Information compiled by Tom Lera

Alabama Cave Protection Law (1988)

Section 1.

The following words and phrases when used in this act shall for the purpose of this act have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:

A. Cave--Any natural subterranean cavity that is at least 50 feet in length or depth, or any combination of length and depth or that contains obligatory carvernicoious fauna (animals obliged to live underground). The word "cave" includes but is not limited to cavern, pit, pothole, well (natural), sinkhole and/or grotto.

B. Speleothems--A natural secondary mineral deposit or formation in a cave. This includes but is not limited to deposits called stalactites, stalagmites, helictites, anthodites, gypsum flowers, needles, or angels hair, soda straws, draperies, bacon, cave pearls, popcorn, rimstone dams, columns, palettes, and flowstone. Speleothems are commonly composed of calcite, aragonite, epsomite, gypsum, celestite, and other similar minerals.

C. Commercial Cave--Any cave or portion of a cave that is improved with trails and lighting utilized by the owner or lessee for the purpose of exhibition to the public as a profit or nonprofit enterprise.

       D. Wild Cave--Any cave or portion of a cave that is not a commercial cave.

Section 2.

A. While engaged in cave related activities, no person or organization or formal or informal group of persons in the company of other persons whether he or they be leading, accompanying, or in the area with the other person, shall be held liable for injuries or the results of actions by said other person, unless said other person acted as a result of an act or order issued by the first person intended to inflict injury.

B. Each person in a group engaged in cave related activities is individually responsible for evaluating the safety of group equipment which that person intends to use, such as ropes, rigging, anchor devices, climbing gear and similar equipment. The club, organization, group leader, organizer, or person owning or emplacing such gear or equipment shall not be held liable for failure of any such equipment or gear or its emplacement, except, if the rigging or equipment is altered after the person injured has had an opportunity to inspect it.

Section 3.

It shall be unlawful and constitute a misdemeanor for any person, organization, firm or corporation, including any officer, agent or   employee of any town or municipality to:

a.     Maliciously break, break off, crack, carve upon, write, burn, damage or otherwise mar or mark on, remove, or in any manner destroy, disturb, deface, mar or harm the walls or any speleothems in any cave, except for recognized scientific purposes.

b.     Discard litter or refuse to any degree in any cave.

c.     Break, force, tamper with, remove, or otherwise disturb a lock, gate, door, or other structure or obstruction designed to control or prevent access to any cave, unless the owner specifically orders such act.

d.     Offer for sale any speleothems or export from the State of Alabama any speleothems for sale elsewhere.

e.     Remove, kills, harm or disturb any plant or animal life found within any wild cave, except for recognized scientific purposes.

f. The provisions and subsections a through e of this section shall not apply to a recognized rescue unit operating in response to any emergency or believed emergency.

Section 4.

It shall be unlawful and constitute a misdemeanor for any person, organization, firm, corporation, including any officer, employee, or agent of any town or municipality to risk the pollution of the underground water resources of the state by storing, dumping, disposing, or otherwise placing in caves, sinkholes or natural wells: chemicals, refuse, dead animals, garbage or other materials which are potentially injurious or hazardous to the quality of the aquifer, water and/or water table.

Section 5.

Violations of the misdemeanor provisions of this act shall incur the following penalties:

              1. First offense: Class C misdemeanor.

              2. Second offense: A Class B misdemeanor.

              3. Subsequent offenses: A Class A misdemeanor.

Section 6.

All laws or parts of laws, which conflict with this act, are hereby repealed.

Section 7.

The provisions of this act are severable. If any part of the act is declared invalid or unconstitutional, such declaration shall not affect the part, which remains.

Section 8.

This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.

Note:  Class C Misdemeanor is a fine of $500.00.  A Class B Misdemeanor is a fine of $ 1,000.00 and a Class A Misdemeanor is a fine of $2,000.00

Arkansas Cave Resources Protection Act (1989)

15-20-601. Legislative findings and policy.

