89–006 

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. 


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(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 RiverSiskiyou National Forest; and 


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(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: 

‘‘(ll) 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: 

‘‘(ll) 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: 

‘‘(ll) 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.’’. 


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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: 


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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: 


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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. 


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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. 


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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. 


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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 payas-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-AsYou-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. 


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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) * * * 

* * * * * * * 

(ll) 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) * * * 

* * * * * * * 

(ll) 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) * * * 

* * * * * * * 

(ll) OREGON CAVES NATIONAL MONUMENT AND PRESERVE, 

OREGON.—Not later than 3 years after funds are made availVerDate Mar 15 2010 02:36 Jun 02, 2010 Jkt 089006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR500.XXX HR500

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able 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. 

* * * * * * * 


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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. 


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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 


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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 


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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. 

Æ 


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