[Title 36 CFR 290]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 36 - PARKS, FORESTS, AND PUBLIC PROPERTY]
[Chapter II - FOREST SERVICE, DEPARTMENT OF AGRICULTURE]
[Part 290 - CAVE RESOURCES MANAGEMENT]
[From the U.S. Government Printing Office]


36PARKS, FORESTS, AND PUBLIC PROPERTY22002-07-012002-07-01false290PART 290PARKS, FORESTS, AND PUBLIC PROPERTYFOREST SERVICE, DEPARTMENT OF AGRICULTURE
PART 290--CAVE RESOURCES MANAGEMENT--Table of Contents




Sec.
290.1  Purpose and scope.
290.2  Definitions.
290.3  Nomination, evaluation, and designation of significant caves.
290.4  Confidentiality of cave location information.
290.5  Collection of information.

    Authority: 16 U.S.C. 4301-4309; 102 Stat. 4546.

    Source: 59 FR 31152, June 17, 1994, unless otherwise noted.



Sec. 290.1  Purpose and scope.

    The rules of this part implement the requirements of the Federal 
Cave Resources Protection Act (16 U.S.C. 4301-4309), hereafter referred 
to as the ``Act''. The rules apply to cave management on National Forest 
System lands. These rules, in conjunction with rules in part 261 of this 
chapter, provide the basis for identifying and managing significant 
caves on National Forest System lands in accordance with the Act. 
National Forest System lands will be managed in a manner which, to the 
extent practical, protects and maintains significant cave resources in 
accordance with the policies outlined in the Forest Service Directive 
System and the management direction contained in the individual forest 
plans.



Sec. 290.2  Definitions.

    For the purposes of this part, the terms listed in this section have 
the following meaning:
    Authorized officer means the Forest Service employee delegated the 
authority to perform the duties described in this part.
    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 and which is large enough to permit a person to enter, 
whether the entrance is excavated or naturally formed. Such

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term shall include any natural pit, sinkhole, or other opening which is 
an extension of a cave entrance or which is an integral part of the 
cave.
    Cave resources mean any materials or substances occurring in caves 
including, but not limited to, biotic, cultural, mineralogic, 
paleontologic, geologic, and hydrologic resources.
    National Forest System lands means all national forest lands 
reserved or withdrawn from the public domain, acquired through purchase, 
exchange, or donation, national grasslands and land utilization 
projects, and other lands, waters, or interests administered by the 
Forest Service.
    Secretary means the Secretary of Agriculture.
    Significant cave means a cave located on National Forest System 
lands that has been determined to meet the criteria in Sec. 290.3 (c) or 
(d) and has been designated in accordance with Sec. 290.3(e).



Sec. 290.3  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, or recreational purposes, 
the opportunity to nominate caves. The authorized officer shall give 
public notice, including a notice published in the Federal Register, 
calling for nominations for the initial listing and setting forth the 
procedures for preparing and submitting the nominations. Nominations for 
subsequent listings will be accepted from governmental agencies and the 
public by the Forest Supervisor where the cave is located as new cave 
discoveries are made. Caves nominated but not approved for designation 
may be renominated as additional 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 caves and cave resources, within the limits 
imposed by the confidentiality provisions of Sec. 290.4. Nominations 
shall be evaluated using the criteria in Sec. 290.3 (c) and (d).
    (c) Criteria for significant caves. A significant cave on National 
Forest System 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 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 archeological 
resources (as defined in Parts 800.2 and 296.3 of this chapter 
respectively, or in 16 U.S.C. 470, et seq.), or other features included 
in or eligible for inclusion on 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, represent 
formation processes that are of scientific interest, 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 or scientific information.
    (4) Hydrologic. The cave is a part of a hydrologic system or 
contains water which 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) Specially designated areas. All caves located within special 
management areas, such as Special Geologic Areas, Research Natural 
Areas, or National Monuments, that are designated wholly or in part due 
to the cave resources found therein are determined to be significant.

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    (e) 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) 
of this section, the authorized officer shall designate the cave as 
significant. The authorized officer will notify the nominating party of 
the results of the evaluation and designation. Each forest will retain 
appropriate documentation for all significant caves located within its 
administrative boundaries. At a minimum, this 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 Sec. 290.4.
    (f) Undiscovered passages. If a cave is determined to be 
significant, its entire extent on federal land, 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 
other Federal agency into National Forest System lands, as well as caves 
initially believed to be separate for which interconnecting passages are 
discovered after significance is determined.
    (g) Decision final. The decision to designate or not designate a 
cave as significant is made at the sole discretion of the authorized 
officer based upon the criteria in paragraphs (c) and (d) of this 
section and is not subject to further administrative review of appeal 
under Parts 217 or 251.82 of this chapter.



Sec. 290.4  Confidentiality of cave location information.

    (a) Information disclosure. No Forest Service employee shall 
disclose any information that could be used to determine the location of 
a significant cave or a cave nominated for designation, unless the 
authorized officer determines that disclosure will further the purposes 
of the Act and will not create a substantial risk of harm, theft, or 
destruction to cave resources.
    (b) Requesting confidential information. Notwithstanding paragraph 
(a) of this section, the authorized officer may make confidential cave 
information available to Federal or State governmental agencies, bona 
fide educational or research institutes, or individuals or organizations 
assisting the land management agencies with cave management activities. 
To request confidential cave information, such entities shall make a 
written request to the authorized officer which 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. The decision to permit or deny access to 
confidential cave information is made at the sole discretion of the 
authorized officer and is not subject to further administrative review 
or appeal under 5 U.S.C. 552 or parts 217 or 251.82 of this chapter.



Sec. 290.5  Collection of information.

    The collection of information contained in this rule represents new 
information requirements as defined in 5 CFR part 1320, Controlling 
Paperwork Burdens on the Public. In accordance with those rules and the 
Paperwork Reduction Act of 1980 as amended (44 U.S.C. 3507), the Forest 
Service has received approval by the Office of Management and Budget to 
collect cave nomination information under clearance number 0596-0123 and 
confidential information under 0596-0122. 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

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Cave Resources Protection Act of 1988 (16 U.S.C. 4304).