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The Federal Cave Resources Protection Act of 1988 [16 U.S.C. 4301 - 4309]
BE IT ENACTED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SEC. 1 SHORT TITLE. This Act may be referred to as the "Federal
Cave Resources Protection Act of 1988."
SEC. 2. FINDINGS, PURPOSES, AND POLICY.
(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.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(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 Act (43 U.S.C. 1601 et
seq.).
(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. 4. MANAGEMENT ACTIONS.
(a) 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;
(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 the enactment of this Act;
(2) foster communication, cooperation, and exchange of information between
land managers, those who utilize caves, and the public.
Sec. 5. 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, United States Code, unless the Secretary determines that
disclosure of such information would further the purposes of this Act and
would not create a substantial risk of harm, theft, or destruction of such
cave.
(b) EXCEPTIONS.-Notwithstanding subsection (a), 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. 6. 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 this subsection only it
he determines that the proposed collection or removal activities are consistent
with the purposes of this Act 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 Act, 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 8 or upon the permittee's conviction
under section 7 of this Act. The Secretary may refuse to issue a permit
under this section to any person who has violated any provision of this
Act or who has failed to comply with any condition of a prior permit.
(c) TRANSFERABILITY OF PERMITS. Permits issued under this act 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 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 5.
(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 section7.
Sec. 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 title18 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.
Sec. 8. 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 Act, any regulation
promulgated pursuant to this Act, or any permit issued under this Act.
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), or
(2) if the order is appealed within such 30-day period, within10 days
after the court has entered a final judgment in favor of the Secretary
under subsection (b), 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,
attorneys' fees, and interest at currently prevailing rates from the date
the order was issued or the date of such final judgment, as the case maybe).
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 subpoena and impose sanctions.
Sec. 9. MISCELLANEOUS PROVISIONS.
(a) AUTHORIZATION.-There are authorized to be appropriated $100,000
to carry out the purposes of this Act.
(b) EFFECT ON LAND MANAGEMENT PLANS.-Nothing in this act shall require
the amendment or revision of any land management plan, the preparation
of which began prior to the enactment of this Act.
(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
7; or collected by the United States by way of civil penalties or criminal
fines for violations of this Act 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) Nothing in this act 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. 10. SAVINGS PROVISIONS.
(a) WATER.-Nothing in this Act 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 Act-
(1) affect the rights or jurisdiction of the United States, the States,
Indian tribes, or other entities over water of any river or stream or over
any groundwater 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 Act shall be construed as affecting
the jurisdiction or responsibilities of the States with respect to fish
and wildlife.
[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR290]
[Page 359-361]
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
PART 290--CAVE RESOURCES MANAGEMENT--Table of Contents
Sec.
290.1 Purpose and scope.
290.2 Definitions.
290.3 Nomination, evaluation, and designation of significant caves.
290.4 Confidentiality of cave location information.
290.5 Collection of information.
Authority: 16 U.S.C. 4301-4309; 102 Stat. 4546.
Source: 59 FR 31152, June 17, 1994, unless otherwise noted.
Sec. 290.1 Purpose and scope.
The rules of this part implement the requirements of the Federal
Cave Resources Protection Act (16 U.S.C. 4301-4309), hereafter referred
to as the "Act". The rules apply to cave management on National Forest
System lands. These rules, in conjunction with rules in part 261 of this
chapter, provide the basis for identifying and managing significant
caves on National Forest System lands in accordance with the Act.
National Forest System lands will be managed in a manner which, to the
extent practical, protects and maintains significant cave resources in
accordance with the policies outlined in the Forest Service Directive
System and the management direction contained in the individual forest
plans.
Sec. 290.2 Definitions.
For the purposes of this part, the terms listed in this section have
the following meaning:
Authorized officer means the Forest Service employee delegated the
authority to perform the duties described in this part.
Cave means any naturally occurring void, cavity, recess, or system
of interconnected passages beneath the surface of the earth or within a
cliff or ledge and which is large enough to permit a person to enter,
whether the entrance is excavated or naturally formed. Such term shall
include any natural pit, sinkhole, or other opening which is an
extension of a cave entrance or which is an integral part of the cave.
