-CITE-
    16 USC CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION       01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-
              CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION          

-MISC1-
    Sec.                                                     
    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.               

-End-

-CITE-
    16 USC Sec. 4301                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-
    Sec. 4301. Findings, purposes, and policy

-STATUTE-
    (a) Findings
      The Congress finds and declares that - 
        (1) significant caves on Federal lands are an invaluable and
      irreplaceable part of the Nation's natural heritage; and
        (2) in some instances, these significant caves are threatened
      due to improper use, increased recreational demand, urban spread,
      and a lack of specific statutory protection.
    (b) Purposes
      The purposes of this chapter are - 
        (1) to secure, protect, and preserve significant caves on
      Federal lands for the perpetual use, enjoyment, and benefit of
      all people; and
        (2) to foster increased cooperation and exchange of information
      between governmental authorities and those who utilize caves
      located on Federal lands for scientific, education, or
      recreational purposes.
    (c) Policy
      It is the policy of the United States that Federal lands be
    managed in a manner which protects and maintains, to the extent
    practical, significant caves.

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

-MISC1-
                                SHORT TITLE                            
      Section 1 of Pub. L. 100-691 provided that: "This Act [enacting
    this chapter] may be referred to as the 'Federal Cave Resources
    Protection Act of 1988'."

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

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Lechuguilla Cave Protection Act of
    1993'.

      "SEC. 2. FINDING.
      "Congress finds that Lechuguilla Cave and adjacent public lands
    have internationally significant scientific, environmental, and
    other values, and should be retained in public ownership and
    protected against adverse effects of mineral exploration and
    development and other activities presenting threats to the areas.

      "SEC. 3. LAND WITHDRAWAL.
      "(a) Withdrawal. - Subject to valid existing rights, all Federal
    lands within the boundaries of the cave protection area described
    in subsection (b) are hereby withdrawn from all forms of entry,
    appropriation, or disposal under the public land laws; from
    location, entry, and patent under the United States mining laws;
    and from disposition under all laws pertaining to mineral and
    geothermal leasing, and all amendments thereto.
      "(b) Land Description. - The cave protection area referred to in
    subsection (a) shall consist of approximately 6,280 acres of lands
    in New Mexico as generally depicted on the map entitled
    'Lechuguilla Cave Protection Area' numbered 130/80,055 and dated
    April 1993.
      "(c) Publication, Filing, Correction, and Inspection. - (1) As
    soon as practicable after the date of enactment of this Act [Dec.
    2, 1993], the Secretary of the Interior (hereinafter referred to as
    the 'Secretary') shall publish in the Federal Register the legal
    description of the lands withdrawn under subsection (a) and shall
    file such legal description and a detailed map with the Committee
    on Energy and Natural Resources of the United States Senate and the
    Committee on Natural Resources of the United States House of
    Representatives.
      "(2) Such map and legal description shall have the same force and
    effect as if included in this Act except that the Secretary may
    correct clerical and typographical errors.
      "(3) Copies of such map and legal description shall be available
    for inspection in the appropriate offices of the Bureau of Land
    Management.

      "SEC. 4. MANAGEMENT OF EXISTING LEASES.
      "(a) Suspension. - The Secretary shall not permit any new
    drilling on or involving any Federal mineral or geothermal lease
    within the cave protection area referred to in section 3(a) until
    the effective date of the Record of Decision for the Dark Canyon
    Environmental Impact Statement, or for 12 months after the date of
    enactment of this Act [Dec. 2, 1993], whichever occurs first.
      "(b) Authority To Cancel Existing Mineral or Geothermal Leases. -
    Upon the effective date of the Record of Decision for the Dark
    Canyon Environmental Impact Statement and in order to protect
    Lechuguilla Cave or other cave resources, the Secretary is
    authorized to - 
        "(1) cancel any Federal mineral or geothermal lease in the cave
      protection area referred to in section 3(a); or
        "(2) enter into negotiations with the holder of a Federal
      mineral or geothermal lease in the cave protection area referred
      to in section 3(a) to determine appropriate compensation, if any,
      for the complete or partial termination of such lease.

