[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3858 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3858

To authorize the Secretary of Interior to cancel certain grazing leases 
  on land in Cascade-Siskiyou National Monument that are voluntarily 
waived by the lessees, to provide for the exchange of certain Monument 
 land in exchange for private land, to designate certain Monument land 
                 as wilderness, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2006

 Mr. Smith (for himself and Mr. Wyden) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Interior to cancel certain grazing leases 
  on land in Cascade-Siskiyou National Monument that are voluntarily 
waived by the lessees, to provide for the exchange of certain Monument 
 land in exchange for private land, to designate certain Monument land 
                 as wilderness, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cascade-Siskiyou National Monument 
Voluntary and Equitable Grazing Conflict Resolution Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) Presidential Proclamation Number 7318, dated June 13, 
        2000 (65 Fed. Reg. 37247), which established the Cascade-
        Siskiyou National Monument, created unique regulatory and 
        statutory overlays with respect to the Monument;
            (2) compensating lessees that voluntarily waive their 
        grazing leases and end livestock grazing on Federal land in and 
        near the Monument would provide lessees new economic 
        opportunities, including opportunities to--
                    (A) restructure ranch operations;
                    (B) start new businesses; or
                    (C) retire with security;
            (3) regardless of the legal merits of continued grazing on 
        the Monument, there is support from the ranching, 
        environmental, and other local communities and government 
        officials for a fair and equitable resolution of grazing 
        conflicts;
            (4) the land exchange authorized under this Act is in the 
        public interest because the exchange--
                    (A) furthers the protective purposes of the 
                Monument;
                    (B) provides for consolidated land ownership;
                    (C) improves land and resource management;
                    (D) decreases management costs; and
                    (E) resolves public conflict;
            (5) the waiver of grazing leases under this Act is not 
        intended to reflect on--
                    (A) the legal or ecological merit of continued 
                grazing within the Monument; or
                    (B) the merit of proposals to limit or retire 
                grazing permits in the State of Oregon or any other 
                State; and
            (6) designating certain portions of the Monument as 
        wilderness would ensure that an increasing population, 
        expanding settlement, and increasing mechanization would not 
        modify those portions in a manner that would cumulatively deny 
        future generations the opportunity to the wilderness 
        experience.
    (b) Purposes.--The purposes of this Act are--
            (1) to maintain the economic viability of cattle ranching 
        in the vicinity of the Monument;
            (2) to authorize the permanent retirement of certain 
        grazing leases and associated allotments within and in the 
        vicinity of the Monument; and
            (3) to protect unique ecological diversity and high quality 
        outdoor recreational opportunities in the wildest portions of 
        the Monument by designating the portions as the Soda Mountain 
        Wilderness.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Bureau of land management land.--The term ``Bureau of 
        Land Management land'' means the approximately 40 acres of land 
        under the jurisdiction of the Bureau of Land Management in the 
        Monument, as generally depicted on the land exchange map.
            (2) Grazing allotment.--The term ``grazing allotment'' 
        means the Box R, Buck Lake, Buck Mountain, Buck Point, Conde 
        Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly, 
        Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and 
        Soda Mountain grazing allotments in the State.
            (3) Grazing lease.--The term ``grazing lease'' means any 
        document authorizing the use of a grazing allotment for the 
        purpose of grazing domestic livestock for commercial purposes.
            (4) Land exchange map.--The term ``land exchange map'' 
        means the map entitled ``Box R Ranch Land Exchange'' and dated 
        [___], 2006.
            (5) Landowner.--The term ``Landowner'' means Box-R Ranch in 
        the State.
            (6) Lessee.--The term ``lessee'' means a livestock operator 
        that holds a valid term grazing lease for a grazing allotment.
            (7) Livestock.--The term ``livestock'' does not include 
        beasts of burden used for recreational purposes in the 
        Monument.
            (8) Monument.--The term ``Monument'' means the Cascade-
        Siskiyou National Monument in the State.
            (9) Range development.--
                    (A) In general.--The term ``range development'' 
                means any structure, fence, water development, or other 
                permanent fixture placed on a grazing allotment 
                relating to grazing domestic livestock.
                    (B) Exclusions.--The term ``range development'' 
                does not include any rolling stock, livestock, or 
                diversions of water from Federal land onto non-Federal 
                land.
            (10) Rowlett parcel.--The term ``Rowlett parcel'' means the 
        parcel of approximately 40 acres of private land, as depicted 
        on the land exchange map.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (12) State.--The term ``State'' means the State of Oregon.
            (13) Wilderness.--The term ``Wilderness'' means the Soda 
        Mountain Wilderness designated by section 6(a).
            (14) Wilderness map.--The term ``wilderness map'' means the 
        map entitled ``Soda Mountain Wilderness'' and dated [____], 
        2006.

SEC. 4. VOLUNTARY GRAZING LEASE WAIVER PROGRAM.

