US (United States) Code. Title 16. Chapter 63: Federal cave resources

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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-CITE-

16 USC CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

.

-HEAD-

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-MISC1-

Sec.

4301. Findings, purposes, and policy.

(a) Findings.

(b) Purposes.

(c) Policy.

4302. Definitions.

4303. Management actions.

(a) Regulations.

(b) In general.

(c) Planning and public participation.

4304. Confidentiality of information concerning nature and location

of significant caves.

(a) In general.

(b) Exceptions.

4305. Collection and removal from Federal caves.

(a) Permit.

(b) Revocation of permit.

(c) Transferability of permits.

(d) Cave resources located on Indian lands.

(e) Effect of permit.

4306. Prohibited acts and criminal penalties.

(a) Prohibited acts.

(b) Punishment.

4307. Civil penalties.

(a) Assessment.

(b) Judicial review.

(c) Collection.

(d) Subpoenas.

4308. Miscellaneous provisions.

(a) Authorization of appropriations.

(b) Effect on land management plans.

(c) Fund.

(d) Existing rights.

4309. Savings provision.

(a) Water.

(b) Fish and wildlife.

4310. Establishment of Cave Research Program.

(a) Establishment.

(b) Functions.

(c) Emphasis.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 460ooo-5 of this title.

-CITE-

16 USC Sec. 4301 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-

Sec. 4301. Findings, purposes, and policy

-STATUTE-

(a) Findings

The Congress finds and declares that -

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

irreplaceable part of the Nation's natural heritage; and

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

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

and a lack of specific statutory protection.

(b) Purposes

The purposes of this chapter are -

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

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

all people; and

(2) to foster increased cooperation and exchange of information

between governmental authorities and those who utilize caves

located on Federal lands for scientific, education, or

recreational purposes.

(c) Policy

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

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

practical, significant caves.

-SOURCE-

(Pub. L. 100-691, Sec. 2, Nov. 18, 1988, 102 Stat. 4546.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 100-691 provided that: ''This Act (enacting

this chapter) may be referred to as the 'Federal Cave Resources

Protection Act of 1988'.''

LECHUGUILLA CAVE PROTECTION

Pub. L. 103-169, Dec. 2, 1993, 107 Stat. 1983, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'Lechuguilla Cave Protection Act

of 1993'.

''SEC. 2. FINDING.

''Congress finds that Lechuguilla Cave and adjacent public lands

have internationally significant scientific, environmental, and

other values, and should be retained in public ownership and

protected against adverse effects of mineral exploration and

development and other activities presenting threats to the areas.

''SEC. 3. LAND WITHDRAWAL.

''(a) Withdrawal. - Subject to valid existing rights, all Federal

lands within the boundaries of the cave protection area described

in subsection (b) are hereby withdrawn from all forms of entry,

appropriation, or disposal under the public land laws; from

location, entry, and patent under the United States mining laws;

and from disposition under all laws pertaining to mineral and

geothermal leasing, and all amendments thereto.

''(b) Land Description. - The cave protection area referred to in

subsection (a) shall consist of approximately 6,280 acres of lands

in New Mexico as generally depicted on the map entitled

'Lechuguilla Cave Protection Area' numbered 130/80,055 and dated

April 1993.

''(c) Publication, Filing, Correction, and Inspection. - (1) As

soon as practicable after the date of enactment of this Act (Dec.

2, 1993), the Secretary of the Interior (hereinafter referred to as

the 'Secretary') shall publish in the Federal Register the legal

description of the lands withdrawn under subsection (a) and shall

file such legal description and a detailed map with the Committee

on Energy and Natural Resources of the United States Senate and the

Committee on Natural Resources of the United States House of

Representatives.

''(2) Such map and legal description shall have the same force

and effect as if included in this Act except that the Secretary may

correct clerical and typographical errors.

''(3) Copies of such map and legal description shall be available

for inspection in the appropriate offices of the Bureau of Land

Management.

