Cave Conservationist
The Newsletter of Cave Conservation and Management
Volume 13 No. 1 February 1, 1994
Published by the NSS Section on Cave Conservation and Management
The Cave Conservationist is the official publication of the Conservation and
Management Section of the National Speleological Society. Distribution is free to members
of the Section. Section membership costs $5 annually and should be mailed to the
Secretary. (A membership form for your convenience is included on page 23.) Additional
complimentary copies are distributed on a temporary basis at the discretion of the Section
to NSS members, internal organizations, cave owners, and others involved in cave
conservation projects. Opinions expressed are not necessarily those of the either the
Section or the NSS and should be attributed to the author or, in the case of uncredited
articles, to the Editor.
POSTMASTER: Send address changes to Evelyn Bradshaw, 10826 Leavells Road,
Fredericksburg, VA 22407-1261.
SUBMISSIONS: Articles and other Cave Conservationist correspondence should be
sent to the Editor. Submissions on computer disks should be made with 3.5" or
5.25" IBM compatible diskettes, Microsoft Word, Word Perfect 5.0, or Wordstar 3.3
compatibility, or straight ASCII format is preferred. Do not format materials for multiple
columns! Diskettes will not be returned unless requested. Arrangements may be made for
transmission via modem; call or write the publisher for details. Or send an E-Mail
message, or your article, to the Publisher via Compuserve to 71267,1065 or Prodigy to
BBTH90A. Note: if you send diskettes or articles to the Publisher, be sure to notify the
Editor that you have done so, and send him a hard copy.
Copyright 1995 NSS Conservation and Management Section, except as noted. Internal
organizations of the National Speleological Society may reprint any item first appearing
in the Cave Conservationist so long as proper credit is given and a copy of the
newsletter containing the material is mailed to the Editor. Other organizations should
contact the Editor.
Printed by members of the D.C. Grotto and the Potomac Speleological Society.
Cover illustration is by Linda Heslop.
NATIONAL SPELEOLOGICAL SOCIETY
Conservation & Management Section
Officers
Chairman and Publisher: Rob Stitt
1417 9th Ave. West
Seattle, WA 98119
(206) 283-2283
Editor and Vice-Chairman: Jay R.
Jorden,
1518 Devon Circle
Dallas, TX 78217-1205
Secretary-Treasurer: Evelyn Bradshaw,
10826 Leavells Road
Fredericksburg, VA 22407-1261
(703)898-9288
Directors at Large: Mel Park
George N. Huppert
Finally, only five years late, some of the regulations implementing the Federal Cave
Resource Protection Act of 1988 have been released, published in the Federal Register, and
should have gone into effect. It took almost as long (perhaps longer) to get the
regulations drafted and issued as it did to get the FCRPA passed in the first place. The
ordeal has gone on much longer than the framers of the FRCPA ever envisioned, since the
Act allows nine months for a process that ultimately took almost six years.
In this and future issues we feature a compendium of information that should be useful
to cavers and cave conservationists who are dealing with these regulations and the
agencies that drafted them. In this issue we focus on agencies affiliated with the
Department of the Interior. Included are copies of the FRCPA itself, the Dept. of Interior
Regulations, a list of units of the National Park System known to contain caves, and
copies of Memoranda of Agreement between the NSS and various federal agencies and other
organizations.
In a future issue, (after they are released) we will include the Forest Service
regulations, as well as information about privately owned caves and some more news briefs,
and an article on the effects of carbide, taken with permission from the Internet.
PUBLIC LAW 100-691-November 18, 1988
An Act to protect cave resources and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled,
This Act may be referred to as the "Federal Cave Resources Protection Act of
1988".
For purposes of this Act:
(1) CAVE- The term "cave" means any naturally occurring void, cavity, recess,
or system of interconnected passages which occur 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 Alaskan Native village or
regional or village corporation as defined in, or established pursuant to, the Alaska
Native Claims Settlement Act (43 U.S.C. 160 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 wall,
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 this 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. 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 the
enactment of this Act; and
(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 522 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 considerations as the Secretary may impose,
including the posting of bonds to assure 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 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 resources, or to carrying out
activities associated with such collection or removal, from any cave resources 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 or
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 7.
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 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.
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, or 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, within 10 days after 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, 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. 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 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 Act shall be construed as affecting the
jurisdiction or responsibilities of the States with respect to fish and wildlife.
Approved 18 November, 1988.
PUBLIC LAW 100-691 - November 18, 1988
Part 37, Subtitle A, Title 43, Code of Federal Regulations*
Effective Date: November 1, 1993
SUMMARY: This final rule implements the Federal Cave Resources Protection Act of
1988, which requires the identification, protection, and maintenance, to the extent
practical, of significant caves on lands administered by the Department of the Interior.
The final rule establishes criteria to be considered in the identification of significant
caves. It also integrates cave management into existing planning and management processes
and protects cave resource information to prevent vandalism and disturbance of significant
caves. Primary impact lies with lands administered by the Bureau of Indian Affairs, the
Bureau of Land Management, the Bureau of Reclamation, the National Park Service, and the
U.S. Fish and Wildlife Service.
PART 37 CAVE MANAGEMENT
Subpart A Cave Management General
Sec.
37.1 Purpose.
37.2 Policy.
37.3 Authority.
37.4 Definitions.
37.5 Information collection.
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.
Subpart A- Cave Management- General
§ 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.
§ 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.
§ 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.
§ 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.
(b) 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 § 37.11(c).
§ 37.3 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 Stop 401 LS, 1849 C Street NW, Washington, DC 20240; and the Office
of Management and Budget, Paperwork Reduction Project 1004-0165/6, Washington, DC 20503.
Subpart B- Cave Designation
§ 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 § 37.12 of this part. Nominations
will be evaluated using the criteria in § 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 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 meet one or more
of the criteria in paragraph (c), the authorized officer 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 authorizing 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 § 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 tine 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.