      "SEC. 5. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS.
      "(a) In General. - In order to protect Lechuguilla Cave or
    Federal lands within the cave protection area, the Secretary,
    subject to valid existing rights, may limit or prohibit access to
    or across lands owned by the United States or prohibit the removal
    from such lands of any mineral, geological, or cave resources:
    Provided, That existing access to private lands within the cave
    protection area shall not be affected by this subsection.
      "(b) No Effect on Pipelines. - Nothing in this title [Act] shall
    have the effect of terminating any validly issued right-of-way, or
    customary operation, maintenance, repair, and replacement
    activities in such right-of-way; prohibiting the upgrading of and
    construction on existing facilities in such right-of-way for the
    purpose of increasing capacity of the existing pipeline; or
    prohibiting the renewal of such right-of-way within the cave
    protection area referred to in section 3(a).
      "(c) Relation to Other Laws. - Nothing in this Act shall be
    construed as increasing or diminishing the ability of any party to
    seek compensation pursuant to other applicable law, including but
    not limited to the Tucker Act (28 U.S.C. 1491), or as precluding
    any defenses or claims otherwise available to the United States in
    connection with any action seeking such compensation from the
    United States.

      "SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
      "There is hereby authorized to be appropriated such sums as may
    be necessary to carry out this Act: Provided, That no funds shall
    be made available except to the extent, or in such amounts as are
    provided in advance in appropriation Acts."

-End-

-CITE-
    16 USC Sec. 4302                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-
    Sec. 4302. Definitions

-STATUTE-
      For purposes of this chapter:
      (1) Cave
        The term "cave" means any naturally occurring void, cavity,
      recess, or system of interconnected passages which occurs beneath
      the surface of the earth or within a cliff or ledge (including
      any cave resource therein, but not including any vug, mine,
      tunnel, aqueduct, or other manmade excavation) and which is large
      enough to permit an individual to enter, whether or not the
      entrance is naturally formed or manmade. Such term shall include
      any natural pit, sinkhole, or other feature which is an extension
      of the entrance.
      (2) Federal lands
        The term "Federal lands" means lands the fee title to which is
      owned by the United States and administered by the Secretary of
      Agriculture or the Secretary of the Interior.
      (3) Indian lands
        The term "Indian lands" means lands of Indian tribes or Indian
      individuals which are either held in trust by the United States
      for the benefit of an Indian tribe or subject to a restriction
      against alienation imposed by the United States.
      (4) Indian tribe
        The term "Indian tribe" means any Indian tribe, band, nation,
      or other organized group or community of Indians, including any
      Alaska Native village or regional or village corporation as
      defined in, or established pursuant to, the Alaska Native Claims
      settlement (!1) Act (43 U.S.C. 1601 et seq.).

      (5) Cave resource
        The term "cave resource" includes any material or substance
      occurring naturally in caves on Federal lands, such as animal
      life, plant life, paleontological deposits, sediments, minerals,
      speleogens, and speleothems.
      (6) Secretary
        The term "Secretary" means the Secretary of Agriculture or the
      Secretary of the Interior, as appropriate.
      (7) Speleothem
        The term "speleothem" means any natural mineral formation or
      deposit occurring in a cave or lava tube, including but not
      limited to any stalactite, stalagmite, helictite, cave flower,
      flowstone, concretion, drapery, rimstone, or formation of clay or
      mud.
      (8) Speleogen
        The term "speleogen" means relief features on the walls,
      ceiling, and floor of any cave or lava tube which are part of the
      surrounding bedrock, including but not limited to anastomoses,
      scallops, meander niches, petromorphs and rock pendants in
      solution caves and similar features unique to volcanic caves.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in par. (4),
    is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which
    is classified generally to chapter 33 (Sec. 1601 et seq.) of Title
    43, Public Lands. For complete classification of this Act to the
    Code, see Short Title note set out under section 1601 of Title 43
    and Tables.

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

-End-

-CITE-
    16 USC Sec. 4303                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-
    Sec. 4303. Management actions

