[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6291 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6291

To adjust the boundary of Oregon Caves National Monument, to amend the 
   Wild and Scenic Rivers Act to designate certain river segments in 
        Oregon as wild or scenic rivers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2008

   Mr. DeFazio (for himself, Mr. Blumenauer, Mr. Wu, and Ms. Hooley) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To adjust the boundary of Oregon Caves National Monument, to amend the 
   Wild and Scenic Rivers Act to designate certain river segments in 
        Oregon as wild or scenic rivers, 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 ``Oregon Treasures Act of 2008''.

SEC. 2. OREGON CAVES BOUNDARY ADJUSTMENT.

    (a) Findings.--Congress finds the following:
            (1) Oregon Caves National Monument, an area of 
        approximately 480 acres in the Siskiyou Mountains of southern 
        Oregon, was established by Presidential Proclamation 876 on 
        July 12, 1909, to protect the caves, which were determined to 
        have unusual scientific interest and importance.
            (2) Administration of the Monument was transferred from the 
        Forest Service to the National Park Service on June 10, 1933, 
        by Executive Order 6166.
            (3) The Monument's 1999 General Management Plan recommends 
        adding surrounding lands to the Monument in order to provide 
        better protection for cave ecology, surface and subsurface 
        hydrology, public water supply, trails and views, and to 
        establish a logical topographical boundary and enhance public 
        outdoor recreational opportunities.
    (b) Definitions.--In this Act:
            (1) Grazing allotment.--The term ``grazing allotment'' 
        means the Big Grayback Grazing Allotment in the Rogue River-
        Siskiyou National Forest or the Billy Mountain Grazing 
        Allotment on nearby Bureau of Land Management land.
            (2) Grazing permit or lease.--The term ``grazing permit or 
        lease'' means any document authorizing the use of a grazing 
        allotment for the purpose of grazing livestock for commercial 
        purposes.
            (3) Lessee.--The term ``lessee'' means a livestock operator 
        that holds a valid existing grazing lease for a grazing 
        allotment.
            (4) Map.--The term ``map'' means the map titled ``Oregon 
        Caves National Monument, Proposed Boundary'', numbered 150/
        80,023, and dated June 2008.
            (5) Monument.--The term ``Monument'' means the Oregon Caves 
        National Monument established by Presidential Proclamation 876 
        of July 12, 1909.
            (6) Permittee.--The term ``permitee'' means a livestock 
        operator that holds a valid existing grazing permit for a 
        grazing allotment.
            (7) Secretary concerned.--The term ``Secretary concerned'' 
        means the Secretary of the Interior or the Secretary of 
        Agriculture, as appropriate.
    (c) Boundary Adjustment; Land Transfer.--
            (1) Monument boundary.--The boundary of the Monument is 
        adjusted to--
                    (A) include approximately 4,070 acres of land 
                identified as ``Proposed Addition Lands'' on the map; 
                and
                    (B) exclude approximately 4 acres of land located 
                in the city of Cave Junction, Oregon and identified as 
                ``Water Treatment Plant-Cave Junction Unit'' on the 
                map.
            (2) Land transfer.--The Secretary of Agriculture shall 
        transfer administrative jurisdiction of the land referred to in 
        paragraph (1) to the Secretary of the Interior, and shall 
        adjust the boundary of Rogue River-Siskiyou National Forest to 
        exclude the transferred land.
            (3) Availability of map.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the National Park Service.
    (d) Ecological Forest Restoration.--As soon as practicable after 
the date of the enactment of this Act, the Secretary concerned shall 
implement forest restoration activities within the Monument boundary. 
Such activities shall--
            (1) reduce the risk of losing key ecosystem components;
            (2) restore the proper role of fire in the ecosystem; and
            (3) ensure that forest attributes, such as species 
        composition and structure, are intact and functioning within a 
        historical range.
    (e) Voluntary Donation of Grazing Permits or Leases.--
            (1) Acceptance of donation.--The Secretary concerned shall 
        accept any grazing permit or lease, or a portion thereof, that 
        is donated by a permitee or lessee.
