[Senate Report 111-256]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 526
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-256

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



 
         OREGON CAVES NATIONAL MONUMENT BOUNDARY ADJUSTMENT ACT

                                _______
                                

                 August 5, 2010.--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. 1270]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1270) to modify the boundary of the 
Oregon Caves National Monument, 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 ``Oregon Caves National Monument 
Boundary Adjustment Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Map.--The term ``map'' means the map entitled ``Oregon 
        Caves National Monument and Preserve'', numbered 150/80,023, 
        and dated May 2010.
          (2) Monument.--The term ``Monument'' means the Oregon Caves 
        National Monument established by Presidential Proclamation 
        Number 876 (36 Stat. 2497), dated July 12, 1909.
          (3) National monument and preserve.--The term ``National 
        Monument and Preserve'' means the Oregon Caves National 
        Monument and Preserve designated by section 3(a)(1).
          (4) National preserve.--The term ``National Preserve'' means 
        the National Preserve designated by section 3(a)(2).
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (6) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                  (A) the Secretary of Agriculture (acting through the 
                Chief of the Forest Service), with respect to National 
                Forest System land; and
                  (B) the Secretary of the Interior, with respect to 
                land managed by the Bureau of Land Management.
          (7) State.--The term ``State'' means the State of Oregon.

SEC. 3. DESIGNATIONS; LAND TRANSFER; BOUNDARY ADJUSTMENT.

    (a) Designations.--
          (1) In general.--The Monument and the National Preserve shall 
        be administered as a single unit of the National Park System 
        and collectively known and designated as the ``Oregon Caves 
        National Monument and Preserve''.
          (2) National preserve.--The approximately 4,070 acres of land 
        identified on the map as ``Proposed Addition Lands'' shall be 
        designated as a National Preserve.
    (b) Transfer of Administrative Jurisdiction.--
          (1) In general.--Administrative jurisdiction over the land 
        designated as a National Preserve under subsection (a)(2) is 
        transferred from the Secretary of Agriculture to the Secretary, 
        to be administered as part of the National Monument and 
        Preserve.
          (2) Exclusion of land.--The boundaries of the Rogue River-
        Siskiyou National Forest are adjusted to exclude the land 
        transferred under paragraph (1).
    (c) Boundary Adjustment.--The boundary of the National Monument and 
Preserve is modified to exclude approximately 4 acres of land--
          (1) located in the City of Cave Junction; and
          (2) identified on the map as the ``Cave Junction Unit''.
    (d) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    (e) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Monument shall be 
considered to be a reference to the ``Oregon Caves National Monument 
and Preserve''.

SEC. 4. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the National 
Monument and Preserve in accordance with--
          (1) this Act;
          (2) Presidential Proclamation Number 876 (36 Stat. 2497), 
        dated July 12, 1909 ; and
          (3) any law (including regulations) generally applicable to 
        units of the National Park System, including the National Park 
        Service Organic Act (16 U.S.C. 1 et seq.).
    (b) Fire Management.--As soon as practicable after the date of 
enactment of this Act, in accordance with subsection (a), the Secretary 
shall--
          (1) revise the fire management plan for the Monument to 
        include the land transferred under section 3(b)(1); and
          (2) in accordance with the revised plan, carry out hazardous 
        fuel management activities within the boundaries of the 
        National Monument and Preserve.
    (c) Existing Forest Service Contracts.--
          (1) In general.--The Secretary shall--
                  (A) allow for the completion of any Forest Service 
                stewardship or service contract executed as of the date 
                of enactment of this Act with respect to the National 
                Preserve; and
                  (B) recognize the authority of the Secretary of 
                Agriculture for the purpose of administering a contract 
                described in subparagraph (A) through the completion of 
                the contract.
          (2) Terms and conditions.--All terms and conditions of a 
        contract described in paragraph (1)(A) shall remain in place 
        for the duration of the contract.
          (3) Liability.--The Forest Service shall be responsible for 
        any liabilities relating to a contract described in paragraph 
        (1)(A).
    (d) Grazing.--
          (1) In general.--Subject to paragraph (2), the Secretary may 
        allow the grazing of livestock within the National Preserve to 
        continue as authorized under permits or leases in existence as 
        of the date of enactment of this Act.
          (2) Applicable law.--Grazing under paragraph (1) shall be--
                  (A) at a level not greater than the level at which 
                the grazing exists as of the date of enactment of this 
                Act, as measured in Animal Unit Months; and
                  (B) in accordance with each applicable law (including 
                National Park Service regulations).
    (e) Fish and Wildlife.--The Secretary shall permit hunting and 
fishing on land and waters within the National Preserve in accordance 
with applicable Federal and State laws, except that the Secretary may, 
in consultation with the Oregon Department of Fish and Wildlife, 
designate zones in which, and establish periods during which, no 
hunting or fishing shall be permitted for reasons of public safety, 
administration, or compliance by the Secretary with any applicable law 
(including regulations).