-STATUTE-
    (a) Regulations
      Not later than nine months after November 18, 1988, the Secretary
    shall issue such regulations as he deems necessary to achieve the
    purposes of this chapter. Regulations shall include, but not be
    limited to, criteria for the identification of significant caves.
    The Secretaries shall cooperate and consult with one another in
    preparation of the regulations. To the extent practical,
    regulations promulgated by the respective Secretaries should be
    similar.
    (b) In general
      The Secretary shall take such actions as may be necessary to
    further the purposes of this chapter. Those actions shall include
    (but need not be limited to) - 
        (1) identification of significant caves on Federal lands:
          (A) The Secretary shall prepare an initial list of
        significant caves for lands under his jurisdiction not later
        than one year after the publication of final regulations using
        the significance criteria defined in such regulations. Such a
        list shall be developed after consultation with appropriate
        private sector interests, including cavers.
          (B) The initial list of significant caves shall be updated
        periodically, after consultation with appropriate private
        sector interests, including cavers. The Secretary shall
        prescribe by policy or regulation the requirements and process
        by which the initial list will be updated, including management
        measures to assure that caves under consideration for the list
        are protected during the period of consideration. Each cave
        recommended to the Secretary by interested groups for possible
        inclusion on the list of significant caves shall be considered
        by the Secretary according to the requirements prescribed
        pursuant to this paragraph, and shall be added to the list if
        the Secretary determines that the cave meets the criteria for
        significance as defined by the regulations.

        (2) regulation or restriction of use of significant caves, as
      appropriate;
        (3) entering into volunteer management agreements with persons
      of the scientific and recreational caving community; and
        (4) appointment of appropriate advisory committees.
    (c) Planning and public participation
      The Secretary shall - 
        (1) ensure that significant caves are considered in the
      preparation or implementation of any land management plan if the
      preparation or revision of the plan began after November 18,
      1988; and
        (2) foster communication, cooperation, and exchange of
      information between land managers, those who utilize caves, and
      the public.

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

-End-

-CITE-
    16 USC Sec. 4304                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-
    Sec. 4304. Confidentiality of information concerning nature and
      location of significant caves

-STATUTE-
    (a) In general
      Information concerning the specific location of any significant
    cave may not be made available to the public under section 552 of
    title 5 unless the Secretary determines that disclosure of such
    information would further the purposes of this chapter and would
    not create a substantial risk of harm, theft, or destruction of
    such cave.
    (b) Exceptions
      Notwithstanding subsection (a) of this section, the Secretary may
    make available information regarding significant caves upon the
    written request by Federal and State governmental agencies or bona
    fide educational and research institutions. Any such written
    request shall, at a minimum - 
        (1) describe the specific site or area for which information is
      sought;
        (2) explain the purpose for which such information is sought;
      and
        (3) include assurances satisfactory to the Secretary that
      adequate measures are being taken to protect the confidentiality
      of such information and to ensure the protection of the
      significant cave from destruction by vandalism and unauthorized
      use.

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

-End-

-CITE-
    16 USC Sec. 4305                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-
    Sec. 4305. Collection and removal from Federal caves

-STATUTE-
    (a) Permit
      The Secretary is authorized to issue permits for the collection
    and removal of cave resources under such terms and conditions as
    the Secretary may impose, including the posting of bonds to insure
    compliance with the provisions of any permit:
        (1) Any permit issued pursuant to this section shall include
      information concerning the time, scope, location, and specific
      purpose of the proposed collection, removal or associated
      activity, and the manner in which such collection, removal, or
      associated activity is to be performed must be provided.
        (2) The Secretary may issue a permit pursuant to this
      subsection only if he determines that the proposed collection or
      removal activities are consistent with the purposes of this
      chapter, and with other applicable provisions of law.
    (b) Revocation of permit
      Any permit issued under this section shall be revoked by the
    Secretary upon a determination by the Secretary that the permittee
    has violated any provision of this chapter, or has failed to comply
    with any other condition upon which the permit was issued. Any such
    permit shall be revoked by the Secretary upon assessment of a civil
    penalty against the permittee pursuant to section 4307 of this
    title or upon the permittee's conviction under section 4306 of this
    title. The Secretary may refuse to issue a permit under this
    section to any person who has violated any provision of this
    chapter or who has failed to comply with any condition of a prior
    permit.
    (c) Transferability of permits
      Permits issued under this chapter are not transferable.
    (d) Cave resources located on Indian lands
      (1)(A) Upon application by an Indian tribe, the Secretary is
    authorized to delegate to the tribe all authority of the Secretary
    under this section with respect to issuing and enforcing permits
    for the collection or removal of any cave resource, or to carrying
    out activities associated with such collection or removal, from any
    cave resource located on the affected Indian lands.
      (B) In the case of any permit issued by the Secretary for the
    collection or removal of any cave resource, or to carry out
    activities associated with such collection or removal, from any
    cave resource located on Indian lands (other than permits issued
    pursuant to subparagraph (A)), the permit may be issued only after
    obtaining the consent of the Indian or Indian tribe owning or
    having jurisdiction over such lands. The permit shall include such
    reasonable terms and conditions as may be requested by such Indian
    or Indian tribe.
      (2) If the Secretary determines that issuance of a permit
    pursuant to this section may result in harm to, or destruction of,
    any religious or cultural site, the Secretary, prior to issuing
    such permit, shall notify any Indian tribe which may consider the
    site as having significant religious or cultural importance. Such
    notice shall not be deemed a disclosure to the public for purposes
    of section 4304 of this title.
      (3) A permit shall not be required under this section for the
    collection or removal of any cave resource located on Indian lands
    or activities associated with such collection, by the Indian or
    Indian tribe owning or having jurisdiction over such lands.
    (e) Effect of permit
      No action specifically authorized by a permit under this section
    shall be treated as a violation of section 4306 of this title.

