[Senate Report 110-367]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 799
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-367

======================================================================



 
  CASCADE-SISKIYOU NATIONAL MONUMENT VOLUNTARY AND EQUITABLE GRAZING 
                        CONFLICT RESOLUTION ACT

                                _______
                                

                 June 16, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2379]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2379) to authorize the Secretary of the 
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, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.

                                PURPOSE

    The purposes of S. 2379 are to authorize the Secretary of 
the Interior to accept and terminate Federal grazing lessees 
within and near the Cascade-Siskiyou National Monument in 
Oregon that are voluntarily donated, to designate the 
approximately 24,100-acre Soda Mountain Wilderness, and to 
authorize the exchange of certain land within the National 
Monument.

                          BACKGROUND AND NEED

    Located in southwestern Oregon along the Oregon-California 
border, the 52,000 acre Cascade-Siskiyou National Monument 
(``Monument'') was established by President Clinton in June of 
2000 under the authority of the Antiquities Act. As noted in 
the presidential proclamation establishing the Monument, the 
Monument includes towering fir forests, sunlit oak groves, 
wildflower-strewn meadows, and steep canyons. The Monument--
which is managed by the Bureau of Land Management (``BLM'')--
encompasses a cross-section of the Cascade, Klamath, and 
Siskiyou ecoregions, an area of unique geology, biology, 
climate, and topography.
    The Monument includes grass and shrublands, oak woodlands, 
juniper scablands, mixed conifer and white fir forests, wet 
meadows, and stream bottoms that support broad-leaf deciduous 
riparian trees and shrubs. It provides important habitat for 
many different types of animals, including old-growth habitat 
crucial to the threatened northern spotted owl and numerous 
other bird species, and important winter habitat for deer. It 
also includes one of the highest diversities of butterfly 
species in the United States and contains important populations 
of small mammal, reptile, and amphibian species.
    The proclamation establishing the Monument directed the 
Secretary of the Interior to ``study the impacts of livestock 
grazing on the objects of biological interest in the Monument 
with specific attention to sustaining the natural ecosystem 
dynamics.'' Proclamation No. 7318 (June 9, 2000), 65 Fed. Reg. 
37,247. Currently, eleven ranchers hold grazing leases for 
2,714 active animal unit months within the Monument. The 
proclamation allowed existing grazing leases to continue, but 
provided that if grazing is found incompatible with protecting 
the objects of biological interest, the Secretary is directed 
to retire the grazing allotments pursuant to the processes of 
applicable law. It also provides that, ``should grazing permits 
or leases be relinquished by existing holders, the Secretary 
shall not reallocate the forage available under such permits or 
for livestock grazing purposes unless the Secretary 
specifically finds, pending the outcome of the study, that such 
reallocation will advance the purposes of the proclamation.''
    On January 24, 2008, the BLM announced that it had 
completed its livestock impact studies for the Monument. The 
findings from the studies, and all other available data, will 
be used to determine whether the allotments are meeting the 
standards for rangeland health. This information also will be 
used to determine if livestock grazing is consistent with the 
proclamation.
    A final decision to maintain, modify, or cancel (retire) 
the existing grazing lease authorizations is scheduled for the 
end of 2008. Initial summaries of the study note that the 
Monument has experienced 150 years of livestock influence; that 
the pattern, seasonality, and intensity of use have changed 
over time; that there have been many range-related activities 
over time (mechanical scarification, herbicide/fertilizer 
application, prescribed fire seeding); that over 50 non-native 
forbs and grasses have been introduced since 1950; and that 
intense use by livestock, deer, and elk excludes certain macro-
invertebrate species considered intolerant of disturbance.
    To facilitate the timely end of grazing activities within 
the Monument, S. 2379 authorizes the Secretary to accept and 
terminate donated Federal grazing leases. The bill also 
designates approximately 23,000 acres within the Monument as 
the Soda Mountain Wilderness, and authorizes two land exchanges 
within the Monument.