SEC. 5. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM.

    (a) Donation of Lease or Permit.--
          (1) Acceptance by secretary concerned.--The Secretary 
        concerned shall accept a grazing lease or permit that is 
        donated by a lessee or permittee for--
                  (A) the Big Grayback Grazing Allotment located in the 
                Rogue River-Siskiyou National Forest; and
                  (B) the Billy Mountain Grazing Allotment located on a 
                parcel of land that is managed by the Secretary (acting 
                through the Director of the Bureau of Land Management).
          (2) Termination.--With respect to each grazing permit or 
        lease donated under paragraph (1), the Secretary shall--
                  (A) terminate the grazing permit or lease; and
                  (B) ensure a permanent end to grazing on the land 
                covered by the grazing permit or lease.
    (b) Effect of Donation.--A lessee or permittee that donates a 
grazing lease or grazing permit (or a portion of a grazing lease or 
grazing permit) under this section shall be considered to have waived 
any claim to any range improvement on the associated grazing allotment 
or portion of the associated grazing allotment, as applicable.

SEC. 6. WILD AND SCENIC RIVER DESIGNATIONS.

    (a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)) is amended by adding at the end the following:
          ``(208) River styx, oregon.--The subterranean segment of Cave 
        Creek, known as the River Styx, to be administered by the 
        Secretary of the Interior as a scenic river.''.
    (b) Potential Additions.--
          (1) In general.--Section 5(a) of the Wild and Scenic Rivers 
        Act (16 U.S.C. 1276(a)) is amended by adding at the end the 
        following:
          ``(141) Oregon caves national monument and preserve, 
        oregon.--
                  ``(A) Cave creek, oregon.--The 2.6-mile segment of 
                Cave Creek from the headwaters at the River Styx to the 
                boundary of the Rogue River Siskiyou National Forest.
                  ``(B) Lake creek, oregon.--The 3.6-mile segment of 
                Lake Creek from the headwaters at Bigelow Lakes to the 
                confluence with Cave Creek.
                  ``(C) No name creek, oregon.--The 0.6-mile segment of 
                No Name Creek from the headwaters to the confluence 
                with Cave Creek.
                  ``(D) Panther creek.--The 0.8-mile segment of Panther 
                Creek from the headwaters to the confluence with Lake 
                Creek.
                  ``(E) Upper cave creek.--The segment of Upper Cave 
                Creek from the headwaters to the confluence with River 
                Styx.''.
          (2) Study; report.--Section 5(b) of the Wild and Scenic 
        Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end 
        the following:
          ``(20) Oregon caves national monument and preserve, oregon.--
        Not later than 3 years after the date on which funds are made 
        available to carry out this paragraph, the Secretary shall--
                  ``(A) complete the study of the Oregon Caves National 
                Monument and Preserve segments described in subsection 
                (a)(141); and
                  ``(B) submit to Congress a report containing the 
                results of the study.''.