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

-End-

-CITE-
    16 USC Sec. 4306                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-
    Sec. 4306. Prohibited acts and criminal penalties

-STATUTE-
    (a) Prohibited acts
      (1) Any person who, without prior authorization from the
    Secretary knowingly destroys, disturbs, defaces, mars, alters,
    removes or harms any significant cave or alters the free movement
    of any animal or plant life into or out of any significant cave
    located on Federal lands, or enters a significant cave with the
    intention of committing any act described in this paragraph shall
    be punished in accordance with subsection (b) of this section.
      (2) Any person who possesses, consumes, sells, barters or
    exchanges, or offers for sale, barter or exchange, any cave
    resource from a significant cave with knowledge or reason to know
    that such resource was removed from a significant cave located on
    Federal lands shall be punished in accordance with subsection (b)
    of this section.
      (3) Any person who counsels, procures, solicits, or employs any
    other person to violate any provisions of this subsection shall be
    punished in accordance with section (!1) (b) of this section.

      (4) Nothing in this section shall be deemed applicable to any
    person who was in lawful possession of a cave resource from a
    significant cave prior to November 18, 1988.
    (b) Punishment
      The punishment for violating any provision of subsection (a) of
    this section shall be imprisonment of not more than one year or a
    fine in accordance with the applicable provisions of title 18, or
    both. In the case of a second or subsequent violation, the
    punishment shall be imprisonment of not more than 3 years or a fine
    in accordance with the applicable provisions of title 18, or both.

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

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".

-End-

-CITE-
    16 USC Sec. 4307                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-
    Sec. 4307. Civil penalties

-STATUTE-
    (a) Assessment
      (1) The Secretary may issue an order assessing a civil penalty
    against any person who violates any prohibition contained in this
    chapter, any regulation promulgated pursuant to this chapter, or
    any permit issued under this chapter. Before issuing such an order,
    the Secretary shall provide such person written notice and the
    opportunity to request a hearing on the record within 30 days. Each
    violation shall be a separate offense, even if such violations
    occurred at the same time.
      (2) The amount of such civil penalty shall be determined by the
    Secretary taking into account appropriate factors, including (A)
    the seriousness of the violation; (B) the economic benefit (if any)
    resulting from the violation; (C) any history of such violations;
    and (D) such other matters as the Secretary deems appropriate. The
    maximum fine permissible under this section is $10,000.
    (b) Judicial review
      Any person aggrieved by an assessment of a civil penalty under
    this section may file a petition for judicial review of such
    assessment with the United States District Court for the District
    of Columbia or for the district in which the violation occurred.
    Such a petition shall be filed within the 30-day period beginning
    on the date the order assessing the civil penalty was issued.
    (c) Collection
      If any person fails to pay an assessment of a civil penalty - 
        (1) within 30 days after the order was issued under subsection
      (a) of this section, or
        (2) if the order is appealed within such 30-day period, within
      10 days after court has entered a final judgment in favor of the
      Secretary under subsection (b) of this section,

    the Secretary shall notify the Attorney General and the Attorney
    General shall bring a civil action in an appropriate United States
    district court to recover the amount of penalty assessed (plus
    costs, attorney's fees, and interest at currently prevailing rates
    from the date the order was issued or the date of such final
    judgment, as the case may be). In such an action, the validity,
    amount, and appropriateness of such penalty shall not be subject to
    review.
    (d) Subpoenas
      The Secretary may issue subpoenas in connection with proceedings
    under this subsection compelling the attendance and testimony of
    witnesses and subpoenas duces tecum, and may request the Attorney
    General to bring an action to enforce any subpoena under this
    section. The district courts shall have jurisdiction to enforce
    such subpoenas and impose sanctions.