    (a) Existing Grazing Leases.--
            (1) Waiver.--The Secretary--
                    (A) shall, subject to the availability of funds, 
                offer to provide compensation to a lessee in exchange 
                for the waiver by a lessee of a grazing lease; and
                    (B) if the lessee accepts the offer in accordance 
                with this section, shall, not later than 30 days after 
                the date on which the lessee accepts the offer, 
                simultaneously--
                            (i) provide to the lessee the compensation 
                        specified in paragraph (2);
                            (ii) terminate the grazing lease waived; 
                        and
                            (iii) permanently retire the associated 
                        grazing allotment or portion of the grazing 
                        allotment from livestock grazing use.
            (2) Amount of compensation.--Compensation for the waiver of 
        a grazing lease under paragraph (1) shall be equal to $300 per 
        authorized animal unit month.
            (3) Partial allotment retirements.--If a lessee offers to 
        waive only the Monument portion of a grazing lease for a 
        grazing allotment that is partially in the Monument, the 
        Secretary shall, at full Federal expense, construct and 
        maintain a fence to exclude livestock from the portion of the 
        grazing allotment that is within the boundaries of the 
        Monument.
            (4) Joint lease.--If a grazing allotment is jointly leased 
        to more than 1 lessee--
                    (A) the Secretary shall not accept waiver of a 
                joint grazing lease unless all lessees subject to the 
                grazing lease exercise the option to waive the grazing 
                lease under paragraph (1); or
                    (B) if the option is not exercised by all the 
                lessees under paragraph (1), the Secretary shall--
                            (i) in communication, consultation, and 
                        cooperation with any lessees that do not 
                        exercise the option under paragraph (1), 
                        construct and maintain a fence at Federal 
                        expense for the purpose of keeping livestock 
                        within a reduced area of the grazing allotment 
                        that is commercially and seasonally 
                        proportional with the remaining authorized 
                        animal unit months in the grazing allotment, 
                        including private land used as exchange of use 
                        on the date of enactment of this Act; and
                            (ii) accept the waived portion of the joint 
                        lease from any joint lessees that have 
                        exercised the option under paragraph (1).
            (5) Limitations.--The Secretary--
                    (A) with respect to the Agate, Emigrant Creek, and 
                Siskiyou allotments in and near the Monument as of the 
                date of enactment of this Act--
                            (i) shall not issue grazing leases; and
                            (ii) shall permanently retire the 
                        allotments from livestock grazing use; and
                    (B) shall not establish any new allotments that 
                include--
                            (i) any Federal land within a grazing 
                        allotment or an allotment described in 
                        subparagraph (A); or
                            (ii) any Monument land (whether leased or 
                        not leased for grazing on the date of enactment 
                        of this Act).
            (6) Deadline.--To waive a grazing lease in accordance with 
        this section, a lessee shall exercise the right to waive the 
        grazing lease by not later than the date that is 3 years after 
        the date of enactment of this Act.
            (7) Effect of waiver.--A lessee who receives compensation 
        for voluntarily waiving a grazing lease under this section 
        shall be considered to have waived any claim to all range 
        developments on the associated grazing allotments.
            (8) Donation of grazing leases.--
                    (A) In general.--Nothing in this section prevents a 
                lessee from donating to the Secretary, at any time, a 
                grazing lease without Federal compensation, in 
                accordance with this section.
                    (B) Acceptance by.--If a lessee donates a grazing 
                lease to the Secretary, the Secretary shall accept the 
                donation in accordance with clauses (ii) and (iii) of 
                paragraph (1)(B).
    (b) Additional Allocations.--Beginning on the date of enactment of 
this Act, the Secretary shall not authorize any allotments for 
livestock grazing on Monument land that are not in existence on the 
date of enactment of this Act.

SEC. 5. LAND EXCHANGE.

    (a) In General.--For the purpose of protecting and consolidating 
Federal land within the Monument, the Secretary--
            (1) may offer to convey to the Landowner the Bureau of Land 
        Management land in exchange for the Rowlett parcel; and
            (2) if the Landowner accepts the offer, not later than 70 
        days after the date on which the Landowner conveys acceptable 
        title to the Rowlett parcel to the Secretary, shall convey to 
        the Landowner all right, title, and interest of the United 
        States in and to the Bureau of Land Management land.
    (b) Surveys.--
            (1) In general.--The exact acreage and legal description of 
        the Bureau of Land Management land and the Rowlett parcel shall 
        be determined by surveys approved by the Secretary.
            (2) Costs.--The Secretary shall be responsible for paying 
        the costs of--
                    (A) any survey conducted under paragraph (1); and
                    (B) any other administrative costs relating to the 
                land exchange authorized under this section.
    (c) Conditions.--
            (1) In general.--The conveyance of Bureau of Land 
        Management land and the Rowlett parcel under subsection (a) 
        shall be subject to valid existing rights.
            (2) Title approval.--Title to the Rowlett parcel shall 
        conform with the title approval standards applicable to Federal 
        land acquisitions.
    (d) Applicable Law.--
            (1) In general.--Except as otherwise provided in this 
        section, the conveyance of Bureau of Land Management land under 
        this section is subject to any laws (including regulations) 
        applicable to the conveyance and acquisition of land under the 
        jurisdiction of the Bureau of Land Management.
            (2) Exemption.--The exchange of land authorized under this 
        section shall not--
                    (A) require the promulgation of additional 
                regulations by the Secretary; or
                    (B) be subject to the notice and comment provisions 
                of section 553 of title 5, United States Code.

