[Senate Report 112-114]
[From the U.S. Government Publishing Office]
Calendar No. 276
112th Congress Report
SENATE
2d Session 112-114
======================================================================
OREGON CAVES REVITALIZATION ACT
_______
January 13, 2012.--Ordered to be printed
Filed, under authority of the order of the Senate of December 17, 2011
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 765]
The Commission on Energy and Natural Resources to which was
referred the bill (S. 765) to modify the boundary of the Oregon
Caves National Monument, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose
The purpose of S. 765 is to modify the boundary of 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 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. Oregon Caves is one of the few marble caves in the
country that is accessible to the public. Cave Creek flows from
the cave entrance and is a tributary to a watershed that
empties into the Pacific Ocean making Oregon Caves the only
cave in the national park system with an unobstructed link to
an ocean. The national monument also preserves a remnant of
old-growth Douglas fir forest and Northwestern rustic
architecture within a National Historic District.
The 488 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 which
would, in turn, better protect the cave, the surface and
subsurface hydrology and the public water supply. Legislation
is needed to add the land under the original withdrawal and
also add some additional lands from the Rogue River-Siskiyou
National Forest to the Oregon Caves National Monument.
S. 765 would adjust the boundary of Oregon Caves National
Monument to include the addition of approximately 4,070 acres
of Forest Service lands which would be managed as a national
preserve. The designation would authorize continued permitting
of hunting and fishing in the preserve, in addition to grazing
in the preserve for existing permits and leases at the time of
enactment. The bill designates the subterranean portion of Cave
Creek, known as the River Styx, as a scenic river under the
Wild and Scenic Rivers Act and provides for potential
designation of five other river segments for inclusion to the
national wild and scenic rivers system. S. 765 will provide
better protection for the cave ecology, establish a logical
topographical boundary, protect the water resources, and
enhance public outdoor recreation opportunities.
Legislative History
S. 765 was introduced on February 17, 2011, by Senators
Wyden and Merkley. The Subcommittee on National Parks held a
hearing on May 11, 2011 (S. Hrg. 112-124). At its business
meeting on November 10, 2011, the Committee on Energy and
Natural Resources ordered S. 765 favorably reported.
During the 111th Congress, the Committee considered similar
legislation sponsored by Senators Wyden and Merkley, S. 1270.
The Subcommittee on National Parks held a hearing on S. 1270 on
July 22, 2009, and the Committee ordered the bill favorably
reported with amendments at its business meeting on June 21,
2010 (S. Rpt. 111-256).
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on November 10, 2011, by majority voice vote
of a quorum present recommends that the Senate pass S. 765.
Senator Risch asked to be recorded as opposing the measure.
Section-by-Section Analysis
Section 1 provides the short title, the ``Oregon Caves
National Monument Boundary Adjustment Act of 2011.''
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. The national preserve and the existing
Oregon Caves National Monument are to be collectively known as
the Oregon Caves National Monument and Preserve to be
administered as a single unit by the National Park Service.
Subsection (b) transfers administrative jurisdiction over
the land designated as a 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
Act, 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 (16 U.S.C. 1 et
seq.).
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 and the liability of
the Forest Service 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 permit 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)(1) 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.
Subsection (b)(2) amends the Wild and Scenic Rivers Act (16
U.S.C. 1276(b)) 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. 765--Oregon Caves Revitalization Act of 2011
Summary: S. 765 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.
Based on information from the affected agencies, CBO
estimates that implementing the legislation would have no
significant impact on the federal budget. Enacting S. 765 would
reduce offsetting receipts (a credit against direct spending)
from grazing fees; therefore, pay-as-you-go procedures apply.
However, CBO estimates that any reduction in receipts would be
negligible for each year. Enacting the legislation would not
affect revenues.
S. 765 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. 765 would have no significant impact on
discretionary spending. Enacting the legislation would probably
result in a small loss of offsetting receipts from grazing
fees.
Basis of estimate: S. 765 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 have a
minimal impact on the agency's budget.
The legislation also 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, under the
bill, offsetting receipts from grazing fees would be reduced by
less than $7,000 over the 2012-2021 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. 765 would 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.
