[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2379 Reported in Senate (RS)]






                                                       Calendar No. 799
110th CONGRESS
  2d Session
                                S. 2379

                          [Report No. 110-367]

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

                           November 16, 2007

 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

                             June 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) restructure ranch 
                operations;</DELETED>
                <DELETED>    (B) start new businesses; or</DELETED>
                <DELETED>    (C) retire with security;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) the land exchange authorized under this Act is 
        in the public interest because the exchange--</DELETED>
                <DELETED>    (A) furthers the protective purposes of 
                the Monument;</DELETED>
                <DELETED>    (B) provides for consolidated land 
                ownership;</DELETED>
                <DELETED>    (C) improves land and resource 
                management;</DELETED>
                <DELETED>    (D) decreases management costs; 
                and</DELETED>
                <DELETED>    (E) resolves public conflict;</DELETED>
        <DELETED>    (5) the waiver of grazing leases under this Act is 
        not intended to reflect on--</DELETED>
                <DELETED>    (A) the legal or ecological merit of 
                continued grazing within the Monument; or</DELETED>
                <DELETED>    (B) the merit of proposals to limit or 
                retire grazing permits in the State of Oregon or any 
                other State; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to maintain the economic viability of cattle 
        ranching in the vicinity of the Monument;</DELETED>
        <DELETED>    (2) to authorize the permanent retirement of 
        certain grazing leases and associated allotments within and in 
        the vicinity of the Monument; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Land exchange map.--The term ``land exchange 
        map'' means the map entitled ``Box R Ranch Land Exchange'' and 
        dated [</DELETED>___<DELETED>], 2007.</DELETED>
        <DELETED>    (5) Landowner.--The term ``Landowner'' means Box-R 
        Ranch in the State.</DELETED>
        <DELETED>    (6) Lessee.--The term ``lessee'' means a livestock 
        operator that holds a valid term grazing lease for a grazing 
        allotment.</DELETED>
        <DELETED>    (7) Livestock.--The term ``livestock'' does not 
        include beasts of burden used for recreational purposes in the 
        Monument.</DELETED>
        <DELETED>    (8) Monument.--The term ``Monument'' means the 
        Cascade-Siskiyou National Monument in the State.</DELETED>
        <DELETED>    (9) Range development.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Exclusions.--The term ``range 
                development'' does not include any rolling stock, 
                livestock, or diversions of water from Federal land 
                onto non-Federal land.</DELETED>
        <DELETED>    (10) Rowlett parcel.--The term ``Rowlett parcel'' 
        means the parcel of approximately 40 acres of private land, as 
        depicted on the land exchange map.</DELETED>
        <DELETED>    (11) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (12) State.--The term ``State'' means the State of 
        Oregon.</DELETED>
        <DELETED>    (13) Wilderness.--The term ``Wilderness'' means 
        the Soda Mountain Wilderness designated by section 
        6(a).</DELETED>
        <DELETED>    (14) Wilderness map.--The term ``wilderness map'' 
        means the map entitled ``Soda Mountain Wilderness'' and dated 
        [</DELETED>____<DELETED>], 2007.</DELETED>

