[House Report 111-500]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-500

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



 
     OREGON CAVES NATIONAL MONUMENT BOUNDARY ADJUSTMENT ACT OF 2010

                                _______
                                

  May 28, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2889]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 2889) to modify the boundary of the Oregon Caves 
National Monument, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Oregon Caves National Monument 
Boundary Adjustment Act of 2010''.

SEC. 2. 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) Map.--The term ``map'' means the map titled ``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 preserve.--The term ``National Preserve'' means 
        the National Preserve designated by section 4(a).
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (5) 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.
          (6) State.--The term ``State'' means the State of Oregon.

SEC. 4. DESIGNATION; LAND TRANSFER; BOUNDARY ADJUSTMENT.

  (a) In General.--The Monument shall be known and designated as the 
``Oregon Caves National Monument and Preserve''. The land identified on 
the map as ``Proposed Addition Lands'' shall be designated as a 
National Preserve.
  (b) Land Transfer.--The Secretary of Agriculture shall--
          (1) transfer approximately 4,070 acres of land identified on 
        the map as the ``Proposed Addition Lands'' to the Secretary to 
        be administered as part of the Oregon Caves National Monument 
        and Preserve; and
          (2) adjust the boundary of the Rogue River-Siskiyou National 
        Forest to exclude the land transferred under paragraph (1).
  (c) Boundary Adjustment.--The boundary of the National Monument 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'', as 
        depicted on the map.
  (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. 5. ADMINISTRATION.

  (a) In General.--The Secretary, acting through the Director of the 
National Park Service, 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 revise the fire management plan for the Monument to include the 
National Preserve and, 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.--The Secretary shall allow for 
the completion of existing Forest Service stewardship and service 
contracts executed as of the date of enactment of this Act and shall 
recognize the authority of the Secretary of Agriculture for the purpose 
of administering the existing Forest Service contracts through their 
completion. All terms and conditions of existing Forest Service 
contracts shall remain in place for the duration of those contracts. 
Any such liability existing at the time of enactment of this Act shall 
be that of the Forest Service.
  (d) Grazing.--The Secretary may allow the grazing of livestock within 
the preserve to continue where authorized under permits or leases in 
existence as of the date of enactment of this Act. Grazing shall be at 
no more than the current level, as measured in Animal Unit Months, and 
subject to applicable laws and National Park Service regulations.

SEC. 6. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM.

  (a) Donation of Lease or Permit.--
          (1) Acceptance by secretary concerned.--The Secretary 
        concerned shall accept the donation of a grazing lease or 
        permit from a leasee 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 permit or lease 
        donated under subparagraph (a), the Secretary shall--
                  (A) terminate the grazing permit or lease; and
                  (B) ensure a permanent end to grazing on the land 
                covered by the 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. 7. 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 in 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.

SEC. 8. 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.

SEC. 9. WILD AND SCENIC RIVER DESIGNATION, RIVER STYX, OREGON.

  Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
amended by inserting the following paragraph:
          ``(__) 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.''.

SEC. 10. WILD AND SCENIC RIVER DESIGNATION FOR STUDY.

  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:
          ``(__) 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.''.

SEC. 11. STUDY AND 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:
          ``(__) Oregon caves national monument and preserve, oregon.--
        Not later than 3 years after funds are made available to carry 
        out this paragraph, the Secretary shall complete the study of 
        the Oregon Caves National Monument and Preserve segments 
        designated for study in subsection (a), and shall submit to 
        Congress a report containing the results of the study.''.

                          Purpose of the Bill

    The purpose of H.R. 2889 is to modify the boundary of the 
Oregon Caves National Monument, and for other purposes.

                  Background and Need for Legislation

    Oregon Caves National Monument, which originally consisted 
of approximately 480 acres of National Forest System land in 
the Rogue River-Siskiyou National Forest in southern Oregon, 
was established by Presidential Proclamation 876 on July 12, 
1909. Administration of the Monument was transferred from the 
Forest Service to the National Park Service on June 10, 1933, 
by Executive Order 6166. The Monument receives about 80,000 
visitors annually. Oregon Caves is the longest tour cave west 
of the Continental Divide.
    The 1999 General Management Plan for Oregon Caves National 
Monument recommended adding surrounding lands to the Monument 
in order to provide better protection for cave ecology, surface 
and subsurface hydrology, public water supply, trails and 
views, and to establish a logical topographical boundary and 
enhance recreational opportunities.
    H.R. 2889 would expand the boundaries of the Oregon Caves 
National Monument to include 4,070 acres of lands in the Rogue 
River-Siskiyou National Forest currently managed by the 
National Forest Service, and re-designate the site as the 
Oregon Caves National Monument and Preserve.