Cave resources mean any materials or substances occurring in caves
including, but not limited to, biotic, cultural, mineralogic,
paleontologic, geologic, and hydrologic resources.
National Forest System lands means all national forest lands
reserved or withdrawn from the public domain, acquired through purchase,
exchange, or donation, national grasslands and land utilization
projects, and other lands, waters, or interests administered by the
Forest Service.
Secretary means the Secretary of Agriculture.
Significant cave means a cave located on National Forest System
lands that has been determined to meet the criteria in Sec. 290.3 (c) or
(d) and has been designated in accordance with Sec. 290.3(e).
Sec. 290.3 Nomination, evaluation, and designation of significant
caves.
(a) Nominations for initial and subsequent listings. The authorized
officer will give governmental agencies and the public, including those
who utilize caves for scientific, educational, or recreational purposes,
the opportunity to nominate caves. The authorized officer shall give
public notice, including a notice published in the Federal Register,
calling for nominations for the initial listing and setting forth the
procedures for preparing and submitting the nominations. Nominations for
subsequent listings will be accepted from governmental agencies and the
public by the Forest Supervisor where the cave is located as new cave
discoveries are made. Caves nominated but not approved for designation
may be renominated as additional documentation or new information
becomes available.
(b) Evaluation for initial and subsequent listings. The evaluation
of the nominations for significant caves will be carried out in
consultation with individuals and organizations interested in the
management and use of caves and cave resources, within the limits
imposed by the confidentiality provisions of Sec. 290.4. Nominations
shall be evaluated using the criteria in Sec. 290.3 (c) and (d).
(c) Criteria for significant caves. A significant cave on National
Forest System lands shall possess one or more of the following features,
characteristics, or values.
[[Page 360]]
(1) Biota. The cave provides seasonal or yearlong habitat for
organisms or animals, or contains species or subspecies of flora or
fauna native to caves, or are sensitive to disturbance, or are found on
State or Federal sensitive, threatened, or endangered species lists.
(2) Cultural. The cave contains historic properties or archeological
resources (as defined in Parts 800.2 and 296.3 of this chapter
respectively, or in 16 U.S.C. 470, et seq.), or other features included
in or eligible for inclusion on the National Register of Historic Places
because of their research importance for history or prehistory,
historical associations, or other historical or traditional
significance.
(3) Geologic/Mineralogic/Paleontologic. The cave possesses one or
more of the following features:
(i) Geologic or mineralogic features that are fragile, represent
formation processes that are of scientific interest, or that are
otherwise useful for study.
(ii) Deposits of sediments or features useful for evaluating past
events.
(iii) Paleontologic resources with potential to contribute useful
educational or scientific information.
(4) Hydrologic. The cave is a part of a hydrologic system or
contains water which is important to humans, biota, or development of
cave resources.
(5) Recreational. The cave provides or could provide recreational
opportunities or scenic values.
(6) Educational or scientific. The cave offers opportunities for
educational or scientific use; or, the cave is virtually in a pristine
state, lacking evidence of contemporary human disturbance or impact; or,
the length, volume, total depth, pit depth, height, or similar
measurements are notable.
(d) Specially designated areas. All caves located within special
management areas, such as Special Geologic Areas, Research Natural
Areas, or National Monuments, that are designated wholly or in part due
to the cave resources found therein are determined to be significant.
(e) Designation and documentation. If the authorized officer
determines that a cave nominated and evaluated under paragraphs (a) and
(b) of this section meets one or more of the criteria in paragraph (c)
of this section, the authorized officer shall designate the cave as
significant. The authorized officer will notify the nominating party of
the results of the evaluation and designation. Each forest will retain
appropriate documentation for all significant caves located within its
administrative boundaries. At a minimum, this documentation shall
include a statement of finding signed and dated by the authorized
officer and the information used to make the determination. This
documentation will be retained as a permanent record in accordance with
the confidentiality provision in Sec. 290.4.