                                Purposes

    The purposes of S. 1270 are to modify the boundary of the 
Oregon Caves National Monument to include approximately 4,070 
acres of lands currently administered by the Forest Service, 
and to designate several river segments within the monument as 
additions to the National Wild and Scenic Rivers System in 
order to enhance the protection of the natural resources 
associated with the Monument.

                          Background and Need

    Located in southwestern Oregon, Oregon Caves National 
Monument was established by Presidential Proclamation (36 Stat. 
2497) in 1909 to protect and interpret a unique marble cave 
formation. The national monument also preserves a remnant of 
old-growth Douglas fir forest and Northwestern rustic 
architecture within a National Historic District.
    The 480 acres that make up the Oregon Caves National 
Monument were included in a 1907 withdrawal of approximately 
2,560 acres for the purposes of establishing a national 
monument. The land included in the 1907 withdrawal that lies 
outside of the Oregon Caves National Monument is administered 
by the Forest Service as part of the Rogue River-Siskiyou 
National Forest.
    A 1998 general management plan prepared by the National 
Park Service recommended a boundary expansion to protect a 
watershed above the Oregon Caves and adjacent lands. 
Legislation is needed to add the land under the original 
withdrawal and an additional 1,030 acres of the Rogue River-
Siskiyou National Forest to the Oregon Caves National Monument. 
S. 1270 will provide better protection for the cave ecology, 
establish a logical topographical boundary, and enhance public 
outdoor recreation opportunities.

                          Legislative History

    S. 1270 was introduced by Senators Wyden and Merkley on 
June 16, 2009. The Subcommittee on National Parks held a 
hearing on the bill on July 22, 2009. The Committee on Energy 
and Natural Resources considered the bill and adopted an 
amendment in the nature of a substitute at its business meeting 
on June 16, 2010. The Committee ordered S. 1270 favorably 
reported, as amended, at its business meeting on June 21, 2010.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on June 21, 2010, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1270, if amended as 
described herein.

