II 

Calendar No. 526 

111TH CONGRESS 

2D SESSION S. 1270 

[Report No. 111–256] 

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 

AUGUST 5, 2010 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To modify the boundary of the Oregon Caves National 

Monument, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Oregon Caves National 

5 Monument Boundary Adjustment Act of 2009’’. 


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1 SEC. 2. FINDINGS; PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the Oregon Caves National Monument— 

4 (A) is comprised of a rectangular area of 

5 approximately 480 acres located in the Siskiyou 

6 Mountains of southern Oregon; and 

7 (B) was established by Presidential Procla8 mation Number 876 (36 Stat. 2497), dated 

9 July 12, 1909, to protect the caves, which were 

10 determined to have unusual scientific interest 

11 and importance; 

12 (2) on June 10, 1933, in accordance with Exec13 utive Order 6166 (5 U.S.C. 901 note), the adminis14 tration of the Monument was transferred from the 

15 Secretary of Agriculture to the Secretary of the In16 terior; and 

17 (3) the 1999 general management plan for the 

18 Monument contains a recommendation for adding 

19 surrounding land to the Monument— 

20 (A) to provide better protection for— 

21 (i) cave ecology; 

22 (ii) surface and subsurface hydrology; 

23 (iii) public water supplies; and 

24 (iv) trails and views; 

25 (B) to establish a logical topographical 

26 boundary; and 


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1 (C) to enhance public outdoor recreation 

2 opportunities. 

3 (b) PURPOSE.—The purpose of this Act is to add sur4 rounding land to the Monument— 

5 (1) to enhance the protection of the resources 

6 associated with the Monument; and 

7 (2) to increase public recreation opportunities. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) GRAZING ALLOTMENT.—The term ‘‘grazing 

11 allotment’’ means— 

12 (A) the Big Grayback Grazing Allotment 

13 located in the Rogue River-Siskiyou National 

14 Forest; and 

15 (B) the Billy Mountain Grazing Allotment 

16 located in a parcel of land that is— 

17 (i) managed by the Secretary (acting 

18 through the Director of the Bureau of 

19 Land Management); and 

20 (ii) located in close proximity to the 

21 land described in subparagraph (A). 

22 (2) GRAZING LEASE; GRAZING PERMIT.—The 

23 terms ‘‘grazing lease’’ and ‘‘grazing permit’’ mean 

24 any document authorizing the use of a grazing allotVerDate Mar 15 2010 06:58 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1270.RS S1270

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1 ment for the purpose of grazing livestock for com2 mercial purposes. 

3 (3) LESSEE; PERMITTEE.—The terms ‘‘lessee’’ 

4 and ‘‘permittee’’ mean a livestock operator that 

5 holds a valid existing grazing lease or permit for a 

6 grazing allotment. 

7 (4) MAP.—The term ‘‘map’’ means the map en8 titled ‘‘Oregon Caves National Monument, Proposed 

9 Boundary’’ numbered 150/80,023, and dated June 

10 2008. 

11 (5) MONUMENT.—The term ‘‘Monument’’ 

12 means the Oregon Caves National Monument estab13 lished by Presidential Proclamation Number 876 (36 

14 Stat. 2497), dated July 12, 1909. 

15 (6) NATIONAL PARK SERVICE SITE.—The term 

16 ‘‘National Park Service site’’ means the aggregate 

17 parcel of land that is comprised of 2 parcels of land 

18 depicted on the map as— 

19 (A) the ‘‘Existing Oregon Caves National 

20 Monument’’; and 

21 (B) the ‘‘Proposed Addition Lands’’. 

22 (7) NATIONAL PRESERVE.—The term ‘‘National 

23 Preserve’’ means the National Preserve designated 

24 by section 4(d). 