The General Assembly hereby finds that caves are uncommon geologic phenomena, and that the minerals deposited therein may be rare and occur in unique forms of great beauty, which are irreplaceable if destroyed. Also irreplaceable are the cultural resources in caves, which are of great scientific and value. It is further found that the organisms, which live in caves, are unusual and of limited numbers; that many are rare and endangered species; and that caves a natural conduit for groundwater flow and are highly subject to water pollution. Thus having far- reaching effects transcending man-made property boundaries. It is therefore declares to be the policy of the state of Arkansas and the intent of this subchapter to protect these unique natural and cultural

Resources.  History. Acts 1989, No.523, 1.

15-20-602.Definitions.

As used in this subchapter:

(1)  (A) “Cave,” means any naturally formed cavity beneath the surface of the earth, which is enterable by man by a natural entrance into the bedrock. For the purposes of this subchapter, “cave” also includes any rock shelter formed by an over hanging bluff whenever the bluff is undercut by at least twenty feet (‘20’);

      (B) ”Cave” does not include any mine or other human excavation;

(2)  “Cave life” means any life–form normally found in a cave or subterranean water system;

(3)  “ Cold “ water solution means solution processes occurring below seventy degrees Fahrenheit (70)

(4)  “Archeological site” means physical evidence of human activity which is fifty (50) years old or older;

(5)  “Owner” means any person, or the State of Arkansas and of its agencies, departments, boards, commissions, and other political subdivisions, holding any possessory estate in any cave and any as agent of such person or governmental entity;

(6)  “Sinkhole” means any impression of the surface or the earth due to solution or collapse of material below the surface; and

(7)  (A) “ Speleothem” means any minerals deposit form within a cave, including, but not limited to, stalactites, stalagmites, and all other forms of minerals precipitated from cold water solution;

   (B)”Speleothem” does not include cementation of sediments by calcium salts. History. Acts 1989, No.523, 2.

15-20-603. Vandalism-Penalties.

(a) It shall be unlawful for any person, without express permission of the owner, to purposefully or recklessly:

(1)  Break, carve mark upon, or deface the natural rock surface of any cave, whether wall, ceiling, or floor, any speleothem, whether attached or previously broken, any man-made material within the cave which constitutes an archeological site or was placed within the cave under permission of the owner;

(2)  Remove from the cave any material protected by this subchapter;

(3)  Damage in any way any lock, gate, door, or other obstruction designed to control access to any cave, even though entry thereto may not be gained; 

(4)  Excavate, deface any sign stating the cave is posted or citing provisions of this subchapter;

(5)  Excavate, deface, or disrupt the integrity of any identifiable archeological or paleontological site, which may be found in any cave.

(b) The entering or remaining in a cave, which has not been posted by the owner, shall not by itself constitute a violation of this section. Any permission obtained under the provisions of this subchapter shall be deemed sufficient compliance with any law relating recreational use of private lands. Subject to any restrictions imposed by the owner, it shall not be a violation of this subchapter to move any dangerous or to place small isolated marks where necessary to recover a location critical to a measure marks where necessary to recover to a location critical to a measurement or study.

(c) Any person who violates the provisions of this section shall be guilty of a Class A misdemeanor. History. Acts 1989,No.523, 3.

15-20-604.Pollution-Penalties.

(a)  It shall be unlawful for any person to knowingly store, dump, litter dispose of or otherwise place any refuse, garbage, dead animals, sewage, or toxic substances harmful to cave life or humans, in any cave or sinkhole.

(b)  It shall be unlawful to burn within a cave or sinkhole any material, which produces any smoke or gas, which is harmful to any organism naturally occurring in the cave.

(c)  This section shall not prohibit the operation within a cave of any source of flame capable of being carried in the hand or attached to a person, provide that the heat and exhaust of such device is not directed onto any cave life or used as prohibit in 15-20-603(a).

(d)  This section shall not be interpreted to prohibit or regulate any agricultural or silvacultural practice whatever, nor to prohibit or regulate the charging of a fee for admission to cave.

(e)  Any person who violates the provisions of this section shall be guilty of a Class A misdemeanor. History. Acts 1989, no 523, 4.  

15-20-605. Cave conservation.

Any cave owner may, at the owner’s discretion and with the consent of the Arkansas Natural Heritage Commission, enter into an agreement with the Arkansas Natural Heritage Commission for the purpose of applying conservation measures to the owner’s cave.