                            Committee Action

    H.R. 2889 was introduced on June 16, 2009 by Representative 
Peter DeFazio (D-OR). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on National Parks, Forests and Public Lands. On November 17, 
2009, the Subcommittee held a hearing on the bill.
    On May 5, 2010, the Subcommittee on National Parks, Forests 
and Public Lands was discharged from further consideration of 
H.R. 2889 and the full Natural Resources Committee met to 
consider the bill. Representative DeFazio offered an amendment 
in the nature of a substitute to restructure the legislation to 
more clearly describe fire management and grazing related to 
the Oregon Caves National Monument and Preserve. The amendment 
also designated the River Styx as a scenic river and requested 
studies for five other rivers in the National Monument and 
Preserve.
    Subcommittee Ranking Member Bishop (R-UT) offered four 
amendments to the amendment in the nature of a substitute. The 
first amendment would prohibit anything in the Act from 
affecting any authority to construct, maintain or operate coal-
fired power generating plants. The amendment was not agreed to 
by a roll call vote of 17 yeas and 20 nays, as follows:


    The second amendment offered by Representative Bishop would 
prohibit anything in the Act from affecting any authority to 
construct, maintain or operate wind or solar power generating 
facilities. The amendment was not agreed to by voice vote.
    The third amendment offered by Representative Bishop would 
require the laws and regulations of the U.S. Forest Service to 
govern hunting, fishing, and trapping in the National Preserve. 
The amendment was not agreed to by a roll call vote of 16 yeas 
and 24 nays, as follows:


    The fourth amendment offered by Representative Bishop would 
require the Secretary of the Interior to continue issuing 
existing grazing permits. The amendment was not agreed to by 
voice vote.
    The amendment in the nature of a substitute was then agreed 
to by voice vote. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this bill may be cited as the 
``Oregon Caves National Monument Boundary Adjustment Act of 
2010.''

Section 2. Purpose

    Section 2 describes the purpose of this Act as to add land 
to the Monument to enhance the protection of the resources and 
to increase public recreation opportunities.

Section 3. Definitions

    Section 3 defines the terms used in the legislation, 
specifically the relevant map, the Monument, the National 
Preserve, and the Secretary.

Section 4. Designation; Land transfer; Boundary adjustment

    Section 4(a) designates the Monument as the ``Oregon Caves 
National Monument and Preserve'' and designates the lands 
identified on the map as ``Proposed Addition Lands'' as a 
National Preserve.
    Section 4(b) identifies the 4,070 acres of land to be 
transferred from the Secretary of Agriculture to be 
administered by the Secretary of the Interior. The boundary of 
the Rogue River-Siskiyou National Forest is to be adjusted 
accordingly.
    Section 4(c) adjusts the boundary of the National Monument 
to exclude 4 acres of land in the City of Cave Junction.
    Section 4(d) makes the map available for public inspection.
    Section 4(e) provides that any reference to the Monument in 
a law, map, regulation, document, paper, or other record to be 
a reference to the ``Oregon Caves National Monument and 
Preserve.''

Section 5. Administration

    Section 5(a) requires the Secretary of the Interior acting 
through the Director of the National Park Service to administer 
the National Monument and Preserve according to this Act, 
Presidential Proclamation Number 876, and any law applicable to 
units of the National Park System.
    Section 5(b) directs the Secretary of the Interior to 
revise the fire management plan to include the National 
Preserve and to carry out hazardous fuel management activities 
in the boundaries of the National Monument and Preserve.
    Section 5(c) requires the Secretary of the Interior to 
allow the completion of existing Forest Service stewardship and 
service contracts executed as of the date of enactment of this 
Act. The Secretary of Agriculture will continue to administer 
the Forest Service contracts through to their completion.
    Section 5(d) gives the Secretary of the Interior the 
authority to allow the grazing of livestock to continue at no 
more than the current level within the preserve.

Section 6. Voluntary grazing lease or permit donation program

    Section 6 outlines requirements for voluntary donation of 
grazing permits or leases within the expanded boundary of the 
National Monument and Preserve. Specifically, the provision 
requires the Secretary of the Interior or the Secretary of 
Agriculture to accept any grazing permit or lease, or a portion 
thereof for two specified grazing allotments, that is donated 
by a permittee or lessee. The Secretary concerned then 
terminates those grazing permits or leases. No new grazing 
permits or leases would be issued within the grazing allotment 
covered by the donated grazing permit or lease.

