Federal Cave Resources Protection Act

TITLE 16--CONSERVATION

CHAPTER 63--FEDERAL CAVE RESOURCES PROTECTION

Sec. 4301. Findings, purposes, and policy

(a) Findings

The Congress finds and declares that--

(1) significant caves on Federal lands are an invaluable and

irreplaceable part of the Nation's natural heritage; and

(2) in some instances, these significant caves are threatened

due to improper use, increased recreational demand, urban spread,

and a lack of specific statutory protection.

(b) Purposes

The purposes of this chapter are--

(1) to secure, protect, and preserve significant caves on

Federal lands for the perpetual use, enjoyment, and benefit of all

people; and

(2) to foster increased cooperation and exchange of information

between governmental authorities and those who utilize caves located on Federal lands for scientific, education, or recreational

purposes.

(c) Policy

It is the policy of the United States that Federal lands be managed

in a manner which protects and maintains, to the extent practical,

significant caves.

TITLE 16--CONSERVATION

CHAPTER 63--FEDERAL CAVE RESOURCES PROTECTION

Sec. 4302. Definitions

For purposes of this chapter:

(1) Cave

The term ``cave'' means any naturally occurring void, cavity,

recess, or system of interconnected passages which occurs beneath

the surface of the earth or within a cliff or ledge (including any

cave resource therein, but not including any vug, mine, tunnel,

aqueduct, or other manmade excavation) and which is large enough to

permit an individual to enter, whether or not the entrance is

naturally formed or manmade. Such term shall include any natural

pit, sinkhole, or other feature which is an extension of the

entrance.

(2) Federal lands

The term ``Federal lands'' means lands the fee title to which

is owned by the United States and administered by the Secretary of

Agriculture or the Secretary of the Interior.

(3) Indian lands

The term ``Indian lands'' means lands of Indian tribes or

Indian individuals which are either held in trust by the United States for the benefit of an Indian tribe or subject to a restriction against alienation imposed by the United States.

(4) Indian tribe

The term ``Indian tribe'' means any Indian tribe, band, nation,

or other organized group or community of Indians, including any

Alaska Native village or regional or village corporation as defined

in, or established pursuant to, the Alaska Native Claims settlement

\1\ Act (43 U.S.C. 1601 et seq.).

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\1\ So in original. Probably should be capitalized.

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(5) Cave resource

The term ``cave resource'' includes any material or substance

occurring naturally in caves on Federal lands, such as animal life,

plant life, paleontological deposits, sediments, minerals,

speleogens, and speleothems.

(6) Secretary

The term ``Secretary'' means the Secretary of Agriculture or the Secretary of the Interior, as appropriate.

(7) Speleothem

The term ``speleothem'' means any natural mineral formation or

deposit occurring in a cave or lava tube, including but not limited

to any stalactite, stalagmite, helictite, cave flower, flowstone,

concretion, drapery, rimstone, or formation of clay or mud.

(8) Speleogen

The term ``speleogen'' means relief features on the walls,

ceiling, and floor of any cave or lava tube which are part of the

surrounding bedrock, including but not limited to anastomoses,

scallops, meander niches, petromorphs and rock pendants in solution

caves and similar features unique to volcanic caves.

Sec. 4303. Management actions

(a) Regulations

Not later than nine months after November 18, 1988, the Secretary

shall issue such regulations as he deems necessary to achieve the

purposes of this chapter. Regulations shall include, but not be limited

to, criteria for the identification of significant caves. The

Secretaries shall cooperate and consult with one another in preparation

of the regulations. To the extent practical, regulations promulgated by

the respective Secretaries should be similar.

(b) In general

The Secretary shall take such actions as may be necessary to further the purposes of this chapter. Those actions shall include (but need not be limited to)--

(1) identification of significant caves on Federal lands:

(A) The Secretary shall prepare an initial list of

significant caves for lands under his jurisdiction not later

than one year after the publication of final regulations using

the significance criteria defined in such regulations. Such a

list shall be developed after consultation with appropriate

private sector interests, including cavers.

(B) The initial list of significant caves shall be updated

periodically, after consultation with appropriate private sector interests, including cavers. The Secretary shall prescribe by

policy or regulation the requirements and process by which the

initial list will be updated, including management measures to

assure that caves under consideration for the list are protected during the period of consideration. Each cave recommended to the Secretary by interested groups for possible inclusion on the

list of significant caves shall be considered by the Secretary

according to the requirements prescribed pursuant to this

paragraph, and shall be added to the list if the Secretary

determines that the cave meets the criteria for significance as

defined by the regulations.

(2) regulation or restriction of use of significant caves, as

appropriate;

(3) entering into volunteer management agreements with persons

of the scientific and recreational caving community; and

(4) appointment of appropriate advisory committees.

