II Calendar No. 526 111th CONGRESS 2d Session S. 1270 [Report No. 111–256] IN THE SENATE OF THE UNITED STATES June 16, 2009 Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources August 5, 2010 Reported by Mr. Bingaman, with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To modify the boundary of the Oregon Caves National Monument, and for other purposes.
1.
Short title
This Act may be cited as the Oregon Caves National Monument Boundary Adjustment Act of 2009.
2.
Findings; purpose
(a)
Findings
Congress finds that— (1)the Oregon Caves National Monument— (A)is comprised of a rectangular area of approximately 480 acres located in the Siskiyou Mountains of southern Oregon; and (B)was established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909, to protect the caves, which were determined to have unusual scientific interest and importance; (2)on June 10, 1933, in accordance with Executive Order 6166 (5 U.S.C. 901 note), the administration of the Monument was transferred from the Secretary of Agriculture to the Secretary of the Interior; and (3)the 1999 general management plan for the Monument contains a recommendation for adding surrounding land to the Monument— (A)to provide better protection for— (i)cave ecology; (ii)surface and subsurface hydrology; (iii)public water supplies; and (iv)trails and views; (B)to establish a logical topographical boundary; and (C)to enhance public outdoor recreation opportunities. (b)
Purpose
The purpose of this Act is to add surrounding land to the Monument— (1)to enhance the protection of the resources associated with the Monument; and (2)to increase public recreation opportunities.
3.
Definitions
In this Act: (1)
Grazing allotment
The term grazing allotment means— (A)the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (B)the Billy Mountain Grazing Allotment located in a parcel of land that is— (i)managed by the Secretary (acting through the Director of the Bureau of Land Management); and (ii)located in close proximity to the land described in subparagraph (A). (2)
Grazing lease; grazing permit
The terms grazing lease and grazing permit mean any document authorizing the use of a grazing allotment for the purpose of grazing livestock for commercial purposes. (3)
Lessee; permittee
The terms lessee and permittee mean a livestock operator that holds a valid existing grazing lease or permit for a grazing allotment. (4)
Map
The term map means the map entitled 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 Number 876 (36 Stat. 2497), dated July 12, 1909. (6)
National Park Service site
The term National Park Service site means the aggregate parcel of land that is comprised of 2 parcels of land depicted on the map as— (A)the Existing Oregon Caves National Monument; and (B)the Proposed Addition Lands. (7)
National Preserve
The term National Preserve means the National Preserve designated by section 4(d). (8)
Secretary
The term Secretary means the Secretary of the Interior. (9)
Secretary concerned
The term Secretary concerned means— (A)the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B)the Secretary of the Interior, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe). (10)
State
The term State means the State of Oregon.
4.
Boundary adjustment; land transfer; designation
(a)
Boundary adjustment
The boundary of the National Park Service site is modified— (1)to include approximately 4,070 acres of land identified on the map as the Proposed Addition Lands; and (2)to exclude approximately 4 acres of land— (A)located in the City of Cave Junction; and (B)identified on the map as the Cave Junction Unit. (b)
Land transfer
The Secretary of Agriculture shall— (1)transfer the land described in subsection (a)(1) to the Secretary; and (2)adjust the boundary of the Rogue River-Siskiyou National Forest to exclude the land transferred under paragraph (1). (c)
Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d)
Designation
The land described in subsection (a)(1) is designated as a National Preserve.
5.
Designation of Monument
(a)
In general
The Monument shall be known and designated as the Oregon Caves National Monument and Preserve. (b)
References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Monument shall be considered to be a reference to the Oregon Caves National Monument and Preserve.
6.
Wild and scenic river designations
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: (171)
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 2.6-mile segment of Cave Creek from the headwaters at the River Styx to the boundary of the Rogue River-Siskiyou National Forest as a recreational river. (B)
Lake Creek
The 3.6-mile segment of Lake Creek from the headwaters at Bigelow Lakes to the confluence with Cave Creek as a scenic river. (C)
No Name Creek
The 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 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 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 River Styx as a recreational river. .
7.
