Cave Closure and Restrictions

Associated Documents

Forest Order

U.S. Department of Agriculture, U.S. Forest Service 

Rocky Mountain Region 

Cave Closure and Restrictions

PROHIBITIONS 

Pursuant to 16 U.S.C. § 551 and 36 C.F.R. 261.50(a), the following are prohibited on the National Forest System (NFS) lands within the Rocky Mountain Region (Region 2), which is described further below and in the attached Exhibit A incorporated into this Order (the “Described Area”): 

1. Entering caves in the Described Area identified on Exhibit A during the dates specified on Exhibit A. 36 CFR § 261.53(a) and (d).
2. Entering any cave within the Described Area, not listed on Exhibit A or any cave listed on Exhibit A during any time of year outside of the dates specified on Exhibit A, without:
   1. Complying with the decontamination guidelines in Exhibit B, attached and incorporated into this Order;
   2. Ensuring that equipment and clothing used in states and counties where White nose syndrome (WNS) or WNS fungus has been detected (listed at http://www.whitenosesyndrome.org) are not used in states or counties where WNS or WNS fungus has not been detected; and
   3. Possessing a signed and approved Forest Service Rocky Mountain Region Cave Access Registration Form.

EXEMPTIONS 

Pursuant to 36 CFR § 261.50(e), the following persons are exempt from this Order: 

1. Any Federal, State or local law enforcement officer, or member of an organized rescue or firefighting force in the performance of an official duty.
2. Members of an Indian Tribe, as defined in 36 CFR § 261.2, who are conducting ceremonies, rituals, or other culturally significant events.
3. Persons with Forest Service Permit No. FS-7700-48 (Permit for Use of Roads, Trails, or Areas Restricted by Regulation or Order), specifically exempting them from this Order or a written determination by a Forest Service authorized officer that a permit is not required under 36 C.F.R. § 251.50(e)(1) or (2).
4. Forest Service employees, Forest Service partners or contractors, or state wildlife agency personnel conducting cave resource surveys, bat monitoring, or WNS-related activities who have:
   1. Complied with the decontamination guidelines in Exhibit B; and
   2. Ensured that equipment and clothing used in states and counties where WNS or WNS fungus has been detected (listed at http://www.whitenosesyndrome.org) are not used in states or counties where WNS or WNS fungus has not been detected.
5. Persons:
   1. Either: (i) conducting WNS-related research, inventory, or monitoring to understand and manage WNS or contribute to the nomination of cave resources as significant under the Federal Cave Resources Protection Act (16 U.S.C. § 4301 – 4309 and 36 C.F.R. § 290); or (ii) possessing current proof of their membership in the National Speleological Society (NSS) or Cave Research Foundation who are conducting activities consistent with the organization’s Memorandums of Understanding with the Forest Service (#21-MU-11132428-161 and 21-MU-11132428-101, respectively) or under the Master Project Agreement between the Forest Service and NSS (24-PA-11132426-059); and
   2. Who:
      1. Are in possession of a valid, signed registration form obtained through the Rocky Mountain Region’s public website (https://www.fs.usda.gov/detail/r2/home/?cid=fseprd515209 or by a written request to the Rocky Mountain Region (USDA Forest Service, Rocky Mountain Region, 1617 Cole Blvd., Bldg. 17, Lakewood, CO 80401: ATTN: cave registration request); and
      2. Complied with the decontamination guidelines in Exhibit B; and
      3. Ensured that equipment and clothing used in states and counties where WNS or WNS fungus has been detected (listed at http://www.whitenosesyndrome.org) are not used in states or counties where WNS or WNS fungus has not been detected; or
      4. A written authorization from the Forest Supervisor for those activities in their possession.

DESCRIBED AREA 

The Described Area is all NFS lands in Colorado, Wyoming, South Dakota, and Kansas except that the Described Area does not include the Nebraska National Forest and Grassland, the Buffalo Gap National Grassland, or the Fort Pierre National Grassland in South Dakota.

PURPOSE 

The Rocky Mountain Region prepared the Environmental Assessment for Cave and Abandoned Mine Management to implement this Order (2013). The purpose of this Order is to reduce the spread of the fungus that causes WNS and to protect bat species during critical biological periods. 

IMPLEMENTATION 

1. This Order will be in effect from September 1, 2024 at 12:00am (MT) through August 31, 2027 at 12:00pm (MT), unless rescinded.
2. Exhibits A and B are attached to and made a part of this Order.
3. Unless otherwise expressly defined in this Order, the terms used in this Order are defined by the regulations of the Secretary of Agriculture, 36 C.F.R. Chapter II, Parts 200-299. If there are terms in this Order that are not expressly defined in the Order or 36 C.F.R. Chapter II, Parts 200-299, their meaning shall be determined by their plain language definitions.
4. A violation of these prohibitions is punishable by a fine of not more than $5,000 for an individual and $10,000 for an organization, or imprisonment for not more than six months, or both. (16 U.S.C. § 551, 18 U.S.C. §§ 3559, 3571, 3581).
5. Contact the Rocky Mountain Regional Office in Lakewood, CO at (303)275-5350, for more information about this Order. 

Dated this 1st day of September, 2024, at Lakewood, Colorado.

TROY HEITHECKER

Troy Heithecker

Regional Forester

Rocky Mountain Region

EXHIBIT A

CLOSED CAVES

Entry to the following caves is prohibited during the dates specified. Caves lacking numbers are pending further evaluation and nomination as a significant cave under the Federal Cave Resources Protection Act.

EXHIBIT B

Decontamination Procedures to Help Prevent the Spread of WhiteNose Syndrome (WNS) Associated with Cave (and Abandoned Mine) Entry

USDA Forest Service 

ALL NATIONAL FOREST SYSTEM LANDS

All approved cave entries in the Described Area must adhere to the latest National White-Nose Syndrome Decontamination Protocol. As of this order the current protocol is Version March 2024. The protocol is periodically updated. All persons entering caves on NFS lands are responsible for ensuring they are following the latest version available at www.whitenosesyndrome.org. 

Additionally, the Rocky Mountain Region provides the following addenda that clarifies or expands on the National Protocol relative to decontamination procedures for National Forest System lands in the Region.

USDA Forest Service 

Rocky Mountain Region 

Addenda to the National Protocol

Decontamination on National Forest System lands in the Rocky Mountain Region

White-nose syndrome (WNS) decontamination will occur using the national decontamination protocol in relation to sanctioned cave entry. A cave is defined under the Federal Cave Resources Protection Act as “any naturally occurring void, cavity, recess, or system interconnected passages beneath the surface of the earth or within a cliff or ledge that is large enough for a person to enter, whether the entrance is excavated or naturally formed.” Caves used by bats and of concern in this document include all caves and fissures whether they are accessible by humans or are known to be used by bats or not. 

While the national decontamination protocol properly emphasizes that “the label is the law” when using the products identified in the protocol appropriate for decontamination, many of these are household products for which the labels may not be fully instructive about their use in the situations and environments associated with White-nose syndrome-related decontamination. Consequently, added precaution may be needed in use and proper disposal of decontamination products and materials. Consistent with the national protocol, we also emphasize again bagging exposed gear and clothing and carrying it off-site (off of National Forest System lands) in order to complete the decontamination, following the initial removal of sediment and other debris immediately after emerging from the cave. 

USFS employees are responsible at all times to meet any other existing agency or Region 2 requirements for cave entry and/or use of pesticides in addition to any requirements in this Exhibit.

Disinfectants/Applications 

While the national protocol provides several product and procedural options for decontamination, the preferred option for decontamination for cave and mine entries in the Rocky Mountain Region is to submerge gear in hot water at sustained temperatures ≥55ºC (131ºF) for at least 20 minutes whenever possible without harming the treated gear or equipment. (Water at the required temperature should be very hot, but not boiling, in most cases. Temperature at boiling is altitude-dependent). Thermometers must be used to ensure proper temperatures over the duration of the decontamination. All appropriate regulations regarding use of stoves or fire, as well as appropriate safety precautions to prevent burns or risk of wildfire must be followed. 

Application of quaternary ammonium if used is limited to hard non-porous surfaces. Other decontaminated surfaces or materials need to be treated with a 131ºF water bath for at least 20 minutes or 10% bleach solution within the limits specified by the label and Material Safety Data Sheet (MSDS). 

Disinfectants known to be effective on Pseudogymnoascus destructans (Pd), the fungus that causes WNS, contain chemicals registered with the EPA. It is a violation of federal law to use, store, or dispose of a regulated product in any manner not prescribed on the approved product label and associated MSDS. Users must obtain product labels and MSDSs, read them carefully, and use products only as instructed on the label. Final determination of suitability for any decontaminant is the sole responsibility of the user. Treatments which include the use of the products listed below need to be applied carefully, especially in confined spaces, due to risk of inhalation or contact with the product. All users should be aware of these risks prior to implementing the protocol and understand that products and corresponding procedures may cause irreversible harm. Always use personal protective equipment to reduce contact with these products, particularly when recommended by the manufacturer.

Safe Use of Decontaminants 

Because each state can have different regulations concerning the disposal of decontamination solutions and rinse water, always dispose of these where they will be processed in a municipal water treatment facility. Never dispose of solutions or rinse water on the ground, in ground water, in outhouses, or down simple wastewater systems such as at campgrounds or rural RV dumps. Disposal on National Forest System lands is prohibited.

Biosecurity/Decontamination Procedures 

Caves 

Clothing (including outer clothing), boots, socks, harness/ropes, helmet, hardhat, hippack/daypack, headlamp, flashlight, camera, and other gear should not be used in multiple entries in the same day unless the cleaning and decontamination recommended below can be performed between each entry. Exceptions include: 

• Where caves are known to be interconnected and have multiple entrances, decontamination is not required between entries at the various entrances within the same day.
• Forests may identify logical decontamination zones that allow decontamination between cave clusters when use or disposal of decontamination chemicals between individual caves, present a human or environmental risk. Decontamination zones should also encompass areas that are likely to be used by the same group of bats and at the smallest possible geographic unit to minimize risk of contamination between zones. These geographic units could be hydrologic unit code boundaries (HUCs) or bat habitat use areas.
• Movement between the sites will occur by foot. If any vehicle will be used to travel between sites, gear will be decontaminated or securely stored in a container before entering/mounting the vehicle (including automobile, ATV, mountain bike, horse, etc.).
• Any item that comes in contact with contaminated gear (anything that has entered a site) will need decontamination. For example, if a backpack is put on while still wearing the coveralls/tyvex suit worn in the site, the backpack will need to be decontaminated.
• Any item that will not be securely stored in a container should be decontaminated before placed in a vehicle. This includes outer clothing that has entered a site (i.e. do not get in or on a vehicle in clothing that has entered a site unless it is decontaminated). Vehicle interiors are impractical to decontaminate so should be kept clean.
• If a site being entered is outside the designated decontamination zone/HIC, that gear/clothing should be decontaminated or changed for clean gear/clothing. Decontamination must occur no less frequently than at the end of each day.
• Gear that is designated to a site or decontamination zone should be decontaminated or replaced annually.

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