(c) Planning and public participation

The Secretary shall--

(1) ensure that significant caves are considered in the

preparation or implementation of any land management plan if the

preparation or revision of the plan began after November 18, 1988;

and

(2) foster communication, cooperation, and exchange of

information between land managers, those who utilize caves, and the

public.

Sec. 4304. Confidentiality of information concerning nature and

location of significant caves

(a) In general

Information concerning the specific location of any significant cave may not be made available to the public under section 552 of title 5 unless the Secretary determines that disclosure of such information

would further the purposes of this chapter and would not create a

substantial risk of harm, theft, or destruction of such cave.

(b) Exceptions

Notwithstanding subsection (a) of this section, the Secretary may

make available information regarding significant caves upon the written

request by Federal and State governmental agencies or bona fide

educational and research institutions. Any such written request shall,

at a minimum--

(1) describe the specific site or area for which information is

sought;

(2) explain the purpose for which such information is sought;

and

(3) include assurances satisfactory to the Secretary that

adequate measures are being taken to protect the confidentiality of

such information and to ensure the protection of the significant

cave from destruction by vandalism and unauthorized use.

Sec. 4305. Collection and removal from Federal caves

(a) Permit

The Secretary is authorized to issue permits for the collection and

removal of cave resources under such terms and conditions as the

Secretary may impose, including the posting of bonds to insure

compliance with the provisions of any permit:

(1) Any permit issued pursuant to this section shall include

information concerning the time, scope, location, and specific

purpose of the proposed collection, removal or associated activity,

and the manner in which such collection, removal, or associated

activity is to be performed must be provided.

(2) The Secretary may issue a permit pursuant to this subsection

only if he determines that the proposed collection or removal

activities are consistent with the purposes of this chapter, and

with other applicable provisions of law.

(b) Revocation of permit

Any permit issued under this section shall be revoked by the

Secretary upon a determination by the Secretary that the permittee has

violated any provision of this chapter, or has failed to comply with any

other condition upon which the permit was issued. Any such permit shall

be revoked by the Secretary upon assessment of a civil penalty against

the permittee pursuant to section 4307 of this title or upon the

permittee's conviction under section 4306 of this title. The Secretary

may refuse to issue a permit under this section to any person who has

violated any provision of this chapter or who has failed to comply with

any condition of a prior permit.

(c) Transferability of permits

Permits issued under this chapter are not transferable.

(d) Cave resources located on Indian lands

(1)(A) Upon application by an Indian tribe, the Secretary is

authorized to delegate to the tribe all authority of the Secretary under

this section with respect to issuing and enforcing permits for the

collection or removal of any cave resource, or to carrying out

activities associated with such collection or removal, from any cave

resource located on the affected Indian lands.

(B) In the case of any permit issued by the Secretary for the

collection or removal of any cave resource, or to carry out activities

associated with such collection or removal, from any cave resource

located on Indian lands (other than permits issued pursuant to

subparagraph (A)), the permit may be issued only after obtaining the

consent of the Indian or Indian tribe owning or having jurisdiction over

such lands. The permit shall include such reasonable terms and

conditions as may be requested by such Indian or Indian tribe.

(2) If the Secretary determines that issuance of a permit pursuant

to this section may result in harm to, or destruction of, any religious

or cultural site, the Secretary, prior to issuing such permit, shall

notify any Indian tribe which may consider the site as having

significant religious or cultural importance. Such notice shall not be

deemed a disclosure to the public for purposes of section 4304 of this

title.

(3) A permit shall not be required under this section for the

collection or removal of any cave resource located on Indian lands or

activities associated with such collection, by the Indian or Indian

tribe owning or having jurisdiction over such lands.

(e) Effect of permit

No action specifically authorized by a permit under this section

shall be treated as a violation of section 4306 of this title.

Sec. 4306. Prohibited acts and criminal penalties

(a) Prohibited acts

(1) Any person who, without prior authorization from the Secretary

knowingly destroys, disturbs, defaces, mars, alters, removes or harms

any significant cave or alters the free movement of any animal or plant

life into or out of any significant cave located on Federal lands, or

enters a significant cave with the intention of committing any act

described in this paragraph shall be punished in accordance with

subsection (b) of this section.

(2) Any person who possesses, consumes, sells, barters or exchanges,

or offers for sale, barter or exchange, any cave resource from a

significant cave with knowledge or reason to know that such resource was

removed from a significant cave located on Federal lands shall be

punished in accordance with subsection (b) of this section.

(3) Any person who counsels, procures, solicits, or employs any

other person to violate any provisions of this subsection shall be

punished in accordance with section \1\ (b) of this section.

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\1\ So in original. Probably should be ``subsection''.

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(4) Nothing in this section shall be deemed applicable to any person

who was in lawful possession of a cave resource from a significant cave

prior to November 18, 1988.

(b) Punishment

The punishment for violating any provision of subsection (a) of this

section shall be imprisonment of not more than one year or a fine in

accordance with the applicable provisions of title 18, or both. In the

case of a second or subsequent violation, the punishment shall be

imprisonment of not more than 3 years or a fine in accordance with the

applicable provisions of title 18, or both.