§ 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 the
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.
Bob Armstrong
Assistant Secretary of the Interior
July 23, 1993
____________________
- Reference: Federal Register, Vol. 58, No. 189, October 1, 1993, pp. 51550-51555.
Editorial Notes: Some key aspects of the significant cave determination process
include provisions that:
n Each land management unit will have a single, designated officer to process
nominations.
n Anyone can submit nominations.
n Evaluations will be carried out in consultation with knowledgeable representatives of
the caving community.
n Caves can be selected based on any of several criteria, including recreational value.
n Denied cave nominations can be resubmitted if new information or more documentation
is provided.
n Locations will be kept confidential.
Compiled by Ronal Kerbo 04/20/93.
-------------------------
Acadia National Park
PO Box 177
Bar Harbor, ME 04609
Sea caves
Amistad Recreation Area
PO Box 420367
Del Rio, TX 78842
Aniakchak National Monument and Preserve
PO Box 7
King Salmon, AK 99613
Lava tubes
Bering Land Bridge National Preserve
PO Box 220
Nome, AK 99762
Lava tubes
Big Bend National Park, TX 79834
Big South Fork National River and Recreation Area
PO Drawer 630
Oneida, TN 37834
Bighorn Canyon National Recreation Area
Box 458
Fort Smith, MT 59035
Buffalo National River
Box 1173
Harrison, AR 72602-1173
Fitton Cave
tel 501-741-5443 ext 117 for cave info
Carlsbad Caverns National Park
3225 National Parks Highway
Carlsbad, NM 88220
Channel Islands National Park
1901 Spinnaker Drive
Ventura, CA 93001
Sea caves
Chesapeake and Ohio Canal National Historical Park
PO Box 4
Sharpsburg, MD 21782
Chickamauga and Chattanooga National Military Park
PO Box 212-B
Ft. Oglethorpe, GA 30742
Colonial National Historical Park
PO Box 210
Yorktown, VA 23690
Coronado National Memorial
Rural Route 2, Box 126
Hereford, AZ 85615
Craters of the Moon National Monument
PO Box 29
Arco, ID 83213
Lava tubes
Cumberland Gap National Historical Park
PO Box 1848
Middlesboro, KY 40965-1848
Death Valley National Monument
Death Valley, CA 92328
El Malpais National Monument
PO Box 939
Grants, NM 87020
Lava tubes
Everglades National Park
PO Box 279
Homestead, FL 33030
Heavily karstified area
Glacier National Park
West Glacier, MT 59936
Grand Canyon National Park
Box 129
Grand Canyon, AZ 86023
Grand Teton National Park
PO Box 170
Moose, WY 83012
Grand Basin National Park
Baker, WY 89311
Great Smoky Mountains National Park
Gatlinburg, TN 37738
Guadalupe Mountains National Park
HC 60, Box 400
Salt Flat, TX 79847
Hawaii Volcanoes National Park
Hawaii National Park, HI 96718
Lava Tubes
Jewel Cave National Monument
RR 1, Box 60AA
Custer, SD 57730
Kaloko-Honokohau National Historical Park
c/o Pu'uhonua o Honaunau National Historical Park
PO Box 128
Honaunau, Kona, HI 96726
Lava tubes
Kings Canyon National Park
c/o Sequioa and Kings Canyon National Parks
Three Rivers, CA 93271
Lake Mead National Recreation Area
601 Nevada Highway
Boulder City, NV 89005-2426
Lassen Volcanic National Park
Mineral, CA 96063
Lava tubes
Lava Beds National Monument
PO Box 867
Tulelake, CA 96134
Lava tubes
Mammoth Cave National Park
PO Box 28
Mammoth Cave, KY 42259
Mount Rainier National Park
Tahoma Woods, Star Route
Ashford, WA 98304
Lava tubes, ice caves
North Cascades National Park
2105 Highway 20
Sedro Woolley, WA 98284
Olympic National Park
600 East Park Avenue
Port Angeles, WA 98362
Oregon Caves National Monument
19000 Caves Highway
Cave Junction, OR 97523
Ozark National Scenic Riverways
PO Box 490
Van Buren, MO 63965
Pinnacles National Monument
Paicines, CA 95043
Talus caves
Pu'uhonua o Honaunau National Historical Park
PO Box 128
Honaunau, Kona, HI 96726
Rocky Mountain National Park
Estes Park, CO 80517
Russell Cave National Monument
Route 1, Box 175
Bridgeport, AL 35740
Saint Croix National Scenic Riverway
PO Box 708
Saint Croix Falls, WI 54024
Sequoia National Park
Three Rivers, CA 93271
Shenandoah National Park
Route 4, Box 292
Luray, VA 22835
Sunset Crater National Monument
c/o Wupatki National Monument
2717 N Steve's Blvd, Suite 3
Flagstaff, AZ 86001
Lava tubes
Theodore Roosevelt National Park
PO Box 7
Medora, ND 58645
Timpanogos Cave National Monument
Rural Route 3, Box 200
American Fork, UT 84003
Valley Forge National Historical Park
PO Box 953
Valley Forge, PA 19481
War in the Pacific National Historical Park
PO Box FA
Agana, GU 96910
Wilson's Creek National Battlefield
Route 2, Box 75
Republic, MO 65738
Wind Cave National Park
Hot Springs, SD 57747
Wrangell-St. Elias National Park and Preserve
PO Box 29
Glennallen, AK 99588
Wupatki National Monument
2717 N. Steve's Blvd, Suite 3
Flagstaff, AZ 86001
Tectonic caves (earth cracks)
Yellowstone National Park
PO Box 168
Yellowstone National Park, WY 82190
Yukon-Charley Rivers National Preserve
PO Box 167
Eagle, AK 99738
from staff reports
CARLSBAD, N.M.-Overall attendance at Carlsbad Caverns National Park decreased by
about one-half of one percent because of three bomb threats last year. A park
service official says 687,161 visitors were counted at the park in 1993. That
compares with 688,742 the previous year, said Bob Crisman, a caverns spokesman.
