Page:United States Statutes at Large Volume 102 Part 5.djvu/543

 PUBLIC LAW 100-691—NOV. 18, 1988

102 STAT. 4549

pursuant to section 8 or upon the permittee's conviction under section 7 of this Act. The Secretary may refuse to issue a permit under this section to any person who has violated any provision of this Act or who has failed to comply with any condition of a prior permit. (c) TRANSFERABILITY OF PERMITS.—Permits issued under this Act are not transferable. (d) CAVE RESOURCES LOCATED ON INDIAN LANDS.—(I)(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 Religion. 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 5. (3) A permit shall not be requited 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) EIFFECT OF PERMIT.—No action specifically authorized by a permit under this section shall be treat^ as a violation of section 7. SEC. 7. PROHIBITED ACTS AND CRIMINAL PENALTIES.

16 USC 4306.

(a) PROHIBITED ACTS.—

(1) Any person who, without prior authorization from the Animals. Secretary knowingly destroys, disturbs, defaces, mars, alters. Plants. removes or harms any significant cave or alters the free movement of any animal or plant life into or out of any significant cave located on Federal lands, or enters a significant cave with the intention of committing any act described in this paragraph shall be punished in accordance with subsection (b). (2) Any person who possesses, consumes, sells, barters or exchanges, or offers for sale, barter or exchange, any cave resource from a significant cave with knowledge or reason to know that such resource was removed from a significant cave located on Federal lands shall be punished in accordance with subsection (b). (3) Any person who counsels, procures, solicits, or employs any other person to violate any provisions of this subs^ion shall be punished in accordance with section (b). (4) Nothing in this section shall be deemed applicable to any person who was in lawful possession of a cave resource from a significant cave prior to the date of enactment of this Act.

