illegal.
Mineral Resources (Rock, Sand, Gravel)
Reasonable amounts of minerals resources may be collected with a permit for personal use, if collection can be accomplished without causing resource damage.

So I decided to read the (ARPA) and related Acts. I could find no distinction between vertebrate and invertebrate fossils written in the law. Here is what it actually says: (I underlined one sentence and put the word "not" in bold.)

Archaeological Resources Protection Act of 1979
16 U.S.C. 470bb, Definitions
Section 3
As used in this Act—
(1) the term "archaeological resource" means any material remains of past human life or activities which are of archaeological interest, as determined under uniform regulations promulgated pursuant to this Act. Such regulations containing such determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, graves, human skeletal materials, or any portion or piece of any of the foregoing items. Nonfossilized and fossilized paleontological specimens, or any portion or piece thereof, shall not be considered archaeological resources, under the regulations under this paragraph, unless found in an archaeological context. No item shall be treated as an archaeological resource under regulations under this paragraph unless such item is at least 100 years of age.
16 U.S.C. 470kk,
Savings provisions
16 U.S.C. 470kk(a),
Mining, mineral leasing, reclamation, and other multiple uses
Section 12
(a) Nothing in this Act shall be construed to repeal, modify,or impose additional restrictions on the activities permitted under existing laws and authorities relating to mining, mineral leasing, reclamation, and other multiple uses of the public lands.
16 U.S.C. 470kk(b),
Private collections
(b) 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 archaeological resource, as determined under uniform regulations promulgated under section 3(1) of this Act.
16 U.S.C. 470kk©,
Lands within Act
© Nothing in this Act shall be construed to affect any land other than public land or Indian land or to affect the lawful recovery, collection, or sale of archaeological resources from land other than public land or Indian land.

The law excludes paleontological specimens from the definition of "archaeological resource" "unless found in an archaeological context".
If they are found in a mineralogical context then they are minerals and subject to mining rights and laws.

[MikeS]

I did not see that documentary swizz but it looks like a good one. I did however find the law that distinguishes between vertebrate and invertebrate fossils:

P.L. 111-011
March 30, 2009
OMNIBUS PUBLIC LAND MANAGEMENT ACT
Title IV
Department of the Interior
Authorizations
Subtitle D
Paleontological Resources Preservation
SEC. 6301. DEFINITIONS.
In this subtitle:
(1) CASUAL COLLECTING - The term `casual collecting' means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal use, either by surface collection or the use of non powered hand tools resulting in only negligible disturbance to the Earth's surface and other resources. As used in this paragraph, the terms `reasonable amount', `common invertebrate and plant paleontological resources' and `negligible disturbance' shall be determined by the Secretary.
(4) PALEONTOLOGICAL RESOURCE - The term `paleontological resource' means 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, except that the term does not include
(A) any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or (B) any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)).
SEC. 6304. COLLECTION OF PALEONTOLOGICAL RESOURCES.
(a) Permit Requirement -(1) IN GENERAL - Except as provided in this subtitle, a paleontological resource may not be collected from Federal land without a permit issued under this subtitle by the Secretary.
(2) CASUAL COLLECTING EXCEPTION - The Secretary shall allow casual collecting without a permit on Federal land controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal land and this subtitle.
(3) PREVIOUS PERMIT EXCEPTION - Nothing in this section shall affect a valid permit issued prior to the date of enactment of this Act.
SEC. 6311. SAVINGS PROVISIONS.
Nothing in this subtitle shall be construed to
(1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (43 U.S.C. 1701 - 1784), Public Law 94 - 429 (commonly known as the `Mining in the Parks Act') (16 U.S.C. 1901 et seq.), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 - 1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551);
(2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal land;
(3) apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this subtitle;
(4) affect any land other than Federal land or affect the lawful recovery, collection, or sale of paleontological resources from land other than Federal land;