National Park Service Grant Opportunity: Collaboration with NMT and NCKRI

OVERVIEW

In 1998, Congress created the National Cave and Karst Research Institute (“NCKRI”) via Public Law 105-325, 16 U.S.C. §4310 note (“The Act”). The Act states that the purposes of the NCKRI are: “1) to further the science of speleology; (2) to centralize and standardize speleological information; (3) to foster interdisciplinary cooperation in cave and karst research programs; (4) to promote public education; (5) to promote national and international cooperation in protecting the environment for the benefit of cave and karst landforms; and (6) to promote and develop environmentally sound and sustainable resource management practices.” Pursuant to the Act, the NCKRI is to be “jointly administered by the National Park Service (NPS) and a public or private agency, organization, or institution, as determined by the Secretary.” 16 U.S.C. note, §4(a).

Via Cooperative Agreement H2360097030 between the NPS and the New Mexico Institute of Mining and Technology (NMT), NMT became the primary academic partner to jointly administer NCKRI with the NPS. Pursuant to § 4(b) of the Act, the NPS “would serve as the primary lead, with ultimate responsibility for the Institute, and would retain indirect control over its activities and responsibilities.” The NPS discharges this responsibility primarily via its position as Chair of the Institute’s Budget Committee, and through its cooperative relationship with NMT

The NPS seeks to continue its work with NMT to support the Institute in carrying out the purposes under the Act, and the Institute’s Articles of Incorporation and By-Laws. Through this Task Agreement, the NPS is fulfilling its statutory duty to support the Institute.

RECIPIENT AND NATIONAL PARK SERVICE INVOLVEMENT

NMT, in cooperation and collaboration with the NPS, including staff in the Geologic Resources Division and cave and karst specialists within the agency, and the NCKRI Board of Directors, will:

1. Improve the Institute’s capabilities at effective public outreach and communication by continuing to:

a) Upgrade the Institute’s website to include new information about the Institute, its progress and activities, general and advanced information on cave and karst resources and values, and on-line lessons about cave and karst resources;
b) Develop a cave and karst educator network in furtherance of the Institute’s goals; and
c) Develop the Institute’s headquarters as a center for educational and outreach programs on caves and karst.

2. Enhance the Institute’s image and abilities as a leading cave and karst research center by:

a) Developing research partnerships and programs locally, nationally, and internationally;
b) Attending conferences to present the Institute’s research results;
c) Organizing conferences that promote cave and karst science in general and raise professional awareness of the Institute as a leader in the field;
d) Undertaking at least one nationally significant cave and karst research project; and
e) Establishing the Institute as a national clearinghouse for cave and karst information.

3. Advance the completion of the Institute’s headquarters building by:

a) Researching and approaching potential sponsors for funds to complete the unfinished parts of the building;
b) Conducting contract research to develop independent funding to supplement general operating expenses and complete unfinished parts of the building.

The National Park Service did not solicit full and open competition for this award based the following criteria:

(3) LEGISLATIVE INTENT

Single Source Justification Description:

In accordance with 16 U.S.C. §4310 note, the National Cave and Karst Research Institute Act of 1998 was passed by the 105th Congress and NPS was mandated to establish the Institute. While NCKRI is a non-profit, government-supported institute, the NPS continues its responsibility to fund NCKRI and expand on its objectives and programs.

STATUTORY AUTHORITY

16 U.S.C.
United States Code, 2011 Edition
Title 16 – CONSERVATION
CHAPTER 63 – FEDERAL CAVE RESOURCES PROTECTION
Sec. 4310 – Establishment of Cave Research Program

§4310. Establishment of Cave Research Program

(a) Establishment
In order to provide for needed research relating to cave resources on certain lands in the United States, the Secretary of the Interior, acting through the Director of the National Park Service shall establish and administer a Cave Research Program (hereinafter in this section referred to as the “Program”). The Program shall include the orderly and scholarly collection, analysis, and dissemination of research material related to caves in lands managed by the National Park Service including, but not limited to, Carlsbad Caverns National Park and the Capitan Reef area.

(b) Functions
The Program shall produce educational and interpretive information and materials vital to public understanding of cave geology, assist students and researchers, and provide for a comprehensive evaluation of cave resources and measures needed for their protection.

(c) Emphasis
The program 1 shall be directed primarily toward lands managed by the National Park Service, but the Secretary of the Interior may enter into cooperative agreements with other agencies or entities as may be appropriate to carry out the purposes of this section.
(Pub. L. 101-578, title II, §202, Nov. 15, 1990, 104 Stat. 2859.)