Section 7. Hunting, fishing, and trapping

    Section 7(a) provides that hunting, fishing, and trapping 
be allowed within the National Preserve in accordance with 
applicable law.
    Section 7(b) provides that the Secretary of the Interior 
may designate areas or time periods in which no hunting, 
fishing, or trapping can take place as long as such limitation 
relates to concerns about public safety, administering the 
National Preserve, or compliance with any applicable law.

Section 8. Effect

    Section 8 maintains the authority and responsibility of the 
State to carry out laws relating to fish and wildlife on areas 
located within the National Preserve.

Section 9. Wild and Scenic River designation, River Styx, Oregon

    Section 9 amends the Wild and Scenic Rivers Act to 
designate the River Styx of Oregon as a scenic river. The River 
Styx is the subterranean portion of Cave Creek and would be the 
first subterranean waterway designated as a component of the 
National Wild and Scenic River System.

Section 10. Wild and Scenic River designation for study

    Section 10 amends the Wild and Scenic Rivers Act to require 
the study of five river segments within the Oregon Caves 
National Monument and Preserve in Oregon.

Section 11. Study and report

    Section 11 amends the Wild and Scenic Rivers Act to require 
that the study report of these five river segments located 
within the boundaries of the Oregon Caves National Monument and 
Preserve be submitted to Congress not later than 3 years after 
funds are made available to carry out the study.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article IV, section 3 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to modify the boundary of the Oregon 
Caves National Monument, and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 2889--Oregon Caves National Monument Boundary Adjustment Act of 
        2010

    Summary: H.R. 2889 would authorize the transfer of 4,070 
acres of land from the Forest Service to the National Park 
Service (NPS) to expand the boundaries of the Oregon Caves 
National Monument. The bill also would require the Secretary of 
the Interior to accept the donation of certain grazing permits 
and to prohibit future grazing on land covered by those 
permits. Finally, the bill would require the Secretary to 
conduct a study regarding the designation of certain waterways 
as scenic rivers.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing the legislation would cost about $1 
million over the 2011-2015 period. Enacting H.R. 2889 would 
reduce federal receipts from grazing fees (a credit against 
direct spending); therefore, pay-as-you-go procedures would 
apply. However, CBO estimates that any reduction in those 
receipts would be negligible for each year.
    H.R. 2889 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: CBO estimates 
that implementing H.R. 2889 would cost $1 million over the 
2011-2015 period, subject to the availability of appropriated 
funds. The costs of this legislation fall within budget 
function 300 (natural resources and environment). Enacting the 
legislation also would result in a small loss of offsetting 
receipts from grazing fees.
    Basis of estimate: H.R. 2889 would authorize the transfer 
of 4,070 acres of land from the Forest Service to the NPS to 
expand the boundaries of the Oregon Caves National Monument. 
Because lands that would be exchanged under the bill are 
currently administered by a federal agency, CBO expects that 
federal costs for land management would not change 
significantly. The bill also would require the Secretary of the 
Interior to study the impact of designating certain waterways 
as scenic rivers. Based on information from the NPS, CBO 
estimates that conducting the study would cost less than 
$500,000 over the next three years. For this estimate, CBO 
assumes that the legislation will be enacted in 2010.
    The legislation would require the Secretary of the Interior 
to accept the donation of certain grazing permits from current 
permit holders. Under the bill, donated permits would be 
terminated and future grazing on land covered by those permits 
would be prohibited. Because CBO expects that those permits 
would be donated if the bill were enacted, we estimate that 
federal receipts would be reduced by less than $7,000 over the 
2010-2020 period, based on information from the Bureau of Land 
Management and the Forest Service. However, if the permit 
holder chose not to donate the existing permits, CBO expects 
that grazing activities would continue through 2020 and that 
there would be no reduction in federal receipts.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. H.R. 2889 could reduce offsetting receipts (from 
grazing fees) by prohibiting future grazing on certain land 
covered by existing permits. However, CBO estimates that any 
reduction in offsetting receipts would be negligible. The net 
budgetary changes that are subject to pay-as-you-go procedures 
are shown in the following table.

   CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 2889, THE OREGON CAVES NATIONAL MONUMENT BOUNDARY ADJUSTMENT ACT OF 2010, AS ORDERED REPORTED BY THE
                                                   HOUSE COMMITTEE ON NATURAL RESOURCES ON MAY 5, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0      0      0      0      0      0      0      0      0      0      0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 2889 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Ryan Miller; Impact on 
the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 2889 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

WILD AND SCENIC RIVERS ACT

           *       *       *       *       *       *       *


  Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
          (1) * * *

           *       *       *       *       *       *       *

          (__) 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.

           *       *       *       *       *       *       *

  Sec. 5. (a) The following rivers are hereby designated for 
potential addition to the national wild and scenic rivers 
system:
          (1) * * *

           *       *       *       *       *       *       *

          (__) 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.
  (b)(1) * * *

           *       *       *       *       *       *       *

          (__) Oregon caves national monument and preserve, 
        oregon.--Not later than 3 years after funds are made 
        available to carry out this paragraph, the Secretary 
        shall complete the study of the Oregon Caves National 
        Monument and Preserve segments designated for study in 
        subsection (a), and shall submit to Congress a report 
        containing the results of the study.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    Unless amended, I oppose H.R. 2889 in its current form for 
substantive policy reasons. This legislation reflects a 
continuing effort by the Committee on Natural Resources under 
the Democrats to lock up our federal lands not just from 
mechanized recreation and extractive resource development but 
also from sensible forest and land management practices.
    The area that will be added to the Oregon Caves National 
Monument is currently managed by the Forest Service, and its 
knowledgeable active management expertise is badly needed in an 
area that is merely 10 miles away from the cataclysmic 2002 
Biscuit Forest Fire. This will likely cease under the anti-
management ideology of the National Park Service.
    This concern is emphasized in the communication I received 
from the Southern Oregon Timber Industry Association. David 
Schott, Executive Vice President, wrote:

          The threat of devastating fire destroying the 
        Monument and all it affords would increase 
        significantly if such an expansion were to take place. 
        The Oregon Caves National Monument sits on almost 500 
        acres of land in a very secluded and unpopulated part 
        of Josephine County, Oregon. It is located within a 
        very few miles of the site of the devastating Biscuit 
        Fire of 2002. It is located in an area that is 
        extremely dry in the summer and an area that receives a 
        high concentration of lightning strikes during the dry 
        hot summer months. In short, it is in a location that 
        is very prone to forest fires that could be of the most 
        catastrophic kind. The only way by which we can 
        minimize the threat of fire to the Oregon Caves 
        National Monument is to actively manage the surrounding 
        forestlands. If the Monument is increased to 4000 
        acres, such management would not be permitted. It is 
        only through well planned thinning and brush abatement 
        that the threat of fire can be mitigated. That won't 
        happen within the Monument, whatever its ultimate size.

    I am also concerned that although the bill allows hunting 
to continue, it would be managed by the Park Service who 
historically has been extremely hostile to hunting and other 
consumptive uses.
    Further, by including language that would allow the 
Secretary of the Interior to end grazing on this land, the 
supporters of this bill are interfering with the valid existing 
property rights of a grazing lease holder. Although the sponsor 
of this bill reports that the lease holder is currently in 
negotiations to sell his lease, Congress should let the 
negotiations proceed on a voluntary basis rather than unfairly 
providing the weapon of unilateral action to one party.
    I am also concerned that national parks are increasingly 
being used by litigation-prone environmental activists and by 
some in the National Park Service to control activities outside 
the Congressionally-determined boundaries of parks. De facto 
buffer zones have been used to interfere with activities such 
as energy projects that are planned near and even far from 
national parks. To restrain this particular abuse, I offered 
amendments to prevent the park designation from being misused 
to prohibit construction and maintenance of power generating 
facilities--whether coal-fired, wind, or solar. With some 
people opposed to almost any new power facility and others 
opposed only to those near their backyard, this has been an 
escalating problem, and the National Park Service has 
participated in killing or delaying affordable and renewable 
energy production from coast to coast. Unfortunately, Committee 
Democrats rejected these common-sense amendments on nearly 
party-line votes.
                                                        Rob Bishop.

    Attachment, Letter from David Schott, Southern Oregon 
Timber Industry Association.