''SEC. 4. MANAGEMENT OF EXISTING LEASES.

''(a) Suspension. - The Secretary shall not permit any new

drilling on or involving any Federal mineral or geothermal lease

within the cave protection area referred to in section 3(a) until

the effective date of the Record of Decision for the Dark Canyon

Environmental Impact Statement, or for 12 months after the date of

enactment of this Act (Dec. 2, 1993), whichever occurs first.

''(b) Authority To Cancel Existing Mineral or Geothermal Leases.

- Upon the effective date of the Record of Decision for the Dark

Canyon Environmental Impact Statement and in order to protect

Lechuguilla Cave or other cave resources, the Secretary is

authorized to -

''(1) cancel any Federal mineral or geothermal lease in the

cave protection area referred to in section 3(a); or

''(2) enter into negotiations with the holder of a Federal

mineral or geothermal lease in the cave protection area referred

to in section 3(a) to determine appropriate compensation, if any,

for the complete or partial termination of such lease.

''SEC. 5. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS.

''(a) In General. - In order to protect Lechuguilla Cave or

Federal lands within the cave protection area, the Secretary,

subject to valid existing rights, may limit or prohibit access to

or across lands owned by the United States or prohibit the removal

from such lands of any mineral, geological, or cave resources:

Provided, That existing access to private lands within the cave

protection area shall not be affected by this subsection.

''(b) No Effect on Pipelines. - Nothing in this title (Act) shall

have the effect of terminating any validly issued right-of-way, or

customary operation, maintenance, repair, and replacement

activities in such right-of-way; prohibiting the upgrading of and

construction on existing facilities in such right-of-way for the

purpose of increasing capacity of the existing pipeline; or

prohibiting the renewal of such right-of-way within the cave

protection area referred to in section 3(a).

''(c) Relation to Other Laws. - Nothing in this Act shall be

construed as increasing or diminishing the ability of any party to

seek compensation pursuant to other applicable law, including but

not limited to the Tucker Act (28 U.S.C. 1491), or as precluding

any defenses or claims otherwise available to the United States in

connection with any action seeking such compensation from the

United States.

''SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

''There is hereby authorized to be appropriated such sums as may

be necessary to carry out this Act: Provided, That no funds shall

be made available except to the extent, or in such amounts as are

provided in advance in appropriation Acts.''

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16 USC Sec. 4302 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-

Sec. 4302. Definitions

-STATUTE-

For purposes of this chapter:

(1) Cave

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

recess, or system of interconnected passages which occurs beneath

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

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

tunnel, aqueduct, or other manmade excavation) and which is large

enough to permit an individual to enter, whether or not the

entrance is naturally formed or manmade. Such term shall include

any natural pit, sinkhole, or other feature which is an extension

of the entrance.

(2) Federal lands

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

is owned by the United States and administered by the Secretary

of Agriculture or the Secretary of the Interior.

(3) Indian lands

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

Indian individuals which are either held in trust by the United

States for the benefit of an Indian tribe or subject to a

restriction against alienation imposed by the United States.

(4) Indian tribe

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

or other organized group or community of Indians, including any

Alaska Native village or regional or village corporation as

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

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

(FOOTNOTE 1) So in original. Probably should be capitalized.

(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.

-SOURCE-

(Pub. L. 100-691, Sec. 3, Nov. 18, 1988, 102 Stat. 4546.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par. (4),

is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which

is classified generally to chapter 33 (Sec. 1601 et seq.) of Title

43, Public Lands. For complete classification of this Act to the

Code, see Short Title note set out under section 1601 of Title 43

and Tables.

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16 USC Sec. 4303 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-

Sec. 4303. Management actions

-STATUTE-

(a) Regulations

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

shall issue such regulations as he deems necessary to achieve the

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

limited to, criteria for the identification of significant caves.

The Secretaries shall cooperate and consult with one another in

preparation of the regulations. To the extent practical,

regulations promulgated by the respective Secretaries should be

similar.