(f) Undiscovered passages. If a cave is determined to be
significant, its entire extent on federal land, including passages not
mapped or discovered at the time of the determination, is deemed
significant. This includes caves that extend from lands managed by any
other Federal agency into National Forest System lands, as well as caves
initially believed to be separate for which interconnecting passages are
discovered after significance is determined.
(g) Decision final. The decision to designate or not designate a
cave as significant is made at the sole discretion of the authorized
officer based upon the criteria in paragraphs (c) and (d) of this
section and is not subject to further administrative review of appeal
under Parts 217 or 251.82 of this chapter.
Sec. 290.4 Confidentiality of cave location information.
(a) Information disclosure. No Forest Service employee shall
disclose any information that could be used to determine the location of
a significant cave or a cave nominated for designation, unless the
authorized officer determines that disclosure will further the purposes
of the Act and will not create a substantial risk of harm, theft, or
destruction to cave resources.
(b) Requesting confidential information. Notwithstanding paragraph
(a) of this section, the authorized officer may make confidential cave
information available to Federal or State governmental agencies, bona
fide educational or research institutes, or individuals or
[[Page 361]]
organizations assisting the land management agencies with cave
management activities. To request confidential cave information, such
entities shall make a written request to the authorized officer which
includes the following:
(1) Name, address, and telephone number of the individual
responsible for the security of the information received;
(2) A legal description of the area for which the information is
sought;
(3) A statement of the purpose for which the information is sought;
and,
(4) Written assurances that the requesting party will maintain the
confidentiality of the information and protect the cave and its
resources.
(c) Decision final. The decision to permit or deny access to
confidential cave information is made at the sole discretion of the
authorized officer and is not subject to further administrative review
or appeal under 5 U.S.C. 552 or parts 217 or 251.82 of this chapter.
Sec. 290.5 Collection of information.
The collection of information contained in this rule represents new
information requirements as defined in 5 CFR part 1320, Controlling
Paperwork Burdens on the Public. In accordance with those rules and the
Paperwork Reduction Act of 1980 as amended (44 U.S.C. 3507), the Forest
Service has received approval by the Office of Management and Budget to
collect cave nomination information under clearance number 0596-0123 and
confidential information under 0596-0122. The information provided for
the cave nominations will be used to determine which caves will be
listed as "significant" and the information in the requests to obtain
confidential cave information will be used to decide whether to grant
access to this information. Response to the call for cave nominations is
voluntary. No action may be taken against a person for refusing to
supply the information requested. Response to the information
requirements for obtaining confidential cave information is required to
obtain a benefit in accordance with section 5 of the Federal Cave
Resources Protection Act of 1988 (16 U.S.C. 4304).
[Code of Federal Regulations]
[Title 43, Volume 1, Parts 1 to 199]
[Revised as of October 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR37]
[Page 519-522]
TITLE 43--PUBLIC LANDS: INTERIOR
PART 37--CAVE MANAGEMENT
Subpart A--Cave Management--General
Sec.
37.1 Purpose.
37.2 Policy.
37.3 Authority.
37.4 Definitions.
37.5 Collection of information.
Subpart B--Cave Designation
37.11 Nomination, evaluation, and designation of significant caves.
37.12 Confidentiality of cave location information.
Authority: 16 U.S.C. 4301-4309; 43 U.S.C. 1740.
[[Page 520]]
Source: 58 FR 51554, Oct. 1, 1993, unless otherwise noted.
Subpart A--Cave Management--General
Sec. 37.1 Purpose.
The purpose of this part is to provide the basis for identifying and
managing significant caves on Federal lands administered by the
Secretary of the Interior.
Sec. 37.2 Policy.
It is the policy of the Secretary that Federal lands be managed in a
manner which, to the extent practical, protects and maintains
significant caves and cave resources. The type and degree of protection
will be determined through the agency resource management planning
process with full public participation.
Sec. 37.3 Authority.