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

-End-

-CITE-
    16 USC Sec. 4308                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-
    Sec. 4308. Miscellaneous provisions

-STATUTE-
    (a) Authorization of appropriations
      There are authorized to be appropriated $100,000 to carry out the
    purposes of this chapter.
    (b) Effect on land management plans
      Nothing in this chapter shall require the amendment or revision
    of any land management plan the preparation of which began prior to
    November 18, 1988.
    (c) Fund
      Any money collected by the United States as permit fees for
    collection and removal of cave resources; received by the United
    States as a result of the forfeiture of a bond or other security by
    a permittee who does not comply with the requirements of such
    permit issued under section 4306 of this title; or collected by the
    United States by way of civil penalties or criminal fines for
    violations of this chapter shall be placed in a special fund in the
    Treasury. Such moneys shall be available for obligation or
    expenditure (to the extent provided for in advance in appropriation
    Acts) as determined by the Secretary for the improved management,
    benefit, repair, or restoration of significant caves located on
    Federal lands.
    (d) Existing rights
      Nothing in this chapter shall be deemed to affect the full
    operation of the mining and mineral leasing laws of the United
    States, or otherwise affect valid existing rights.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      The mining laws and mineral leasing laws of the United States,
    referred to in subsec. (d), are classified generally to Title 30,
    Mineral Lands and Mining.

-End-

-CITE-
    16 USC Sec. 4309                                            01/03/2007

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    CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-
    Sec. 4309. Savings provision

-STATUTE-
    (a) Water
      Nothing in this chapter shall be construed as authorizing the
    appropriation of water by any Federal, State, or local agency,
    Indian tribe, or any other entity or individual. Nor shall any
    provision of this chapter - 
        (1) affect the rights or jurisdiction of the United States, the
      States, Indian tribes, or other entities over waters of any river
      or stream or over any ground water resource;
        (2) alter, amend, repeal, interpret, modify, or be in conflict
      with any interstate compact made by the States; or
        (3) alter or establish the respective rights of States, the
      United States, Indian tribes, or any person with respect to any
      water or water-related right.
    (b) Fish and wildlife
      Nothing in this chapter shall be construed as affecting the
    jurisdiction or responsibilities of the States with respect to fish
    and wildlife.

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

-End-

-CITE-
    16 USC Sec. 4310                                            01/03/2007

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    TITLE 16 - CONSERVATION
    CHAPTER 63 - FEDERAL CAVE RESOURCES PROTECTION

-HEAD-
    Sec. 4310. Establishment of Cave Research Program

-STATUTE-
    (a) Establishment
      In order to provide for needed research relating to cave
    resources on certain lands in the United States, the Secretary of
    the Interior, acting through the Director of the National Park
    Service shall establish and administer a Cave Research Program
    (hereinafter in this section referred to as the "Program"). The
    Program shall include the orderly and scholarly collection,
    analysis, and dissemination of research material related to caves
    in lands managed by the National Park Service including, but not
    limited to, Carlsbad Caverns National Park and the Capitan Reef
    area.
    (b) Functions
      The Program shall produce educational and interpretive
    information and materials vital to public understanding of cave
    geology, assist students and researchers, and provide for a
    comprehensive evaluation of cave resources and measures needed for
    their protection.
    (c) Emphasis
      The program (!1) shall be directed primarily toward lands managed
    by the National Park Service, but the Secretary of the Interior may
    enter into cooperative agreements with other agencies or entities
    as may be appropriate to carry out the purposes of this section.

-SOURCE-
    (Pub. L. 101-578, title II, Sec. 202, Nov. 15, 1990, 104 Stat.
    2859.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This section, referred to in subsecs. (a) and (c), was in the
    original "this title" meaning title II of Pub. L. 101-578, Nov. 15,
    1990, 104 Stat. 2859, which enacted this section and provisions set
    out as notes below. For complete classification of title II to the
    Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Federal Cave Resources
    Protection Act of 1988 which comprises this chapter.

-MISC1-
                NATIONAL CAVE AND KARST RESEARCH INSTITUTE            
      Pub. L. 105-325, Oct. 30, 1998, 112 Stat. 3038, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'National Cave and Karst Research
    Institute Act of 1998'.