                          Committee Amendment

    During the consideration of S. 1270, the Committee adopted 
an amendment in the nature of a substitute. In addition to 
making several technical, clarifying, and conforming edits, the 
amendment deletes the Congressional finding and purposes 
section and a subsection relating to carrying out ecological 
forest restoration activities at the Monument. It changes the 
bill's designation of several waterways as ``components of'' to 
``potential additions to'' the national wild and scenic rivers 
system.
    The amendment adopted by the Committee adds subsections 
that modify the Oregon Cave National Monument's fire management 
plan to include the transferred land and allow outstanding 
Forest Service contracts to be completed on the transferred 
land. The Committee amendment is further explained in detail in 
the section-by-section analysis below.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Oregon Caves 
National Monument Boundary Adjustment Act of 2010.''
    Section 2 defines key terms used in the bill.
    Section 3(a) designates the 4,070 acres of land currently 
administered by the Rogue River-Siskiyou National Forest as a 
National Preserve to be collectively known as the Oregon Caves 
National Monument and Preserve.
    Subsection (b) transfers administrative jurisdiction over 
the National Preserve from the Secretary of Agriculture to the 
Secretary of the Interior (Secretary), and adjusts the 
boundaries of the Rogue-River-Siskiyou National Forest to 
exclude the transferred land.
    Subsection (c) adjusts the boundary of the Oregon Caves 
National Monument and Preserve to exclude approximately four 
acres of land located in the City of Cave Junction.
    Subsection (d) requires that the National Park Service make 
the map of the Oregon Caves National Monument and Preserve 
available to the public.
    Subsection (e) clarifies that any reference made in Federal 
records to the Oregon Caves National Monument shall be 
considered a reference to the Oregon Caves National Monument 
and Preserve.
    Section 4(a) directs the Secretary to administer the Oregon 
Caves National Monument and Preserve in accordance with the 
bill, the presidential proclamation made in 1909, and any law 
generally applicable to units of the National Park System, 
including the National Park Service Organic Act.
    Subsection (b) directs the Secretary to revise the fire 
management plan for the Oregon Cave National Monument to 
include the transferred land, and carry out hazardous fuel 
management activities on the transferred land in accordance 
with the fire management plan.
    Subsection (c) directs the Secretary to allow Forest 
Service stewardship or service contracts related to the 
transferred land that are executed on or before the date of 
enactment of the bill to be completed, and to recognize the 
authority of the Secretary of Agriculture in such contracts.
    Subsection (d) requires the Secretary to allow livestock 
grazing within the National Preserve to continue under permits 
or leases in existence at the date of enactment of the bill at 
a level no higher than the level at the date of enactment of 
the bill.
    Subsection (e) directs the Secretary to allow hunting and 
fishing within the National Preserve in accordance with Federal 
and State laws, but allows the Secretary, in consultation with 
the Oregon Department of Fish and Wildlife, to designate zones 
and periods in which hunting and fishing is not allowed due to 
public safety, administration, or laws applicable to the 
Secretary.
    Section 5(a) directs the Secretary or the Secretary of 
Agriculture to accept the donation of grazing leases or permits 
for the Big Grayback Grazing Allotment and the Billy Mountain 
Grazing Allotment. Upon donation of a lease or permit, the 
Secretary is required to terminate the lease or permit to 
ensure a permanent end to grazing on the donated land.
    Subsection (b) clarifies that those who donate grazing 
leases or permits waive any claims to range improvements on the 
