§ 4310. — Establishment of Cave Research Program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4310]
TITLE 16--CONSERVATION
CHAPTER 63--FEDERAL CAVE RESOURCES PROTECTION
Sec. 4310. Establishment of Cave Research Program
(a) Establishment
In order to provide for needed research relating to cave resources
on certain lands in the United States, the Secretary of the Interior,
acting through the Director of the National Park Service shall establish
and administer a Cave Research Program (hereinafter in this section
referred to as the ``Program''). The Program shall include the orderly
and scholarly collection, analysis, and dissemination of research
material related to caves in lands managed by the National Park Service
including, but not limited to, Carlsbad Caverns National Park and the
Capitan Reef area.
(b) Functions
The Program shall produce educational and interpretive information
and materials vital to public understanding of cave geology, assist
students and researchers, and provide for a comprehensive evaluation of
cave resources and measures needed for their protection.
(c) Emphasis
The program \1\ shall be directed primarily toward lands managed by
the National Park Service, but the Secretary of the Interior may enter
into cooperative agreements with other agencies or entities as may be
appropriate to carry out the purposes of this section.
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\1\ So in original. Probably should be capitalized.
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(Pub. L. 101-578, title II, Sec. 202, Nov. 15, 1990, 104 Stat. 2859.)
References in Text
This section, referred to in subsecs. (a) and (c), was in the
original ``this title'' meaning title II of Pub. L. 101-578, Nov. 15,
1990, 104 Stat. 2859, which enacted this section and provisions set out
as notes below. For complete classification of title II to the Code, see
Tables.
Codification
Section was not enacted as part of the Federal Cave Resources
Protection Act of 1988 which comprises this chapter.
National Cave and Karst Research Institute
Pub. L. 105-325, Oct. 30, 1998, 112 Stat. 3038, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `National Cave and Karst Research
Institute Act of 1998'.
``SEC. 2. PURPOSES.
``The purposes of this Act are--
``(1) to further the science of speleology;
``(2) to centralize and standardize speleological information;
``(3) to foster interdisciplinary cooperation in cave and karst
research programs;
``(4) to promote public education;
``(5) to promote national and international cooperation in
protecting the environment for the benefit of cave and karst
landforms; and
``(6) to promote and develop environmentally sound and
sustainable resource management practices.
``SEC. 3. ESTABLISHMENT OF THE INSTITUTE.
``(a) In General.--The Secretary of the Interior (referred to in
this Act as the `Secretary'), acting through the Director of the
National Park Service, shall establish the National Cave and Karst
Research Institute (referred to in this Act as the `Institute').
``(b) Purposes.--The Institute shall, to the extent practicable,
further the purposes of this Act.
``(c) Location.--The Institute shall be located in the vicinity of
Carlsbad Caverns National Park, in the State of New Mexico. The
Institute shall not be located inside the boundaries of Carlsbad Caverns
National Park.
``SEC. 4. ADMINISTRATION OF THE INSTITUTE.
``(a) Management.--The Institute shall be jointly administered by
the National Park Service and a public or private agency, organization,
or institution, as determined by the Secretary.
``(b) Guidelines.--The Institute shall be operated and managed in
accordance with the study prepared by the National Park Service pursuant
to section 203 of the Act entitled `An Act to conduct certain studies in
the State of New Mexico', approved November 15, 1990 (Public Law 101-
578; 16 U.S.C. 4310 note).
``(c) Contracts and Cooperative Agreements.--The Secretary may enter
into a contract or cooperative agreement with a public or private
agency, organization, or institution to carry out this Act.
``(d) Facility.--
``(1) Leasing or acquiring a facility.--The Secretary may lease
or acquire a facility for the Institute.
``(2) Construction of a facility.--If the Secretary determines
that a suitable facility is not available for a lease or acquisition
under paragraph (1), the Secretary may construct a facility for the
Institute.
``(e) Acceptance of Grants and Transfers.--To carry out this Act,
the Secretary may accept--
``(1) a grant or donation from a private person; or
``(2) a transfer of funds from another Federal agency.
``SEC. 5. FUNDING.
``(a) Matching Funds.--The Secretary may spend only such amount of
Federal funds to carry out this Act as is matched by an equal amount of
funds from non-Federal sources.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Act.''
Congressional Findings
Section 201 of Pub. L. 101-578 provided that: ``The Congress makes
the following findings:
``(1) The World's most exposed fossil reef, Capitan Reef, in
southern New Mexico that includes Carlsbad Caverns, contains over
300 caves, including 75 identified caves in Carlsbad Caverns
National Park and 22 caves in Guadalupe Mountains National Park.
``(2) Recent explorations of Lechuguilla Cave at Carlsbad
Caverns National Park have provided much new information about the
wonders of this cave including the fact that it is the second
deepest cave in the United States and contains outstanding world-
class cave features such as gypsum crystal chandeliers and gypsum
flowers.
``(3) The Lechuguilla Cave has been described by cave
researchers as possibly the finest cave in America.
``(4) The interest and excitement of cave researchers throughout
the world have been focused on Carlsbad Caverns National Park.
``(5) Cave researchers could use this research institute as an
operational base for study of caves in other regions and as a focal
point for storage of data on cave geology and speleology.
``(6) The Congress, with the passage of Public Law 100-691, the
Federal Cave Resources Protection Act of 1988 [16 U.S.C. 4301 et
seq.], recognized the significance of cave resources on Federal
lands and established the policy that Federal lands be managed in a
manner which protects and maintains, to the extent practicable,
significant cave resources.''
Cave Research Institute Study
Section 203 of Pub. L. 101-578 directed Secretary of the Interior,
not later than one year after Nov. 15, 1990, to prepare and transmit to
Congress a study on the feasibility of establishing a Cave Research
Institute.
Authorization of Appropriations
Section 204 of title II of Pub. L. 101-578 provided that: ``There
are authorized to be appropriated such sums as may be necessary to carry
out the provisions of this title [enacting this section and provisions
set out as notes above].''
