Legal protection for caves in the United States

Abstract

This study reviews significant state and federal laws that can be used to protect karst, caves, and associated unique minerals and biota. The first state cave protection act was passed in Colorado in 1883; unfortunately it was repealed in 1971. From that modest beginning there are now a total of 22 states, Puerto Rico, and the Cherokee Nation that have specific cave protection acts. Most of these have been legislated during the last 20 years. There are a number of laws on the federal level that can be used for cave protection. The most important of these is the Federal Cave Resources Protection Act of 1988, which mandates cave conservation for many federal land management agencies. The Endangered Species Act of 1973 and the Federal Archaeological Resources Protection Act of 1976 can also be of significant use in the conservation of caves on federal land. The effects of these acts are variable. One factor is how important agency officials and law enforcement officers regard caves. It has not been unusual that little was done in the way of protection or prosecution even when the perpetrators have been apprehended. This attitude is changing rapidly primarily because those involved in enforcing the laws have been educated to the uniqueness and values of caves and their contents.