      "SEC. 2. PURPOSES.
      "The purposes of this Act are - 
        "(1) to further the science of speleology;
        "(2) to centralize and standardize speleological information;
        "(3) to foster interdisciplinary cooperation in cave and karst
      research programs;
        "(4) to promote public education;
        "(5) to promote national and international cooperation in
      protecting the environment for the benefit of cave and karst
      landforms; and
        "(6) to promote and develop environmentally sound and
      sustainable resource management practices.

      "SEC. 3. ESTABLISHMENT OF THE INSTITUTE.
      "(a) In General. - The Secretary of the Interior (referred to in
    this Act as the 'Secretary'), acting through the Director of the
    National Park Service, shall establish the National Cave and Karst
    Research Institute (referred to in this Act as the 'Institute').
      "(b) Purposes. - The Institute shall, to the extent practicable,
    further the purposes of this Act.
      "(c) Location. - The Institute shall be located in the vicinity
    of Carlsbad Caverns National Park, in the State of New Mexico. The
    Institute shall not be located inside the boundaries of Carlsbad
    Caverns National Park.

      "SEC. 4. ADMINISTRATION OF THE INSTITUTE.
      "(a) Management. - The Institute shall be jointly administered by
    the National Park Service and a public or private agency,
    organization, or institution, as determined by the Secretary.
      "(b) Guidelines. - The Institute shall be operated and managed in
    accordance with the study prepared by the National Park Service
    pursuant to section 203 of the Act entitled 'An Act to conduct
    certain studies in the State of New Mexico', approved November 15,
    1990 (Public Law 101-578; 16 U.S.C. 4310 note).
      "(c) Contracts and Cooperative Agreements. - The Secretary may
    enter into a contract or cooperative agreement with a public or
    private agency, organization, or institution to carry out this Act.
      "(d) Facility. - 
        "(1) Leasing or acquiring a facility. - The Secretary may lease
      or acquire a facility for the Institute.
        "(2) Construction of a facility. - If the Secretary determines
      that a suitable facility is not available for a lease or
      acquisition under paragraph (1), the Secretary may construct a
      facility for the Institute.
      "(e) Acceptance of Grants and Transfers. - To carry out this Act,
    the Secretary may accept - 
        "(1) a grant or donation from a private person; or
        "(2) a transfer of funds from another Federal agency.

      "SEC. 5. FUNDING.
      "(a) Matching Funds. - The Secretary may spend only such amount
    of Federal funds to carry out this Act as is matched by an equal
    amount of funds from non-Federal sources.
      "(b) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as may be necessary to carry out this
    Act."

                          CONGRESSIONAL FINDINGS                      
      Section 201 of Pub. L. 101-578 provided that: "The Congress makes
    the following findings:
        "(1) The World's most exposed fossil reef, Capitan Reef, in
      southern New Mexico that includes Carlsbad Caverns, contains over
      300 caves, including 75 identified caves in Carlsbad Caverns
      National Park and 22 caves in Guadalupe Mountains National Park.
        "(2) Recent explorations of Lechuguilla Cave at Carlsbad
      Caverns National Park have provided much new information about
      the wonders of this cave including the fact that it is the second
      deepest cave in the United States and contains outstanding world-
      class cave features such as gypsum crystal chandeliers and
      gypsum flowers.
        "(3) The Lechuguilla Cave has been described by cave
      researchers as possibly the finest cave in America.
        "(4) The interest and excitement of cave researchers throughout
      the world have been focused on Carlsbad Caverns National Park.
        "(5) Cave researchers could use this research institute as an
      operational base for study of caves in other regions and as a
      focal point for storage of data on cave geology and speleology.
        "(6) The Congress, with the passage of Public Law 100-691, the
      Federal Cave Resources Protection Act of 1988 [16 U.S.C. 4301 et
      seq.], recognized the significance of cave resources on Federal
      lands and established the policy that Federal lands be managed in
      a manner which protects and maintains, to the extent practicable,
      significant cave resources."

                       CAVE RESEARCH INSTITUTE STUDY                   
      Section 203 of Pub. L. 101-578 directed Secretary of the
    Interior, not later than one year after Nov. 15, 1990, to prepare
    and transmit to Congress a study on the feasibility of establishing
    a Cave Research Institute.

                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 204 of title II of Pub. L. 101-578 provided that: "There
    are authorized to be appropriated such sums as may be necessary to
    carry out the provisions of this title [enacting this section and
    provisions set out as notes above]."

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

-End-