**Statement of**

**Luke Johnson, Deputy Director**

**Bureau of Land Management**

**Before the Senate Energy & Natural Resources Committee**

**Subcommittee on Public Lands and Forests**

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

**February 27, 2008**

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

**[Background]{.underline}**

The Cascade-Siskiyou National Monument (Monument) was established by
Presidential Proclamation on June 9, 2000. Encompassing nearly 53,000
acres of Federal land managed by the Bureau of Land Management (BLM),
the Monument is a place of great biological diversity due to its
location at the confluence of three converging mountain ecoregions---the
Cascade, Klamath and Eastern Cascade. The proclamation withdrew these
public lands from a number of uses and limited commercial harvest of
timber within the Monument "except when part of an authorized
science-based ecological restoration project." Additionally, the
proclamation directed the Secretary of the Interior to undertake a study
of livestock grazing within the Cascade-Siskiyou National Monument and
the effects of grazing on the Monument with specific attention to
sustaining the natural ecosystem dynamics.

The BLM has been managing the Monument consistent with the proclamation
for nearly eight years. A comprehensive management plan is currently
pending final approval. Additionally, the BLM recently completed the
mandated studies of livestock impacts within the Monument and released
them to the public. The findings of these studies are currently being
evaluated by the BLM, along with other available data, to determine
whether grazing is occurring consistent with the Presidential
Proclamation establishing the Monument. Currently 11 ranchers hold
grazing leases within the Monument that authorize use of 2,714 active
animal unit months (AUMs).

**[S. 2379]{.underline}**

S. 2379, the Cascade-Siskiyou National Monument Voluntary and Equitable
Grazing Conflict Resolution Act, provides for: a Federal buyout of
grazing preferences within the Monument; a land exchange within the
Monument between the BLM and a private landowner; and, the designation
of approximately 23,000 acres of land within the Monument as wilderness.
The bill as introduced references maps without dates. It is our
understanding that it is the sponsor's intention to reference a map
created by the BLM at the request of his office. This testimony is based
on that map dated December 12, 2006.

Section 4 of S. 2379 establishes a program to buy out grazing lessees
within the Monument, requiring the Secretary (subject to the
availability of funds) to offer payment of \$300 an AUM to ranchers with
authorized grazing within the Monument. If an individual rancher accepts
the payment, the Secretary then must terminate the grazing lease and
permanently end grazing in the allotment or portion of the grazing
allotment. Donation of grazing leases, and subsequent mandatory grazing
closures, are also contained in the bill. In addition, the BLM is
obligated under the bill to construct and maintain fencing to exclude
livestock from grazing allotments where the BLM may no longer lease
grazing use. Finally, three grazing allotments that have been vacant for
over a decade are permanently retired from grazing by the legislation.

[]{.mark}

The BLM is opposed to Federal government buyouts of grazing permits and
the permanent retirement of those permits. However, the BLM also
recognizes the value of working cooperatively and collaboratively with
local stakeholders to fulfill its multiple use mission on BLM lands. The
BLM is committed to working with the committee, the sponsors, and
stakeholders in the spirit of cooperative conservation within our
existing authority.

In addition, we are opposed to language obligating the Federal
government to both construction and maintenance of fencing. Typically,
fencing decisions are made cooperatively by the BLM and the permittee,
and the BLM encourages cooperative cost sharing. The BLM's range
improvement policy requires that the BLM assign maintenance of
structural range improvements, such as fences, to the permittee who is
obligated to maintain them. This legislation represents a serious
divergence from two decades of land management practices.

Section 5 of the bill provides for a land exchange between the BLM and
the Box R Ranch. We believe that the public interest would be served by
this exchange; however, we recommend that the bill be amended to ensure
that the exchange is consistent with section 206 of the Federal Land
Policy Management Act regarding government land exchanges, including
appraisals and equal value exchange. Appraisals should follow nationally
recognized appraisal standards, such as the Uniform Appraisal Standards
for Federal Land Acquisitions and the Uniform Standards of Professional
Appraisal Practice. The owner of Box R Ranch is obligated under Section
5 to donate his grazing lease to the Federal government. It is unclear
if the intent is to value the grazing lease as part of the exchange. As
noted above, we believe the exchange should independently stand on its
own.

The BLM-managed land proposed for exchange is an isolated parcel of land
surrounded by the Box R Ranch. The private land proposed for exchange to
the Federal government is important habitat for Jenny Creek suckers and
redband trout (both sensitive fish species), and its acquisition is
consistent with the goals of the Monument. We should note that both
parcels are within the Monument boundary.

Section 6 of S. 2379, designates approximately 23,000 acres of
BLM-managed land within the Monument as the Soda Mountain Wilderness
(this includes the present Soda Mountain Wilderness Study Area (WSA)).
The proposed Soda Mountain Wilderness hosts an unusually high variety of
species in a geographically small area due to several complex biological
and geological factors and processes operating simultaneously. Ranging
from 2,300 feet to 6,000 feet, the proposed wilderness area is a jewel
of biological variety and encompasses some of the most diverse
vegetation in the Cascade-Siskiyou National Monument. Plant communities
include open grassy slopes and meadows, hardwood and shrub woodlands, as
well as dense mixed conifer and white fir forests. The Oregon Gulch
Research Natural Area, with its mixed conifer Douglas-fir and Ponderosa
forest with large Sugar Pine and incense cedar, and Scotch Creek
Research Natural Area, with steep-sided drainages and waterfalls, are
within the proposed wilderness. Along with one of the highest
diversities of butterfly species in the United States (as many as 112
different species have been identified within the Monument), the area is
also home to an extensive population of small and large mammals
(including black-tailed deer, elk, bear, mountain lions and bobcats), as
well as widespread fish species in the many creeks. The area provides
critical habitat for several sensitive, rare, threatened, and/or
endangered species such as peregrine falcons, northern spotted owls,
Greene's mariposa lily, Gentner's frittilary, Bellinger's meadow foam,
redband trout, and the Mardon skipper butterfly.

Congress has the sole authority to designate lands to be managed
permanently as wilderness. We believe these areas are manageable as
wilderness, and we support the designation. There are some technical
issues related to section 6 that we would like the opportunity to
clarify. In particular, we would like the opportunity to work with the
sponsor and the Committee on possible minor boundary adjustments to
ensure efficient manageability and avoid conflicts.

Section 8 of the bill authorizes appropriations for compensation for
grazing buyouts, fencing and other costs to exclude cattle from
allotments that are retired. We oppose this section, and note that the
amounts authorized appear insufficient to complete the work anticipated
by the bill and that the BLM does not have alternative sources of
funding. In addition, the authorized amounts are not included in the
FY2009 President's Budget request and are not available within current
Congressional appropriations.

In addition to the specific issues we have raised, there are a number of
minor or technical modifications (including mapping issues) that we
would like to discuss with the sponsor, as well as the Committee, before
this legislation moves forward.

Thank you for the opportunity to testify. I will be happy to answer any
questions.