<DELETED>SEC. 4. VOLUNTARY GRAZING LEASE WAIVER PROGRAM.</DELETED>

<DELETED>    (a) Existing Grazing Leases.--</DELETED>
        <DELETED>    (1) Waiver.--The Secretary--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) provide to the lessee the 
                        compensation specified in paragraph 
                        (2);</DELETED>
                        <DELETED>    (ii) terminate the grazing lease 
                        waived; and</DELETED>
                        <DELETED>    (iii) permanently retire the 
                        associated grazing allotment or portion of the 
                        grazing allotment from livestock grazing 
                        use.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Joint lease.--If a grazing allotment is 
        jointly leased to more than one lessee--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) if the option is not exercised by all 
                the lessees under paragraph (1), the Secretary shall--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) accept the waived portion of 
                        the joint lease from any joint lessees that 
                        have exercised the option under paragraph 
                        (1).</DELETED>
        <DELETED>    (5) Limitations.--The Secretary--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) shall not issue grazing 
                        leases; and</DELETED>
                        <DELETED>    (ii) shall permanently retire the 
                        allotments from livestock grazing use; 
                        and</DELETED>
                <DELETED>    (B) shall not establish any new allotments 
                that include--</DELETED>
                        <DELETED>    (i) any Federal land within a 
                        grazing allotment or an allotment described in 
                        subparagraph (A); or</DELETED>
                        <DELETED>    (ii) any Monument land (whether 
                        leased or not leased for grazing on the date of 
                        enactment of this Act).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (8) Donation of grazing leases.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. LAND EXCHANGE.</DELETED>

<DELETED>    (a) In General.--For the purpose of protecting and 
consolidating Federal land within the Monument, the Secretary--
</DELETED>
        <DELETED>    (1) may offer to convey to the Landowner the 
        Bureau of Land Management land in exchange for the Rowlett 
        parcel; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Surveys.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Costs.--The Secretary shall be responsible for 
        paying the costs of--</DELETED>
                <DELETED>    (A) any survey conducted under paragraph 
                (1); and</DELETED>
                <DELETED>    (B) any other administrative costs 
                relating to the land exchange authorized under this 
                section.</DELETED>
<DELETED>    (c) Conditions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Title approval.--Title to the Rowlett parcel 
        shall conform with the title approval standards applicable to 
        Federal land acquisitions.</DELETED>
<DELETED>    (d) Applicable Law.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Exemption.--The exchange of land authorized 
        under this section shall not--</DELETED>
                <DELETED>    (A) require the promulgation of additional 
                regulations by the Secretary; or</DELETED>
                <DELETED>    (B) be subject to the notice and comment 
                provisions of section 553 of title 5, United States 
                Code.</DELETED>
<DELETED>    (e) Grazing Allotment.--On completion of the land exchange 
authorized under this section, the holder of the grazing lease for the 
Box R grazing allotment shall donate the Box R grazing lease in 
accordance with section 4(a)(8).</DELETED>

<DELETED>SEC. 6. SODA MOUNTAIN WILDERNESS.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Map and Legal Description.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Committee on Energy and Natural 
                Resources of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Natural Resources of 
                the House of Representatives.</DELETED>
        <DELETED>    (2) Force and effect.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Public availability.--The map and legal 
        description filed under paragraph (1) shall be on file and 
        available for public inspection in--</DELETED>
                <DELETED>    (A) the Office of the Director of the 
                Bureau of Land Management;</DELETED>
                <DELETED>    (B) the Office of the Oregon State 
                Director of the Bureau of Land Management; 
                and</DELETED>
                <DELETED>    (C) the Medford District Office of the 
                Bureau of Land Management.</DELETED>
<DELETED>    (c) Administration of Wilderness.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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. Rept. 98-40) to accompany the California 
        Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. 1131 
        note).]</DELETED>
        <DELETED>    (3) Livestock.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) section 4(d)(4) of the 
                        Wilderness Act (16 U.S.C. 1133(d)(4)); 
                        and</DELETED>
                        <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Adjacent management.--</DELETED>
                <DELETED>    (A) In general.--Nothing in this Act 
                creates a protective perimeter or buffer zone around 
                the Wilderness.</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. EFFECT.</DELETED>

