Question about state cave protection laws

[Caverdale]

Do state cave protection laws apply to caves on federal land that are covered by the Federal Cave Resources Protection Act? Say, for instance, a federal cave is vandalized and the U.S. Attorney for that state refuses to prosecute when the vandal is caught. Can the state law be used?

[Floyd Collins]

It depends on the state cave law. In Colorado, I know that the state law passed in 2004 covers caves both public and private. You probably should examine the wording of the Utah cave law to see which caves it covers.

[Caverdale]

It depends on the state cave law. In Colorado, I know that the state law passed in 2004 covers caves both public and private. You probably should examine the wording of the Utah cave law to see which caves it covers.

Utah has never had a cave protection law.

I can see that I have posted a poorly worded question again. Let me explain fully. About 4 years ago we had a vandalism case in a well-known, very-well decorated cave where the lock was shot off and the largest stalactite in the cave was broken. I had over $1,000 pledged as a reward for information leading to the arrest and prosecution of the persons responsible, including $500 pledged by the BLM on whose district the cave was located. However, when we asked the U.S Attorney for Utah about prosecuting, their office said they had "bigger fish to fry" than an infraction under the FCRPA. In other words, "No". (Makes one wonder why we went through all the trouble to get the law passed.)

Now we have another gate breached on Forest Service land this time. Vandalism occurred. We don't know if the US Attorney will adopt the same attitude. Do we spin our wheels in finding the culprits for no reason at all? We have the name of a suspect.

This was discussed at a meeting last week. Although it won't help with the present case, someone suggested trying to get a state law passed and bypass the feds. However, I have a fuzzy recollection of an incident 2-3 decades ago about another vandalism law. A state, possibly Utah, passed a law for punishment of vandals who destroyed Native American pictographs and petroglyphs on federal land. As I recall, perhaps incorrectly, the law didn't work. The state had no jurisdiction over vandalism that occurred on federal land.

So now what I am asking specifically is: For those states that have a cave protection act that provides for arrest and conviction of cave vandalism on federal land, have there ever been actual court cases where the law was found valid? I am aware of many, many laws that have been passed in by the Utah legislature, reviewed by legal scholars, signed by the governor, then found improper and thrown out at the first trial. Several anti- abortion laws come to mind, but there are others. Passing a law doesn't solve anything until a case has been adjudicated and successfully appealed if someone feels the law doesn't apply.

So, how about it, legal types. Can a state cave vandalism law legally apply to vandalism on federal land?

[Cheryl Jones]

Here is a list of links to the state cave protection laws. You might gain some insight by reading through them to see how the issue is handled in other states. Colorado's law evidently covers vandalism on federal land.

Here is the Federal Cave Protection Act. Maybe it has something?

Report back!

By the way, the NSS has a Cave Vandalism Deterrent Reward of from $250 to $1,000 for information leading to the conviction of any person (or persons) who vandalize a cave. I don't know if this would be of any help in this situation or not, but thought I'd mention it. The Committee Chairman's name and contact info are listed on the NSS Current Personnel Web page.

Cheryl

[Teresa]

After the Missouri cave law was passed, but before the Federal one was, alleged vandals were prosecuted under the Missouri law on Ozark Riverways, in regards to speleothem removal in Round Spring Cavern. A conviction was not obtained not due to any fault in the law, but due to the prosecution's inability to prove beyond a reasonable doubt that the stal actually came from the cave, due to the lack of prior photos of the vandalized area. (This was prior to the convictions at Mammoth Cave National Park, on the basis of chemical analysis of the rocks involved.)
Since then, archeological and biological cave vandals on Mark Twain National Forest have been successfully prosecuted. In those cases the Missouri Dept. of Conservation has been closely involved with the cases--they derive their legal standing on the basis of the Missouri law--though I'm not such a legal beagle to know what specific statute the prosecution was obtained.

Perhaps you could appeal to your state conservation enforcement agency to help on the basis of bat disturbance or other habitat issues.