                          LEGISLATIVE HISTORY

    S. 2379 was introduced by Senators Smith and Wyden on 
November 16, 2007. The Subcommittee on Public Lands and Forests 
held a hearing on the bill on February 27, 2008. At its 
business meeting on May 7, 2008, the Committee on Energy and 
Natural Resources ordered S. 2379 favorably reported, with an 
amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 2379, if amended as 
described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 2379, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
excludes provisions from the bill that would have provided 
Federal compensation for lessees that waived their grazing 
leases, and instead includes direction to the Secretary to 
terminate leases and reduce livestock grazing levels if leases 
are voluntarily donated. The amendment also includes 
authorization to carry out the Deerfield land exchange, and 
makes other technical and conforming changes. The amendment is 
described in detail in the section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title of the bill.
    Section 2 contains the definitions for the bill.
    Section 3(a) provides for the donation, acceptance, and 
termination of certain grazing leases. This section is intended 
to reflect that portion of the proclamation that provides that 
``should grazing permits or leases be relinquished by existing 
holders, the Secretary shall not reallocate the forage 
available under such permits or for livestock grazing 
purposes.'' The Committee notes that decisions made under this 
section should be transparent and that information regarding 
the donations and subsequent decisions should be available to 
the public.
    Paragraph (1) directs the Secretary to accept and terminate 
any grazing lease that is donated in its entirety. Subparagraph 
(C) directs the Secretary to permanently end livestock grazing 
on the grazing allotment covered by a lease donated under 
subparagraph (A), unless the allotment is a common allotment 
covered by another lease that is not donated (which is governed 
by paragraph (3)).
    Paragraph (2) establishes that a lessee is permitted to 
donate only that portion of a grazing lease that is within the 
Monument. In that case, the Secretary is directed to accept the 
portion of the grazing lease that authorizes grazing within the 
Monument. Unless the allotment is a common allotment covered by 
another lease that is not donated (which is governed by 
paragraph (3)), the Secretary is directed to modify the lease 
to ensure a permanent end to livestock grazing on the portion 
of the grazing allotment that is within the Monument. The 
Secretary also is directed to reduce the authorized grazing 
level for the lease to reflect the donation of the portion of 
the grazing lease within the Monument. This provision clarifies 
that the donation of the portion of the lease within the 
Monument will not affect the portion of the lease that is 
outside of the Monument (i.e. either by allowing for an 
increase or requiring a decrease in grazing levels outside of 
the Monument as a result of the donation).
    Paragraph (3) governs the donation of one lease--or a 
portion of one lease within the Monument--for a common 
allotment. In such a case, the Secretary is directed to reduce 
both the authorized grazing level and the actual grazing level 
on the grazing allotment to reflect the donation of the lease. 
The Secretary also is directed to ensure that the reduction in 
the authorized and actual level of grazing on the allotment is 
permanent. This provision is intended to make clear that the 
remaining lease will neither be disadvantaged nor advantaged by 
the donation of the other lease. The requirement for the 
Secretary to reduce the actual level of grazing on the 
allotment reflects that intent, as it would be inconsistent 
with this provision if the remaining lessee were permitted to 
increase grazing levels as a result of the donation of the 
other lease and the termination of the grazing that occurred 
under it.
    Subsection (b) directs the Secretary to keep the Agate, 
Emigrant Creek, and Siskiyou allotments permanently free of 
livestock grazing. It also directs the Secretary to not 
establish any new grazing allotments within the Monument. This 
provision ensures that all land within the Monument that is not 
currently leased for grazing remains permanently free of 
livestock grazing and that no additional allotments will be 
established to expand livestock grazing.
    Subsection (c) establishes that a lessee that donates a 
grazing lease or a portion of a grazing lease waives any claim 
to any range improvement associated with the grazing allotment 
or portion of the grazing allotment.
    Section 4(a) authorizes the Secretary to exchange 
approximately 40 acres of BLM land for approximately 40 acres 
of private land to facilitate the reduction of grazing in 
accordance with section 3, to improve management, and to 
otherwise further the protective purposes of the Monument.
    Subsection (b) requires surveys to determine the exact 
acreage and legal description of the land to be exchanged, and 
directs the parties to determine the appropriate allocation of 
costs.
    Subsection (c) states that the exchange shall be subject to 
(1) valid existing rights, (2) the title being in a form 
acceptable to the Secretary and in conformance with applicable 
standards, (3) such terms and conditions as the Secretary may 
require to further public interests, and (4) applicable law 
(including section 206 of the Federal Land Policy and 
Management Act, which includes, for example, provisions that 
govern equalization of values, determination of costs, and the 
status of acquired lands).
    Subsection (d) requires the land to be appraised by an 
independent appraiser that is selected by the Secretary, and 
that the appraisal be conducted in accordance with standard 
practices and approved by the Secretary.
    Subsection (e) requires the lessee of the Box R grazing 
allotment to donate the entire grazing lease for the allotment 
pursuant to section 3(a)(1) as a condition of carrying out the 
exchange.
    Section 5(a) authorizes the Secretary to exchange 
approximately 1.3 acres of BLM land for approximately 1.5 acres 
of private land to resolve an inadvertent trespass in a manner 
that benefits the Monument.
    Subsection (b) requires surveys to determine the exact 
acreage and legal description of the land to be exchanged, and 
directs the parties to determine the appropriate allocation of 
costs (considering, for example, whether the origin of the 
trespass was a result of a private error or a Federal error).
    Subsection (c) states that the exchange shall be subject to 
(1) valid existing rights, (2) the title being in a form 
acceptable to the Secretary and in conformance with applicable 
standards, (3) such terms and conditions as the Secretary may 
require to further public interests, and (4) applicable law 
(such as section 206 of the Federal Land Policy and Management 
Act, which includes, for example, provisions that govern 
equalization of values, determination of costs, and the status 
of acquired lands).
    Subsection (d) requires the land to be appraised by an 
independent appraiser that is selected by the Secretary, and 
that the appraisal be conducted in accordance with standard 
practices and approved by the Secretary.
    Section 6(a) designates approximately 24,100 acres of BLM 
land within the Monument as the Soda Mountain Wilderness.
    Subsection (b) directs the Secretary to file a map and 
legal description of the wilderness with the appropriate 
congressional committees, authorizes the Secretary to correct 
any clerical or typographical errors in the map or legal 
description, and requires the map and legal description to be 
kept on file and available to the public in the appropriate 
offices of the BLM.
    Subsection (c) provides for the administration of the Soda 
Mountain Wilderness. The Committee also notes that nothing in 
the bill creates a protective perimeter or buffer zone around 
the wilderness, and the fact that a nonwilderness activity or 
use can be seen or heard from the wilderness does not preclude 
the conduct of the activity or use outside the boundary of the 
wilderness.
    Paragraph (1) directs the Secretary to administer the 
wilderness in accordance with the Wilderness Act and subject to 
valid existing rights.
    Paragraph (2) clarifies that the Secretary may control 
fire, insects and diseases in the wilderness in a manner that 
is in accordance with the Wilderness Act and the proclamation 
establishing the Monument.
    Paragraph (3) clarifies that livestock grazing in the 
wilderness shall be permitted to continue in a manner that is 
in accordance with the Wilderness Act, the proclamation, and 
the specified guidelines. Section 3 of the bill also provides 
applicable direction for grazing administration within the 
wilderness.
    Paragraph (4) clarifies that nothing in this Act affects 
the jurisdiction of the State of Oregon with respect to fish 
and wildlife.
    Paragraph (5) clarifies that any land or interest in land 
that is acquired within the boundary of the wilderness shall 
become part of the wilderness.
    Section (7) includes five savings clauses.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 2379--Cascade-Siskiyou National Monument Voluntary and Equitable 
        Grazing Conflict Resolution Act

    S. 2379 would create a program to reduce grazing within the 
Cascade-Siskiyou National Monument in Oregon. In addition, the 
bill also would establish the Soda Mountain Wilderness on about 
24,000 acres of land within the monument and authorize two land 
exchanges with nearby landowners. Based on information provided 
by the Bureau of Land Management (BLM), CBO estimates that 
implementing S. 2379 would have no significant effect on 
federal spending and would not affect revenues.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    S. 2379 would direct BLM to accept donations of existing 
grazing leases on monument lands if the holders of those leases 
choose to donate them. The agency would then retire grazing 
allotments (or portions of allotments) on those areas. Also, 
BLM would convey to two private landowners around 40 acres of 
land within the monument in exchange for similar acreage and 
would retire the grazing lease that would be donated by one of 
the owners as a condition of exchange. Responsibility for the 
costs of the exchanges, such as appraisal fees, would be 
negotiated by the agency and the landowners.
    CBO estimates that accepting donations of grazing leases 
under S. 2379 would have no significant effect on the federal 
budget. Currently, BLM earns offsetting receipts of less than 
$5,000 annually on all of the grazing leases that might be 
terminated under the bill. No other receipts are earned on the 
federal land to be exchanged under the bill, and the federal 
share of costs--if any--related to the two exchanges would be 
minimal.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2379. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2379, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2379 does not contain any congressionally directed 
spending items, limited tax benefits, or limited tariff 
benefits as defined in rule XLIV of the Standing Rules of the 
Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at a hearing on S. 2379 on February 
27, 2008, which is printed below.

 Statement of Luke Johnson, Deputy Director, Bureau of Land Management

    Thank you for the opportunity to testify on S. 2379, the 
Cascade-Siskiyou National Monument Voluntary and Equitable 
Grazing Conflict Resolution Act. While we support the goals of 
this legislation we cannot support some of the specific 
provisions. We would like the opportunity to work with the 
sponsor and the Committee to address these issues.


                               background


    The Cascade-Siskiyou National Monument (Monument) was 
established by Presidential Proclamation on June 9, 2000. 
Encompassing nearly 53,000 acres of Federal land managed by the 
Bureau of Land Management (BLM), the Monument is a place of 
great biological diversity due to its location at the 
confluence of three converging mountain ecoregions--the 
Cascade, Klamath and Eastern Cascade. The proclamation withdrew 
these public lands from a number of uses and limited commercial 
harvest of timber within the Monument ``except when part of an 
authorized science-based ecological restoration project.'' 
Additionally, the proclamation directed the Secretary of the 
Interior to undertake a study of livestock grazing within the 
Cascade-Siskiyou National Monument and the effects of grazing 
on the Monument with specific attention to sustaining the 
natural ecosystem dynamics.
    The BLM has been managing the Monument consistent with the 
proclamation for nearly eight years. A comprehensive management 
plan is currently pending final approval. Additionally, the BLM 
recently completed the mandated studies of livestock impacts 
within the Monument and released them to the public. The 
findings of these studies are currently being evaluated by the 
BLM, along with other available data, to determine whether 
grazing is occurring consistent with the Presidential 
Proclamation establishing the Monument. Currently 11 ranchers 
hold grazing leases within the Monument that authorize use of 
2,714 active animal unit months (AUMs).


