Title 16ConservationRelease 119-73

§4305 Collection and removal from Federal caves

Title 16 › Chapter CHAPTER 63— - FEDERAL CAVE RESOURCES PROTECTION › § 4305

Last updated Apr 6, 2026|Official source

Summary

The Secretary can give permits to people who want to collect or remove things from caves. Permits can include rules and a bond to make sure people follow them. Each permit must say when, where, how, how much, and why the work will happen. The permit can only be given if the activity fits the purposes of the law and other rules. Permits cannot be transferred to someone else, and doing what a permit allows is not illegal. A permit can be canceled if the holder breaks the law, is fined, or is convicted under the related rules. The Secretary can also refuse to give a new permit to someone who violated a permit before. If an Indian tribe asks, the Secretary may give the tribe the power to issue and enforce permits on tribal land. Permits for tribal land need the tribe’s consent and any terms the tribe wants. If a permit could harm a religious or cultural site, the Secretary must tell the tribe, and that notice is not made public. Tribes do not need a permit to collect or remove cave resources on their own lands.

Full Legal Text

Title 16, §4305

Conservation — Source: USLM XML via OLRC

(a)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)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)Permits issued under this chapter are not transferable.
(d)(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)No action specifically authorized by a permit under this section shall be treated as a violation of section 4306 of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 4305

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73