Cave Conservationist
The Newsletter of Cave Conservation and Management
Volume
13 No. 1
Published
by the
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
Evelyn Bradshaw,
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"
Copyright 1995
Printed by members of
the D.C. Grotto and the Potomac Speleological Society.
Cover illustration is by Linda Heslop.
NATIONAL SPELEOLOGICAL
SOCIETY
Conservation &
Management Section
Officers
Chairman and Publisher: Rob
Stitt
Editor and Vice-Chairman:
Jay R.
Jorden,
Secretary-Treasurer: Evelyn
Bradshaw,
(703)898-9288
Directors at Large: Mel
Park
George N. Huppert
Finally, only five years late, some of
the regulations implementing the Federal Cave Resource Protection Act of 1988
have been released, published in the Federal Register, and should have gone
into effect. It took almost as long (perhaps longer) to get the regulations
drafted and issued as it did to get the FCRPA passed in the first place. The
ordeal has gone on much longer than the framers of the FRCPA ever envisioned,
since the Act allows nine months for a process that ultimately took almost six
years.
In this and future issues we feature a
compendium of information that should be useful to cavers and cave
conservationists who are dealing with these regulations and the agencies that
drafted them. In this issue we focus on agencies affiliated with the Department
of the Interior. Included are copies of the FRCPA itself, the Dept. of Interior
Regulations, a list of units of the National Park System known to contain
caves, and copies of Memoranda of Agreement between the
In a future issue, (after they are
released) we will include the Forest Service regulations, as well as
information about privately owned caves and some more news briefs, and an
article on the effects of carbide, taken with permission from the Internet.
PUBLIC LAW
100-691-November 18, 1988
An Act to protect cave
resources and for other purposes.
Be it enacted by the Senate and House of
Representatives of the
·
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),
·
the Secretary
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
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
Approved
PUBLIC LAW 100-691 -
Implementing Rule -
Part 37, Subtitle A,
Title 43, Code of Federal Regulations*
Effective Date:
SUMMARY: This final rule implements the Federal Cave Resources
Protection Act of 1988, which requires the identification, protection, and
maintenance, to the extent practical, of significant caves on lands
administered by the Department of the Interior. The final rule establishes
criteria to be considered in the identification of significant caves. It also
integrates cave management into existing planning and management processes and
protects cave resource information to prevent vandalism and disturbance of
significant caves. Primary impact lies with lands administered by the Bureau of
Indian Affairs, the Bureau of Land Management, the Bureau of Reclamation, the
National Park Service, and the U.S. Fish and Wildlife Service.
·
PART 37 CAVE
MANAGEMENT
·
Subpart A Cave
Management General
·
Sec.
·
37.1 Purpose.
·
37.2 Policy.
·
37.3
Authority.
·
37.4
Definitions.
·
37.5
Information collection.
·
Subpart B-
Cave Designation
·
37.11
Nomination, evaluation, and designation of significant caves.
·
37.12
Confidentiality of cave location information.
·
Authority: 16
U.S.C. 4301-4309; 43 U.S.C. 1740.
·
Subpart A-
Cave Management- General
? 37.1 Purpose.
The purpose of this part is to provide
the basis for identifying and managing significant caves on Federal lands
administered by the Secretary of the Interior.
? 37.2 Policy.
It is the policy of the Secretary that
Federal lands be managed in a manner which, to the extent practical, protects
and maintains significant caves and cave resources. The type and degree of
protection will be determined through the agency resource management planning
process with full public participation.
? 37.3 Authority.
Section 4 of the Federal Cave Resources
Protection Act of 1988 (102 Stat. 4546; 16 U.S.C. 4301) authorizes the
Secretary to issue regulations providing for the identification of significant
caves. Section 5 authorizes the Secretary to withhold information concerning
the location of significant caves under certain circumstances.
? 37.4 Definitions.
· (a) Authorized officer means the
agency employee delegated the authority to perform the duties described in this
part.
· (b) Cave means any naturally
occurring void, cavity, recess or system of interconnected passages beneath the
surface of the earth or within a cliff or ledge, including any cave resource
therein, and which is large enough to permit a person to enter, whether the
entrance is excavated or naturally formed. Such term shall include any natural
pit, sinkhole, or other feature that is an extension of a cave entrance or
which is an integral part of the cave.
· (b) Cave resources means any materials
or substances occurring in caves on Federal lands, including, but not limited
to, biotic, cultural, mineralogic, paleontologic, geologic, and hydrologic
resources.
· (d) Federal lands, as defined in
the Federal Cave Resources Protection Act, means lands the fee title to which
is owned by the
· (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
-------------------------
Sea caves
Amistad Recreation Area
Lava tubes
Lava tubes
Big
tel
Sea caves
PO Box 212-B
Colonial
National Historical Park
Rural Route
2,
Craters of
the
Lava tubes
El Malpais
National Monument
Grants, NM
87020
Lava tubes
Heavily
karstified area
West
Baker, WY
89311
HC 60,
Salt Flat, TX
79847
Lava Tubes
RR 1,
Kaloko-Honokohau
National Historical Park
c/o Pu'uhonua
o Honaunau National Historical Park
Honaunau,
Lava tubes
c/o Sequioa and
Three
Lassen
Volcanic National Park
Lava tubes
Lava tubes
Tahoma Woods,
Lava tubes,
ice caves
2105 Highway
20
Olympic
National Park
Cave
Ozark
National Scenic Riverways
Talus caves
Pu'uhonua o
Honaunau National Historical Park
Honaunau,
Rocky
Route 1,
Three
Route 4,
c/o
2717 N
Steve's Blvd,
Lava tubes
Rural Route
3,
American
War in the
Pacific National Historical Park
PO Box FA
Route 2,
Republic, MO
65738
2717 N.
Steve's Blvd,
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
and
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
Area,
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,
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
Memorandum of Understanding Between The
Department of Interior-Bureau of Land Management and The National Speleological
Society
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
that a
· 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
administering the
· 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
under the
· V. Signatures
The agreements and conditions outlined in
the MOU become effective upon signature by representatives from each
organization. This MOU can be changed at any time with regard to either
the
/s/
Director, Bureau of Land Management
/s/ Paul J. Stevens
President, National Speleological Society
/s/ Sarah Bishop
President, Cave Research Foundation
Memorandum
of Understanding Between
The
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.
· 1.
· 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
·
All
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
Society
Memorandum
of Understanding Between the National
Park Service and the National Speleological Society
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
and the
· 2. The
· 3. The permission granted herein to the
· 4. The
Objectives:
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.
Article
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
·
·
·
202:208-3884
National
Speleological Society:
·
Ms. Jeanne
Gurnee
·
President
·
National
Speleological Society
·
·
·
201:768-2237
Article V. Property Utilization.
This section is not applicable to this
agreement.
Article
VI. Prior Approval.
All obligations of the National Park
Service hereunder are subject to the availability of funds and to such direct
and instructions as may have been or are hereafter provided by Congress.
Article
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
Memorandum
of Understanding Between The
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,
/s/ President, ACCA
National
Park Service And National Speleological Society
Announce
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).
Name___________________________________
___
Address_________________________________________
______
City__________________________
State_____________
ZIP_________________
___
Please send this form with check/money
order to the
Secretary-Treasurer:
Evelyn Bradshaw,
22407-1261.
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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