(b) In general

The Secretary shall take such actions as may be necessary to

further the purposes of this chapter. Those actions shall include

(but need not be limited to) -

(1) identification of significant caves on Federal lands:

(A) The Secretary shall prepare an initial list of

significant caves for lands under his jurisdiction not later

than one year after the publication of final regulations using

the significance criteria defined in such regulations. Such a

list shall be developed after consultation with appropriate

private sector interests, including cavers.

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

periodically, after consultation with appropriate private

sector interests, including cavers. The Secretary shall

prescribe by policy or regulation the requirements and process

by which the initial list will be updated, including management

measures to assure that caves under consideration for the list

are protected during the period of consideration. Each cave

recommended to the Secretary by interested groups for possible

inclusion on the list of significant caves shall be considered

by the Secretary according to the requirements prescribed

pursuant to this paragraph, and shall be added to the list if

the Secretary determines that the cave meets the criteria for

significance as defined by the regulations.

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

appropriate;

(3) entering into volunteer management agreements with persons

of the scientific and recreational caving community; and

(4) appointment of appropriate advisory committees.

(c) Planning and public participation

The Secretary shall -

(1) ensure that significant caves are considered in the

preparation or implementation of any land management plan if the

preparation or revision of the plan began after November 18,

1988; and

(2) foster communication, cooperation, and exchange of

information between land managers, those who utilize caves, and

the public.

-SOURCE-

(Pub. L. 100-691, Sec. 4, Nov. 18, 1988, 102 Stat. 4547.)

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16 USC Sec. 4304 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-

Sec. 4304. Confidentiality of information concerning nature and

location of significant caves

-STATUTE-

(a) In general

Information concerning the specific location of any significant

cave may not be made available to the public under section 552 of

title 5 unless the Secretary determines that disclosure of such

information would further the purposes of this chapter and would

not create a substantial risk of harm, theft, or destruction of

such cave.

(b) Exceptions

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

make available information regarding significant caves upon the

written request by Federal and State governmental agencies or bona

fide educational and research institutions. Any such written

request shall, at a minimum -

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

sought;

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

and

(3) include assurances satisfactory to the Secretary that

adequate measures are being taken to protect the confidentiality

of such information and to ensure the protection of the

significant cave from destruction by vandalism and unauthorized

use.

-SOURCE-

(Pub. L. 100-691, Sec. 5, Nov. 18, 1988, 102 Stat. 4548.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4305 of this title.

-CITE-

16 USC Sec. 4305 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-

Sec. 4305. Collection and removal from Federal caves

-STATUTE-

(a) Permit

The Secretary is authorized to issue permits for the collection

and removal of cave resources under such terms and conditions as

the Secretary may impose, including the posting of bonds to insure

compliance with the provisions of any permit:

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

information concerning the time, scope, location, and specific

purpose of the proposed collection, removal or associated

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

associated activity is to be performed must be provided.

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

subsection only if he determines that the proposed collection or

removal activities are consistent with the purposes of this

chapter, and with other applicable provisions of law.

(b) Revocation of permit

Any permit issued under this section shall be revoked by the

Secretary upon a determination by the Secretary that the permittee

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

with any other condition upon which the permit was issued. Any

such permit shall be revoked by the Secretary upon assessment of a

civil penalty against the permittee pursuant to section 4307 of

this title or upon the permittee's conviction under section 4306 of

this title. The Secretary may refuse to issue a permit under this

section to any person who has violated any provision of this

chapter or who has failed to comply with any condition of a prior

permit.

(c) Transferability of permits

Permits issued under this chapter are not transferable.

(d) Cave resources located on Indian lands

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

authorized to delegate to the tribe all authority of the Secretary

under this section with respect to issuing and enforcing permits

for the collection or removal of any cave resource, or to carrying

out activities associated with such collection or removal, from any

cave resource located on the affected Indian lands.