History. Acts 1989, No.523, 5.

15-20-606. Liability of owners limited.

Neither the owner of a cave nor his employees or agents acting within the scope of their authority shall be liable for injuries sustained by any person using the cave. This section is supplemental to any other limitation of landowner may be in effect. History. Acts 1989, 6.

15-20-607.  Enforcement

In addition to the enforcement of this subchapter by criminal process, an owner may apply to chancery court of any county in which he has reasonable case to believe conduct prohibited by this subchapter is occurring or about to occur for a temporary or permanent injunction restraining any person from such conduct shall have jurisdiction to grant all proper relief without requiring the owner to post during pendency of the action. History. Acts1989, No.523, 7.

NOTE: A Class A Misdemeanor is a fine of $500.00 or less.

Arizona Cave Protection Law (1977 effective 1978)

Arizona Cave Law 13-3702. Defacing or damaging petroglyphs, pictographs, caves or caverns; classification

Section A.

A person commits defacing or damaging petroglyphs, pictographs, caves or caverns if such person knowingly, without the prior written permission of the owner:

1. Breaks, breaks off, cracks, carves upon, writes or otherwise marks upon or in any manner destroys, mutilates, injures, defaces, removes, displaces, mars or harms petroglyphs, pictographs or any natural material found in any cave or cavern; or

2. Kills, harms or disturbs plant or animal life found in any cave or cavern, except for safety reasons; or

3. Disturbs or alters the natural condition of such petroglyph, pictograph, cave or cavern or takes into a cave or cavern any aerosol or other type of container containing paints, dyes or other coloring agents; or

4. Breaks, forces, tamper with, remove or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern whether or not entrance is gained.

Section B.

As used in this section, "natural material" means stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions or other similar crystalline mineral formations found in any cave or cavern.

Section C.

Defacing or damaging petroglyphs, pictographs, caves or caverns is a class 2 misdemeanor.

NOTE: A Class 2 Misdemeanor is a fine of not less that $ 750.00.

California Laws Relating to Caves (1976 effective 1977)

A. California Cave Protection Act CALIFORNIA CODES PENAL CODE SECTION 594-625c

Section 599c.

No part of this title shall be construed as interfering with any of the laws of this state known as the "game laws," or any laws for or against the destruction of certain birds, nor must this title be construed as interfering with the right to destroy any venomous reptile, or any animal known as dangerous to life, limb, or property, or to interfere with the right to kill all animals used for food, or with properly conducted scientific experiments or investigations performed under the authority of the faculty of a regularly incorporated medical college or university of this state.

Section 623.

(a) Except as otherwise provided in Section 599c, any person who, without the prior written permission of the owner of a cave, intentionally and knowingly does any of the following acts is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment:

(1) Breaks, breaks off, cracks, carves upon, paints, writes or otherwise marks upon or in any manner destroys, mutilates, injures, defaces, mars, or harms any natural material found in any cave.

(2) Disturbs or alters any archaeological evidence of prior occupation in any cave.

      (3) Kills, harms, or removes any animal or plant life found in any cave.

(4) Burns any material that produces any smoke or gas that is harmful to any plant or animal found in any cave.

      (5) Removes any material found in any cave.

(6) Breaks, forces, tamper with, remove or otherwise disturb any lock, gate, door, or any other structure or obstruction designed to prevent entrance to any cave, whether or not entrance is gained.

(b) For purposes of this section:

(1) "Cave" means any natural geologically formed void or cavity beneath the surface of the earth, not including any mine, tunnel, aqueduct, or other manmade excavation, which is large enough to permit a person to enter.

(2) "Owner" means the person or private or public agency, which has the right of possession to the cave.

(3) "Natural material" means any stalactite, stalagmite, helictite, anthodite, gypsum flower or needle, flowstone, drapery, column, tufa dam, clay or mud formation or concretion, crystalline mineral formation, and any wall, ceiling, or mineral protuberance therefrom, whether attached or broken, found in any cave.

(4) "Material" means all or any part of any archaeological, paleontological, biological, or historical item including, but not limited to, any petroglyph, pictograph, basketry, human remains, tool, beads, pottery, projectile point, remains of historical mining activity or any other occupation found in any cave.

