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CFR
Title 43—Public Lands: Interior
Subtitle A—Office of the Secretary of the Interior
Part 37—Cave Management |
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| Subpart
A—Cave Management—General |
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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.
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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. Return
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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. Return
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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.
(c) 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 United States and administered by the Secretary of
the Interior.
(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 s 37.11(c).
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37.5 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 1004-016 5/6 , Washington, D.C. 20503.
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B—Cave Designation |
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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 s 37.12 of this
part. Nominations will be evaluated using the criteria in
s 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 CFR 60.4 and 43 CFR 7.3) or
other features that are included in or eligible for inclusion
in the National Register of Historic Places because of their
research importance for history or prehistory, historical
associations, or other historical or traditional significance.
(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 a 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 meets 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 authorized 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 s 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 CFR part 4.
(h) If a cave is determined to be significant, its entire
extent, including passages not mapped or discovered at the
time 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.
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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 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 CFR parts 2 or 4.
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Cave
and Karst Program
Geologic Resources Division
National Park Service |
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