Section 4 of the Federal Cave Resources Protection Act of 1988 (102
Stat. 4546; 16 U.S.C. 4301) authorizes the Secretary to issue
regulations providing for the identification of significant caves.
Section 5 authorizes the Secretary to withhold information concerning
the location of significant caves under certain circumstances.
Sec. 37.4 Definitions.
(a) Authorized officer means the agency employee delegated the
authority to perform the duties described in this part.
(b) Cave means any naturally occurring void, cavity, recess, or
system of interconnected passages beneath the surface of the earth or
within a cliff or ledge, including any cave resource therein, and which
is large enough to permit a person to enter, whether the entrance is
excavated or naturally formed. Such term shall include any natural pit,
sinkhole, or other feature that is an extension of a cave entrance or
which is an integral part of the cave.
(c) Cave resources means any materials or substances occurring in
caves on Federal lands, including, but not limited to, biotic, cultural,
mineralogic, paleontologic, geologic, and hydrologic resources.
(d) Federal lands, as defined in the Federal Cave Resources
Protection Act, means lands the fee title to which is owned by the
United States and administered by the Secretary of the Interior.
(e) Secretary means the Secretary of the Interior.
(f) Significant cave means a cave located on Federal lands that has
been determined to meet the criteria in Sec. 37.11(c).
Sec. 37.5 Collection of information.
(a) The collections of information contained in this part have been
approved by the Office of Management and Budget under 44 U.S.C. 3501 et
seq. and assigned clearance numbers 1004-0165 (cave nominations) and
1004-0166 (confidential information). The information provided for the
cave nominations will be used to determine which caves will be listed as
"significant" and the information in the requests to obtain
confidential cave information will be used to decide whether to grant
access to this information. Response to the call for cave nominations is
voluntary. No action may be taken against a person for refusing to
supply the information requested. Response to the information
requirements for obtaining confidential cave information is required to
obtain a benefit in accordance with Section 5 of the Federal Cave
Resources Protection Act of 1988 (102 Stat. 4546; 16 U.S.C. 4301).
(b) The public reporting burden is estimated to average 3 hours per
response for the cave nomination and one-half hour per response for the
confidential cave information request. The estimated response time for
both of the information burdens includes time for reviewing
instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing the burden, to Bureau of Land Management Clearance Officer, WO-
873, Mail
[[Page 521]]
Stop 401 LS, 1849 C Street NW., Washington, DC 20240; and the Office of
Management and Budget, Paperwork Reduction Project 1004-0165/6,
Washington, D.C. 20503.
Subpart B--Cave Designation
Sec. 37.11 Nomination, evaluation, and designation of significant
caves.
(a) Nominations for initial and subsequent listings. The authorized
officer will give governmental agencies and the public, including those
who utilize caves for scientific, educational, and recreational
purposes, the opportunity to nominate potential significant caves. The
authorized officer will give public notice, including a notice published
in the Federal Register, calling for nominations for the initial
listing, including procedures for preparing and submitting the
nominations. Nominations for subsequent listings will be accepted from
governmental agencies and the public by the agency that manages the land
where the cave is located as new cave discoveries are made or as new
information becomes available. Nominations not approved for designation
during the listing process may be resubmitted if better documentation or
new information becomes available.
(b) Evaluation for initial and subsequent listings. The evaluation
of the nominations for significant caves will be carried out in
consultation with individuals and organizations interested in the
management and use of cave resources, within the limits imposed by the
confidentiality provisions of Sec. 37.12 of this part. Nominations will
be evaluated using the criteria in Sec. 37.11(c).
(c) Criteria for significant caves. A significant cave on Federal
lands shall possess one or more of the following features,
characteristics, or values.
(1) Biota. The cave provides seasonal or yearlong habitat for
organisms or animals, or contains species or subspecies of flora or
fauna that are native to caves, or are sensitive to disturbance, or are
found on State or Federal sensitive, threatened, or endangered species
lists.