(c) The entering or remaining in a cave by itself shall not constitute a violation of this section.

B. California Sportsman Law

CALIFORNIA CODES CIVIL CODE SECTION 840-848

Section 846.

An owner of any estate or any other interest in real property, whether possessory or non-possessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on such premises to persons entering for such purpose, except as provided in this section.

A "recreational purpose," as used in this section, includes such activities as   fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning, hang gliding, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites.

An owner of any estate or any other interest in real property, whether possessory or non-possessory, who gives permission to another for entry or use for the above purpose upon the premises does not thereby (a) extend any assurance that the premises are safe for such purpose, or (b) constitute the person to whom permission has been granted the legal status of an invitee or licensee to whom a duty of care is owed, or (c) assume responsibility for or incur liability for any injury to person or property caused by any act of such person to whom permission has been granted except as provided in this section.

This section does not limit the liability which otherwise exists (a) for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or (b) for injury suffered in any case where permission to enter for the above purpose was granted for a consideration other than the consideration, if any, paid to said landowner by the state, or where consideration has been received from others for the same purpose; or (c) to any persons who are expressly invited rather than merely permitted to come upon the premises by the landowner.

Nothing in this section creates a duty of care or ground of liability for injury to person or property.

C. Protection For Public Workers

CALIFORNIA CODES GOVERNMENT CODE SECTION 830-831.8

Section 831.7.

(a)    Neither a public entity nor a public employee is liable to any person who participates in a hazardous recreational activity, including any person who assists the participant, or to any spectator who knew or reasonably should have known that the hazardous recreational activity created a substantial risk of injury to himself or herself and was voluntarily in the place of risk, or having the ability to do so failed to leave, for any damage or injury to property or persons arising out of that hazardous recreational activity.

(b) As used in this section, "hazardous recreational activity" means a recreational activity conducted on property of a public entity, which creates a substantial (as distinguished from a minor, trivial, or insignificant) risk of injury to a participant or a spectator.

          "Hazardous recreational activity" also means:

(1) Water contact activities, except diving, in places where or at a time when lifeguards are not provided and reasonable warning thereof has been given or the injured party should reasonably have known that there was no lifeguard provided at the time.

(2) Any form of diving into water from other than a diving board or diving platform, or at any place or from any structure where diving is prohibited and reasonable warning thereof has been given.

(3) Animal riding, including equestrian competition, archery, bicycle racing or jumping, mountain bicycling, boating, cross-country and downhill skiing, hang gliding, kayaking, motorized vehicle racing, off-road motorcycling or four-wheel driving of any kind, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, spelunking, sky diving, sport parachuting, paragliding, body contact sports (i.e., sports in which it is reasonably foreseeable that there will be rough bodily contact with one or more participants), surfing, trampolining, tree climbing, tree rope swinging, waterskiing, white water rafting, and windsurfing. For the purposes of this subdivision, "mountain bicycling" does not include riding a bicycle on paved pathways, roadways, or sidewalks.

(c)  Notwithstanding the provisions of subdivision (a), this section does not limit liability which would otherwise exist for any of the following:

(1) Failure of the public entity or employee to guard or warn of a known   dangerous condition or of another hazardous recreational activity known to the public entity or employee that is not reasonably assumed by the participant as inherently a part of the hazardous recreational activity out of which the damage or injury arose.

(2) Damage or injury suffered in any case where permission to participate in the hazardous recreational activity was granted for a specific fee. For the purpose of this paragraph, a "specific fee" does not include a fee or consideration charged for a general purpose such as a general park admission charge, a vehicle entry or parking fee, or an administrative or group use application or permit fee, as distinguished from a specific fee charged for participation in the specific hazardous recreational activity out of which the damage or injury arose.

(3) Injury suffered to the extent proximately caused by the negligent   failure of the public entity or public employee to properly construct or maintain in good repair any structure, recreational equipment or machinery, or substantial work of improvement utilized in the hazardous recreational activity out of which the damage or injury arose.

(4) Damage or injury suffered in any case where the public entity or employee recklessly or with gross negligence promoted the participation in or observance of a hazardous recreational activity. For purposes of this paragraph, promotional literature or a public announcement or advertisement that merely describes the available facilities and services on the property does not in itself constitute a reckless or grossly negligent promotion.