associated grazing allotments.
    Section 6(a) amends section 3(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(a)) to designate the subterranean 
segment of Cave Creek, known as the River Styx, as a scenic 
river.
    Subsection (b) amends section 5(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1276(a)) to designate several segments of 
waterways within the Oregon Caves National Monument and 
Preserve, including a 2.6-mile segment of Cave Creek, a 3.6-
mile segment of Lake Creek, a 0.6-mile segment of No Name 
Creek, a 0.8-mile segment of Panther Creek, and a segment of 
Upper Cave Creek, as potential additions to the National Wild 
and Scenic Rivers System. Section 5(b) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1276(b)) is amended to direct the 
Secretary to complete a study of the potential additions and 
submit a report to Congress with the results no later than 
three years after the date on which necessary funds are made 
available.

                   Cost and Budgetary Considerations

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

S. 1270--Oregon Caves National Monument Boundary Adjustment Act of 2010

    Summary: S. 1270 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 designate the River Styx as a 
scenic river and require the Secretary to conduct additional 
studies regarding the designation of other waterways in Oregon 
as scenic rivers.
    Assuming availability of appropriated funds, CBO estimates 
that implementing the legislation would cost about $1 million 
over the 2011-2015 period. Enacting S. 1270 could reduce 
offsetting receipts (a credit against direct spending) from 
grazing fees; therefore, pay-as-you-go procedures would apply. 
However, CBO estimates that any reduction in those receipts 
would be negligible for each year. Enacting the legislation 
would not affect revenues.
    S. 1270 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 S. 1270 would cost $1 million over the 2011-
2015 period, assuming the availability of appropriated funds. 
The costs of this legislation fall within budget function 300 
(natural resources and environment). Enacting the legislation 
also could result in a small loss of offsetting receipts from 
grazing fees.
    Basis of estimate: S. 1270 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 
already administered by a federal agency, CBO expects that 
federal costs to manage the affected lands would not change 
significantly. The bill also would require the Secretary of the 
Interior to designate the River Styx as a scenic river and to 
study the impact of designating certain other waterways in 
Oregon as scenic rivers. Based on information from the NPS, CBO 
estimates that carrying out those activities would cost about 
$1 million over the 2011-2015 period.
    The legislation would require the Secretary of the Interior 
to accept donations 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. Based on information from the affected 
agencies, CBO expects that those permits would be donated if 
the bill is enacted. CBO estimates that offsetting receipts 
collected from grazing fees would be reduced under the bill by 
less than $7,000 over the 2010-2020 period.
    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. S. 1270 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 S. 1270, THE OREGON CAVES NATIONAL MONUMENT BOUNDARY ADJUSTMENT ACT OF 2010, AS ORDERED REPORTED BY THE SENATE
                                               COMMITTEE ON ENERGY AND NATURAL RESOURCES ON JUNE 21, 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: S. 1270 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On May 17, 2010, CBO transmitted a 
cost estimate 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. The House 
and Senate versions of the legislation are similar, and the CBO 
cost estimates are the same.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine 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. 1270.
    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. 1270, as ordered reported.

