Organic Administration Act of June 4, 1897
This Act authorizes the Secretary of Agriculture to regulate occupancy and
use of the National Forests. Regulations issued under the Act authorize
protection of cave resources from theft and destruction (36 CFR 261.9a, 9b, 9g,
and 9h). Under 36 CFR 294.1, classification is authorized for special interest
areas that are managed for recreation use substantially in their natural
condition. Special closures are authorized under 36 CFR 261.53 to protect
threatened cave resources. (16 U.S.C. 551)
Preservation of American Antiquities Act of June 8, 1906
This Act provides for the protection of historic or prehistoric remains or
any object of antiquity on Federal land. Criminal sanctions are authorized for
destruction or appropriation of antiquities. Scientific investigations of
antiquities on Federal lands are permissible subject to permit and regulations.
Uniform rules and regulations pursuant to this Act are in FSM 1530.12. (34 Stat.
225; 16 U.S.C. 431 et seq.)
National Historic Preservation Act of October 15, 1966
This Act authorizes the Secretary of Agriculture to use measures to foster
conditions under which our modern society and our prehistoric and historic
resources can exist in productive harmony. The Department of Agriculture shall
assume responsibility for the preservation of historic properties that are
located on lands administered by such agency. If such properties are listed or
may be eligible for the National Register that these properties are managed and
maintained in a way that considers the preservation of their historic,
archaeological, architectural, and cultural values. (80 Stat. 915, as amended;
16 U.S.C. 470h)
National Environmental Policy Act of 1969
The purpose of the Act is to create and maintain conditions under which man
and nature can exist in productive harmony. The responsibilities include the
preservation of caves that are part of our national heritage. (42 U.S.C. 4331)
Endangered Species Act of December 28, 1973
The Act describes the process for determining endangered and threatened
species, establishes prohibited acts, prescribes penalties, mandates a recovery
plan, and defines interagency and State cooperative relationship requirements.
(87 Stat. 884, as amended; 16 U.S.C. 1531)
Federal Land Policy and Management Act of 1976
This Act declares that the policy of the United States is that lands be
managed in a manner that will protect the quality of scientific, scenic,
historical, ecological, environmental, air and atmospheric, water resource, and
archaeological values. Where appropriate these lands will be preserved and
protected in their natural condition. (43 U.S.C. 1701)
Archaeological Resources Protection Act of October 31, 1979
This Act clarifies and defines "archaeological resources,"
prohibits the removal, sale, receipt, and interstate transport of archaeological
resources obtained illegally from public lands. The Act authorizes
confidentiality of site location information, authorizes permit procedures to
enable study and investigation of archaeological resources on public lands by
qualified individuals; provides for substantial criminal and civil penalties,
forfeiture of equipment used in the crime, and rewards for citizens who report
the crime. The Act supplements but does not replace the Antiquities Act of 1906.
(16 U.S.C. 470aa)
Federal Cave Resources Protection Act of November 18, 1988
The purpose of the Act is to secure, protect, and preserve significant caves
on federal lands for the perpetual use, enjoyment, and benefit of all people,
and to foster increased cooperation and exchange of information between
government authorities and those who utilize caves located on federal lands for
scientific, educational, or recreational purposes. It is the policy that federal
lands be managed in a manner that protects and maintains, to the extent
practical, significant caves. (102 Stat. 4546; 16 U.S.C. 4301-4309)
The Code of Federal Regulations
A codification of the general and permanent rules published in the Federal
Register by the Executive departments and agencies of the Federal Government.
These regulations as set forth by the Secretary of Agriculture govern the
protection and administration of National Forest System lands. (36 CFR)
FSM 2356
Caves are dynamic natural systems affected by surface and subterranean
environmental changes. The policy of this manual is to manage caves as
nonrenewable resources while maintaining their geological, scenic, educational,
cultural, biological, hydrological, paleontological, and recreational values.
Deschutes National Forest Land and Resource Management Plan
Developed to guide all natural resource management activities and establish
standards and guidelines. The purpose is to provide for the use and protection
of Forest resources, fulfill legislative requirements, and address local,
regional, and national issues and concerns.
GOTO:
Deschutes and Ochoco National Forests Website
http://www.fs.fed.us/centraloregon/manageinfo/nepa/documents/bendfort/caves/appendixb.html
Last Update: 6/7/01
R.A. Jensen