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1 (8) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (9) SECRETARY CONCERNED.—The term ‘‘Sec4 retary concerned’’ means— 

5 (A) the Secretary of Agriculture (acting 

6 through the Chief of the Forest Service), with 

7 respect to National Forest System land; and 

8 (B) the Secretary of the Interior, with re9 spect to land managed by the Bureau of Land 

10 Management (including land held for the ben11 efit of an Indian tribe). 

12 (10) STATE.—The term ‘‘State’’ means the 

13 State of Oregon. 

14 SEC. 4. BOUNDARY ADJUSTMENT; LAND TRANSFER; DES15 IGNATION. 

16 (a) BOUNDARY ADJUSTMENT.—The boundary of the 

17 National Park Service site is modified— 

18 (1) to include approximately 4,070 acres of 

19 land identified on the map as the ‘‘Proposed Addi20 tion Lands’’; and 

21 (2) to exclude approximately 4 acres of land— 

22 (A) located in the City of Cave Junction; 

23 and 

24 (B) identified on the map as the ‘‘Cave 

25 Junction Unit’’. 


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1 (b) LAND TRANSFER.—The Secretary of Agriculture 

2 shall— 

3 (1) transfer the land described in subsection 

4 (a)(1) to the Secretary; and 

5 (2) adjust the boundary of the Rogue River6 Siskiyou National Forest to exclude the land trans7 ferred under paragraph (1). 

8 (c) AVAILABILITY OF MAP.—The map shall be on file 

9 and available for public inspection in the appropriate of10 fices of the National Park Service. 

11 (d) DESIGNATION.—The land described in subsection 

12 (a)(1) is designated as a National Preserve. 

13 SEC. 5. DESIGNATION OF MONUMENT. 

14 (a) IN GENERAL.—The Monument shall be known 

15 and designated as the ‘‘Oregon Caves National Monument 

16 and Preserve’’. 

17 (b) REFERENCES.—Any reference in a law, map, reg18 ulation, document, paper, or other record of the United 

19 States to the Monument shall be considered to be a ref20 erence to the ‘‘Oregon Caves National Monument and Pre21 serve’’. 

22 SEC. 6. WILD AND SCENIC RIVER DESIGNATIONS. 

23 Section 3(a) of the Wild and Scenic Rivers Act (16 

24 U.S.C. 1274(a)) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(171) OREGON CAVES NATIONAL MONUMENT, 

2 OREGON.—The following segments in the State of 

3 Oregon, to be administered by the Secretary of the 

4 Interior: 

5 ‘‘(A) CAVE CREEK.—The 2.6-mile segment 

6 of Cave Creek from the headwaters at the River 

7 Styx to the boundary of the Rogue River8 Siskiyou National Forest as a recreational river. 

9 ‘‘(B) LAKE CREEK.—The 3.6-mile segment 

10 of Lake Creek from the headwaters at Bigelow 

11 Lakes to the confluence with Cave Creek as a 

12 scenic river. 

13 ‘‘(C) NO NAME CREEK.—The 0.6-mile seg14 ment of No Name Creek from the headwaters 

15 to the confluence with Cave Creek as a wild 

16 river. 

17 ‘‘(D) PANTHER CREEK.—The 0.8-mile seg18 ment of Panther Creek from the headwaters to 

19 the confluence with Lake Creek as a scenic 

20 river. 

21 ‘‘(E) RIVER STYX.—The segment of River 

22 Styx from the source to the confluence with 

23 Cave Creek as a recreational river. 

24 ‘‘(F) UPPER CAVE CREEK.—The segment 

25 of Upper Cave Creek from the headwaters to 


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1 the confluence with River Styx as a recreational 

2 river.’’. 

