[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 765 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 765

 To modify the boundary of the Oregon Caves National Monument, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 7 (legislative day, April 5), 2011

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

_______________________________________________________________________

                                 A BILL


 
 To modify the boundary of the Oregon Caves National Monument, and for 
                            other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Caves Revitalization Act of 
2011''.

SEC. 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.

SEC. 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''.

SEC. 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).

SEC. 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.

SEC. 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.''.
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