                   Congressionally Directed Spending

    S. 1270, as ordered reported, 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 testimony provided by the National Park Service and the 
Forest Service at the July 22, 2009 Subcommittee hearing on S. 
1270 follows:

 Statement of Daniel N. Wenk, Acting Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the committee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 1270, a bill to modify the boundary of Oregon 
Caves National Monument, and for other purposes.
    The Department supports the intent of S. 1270 as consistent 
with the General Management Plan (GMP) for the park, but 
recommends deferring action on the bill to give us the 
opportunity to continue exploring ways to maintain interagency 
coordination. DOI and USDA look forward to reporting on these 
discussions within 6 months.
    S. 1270 would adjust the boundary of Oregon Caves National 
Monument to include the addition of approximately 4,070 acres 
to enhance the protection of resources associated with the 
monument and to increase quality recreation opportunities. The 
lands that would be added are currently managed by the U.S. 
Forest Service as part of the Rogue-Siskiyou National Forest.
    S. 1270 would designate approximately 7.6 miles of these 
waterways as wild, scenic, or recreational under the Wild and 
Scenic Rivers Act, including the first subterranean designated 
waterway in the country, the River Styx, which flows through 
the caves as a ``recreational'' river.
    S. 1270 provides authority for the Secretary to protect the 
water quality--in the caves and for public consumption--and to 
administer the lands in accordance with current laws and 
regulations. The Secretary is also directed to carry out 
ecological forest restoration activities that would establish a 
fire regime, manage revegetation projects, and reduce the risk 
of losing key ecosystem components. The land that this bill 
would transfer is categorized by the U.S. Forest Service as 
condition class 3--high risk of fire. Most of it is also 
designated as Late Successional Reserve under the Northwest 
Forest Plan. We understand that the Forest Service is currently 
working on a multi-year effort to reduce fuels under a 
comprehensive forest plan which is intended to help restore the 
appropriate role of fire in the entire ecosystem, which in turn 
would benefit monument resources that are at risk from fire and 
fire suppression damage.
    The bill also requires the Secretary to accept any grazing 
lease or permit that is donated by a lessee or permittee and 
further requires that no new leases or permits be granted.
    In 1907, the Secretary of the Interior withdrew 
approximately 2,560 acres for the purposes of establishing a 
national monument. The 1909 presidential proclamation 
establishing Oregon Caves National Monument included only 480 
acres. The monument was managed by the U.S. Forest Service 
until its administration was transferred to the National Park 
Service in 1933. The remaining withdrawal outside of the 
monument is administered by the USFS as part of the Rogue-
Siskiyou National Forest. S. 1270 restores these lands to the 
original monument boundary.
    The explorer Joaquin Miller extolled ``The Wondrous marble 
halls of Oregon!'' when speaking about the newly proclaimed 
Oregon Caves National Monument in 1909. Oregon Caves is one of 
the few marble caves in the country that is accessible to the 
public. This park, tucked up in the winding roads of southern 
Oregon, is known for its remoteness, the cave majesty and 
unusual biota.
    The stream flowing from the cave entrance is a tributary to 
a watershed that empties into the Pacific Ocean. There are no 
human-made obstructions that would prevent salmon migration, 
which makes this the only cave in the National Park Service 
with an unobstructed link to the ocean.
    The caves are nationally significant and a favorite visit 
for school kids and travelers alike. They remain alive and 
healthy because of the watershed above them. The park 
recognized this when developing the 1998 GMP and accompanying 
Environmental Impact Statement. The plan recommended the 
inclusion of the watershed into the park to provide for better 
cave protection and to protect the surface and subsurface 
hydrology and the public water supply.
    If S. 1270 were enacted, there would be no acquisition 
costs associated with the boundary expansion and we estimate 
National Park Service's management, administrative, 
interpretive, resource protection, and maintenance costs to be 
approximately $300,000 to $750,000 annually.
    The Department has four major issues with the bill at this 
time:
    1. Section 6 of the bill designates the River Styx as a 
recreational river. The recreational status does not afford any 
additional protection to the water or cave resources and may 
encumber the current management of the cave resources.
    2. Section 7 of the bill requires the Secretary to ensure 
that forest attributes remain intact and functioning within a 
``historical range''. However, because of environmental 
uncertainties, it may be more prudent to use ``normal range of 
ecosystem variability'' rather than ``historical range''.
    3. Section 8 of the bill requires that if a grazing 
permittee or lessee chooses to voluntarily donate a grazing 
permit or lease within either the Big Grayback Grazing 
Allotment (managed by the U.S. Forest Service) or the Billy 
Mountain Grazing Allotment (managed by the BLM) the Secretary 
shall accept the donation, terminate those permits or leases 
and that those allotments shall be permanently retired. It is 
our understanding that the same individual runs livestock on 
both the Big Grayback and Billy Mountain Allotments. We note 
that the Billy Mountain Grazing Allotment is approximately 15 
miles from the boundary of the proposed monument expansion. We 
would like the opportunity to work with the Committee and 
sponsor to further explore these grazing provisions.
    4. Section 9 of the bill discusses hunting, fishing and 
trapping. We support the Administrative Exceptions under 
subsection (b) since it provides flexibility in managing the 
resources within the preserve. With respect to Section 9, we 
would like to terminate hunting within the preserve after five 
years with the acreage being converted to national monument 
status. We base this request on the information collected 
during the public participation process for the General 
Management Plan. Of the 892 comments received on the plan, only 
8, less than one percent, expressed concern about the loss of 
hunting should the added acres be designated as part of the 
national monument.
    Mr. Chairman, this concludes my statement. I would be happy 
to answer any questions that you may have.

Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest 
                   Service, Department of Agriculture

S. 1270, The Oregon Caves National Monument Boundary Adjustment Act of 
2009 and S. 635, To Amend the Wild and Scenic Rivers Act To Designate a 
 Segment of Illabot Creek in Skagit County, Washington, as a Component 
             of the National Wild and Scenic Rivers System

    Thank you for inviting me to testify on S. 1270, the Oregon 
Caves National Monument Boundary Adjustment Act of 2009, and S. 
635, to Amend the Wild and Scenic Rivers Act to Designate A 
Segment of Illabot Creek in Skagit County, Washington, as a 
component of the National Wild and Scenic Rivers System.


                                s. 1270


    S. 1270 would modify the boundary of the Oregon Caves 
National Monument to include approximately 4,070 acres of land 
currently managed by the Rogue River-Siskiyou National Forest. 
The resulting Monument would be designated as the Oregon Caves 
National Monument and Preserve. The bill would also designate 
six segments of rivers as part of the National Wild and Scenic 
Rivers System, and it would provide for possible termination of 
grazing use on a Forest Service-managed grazing allotment, a 
portion of which is located within the proposed boundary of the 
Preserve. USDA believes that interagency coordination and 
cooperation, with joint public involvement, is the most 
effective way of managing the Oregon Caves National Monument 
and surrounding Forest Service land. USDA and DOI look forward 
to reporting on the progress of our interagency coordination 
efforts within 6 months.
    I would like to take this opportunity to discuss the 
current status of cooperative management of the Rogue River-
Siskiyou National Forest and the Oregon Caves National Monument 
and provide a few comments to the bill.
    We believe interagency cooperation would carry out the 
purpose of the bill to enhance the protection of the resources 
associated with the Monument and increase public recreation 
opportunities through a joint public involvement and review 
process, to ensure that public concerns and desires are 
addressed.


                   boundary adjustment and management


    Section 4 of the bill would direct the Secretary of 
Agriculture to transfer management of the National Forest 
System Lands to the Secretary of the Interior, and to adjust 
the boundary of the Rogue River-Siskiyou National Forest 
accordingly. The 1998 Oregon Caves National Monument General 
Management Plan by the Department of the Interior (DOI), 
developed through the public National Environmental Policy Act 
(NEPA) process, recommended a similar boundary expansion. 
However, no coordinated study or formal dialogue between the 
Departments (beyond that provided under NEPA during development 
of the 1998 plan) has taken place on the issue of expansion.
    The U.S. Forest Service is committed to cooperative 
management across our respective jurisdictions.
    The land managers of the Rogue River-Siskiyou National 
Forest have three priorities:
    Maintaining and protecting cave resources, hydrologic 
resources, watersheds, and view sheds. Critical landscapes, 
including cave resources and watersheds, are managed by 
interagency collaboration. These resources, and the need to 
manage them in a cooperative manner, extend well beyond the 
proposed Monument boundary.
    Improving forest health by addressing hazardous fuels. Most 
of the proposed expansion area is designated in the Land and 
Resource Management Plan as ``Late-Successional Reserve'' (LSR) 
as defined under the Northwest Forest Plan. These areas are 
intended to serve as habitat for late-successional and old-
growth related species. A majority of the LSR landscape within 
this watershed, and the larger surrounding landscape managed by 
the Forest Service, is in fire condition class 3--high risk of 
damaging wildfire. Currently the Rogue River-Siskiyou National 
Forest is removing hazardous fuels using timber contacts to 
reduce fuels, both around the immediate vicinity of the 
Monument and across watersheds. The Forest plans to treat 
approximately 1550 acres to reduce hazardous fuels within the 
proposed expansion area. ARRA funds are helping increase the 
implementation rate of treatment in this area. Of the 1,550 
acres, approximately 100 acres of hazardous fuels will be 
removed by timber contract with volume estimated at 560 
thousand board feet and an appraised value of approximately 
$168,000. The remaining acreage will be treated using other 
methods. These treatments are designed to restore the fire to 
this ecosystem and will help ensure that the forest attributes 
intended for the LSR, including bigger, older, more fire 
resistant trees, remain intact. To that end, we fully endorse 
the intent of section 7 of the proposed legislation to have 
forest restoration activities continue on the proposed 
expansion area. The hazardous fuel challenge in this region and 
the danger of catastrophic fire cross all jurisdictions and is 
one we all must work together to address.
    Managing for multiple uses while minimizing any potential 
impacts from harvest, grazing, mining, and road construction. 
On National Forest lands surrounding the Monument, timber 
harvesting, grazing and special forest product harvesting (i.e. 
bear grass, firewood, mushrooms, etc.) are allowed only if they 
meet resource objectives, as described above. Road management 
is limited to maintenance and reconstruction activities; no new 
roads are planned. Moreover, interagency collaboration provides 
additional oversight of these multiple-use activities.