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

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

activities associated with such collection or removal, from any

cave resource located on Indian lands (other than permits issued

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

obtaining the consent of the Indian or Indian tribe owning or

having jurisdiction over such lands. The permit shall include such

reasonable terms and conditions as may be requested by such Indian

or Indian tribe.

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

pursuant to this section may result in harm to, or destruction of,

any religious or cultural site, the Secretary, prior to issuing

such permit, shall notify any Indian tribe which may consider the

site as having significant religious or cultural importance. Such

notice shall not be deemed a disclosure to the public for purposes

of section 4304 of this title.

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

collection or removal of any cave resource located on Indian lands

or activities associated with such collection, by the Indian or

Indian tribe owning or having jurisdiction over such lands.

(e) Effect of permit

No action specifically authorized by a permit under this section

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

-SOURCE-

(Pub. L. 100-691, Sec. 6, Nov. 18, 1988, 102 Stat. 4548.)

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16 USC Sec. 4306 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-

Sec. 4306. Prohibited acts and criminal penalties

-STATUTE-

(a) Prohibited acts

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

Secretary knowingly destroys, disturbs, defaces, mars, alters,

removes or harms any significant cave or alters the free movement

of any animal or plant life into or out of any significant cave

located on Federal lands, or enters a significant cave with the

intention of committing any act described in this paragraph shall

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

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

exchanges, or offers for sale, barter or exchange, any cave

resource from a significant cave with knowledge or reason to know

that such resource was removed from a significant cave located on

Federal lands shall be punished in accordance with subsection (b)

of this section.

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

other person to violate any provisions of this subsection shall be

punished in accordance with section (FOOTNOTE 1) (b) of this

section.

(FOOTNOTE 1) So in original. Probably should be ''subsection''.

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

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

significant cave prior to November 18, 1988.

(b) Punishment

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

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

fine in accordance with the applicable provisions of title 18, or

both. In the case of a second or subsequent violation, the

punishment shall be imprisonment of not more than 3 years or a fine

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

-SOURCE-

(Pub. L. 100-691, Sec. 7, Nov. 18, 1988, 102 Stat. 4549.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4305, 4308 of this title.

-CITE-

16 USC Sec. 4307 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-

Sec. 4307. Civil penalties

-STATUTE-

(a) Assessment

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

against any person who violates any prohibition contained in this

chapter, any regulation promulgated pursuant to this chapter, or

any permit issued under this chapter. Before issuing such an

order, the Secretary shall provide such person written notice and

the opportunity to request a hearing on the record within 30 days.

Each violation shall be a separate offense, even if such violations

occurred at the same time.

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

Secretary taking into account appropriate factors, including (A)

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

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

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

maximum fine permissible under this section is $10,000.

(b) Judicial review

Any person aggrieved by an assessment of a civil penalty under

this section may file a petition for judicial review of such

assessment with the United States District Court for the District

of Columbia or for the district in which the violation occurred.

Such a petition shall be filed within the 30-day period beginning

on the date the order assessing the civil penalty was issued.

(c) Collection

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

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

(a) of this section, or

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

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

Secretary under subsection (b) of this section,

the Secretary shall notify the Attorney General and the Attorney

General shall bring a civil action in an appropriate United States

district court to recover the amount of penalty assessed (plus

costs, attorney's fees, and interest at currently prevailing rates

from the date the order was issued or the date of such final

judgment, as the case may be). In such an action, the validity,

amount, and appropriateness of such penalty shall not be subject to

review.

(d) Subpoenas

The Secretary may issue subpoenas in connection with proceedings

under this subsection compelling the attendance and testimony of

witnesses and subpoenas duces tecum, and may request the Attorney

General to bring an action to enforce any subpoena under this

section. The district courts shall have jurisdiction to enforce

such subpoenas and impose sanctions.

-SOURCE-

(Pub. L. 100-691, Sec. 8, Nov. 18, 1988, 102 Stat. 4550.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4305 of this title.

-CITE-

16 USC Sec. 4308 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-

Sec. 4308. Miscellaneous provisions

-STATUTE-

(a) Authorization of appropriations

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

purposes of this chapter.

(b) Effect on land management plans

Nothing in this chapter shall require the amendment or revision

of any land management plan the preparation of which began prior to

November 18, 1988.

(c) Fund

Any money collected by the United States as permit fees for

collection and removal of cave resources; received by the United

States as a result of the forfeiture of a bond or other security by

a permittee who does not comply with the requirements of such

permit issued under section 4306 of this title; or collected by the

United States by way of civil penalties or criminal fines for

violations of this chapter shall be placed in a special fund in the

Treasury. Such moneys shall be available for obligation or

expenditure (to the extent provided for in advance in appropriation

Acts) as determined by the Secretary for the improved management,

benefit, repair, or restoration of significant caves located on

Federal lands.

(d) Existing rights

Nothing in this chapter shall be deemed to affect the full

operation of the mining and mineral leasing laws of the United

States, or otherwise affect valid existing rights.

-SOURCE-

(Pub. L. 100-691, Sec. 9, Nov. 18, 1988, 102 Stat. 4550.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws and mineral leasing laws of the United States,

referred to in subsec. (d), are classified generally to Title 30,

Mineral Lands and Mining.

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16 USC Sec. 4309 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-

Sec. 4309. Savings provision

-STATUTE-

(a) Water

Nothing in this chapter shall be construed as authorizing the

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

Indian tribe, or any other entity or individual. Nor shall any

provision of this chapter -

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

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

or stream or over any ground water resource;

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

with any interstate compact made by the States; or

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

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

water or water-related right.

(b) Fish and wildlife

Nothing in this chapter shall be construed as affecting the

jurisdiction or responsibilities of the States with respect to fish

and wildlife.

-SOURCE-

(Pub. L. 100-691, Sec. 10, Nov. 18, 1988, 102 Stat. 4551.)

-CITE-

16 USC Sec. 4310 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-

Sec. 4310. Establishment of Cave Research Program

-STATUTE-

(a) Establishment

In order to provide for needed research relating to cave

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

the Interior, acting through the Director of the National Park

Service shall establish and administer a Cave Research Program

(hereinafter in this section referred to as the ''Program''). The

Program shall include the orderly and scholarly collection,

analysis, and dissemination of research material related to caves

in lands managed by the National Park Service including, but not

limited to, Carlsbad Caverns National Park and the Capitan Reef

area.

(b) Functions

The Program shall produce educational and interpretive

information and materials vital to public understanding of cave

geology, assist students and researchers, and provide for a

comprehensive evaluation of cave resources and measures needed for

their protection.

(c) Emphasis

The program (FOOTNOTE 1) shall be directed primarily toward lands

managed by the National Park Service, but the Secretary of the

Interior may enter into cooperative agreements with other agencies

or entities as may be appropriate to carry out the purposes of this

section.

(FOOTNOTE 1) So in original. Probably should be capitalized.

-SOURCE-

(Pub. L. 101-578, title II, Sec. 202, Nov. 15, 1990, 104 Stat.

2859.)

-REFTEXT-

REFERENCES IN TEXT

This section, referred to in subsecs. (a) and (c), was in the

original ''this title'' meaning title II of Pub. L. 101-578, Nov.

15, 1990, 104 Stat. 2859, which enacted this section and provisions

set out as notes below. For complete classification of title II to

the Code, see Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Federal Cave Resources

Protection Act of 1988 which comprises this chapter.

-MISC3-

NATIONAL CAVE AND KARST RESEARCH INSTITUTE

Pub. L. 105-325, Oct. 30, 1998, 112 Stat. 3038, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'National Cave and Karst Research

Institute Act of 1998'.

''SEC. 2. PURPOSES.

''The purposes of this Act are -

''(1) to further the science of speleology;

''(2) to centralize and standardize speleological information;

''(3) to foster interdisciplinary cooperation in cave and karst

research programs;

''(4) to promote public education;

''(5) to promote national and international cooperation in

protecting the environment for the benefit of cave and karst

landforms; and

''(6) to promote and develop environmentally sound and

sustainable resource management practices.

''SEC. 3. ESTABLISHMENT OF THE INSTITUTE.

''(a) In General. - The Secretary of the Interior (referred to in

this Act as the 'Secretary'), acting through the Director of the

National Park Service, shall establish the National Cave and Karst

Research Institute (referred to in this Act as the 'Institute').

''(b) Purposes. - The Institute shall, to the extent practicable,

further the purposes of this Act.

''(c) Location. - The Institute shall be located in the vicinity

of Carlsbad Caverns National Park, in the State of New Mexico. The

Institute shall not be located inside the boundaries of Carlsbad

Caverns National Park.

''SEC. 4. ADMINISTRATION OF THE INSTITUTE.

''(a) Management. - The Institute shall be jointly administered

by the National Park Service and a public or private agency,

organization, or institution, as determined by the Secretary.

''(b) Guidelines. - The Institute shall be operated and managed

in accordance with the study prepared by the National Park Service

pursuant to section 203 of the Act entitled 'An Act to conduct

certain studies in the State of New Mexico', approved November 15,

1990 (Public Law 101-578; 16 U.S.C. 4310 note).

''(c) Contracts and Cooperative Agreements. - The Secretary may

enter into a contract or cooperative agreement with a public or

private agency, organization, or institution to carry out this Act.

''(d) Facility. -

''(1) Leasing or acquiring a facility. - The Secretary may

lease or acquire a facility for the Institute.

''(2) Construction of a facility. - If the Secretary determines

that a suitable facility is not available for a lease or

acquisition under paragraph (1), the Secretary may construct a

facility for the Institute.

''(e) Acceptance of Grants and Transfers. - To carry out this

Act, the Secretary may accept -

''(1) a grant or donation from a private person; or

''(2) a transfer of funds from another Federal agency.

''SEC. 5. FUNDING.

''(a) Matching Funds. - The Secretary may spend only such amount

of Federal funds to carry out this Act as is matched by an equal

amount of funds from non-Federal sources.

''(b) Authorization of Appropriations. - There are authorized to

be appropriated such sums as may be necessary to carry out this

Act.''

CONGRESSIONAL FINDINGS

Section 201 of Pub. L. 101-578 provided that: ''The Congress

makes the following findings:

''(1) The World's most exposed fossil reef, Capitan Reef, in

southern New Mexico that includes Carlsbad Caverns, contains over

300 caves, including 75 identified caves in Carlsbad Caverns

National Park and 22 caves in Guadalupe Mountains National Park.

''(2) Recent explorations of Lechuguilla Cave at Carlsbad

Caverns National Park have provided much new information about

the wonders of this cave including the fact that it is the second

deepest cave in the United States and contains outstanding

world-class cave features such as gypsum crystal chandeliers and

gypsum flowers.

''(3) The Lechuguilla Cave has been described by cave

researchers as possibly the finest cave in America.

''(4) The interest and excitement of cave researchers

throughout the world have been focused on Carlsbad Caverns

National Park.

''(5) Cave researchers could use this research institute as an

operational base for study of caves in other regions and as a

focal point for storage of data on cave geology and speleology.

''(6) The Congress, with the passage of Public Law 100-691, the

Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et

seq.), recognized the significance of cave resources on Federal

lands and established the policy that Federal lands be managed in

a manner which protects and maintains, to the extent practicable,

significant cave resources.''

CAVE RESEARCH INSTITUTE STUDY

Section 203 of Pub. L. 101-578 directed Secretary of the

Interior, not later than one year after Nov. 15, 1990, to prepare

and transmit to Congress a study on the feasibility of establishing

a Cave Research Institute.

AUTHORIZATION OF APPROPRIATIONS

Section 204 of title II of Pub. L. 101-578 provided that: ''There

are authorized to be appropriated such sums as may be necessary to

carry out the provisions of this title (enacting this section and

provisions set out as notes above).''

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