Intergovernmental and private-sector impact: S. 765
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: Melissa Merrell; Impact
on the Private Sector: Amy Petz.
Estimate 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. 765.
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. 765, as ordered reported.
Congressionally Directed Spending
S. 765, 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 May 11, 2011, Subcommittee on National
Parks hearing on S. 765 follows.
Statement of Stephen E. Whitesell, Associate Director, Park Planning,
Facilities, and Lands, National Park Service, U.S. 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. 765, a bill to modify the boundary of the Oregon
Caves National Monument, and for other purposes.
The Department supports the intent of S. 765 as consistent
with the General Management Plan (GMP) for the park, but
recommends deferring action on the bill as we continue
exploring ways to maintain interagency coordination.
S. 765 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 River-Siskiyou National
Forest.
S. 765 directs the Secretary to revise the fire management
plan for the Monument to include transferred lands and carry
out hazardous fuel management activities under that plan.
Existing Forest Service stewardship or service contracts would
continue to completion under the authority of the Secretary of
Agriculture.
The bill would authorize the Secretary to permit hunting
and fishing within the Preserve. It also provides flexibility
in managing the resources within the preserve by allowing the
Secretary, in consultation with the Oregon Department of Fish
and Wildlife, to limit hunting and fishing in designated zones
and over certain time periods. Based on information collected
during the public participation process for the GMP, we would
prefer to terminate hunting within the preserve after five
years with the acreage being converted to national monument
status. 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.
S. 765 would authorize the Secretary to allow grazing to
continue within the Preserve at a level not greater than
authorized under existing permits or leases at enactment. It
would also require the Secretary to accept voluntary donation
of a grazing lease or permit for the Big Grayback Grazing
Allotment (managed by the U.S. Forest Service) and the Billy
Mountain Grazing Allotment (managed by the Bureau of Land
Management) and terminate the donated lease or permit and
ensure a permanent end to grazing on the land covered by the
permit or lease. Claim to any range improvements on those lands
would be waived. 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.
This bill would also designate the subterranean segment of
Cave Creek, known as the River Styx, as a scenic river under
the Wild and Scenic Rivers Act. Additionally, the bill would
authorize a study of segments of Cave Creek, Lake Creek, No
Name Creek, Panther Creek and Upper Cave Creek--all within the
Monument and Preserve--under the Wild and Scenic Rivers Act.
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
River-Siskiyou National Forest. S. 765 would mirror the 1907
withdrawal and adds some additional lands to conform the
monument boundary to the watershed.
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.
This is the only cave in the national park system 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. 765 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 National Park Service is
committed to coordinating with the U.S. Forest Service on
topics such as recreation management, management of cave
resources, public signing, livestock grazing, trail maintenance
and construction, fire protection, and fuels reduction among
others.
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 Systems,
Forest Service, Department of Agriculture
Mr. Chairman, Ranking Member Burr, and members of the
Subcommittee:
Thank you for the opportunity to provide the
Administration's views on S. 564 (Valles Caldera), S. 765
(Oregon Caves), S. 508 (Chimney Rock), and S. 279 (Camp Hale)
* * * * * * *
s. 765, oregon caves
S. 765 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 designates
one river segment 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 National Forest System land.
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 NFS lands and increase public
recreation opportunities through a joint public involvement and
review process, to ensure that public concerns and desires are
addressed. To this end, the local U.S. Forest Service and
National Park Service units have committed to coordination on
topics such as recreation management, management of cave
resources, public signing, livestock grazing, trail maintenance
and construction, fire protection, and fuels reduction among
others.
boundary adjustment and management
Section 3 of the bill would transfer management of the
National Forest System Lands from the Secretary of Agriculture
to the Secretary of the Interior, and 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 DOI's 1998 plan) has taken
place on the issue of Monument 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 for this area:
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 contracts 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. These treatments
are designed to restore 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. About 150 acres of treatment have
been completed and another 100 acres are under
contract. To that end, we fully endorse the intent of
section 4(b) 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 and thus a seamless management regime is an
important goal.
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 4(d) 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. Section 5 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. The agency is committed to closing
the Big Grayback allotment if the permit is donated.
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 4 that fishing, hunting and
trapping be permitted in the proposed National Preserve.
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. 765 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.
* * * * * * *