REFERENCES IN TEXT
This section, referred to in subsecs. (a) and (c), was in the original “‘this title” meaning title II of Pub. L. 101-578, Nov. 15, 1990, 104 Stat. 2859, which enacted this section and provisions set out as notes below. For complete classification of title II to the Code, see Tables.

CODIFICATION
Section was not enacted as part of the Federal Cave Resources Protection Act of 1988 which comprises this chapter.

NATIONAL CAVE AND KARST RESEARCH INSTITUTE
Pub. L. 105-325, Oct. 30, 1998, 112 Stat. 3038, as amended by Pub. L. 111-11, title VII, §7305, Mar. 30, 2009, 123 Stat. 1219, provided that:

“SECTION 1. SHORT TITLE.
“This Act may be cited as the `National Cave and Karst Research Institute Act of 1998′.

“SEC. 2. PURPOSES.
“The purposes of this Act are-
“1) to further the science of speleology;
“(2) to centralize and standardize speleological information;
“(3) to foster interdisciplinary cooperation in cave and karst research programs;
“(4) to promote public education;
“(5) to promote national and international cooperation in protecting the environment for the benefit of cave and karst landforms; and
“(6) to promote and develop environmentally sound and sustainable resource management practices.

“SEC. 3. ESTABLISHMENT OF THE INSTITUTE.
“(a) In General.-The Secretary of the Interior (referred to in this Act as the `Secretary’), acting through the Director of the National Park Service, shall establish the National Cave and Karst Research Institute (referred to in this Act as the `Institute’).
“(b) Purposes.-The Institute shall, to the extent practicable, further the purposes of this Act.
“(c) Location.-The Institute shall be located in the vicinity of Carlsbad Caverns National Park, in the State of New Mexico. The Institute shall not be located inside the boundaries of Carlsbad Caverns National Park.

“SEC. 4. ADMINISTRATION OF THE INSTITUTE.
“(a) Management.-The Institute shall be jointly administered by the National Park Service and a public or private agency, organization, or institution, as determined by the Secretary.
“(b) Guidelines.-The Institute shall be operated and managed in accordance with the study prepared by the National Park Service pursuant to section 203 of the Act entitled `An Act to conduct certain studies in the State of New Mexico’, approved November 15, 1990 (Public Law 101¿578; 16 U.S.C. 4310 note).
“(c) Contracts and Cooperative Agreements.-The Secretary may enter into a contract or cooperative agreement with a public or private agency, organization, or institution to carry out this Act.
“(d) Facility.-
“(1) Leasing or acquiring a facility.-The Secretary may lease or acquire a facility for the Institute.
“(2) Construction of a facility.-If the Secretary determines that a suitable facility is not available for a lease or acquisition under paragraph (1), the Secretary may construct a facility for the Institute.
“(e) Acceptance of Grants and Transfers.-To carry out this Act, the Secretary may accept-
“(1) a grant or donation from a private person; or
“(2) a transfer of funds from another Federal agency.

“SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated such sums as are necessary to carry out this Act.”

CONGRESSIONAL FINDINGS
Section 201 of Pub. L. 101-578 provided that: “The Congress makes the following findings:
“(1) The World’s most exposed fossil reef, Capitan Reef, in southern New Mexico that includes Carlsbad Caverns, contains over 300 caves, including 75 identified caves in Carlsbad Caverns National Park and 22 caves in Guadalupe Mountains National Park.
“(2) Recent explorations of Lechuguilla Cave at Carlsbad Caverns National Park have provided much new information about the wonders of this cave including the fact that it is the second deepest cave in the United States and contains outstanding world-class cave features such as gypsum crystal chandeliers and gypsum flowers.
“(3) The Lechuguilla Cave has been described by cave researchers as possibly the finest cave in America.
“(4) The interest and excitement of cave researchers throughout the world have been focused on Carlsbad Caverns National Park.
“(5) Cave researchers could use this research institute as an operational base for study of caves in other regions and as a focal point for storage of data on cave geology and speleology.
“(6) The Congress, with the passage of Public Law 100-691, the Federal Cave Resources Protection Act of 1988 [16 U.S.C. 4301 et seq.], recognized the significance of cave resources on Federal lands and established the policy that Federal lands be managed in a manner which protects and maintains, to the extent practicable, significant cave resources.”

CAVE RESEARCH INSTITUTE STUDY
Section 203 of Pub. L. 101-578 directed Secretary of the Interior, not later than one year after Nov. 15, 1990, to prepare and transmit to Congress a study on the feasibility of establishing a Cave Research Institute.

AUTHORIZATION OF APPROPRIATIONS
Section 204 of title II of Pub. L. 101-578 provided that: “There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title [enacting this section and provisions set out as notes above].”