```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1270 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1270

 To modify the boundary of the Oregon Caves National Monument, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2009

Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To modify the boundary of the Oregon Caves National Monument, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Caves National Monument 
Boundary Adjustment Act of 2009''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Oregon Caves National Monument--
                    (A) is comprised of a rectangular area of 
                approximately 480 acres located in the Siskiyou 
                Mountains of southern Oregon; and
                    (B) was established by Presidential Proclamation 
                Number 876 (36 Stat. 2497), dated July 12, 1909, to 
                protect the caves, which were determined to have 
                unusual scientific interest and importance;
            (2) on June 10, 1933, in accordance with Executive Order 
        6166 (5 U.S.C. 901 note), the administration of the Monument 
        was transferred from the Secretary of Agriculture to the 
        Secretary of the Interior; and
            (3) the 1999 general management plan for the Monument 
        contains a recommendation for adding surrounding land to the 
        Monument--
                    (A) to provide better protection for--
                            (i) cave ecology;
                            (ii) surface and subsurface hydrology;
                            (iii) public water supplies; and
                            (iv) trails and views;
                    (B) to establish a logical topographical boundary; 
                and
                    (C) to enhance public outdoor recreation 
                opportunities.
    (b) 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) Grazing allotment.--The term ``grazing allotment'' 
        means--
                    (A) the Big Grayback Grazing Allotment located in 
                the Rogue River-Siskiyou National Forest; and
                    (B) the Billy Mountain Grazing Allotment located in 
                a parcel of land that is--
                            (i) managed by the Secretary (acting 
                        through the Director of the Bureau of Land 
                        Management); and
                            (ii) located in close proximity to the land 
                        described in subparagraph (A).
            (2) Grazing lease; grazing permit.--The terms ``grazing 
        lease'' and ``grazing permit'' mean any document authorizing 
        the use of a grazing allotment for the purpose of grazing 
        livestock for commercial purposes.
            (3) Lessee; permittee.--The terms ``lessee'' and 
        ``permittee'' mean a livestock operator that holds a valid 
        existing grazing lease or permit for a grazing allotment.
            (4) Map.--The term ``map'' means the map entitled ``Oregon 
        Caves National Monument, Proposed Boundary'' numbered 150/
        80,023, and dated June 2008.
            (5) Monument.--The term ``Monument'' means the Oregon Caves 
        National Monument established by Presidential Proclamation 
        Number 876 (36 Stat. 2497), dated July 12, 1909.
            (6) National park service site.--The term ``National Park 
        Service site'' means the aggregate parcel of land that is 
        comprised of 2 parcels of land depicted on the map as--
                    (A) the ``Existing Oregon Caves National 
                Monument''; and
                    (B) the ``Proposed Addition Lands''.
            (7) National preserve.--The term ``National Preserve'' 
        means the National Preserve designated by section 4(d).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) 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 
                (including land held for the benefit of an Indian 
                tribe).
            (10) State.--The term ``State'' means the State of Oregon.

SEC. 4. BOUNDARY ADJUSTMENT; LAND TRANSFER; DESIGNATION.

    (a) Boundary Adjustment.--The boundary of the National Park Service 
site is modified--
            (1) to include approximately 4,070 acres of land identified 
        on the map as the ``Proposed Addition Lands''; and
            (2) to exclude approximately 4 acres of land--
                    (A) located in the City of Cave Junction; and
                    (B) identified on the map as the ``Cave Junction 
                Unit''.
    (b) Land Transfer.--The Secretary of Agriculture shall--
            (1) transfer the land described in subsection (a)(1) to the 
        Secretary; and
            (2) adjust the boundary of the Rogue River-Siskiyou 
        National Forest to exclude the land transferred under paragraph 
        (1).
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    (d) Designation.--The land described in subsection (a)(1) is 
designated as a National Preserve.

SEC. 5. DESIGNATION OF MONUMENT.

    (a) In General.--The Monument shall be known and designated as the 
``Oregon Caves National Monument and Preserve''.
    (b) 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. 6. WILD AND SCENIC RIVER DESIGNATIONS.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following:
            ``(171) Oregon caves national monument, oregon.--The 
        following segments in the State of Oregon, to be administered 
        by the Secretary of the Interior:
                    ``(A) Cave creek.--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 as 
                a recreational river.
                    ``(B) Lake creek.--The 3.6-mile segment of Lake 
                Creek from the headwaters at Bigelow Lakes to the 
                confluence with Cave Creek as a scenic river.
                    ``(C) No name creek.--The 0.6-mile segment of No 
                Name Creek from the headwaters to the confluence with 
                Cave Creek as a wild river.
                    ``(D) Panther creek.--The 0.8-mile segment of 
                Panther Creek from the headwaters to the confluence 
                with Lake Creek as a scenic river.
                    ``(E) River styx.--The segment of River Styx from 
                the source to the confluence with Cave Creek as a 
                recreational river.
                    ``(F) Upper cave creek.--The segment of Upper Cave 
                Creek from the headwaters to the confluence with River 
                Styx as a recreational river.''.

SEC. 7. ADMINISTRATION.

    (a) In General.--The Secretary, acting through the Director of the 
National Park Service, shall administer the Monument and the National 
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) Ecological Forest Restoration Activities.--As soon as 
practicable after the date of enactment of this Act, in accordance with 
subsection (a), the Secretary shall carry out forest restoration 
activities within the boundaries of the Monument and the National 
Preserve--
            (1) to reduce the risk of losing key ecosystem components;
            (2) to restore the proper role of fire in the ecosystem; 
        and
            (3) to ensure that forest attributes (including species 
        composition and structure) remain intact and functioning within 
        a historical range.

SEC. 8. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM.

    (a) Donation of Lease or Permit.--
            (1) Acceptance by secretary concerned.--The Secretary 
        concerned shall accept any grazing lease or grazing permit that 
        is donated by a lessee or permittee.
            (2) Termination.--The Secretary concerned shall terminate 
        any grazing lease or grazing permit acquired under paragraph 
        (1).
            (3) No new grazing lease or permit.--With respect to each 
        grazing lease or grazing permit donated under paragraph (1), 
        the Secretary concerned shall--
                    (A) not issue any new grazing lease or grazing 
                permit within the grazing allotment covered by the 
                grazing lease or grazing permit; and
                    (B) ensure a permanent end to livestock grazing on 
                the grazing allotment covered by the grazing lease or 
                grazing permit.
    (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.
    (c) National Preserve.--With respect to land located within the 
National Preserve, the Secretary shall permit the grazing of domestic 
livestock--
            (1) at a level not greater than the level at which the 
        grazing exists as of the date of enactment of this Act; and
            (2) in accordance with each applicable law (including 
        regulations).

SEC. 9. 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 at 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. 10. 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. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>
```