The Newsletter of 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
POSTMASTER: Send address changes to
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"
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
Chairman and Publisher: Rob Stitt
Editor and Vice-Chairman: Jay R.
Secretary-Treasurer: Evelyn Bradshaw,
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
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.
An Act to protect cave resources and for other purposes.
Be it enacted by the Senate and House of
Representatives of the
· SECTION 1. SHORT TITLE.
This Act may be referred to as the "Federal Cave Resources Protection Act of 1988".
· (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 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 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
· (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 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.
· (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
· (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.
· (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.
· (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.
· (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.
· (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
· (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),
shall notify the Attorney General and the Attorney general shall bring a civil
action in an appropriate
· (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.
· (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
· (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
PUBLIC LAW 100-691 -
Part 37, Subtitle A, Title 43, Code of Federal Regulations*
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
· 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
· (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
· (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
· (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
· Bob Armstrong
· Assistant Secretary of the Interior
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.
NPS Directory-Parks With Caves And/Or Karst
Compiled by Ronal Kerbo
Amistad Recreation Area
PO Box 212-B
Colonial National Historical Park
El Malpais National Monument
Grants, NM 87020
Heavily karstified area
Baker, WY 89311
Salt Flat, TX 79847
Kaloko-Honokohau National Historical Park
c/o Pu'uhonua o Honaunau National Historical Park
c/o Sequioa and
Lassen Volcanic National Park
Lava tubes, ice caves
2105 Highway 20
Olympic National Park
Ozark National Scenic Riverways
Pu'uhonua o Honaunau National Historical Park
War in the Pacific National Historical Park
PO Box FA
Republic, MO 65738
Tectonic caves (earth cracks)
Yukon-Charley Rivers National Preserve
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
A remodeling project beginning in January
forced relocation of the bats. They were taken to
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."
The cave, at 1,593 feet deep, is the
record holder among
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
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.
from staff reports
Lander, Wyo.-Jim Goodbar, outdoor recreation planner
and cave specialist for the U.S. Bureau of Land Management's Carlsbad Resource
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
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 began his caving career at the
age of nine. His parents were cavers in
In addition to his duties as a cave
specialist with the
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,
Current NOLS wilderness education courses
range from glacier mountaineering in
Growing public awareness of the existence
of cave resources on public lands administered by the Bureau of Land Management
In the past,
· II. Purpose
The purpose of the MOU is to (1)
recognize the participatory management contributions of the
This MOU has been developed under
authority provided to
· IV. Responsibilities and Procedures
· A. Whereas Cooperative Management Agreements
· B. Development of these specific
· C. The
· 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
· 3. There must be adequate
· 4. The cooperating organizations recognize
· D. The
· E. The
· 1. Tenure of Agreement The tenure of the
· 2. Areas of Responsibility The
· 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
· 4. Administrative Actions Provisions on
· 5. Provisions for Compliance The
· 6. Provisions for Safety The
· 7. Proprietary Information The
· 8. Volunteer Contracts Volunteer
agreements, formulated in accordance with
· 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
· 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
Director, Bureau of Land Management
/s/ Paul J. Stevens
President, National Speleological Society
/s/ Sarah Bishop
President, Cave Research Foundation
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.
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
· 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.
· 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
· 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
improvements constructed under an Agreement will be the property of the
· 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
/s/ President, National Speleological
Whereas the Act of
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 "
This Memorandum of Understanding is for
the purpose of encouraging future participation by members of the
Article II. Statement of Work.
· 1. It is mutually agreed that the Service
· 2. The
· 3. The permission granted herein to the
· 4. The
The Service and the
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
· 3. Advise the
· 4. Assist the
· 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
· 6. Acknowledge the work products and data
gathered by the
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
· 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.
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
National Speleological Society:
· Ms. Jeanne Gurnee
· National Speleological Society
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.
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
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, 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,
The MOU builds upon a productive,
long-standing relationship between the
"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
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
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).
City__________________________ State_____________ ZIP_________________
Please send this form with check/money order to the
Cavers have explored more than 300 miles
of passages at
Since its discovery in 1986, more than 60
miles of passages, many containing spectacular and beautiful rock formations,
have been found in
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
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
Through their local grottos, the
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