                                s. 2379


    S. 2379, the Cascade-Siskiyou National Monument Voluntary 
and Equitable Grazing Conflict Resolution Act, provides for: a 
Federal buyout of grazing preferences within the Monument; a 
land exchange within the Monument between the BLM and a private 
landowner; and, the designation of approximately 23,000 acres 
of land within the Monument as wilderness. The bill as 
introduced references maps without dates. It is our 
understanding that it is the sponsor's intention to reference a 
map created by the BLM at the request of his office. This 
testimony is based on that map dated December 12, 2006.
    Section 4 of S. 2379 establishes a program to buy out 
grazing lessees within the Monument, requiring the Secretary 
(subject to the availability of funds) to offer payment of $300 
an AUM to ranchers with authorized grazing within the Monument. 
If an individual rancher accepts the payment, the Secretary 
then must terminate the grazing lease and permanently end 
grazing in the allotment or portion of the grazing allotment. 
Donation of grazing leases, and subsequent mandatory grazing 
closures, are also contained in the bill. In addition, the BLM 
is obligated under the bill to construct and maintain fencing 
to exclude livestock from grazing allotments where the BLM may 
no longer lease grazing use. Finally, three grazing allotments 
that have been vacant for over a decade are permanently retired 
from grazing by the legislation.
    The BLM is opposed to Federal government buyouts of grazing 
permits and the permanent retirement of those permits. However, 
the BLM also recognizes the value of working cooperatively and 
collaboratively with local stakeholders to fulfill its multiple 
use mission on BLM lands. The BLM is committed to working with 
the Committee, the sponsors, and stakeholders in the spirit of 
cooperative conservation within our existing authority.
    In addition, we are opposed to language obligating the 
Federal government to both construction and maintenance of 
fencing. Typically, fencing decisions are made cooperatively by 
the BLM and the permittee, and the BLM encourages cooperative 
cost sharing. The BLM's range improvement policy requires that 
the BLM assign maintenance of structural range improvements, 
such as fences, to the permittee who is obligated to maintain 
them. This legislation represents a serious divergence from two 
decades of land management practices.
    Section 5 of the bill provides for a land exchange between 
the BLM and the Box R Ranch. We believe that the public 
interest would be served by this exchange; however, we 
recommend that the bill be amended to ensure that the exchange 
is consistent with section 206 of the Federal Land Policy 
Management Act regarding government land exchanges, including 
appraisals and equal value exchange. Appraisals should follow 
nationally recognized appraisal standards, such as the Uniform 
Appraisal Standards for Federal Land Acquisitions and the 
Uniform Standards of Professional Appraisal Practice. The owner 
of Box R Ranch is obligated under Section 5 to donate his 
grazing lease to the Federal government. It is unclear if the 
intent is to value the grazing lease as part of the exchange. 
As noted above, we believe the exchange should independently 
stand on its own.
    The BLM-managed land proposed for exchange is an isolated 
parcel of land surrounded by the Box R Ranch. The private land 
proposed for exchange to the Federal government is important 
habitat for Jenny Creek suckers and redband trout (both 
sensitive fish species), and its acquisition is consistent with 
the goals of the Monument. We should note that both parcels are 
within the Monument boundary.
    Section 6 of S. 2379, designates approximately 23,000 acres 
of BLM-managed land within the Monument as the Soda Mountain 
Wilderness (this includes the present Soda Mountain Wilderness 
Study Area (WSA)). The proposed Soda Mountain Wilderness hosts 
an unusually high variety of species in a geographically small 
area due to several complex biological and geological factors 
and processes operating simultaneously. Ranging from 2,300 feet 
to 6,000 feet, the proposed wilderness area is a jewel of 
biological variety and encompasses some of the most diverse 
vegetation in the Cascade-Siskiyou National Monument. Plant 
communities include open grassy slopes and meadows, hardwood 
and shrub woodlands, as well as dense mixed conifer and white 
fir forests. The Oregon Gulch Research Natural Area, with its 
mixed conifer Douglas-fir and Ponderosa forest with large Sugar 
Pine and incense cedar, and Scotch Creek Research Natural Area, 
with steep-sided drainages and waterfalls, are within the 
proposed wilderness. Along with one of the highest diversities 
of butterfly species in the United States (as many as 112 
different species have been identified within the Monument), 
the area is also home to an extensive population of small and 
large mammals (including black-tailed deer, elk, bear, mountain 
lions and bobcats), as well as widespread fish species in the 
many creeks. The area provides critical habitat for several 
sensitive, rare, threatened, and/or endangered species such as 
peregrine falcons, northern spotted owls, Greene's mariposa 
lily, Gentner's frittilary, Bellinger's meadow foam, redband 
trout, and the Mardon skipper butterfly.
    Congress has the sole authority to designate lands to be 
managed permanently as wilderness. We believe these areas are 
manageable as wilderness, and we support the designation. There 
are some technical issues related to section 6 that we would 
like the opportunity to clarify. In particular, we would like 
the opportunity to work with the sponsor and the Committee on 
possible minor boundary adjustments to ensure efficient 
manageability and avoid conflicts.
    Section 8 of the bill authorizes appropriations for 
compensation for grazing buyouts, fencing and other costs to 
exclude cattle from allotments that are retired. We oppose this 
section, and note that the amounts authorized appear 
insufficient to complete the work anticipated by the bill and 
that the BLM does not have alternative sources of funding. In 
addition, the authorized amounts are not included in the FY2009 
President's Budget request and are not available within current 
Congressional appropriations.
    In addition to the specific issues we have raised, there 
are a number of minor or technical modifications (including 
mapping issues) that we would like to discuss with the sponsor, 
as well as the Committee, before this legislation moves 
forward.
    Thank you for the opportunity to testify. I will be happy 
to answer any questions.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 2379 as ordered 
reported.

                                  
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