Sec. 4307. Civil penalties

(a) Assessment

(1) The Secretary may issue an order assessing a civil penalty

against any person who violates any prohibition contained in this chapter, any regulation promulgated pursuant to this chapter, or any permit issued under this chapter. Before issuing such an order, the Secretary shall provide such person written notice and the opportunity to request a hearing on the record within 30 days. Each violation shall be a separate offense, even if such violations occurred at the same time.

(2) The amount of such civil penalty shall be determined by the

Secretary taking into account appropriate factors, including (A) the

seriousness of the violation; (B) the economic benefit (if any)

resulting from the violation; (C) any history of such violations; and

(D) such other matters as the Secretary deems appropriate. The maximum

fine permissible under this section is $10,000.

(b) Judicial review

Any person aggrieved by an assessment of a civil penalty under this

section may file a petition for judicial review of such assessment with

the United States District Court for the District of Columbia or for the

district in which the violation occurred. Such a petition shall be filed within the 30-day period beginning on the date the order assessing the civil penalty was issued.

(c) Collection

If any person fails to pay an assessment of a civil penalty--

(1) within 30 days after the order was issued under subsection

(a) of this section, or

(2) if the order is appealed within such 30-day period, within

10 days after court has entered a final judgment in favor of the

Secretary under subsection (b) of this section,

the Secretary shall notify the Attorney General and the Attorney General

shall bring a civil action in an appropriate United States district

court to recover the amount of penalty assessed (plus costs, attorney's

fees, and interest at currently prevailing rates from the date the order

was issued or the date of such final judgment, as the case may be). In

such an action, the validity, amount, and appropriateness of such

penalty shall not be subject to review.

(d) Subpoenas

The Secretary may issue subpoenas in connection with proceedings

under this subsection compelling the attendance and testimony of

witnesses and subpoenas duces tecum, and may request the Attorney

General to bring an action to enforce any subpoena under this section.

The district courts shall have jurisdiction to enforce such subpoenas

and impose sanctions.

Sec. 4308. Miscellaneous provisions

(a) Authorization of appropriations

There are authorized to be appropriated $100,000 to carry out the

purposes of this chapter.

(b) Effect on land management plans

Nothing in this chapter shall require the amendment or revision of

any land management plan the preparation of which began prior to

November 18, 1988.

(c) Fund

Any money collected by the United States as permit fees for

collection and removal of cave resources; received by the United States

as a result of the forfeiture of a bond or other security by a permittee who does not comply with the requirements of such permit issued under section 4306 of this title; or collected by the United States by way of civil penalties or criminal fines for violations of this chapter shall be placed in a special fund in the Treasury. Such moneys shall be available for obligation or expenditure (to the extent provided for in advance in appropriation Acts) as determined by the Secretary for the improved management, benefit, repair, or restoration of significant caves located on Federal lands.

(d) Existing rights

Nothing in this chapter shall be deemed to affect the full operation of the mining and mineral leasing laws of the United States, or otherwise affect valid existing rights.

Sec. 4309. Savings provision

(a) Water

Nothing in this chapter shall be construed as authorizing the

appropriation of water by any Federal, State, or local agency, Indian

tribe, or any other entity or individual. Nor shall any provision of

this chapter--

(1) affect the rights or jurisdiction of the United States, the

States, Indian tribes, or other entities over waters of any river or

stream or over any ground water resource;

(2) alter, amend, repeal, interpret, modify, or be in conflict

with any interstate compact made by the States; or

(3) alter or establish the respective rights of States, the

United States, Indian tribes, or any person with respect to any

water or water-related right.

(b) Fish and wildlife

Nothing in this chapter shall be construed as affecting the

jurisdiction or responsibilities of the States with respect to fish and

wildlife.

Sec. 4310. Establishment of Cave Research Program

(a) Establishment

In order to provide for needed research relating to cave resources

on certain lands in the United States, the Secretary of the Interior,

acting through the Director of the National Park Service shall establish

and administer a Cave Research Program (hereinafter in this section

referred to as the ``Program''). The Program shall include the orderly

and scholarly collection, analysis, and dissemination of research

material related to caves in lands managed by the National Park Service

including, but not limited to, Carlsbad Caverns National Park and the

Capitan Reef area.

[[Page 2193]]

(b) Functions

The Program shall produce educational and interpretive information

and materials vital to public understanding of cave geology, assist

students and researchers, and provide for a comprehensive evaluation of

cave resources and measures needed for their protection.

(c) Emphasis

The program \1\ shall be directed primarily toward lands managed by

the National Park Service, but the Secretary of the Interior may enter

into cooperative agreements with other agencies or entities as may be

appropriate to carry out the purposes of this section.

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\1\ So in original. Probably should be capitalized.

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