Carlsbad Cavern remained the most popular attraction, he said. A total of
550,421 people visited the best known of the park's 81 caves, compared to 549,073 in 1992,
said Crisman.
Without the three threats, attendance at the park would have been higher, according to
the National Park Service. Crisman said the incidents in July, November and
December were all hoaxes. No one was injured.
*******
TAHLEQUAH, Okla.-Cavers have helped give some bats at Northeastern State
University a new lease on life. The Tulsa Grotto rescued 300 bats from the tower
attic at the university's Seminary Hall.
A remodeling project beginning in January forced relocation of the bats. They
were taken to Missouri caves to establish colonies. A Northeastern employee who
explores caves as a hobby had heard about the renovation and began to find a way to
protect the bats.
Cavers wore pigskin gloves as they caught the sleeping bats by hand, put them in cages
and readied them for their journey. Removing the bats was tricky because they had
squeezed into crevices in the attic, said Bill Howard, grotto president.
"A month ago, they were more in the open but they are getting ready for
hibernation now," he said. "They don't want to come out. They're
getting an attitude problem."
*******
CARLSBAD, N.M.-Expeditions into Lechuguilla have extended the deepest U.S. cave
almost four miles longer than reported earlier. A statement from Carlsbad Caverns
National Park this month puts the mapped length of Lechuguilla at 69.2 miles, up from 65.3
miles last August.
The cave, at 1,593 feet deep, is the record holder among U.S. caves. Park
spokesman Bob Crisman said the cave remains the eighth longest in the world and fourth
lengthiest in the United States.
Last year, six mapping expeditions by the Lechuguilla Exploration and Research Network
and five others netted some 10 miles of new passages and rooms.
Key finds for 1993, the park said, included Neverland, Needle Park Maze and the Blanca
Navida Room, which is 300 feet long, 50 feet wide and 50 feet high.
Park Superintendent Frank Deckert said that in the Blanca Navida Room, rock formations
are growing in pools. Deckert said other extensions were found in Lechuguilla's
North Rift, Western Borehole and Far East.
Last year, much of the exploration moved closer to the park boundary and a new federal
cave protection zone. Congress in 1993 created the zone to protect Lechuguilla from
oil and gas drilling.
BLM
Manager Receives Stewardship Award
from staff reports
Lander, Wyo.-Jim Goodbar, outdoor recreation planner and cave specialist for the
U.S. Bureau of Land Management's Carlsbad Resource Area, New Mexico, has been named the
recipient of the 1993 NOLS Stewardship Award, presented by the National Outdoor Leadership
School (NOLS). NOLS is recognized as a leader in wilderness education.
The annual NOLS Stewardship Award recognizes land managers who have exhibited
exceptional stewardship of the wildlands entrusted to their care. The award was
presented at the dedication of the school's new Pacific Northwest branch headquarters on
Oct. 9, 1993 in Conway, Wash.
According to Goodbar's award nomination, "Jim is a national model for using
education to protect resources, both as a Bureau of Land Management manager and as an
active citizen and recreationist."
"I was impressed by his knowledge of the magnificent underground resource that he
manages as well as his enthusiasm for sharing his knowledge and experience with
others," said Wilford Welch, chairman of the NOLS board of trustees.
Goodbar, NSS 9715RL, qualifies as an exemplary manner for this award, NOLS said in a
prepared statement. The nomination highlights his on-the-job and
"extracurricular" accomplishments: significant contributions to the BLM Cave
Management Manual, the Federal Cave Resources Protection Act, and many national cave
management symposia; active involvement with the National Speleological Society, including
past participation as a director of the society and chair of the cave management
committee; cave exploration with a select group of renowned cavers in the first U.S.-Sino
caving expedition in China; commitment to education as a management tool as evidenced by
his "provocative, humorous and thoughtful" talks to NOLS students; and passion
for the underground wilderness itself, exemplified by his devotion to caving an
conservation of the delicate cave resource.
Goodbar began his caving career at the age of nine. His parents were cavers in
Central Texas, where he was born and raised. With a bachelor's degree in park and
recreation management from Texas A&M, Goodbar joined the BLM in 1977. He took
two years off to attend graduate school in cave and karst studies at Western Kentucky
University, after which he returned to the BLM's Carlsbad Resource Area. His
passion for caving has led him to caves throughout the world, including expeditions to
Asia, Europe and Mexico.
In addition to his duties as a cave specialist with the BLM, Goodbar is a cave search
and rescue expert. He was co-incident coordinator for the dramatic rescue of a
caver with a broken leg from Lechuguilla Cave in Carlsbad Caverns National Park in April
1991. This rescue drew national attention as it took days to carefully retrieve the
injured woman from the depths of that world-class cave.
Founded in 1965 by mountaineer and educator Paul Petzoldt who saw a need for
"methods of using, while preserving, our wilderness," NOLS is now a recognized
leader in wilderness education. As a private non-profit school, NOLS operates
wilderness field expeditions during which students are taught wilderness skills and
safety, practical conservation and the fundamentals of outdoor leadership. The
school's alumni total over 30,000 graduates worldwide. NOLS' international
headquarters is in Lander, Wyoming, and the school runs 14- to 95-day courses from seven
branches: Rocky Mountain, Pacific Northwest, Southwest, Alaska, Baja Mexico, Patagonia
(Chile) and Kenya.
Current NOLS wilderness education courses range from glacier mountaineering in Alaska
to sea kayaking in Patagonia, South America. Caving is taught by NOLS in areas that
range from Wind Cave National Park in South Dakota to caves in New Mexico found in the
BLM's Carlsbad Resource Area.