            relinquishment and retirement of grazing permits


    Section 8 of the legislation would require the Secretary of 
the Interior to permit livestock grazing at a level not greater 
than the level at which grazing exists on the date of 
enactment. The legislation also would direct the Secretary of 
Agriculture to accept any donation of a grazing permit by the 
permit holder for grazing on the Forest Service managed Big 
Grayback grazing allotment and if such a donation is received, 
ensure an end to grazing on the entire allotment. Under this 
legislation, only a small portion of the Big Grayback allotment 
would become part of the proposed Preserve, but the legislation 
would end grazing on a large area of land outside the Preserve. 
We look forward to working with the Committee to address 
grazing management issues.


                       recreational opportunities


    Current recreation on the portion of the National Forest 
proposed to be transferred includes horseback riding, hunting 
and fishing, gathering, camping, backpacking, and hiking. We 
support the requirement in section 9 that fishing, hunting and 
trapping be permitted in the proposed National Preserve with 
some limitations.


                         wild and scenic rivers


    Section 6 of the proposed legislation provides for the 
addition of six river segments to the National Wild and Scenic 
Rivers System (NWSRS). The Siskiyou National Forest analyzed 
all tributaries to the Illinois River on National Forest System 
lands for eligibility for inclusion in the National Wild and 
Scenic Rivers System as part of a 1989 settlement agreement to 
an appeal of the Land and Resource Management Plan. None of the 
four rivers included partly or entirely in the current Monument 
expansion proposal were found to meet the criteria for 
eligibility at that time. The segments within the proposed 
expansion area should be re-evaluated for their eligibility to 
be included in or added to the National Wild and Scenic Rivers 
System.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1270, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                       WILD AND SCENIC RIVERS ACT


             (Public Law 90-542; Approved October 2, 1968)


                        [16 U.S.C 1271 et seq.]


  AN ACT To provide a National Wild and Scenic Rivers System, and for 
                             other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
this Act may be cited as the ``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:

           *       *       *       *       *       *       *

          (208) River styx, oregon.--The subterranean segment 
        of Cave Creek, known as the River Styx, to be 
        administered by the Secretary of the Interior as a 
        scenic river.

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

          (141) Oregon caves national monument and preserve, 
        oregon.--
                  (A) Cave creek, oregon.--The 2.6-mile segment 
                of Cave Creek from the headwaters at the River 
                Styx to the boundary of the Rogue River 
                Siskiyou National Forest.
                  (B) Lake creek, oregon.--The 3.6-mile segment 
                of Lake Creek from the headwaters at Bigelow 
                Lakes to the confluence with Cave Creek.
                  (C) No Name creek, oregon.--The 0.6-mile 
                segment of No Name Creek from the headwaters to 
                the confluence with Cave Creek.
                  (D) Panther creek.--The 0.8-mile segment of 
                Panther Creek from the headwaters to the 
                confluence with Lake Creek.
                  (E) Upper cave creek.--The segment of Upper 
                Cave creek from the headwaters to the 
                confluence with River Styx.

           *       *       *       *       *       *       *

    (b)(1) The studies of rivers named in subparagraphs (28) 
through (55) of subsection (a) of this section shall be 
completed and reports thereon submitted by not later than 
October 2, 1979: Provided, That with respect to the rivers 
named in subparagraphs (33), (50), and (51), the Secretaries 
shall not commence any studies until (i) the State legislature 
has acted with respect to such river or (ii) one year from the 
date of enactment of this Act, whichever is earlier. Studies of 
the river named in paragraphs (38), (55), (83), and (87) shall 
be completed and the reports transmitted to the Congress not 
later than January 1, 1987.

           *       *       *       *       *       *       *

          (20) Oregon caves national monument and preserve, 
        oregon.--Not later than 3 years after the date on which 
        funds are made available to carry out this paragraph, 
        the Secretary shall--
                  (A) complete the study of the Oregon Caves 
                National Monument and Preserve segments 
                described in subsection (a)(141); and
                  (B) submit to Congress a report containing 
                the results of the study.

           *       *       *       *       *       *       *


                                  
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