            (2) Termination.--The Secretary concerned shall terminate 
        any grazing permit or lease acquired under paragraph (1).
            (3) No new grazing permit or lease.--With respect to each 
        grazing permit or lease donated under paragraph (1), the 
        Secretary concerned shall--
                    (A) not issue any new grazing permit or lease 
                within the grazing allotment covered by the grazing 
                permit or lease; and
                    (B) ensure a permanent end to livestock grazing on 
                the grazing allotment covered by the grazing permit or 
                lease.
            (4) Effect of donation.--A lessee who donates a grazing 
        permit or lease, or a portion thereof, under this section shall 
        be deemed to have waived any claim to any range improvement on 
        the associated grazing allotment.

SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.

    (a) Oregon Caves Creek Additions.--Section 3(a) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end 
the following:
            ``( ) Oregon caves national monument, oregon.--The 
        following segments in the State of Oregon, to be administered 
        by the Secretary of the Interior:
                    ``(A) Cave creek.--The approximately 2.6 mile 
                segment of Cave Creek from the headwaters at the River 
                Styx to the boundary between the Oregon Caves National 
                Monument and the Rogue River-Siskiyou National Forest 
                as a recreational river.
                    ``(B) Lake creek.--The approximately 3.6 mile 
                segment of Lake Creek from the headwaters at Bigelow 
                Lakes to the confluence with Cave Creek as scenic 
                river.
                    ``(C) No name creek.--The approximately 0.6 mile 
                segment of No Name Creek from the headwaters to the 
                confluence with Cave Creek as a wild river.
                    ``(D) Panther creek.--The approximately 0.8 mile 
                segment of Panther Creek from the headwaters to the 
                confluence with Lake Creek as a scenic river.
                    ``(E) River styx.--The segment of the River Styx 
                from the source to the confluence with Cave Creek as a 
                recreational river.
                    ``(F) Upper cave creek.--The segment of Upper Cave 
                Creek from the headwaters to the confluence with the 
                River Styx as a recreational river.''.
    (b) Rogue River Additions.--
            (1) Section 3(a)(5) of the Wild and Scenic Rivers Act (16 
        U.S.C. 1274(a)) is amended--
                    (A) by striking ``The segment'' and inserting ``(A) 
                The segment''; and
                    (B) by adding at the end the following:
            ``(B) Additional areas.--In addition to the segment 
        described in subparagraph (A), the following segments:
                    ``(i) Kelsey creek.--
                            ``(I) The approximately 2.2 miles from its 
                        headwaters to the eastern section line of 32S 
                        8W sec. 30 as a recreational river.
                            ``(II) The approximately 7.1 miles from the 
                        eastern section line of 32S 8W sec. 30 to the 
                        confluence with the Rogue River as a wild 
                        river.
                    ``(ii) East fork kelsey creek.--
                            ``(I) The approximately 0.1 miles of East 
                        Fork Kelsey Creek from its headwaters to 0.1 
                        miles downstream of road 32-7-19.3 as a scenic 
                        river.
                            ``(II) The approximately 4.7 miles of East 
                        Fork Kelsey Creek downstream from 0.1 miles 
                        downstream of road 32-7-19.3 to the confluence 
                        with Kelsey Creek as a wild river.
                    ``(iii) Whisky creek.--
                            ``(I) The approximately 0.6 miles of Whisky 
                        Creek from the confluence of the East Fork and 
                        West Fork to 0.1 miles downstream from road 33-
                        8-23 as a recreational river.
                            ``(II) The approximately 1.9 miles from 0.1 
                        miles downstream from road 33-8-23 to the 
                        confluence with the Rogue River as a wild 
                        river.
                    ``(iv) East fork whisky creek.--
                            ``(I) The approximately 0.1 miles of East 
                        Fork Whisky Creek from its headwaters to 0.1 
                        miles downstream of road 34-8-1 as a scenic 
                        river.
                            ``(II) The approximately 3.7 miles of East 
                        Fork Whisky Creek from 0.1 miles downstream of 
                        road 34-8-1 to the confluence with Whisky Creek 
                        as a wild river.