<DELETED>    Nothing in this Act--</DELETED>
        <DELETED>    (1) affects the authority of a Federal agency to 
        otherwise modify or terminate grazing permits or leases without 
        compensation;</DELETED>
        <DELETED>    (2) authorizes the use of eminent 
        domain;</DELETED>
        <DELETED>    (3) creates a property right in any grazing permit 
        or lease on Federal land;</DELETED>
        <DELETED>    (4) establishes a precedent for future grazing 
        permit or lease buyout programs; or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There is authorized to be appropriated to 
the Secretary--</DELETED>
        <DELETED>    (1) $2,000,000 to provide compensation to lessees 
        that waive grazing leases under section 4;</DELETED>
        <DELETED>    (2) $1,500,000 for fence construction and other 
        methods of livestock control in and near the Monument; 
        and</DELETED>
        <DELETED>    (3) for fiscal year 2008 and each fiscal year 
        thereafter (adjusted for inflation), $150,000 for the purpose 
        of preventing domestic livestock from entering the grazing 
        allotments or portions of the grazing allotments waived under 
        section 4(a).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Availability.--Amounts made available under subsection 
(a) shall remain available until expended.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Box r ranch land exchange map.--The term ``Box R Ranch 
        land exchange map'' means the map entitled ``Proposed Rowlett 
        Land Exchange'' and dated June 13, 2006.
            (2) Bureau of land management land.--The term ``Bureau of 
        Land Management land'' means the approximately 40 acres of land 
        administered by the Bureau of Land Management identified as 
        ``Rowlett Selected'', as generally depicted on the Box R Ranch 
        land exchange map.
            (3) Deerfield land exchange map.--The term ``Deerfield land 
        exchange map'' means the map entitled ``Proposed Deerfield-BLM 
        Property Line Adjustment'' and dated May 1, 2008.
            (4) Deerfield parcel.--The term ``Deerfield parcel'' means 
        the approximately 1.5 acres of land identified as ``From 
        Deerfield to BLM'', as generally depicted on the Deerfield land 
        exchange map.
            (5) Federal parcel.--The term ``Federal parcel'' means the 
        approximately 1.3 acres of land administered by the Bureau of 
        Land Management identified as ``From BLM to Deerfield'', as 
        generally depicted on the Deerfield land exchange map.
            (6) Grazing allotment.--The term ``grazing allotment'' 
        means any of 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.
            (7) Grazing lease.--The term ``grazing lease'' means any 
        document authorizing the use of a grazing allotment for the 
        purpose of grazing livestock for commercial purposes.
            (8) Landowner.--The term ``Landowner'' means the owner of 
        the Box R Ranch in the State.
            (9) Lessee.--The term ``lessee'' means a livestock operator 
        that holds a valid existing grazing lease for a grazing 
        allotment.
            (10) Livestock.--The term ``livestock'' does not include 
        beasts of burden used for recreational purposes.
            (11) Monument.--The term ``Monument'' means the Cascade-
        Siskiyou National Monument in the State.
            (12) Rowlett parcel.--The term ``Rowlett parcel'' means the 
        parcel of approximately 40 acres of private land identified as 
        ``Rowlett Offered'', as generally depicted on the Box R Ranch 
        land exchange map.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) State.--The term ``State'' means the State of Oregon.
            (15) Wilderness.--The term ``Wilderness'' means the Soda 
        Mountain Wilderness designated by section 6(a).
            (16) Wilderness map.--The term ``wilderness map'' means the 
        map entitled ``Soda Mountain Wilderness'' and dated May 5, 
        2008.

SEC. 3. VOLUNTARY GRAZING LEASE DONATION PROGRAM.

