Federal Cave Resources Protection Act of 1988
PL 100-691 (H.R.1975), enacted 11/18/1988

102 STAT. 4546 
PUBLIC LAW 100-691—NOV. 18, 1988 
Public Law 100-691 
100th Congress 
An Act 
Nov. 18, 1988 
[H.R. 1975] 
Federal Cave 
Resources 
Protection Act of 
1988. 
Minerals and 
mining. 
Conservation. 
16 use 4301 
note. 
16 use 4301. 
16 use 4302. 
To protect cave resources on Federal lands, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be referred to as the "Federal Cave Resources 
Protection Act of 1988". 
SEC. 2. 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 Act are— 
(1) to secure, protect, and preserve significant caves on Fed-
eral lands for the perpetual use, enjoyment, and benefit of all 
people; and 
(2) to foster increased cooperation and exchange of informa-
tion between governmental authorities and those who utilize 
caves located on Federal lands for scientific, education, or rec-
reational purposes. 
(c) PoucY.—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. 
SEC. 3. DEFINITIONS. 
For purposes of this Act: 
(1) CAVE.—The term "cave" means any naturally occurring 
void, cavity, recess, or system of interconnected passages which 
occurs beneath the surface of the earth or within a cliff or ledge 
(including any cave resource therein, but not including any vug, 
mine, tunnel, aqueduct, or other manmade excavation) and 
which is large enough to permit an individual to enter, whether 
or not the entrance is naturally formed or manmade. Such term 
shall include any natural pit, sinkhole, or other feature which is 
an extension of the entrance. 
(2) FEDERAL LANDS.—The term "Federal lands" means lands 
the fee title to which is owned by the 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. 
PUBLIC LAW 100-691—NOV. 18, 1988 
102 STAT. 4547 
(4) INDIAN TRIBE.—The term "Indian tribe" means any Indian 
tribe, band, nation, or other organized group or community of 
Indians, including any Alaska Native village or regional or 
village corporation as defined in, or established pursuant to, the 
Alaska Native Claims settlement Act (43 U.S.C. 1601 et seq.). 
(5) CAVE RESOURCE.—The term "cave resource" includes any 
material or substance occurring naturally in caves on Federal 
lands, such as animal life, plant life, paleontol(^cal deposits, 
sediments, minerals, spele<^ens, 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 forma-
tion of clay or mud. 
(8) SPELEOGEN.—The term "spele<^en" 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 vol-
canic caves. 
SEC. 4. MANAGEMENT ACTIONS. 
16 USC 4303. 
(a) REGULATIONS.—Not later than nine months after the date of 
the enactment of this Act, the Secretary shall issue such r^ulations 
as he deems necessary to achieve the purposes of this Act. Emula-
tions shall include, but not be limited to, criteria for the identifica-
tion 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. 
flt)) IN GENERAL.—The Secretary shall take such actions as may be 
necessary to further the purposes of this Act. Those actions shall 
include Obut need not be limited to)— 
(1) identification of significant caves on Federal lands: 
(A) The Secretary shall prepare an initial list of signifi- Records. 
cant caves for lands under his jurisdiction not later than 
one year after the publication of final r^ulations using the 
significance criteria defined in such r^ulations. Such a list 
shall be developed after consultation with appropriate pri-
vate 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 pre- Regulations. 
scribe by policy or regulation the requirements and process 
by which the initial list will be updated, including manage-
ment 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 
r^ulations. 
102 STAT. 4548 
PUBLIC LAW 100-691—NOV. 18, 1988 
State and local 
governments. 
Schools and 
colleges. 
(2) r^ulation or restriction of use of significant caves, as 
appropriate; 
Contracts. 
(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 the enact-
. ment of this Act; and 
(2) foster communication, cooperation, and exchange of 
information between land managers, those who utilize caves, 
and the public. 
16 use 4304. 
SEC. 5. COFIDENTIALITY OF INFORMATION CONCERNING NATURE 
AND LOCATION OF SIGNIFICANT CAVES. 