June 11, 1984
I. Introduction
Growing public awareness of the existence of cave resources on public lands
administered by the Bureau of Land Management (BLM), combined with better access, more
leisure time, and the desire for an unusual recreational experience or hobby, has
contributed to increased use of these cave resources. Together with increased
development and utilization of other public land resources, this has generated the need
for better management of unique, nonrenewable cave resources.
In the past, BLM has relied on volunteer assistance from members of organizations
interested in caving, primarily members of the National Speleological Society (NSS) and
the Cave Research Foundation (CRF), to provide manpower and expertise needed to protect
and manage cave resources. Continued or improved management of public land cave
resources makes this type of volunteer assistance essential. In recognition of
shared concerns and the benefits of cooperation, the BLM and the NSS developed this
Memorandum of Understanding (MOU) with which the Cave Research Foundation concurs.
II. Purpose
The purpose of the MOU is to (1) recognize the participatory management contributions
of the NSS and the CRF on behalf of cave resources on public lands which BLM administers,
(2) encourage the continued or increased participation of the NSS and the CRF in the
management of these resources, and (3) establish procedures for the development of
cooperative management and volunteer agreements between the BLM and the NSS organizations
or the CRF. These types of agreements provide official recognition and benefits to
cooperators and volunteers and encourage these organizations to make a greater commitment
in aiding BLM's management of unique, nonrenewable cave resources on public lands.
III. Authority
This MOU has been developed under authority provided to BLM under the Federal Land
Policy and Management Act of 1976, Section 102.(a)(8).
IV. Responsibilities and Procedures
A. Whereas Cooperative Management Agreements (CMA's) are designed to provide the public
with greater opportunities to become involved in management of natural resources on the
public lands, the BLM, the NSS, and the CRF mutually agree to develop resourcespecific
CMA's and volunteer agreements wherever these will lend to the improved management of cave
resources on the public lands.
B. Development of these specific CMA's and volunteer agreements shall be the
responsibility of specific BLM Districts and Resource Areas and the NSS organizations or
the CRF.
C. The BLM, The NSS, and the CRF also mutually agree that before a CMA is developed, the
authorized officers or representatives from all organizations involved must make the
determination that the following conditions are met:
1. The cooperating organizations must have the interest, capability, and resources
needed to complete the proposed tasks or projects.
2. The actions proposed in the CMA must be consistent with BLM's management decisions in
land use and activity plans, and all parties must be in agreement on the general
management direction for the resource involved.
3. There must be adequate BLM funding and manpower available to monitor and supervise
activities included in the CMA.
4. The cooperating organizations recognize that a CMA cannot be used to grant any
organization the exclusive right to any cave(s).
D. The BLM will keep the cooperating organizations informed and will consult with them
when proposed management decisions or actions will impact activities governed by the CMA.
E. The CMA's developed between the BLM and the NSS or the CRF will utilize the
guidelines provided in this MOU. Elements 1 to 5 are required (See BLM Manual
1786), but elements 6 to 9 are optional and may be used if they are warranted by the
project and agreeable to the participating parties.
1. Tenure of Agreement The tenure of the CMA should provide adequate time for project
completion. Typically, a CMA is in effect for one to five years, but it may not
exceed five years. The CMA can continue for the agreed length of time as long as
requisite funding remains available.
2. Areas of Responsibility The CMA will describe the actions required of the cooperating
organization(s) and the BLM. This includes details on personnel requirements,
desired products, and required reports. Examples of actions a CMA could cover
include the following:
a. Development of cave management plans;
b. Inventory of cave locations and cave resources;
c. Installation and maintenance of cave gates and signs;
d. Monitoring of visitor use to check if in compliance with management objectives;
e. Conducting information and education programs;
f. Providing surveying and cartographic assistance;
g. Providing administrative support for cave resource programs;
h. Completing cave cleanup and restoration projects; and
i. Conducting research on caves and cave resources.
3. Financial Responsibility The CMA must address any reimbursement of expenses. Limitations
on the financial obligations of all involved organizations, whether because of law,
appropriations, etc., must be recognized and stated.
4. Administrative Actions Provisions on administering the CMA must address arbitration
of disputes and amending or termination the CMA.
5. Provisions for Compliance The CMA must specify terms of supervision, how work is to
be monitored, and what standards will be used in evaluating compliance.
6. Provisions for Safety The CMA should include a safety plan that specifies standards
for equipment, experience, and rescue procedures when the project exposes participants to
serious risks or hazards.
7. Proprietary Information The CMA must specify ownership of any inventory or other
types of information generated through work or research done under the CMA. Information
ownership falls into two categories: (1) information belonging to BLM which is available
as public information, and (2) information belonging to cooperating organizations which
will be made available to BLM to aid its management decision making but which will be
treated by BLM as proprietary information to the full extent the law allows.
8. Volunteer Contracts Volunteer agreements, formulated in accordance with BLM Manual
Section 1114, are to be used when the authorized officer for the BLM determines that
cooperating personnel need to be (a) protected under the Tort Claims Act, (b) subject to
Workman's Compensation, (c) identified as responsible for completing specific tasks or
projects, (d) reimbursed for expenses incidental to volunteer work, or (e) assigned to
complete administrative functions for BLM.
9. Cooperative Associations If the cooperating organization desires to derive revenue
from the sale of brochures, pamphlets, books, or other publications that could originate
from work done under the CMA a cooperating association agreement (See BLM Instruction
Memorandum 81707) should be developed as a part of the CMA.
V. Signatures
The agreements and conditions outlined in the MOU become effective upon signature by
representatives from each organization. This MOU can be changed at any time with
regard to either the NSS or the CRF, by mutual agreement of the organizations involved.