    (a) Existing Grazing Leases.--
            (1) Donation of lease.--
                    (A) Acceptance by secretary.--The Secretary shall 
                accept any grazing lease that is donated by a lessee.
                    (B) Termination.--The Secretary shall terminate any 
                grazing lease acquired under subparagraph (A).
                    (C) No new grazing lease.--Except as provided in 
                paragraph (3), with respect to each grazing lease 
                donated under subparagraph (A), the Secretary shall--
                            (i) not issue any new grazing lease within 
                        the grazing allotment covered by the grazing 
                        lease; and
                            (ii) ensure a permanent end to livestock 
                        grazing on the grazing allotment covered by the 
                        grazing lease.
            (2) Donation of portion of grazing lease.--
                    (A) In general.--A lessee with a grazing lease for 
                a grazing allotment partially within the Monument may 
                elect to donate only that portion of the grazing lease 
                that is within the Monument.
                    (B) Acceptance by secretary.--The Secretary shall 
                accept the portion of a grazing lease that is donated 
                under subparagraph (A).
                    (C) Modification of lease.--Except as provided in 
                paragraph (3), if a lessee donates a portion of a 
                grazing lease under subparagraph (A), the Secretary 
                shall--
                            (i) reduce the authorized grazing level and 
                        area to reflect the donation; and
                            (ii) modify the grazing lease to reflect 
                        the reduced level and area of use.
                    (D) Authorized level.--To ensure that there is a 
                permanent reduction in the level and area of livestock 
                grazing on the land covered by a portion of a grazing 
                lease donated under subparagraph (A), the Secretary 
                shall not allow grazing to exceed the authorized level 
                and area established under subparagraph (C).
            (3) Common allotments.--
                    (A) In general.--If a grazing allotment covered by 
                a grazing lease or portion of a grazing lease that is 
                donated under paragraph (1) or (2) also is covered by 
                another grazing lease that is not donated, the 
                Secretary shall reduce the grazing level on the grazing 
                allotment to reflect the donation.
                    (B) Authorized level.--To ensure that there is a 
                permanent reduction in the level of livestock grazing 
                on the land covered by the grazing lease or portion of 
                a grazing lease donated under paragraph (1) or (2), the 
                Secretary shall not allow grazing to exceed the level 
                established under subparagraph (A).
    (b) Limitations.--The Secretary--
            (1) with respect to the Agate, Emigrant Creek, and Siskiyou 
        allotments in and near the Monument--
                    (A) shall not issue any grazing lease; and
                    (B) shall ensure a permanent end to livestock 
                grazing on each allotment; and
            (2) shall not establish any new allotments for livestock 
        grazing that include any Monument land (whether leased or not 
        leased for grazing on the date of enactment of this Act).
    (c) Effect of Donation.--A lessee who donates a grazing lease or a 
portion of a grazing lease under this section shall be considered to 
have waived any claim to any range improvement on the associated 
grazing allotment or portion of the associated grazing allotment, as 
applicable.

SEC. 4. BOX R RANCH 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--
                    (A) 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; and
                    (B) the Landowner shall convey to the Secretary all 
                right, title, and interest of the Landowner in and to 
                the Rowlett parcel.
    (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 responsibility for the costs of any surveys 
        conducted under paragraph (1), and any other administrative 
        costs of carrying out the land exchange, shall be determined by 
        the Secretary and the Landowner.
    (c) Conditions.--The conveyance of the Bureau of Land Management 
land and the Rowlett parcel under this section shall be subject to--
            (1) valid existing rights;
            (2) title to the Rowlett parcel being acceptable to the 
        Secretary and in conformance with the title approval standards 
        applicable to Federal land acquisitions;
            (3) such terms and conditions as the Secretary may require; 
        and
            (4) except as otherwise provided in this section, any laws 
        (including regulations) applicable to the conveyance and 
        acquisition of land by the Bureau of Land Management.
    (d) Appraisals.--
            (1) In general.--The Bureau of Land Management land and the 
        Rowlett parcel shall be appraised by an independent appraiser 
        selected by the Secretary.
            (2) Requirements.--An appraisal conducted under paragraph 
        (1) shall be conducted in accordance with--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisition; and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
            (3) Approval.--The appraisals conducted under this 
        subsection shall be submitted to the Secretary for approval.
    (e) Grazing Allotment.--As a condition of the land exchange 
authorized under this section, the lessee of the grazing lease for the 
Box R grazing allotment shall donate the Box R grazing lease in 
accordance with section 3(a)(1).