SEC. 6. SODA MOUNTAIN WILDERNESS.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), approximately 23,000 acres of Monument land, as 
generally depicted on the wilderness map, is designated as wilderness 
and as a component of the National Wilderness Preservation System, to 
be known as the ``Soda Mountain Wilderness''.
    (b) Map and Legal Description.--
            (1) Submission of map and legal description.--As soon as 
        practicable after the date of enactment of this Act, the 
        Secretary shall file a map and legal description of the 
        Wilderness with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Resources of the House of 
                Representatives.
            (2) Force and effect.--
                    (A) In general.--The map and legal description 
                filed under paragraph (1) shall have the same force and 
                effect as if included in this Act, except that the 
                Secretary may correct any clerical or typographical 
                error in the map or legal description.
                    (B) Notification.--The Secretary shall submit to 
                Congress notice of any changes made in the map or legal 
                description under subparagraph (A), including notice of 
                the reason for the change.
            (3) Public availability.--The map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in--
                    (A) the Office of the Director of the Bureau of 
                Land Management;
                    (B) the Office of the Oregon State Director of the 
                Bureau of Land Management; and
                    (C) the Medford District Office of the Bureau of 
                Land Management.
    (c) Administration of Wilderness.--
            (1) In general.--Subject to valid existing rights, the 
        Wilderness shall be administered by the Secretary in accordance 
        with the Wilderness Act (16 U.S.C. 1131 et seq.), except that 
        any reference in the Wilderness Act to the effective date of 
        the Wilderness Act shall be considered to be a reference to the 
        date of enactment of this Act.
            (2) Fire, insect, and disease management activities.--The 
        Secretary may take such measures in the Wilderness as are 
        necessary to control and prevent fire, insects, and diseases, 
        as provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 
        1133(d)(1)) and the guidelines contained in [the Report of the 
        Committee on Interior and Insular Affairs (H. Report 98-40) to 
        accompany the California Wilderness Act of 1984 (Public Law 98-
        425; 16 U.S.C. 1131 note).]
            (3) Livestock.--
                    (A) Administration.--Except as provided in section 
                4 and Presidential Proclamation Number 7318, dated June 
                13, 2000 (65 Fed. Reg. 37247), any grazing of livestock 
                and the maintenance of range development in the 
                Wilderness established before the date of enactment of 
                this Act shall be permitted to continue in accordance 
                with--
                            (i) section 4(d)(4) of the Wilderness Act 
                        (16 U.S.C. 1133(d)(4)); and
                            (ii) the guidelines set forth in Appendix A 
                        of the report of the Committee on Interior and 
                        Insular Affairs of the House of Representatives 
                        accompanying H.R. 2570 of the 101st Congress 
                        (H. Rept. 101-405).
                    (B) Retirement of certain permits.--On the 
                retirement of any grazing lease applicable to any 
                portion of the Wilderness, grazing of domestic 
                livestock in the applicable portion of the Wilderness 
                shall be prohibited.
            (4) Fish and wildlife management.--In accordance with 
        section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 
        nothing in this Act affects the jurisdiction of the State with 
        respect to fish and wildlife on public land in the State.
            (5) Adjacent management.--
                    (A) In general.--Nothing in this Act creates a 
                protective perimeter or buffer zone around the 
                Wilderness.
                    (B) Activities outside wilderness.--The fact that a 
                nonwilderness activity or use can be seen or heard from 
                the Wilderness shall not preclude the conduct of the 
                activity or use outside the boundary of the Wilderness.

SEC. 7. EFFECT.

    Nothing in this Act--
            (1) affects the authority of a Federal agency to otherwise 
        modify or terminate grazing permits or leases without 
        compensation;
            (2) authorizes the use of eminent domain;
            (3) creates a property right in any grazing permit or lease 
        on Federal land;
            (4) establishes a precedent for future grazing permit or 
        lease buyout programs; or
            (5) affects the allocation, ownership, interest, or 
        control, in existence on the date of enactment of this Act, of 
        any water, water right, or any other valid existing right held 
        by the United States, an Indian tribe, a State, or a private 
        individual, partnership, or corporation.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary--
            (1) $2,000,000 to provide compensation to lessees that 
        waive grazing leases under section 4; and
            (2) $1,500,000 for fence construction and other methods of 
        livestock control in and near the Monument, of which $150,000 
        shall be made available for fiscal year 2007 and each fiscal 
        year thereafter (adjusted for inflation) for the purpose of 
        preventing domestic livestock from entering the Federal land 
        described in section 4(a).
    (b) Limitation.--None of the amounts made available under 
subsection (a) shall be used by any Federal agency for administrative 
costs incurred in carrying out this Act.
    (c) Availability.--Amounts made available under subsection (a) 
shall remain available until expended.
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