/s/
Director, Bureau of Land Management
/s/ Paul J. Stevens
President, National Speleological Society
/s/ Sarah Bishop
President, Cave Research Foundation
April 4, 1992
I. Introduction
Increased public awareness of the values inherent in nonrenewable cave resources, and
the concern that those resources be managed and protected for the enjoyment and use of
future generations, have encouraged a greater degree of management consideration for those
naturally occurring caves located on National Wildlife Refuge System Lands (Refuges) under
the jurisdiction of the U.S. Fish and Wildlife Service (Service). The manpower and
expertise needed to inventory, protect, and assist with the management of cave resources
can in part be made available by volunteers who are members of organizations like the
National Speleological Society (Society).
Continued or improved management of refuge cave resources can be accomplished with
volunteer assistance. In recognition of shared concerns and the benefits of
cooperation, the Service and the Society have developed this Memorandum of Understanding
(Memorandum) to encourage cooperation between the Service and the Society.
II. Purposes
The purposes of this Memorandum are to (1) recognize the contributions which Society
volunteers can provide on behalf of cave resources on refuge lands which the Service
administers, (2) encourage the participation of the Society in the preservation of these
resources, and (3) establish guidelines for the development of Volunteer Services
Agreements (Agreement) between the Service's refuge officers and the Society's volunteers.
III. Authority
This Memorandum has been developed under authority provided to the Service by the Fish
and Wildlife Coordination Act, 16 U.S.C. §661, and the Fish and Wildlife Act of 1956, 16
U.S.C. §742f, as amended by the Fish and Wildlife Improvement Act of 1978 (Pub. L.
95-616).
IV. Terms of Agreement
A. The Service and the Society mutually agree to develop Agreements, where appropriate,
when these will lead to the improved management of cave resources on refuge lands.
B. Development of Agreements shall be the responsibility of individual refuge offices
working in cooperation with Society volunteers. Agreements will be formulated in
accordance with Service Administrative Manual, 22 AM 27, (Attachment A, revised 1/6/86).
The mandatory use of these Agreements assures that volunteers are: (a) protected under
the Federal Tort Claims Act, (b) subject to Workman's Compensation, (c) identified as
responsible for completing specific tasks or projects, and (d) authorized for
reimbursement of expenses incidental to volunteer work. Any revisions or amendments
to or termination of an Agreement shall be documented in writing and appended to the
Agreement.
C. The Service and the Society also agree that, before an Agreement is developed, the
refuge manager and the Society's volunteer will make the determination that the following
conditions are met:
1. That both have the interest, capability, and resources needed to monitor, supervise,
and complete the proposed tasks or projects.
2. That the actions proposed in the Agreement are consistent with Service policy and
management plans. As required by the National Wildlife Refuge System Administration
Act, 16 U.S.C. §668dd, the Service shall retain primary jurisdiction and responsibility
for the management of these lands as part of the National Wildlife Refuge System.
3. That both recognize that an Agreement cannot be used to grant Society volunteers
preferential treatment or exclusive rights to use any cave(s).
D. The refuge manager will keep the volunteer informed when proposed management
decisions or actions may impact activities covered by the Agreement.
E. Financial Responsibility- The Agreement must specify any financial obligations and
limitations that may be imposed on the involved organizations. Nothing in this
Memorandum or in any agreement shall be construed as obligating the Service to enter into
any contracts or other obligations involving the expenditure of funds, or future payment
of money, in excess of appropriations authorized.
G. Proprietary Information- Information generated through work or research done under an
Agreement and provided to the refuge manager becomes public information.
V. Areas of Responsibility
An agreement developed between a Service refuge office and Society volunteer will
utilize the guidelines provided in this Memorandum. The following elements shall be
addressed and included as attachments to the standard Agreement form (Attachment A). The
Agreement form will have a sentence under the "Special Provisions" section which
references the addressing of these elements (see Attachment A).
A. Society (Volunteer) Responsibilities
1. Ensure that no actions will be taken by the volunteer working under the Agreement
which will expose anyone to serious risks or hazards.
2. Ensure that the volunteer involved in projects covered by the Agreement is
appropriately qualified, trained, and has the skills needed to accomplish tasks and
projects in a safe and responsible manner.
3. Report all accidents, injuries, and property damage to the appropriate refuge
personnel by phone or in person as soon as possible after the incident. A written
Service DI-134 form will be completed within 5 days of an incident.
4. Notify the refuge manager in charge of a cave at least 7 days in advance of any
approved work being initiated under the Agreement.
5. Provide personal equipment except when provided by the refuge through an Agreement.
Volunteers are responsible for loss or damage to Service equipment other than for that
caused by normal wear and tear or unavoidable circumstances.
6. Develop a safety plan that specifies standards for equipment, experience and rescue
procedures.
B. Service (Refuge) Responsibilities
1. Ensure that the volunteer observes all appropriate provisions of applicable
legislation such as the Endangered species Act, the National Historical Preservation Act,
the Archaeological Resources Protection Act, and the National Wildlife Refuge System
Administration Act.
2. Ensure that a safety plan is developed which specifies standards for equipment,
experience, and rescue procedures.
3. Supply, when possible, any necessary information and materials such as gate lock
combinations, previous research and inventory results, slides, photographs, or maps for
presentation or photocopying. The Service may also provide equipment and supplies
or access to data needed for specific projects, as determined by the Service.
4. Provide personnel to the extent possible for such activities as project coordination,
support and supervision.
5. Allow, where appropriate, the volunteer to provide technical input for consideration
by the Service during its planning efforts and development of informational materials
concerning cave resources.
6. Provide work space in offices, when available and necessary, for a volunteer working
under an Agreement.
7. Reimburse, as appropriate, a volunteer for incidental expenses when set forth by
prior mutual consent in an Agreement.