(2) Cultural. The cave contains historic properties or
archaeological resources (as described in 36 CFR 60.4 and 43 CFR 7.3) or
other features that are included in or eligible for inclusion in the
National Register of Historic Places because of their research
importance for history or prehistory, historical associations, or other
historical or traditional significance.
(3) Geologic/Mineralogic/Paleontologic. The cave possesses one or
more of the following features:
(i) Geologic or mineralogic features that are fragile, or that
exhibit interesting formation processes, or that are otherwise useful
for study.
(ii) Deposits of sediments or features useful for evaluating past
events.
(iii) Paleontologic resources with potential to contribute useful
educational and scientific information.
(4) Hydrologic. The cave is a part of a hydrologic system or
contains water that is important to humans, biota, or development of
cave resources.
(5) Recreational. The cave provides or could provide recreational
opportunities or scenic values.
(6) Educational or Scientific. The cave offers opportunities for
educational or scientific use; or, the cave is virtually in a pristine
state, lacking evidence of contemporary human disturbance or impact; or,
the length, volume, total depth, pit depth, height, or similar
measurements are notable.
(d) National Park Service policy. The policy of the National Park
Service, pursuant to its Organic Act of 1916 (16 U.S.C. 1, et seq.) and
Management Policies (Chapter 4:20, Dec. 1988), is that all caves are
afforded protection and will be managed in compliance with approved
resource management plans. Accordingly, all caves on National Park
Service-administered lands are deemed to fall within the definition of
"significant cave."
(e) Special management areas. Within special management areas that
are designated wholly or in part due to cave resources found therein,
all caves within the so-designated special management area shall be
determined to be significant.
(f) Designation and documentation. If the authorized officer
determines that a cave nominated and evaluated under paragraphs (a) and
(b) of this section meets one or more of the criteria in paragraph (c),
the authorized officer
[[Page 522]]
will designate the cave as significant. The authorized officer will
designate all caves identified in paragraphs (d) and (e) of this section
to be significant. The authorized officer will notify the nominating
party of the results of the evaluation and designation. Each agency
Field Office will retain appropriate documentation for all significant
caves located within its administrative boundaries. At a minimum,
documentation shall include a statement of finding signed and dated by
the authorized officer, and the information used to make the
determination. This documentation will be retained as a permanent record
in accordance with the confidentiality provision in Sec. 37.12 of this
part.
(g) Decision final. Decisions to designate or not designate a cave
as significant are made at the sole discretion of the authorized officer
and are not subject to further administrative review or appeal under 43
CFR part 4.
(h) If a cave is determined to be significant, its entire extent,
including passages not mapped or discovered at the time of the
determination, is deemed significant. This includes caves that extend
from lands managed by any Federal agency into lands managed by one or
more other bureaus or agencies of the Department of the Interior, as
well as caves initially believed to be separate for which
interconnecting passages are discovered after significance is
determined.
Sec. 37.12 Confidentiality of cave location information.
(a) Information disclosure. No Department of the Interior employee
shall disclose information that could be used to determine the location
of any significant cave or cave under consideration for determination,
unless the authorized officer determines that disclosure will further
the purposes of the Act and will not create a substantial risk to cave
resources of harm, theft, or destruction.
(b) Requesting confidential information. Notwithstanding paragraph
(a) of this section, the authorized officer may make confidential cave
information available to a Federal or State governmental agency, bona
fide educational or research institute, or individual or organization
assisting the land managing agency with cave management activities. To
request confidential cave information, such entities shall make a
written request to the authorized officer that includes the following:
(1) Name, address, and telephone number of the individual
responsible for the security of the information received.
(2) A legal description of the area for which the information is
sought.
(3) A statement of the purpose for which the information is sought,
and
(4) Written assurances that the requesting party will maintain the
confidentiality of the information and protect the cave and its
resources.
(c) Decision final. Decisions to permit or deny access to
confidential cave information are made at the sole discretion of the
authorized officer and are not subject to further administrative review
or appeal under 5 U.S.C. 552 or 43 CFR parts 2 or 4.
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