1.This Act may be cited as the
Cascade-Siskiyou National Monument
Voluntary and Equitable Grazing Conflict Resolution
Act
.
2.
(a)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)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.
3.In this Act:
(1)Bureau of land
management landThe 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)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)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)The term land exchange map means the map
entitled Box R Ranch Land Exchange
and dated
___, 2007.
(5)The
term Landowner means Box-R Ranch in the State.
(6)The
term lessee means a livestock operator that holds a valid term
grazing lease for a grazing allotment.
(7)The
term livestock does not include beasts of burden used for
recreational purposes in the Monument.
(8)The
term Monument means the Cascade-Siskiyou National Monument in the
State.
(9)
(A)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)The
term range development does not include any rolling stock,
livestock, or diversions of water from Federal land onto non-Federal
land.
(10)The term Rowlett parcel means the parcel of
approximately 40 acres of private land, as depicted on the land exchange
map.
(11)The
term Secretary means the Secretary of the Interior.
(12)The
term State means the State of Oregon.
(13)The
term Wilderness means the Soda Mountain Wilderness designated by
section 6(a).
(14)The term wilderness map means the map entitled
Soda Mountain Wilderness
and dated
____, 2007.
4.Voluntary grazing
lease waiver program
(a)
(1)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)Compensation for the waiver of a grazing lease under
paragraph (1) shall be equal to $300 per authorized animal unit month.
(3)Partial
allotment retirementsIf 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)If a grazing allotment is jointly leased to more than one
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)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)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)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)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)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)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.
5.
(a)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)
(1)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)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)
(1)The conveyance of Bureau of Land Management land and the
Rowlett parcel under subsection (a) shall be subject to valid existing
rights.
(2)Title to the Rowlett parcel shall conform with the title
approval standards applicable to Federal land acquisitions.
(d)
(1)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)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.
(e)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).
6.
(a)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 descriptionAs 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)
(A)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)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)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)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 activitiesThe 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).
(3)
(A)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 permitsOn 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 managementIn 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)
(A)Nothing in this Act creates a protective perimeter or
buffer zone around the Wilderness.
(B)Activities
outside wildernessThe 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.
7.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.
8.Authorization of
appropriations
(a)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;
(2)$1,500,000 for
fence construction and other methods of livestock control in and near the
Monument; and
(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).
(b)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)Amounts
made available under subsection (a) shall remain available until
expended.
1.This Act may be cited as the
Cascade-Siskiyou National Monument
Voluntary and Equitable Grazing Conflict Resolution
Act
.
2.In this Act:
(1)Box R Ranch land
exchange mapThe 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 landThe 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
mapThe term Deerfield land exchange map means the
map entitled Proposed Deerfield-BLM Property Line Adjustment
and
dated May 1, 2008.
(4)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)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)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)The term grazing lease means any document
authorizing the use of a grazing allotment for the purpose of grazing livestock
for commercial purposes.
(8)The
term Landowner means the owner of the Box R Ranch in the
State.
(9)The
term lessee means a livestock operator that holds a valid existing
grazing lease for a grazing allotment.
(10)The
term livestock does not include beasts of burden used for
recreational purposes.
(11)The
term Monument means the Cascade-Siskiyou National Monument in the
State.
(12)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)The
term Secretary means the Secretary of the Interior.
(14)The
term State means the State of Oregon.
(15)The
term Wilderness means the Soda Mountain Wilderness designated by
section 6(a).
(16)The term wilderness map means the map entitled
Soda Mountain Wilderness
and dated May 5, 2008.
3.Voluntary grazing lease
donation program
(a)
(1)
(A)The Secretary shall accept any grazing lease that is
donated by a lessee.
(B)The
Secretary shall terminate any grazing lease acquired under subparagraph
(A).
(C)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)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)The Secretary shall accept the portion of a grazing
lease that is donated under subparagraph (A).
(C)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)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)
(A)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)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)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)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.
4.Box R Ranch land
exchange
(a)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)
(1)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)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)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)
(1)The Bureau of Land Management land and the Rowlett parcel
shall be appraised by an independent appraiser selected by the
Secretary.
(2)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)The
appraisals conducted under this subsection shall be submitted to the Secretary
for approval.
(e)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).
5.
(a)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)
(1)The exact acreage and legal description of the Federal
parcel and the Deerfield parcel shall be determined by surveys approved by the
Secretary.
(2)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)
(1)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)
(1)The Federal parcel and the Deerfield parcel shall be
appraised by an independent appraiser selected by the Secretary.
(2)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)The
appraisals conducted under this subsection shall be submitted to the Secretary
for approval.
6.
(a)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 descriptionAs 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)
(A)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)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)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)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 activitiesExcept 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)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
managementIn 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 interestsAny 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.
7.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.
June 16, 2008
Reported with an amendment