                    ``(v) West fork whisky creek.--The approximately 
                4.8 miles of West Fork Whisky Creek from its headwaters 
                to the confluence of the Rogue River as a wild river.
                    ``(vi) Big windy creek.--
                            ``(I) The approximately 1.5 miles from its 
                        headwaters to 0.1 miles downstream from road 
                        34-9-17.1 as a scenic river.
                            ``(II) The approximately 5.8 miles from 0.1 
                        miles downstream from road 34-9-17.1 to the 
                        confluence with the Rogue River as a wild 
                        river.
                    ``(vii) East fork big windy creek.--
                            ``(I) The approximately 0.2 miles of East 
                        Fork Big Windy Creek from its headwaters to 0.1 
                        miles downstream from road 34-8-36 as a scenic 
                        river.
                            ``(II) The approximately 3.7 miles from 0.1 
                        miles downstream from road 34-8-36 to the 
                        confluence with Big Windy Creek as a wild 
                        river.
                    ``(viii) Little windy creek.--
                            ``(I) The approximately 1.1 miles of Little 
                        Windy Creek from its headwaters to 0.1 miles 
                        downstream of road 34-8-36 as a scenic river.
                            ``(II) The approximately 1.9 miles from 0.1 
                        miles downstream of road 34-8-36 to the 
                        confluence with the Rogue River as a wild 
                        river.
                    ``(ix) Howard creek.--
                            ``(I) The approximately 0.3 miles of Howard 
                        Creek from its headwaters to 0.1 miles 
                        downstream of road 34-9-34 as a scenic river.
                            ``(II) The approximately 6.9 miles of 
                        Howard Creek from 0.1 miles downstream of road 
                        34-9-34 to the confluence with the Rogue River 
                        as a wild river.
                    ``(x) Mule creek.--
                            ``(I) The approximately 0.2-mile section of 
                        Mule Creek from the headwaters to 0.1 miles 
                        downstream from road 32-9-15.1 as a scenic 
                        river.
                            ``(II) The approximately 11.2 miles from 
                        0.1 miles downstream from road 32-9-15.1 to the 
                        confluence with the Rogue River as a wild 
                        river.
                    ``(xi) Grave creek.--
                            ``(I) The approximately 1.6-mile section of 
                        Grave Creek from the confluence of Wolf Creek 
                        downstream as a scenic river.
                            ``(II) The approximately 8.2-mile section 
                        of Grave Creek from 1.6 miles downstream of the 
                        confluence of Wolf Creek to the confluence with 
                        the Rogue River as a recreational river.
                    ``(xii) Anna creek.--The approximately 3.5-mile 
                section of Anna Creek from its headwaters to the 
                confluence with Howard Creek as a wild river.
                    ``(xiii) Missouri creek.--
                            ``(I) The approximately 2.6 miles of 
                        Missouri Creek from its headwaters to north 
                        section line of 33S 10W sec. 25 as a scenic 
                        river.
                            ``(II) The approximately 2.2-mile section 
                        of Missouri Creek from north section line of 
                        33S 10W sec. 25 to the confluence with the 
                        Rogue River as a wild river.
                    ``(xiv) Jenny creek.--
                            ``(I) The approximately 0.3-mile section of 
                        Jenny Creek from its headwaters to 0.1 miles 
                        downstream from road 34-9-7 as a scenic river.
                            ``(II) The approximately 4.6-mile section 
                        of Jenny Creek from 0.1 miles downstream from 
                        road 34-9-7 to the confluence with the Rogue 
                        River as a wild river.
                    ``(xv) Rum creek.--
                            ``(I) The approximately 2-mile section of 
                        Rum Creek from its headwaters to 0.1 miles 
                        downstream from road 34-8-34 as a scenic river.
                            ``(II) The approximately 2.4-mile section 
                        of Rum Creek from 0.1 miles downstream from 
                        road 34-8-34 to the confluence with the Rogue 
                        River as a wild river.