Administration
(a)
In general
The Secretary, acting through the Director of the National Park Service, shall administer the Monument and the National Preserve in accordance with— (1)this Act; (2)Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909; and (3)any law (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (b)
Ecological forest restoration activities
As soon as practicable after the date of enactment of this Act, in accordance with subsection (a), the Secretary shall carry out forest restoration activities within the boundaries of the Monument and the National Preserve— (1)to reduce the risk of losing key ecosystem components; (2)to restore the proper role of fire in the ecosystem; and (3)to ensure that forest attributes (including species composition and structure) remain intact and functioning within a historical range.
8.
Voluntary grazing lease or permit donation program
(a)
Donation of lease or permit
(1)
Acceptance by Secretary concerned
The Secretary concerned shall accept any grazing lease or grazing permit that is donated by a lessee or permittee. (2)
Termination
The Secretary concerned shall terminate any grazing lease or grazing permit acquired under paragraph (1). (3)
No new grazing lease or permit
With respect to each grazing lease or grazing permit donated under paragraph (1), the Secretary concerned shall— (A)not issue any new grazing lease or grazing permit within the grazing allotment covered by the grazing lease or grazing permit; and (B)ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing lease or grazing permit. (b)
Effect of donation
A lessee or permittee that donates a grazing lease or grazing permit (or a portion of a grazing lease or grazing permit) 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. (c)
National Preserve
With respect to land located within the National Preserve, the Secretary shall permit the grazing of domestic livestock— (1)at a level not greater than the level at which the grazing exists as of the date of enactment of this Act; and (2)in accordance with each applicable law (including regulations).
9.
Hunting, fishing, and trapping
(a)
In general
Except as provided in subsection (b), the Secretary shall permit hunting, fishing, and trapping on land and water within the National Preserve in accordance with each applicable law (including regulations) of the Federal Government and the State. (b)
Administrative exceptions
In accordance with subsection (c), the Secretary may designate areas at which, and establish limited periods during which, no hunting, fishing, or trapping may be permitted within the National Preserve due to concerns relating to— (1)public safety; (2)the administration of the National Preserve; or (3)the compliance by the Secretary with any applicable law (including regulations). (c)
Consultation with appropriate State agency
Except to respond to a situation that the Secretary determines to be an emergency, the Secretary shall consult with the appropriate agency of the State before taking any act to close any area within the National Preserve to hunting, fishing, or trapping.
10.
Effect
Nothing in this Act affects the authority or responsibility of the State to carry out any law or duty of the State relating to fish and wildlife on areas located within the National Preserve.
11.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act.
1.
Short title
This Act may be cited as the Oregon Caves National Monument Boundary Adjustment Act of 2010.
2.
Definitions
In this Act: (1)
Map
The term map means the map entitled Oregon Caves National Monument and Preserve, numbered 150/80,023, and dated May 2010. (2)
Monument
The term Monument means the Oregon Caves National Monument established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909. (3)
National Monument and Preserve
The term National Monument and Preserve means the Oregon Caves National Monument and Preserve designated by section 3(a)(1). (4)
National Preserve
The term National Preserve means the National Preserve designated by section 3(a)(2). (5)
Secretary
The term Secretary means the Secretary of the Interior. (6)
Secretary concerned
The term Secretary concerned means— (A)the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B)the Secretary of the Interior, with respect to land managed by the Bureau of Land Management. (7)
State
The term State means the State of Oregon.
3.
Designations; land transfer; boundary adjustment
(a)
Designations
(1)
In general
The Monument and the National Preserve shall be administered as a single unit of the National Park System and collectively known and designated as the Oregon Caves National Monument and Preserve. (2)
National Preserve
The approximately 4,070 acres of land identified on the map as Proposed Addition Lands shall be designated as a National Preserve. (b)
Transfer of administrative jurisdiction
(1)
In general
Administrative jurisdiction over the land designated as a National Preserve under subsection (a)(2) is transferred from the Secretary of Agriculture to the Secretary, to be administered as part of the National Monument and Preserve. (2)
Exclusion of land
The boundaries of the Rogue River-Siskiyou National Forest are adjusted to exclude the land transferred under paragraph (1). (c)
Boundary adjustment
The boundary of the National Monument and Preserve is modified to exclude approximately 4 acres of land— (1)located in the City of Cave Junction; and (2)identified on the map as the Cave Junction Unit. (d)
Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (e)
References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Monument shall be considered to be a reference to the Oregon Caves National Monument and Preserve.
