36 CFR Part 290 — Cave Resources Management

PART 290—CAVE RESOURCES MANAGEMENT Authority: 16 U.S.C. 4301-4309; 102 Stat. 4546. Source: 59 FR 31152, June 17, 1994, unless otherwise noted. § 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. § 290.2 Definitions. For the purposes of this part, the terms listed in this section have the following meaning: Authorized officer Cave Cave resources National Forest System lands Secretary Significant cave § 290.3 Nomination, evaluation, and designation of significant caves. (a) Nominations for initial and subsequent listings. Federal Register, (b) Evaluation for initial and subsequent listings. (c) Criteria for significant caves. (1) Biota. (2) Cultural. et seq. (3) Geologic/Mineralogic/Paleontologic. (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. (5) Recreational. (6) Educational or scientific. (d) Specially designated areas. (e) Designation and documentation. (f) Undiscovered passages. (g) Decision final. § 290.4 Confidentiality of cave location information. (a) Information disclosure. (b) Requesting confidential information. (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. § 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 Cave Resources Protection Act of 1988 (16 U.S.C. 4304).

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