VI. Activities Covered by a Volunteer Services Agreement
A. This Memorandum authorizes a Society volunteer to become involved, where approved, in
cave management activities, such as the following. Specific activities shall be
addressed in and included as attachments to the standard Agreement form.
1. Cave Monitoring- Cave monitoring involves such activities as establishing photo
points, maintaining photo files, monitoring visitor use, and periodically changing locks
on cave gates. Cave monitoring may also involve the installation and maintenance of
cave registers and forwarding filled pages or copies to the refuge manager.
2. Cave Inventory- A volunteer may assist, as appropriate, the Service in conducting
inventories of caves and their contents. Types of inventories can include cave
flora and fauna, archaeological or paleontological items, rare or delicate speleothems,
and hazards to explorers.
3. Exploration- A volunteer may conduct, as appropriate, exploration in known caves as
well as assist in locating new caves on refuge lands. A report by the volunteer
will be given to the refuge manager on any passage or cave discovered, with details and
locations of significant cave resources found. Any artifacts or remains found must
be left undisturbed.
4. Surveying- A volunteer may conduct survey work, as appropriate, in known or newly
discovered passages. The volunteer will supply the refuge manager with a copy of
any map produced as a result of such survey work.
5. Cave Cleanup- Cleanup projects may be conducted as approved and needed in caves
specified by the refuge manager. This may include trash removal, dismantling
unnecessary rock cairns or flagging tape, and removal of modern graffiti.
6. Cave Conservation and Education- Upon approval, a volunteer may assist the refuge
staff in performing conservation activities such as installing, repairing or removing cave
gates, cave restoration projects, and training new cavers to be conservation-minded.
7. Interpretation- A volunteer may assist the refuge staff or give programs
independently to local civic or social groups on subjects such as cave exploration,
conservation, bats and geology. The volunteer may also assist the refuge staff in
developing environmental education programs (exhibits, brochures, slide shows, etc.).
8. Research- A volunteer may conduct scientific research in refuge caves, through an
Agreement and in a manner consistent with Service policies and guidance. A copy of
any findings, report(s), and/or publications resulting from such research must be
forwarded to the refuge manager.
B. Improvements
All improvements constructed under an Agreement will be the property of the United
States.
VII. The Service and Society will each appoint a national liaison to channel
communications between them.
VIII. Modification and Termination
The agreements and conditions outlined in this Memorandum become effective upon
signature by representatives from the Service and the Society. This Memorandum can
be changed at any time by mutual agreement of the parties and may be terminated by either
party upon 30 day's written notice.
/s/ Director, Fish and Wildlife Service
April 4, 1992
/s/ President, National Speleological Society April 4, 1992
December 2, 1993
Article I. Background and Objectives.
Whereas the Act of August 25, 1916, 39 Stat. 535, as amended, declares that the
National Park Service (hereinafter, the "Service") is responsible for
"promoting and regulating the use of the national parks so as to conserve the scenery
and natural and historic objects and the wild life therein and to provide for the
enjoyment of the same in a manner and by such means as will leave them unimpaired for the
enjoyment of future generations."
Whereas, it is the policy of the Service to encourage scientific research and
interpretation, for the public, of natural features and processes in areas under its
administration; and
Whereas, it is the purpose of the National Speleological Society (hereinafter, the
"NSS") to promote interest in and to advance in any and all ways the study and
science of speleology and the protection of caves and their natural contents; therefore
This Memorandum of Understanding is for the purpose of encouraging future participation
by members of the NSS (pursuant to the Federal Cave Resources Protection Act of 2988), its
Internal Organizations (IOs), including its local chapters ("Grottos") in the
inventory, scientific study, management, planning, and protection of caves and cave
resources located on lands administered by the Service.
Article II. Statement of Work.
1. It is mutually agreed that the Service and the NSS will cooperate in conducting
studies and other cave related projects within the National Park System. These
projects may include but are not limited to cave exploration, restoration, administration
assistance, interpretation, mapping, and the development of cave management documents. The
Service will develop project and site-specific Operating Procedures (e.g., special use
permits) with NSS IOs and local NSS Grottos. The Service recognizes the independent
nature of the NSS IOs and will not hold the NSS responsible for an IO's non-participation,
lack of compliance, or other actions taken under any specific Operating Procedures. The
Service may use the results of NSS studies and projects in its development and application
of cave management practices and procedures and in its interpretation of the natural and
historic features of the National Park System for the public.
2. The NSS agrees to provide to the designated Service managers reports on its work and
other activities in the parks and any other information acquired from its activities on
lands administered by the Service that the Service considers helpful in the preservation,
management, or interpretation of caves and karst.
3. The permission granted herein to the NSS, its IOs, and Grottos to conduct
exploration, studies, projects, and cartography or interpret caves or karst features on
lands administered by the Service is nonexclusive. The Service reserves the right
to permit any person or organization which it deems qualified to conduct projects or
studies on or assist in developing interpretive materials for caves or other karst
features within and lands it administers.
4. The NSS agrees that the United States shall not be responsible for personal injuries,
death, and/or property damage or loss sustained by third persons (including the public) or
by NSS personnel working on or under any lands administered by the Service pursuant to
this agreement that is caused by or results from any acts or omissions of the NSS, its
employees or agents, and the NSS agrees to save and hold the United States harmless from
liability, and to indemnify the United States therefor. Nothing herein shall
restrict the rights of the United States or the NSS as provided by law.
Objectives:
The Service and the NSS agree to pursue a number of objectives within this memorandum.
To the extent feasible, the parties agree that
A. The National Park Service will:
1. Provide access to lands and the caves beneath those lands administered by the Service
for the stated purpose of this Memorandum.
2. Advise the NSS of opportunities for cave related studies and projects.
3. Advise the NSS of Service research and cave management policies, and monitor and
supervise the activities covered by this Memorandum.
