[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR290.3]

[Page 389-390]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 290_CAVE RESOURCES MANAGEMENT--Table of Contents
 
Sec. 290.3  Nomination, evaluation, and designation of
significant caves.

    (a) Nominations for initial and subsequent listings. The authorized 
officer will give governmental agencies and the public, including those 
who utilize caves for scientific, educational, or recreational purposes, 
the opportunity to nominate caves. The authorized officer shall give 
public notice, including a notice published in the Federal Register, 
calling for nominations for the initial listing and setting forth the 
procedures for preparing and submitting the nominations. Nominations for 
subsequent listings will be accepted from governmental agencies and the 
public by the Forest Supervisor where the cave is located as new cave 
discoveries are made. Caves nominated but not approved for designation 
may be renominated as additional documentation or new information 
becomes available.
    (b) Evaluation for initial and subsequent listings. The evaluation 
of the nominations for significant caves will be carried out in 
consultation with individuals and organizations interested in the 
management and use of caves and cave resources, within the limits 
imposed by the confidentiality provisions of Sec. 290.4. Nominations 
shall be evaluated using the criteria in Sec. 290.3 (c) and (d).
    (c) Criteria for significant caves. A significant cave on National 
Forest System lands shall possess one or more of the following features, 
characteristics, or values.
    (1) Biota. The cave provides seasonal or yearlong habitat for 
organisms or animals, or contains species or subspecies of flora or 
fauna native to caves, or are sensitive to disturbance, or are found on 
State or Federal sensitive, threatened, or endangered species lists.
    (2) Cultural. The cave contains historic properties or archeological 
resources (as defined in Parts 800.2 and 296.3 of this chapter 
respectively, or in 16 U.S.C. 470, et seq.), or other features included 
in or eligible for inclusion on the National Register of Historic Places 
because of their research importance for history or prehistory, 
historical associations, or other historical or traditional 
significance.
    (3) Geologic/Mineralogic/Paleontologic. The cave possesses one or 
more of the following features:
    (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. The cave is a part of a hydrologic system or 
contains water

[[Page 390]]

which is important to humans, biota, or development of cave resources.
    (5) Recreational. The cave provides or could provide recreational 
opportunities or scenic values.
    (6) Educational or scientific. The cave offers opportunities for 
educational or scientific use; or, the cave is virtually in a pristine 
state, lacking evidence of contemporary human disturbance or impact; or, 
the length, volume, total depth, pit depth, height, or similar 
measurements are notable.
    (d) Specially designated areas. All caves located within special 
management areas, such as Special Geologic Areas, Research Natural 
Areas, or National Monuments, that are designated wholly or in part due 
to the cave resources found therein are determined to be significant.
    (e) Designation and documentation. If the authorized officer 
determines that a cave nominated and evaluated under paragraphs (a) and 
(b) of this section meets one or more of the criteria in paragraph (c) 
of this section, the authorized officer shall designate the cave as 
significant. The authorized officer will notify the nominating party of 
the results of the evaluation and designation. Each forest will retain 
appropriate documentation for all significant caves located within its 
administrative boundaries. At a minimum, this documentation shall 
include a statement of finding signed and dated by the authorized 
officer and the information used to make the determination. This 
documentation will be retained as a permanent record in accordance with 
the confidentiality provision in Sec. 290.4.
    (f) Undiscovered passages. If a cave is determined to be 
significant, its entire extent on federal land, including passages not 
mapped or discovered at the time of the determination, is deemed 
significant. This includes caves that extend from lands managed by any 
other Federal agency into National Forest System lands, as well as caves 
initially believed to be separate for which interconnecting passages are 
discovered after significance is determined.
    (g) Decision final. The decision to designate or not designate a 
cave as significant is made at the sole discretion of the authorized 
officer based upon the criteria in paragraphs (c) and (d) of this 
section and is not subject to further administrative review of appeal 
under Parts 217 or 251.82 of this chapter.