§ 4301. — Findings, purposes, and policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4301]
TITLE 16--CONSERVATION
CHAPTER 63--FEDERAL CAVE RESOURCES PROTECTION
Sec. 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
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.
(Pub. L. 100-691, Sec. 2, Nov. 18, 1988, 102 Stat. 4546.)
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subsection (b) are hereby withdrawn from all forms of entry,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.''