4. Assist the NSS in the development and implementation of safety programs and search
and rescue plans for caves and karst related projects and studies.
5. To the extent provided by law, hold as confidential any information concerning the
specific location of any significant cave unless a determination is made that disclosure
of such information would further the purposes of the Federal Cave Resources Protection
Act and would not create a substantial risk of harm, theft, or destruction of such cave.
To the extent legally authorized, the NPS will not release any proprietary information
submitted by the NSS or its IOs.
6. Acknowledge the work products and data gathered by the NSS in its publications and in
any transmittal of material outside the Service.
B. The National Speleological society will:
1. Conduct projects and studies in caves of the National Park System, as approved by the
Service.
2. Provide to the Service, in either proprietary or non-proprietary form, as agreed in
advance (e.g., in Operating Procedures developed with IOs and/or Grottos for specific
projects), a written report of all activities, maps and other documents (e.g.,
computerized survey data and/or copies of survey notes) which result from work conducted
under this Memorandum.
3. Provide to the Service copies of any annual reports or occasional publications
resulting from projects accomplished under the provisions of this MOU and Operating
Procedures with individual parks (such as management or scientific reports) as they become
available.
4. Acknowledge the assistance of the Service in its publications and other works
resulting from its activities under this Memorandum.
C. The National Park Service and the National Speleological Society will:
1. Coordinate, as practical, information dissemination concerning the NSS's discoveries,
findings, and other activities (as long as such publicity does not conflict with the
confidentiality provisions of the Federal Cave Resources Protection Act) on lands
administered by the Service. The Service reserves the right to issue news releases
and other information determined by the Service to be newsworthy without clearance or
approval of the NSS. The NSS shall not publicize, or otherwise circulate,
promotional material (such as advertisements, sales brochures, press releases, speeches,
still and motion pictures, articles, manuscripts, or other publications) that states or
implies Governmental, Departmental, bureau, or Government employee endorsement of a
product, service, or position which the NSS represents. No release of information
relating to this agreement may state or imply that the Government approves of the NSS's
work product, or considers the NSS's work product to be superior to other products or
services. The NSS must obtain prior approval from the National Park Service for any
public information releases that substantially discus this agreement or relations between
the NSS and the Department of the Interior, its bureaus, or employees. Except that
the NSS may write and/or publish trip reports and either popular or scientific articles
for caving publications and scientific journals without clearance or concurrence of the
Service. The overall purpose of NPS review is to assure that the text does not
confuse the public as to the respective roles of the NPS and NSS.
2. Sign amendments to this Memorandum of Understanding as needed. These may
include, but are not limited to, local Operating Procedures for field operations and other
projects. They will include any policy agreements (e.g., specimen collecting
permits) between the NSS and the Service regarding research activities on Service
administered lands.
Article III. Term of Agreement.
This Memorandum of Understanding will become effective upon approval by both parties,
and will extend for a period of five years thereafter. It will be formally reviewed
every five years and renewed/altered as appropriate.
Article IV. Key Officials.
National Park Service:
Dr. F. Eugene Hester
Associate Director, Natural Resources
National Park Service
P.O. Box 37127
Washington, D.C. 20023
202:208-3884
National Speleological Society:
Ms. Jeanne Gurnee
President
National Speleological Society
Cave Avenue
Huntsville, AL 35810
201:768-2237
Article V. Property Utilization.
This section is not applicable to this agreement.
Article VI. Prior Approval.
All obligations of the National Park Service hereunder are subject to the availability
of funds and to such direct and instructions as may have been or are hereafter provided by
Congress.
Article VII. Termination.
This Memorandum of Understanding may be terminated at any time upon the mutual
agreement of both parties or upon 90-day prior written notice by either party to the
other.
Article VIII. Required Clauses.
During the performance of the agreement, the participants agree to abide by the terms
of Executive Order 11246 on non-discrimination and will not discriminate against any
person because of race, color, age, religion, sex, national origin or disability. The
participants will take affirmative action to ensure that applicants are employed without
regard to their race, color, age, religion, sex, national origin or disability.
No member of or delegate to Congress, or resident commissioner, shall be admitted to
any share or part of this agreement, or to any benefit that may arise therefrom; but this
provision shall not be construed to extend to this agreement if made with a corporation
for its general benefit.
Article IX. Authorizing Signatures.
/s/ Roger G. Kennedy
Director, National Park Service
/s/ Jeanne Gurnee
President, National Speleological Society
March 10, 1990
The National Speleological Society (hereafter, the Society) and the American Cave
Conservation Association (hereafter, the Association) are membership organizations with a
mutual interest in caves and cave resources.
The purpose of the Memorandum of Understanding is to:
1. Promote cooperation between the Society and the Association
2. Enhance the effectiveness of efforts on matters of joint concern to the Society and
the Association.
3. Recognize the achievements and initiatives of both the Society and the Association.
4. Establish effective communication between the Society and the Association and the
respective members of each organization.
To accomplish these objectives, the Society, through its Board of Governors and the
Association, through its Board of Directors, do hereby ratify this Memorandum of
Understanding and the Society and the Association do mutually agree as follows:
1. The Society and the Association shall acknowledge the contribution or participation
of each organization in publicizing or advertising an event or accomplishment to which
contribution has been made or will be made, in whole or in part, by members of the other
organization.
2. The Society and the Association will inform the other organization of communications
relating to policy matters made to government agencies, private organizations, or
individuals, when such communications concern issues of significant interest to the caving
community and which involve a subject matter in which the other organization has a
traditional or known interest. Such notification shall be for the purpose of
allowing coordinated communications and other joint efforts where such are deemed
advisable and therefore such communication shall be promptly accomplished. This
provision shall not be interpreted to pertain to ordinary business communications or to
matters reasonably considered sensitive.