SEC. 5. DEERFIELD 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 Deerfield Learning Associates 
        the Federal parcel in exchange for the Deerfield parcel; and
            (2) if Deerfield Learning Associates accepts the offer--
                    (A) the Secretary shall convey to Deerfield 
                Learning Associates all right, title, and interest of 
                the United States in and to the Federal parcel; and
                    (B) Deerfield Learning Associates shall convey to 
                the Secretary all right, title, and interest of 
                Deerfield Learning Associates in and to the Deerfield 
                parcel.
    (b) Surveys.--
            (1) In general.--The exact acreage and legal description of 
        the Federal parcel and the Deerfield parcel shall be determined 
        by surveys approved by the Secretary.
            (2) Costs.--The responsibility for the costs of any surveys 
        conducted under paragraph (1), and any other administrative 
        costs of carrying out the land exchange, shall be determined by 
        the Secretary and Deerfield Learning Associates.
    (c) Conditions.--
            (1) In general.--The conveyance of the Federal parcel and 
        the Deerfield parcel under this section shall be subject to--
                    (A) valid existing rights;
                    (B) title to the Deerfield parcel being acceptable 
                to the Secretary and in conformance with the title 
                approval standards applicable to Federal land 
                acquisitions;
                    (C) such terms and conditions as the Secretary may 
                require; and
                    (D) except as otherwise provided in this section, 
                any laws (including regulations) applicable to the 
                conveyance and acquisition of land by the Bureau of 
                Land Management.
    (d) Appraisals.--
            (1) In general.--The Federal parcel and the Deerfield 
        parcel shall be appraised by an independent appraiser selected 
        by the Secretary.
            (2) Requirements.--An appraisal conducted under paragraph 
        (1) shall be conducted in accordance with--
                    (A) the Uniform Appraisal Standards for Federal 
                Land Acquisition; and
                    (B) the Uniform Standards of Professional Appraisal 
                Practice.
            (3) Approval.--The appraisals conducted under this 
        subsection shall be submitted to the Secretary for approval.

SEC. 6. SODA MOUNTAIN WILDERNESS.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), approximately 24,100 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 Natural 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 the appropriate offices 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--
                    (A) 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; and
                    (B) any reference in that Act to the Secretary of 
                Agriculture shall be considered to be a reference to 
                the Secretary of the Interior.
            (2) Fire, insect, and disease management activities.--
        Except as provided by Presidential Proclamation Number 7318, 
        dated June 9, 2000 (65 Fed. Reg. 37247), within the wilderness 
        areas designated by this Act, the Secretary may take such 
        measures in accordance with section 4(d)(1) of the Wilderness 
        Act (16 U.S.C. 1133(d)(1)) as are necessary to control fire, 
        insects, and diseases, subject to such terms and conditions as 
        the Secretary determines to be desirable and appropriate.
            (3) Livestock.--Except as provided in section 3 and by 
        Presidential Proclamation Number 7318, dated June 9, 2000 (65 
        Fed. Reg. 37247), the grazing of livestock in the Wilderness, 
        if established before the date of enactment of this Act, shall 
        be permitted to continue subject to such reasonable regulations 
        as are considered necessary by the Secretary in accordance 
        with--
                    (A) section 4(d)(4) of the Wilderness Act (16 
                U.S.C. 1133(d)(4)); and
                    (B) 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).
            (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) Incorporation of acquired land and interests.--Any land 
        or interest in land within the boundary of the Wilderness that 
        is acquired by the United States shall--
                    (A) become part of the Wilderness; and
                    (B) be managed in accordance with this Act, the 
                Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
                applicable law.

SEC. 7. EFFECT.

    Nothing in this Act--
            (1) affects the authority of a Federal agency to modify or 
        terminate grazing permits or leases, except as provided in 
        section 3;
            (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 donation 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.
                                                       Calendar No. 799

110th CONGRESS

  2d Session

                                S. 2379

                          [Report No. 110-367]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment