The
Federal Cave Resources Protection Act
Reprinted (with corrections) from the
As of
BE IT ENACTED BY THE SENATE
a) FINDINGS.—The Congress finds and declares
that-- (1) significant caves on Federal lands are an invaluable and
irreplaceable part of the Nation's natural heritage; and (2) in some instances,
these significant caves are threatened due to improper use, increased
recreational demand, urban spread, and a lack of specific statutory protection.
(b) PURPOSES.--The purposes of this Act
are-- (1) to secure, protect, and preserve significant caves on Federal lands
for the perpetual use, enjoyment, and benefit of all people; and (2) to foster
increased cooperation and exchange of information between governmental
authorities and those who utilize caves located on Federal lands for
scientific, education, or recreational purposes.
(c) POLICY.--It is
the policy of the
For purposes of this Act:
(1) CAVE
.--The term "cave" means any naturally occurring void, cavity,
recess, or system of interconnected passages which occurs beneath the surface
of the earth or within a cliff or ledge (including any cave resource therein,
but not including any vug, mine, tunnel, aqueduct, or
other manmade excavation) and which is large enough to permit an individual to
enter, whether or not the entrance is naturally formed or manmade. Such term
shall include any natural pit, sinkhole, or other feature which is an extension
of the entrance.
(2)
FEDERAL LANDS.
—The term "Federal lands" means lands the fee title to which
is owned by the
(3)
INDIAN LANDS.
The term "Indian lands" means lands of Indian tribes or Indian
individuals which are either held in trust by the
(4) INDIAN TRIBE.
The term "Indian tribe" means any Indian tribe, band, nation,
or other organized group or community of Indians, including any Alaska Native
village or regional or village corporation as defined in, or established
pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(5) CAVE RESOURCE.
The term "cave resource" includes any material or substance
occurring naturally in caves on Federal lands, such as animal life, plant life,
paleontological deposits, sediments, minerals, speleogens, and speleothems.
(6) SECRETARY.
The term "Secretary" means the Secretary of Agriculture or the
Secretary of the Interior, as appropriate.
(7) SPELEOTHEM.
The term "speleothem" means any
natural mineral formation or deposit occurring in a cave or lava tube,
including but not limited to any stalactite, stalagmite, helictite,
cave flower, flowstone, concretion, drapery, rimstone,
or formation of clay or mud.
(8) SPELEOGEN.
The term "speleogen" means relief
features on the walls, ceiling, and floor of any cave or lava tube which are
part of the surrounding bedrock, including but not limited to anastomoses, scallops, meander niches, petromorphs
and rock pendants in solution caves and similar features unique to volcanic
caves
(a) REGULATIONS.—Not
later than nine months after the date of the enactment of this Act, the
Secretary shall issue such regulations as he deems necessary to achieve the
purposes of the Act. Regulations shall include, but not be limited to, criteria
for the identification of significant caves The Secretaries shall cooperate and
consult with one another in preparation of the regulations. To the extent
practical regulations promulgated by the respective Secretaries should be
similar.
(b) IN GENERAL.—The
secretary shall take such actions as may be necessary to further the purposes
of this Act. These actions shall include (but not be limited to)—
(1) identification
of significant caves on federal lands;
(A) The Secretary shall prepare an initial
list of significant caves for lands under his jurisdiction not later than one
year after the publication of final regulations using the significance criteria
defined in such regulations. Such a list shall be developed after consultation
with appropriate private sector interests, including cavers.
(B) The initial list of significant caves
shall be updated periodically, after consultation with appropriate private
sector interests, including cavers. The Secretary shall prescribe by policy or
regulation the requirements and process by which the initial list will be
updated, including management measures to assure that caves under consideration
for the list are protected during the period of consideration. Each cave
recommended to the Secretary by interested groups for possible inclusion on the
list of significant caves shall be considered by the Secretary according to the
requirements prescribed pursuant to this paragraph and shall be added to the
list if the Secretary determines that the cave meets the criteria for
significance as defined by the regulations.
(2) regulation or
restriction of use of significant caves, as appropriate;
(3) entering into
volunteer management agreements with persons of the scientific and recreational
caving community; and
(4) appointment of
appropriate advisory committees
(c) PLANNING
The Secretary shall—
(1) ensure that significant
caves are considered in the preparation or implementation of any land
management plan if the preparation or revision of the plan began after the
enactment of this Act;
(2) foster
communication, cooperation, and exchange of information between land managers,
those who utilize caves, and the public.
Sec. 5. CONFIDENTIALITY OF
INFORMATION CONCERNING NATURE
(a) IN GENERAL.—Information concerning the
specific location of any significant cave may not be made available to the
public under section 552 of title 5, United States Code, unless the Secretary
determines that disclosure of such information would further the purposes of
this Act and would not create a substantial risk of harm, theft, or destruction
of such cave.
(b) EXCEPTIONS.—Notwithstanding
subsection (a), the Secretary may make available information regarding
significant caves upon the written request by Federal and state governmental
agencies or bona fide educational and research institutions. Any such written
request shall, at a minimum:
(1) describe the
specific site or area for which information is sought;
(2) explain the
purpose for which such information is sought; and
(3) include
assurances satisfactory to the Secretary that adequate measures are being taken
to protect the confidentiality of such information and to ensure the protection
of the significant cave from destruction by vandalism and unauthorized use.
