16 U.S.C. § 4310 — Establishment of Cave Research Program

Page 2482 TITLE 16—CONSERVATION § 4308 provide such person written notice and the op- portunity to request a hearing on the record within 30 days. Each violation shall be a sepa- rate offense, even if such violations occurred at the same time. (2) The amount of such civil penalty shall be determined by the Secretary taking into ac- count appropriate factors, including (A) the seri- ousness of the violation; (B) the economic ben- efit (if any) resulting from the violation; (C) any history of such violations; and (D) such other matters as the Secretary deems appropriate. The maximum fine permissible under this sec- tion is $10,000. (b) Judicial review Any person aggrieved by an assessment of a civil penalty under this section may file a peti- tion for judicial review of such assessment with the United States District Court for the District of Columbia or for the district in which the vio- lation occurred. Such a petition shall be filed within the 30-day period beginning on the date the order assessing the civil penalty was issued. (c) Collection If any person fails to pay an assessment of a civil penalty— (1) within 30 days after the order was issued under subsection (a), or (2) if the order is appealed within such 30-day period, within 10 days after court has entered a final judgment in favor of the Secretary under subsection (b), the Secretary shall notify the Attorney General and the Attorney General shall bring a civil ac- tion in an appropriate United States district court to recover the amount of penalty assessed (plus costs, attorney’s fees, and interest at cur- rently prevailing rates from the date the order was issued or the date of such final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. (d) Subpoenas The Secretary may issue subpoenas in connec- tion with proceedings under this subsection compelling the attendance and testimony of wit- nesses and subpoenas duces tecum, and may re- quest the Attorney General to bring an action to enforce any subpoena under this section. The district courts shall have jurisdiction to enforce such subpoenas and impose sanctions. (Pub. L. 100–691, § 8, Nov. 18, 1988, 102 Stat. 4550.) § 4308. Miscellaneous provisions (a) Authorization of appropriations There are authorized to be appropriated $100,000 to carry out the purposes of this chap- ter. (b) Effect on land management plans Nothing in this chapter shall require the amendment or revision of any land management plan the preparation of which began prior to No- vember 18, 1988. (c) Fund Any money collected by the United States as permit fees for collection and removal of cave resources; received by the United States as a re- sult of the forfeiture of a bond or other security by a permittee who does not comply with the re- quirements of such permit issued under section 4306 of this title; or collected by the United States by way of civil penalties or criminal fines for violations of this chapter shall be placed in a special fund in the Treasury. Such moneys shall be available for obligation or expenditure (to the extent provided for in advance in appro- priation Acts) as determined by the Secretary for the improved management, benefit, repair, or restoration of significant caves located on Federal lands. (d) Existing rights Nothing in this chapter shall be deemed to af- fect the full operation of the mining and mineral leasing laws of the United States, or otherwise affect valid existing rights. (Pub. L. 100–691, § 9, Nov. 18, 1988, 102 Stat. 4550.) § 4309. Savings provision (a) Water Nothing in this chapter shall be construed as authorizing the appropriation of water by any Federal, State, or local agency, Indian tribe, or any other entity or individual. Nor shall any provision of this chapter— (1) affect the rights or jurisdiction of the United States, the States, Indian tribes, or other entities over waters of any river or stream or over any ground water resource; (2) alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by the States; or (3) alter or establish the respective rights of States, the United States, Indian tribes, or any person with respect to any water or water- related right. (b) Fish and wildlife Nothing in this chapter shall be construed as affecting the jurisdiction or responsibilities of the States with respect to fish and wildlife. (Pub. L. 100–691, § 10, Nov. 18, 1988, 102 Stat. 4551.) § 4310. Establishment of Cave Research Program (a) Establishment In order to provide for needed research relat- ing 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 sec- tion referred to as the ‘‘Program’’). The Pro- gram shall include the orderly and scholarly col- lection, 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 stu- dents and researchers, and provide for a com- prehensive evaluation of cave resources and measures needed for their protection. Page 2483 TITLE 16—CONSERVATION § 4310 1 So in original. Probably should be capitalized. (c) Emphasis The program 1 shall be directed primarily to- ward lands managed by the National Park Serv- ice, 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. (Pub. L. 101–578, title II, § 202, Nov. 15, 1990, 104 Stat. 2859.) Editorial Notes 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 com- plete 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. Statutory Notes and Related Subsidiaries NATIONAL CAVE AND KARST RESEARCH INSTITUTE Pub. L. 105–325, Oct. 30, 1998, 112 Stat. 3038, as amend- ed by Pub. L. 111–11, title VII, § 7305, Mar. 30, 2009, 123 Stat. 1219, 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 in- formation; ‘‘(3) to foster interdisciplinary cooperation in cave and karst research programs; ‘‘(4) to promote public education; ‘‘(5) to promote national and international coopera- tion 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 (re- ferred to in this Act as the ‘Secretary’), acting through the Director of the National Park Service, shall estab- lish 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 ad- ministered by the National Park Service and a public or private agency, organization, or institution, as de- termined 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 (Pub- lic 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, organiza- tion, or institution to carry out this Act. ‘‘(d) FACILITY.— ‘‘(1) LEASING OR ACQUIRING A FACILITY.—The Sec- retary may lease or acquire a facility for the Insti- tute. ‘‘(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 agen- cy. ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated such sums as are necessary to carry out this Act.’’ CONGRESSIONAL FINDINGS Pub. L. 101–578, title II, § 201, Nov. 15, 1990, 104 Stat. 2859, 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 identi- fied 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 in- cluding the fact that it is the second deepest cave in the United States and contains outstanding world- class cave features such as gypsum crystal chan- deliers and gypsum flowers. ‘‘(3) The Lechuguilla Cave has been described by cave researchers as possibly the finest cave in Amer- ica. ‘‘(4) The interest and excitement of cave research- ers throughout the world have been focused on Carls- bad Caverns National Park. ‘‘(5) Cave researchers could use this research insti- tute 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 signifi- cance of cave resources on Federal lands and estab- lished 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 Pub. L. 101–578, title II, § 203, Nov. 15, 1990, 104 Stat. 2860, 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 Pub. L. 101–578, title II, § 204, Nov. 15, 1990, 104 Stat. 2860, provided that: ‘‘There are authorized to be appro- priated such sums as may be necessary to carry out the provisions of this title [enacting this section and provi- sions set out as notes above].’’ CHAPTER 64—NORTH AMERICAN WETLANDS CONSERVATION Sec. 4401. Findings and statement of purpose. 4402. Definitions. 4403. Establishment of North American Wetlands Conservation Council. 4404. Approval of wetlands conservation projects. 4405. Conditions relating to wetlands conservation projects. 4406. Amounts available to carry out this chapter.