The Federal Cave Resources Protection Act of 1988

be it enacted by the Senate and the House of Representatives of the United States of America in Congress Assembled

 

SECTION 2. 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 Act 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.

SECTION 4. MANAGEMENT ACTIONS

  1. REGULATIONS.-Not later than nine months after the date of the enactment of this Act, the Secretary shall issue such regulations as he deems necessary to achieve the purposes of the Act. 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 Act. These actions shall include (but not be limited to)-

    1. identification of significant caves on federal lands;

      2. (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. Cont'd…..

    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
      5.

(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 the enactment of this Act;
    2. foster communication, cooperation, and exchange of information between land managers, those who utilize caves, and the public.

 

SECTION 7. 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).
    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).
    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 subsection (b).
    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 the date of enactment of this Act.

(b) PUNISHMENT.-The punishment for violating any provision of subsection (a) shall be imprisonment of not more than one year or a fine in accordance with the applicable provisions of title 18 of the United States Code, 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 of the United States Code, or both.