Collapse to view only § 4309. Savings provision
- § 4301. Findings, purposes, and policy
- § 4302. Definitions
- § 4303. Management actions
- § 4304. Confidentiality of information concerning nature and location of significant caves
- § 4305. Collection and removal from Federal caves
- § 4306. Prohibited acts and criminal penalties
- § 4307. Civil penalties
- § 4308. Miscellaneous provisions
- § 4309. Savings provision
- § 4310. Establishment of Cave Research Program
§ 4301. Findings, purposes, and policy
(a) Findings
The Congress finds and declares that—
(1) significant caves on Federal lands are an invaluable and irreplaceable part of the Nation’s natural heritage; and
(2) in some instances, these significant caves are threatened due to improper use, increased recreational demand, urban spread, and a lack of specific statutory protection.
(b) Purposes
The purposes of this chapter are—
(1) to secure, protect, and preserve significant caves on Federal lands for the perpetual use, enjoyment, and benefit of all people; and
(2) to foster increased cooperation and exchange of information between governmental authorities and those who utilize caves located on Federal lands for scientific, education, or recreational purposes.
(c) Policy
(Pub. L. 100–691, § 2, Nov. 18, 1988, 102 Stat. 4546.)
§ 4302. Definitions
For purposes of this chapter:
(1) Cave
(2) Federal lands
(3) Indian lands
(4) Indian tribe
(5) Cave resource
(6) Secretary
(7) Speleothem
(8) Speleogen
(Pub. L. 100–691, § 3, Nov. 18, 1988, 102 Stat. 4546.)
§ 4303. Management actions
(a) Regulations
(b) In generalThe Secretary shall take such actions as may be necessary to further the purposes of this chapter. Those actions shall include (but need not be limited to)—
(1) identification of significant caves on Federal lands:
(A) The Secretary shall prepare an initial list of significant caves for lands under his jurisdiction not later than one year after the publication of final regulations using the significance criteria defined in such regulations. Such a list shall be developed after consultation with appropriate private sector interests, including cavers.
(B) The initial list of significant caves shall be updated periodically, after consultation with appropriate private sector interests, including cavers. The Secretary shall prescribe by policy or regulation the requirements and process by which the initial list will be updated, including management measures to assure that caves under consideration for the list are protected during the period of consideration. Each cave recommended to the Secretary by interested groups for possible inclusion on the list of significant caves shall be considered by the Secretary according to the requirements prescribed pursuant to this paragraph, and shall be added to the list if the Secretary determines that the cave meets the criteria for significance as defined by the regulations.
(2) regulation or restriction of use of significant caves, as appropriate;
(3) entering into volunteer management agreements with persons of the scientific and recreational caving community; and
(4) appointment of appropriate advisory committees.
(c) Planning and public participationThe Secretary shall—
(1) ensure that significant caves are considered in the preparation or implementation of any land management plan if the preparation or revision of the plan began after November 18, 1988; and
(2) foster communication, cooperation, and exchange of information between land managers, those who utilize caves, and the public.
(Pub. L. 100–691, § 4, Nov. 18, 1988, 102 Stat. 4547.)
§ 4304. Confidentiality of information concerning nature and location of significant caves
(a) In general
(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.
(Pub. L. 100–691, § 5, Nov. 18, 1988, 102 Stat. 4548.)
§ 4305. Collection and removal from Federal caves
(a) Permit
The Secretary is authorized to issue permits for the collection and removal of cave resources under such terms and conditions as the Secretary may impose, including the posting of bonds to insure compliance with the provisions of any permit:
(1) Any permit issued pursuant to this section shall include information concerning the time, scope, location, and specific purpose of the proposed collection, removal or associated activity, and the manner in which such collection, removal, or associated activity is to be performed must be provided.
(2) The Secretary may issue a permit pursuant to this subsection only if he determines that the proposed collection or removal activities are consistent with the purposes of this chapter, and with other applicable provisions of law.
(b) Revocation of permit
(c) Transferability of permits
(d) Cave resources located on Indian lands
(1)
(A) Upon application by an Indian tribe, the Secretary is authorized to delegate to the tribe all authority of the Secretary under this section with respect to issuing and enforcing permits for the collection or removal of any cave resource, or to carrying out activities associated with such collection or removal, from any cave resource located on the affected Indian lands.