(5) An act of gross negligence by a public entity or a public employee, which is the proximate cause of the injury. Nothing in this subdivision creates a duty of care or basis of liability for personal injury or for damage to personal property.

(d) Nothing in this section shall limit the liability of an independent   concessionaire, or any person or organization other than the public entity, whether or not the person or organization has a contractual relationship with the public entity to use the public property, for injuries or damages suffered in any case as a result of the operation of a hazardous recreational activity on public property by the concessionaire, person, or organization.

Florida Cave Protection Law (1980)

Section 810.13 Cave vandalism and related offenses. —

  (1) DEFINITIONS. --As used in this act:

(a)  "Cave" means any void, cavity, recess, or system of interconnecting passages which naturally occurs beneath the surface of the earth or within a cliff or ledge, including natural subsurface water and drainage systems but not including any mine, tunnel, aqueduct, or other manmade excavation, and which is large enough to permit a person to enter. The word "cave" includes any cavern, natural pit, or sinkhole, which is an extension of an entrance to a cave.

(b)  "Cave life" means any life form, which is indigenous to a cave or to a cave ecosystem.

(c)  "Gate" means any structure or device located to limit or prohibits access or entry to a cave.

(d)  "Owner" means a person who owns title to land where a cave is located, including a person who holds a leasehold estate in such land; the state or any of its agencies, departments, boards, bureaus, commissions, or authorities; or any county, municipality, or other political subdivision of the state.

(e)  "Person" means any individual, partnership, firm, association, trust, corporation, or other legal entity.

(f)  "Sinkhole" means a closed topographic depression or basin, generally draining underground, including, but not restricted to, a doline, limesink, or sink.

(g)  "Speleogen" means an erosional feature of a cave boundary, including, but not restricted to, anastomoses, scallops, rills, flutes, spongework, or pendants.

(h) "Speleothem" means a natural mineral formation or deposit occurring in a cave, including, but not restricted to, a stalagmite, stalactite, helictite, anthodite, gypsum flower, gypsum needle, angel hair, soda straw, drapery, bacon, cave pearl, popcorn (coral), rimstone dam, column, or flowstone. Speleothems are commonly composed of calcite, epsomite, gypsum, aragonite, celestite, or other similar minerals.

(2) VANDALISM. --It is unlawful for any person, without the prior written permission of the owner, to:

(a)      Break, break off, crack, carve upon, write upon, burn, mark upon,

remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or any natural material which may be found therein, whether attached or broken, including speleothems, speleogens, or sedimentary deposits. This paragraph does not prohibit minimal disturbance or removal for scientific inquiry.

(b)  Break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to a cave, even though entrance thereto may not be gained.

(c) Remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this act.

(3) CAVE LIFE. --It is unlawful to remove, kill, harm, or otherwise disturb any naturally occurring organism within a cave, except for safety or health reasons. The provisions of this subsection do not prohibit minimal disturbance or removal of organisms for scientific inquiry.

(4)  POLLUTION AND LITTERING. --It is unlawful to store in a cave any chemical or other material, which may be detrimental or hazardous to the cave, to the mineral, deposits therein, to the cave life therein, to the waters of the state, or to persons using such cave for any purposes. It is also unlawful to dump, litter, dispose of, or otherwise place any refuse, garbage, dead animal, sewage, trash, or other similar waste materials in a cave. This subsection shall not apply to activity, which is regulated pursuant to s. 373.106, regarding the intentional introduction of water into an underground formation, or chapter 377, regarding the injection of fluids into subsurface formations in connection with oil or gas operations.

(5)  SALE OF SPELEOTHEMS.--It is unlawful for any person to sell or offer for sale any speleothems in this state or to transport them for sale outside this state.

(6) PENALTIES. --Any person who violates subsection (2), subsection (3), subsection (4), or subsection (5) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.775.083.

 History. --ss. 8, 9, 10, 11, 12, 13, Ch. 80-356; s. 486, Ch. 81-259.

NOTE: A First Degree Misdemeanor is a fine of $ 1,000.00.