(a) IN GENERAL.—Information concerning the si^ecific location of 
any significant cave may not be made available to the public under 
section 552 of title 5, United States Code, unless the Secretary 
determines that disclosure of such information would further the 
purposes of this Act and would not create a substantial risk of harm, 
theft, or destruction of such cave. 
(b) EXCEPTIONS.—Notwithstanding subsection (a), the Secretary 
may make available information regarding signiiicant 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 ade-
quate 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. 
16 use 4305. 
SEC. 6. 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 activ-
ity, 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 subsec-
tion only if he determines that the proposed collection or re-
moval 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 Sec-
retary upon assessment of a civil penalty against the permittee 
PUBLIC LAW 100-691—NOV. 18, 1988 
102 STAT. 4549 
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.—(IXA) Upon 
application by an Indian tribe, the Secretary is authorized to dele-
gate 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 jurisdic-
tion 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 Religion. 
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 reUgious 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 requited 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) EIFFECT OF PERMIT.—No action specifically authorized by a 
permit under this section shall be treat^ as a violation of section 7. 
SEC. 7. PROHIBITED ACTS AND CRIMINAL PENALTIES. 
16 USC 4306. 
(a) PROHIBITED ACTS.— 
(1) Any person who, without prior authorization from the Animals. 
Secretary knowingly destroys, disturbs, defaces, mars, alters. Plants. 
removes or harms any significant cave or alters the free move-
ment 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 subs^ion 
shall be punished in accordance with section (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. 
102 STAT. 4550 
PUBLIC LAW 100-691—NOV. 18, 1988 
District of 
Columbia. 
(b) PUNISHMENT.—The punishment for violating any provision of 
subsection (a) shall be imprisonment of not more than one year or a 
fine in accordance with the applicable provisions of title 18 of the 
United States Code, or both. In the case of a second or subsequent 
violation, the punishment shall be imprisonment of not more than 3 
years or a fine in accordance with the applicable provisions of title 
18 of the United States Code, or both. 
16 use 4307. 
SEC. 8. CIVIL PENALTIES. 
(a) ASSESSMENT.—(1) The Secretary may issue an order assessing a 
civil penalty against any person who violates any prohibition con-
tained in this Act, any regulation promulgated pursuant to this act, 
or any permit issued under this Act. Before issuing such an order, 
the Secretary shall provide such person written notice and the 
opportunity to request a hearing on the record within 30 days. Each 
violation shall be a separate offense, even if such violations occurred 
at the same time. 
(2) The amount of such civil penalty shall be determined by the 
Secretary taking into account appropriate factors, including (A) the 
seriousness of the violation; (B) the economic benefit (if any) result-
ing from the violation; (C) any history of such violations; and (D) 
such other matters as the Secretary deems appropriate. The maxi-
mum fine permissible under this section is $10,000. 
0?) 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), 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 Ob), 
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 appro-
priateness 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 
Courts, U.S. 
subpoena under this section. The district courts shall have jurisdic-
tion to enforce such subpoenas and impose sanctions. 
16 u s e 4308. 
SEC. 9. MISCELLANEOUS PROVISIONS. 
(a) AUTHORIZATION.—There are authorized to be appropriated 
$100,000 to carry out the purposes of this Act. 
0)) EFFECT ON LAND MANAGEMENT PLANS.—Nothing in this Act 
shall require the amendment or revision of any land management 
\'. ^St'^*.-.- % 
PUBLIC LAW 100-691—NOV. 18, 1988 
102 STAT. 4551 
plan the preparation of which began prior to the enactment of this 
Act. 
(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 signifi-
cant 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 United States, or 
otherwise affect valid existing rights. 
SEC. 10. SAVINGS PROVISIONS. 
16 USC 4309. 
(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 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 WILDUFE.—Nothing in this Act shall be construed as 
affecting the jurisdiction or responsibilities of the States with 
respect to fish and wildlife. 
Approved November 18, 1988. 
LEGISLATIVE HISTORY—H.R. 1975: 
HOUSE REPORTS: No. 100-534 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 100-559 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Mar. 28, considered and passed House. 
Oct. 21, considered and passed Senate, amended. House concurred in Senate 
amendment. 
19-194 0-91—Part 5 
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