(B) In the case of any permit issued by the Secretary for the collection or removal of any cave resource, or to carry out activities associated with such collection or removal, from any cave resource located on Indian lands (other than permits issued pursuant to subparagraph (A)), the permit may be issued only after obtaining the consent of the Indian or Indian tribe owning or having jurisdiction over such lands. The permit shall include such reasonable terms and conditions as may be requested by such Indian or Indian tribe.
(2) If the Secretary determines that issuance of a permit pursuant to this section may result in harm to, or destruction of, any religious or cultural site, the Secretary, prior to issuing such permit, shall notify any Indian tribe which may consider the site as having significant religious or cultural importance. Such notice shall not be deemed a disclosure to the public for purposes of section 4304 of this title.
(3) A permit shall not be required under this section for the collection or removal of any cave resource located on Indian lands or activities associated with such collection, by the Indian or Indian tribe owning or having jurisdiction over such lands.
(e) Effect of permit
(Pub. L. 100–691, § 6, Nov. 18, 1988, 102 Stat. 4548.)
§ 4306. Prohibited acts and criminal penalties
(a) Prohibited acts
(1) Any person who, without prior authorization from the Secretary knowingly destroys, disturbs, defaces, mars, alters, removes or harms any significant cave or alters the free movement of any animal or plant life into or out of any significant cave located on Federal lands, or enters a significant cave with the intention of committing any act described in this paragraph shall be punished in accordance with subsection (b).
(2) Any person who possesses, consumes, sells, barters or exchanges, or offers for sale, barter or exchange, any cave resource from a significant cave with knowledge or reason to know that such resource was removed from a significant cave located on Federal lands shall be punished in accordance with subsection (b).
(3) Any person who counsels, procures, solicits, or employs any other person to violate any provisions of this subsection shall be punished in accordance with section 1
1 So in original. Probably should be “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 November 18, 1988.
(b) Punishment
(Pub. L. 100–691, § 7, Nov. 18, 1988, 102 Stat. 4549.)
§ 4307. Civil penalties
(a) Assessment
(1) The Secretary may issue an order assessing a civil penalty against any person who violates any prohibition contained in this chapter, any regulation promulgated pursuant to this chapter, or any permit issued under this chapter. Before issuing such an order, the Secretary shall provide such person written notice and the opportunity to request a hearing on the record within 30 days. Each violation shall be a separate offense, even if such violations occurred at the same time.
(2) The amount of such civil penalty shall be determined by the Secretary taking into account appropriate factors, including (A) the seriousness of the violation; (B) the economic benefit (if any) resulting from the violation; (C) any history of such violations; and (D) such other matters as the Secretary deems appropriate. The maximum fine permissible under this section is $10,000.
(b) Judicial review
(c) Collection
If any person fails to pay an assessment of a civil penalty—
(1) within 30 days after the order was issued under subsection (a), or
(2) if the order is appealed within such 30-day period, within 10 days after court has entered a final judgment in favor of the Secretary under subsection (b),
the Secretary shall notify the Attorney General and the Attorney General shall bring a civil action in an appropriate United States district court to recover the amount of penalty assessed (plus costs, attorney’s fees, and interest at currently prevailing rates from the date the order was issued or the date of such final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review.
(d) Subpoenas
(Pub. L. 100–691, § 8, Nov. 18, 1988, 102 Stat. 4550.)
§ 4308. Miscellaneous provisions
(a) Authorization of appropriations
(b) Effect on land management plans
(c) Fund
(d) Existing rights
(Pub. L. 100–691, § 9, Nov. 18, 1988, 102 Stat. 4550.)
§ 4309. Savings provision
(a) Water
Nothing in this chapter shall be construed as authorizing the appropriation of water by any Federal, State, or local agency, Indian tribe, or any other entity or individual. Nor shall any provision of this chapter—
(1) affect the rights or jurisdiction of the United States, the States, Indian tribes, or other entities over waters of any river or stream or over any ground water resource;
(2) alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by the States; or
(3) alter or establish the respective rights of States, the United States, Indian tribes, or any person with respect to any water or water-related right.
(b) Fish and wildlife
(Pub. L. 100–691, § 10, Nov. 18, 1988, 102 Stat. 4551.)
§ 4310. Establishment of Cave Research Program
(a) Establishment
(b) Functions
(c) Emphasis
(Pub. L. 101–578, title II, § 202, Nov. 15, 1990, 104 Stat. 2859.)