4.
Administration
(a)
In general
The Secretary shall administer the National Monument and Preserve in accordance with— (1)this Act; (2)Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909 ; and (3)any law (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (b)
Fire management
As soon as practicable after the date of enactment of this Act, in accordance with subsection (a), the Secretary shall— (1)revise the fire management plan for the Monument to include the land transferred under section 3(b)(1); and (2)in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the National Monument and Preserve. (c)
Existing forest service contracts
(1)
In general
The Secretary shall— (A)allow for the completion of any Forest Service stewardship or service contract executed as of the date of enactment of this Act with respect to the National Preserve; and (B)recognize the authority of the Secretary of Agriculture for the purpose of administering a contract described in subparagraph (A) through the completion of the contract. (2)
Terms and conditions
All terms and conditions of a contract described in paragraph (1)(A) shall remain in place for the duration of the contract. (3)
Liability
The Forest Service shall be responsible for any liabilities relating to a contract described in paragraph (1)(A). (d)
Grazing
(1)
In general
Subject to paragraph (2), the Secretary may allow the grazing of livestock within the National Preserve to continue as authorized under permits or leases in existence as of the date of enactment of this Act. (2)
Applicable law
Grazing under paragraph (1) shall be— (A)at a level not greater than the level at which the grazing exists as of the date of enactment of this Act, as measured in Animal Unit Months; and (B)in accordance with each applicable law (including National Park Service regulations). (e)
Fish and wildlife
The Secretary shall permit hunting and fishing on land and waters within the National Preserve in accordance with applicable Federal and State laws, except that the Secretary may, in consultation with the Oregon Department of Fish and Wildlife, designate zones in which, and establish periods during which, no hunting or fishing shall be permitted for reasons of public safety, administration, or compliance by the Secretary with any applicable law (including regulations).
5.
Voluntary grazing lease or permit donation program
(a)
Donation of lease or permit
(1)
Acceptance by Secretary concerned
The Secretary concerned shall accept a grazing lease or permit that is donated by a lessee or permittee for— (A)the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (B)the Billy Mountain Grazing Allotment located on a parcel of land that is managed by the Secretary (acting through the Director of the Bureau of Land Management). (2)
Termination
With respect to each grazing permit or lease donated under paragraph (1), the Secretary shall— (A)terminate the grazing permit or lease; and (B)ensure a permanent end to grazing on the land covered by the grazing permit or lease. (b)
Effect of donation
A lessee or permittee that donates a grazing lease or grazing permit (or a portion of a grazing lease or grazing permit) 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.
6.
Wild and scenic river designations
(a)
Designation
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: (208)
River Styx, Oregon
The subterranean segment of Cave Creek, known as the River Styx, to be administered by the Secretary of the Interior as a scenic river. . (b)
Potential additions
(1)
In general
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: (141)
Oregon Caves National Monument and Preserve, Oregon
(A)
Cave Creek, Oregon
The 2.6-mile segment of Cave Creek from the headwaters at the River Styx to the boundary of the Rogue River Siskiyou National Forest. (B)
Lake Creek, Oregon
The 3.6-mile segment of Lake Creek from the headwaters at Bigelow Lakes to the confluence with Cave Creek. (C)
No Name Creek, Oregon
The 0.6-mile segment of No Name Creek from the headwaters to the confluence with Cave Creek. (D)
Panther Creek
The 0.8-mile segment of Panther Creek from the headwaters to the confluence with Lake Creek. (E)
Upper Cave Creek
The segment of Upper Cave Creek from the headwaters to the confluence with River Styx. . (2)
Study; report
Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: (20)
Oregon Caves National Monument and Preserve, Oregon
Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary shall— (A)complete the study of the Oregon Caves National Monument and Preserve segments described in subsection (a)(141); and (B)submit to Congress a report containing the results of the study. .
August 5, 2010 Reported with an amendment