Open Letter to Kristi Noem Regarding the Waiving of the 1988 Federal Cave Resources Protection Act

Big Bend National Park, Chihuahuan Desert

This letter was sent to The Honorable Kristi Noem in response to the Department of Homeland Security’s waiving of the Federal Cave Resources Protection Act of 1988 (FCRPA). It is being published here to encourage similar advocacy. Full text follows.

The Honorable Kristi Noem
Secretary of Homeland Security
Office of the Executive Secretary, MS 0525U.S. Department of Homeland Security
2707 Martin Luther King Jr. Ave SE
Washington, DC 20528-0525

Peter F. Johnson
Chair of the Board
National Speleological Society
6001 Pulaski Pike
Huntsville, AL 35810-1122 USA

The Department of Homeland Security’s waiver specifically addresses constructing barriers and roads along the U.S. border, potentially impacting cave and karst-dense areas like Big Bend National Park in Texas.

June 24, 2025

Subject: Concerns Regarding the Waiver of the Federal Cave Resources Protection Act and Other Environmental Laws

Secretary Noem:

On behalf of the National Speleological Society (NSS), I write to express our deep concern regarding the recent determinations issued pursuant to Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), in which the Department of Homeland Security has waived a wide array of federal environmental statutes, including the Federal Cave Resources Protection Act of 1988 (FCRPA).

We fully recognize and respect the Department’s responsibility to safeguard the integrity of our national borders and uphold national security. However, the blanket waivers of laws specifically designed to protect irreplaceable natural and cultural resources raise serious concerns. The FCRPA was enacted with bipartisan support to ensure the conservation of unique subterranean environments that exist nowhere else on Earth—habitats that, once destroyed, cannot be restored.

Waiving protections for cave and karst resources undermines the broader strategic interests of the United States in three key ways:

Compromising Scientific and Ecological Integrity: Many cave systems harbor endemic species and provide critical insight into hydrology, climate history, and biodiversity. Destroying or degrading these resources eliminates potential scientific value and ecological services.
Weakening U.S. Environmental Leadership: The international community views our environmental and conservation policies as indicators of our leadership and values. Setting aside these protections—particularly without public input—damages U.S. credibility and moral authority.
Foreclosing Future Policy Options: Once physical barriers are installed and karst terrain is altered, the impacts are functionally irreversible. These decisions eliminate the possibility of future adaptive management strategies and foreclose pathways for sustainable border solutions.

We respectfully urge the Department to reevaluate the use of Section 102(c) waiver authority in areas where cave and karst resources are likely to be affected. At a minimum, we ask that DHS consult with experts in subterranean environments prior to finalizing construction plans in such areas.

The National Speleological Society, founded in 1941, represents thousands of scientists, conservationists, and recreational cavers with extensive expertise in karst terrain, hydrology, and cave ecology. We would welcome the opportunity to serve as a resource to your Department to identify sensitive areas, recommend best practices, and help avoid irreversible harm to federally protected cave systems.

Thank you for your time and consideration of this important matter. We remain committed to contributing constructively to the protection of both national security and our nation’s unique environmental heritage.

Respectfully,

Peter F. Johnson
National Speleological Society

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