Georgia Cave Protection Law (1977)

CHAPTER 43-25. CAVE PROTECTION ACT OF 1977 Section. 43-2501

This Chapter shall be known and may be cited as the "Cave Protection Act of 1977." (Acts 1977, p. 833, eff. July 1, 1977. Cross References Penalty for violation of Chapter, see 43-9916.)

Section 43-2502 Findings

The State of Georgia hereby finds that caves are uncommon geologic phenomena, and that the minerals deposited therein may be rare and occur in unique forms of great beauty, which are irreplaceable if destroyed. It is also found that the wildlife which have evolved to live in caves are unusual and of limited numbers, and many are rare and endangered species, and that caves are a natural conduit for groundwater flow and are highly subject to water pollution, which has far-reaching effects transcending man's property boundaries. It is therefore declared to be the policy of this State and the intent of this Chapter to protect these unique natural resources. (Acts 1977, p. 833, eff. July 1, 1977.)

Section 43-2503 Definitions

Unless the context in which used clearly requires a different meaning, as used in this Chapter:

(a) "cave" means any naturally occurring subterranean cavity, including, but not restricted to, a cavern, pit, pothole, natural well, sinkhole and grotto;

(b) "commercial cave" means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry;

(c) "gate" means any structure or device located so as to limit or prohibit access or entry to a cave;

(d) "owner" means a person who owns title to land where a cave is located, including a person who owns title to a leasehold estate in such land, and specifically includes the State and any of its agencies, departments, boards, bureaus, commissions or authorities, as well as counties, municipalities and other political subdivisions of the State;

(e) "sinkhole" means a closed topographic depression or basin, generally draining underground, including, but not restricted to, a doline, limesink or sink;

(f) "speleothem" means a natural mineral formation or deposit occurring in a cave, including, but not restricted to, stalagmites, stalactites, helectites, anthodites, gypsum flowers, gypsum needles, angel's hair, soda straws, draperies, bacon, cave pearls, popcorn (coral), rimstone dams, columns, palettes, and flowstone. Speleothems are commonly composed of calcite, espomite, gypsum, aragonite, celestite and other similar minerals;

(g) "wildlife" means any vertebrate or invertebrate animal life indigenous to this State or any species introduced or specified by the Board of Natural Resources and includes, but is not restricted to, quadrupeds, mammals, birds, fish, amphibians, reptiles, crustaceans and mollusks, or any part thereof. (Acts 1977, p. 833, eff. July 1, 1977.)

Section 43-2504 Vandalism unlawful

It shall be unlawful for any person, without the express prior written permission of the owner, to willfully or knowingly:

(1) break, break off, crack, carve upon, write upon, burn, mark upon, remove, or in any manner destroy, disturb, deface, mar or harm the surfaces of any cave or any natural material therein, including speleothems;

      (2) disturb or alter in any manner the natural condition of any cave;

(3) break, force, tamper with or otherwise disturb a lock, gate, door or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained. (Acts 1977, pp. 833, 834, eff. July 1, 1977.)(Violation is a misdemeanor)

Section 43-2505 Sale of speleothems unlawful

It shall be unlawful to sell or offer for sale any speleothems in this State or to export them for sale outside this State without the express written permission of the owner of the cave from which such speleothems were obtained. (Acts 1977, pp. 833, 835, eff. July 1, 1977.) (Violation is a misdemeanor)

Section 43-2506 Pollution and littering unlawful

It shall be unlawful to store in caves or sinkholes any chemicals and other materials which may be detrimental or hazardous to caves or sinkholes, to the mineral deposits therein, to the wildlife inhabiting caves, to the waters of the State, or to the persons using such phenomenon for any purposes. It shall also be      unlawful to dump, litter, dispose of or otherwise place any refuse, garbage, dead animals, sewage, trash, or other such similar waste materials in any quantity in any cave or sinkhole. (Acts 1977, pp. 833, 835, eff. July 1, 1977.) (Violation is a misdemeanor)

