[Congressional Record Volume 154, Number 101 (Wednesday, June 18, 2008)]
[Senate]
[Pages S5756-S5758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN:
  S. 3148. A bill to modify the boundary of the Oregon Caves National 
Monument, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. WYDEN. Mr. President, there is a celebration today of the 40th 
anniversary of the Wild and Scenic Rivers Act. I want to acknowledge 
that important occasion by announcing two bills I am proposing today 
that will expand protection for some of Oregon's most special places 
and will lock in their preservation for generations to come.
  The first bill is the Oregon Caves National Monument Boundary 
Adjustment Act, which will secure protection for a stunning piece of 
Oregon that includes natural treasures both above and below the ground 
at the Oregon Caves. The Oregon Caves has a unique geologic history and 
is particularly known as the longest marble cave open to the public 
west of the Continental Divide. With the bill I am introducing today, 
we will be creating the first subterranean wild and scenic river, a 
perennial stream at the monument known as the River Styx. This river is 
an underground portion of Cave Creek that flows through part of the 
cave and is one of the dynamic natural forces at work in the national 
monument.
  The National Park Service has formally proposed a boundary 
modification for the Oregon Caves National Monument many times. They 
did it first in 1939. They did it again in 1949 and most recently in 
2000. Today, I am happy to propose legislation to enact that boundary 
adjustment into law. I was born in 1949. It seems to me that after this 
effort has gone on literally for decades, it is time to secure this 
protection for generations to come. I want to make sure the new Wyden 
twins, William Peter and Ava Rose, are going to enjoy it with millions 
of Oregonians. That is why it is important that this action be taken 
and taken quickly.
  Expanding this boundary will allow us to further protect the stunning 
majesty of both the underground and the above-ground treasures found at 
this national monument.
  Established by a Presidential proclamation in 1909, the Oregon Caves 
National Monument is a 480-acre natural wonder located in the 
botanically-rich Siskiyou Mountains. It was originally set aside 
because of its unusual scientific interest and importance. Oregon Caves 
has a unique geologic history

[[Page S5757]]

and is particularly known as the longest marble cave open to the public 
west of the Continental Divide.
  A perennial stream, the ``River Styx''--an underground portion of 
Cave Creek--flows through part of the cave and is one of the dynamic 
natural forces at work in the national monument. The cave ecosystem 
provides habitat for numerous plants and animals, including some state-
sensitive species such as Townsend's big-eared bats and several cave-
adapted species of arthropods, insects, spiders, etc., found only in 
the Oregon Caves and nowhere else. The caves possess a significant 
collection of Pleistocene-aged fossils, including jaguar and grizzly 
bear. Grizzly bones that were found in the cave in 1995 were estimated 
to be at least 50,000 years old, the oldest known from either North or 
South America.
  Today, I am proposing legislation that will enhance the protection of 
the resources associated with Oregon Caves National Monument and 
increase public recreation opportunities by adding surrounding lands to 
the monument. My bill would expand the monument boundary by 4,084 acres 
to include the entire Cave Creek Watershed, management of which would 
be transferred from the United States Forest Service to the National 
Park Service. In addition, my legislation would designate at least 9.6 
miles of rivers and tributaries as wild, scenic, or recreational, under 
the federal Wild and Scenic Rivers Act, including the first 
subterranean wild and scenic river, the River Styx. This bill would 
also provide authorization for retirement of existing grazing 
allotments.
  When the Oregon Caves National Monument was established in 1909, the 
focus was on the unique subsurface resources, and the small rectangular 
boundary was thought to be adequate to protect the cave. Through the 
years, however, scientific research and technology have provided new 
information about the cave's ecology, and the impacts from the surface 
environment and the related hydrological processes. The current 480-
acre boundary is insufficient to adequately protect this cave system. 
The National Park Service has formally proposed a boundary modification 
numerous times, first in 1939, again in 1949, and most recently in 
2000. Today, I am happy to propose legislation to enact that boundary 
adjustment into law.
  The Oregon Caves National Monument makes a unique contribution to 
Southern Oregon's economy and to the national heritage. The monument 
receives over 80,000 visitors annually, and is the second smallest unit 
of the National Park System. A larger monument boundary will help 
showcase more fully the recreational opportunities on the above-ground 
lands within the proposed monument boundary. In addition to the 
numerous subsurface resources, the monument's above-ground lands in the 
Siskiyou Mountains possess a beauty and diversity that is unique in 
America, and indeed the world. The extensive biological diversity stems 
from the unique geology of the region and the range of temperatures, 
fire regimes, and climates found in the area that create a region rich 
in endemic plants, fish-bearing streams, and the most varied conifer 
forest on the planet. The Oregon Caves National Monument's 
approximately 500 plants, 5,000 animals, 2,000 fungi, and over a 
million bacteria per acre that make the spot have one of the highest 
concentrations of biological diversity anywhere.
  Expanding the monument's boundary will also preserve the caves' 
resources by protecting the water that enters the cave. Water quality 
has been a major concern and the activities on the adjacent lands can 
affect the water quality and the caves' precious resources. By granting 
the National Park Service the ability to safeguard these resources, and 
by providing for a voluntary donation of grazing permits, my 
legislation will be able to better protect these resources. The current 
grazing permitee, Phil Krouse's family, has had the Big Grayback 
Grazing Allotment, 19,703 acres, since 1937. Over the decades, the 
number of allowed livestock has diminished, but the livestock still has 
an impact on the drinking water supply and the water quality of this 
natural gem. Mr. Krouse has publicly stated that he would look 
favorably upon retirement with private compensation for his allotment, 
such as my legislation will allow to proceed.
  I want to express my thanks to all the volunteers and supporters in 
the local business and conservation community in Southern Oregon, to 
Phil Krouse for his commitment to Oregon's natural resources, and to 
Craig Ackerman, the former Superintendent of the Oregon Caves National 
Monument. My colleagues in the House of Representatives, 
Representatives DeFazio, Hooley, Blumenauer and Wu will be introducing 
companion legislation in the House today and I look forward to working 
with them to advance this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

                                S. 3148

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oregon Caves National 
     Monument Boundary Adjustment Act of 2008''.

     SEC. 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.

     SEC. 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) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) 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).

     SEC. 4. BOUNDARY ADJUSTMENT; LAND TRANSFER.

       (a) Boundary Adjustment.--The boundary of the Monument 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

[[Page S5758]]

     in the appropriate offices of the National Park Service.

     SEC. 5. 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.''.

     SEC. 6. ADMINISTRATION.

       (a) In General.--The Secretary, acting through the Director 
     of the National Park Service, shall administer the Monument 
     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, the 
     Secretary shall carry out forest restoration activities 
     within the boundaries of the Monument--
       (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.

     SEC. 7. 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.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                 ______