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[Senate Report 113-29]
[From the U.S. Government Publishing Office]

                                                        Calendar No. 60
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-29
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                    OREGON CAVES REVITALIZATION ACT

                                _______
                                

                 April 22, 2013.--Ordered to be printed

                                _______
                                

    Mr. Wyden, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 354]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 354) 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. 354 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. 354 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. 354 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. 354 was introduced by Senators Wyden and Merkley on 
February 14, 2013. At its business meeting on March 14, 2013, 
the Committee ordered S. 23 favorably reported.
    Similar legislation, S. 765, was also introduced by 
Senators Wyden and Merkley in the 112th Congress on February 
17, 2011. 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 (S. Rpt. 112-114).
    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 (S. Hrg. 111-129), 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 March 14, 2013, by majority voice vote of a 
quorum present recommends that the Senate pass S. 354.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``Oregon Caves 
National Monument Boundary Adjustment Act of 2013.''
    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. 354--Oregon Caves Revitalization Act of 2013

    Summary: S. 354 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 and 
assuming the availability of appropriated funds, CBO estimates 
that implementing the legislation would cost about $1 million. 
Enacting S. 354 would increase direct spending by reducing 
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. 354 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. 354 would cost $1 million over the 2014-
2018 period, subject to the availability of appropriated funds. 
In addition, enacting the legislation would probably result in 
a small loss of offsetting receipts from grazing fees.
    Basis of estimate: S. 354 would authorize the Forest 
Service to transfer 4,070 acres of land 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 2014-2018 period. CBO estimates that NPS 
would spend about $350,000 to develop a management plan for the 
River Styx and about $350,000 to study the designation of 
additional rivers in the state as scenic rivers.
    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 enacting the 
bill would have a minimal impact on offsetting receipts from 
grazing fees over the 2014-2023 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. 354 would reduce offsetting receipts (from grazing 
fees), thus increasing direct spending. However, CBO estimates 
that any impacts would be negligible.
    Intergovernmental and private-sector impact: S. 354 
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: Martin von Gnechten; 
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. 354.
    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. 354, as ordered reported.

                   Congressionally Directed Spending

    S. 354, 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

    Executive Communications were not requested by the Senate 
Committee on Energy and Natural Resources in the 113th 
Congress. The following Administration testimony references 
identical legislation introduced in the 112th Congress.
    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, 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.

                        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. 354 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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