3. The Society and the Association shall cooperate in achieving common objectives and
such cooperation shall include, but not be limited to, publishing announcements of the
other organization in Society or Association literature, distributing brochures and other
information generated by the other organization, displaying exhibits of the other
organization, and in considering grant requests of the other organization.
4. The Society and the Association will each refer to the other organization any
requests for assistance from other organizations or from individuals outside the caving
community when such requests cannot be responded to with the resources of the referring
organization. When appropriate, requests for assistance from outside organizations
or individuals may be referred between the organizations for joint or coordinated
response.
5. The Society and the Association shall portray each other in a positive manner in
their respective publications and internal memoranda and when communicating with other
organizations or individuals. In the event that differences of opinion arise
between the respective organizations on matters of mutual interest, discussions of these
differences shall avoid questioning the motives or dedication of the other organization.
6. By ratification of this Memorandum of Understanding the governing bodies of the
respective organizations have created the NSSACCA liaison committee which shall be
composed of two members. One shall be a member of the Society who shall be
appointed by the Society's Board of Governors. The other shall be a member of the
Association who shall be appointed by the Association's Board of Directors. The
liaison committee shall be charged with the responsibility of informing the governing body
of each organization regarding projects, goals, and activities of the other organization.
Additionally, the liaison committee shall endeavor to promote understanding and
cooperation between the Society and the Association.
This Memorandum of Understanding shall be effective upon ratification by the governing
bodies of the respective organizations and such ratification shall be indicated by the
signatures of the presidents of the respective organizations in the spaces provided below.
The organization first ratifying this Memorandum of Understanding shall not be bound
thereby until such time as the Memorandum is ratified by the other organization.
The Association or the Society may cancel or end this document at any time provided
thirtyday prior written notification is given to the other organization.
/s/ President, NSS
/s/ President, ACCA
The director of the National Park Service, Roger G. Kennedy, and the president of the
National Speleological Society, Jeanne Gurnee, today signed a Memorandum of Understanding
(MOU) committing both organizations to cooperative efforts to preserve and protect cave
resources in the National Park System.
Through this agreement, NSS members will assist the NPS with cave management activities
by researching, exploring, surveying, mapping and inventorying the nation's cave
resources.
The MOU builds upon a productive, long-standing relationship between the NSS and the
NPS. Local NSS chapters (known as grottos) have contributed thousands of volunteer
hours in National Park System caves, exploring and mapping hundreds of miles of passages,
conducting numerous geological and hydrological studies, and documenting many rare and
endangered species.
"Cave environments present many scientific and management challenges, but also
provide an exciting opportunity to study and learn more about these important but
little-understood ecosystems," said Kennedy. "The National Speleological
Society has long been our ally in studying and exploring cave resources. This
agreement strengthens that bond, and offers us an opportunity to assess the caves on
National Park Service lands as well as work toward improving cave management and
preservation efforts."
"The signing of the Memorandum of Understanding confirms and strengthens the
National Speleological Society's long relationship with the National Park Service,"
said Gurnee. "We dedicate more than 50 years of experience in exploration,
study and research to helping the service make important decisions regarding the
identification and management of significant caves on federal lands."
More than 50 areas in the National Park System are known to have significant cave
resources, including world-famous Mammoth Cave, Kentucky; Carlsbad Caverns, New Mexico;
and Wind and Jewel Caves, South Dakota. Ongoing exploration and research, mainly by
volunteers, continues to expand the extent of known passages at all of these major cave
systems.
If you are not already a member of the Conservation and Management Section of the
National Speleological Society, you are invited to join. Dues are $5.00 a year, payable to
the NSS Cons/Mgmt Section. Members receive the newsletter regularly and are entitled to
vote at the annual meeting.
Yes, I would like to join the Conservation/Management Section. Here are
my dues in the amount of $________ (dues of $5/year may be prepaid for up
to three years).
Name___________________________________ NSS No.________
___
Address_________________________________________
______
City__________________________ State_____________ ZIP_________________
___
Please send this form with check/money order to the
Secretary-Treasurer:
Evelyn Bradshaw, 10826 Leavells Road, Fredericksburg, VA
22407-1261.
Cavers have explored more than 300 miles of passages at Mammoth Cave, the world's
largest, and continue to unravel the mysteries of Jewel and Wind Caves, complex maze caves
that are now the second and third largest in the United States. More than 95 miles
of passages have been discovered in Jewel Cave and more than 72 miles in Wind Cave. Geological
studies at both indicate that many more miles remain to be discovered.
Since its discovery in 1986, more than 60 miles of passages, many containing
spectacular and beautiful rock formations, have been found in Lechuguilla Cave on the
north edge of Carlsbad Caverns National Park, New Mexico. At a depth of almost
1,600 feet, Lechuguilla is the deepest known cave in the United States.
The National Speleological Society is the world's largest organization dedicated to the
exploration, conservation and study of the caves. Founded in 1941, its members have
discovered, explored and studied more than 40,000 caves in the United States, as well as
conducting extensive research and exploration in caves throughout the world. The
NSS includes more than 11,000 members with interests ranging from recreation to research,
whose efforts have contributed extensively to understanding our nation's cave resources.
The MOU will help the Park Service carry out its responsibilities under the Federal
Cave Resources Protection Act, passed by Congress in 1988 to help preserve our nation's
significant caves, and to improve cooperation between cavers, cave researchers, and the
Federal Government.
An important provision of the Act mandates an inventory of all significant federally
owned caves, many of which have not been fully explored and thus could be threatened with
harm from surface activities. Participation of the NSS and other caving
organizations is essential to the success of this nationwide effort.
Through their local grottos, the NSS will contribute key information about the location
and character of undeveloped caves. Knowledge of these caves and increased
cooperation with caving groups will result in better management and protection of these
valuable resources.
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