                    ``(xvi)  East fork rum creek.--
                            ``(I) The approximately 0.5-mile section of 
                        East Rum Creek from the headwaters to 0.1 miles 
                        downstream of road 34-8-10.1 as a scenic river.
                            ``(II) The approximately 1.5-mile section 
                        of East Rum Creek from 0.1 miles downstream of 
                        road 34-8-10.1 to the confluence with Rum Creek 
                        as a wild river.
                    ``(xvii) Wildcat creek.--The approximately 1.7-mile 
                section of Wildcat Creek from its headwaters downstream 
                to the confluence with the Rogue River as a wild river.
                    ``(xviii) Montgomery creek.--The approximately 1.8-
                mile section of Montgomery Creek from its headwaters 
                downstream to the confluence with the Rogue River as a 
                wild river.
                    ``(xix) Quartz creek.--
                            ``(I) The approximately 0.5-mile section of 
                        Quartz Creek from its headwaters to 0.1 miles 
                        downstream from road 35-9-1.2 as a recreational 
                        river.
                            ``(II) The approximately 2.8-mile section 
                        from 0.1 miles downstream from road 35-9-1.2 to 
                        the confluence of the North Fork Galice Creek 
                        as a scenic river.
                    ``(xx) Hewitt creek.--
                            ``(I) The approximately 1.3-mile section of 
                        Hewitt Creek from its headwaters to 0.1 miles 
                        downstream of road 33-9-21 as a scenic river.
                            ``(II) The approximately 1.3-mile section 
                        of Hewitt Creek from 0.1 miles downstream of 
                        road 33-9-21 to the confluence with the Rogue 
                        River as a wild river.
                    ``(xxi) Bunker creek.--The approximately 6.6 miles 
                from its headwaters to the confluence with the Rogue 
                River as a wild river.
                    ``(xxii) Dulog creek.--
                            ``(I) The approximately 0.8 miles of Dulog 
                        Creek from its headwaters to 0.1 miles 
                        downstream of road 34-8-36 as a scenic river.
                            ``(II) The approximately 1.0 miles of Dulog 
                        Creek from 0.1 miles downstream of road 34-8-36 
                        to the confluence with the Rogue River as a 
                        wild river.
                    ``(xxiii) Galice creek.--The approximately 2.2 
                miles of Galice Creek from the confluence with the 
                North and South Forks of Galice Creek to the confluence 
                with the Rogue River as a recreational river.
                    ``(xxiv) North fork galice creek.--
                            ``(I) The approximately 1.2-mile section of 
                        North Fork Galice Creek from its headwaters to 
                        0.1 miles upstream of road 34-8-36 as a scenic 
                        river.
                            ``(II) The approximately 4.5-mile section 
                        of North Fork Galice Creek from 0.1 miles 
                        upstream of road 34-8-36 to the confluence with 
                        Galice Creek as a recreational river.
                    ``(xxv) Quail creek.--
                            ``(I) The approximately 0.7 miles from its 
                        headwaters to 0.1 miles downstream from road 
                        32-9-14.2 as a scenic river.
                            ``(II) The approximately 1.8 miles from to 
                        0.1 miles downstream from road 32-9-14.2 to the 
                        confluence with the Rogue River as a wild 
                        river.
                    ``(xxvi) Meadow creek.--The approximately 4.1 miles 
                of Meadow Creek from its headwaters to the confluence 
                with the Rogue River as a wild river.
                    ``(xxvii) Russian creek.--
                            ``(I) The approximately 0.4 miles of 
                        Russian Creek from its headwaters to 0.1 miles 
                        downstream from road 33-8-21 as a scenic river.
                            ``(II) The approximately 2.2 miles of 
                        Russian Creek 0.1 miles downstream from road 
                        33-8-21 to the confluence with the Rogue River 
                        as a wild river.
                    ``(xxviii) Alder creek.--The approximately 1.2 
                miles of Alder Creek from its headwaters to confluence 
                with the Rogue River as a wild river.