  Re: H.R. 2889--Oregon Caves Monument Expansion
  To: Representative Hastings
          My name is David Schott and I'm currently employed as 
        the Executive Vice President of the Southern Oregon 
        Timber Industries Assn. I have held this position for 
        approximately 5 years. I am also self employed as a 
        lumber wholesaler and with my siblings I also own two 
        ranches in the Cascade Mountain foothills just 30 miles 
        northeast of Medford. I am a lifelong resident of 
        Southern Oregon having been born here some 62+ years 
        ago. I mention that because I am exceedingly aware of 
        the forest fire conditions that exist in our part of 
        the state. Over the last twenty years we have seen 
        increasingly severe fire conditions which culminated 
        with the Biscuit Fire in 2002. That fire consumed 
        almost 500,000 acres (780 square miles) of both 
        national forestland and Wilderness Area land. The 
        Kalmiopsis Wilderness area was ravaged by this fire 
        with almost 190,000 acres (300 sq mi) having been laid 
        waste. That Wilderness Area is currently in an utterly 
        devastated condition for the most part. Further, parts 
        of it has burned at least twice in the last 20 years.
          Now legislation is being proposed with H.R. 2889 that 
        would increase the size of the Oregon Caves National 
        Monument by a factor of almost 9 (480 acres increased 
        to 4000 acres).
          I am completely against the effort to increase the 
        size of the Monument. The threat of devastating fire 
        destroying the Monument and all that it affords would 
        increase significantly if such an expansion were to 
        take place.
          The Oregon Caves National Monument sits on almost 500 
        acres of land in a very secluded and unpopulated part 
        of Josephine County, Oregon. It is located within a 
        very few miles of the site of the devastating Biscuit 
        Fire of 2002. It is located in an area that is 
        extremely dry in the summer and an area that receives a 
        high concentration of lightening strikes during the dry 
        hot summer months. In short, it is in a location that 
        is very prone to forest fires that could be of the most 
        catastrophic kind. The only way by which we can 
        minimize the threat of fire to the Oregon Caves 
        National Monument is to actively manage the surrounding 
        forestlands. If the Monument is increased to 4000 
        acres, such management would not be permitted. It is 
        only through well planned thinning and brush abatement 
        that the threat of fire can be mitigated. That won't 
        happen within the Monument, whatever its ultimate size.
          I need you to realize that there is a growing and 
        persistent effort on the part of environmental 
        organizations to incrementally increase the numbers of 
        acres in protected forest reserves. In this part of the 
        state, there are active efforts to put hundreds of 
        thousands of acres off limit to all uses other than 
        foot or horseback access. One of these efforts which 
        currently is underway is the Siskiyou Monument 
        expansion which is being proposed by the Klamath/
        Siskiyou Wildlands group. The proposal is to increase 
        the newly formed Siskiyou Monument from 60,000 acres to 
        over 650,000 acres. Much of this proposed expansion 
        would come very close to the lands in question in H.R. 
        2889. Again I would submit that the long range 
        ramifications of putting more areas in reserves will 
        subject our forests to increasingly severe fire 
        susceptibility. Doing so would be ludicrous.
          Another result of placing lands into reserves is that 
        cattle grazing would ultimately be eliminated. Having 
        run cattle on the open range myself for many years I 
        can attest to the fact that grasses and other fire 
        fuels are kept to a minimum through grazing and that 
        private timberland owners are universally pleased that 
        such grazing helps keep fire danger to a minimum on 
        their lands.
          There is no question that environmental groups are 
        attempting to have more and more of the publically 
        owned forestland put into forest reserves of some type 
        (e.g., Monument, Roadless, Wilderness, Wild and 
        Scenic). Somewhere, sometime, enough has to be enough. 
        In the last days of the Clinton presidency, he and his 
        administration created 58 million acres of defacto 
        wilderness by declaring that this 2% of the U.S. 
        landmass was to now be ``Roadless''. That effectively, 
        for all practical purposes, put it off limits for 
        almost all uses. That, by the way, was a real fiction 
        in that there are thousands and thousands of miles of 
        roads throughout those ``Roadless'' designated lands.
          What we have seen happen is that in the efforts to 
        ``protect'' these lands, we have actually placed them 
        increasingly at extreme risk of catastrophic fire. 
        Further we have lost hundreds of thousands of jobs due 
        to the ``locking up'' of our national forestlands. By 
        actively managing our national forestlands we could 
        bring thousands of jobs back to the private sector. 
        Unfortunately, we are not managing our forestlands in 
        any kind of effective manner and we are not creating 
        jobs.
          Four thousand acres in this instance is not a lot of 
        acreage but I would submit that the risk of losing vast 
        amounts of acreage, and the loss of critical habitat 
        that goes with it, far outweighs the miniscule benefit 
        of increasing the size of this Monument. Please 
        consider that there are extreme ramifications by 
        actions such as these.
              Very truly yours,
                                                   David R. Schott.

                                  
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