Sec. 6. COLLECTION
(a) PERMIT.—The Secretary is authorized to
issue permits for the collection and removal of cave resources under such terms
and conditions as the Secretary may impose, including the posting of bonds to
insure compliance with the provisions of any permit.
1) Any permit issued pursuant to this section
shall include information concerning the time, scope, location, and specific
purpose of the proposed collection, removal or associated activity, and the
manner in which such collection, removal, or associated activity is to be
performed must be provided.
(2) The Secretary may issue a permit
pursuant this subsection only it he determines that the proposed collection or
removal activities are consistent with the purposes of this Act and with other
applicable provisions of law.
(b) REVOCATION OF PERMIT.—Any permit issued
under this section shall be revoked by the Secretary upon a determination by
the Secretary that the permittee has violated any
provision of this Act, or has failed to comply with any other condition upon
which the permit was issued. Any such permit shall be revoked by the Secretary
upon assessment of a civil penalty against the permittee
pursuant to section 8 or upon the permittee's
conviction under section 7 of this Act. The Secretary may refuse to issue a
permit under this section to any person who has violated any provision of this
Act or who has failed to comply with any condition of a prior permit.
(c) TRANSFERABILITY OF PERMITS. Permits
issued under this act are not transferable.
(d) CAVE RESOURCES LOCATED ON INDIAN LANDS.—
(1)(A) Upon application by an Indian tribe,
the Secretary is authorized to delegate to the tribe all authority of the
Secretary under this section with respect to issuing and enforcing permits for
the collection or removal of any cave resource located on the affected Indian
lands.
(B) In the case of any permit issued by the
Secretary for the collection or removal of any cave resource, or to carry out
activities associated with such collection or removal, from any cave resource
located on Indian lands (other than permits issued pursuant to subparagraph
(A)), the permit may be issued only after obtaining the consent of the Indian
or Indian tribe owning or having jurisdiction over such lands. The permit shall
include such reasonable terms and conditions as may be requested by such Indian
or Indian tribe.
(2) If the Secretary determines that
issuance of a permit pursuant to this section may result in harm to, or
destruction of, any religious or cultural site, the Secretary, prior to issuing
such permit, shall notify any Indian tribe which may consider the site as
having significant religious or cultural importance. Such notice shall not be
deemed a disclosure to the public for purposes of section 5.
(3) A permit shall not be required under
this section for the collection or removal of any cave resource located on
Indian lands or activities associated with such collection, by the Indian or
Indian tribe owning or having jurisdiction over such lands.
(e) EFFECT OF PERMIT.—No action specifically
authorized by a permit under this section shall be treated as a violation of
section 7.
Sec. 7. PROHIBITED ACTS
(a) PROHIBITED ACTS.—
(1) Any person who, without prior
authorization from the Secretary, knowingly destroys, disturbs, defaces, mars,
alters, removes or harms any significant cave or alters the free movement of
any animal or plant life into or out of any significant cave located on Federal
lands, or enters a significant cave with the intention of committing any act
described in this paragraph shall be punished in accordance with subsection
(b).
(2) Any person who possesses,
consumes, sells, barters or exchanges, or offers for sale, barter or exchange,
any cave resource from a significant cave with knowledge or reason to know that
such resource was removed from a significant cave located on Federal lands
shall be punished in accordance with subsection (b).
(3) Any person who counsels, procures,
solicits, or employs any other person to violate any provisions of this
subsection shall be punished in accordance with subsection (b).
(4) Nothing in this section shall be deemed
applicable to any person who was in lawful possession of a cave resource from a
significant cave prior to the date of enactment of this Act.
(b) PUNISHMENT.—The
punishment for violating any provision of subsection (a) shall be imprisonment
of not more than one year or a fine in accordance with the applicable
provisions of title 18 of the United States Code, or both. In the case of a
second or subsequent violation, the punishment shall be imprisonment of not
more than 3 years or a fine in accordance with the applicable provisions of
title 18 of the United States Code, or both.
(a) ASSESSMENT.—
(1) The Secretary may issue an order assessing
a civil penalty against any person who violates any prohibition contained in
this Act, any regulation promulgated pursuant to this Act, or any permit issued
under this Act. Before issuing such an order, the Secretary shall provide such
person written notice and the opportunity to request a hearing on the record
within 30 days. Each violation shall be a separate offense, even if such
violations occurred at the same time.
(2) The amount of such civil penalty shall
be determined by the Secretary taking into account appropriate factors,
including (A) the seriousness of the violation; (B) the economic benefit (if
any) resulting from the violation; (C) any history of such violations; and (D)
such other matters as the Secretary deems appropriate. The maximum fine
permissible under this section is $10,000.
(b) JUDICIAL REVIEW.—
Any person aggrieved by an assessment of a civil penalty under this section may
file a petition for judicial review of such assessment with the United States
District Court for the
(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 the court has entered a final judgment in
favor of the Secretary under subsection(b), the Secretary shall notify the
Attorney General and the Attorney General shall bring a civil action in an
appropriate United States district court to recover the amount of penalty
assessed (plus costs, attorneys' fees, and interest at currently prevailing
rates from the date the order was issued or the date of such final judgment, as
the case 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 subpoena and impose sanctions.
Sec. 9. MISCELLANEOUS PROVISIONS.
(a) AUTHORIZATION.—There
are authorized to be appropriated $100,000 to carry out the purposes of this
Act.
(b) EFFECT ON
(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
(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
(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
(b) FISH
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