Section 43-2507 Wildlife

It shall be unlawful to remove, kill, harm or disturb any wildlife found within any cave: Provided, however, that nothing contained in this Section shall be construed to repeal Section 32 of an Act completely and exhaustively, revising, superseding and consolidating laws of this State relative to game and fish, approved March 7, 1955 (Ga. Laws 1968, pp. 497, 515) [former 45-208], relating to scientific collectors' permits or any rules or regulations promulgated pursuant thereto or any Federal or State laws relating to the protection of certain plants or animals. (Acts 1977, pp. 833, 835, eff. July 1, 1977.) (Violation is a misdemeanor)

Section 43-2508 Liability of owners and agents

(a) Neither the owner of a cave nor his authorized agents, officers, employees or designated representatives acting within the scope of their authority shall be liable for injuries sustained by any person using said cave for recreational or scientific purposes if the prior consent of the owner has been obtained and if no charge has been made for the use of such features and notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made.

(b) Neither the owner of a commercial cave nor his authorized agents, officers, employees or designated representatives acting within the scope of their authority shall be liable for an injury sustained by a spectator who has paid to view the cave, unless such injury is sustained as a result of such owner's negligence in connection with the providing and maintaining of trails, stairs, electrical wires or other modifications, and such negligence shall be the proximate cause of the injury.

(c) Nothing in this section shall be construed to constitute a waiver of the sovereign immunity of the State or any of its boards, departments, bureaus or agencies. (Acts, 1977, pp. 833, 836, eff. July 1, 1977.)

NOTE: A misdemeanor is a fine not less than $50.00 and not more than $1,000.00 and maybe imprisonment in jail up to one year.

Idaho Cave Protection Law  (1982)

SENATE BILL NO. 1300 BY RESOURCES AND ENVIRONMENT COMMITTEE AN ACT RELATING TO TRESPASS AND MALICIOUS INJURIES TO PROPERTY; AMENDING CHAPTER 70, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-7035, IDAHO CODE, TO PROVIDE THAT IT SHALL BE A MISDEMEANOR FOR ANY PERSON TO DAMAGE, TRESPASS IN OR ATTEMPT TO TRESPASS IN A CAVE OR CAVERN.

Be it Enacted by the Legislature of the State of Idaho:

Section 1.

That Chapter 70, Title 18, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 18-7035, Idaho Code, and to read as follows:

Section 18-7035. DAMAGING CAVES OR CAVERNS UNLAWFUL -- PENALTY.

It shall be unlawful for any person, without prior permission of the federal, state or private landowner, to willfully or knowingly break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, remove, displace, mar or harm any natural material found in any cave or cavern, such as stalactites, stalagmites, helectites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions, or other similar crystalline mineral formations or otherwise; to kill, harm or in any manner or degree disturb any plant or animal life found therein; to otherwise disturb or alter the natural conditions of such cave or cavern through the disposal therein of any solid or liquid materials such as refuse, food, containers or fuel of any nature, whether or not malice is intended; to disturb, excavate, remove, displace, mar or harm any archaeological artifacts found within a cave or cavern including petroglyphs, projectile points, human remains, rock or wood carvings or otherwise, pottery, basketry or any hand-woven articles of any nature, or any pieces, fragments or parts of any such articles; or to break, force, tamper with, remove of otherwise disturb a lock, gate, door, or other structure or obstruction designed to prevent entrance to a cave or cavern, without the permission of the owner thereof, whether or not entrance is gained. For purposes of this section, "cave" means any natural geologically formed void or cavity beneath the surface of the earth, not including any mine, tunnel, aqueduct or other manmade excavation, which is large enough to permit a person to enter. Any person violating the provisions of this section shall be guilty of a misdemeanor.

NOTE: A misdemeanor is a fine of $300.00 and/or imprisonment in jail up to 6 months.

Illinois Cave Protection Law (1985 effective 1986) 

AN ACT to protect and preserve cave resources. P.A. 84-140, approved Aug. 12, 1985, eff. Jan. 1, 1986.

Section 9501. Short title

1.     This Act shall be known and may be cited as the Cave Protection Act.

Section 9502. Definitions

2.     As used in this Act, the following terms have the following meanings, unless the context otherwise requires:

"Cave" means any naturally occurring void, cavity, recess, sinkhole or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge which is large enough to permit a person to enter, including natural subsurface water and drainage systems, but not including any mine, tunnel or other manmade excavation.