                    ``(xxix) Booze creek.--The approximately 1.5 miles 
                of Booze Creek from its headwaters to the confluence 
                with the Rogue River as a wild river.
                    ``(xxx) Bronco creek.--The approximately 1.8 miles 
                of Bronco Creek from its headwaters to the confluence 
                with the Rogue River as a wild river.
                    ``(xxxi) Centennial gulch creek.--The approximately 
                1.9 miles of Centennial Gulch Creek from its headwaters 
                to the confluence with the Rogue River as a 
                recreational river.
                    ``(xxxii) Copsey creek.--The approximately 1.5 
                miles of Copsey Creek from its headwaters to the 
                confluence with the Rogue River as a wild river.
                    ``(xxxiii) Corral creek.--The approximately 0.5 
                miles of Corral Creek from its headwaters to the 
                confluence with the Rogue River as a wild river.
                    ``(xxxiv) Cowley creek.--The approximately 0.9 
                miles of Cowley Creek from its headwaters to the 
                confluence with the Rogue River as a wild river.
                    ``(xxxv) Ditch creek.--
                            ``(I) The approximately 0.5-mile section of 
                        Ditch Creek from its headwaters 0.1 miles 
                        downstream from road 33-5-9.2 as a scenic 
                        river.
                            ``(II) The approximately 1.9-mile section 
                        of Ditch Creek from 0.1 miles downstream from 
                        road 33-5-9.2 to its confluence with the Rogue 
                        River as a wild river.
                    ``(xxxvi) Francis creek.--The approximately 0.9 
                miles of Francis Creek from its headwaters to the 
                confluence with the Rogue River as a wild river.
                    ``(xxxvii) Long gulch.--
                            ``(I) The approximately 1.4-mile section of 
                        Long Gulch from the headwaters to 0.1 miles 
                        downstream from road 34-9-21 as a scenic river.
                            ``(II) The approximately 1.1-mile section 
                        of Long Gulch from 0.1 miles downstream of road 
                        34-9-21 to the confluence with the Rogue River 
                        as a wild river.
                    ``(xxxviii) Bailey creek.--
                            ``(I) The approximately 1.0-mile section of 
                        Bailey Creek from its headwaters to 0.1 miles 
                        downstream from road 34-8-22.2 as a scenic 
                        river.
                            ``(II) The approximately 2.1-mile section 
                        of Bailey Creek from 0.1 miles downstream from 
                        road 34-8-22.2 to the confluence of the Rogue 
                        River as a wild river.
                    ``(xxxix) Shady creek.--The approximately 0.7 miles 
                of Shady Creek from its headwaters to the confluence 
                with the Rogue River as a wild river.
                    ``(xl) Slide creek.--
                            ``(I) The approximately 0.5-mile section of 
                        Slide Creek from its headwaters to 0.1 miles 
                        downstream from road 33-9-6 as a scenic river.
                            ``(II) The approximately 0.7-mile section 
                        of Slide Creek from 0.1 miles downstream of 
                        road 33-9-6 to the confluence with the Rogue 
                        River as a wild river.
            ``(C) In general.--River segments referred to in 
        subparagraph (B) shall include an average of 640 acres per mile 
        measured from the ordinary high water mark on both sides of the 
        river. All such wild, scenic, and recreation areas shall be 
        managed as part of the Rogue Wild and Scenic River.''.
            (2) Withdrawal.--Subject to valid rights, the Federal land 
        within the boundaries of the river segments designated by 
        subparagraph (B) of section 3(a)(5) of the Wild and Scenic 
        Rivers Act (16 U.S.C. 1274(a)), as added by paragraph (1) of 
        this subsection, is withdrawn from all forms of--
                    (A) entry, appropriation, or disposal under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) disposition under all laws pertaining to 
                mineral and geothermal leasing or mineral materials.
            (3) Windpower facilities prohibited.--The siting of 
        windpower facilities within the lateral boundaries of a segment 
        of the Rogue Wild and Scenic River designated by subparagraph 
        (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 
        U.S.C. 1274(a)), as added by paragraph (1) of this subsection, 
        is prohibited.
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