§ 4305. — Collection and removal from Federal caves.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4305]
TITLE 16--CONSERVATION
CHAPTER 63--FEDERAL CAVE RESOURCES PROTECTION
Sec. 4305. 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 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.
(Pub. L. 100-691, Sec. 6, Nov. 18, 1988, 102 Stat. 4548.)