"Cave resource" means any cave and its contents, together with associated topographic and hydrological features.

"Commercial cave" means any cave utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry.

"Cultural resource" means any historic or prehistoric human remains, artifacts, constructions or evidence thereof.

              "Department" means the Department of Conservation.

              "Director" means the Director of the Department.

"Gate" means any structure or device located to limit or prohibits access or entry into any cave.

"Natural resource" means any material occurring naturally in caves including, but not limited to, animal life, whether vertebrate or invertebrate, plant life, paleontological deposits, sediments, minerals, speleogens, speleothems, water and other natural resources.

              "Owner" means a person who owns title to land where a cave is l                          located.

"Person" means any individual, partnership, firm, association, trust, corporation or other legal entity.

"Sinkhole" means a closed topographic depression or basin, generally draining underground, including, but not restricted to, a doline, uvala, blind valley, or sink.

"Speleogen" means the surrounding natural material or bedrock in which a cave is formed, including walls, floors and ceiling and similar related structural and geological components.

"Speleothem" means a natural mineral formation or deposit occurring in a cave.

 Section 9503. Powers of department

3. The Department may take special actions as necessary, consistent with the purposes of this Act, including but not limited to:

              (1) employment of cave resources management personnel;

(2) appointment of volunteer cave management and administrative personnel;

(3) providing cave owners with technical assistance and management advice;

(4) entering into volunteer management agreements with individual persons,    members and associations of the caving community;

              (5) initiating a comprehensive inventory of cave resources;

(6) adopt rules in accordance with the Illinois Administrative

Procedure Act {Chapter 127, 1001 et seq.} to further the purposes of this Act;

              (7) issuance of grants from appropriated funds.

Section 9504. Advisory council

4. The Director may also appoint an advisory council composed of individuals, members or organized caving groups or the scientific community for the purpose of developing regulations pursuant to this Act, reviewing management plans for cave resources on public land, or to otherwise provide advice and assistance as deemed necessary by the Department in furthering the purposes of this Act.

Section 9505. Liability of owner

5. Owners of land shall not be liable for injuries, mental harm or death sustained by persons using their land, including but not limited to cave resources, for recreational, educational or scientific purposes. By granting permission for entry or use, the owner does not thereby:

(a) extend any assurance that the premises are safe for such purposes, or

(b) constitute to the permittee the legal status of an invitee or licensee to whom a duty of care is owed, or

(c) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of a permitee except as provided in this Section. This Act shall not limit the liability which otherwise exists for

(1) willful or malicious failure to guard or warn against a dangerous condition, use or natural structure; or

(2) failure to guard or warn against a dangerous manmade structure, fixture or activity; or

(3) for injury suffered in any case where permission was granted for consideration. Nothing in this Section creates a duty of care or ground of liability for injury to person or property.

Section 9506. Violations

6. It shall be unlawful for any person, without expressed written permission of the landowner, to:

(a) Willfully or knowingly break, break off, crack, carve upon, write, burn, mark upon, remove, or in any manner destroy, disturb, deface, mar or harm the surfaces of any cave or any natural material which may be found therein, whether attached or broken, including speleothems, speleogens and sedimentary deposits.

(b) Break, force, tamper with, or otherwise disturb a lock, gate, door or other obstruction designed to control or prevent access to any cave, even though entrance thereto may not be gained.

(c) Remove, deface or tamper with a sign stating that a cave is posted or citing provisions of this Act.

(d) Store, dump, litter, dispose of or otherwise place any refuse, garbage, dead animal, sewage, or toxic substance harmful to cave life or humans in any cave or sinkhole.

(e) Burn within any cave or sinkhole any material, which produces any smoke or gas, which is harmful to any organism in any cave. This Section shall specifically exempt acetylene gas emissions created by carbide lamps used as a source of light by persons using the cave.

(f) Kill, injure, disturb or otherwise interfere with any cave life, including any cave roosting bat, or interfere with or obstruct the free movement of any cave resource into or out of any cave, or enter any cave with the intention of killing, injuring, disturbing or interfering with life forms therein.

(g) Remove any natural or cultural resources found within any cave.

Section 9507. Penalty

7. Any person who violates any provision of this Act sh