3 SEC. 7. ADMINISTRATION. 

4 (a) IN GENERAL.—The Secretary, acting through the 

5 Director of the National Park Service, shall administer the 

6 Monument and the National Preserve in accordance 

7 with— 

8 (1) this Act; 

9 (2) Presidential Proclamation Number 876 (36 

10 Stat. 2497), dated July 12, 1909; and 

11 (3) any law (including regulations) generally 

12 applicable to units of the National Park System, in13 cluding the National Park Service Organic Act (16 

14 U.S.C. 1 et seq.). 

15 (b) ECOLOGICAL FOREST RESTORATION ACTIVI16 TIES.—As soon as practicable after the date of enactment 

17 of this Act, in accordance with subsection (a), the Sec18 retary shall carry out forest restoration activities within 

19 the boundaries of the Monument and the National Pre20 serve— 

21 (1) to reduce the risk of losing key ecosystem 

22 components; 

23 (2) to restore the proper role of fire in the eco24 system; and 


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1 (3) to ensure that forest attributes (including 

2 species composition and structure) remain intact and 

3 functioning within a historical range. 

4 SEC. 8. VOLUNTARY GRAZING LEASE OR PERMIT DONA5 TION PROGRAM. 

6 (a) DONATION OF LEASE OR PERMIT.— 

7 (1) ACCEPTANCE BY SECRETARY CON8 CERNED.—The Secretary concerned shall accept any 

9 grazing lease or grazing permit that is donated by 

10 a lessee or permittee. 

11 (2) TERMINATION.—The Secretary concerned 

12 shall terminate any grazing lease or grazing permit 

13 acquired under paragraph (1). 

14 (3) NO NEW GRAZING LEASE OR PERMIT.— 

15 With respect to each grazing lease or grazing permit 

16 donated under paragraph (1), the Secretary con17 cerned shall— 

18 (A) not issue any new grazing lease or 

19 grazing permit within the grazing allotment 

20 covered by the grazing lease or grazing permit; 

21 and 

22 (B) ensure a permanent end to livestock 

23 grazing on the grazing allotment covered by the 

24 grazing lease or grazing permit. 


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1 (b) EFFECT OF DONATION.—A lessee or permittee 

2 that donates a grazing lease or grazing permit (or a por3 tion of a grazing lease or grazing permit) under this sec4 tion shall be considered to have waived any claim to any 

5 range improvement on the associated grazing allotment or 

6 portion of the associated grazing allotment, as applicable. 

7 (c) NATIONAL PRESERVE.—With respect to land lo8 cated within the National Preserve, the Secretary shall 

9 permit the grazing of domestic livestock— 

10 (1) at a level not greater than the level at which 

11 the grazing exists as of the date of enactment of this 

12 Act; and 

13 (2) in accordance with each applicable law (in14 cluding regulations). 

15 SEC. 9. HUNTING, FISHING, AND TRAPPING. 

16 (a) IN GENERAL.—Except as provided in subsection 

17 (b), the Secretary shall permit hunting, fishing, and trap18 ping on land and water within the National Preserve in 

19 accordance with each applicable law (including regula20 tions) of the Federal Government and the State. 

21 (b) ADMINISTRATIVE EXCEPTIONS.—In accordance 

22 with subsection (c), the Secretary may designate areas at 

23 which, and establish limited periods during which, no 

24 hunting, fishing, or trapping may be permitted within the 

25 National Preserve due to concerns relating to— 


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1 (1) public safety; 

2 (2) the administration of the National Preserve; 

3 or 

4 (3) the compliance by the Secretary with any 

5 applicable law (including regulations). 

6 (c) CONSULTATION WITH APPROPRIATE STATE

7 AGENCY.—Except to respond to a situation that the Sec8 retary determines to be an emergency, the Secretary shall 

9 consult with the appropriate agency of the State before 

10 taking any act to close any area within the National Pre11 serve to hunting, fishing, or trapping. 

12 SEC. 10. EFFECT. 

13 Nothing in this Act affects the authority or responsi14 bility of the State to carry out any law or duty of the 

15 State relating to fish and wildlife on areas located within 

16 the National Preserve. 

17 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this Act. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Oregon Caves National 

22 Monument Boundary Adjustment Act of 2010’’. 

23 SEC. 2. DEFINITIONS. 

24 In this Act: 


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1 (1) MAP.—The term ‘‘map’’ means the map enti2 tled ‘‘Oregon Caves National Monument and Pre3 serve’’, numbered 150/80,023, and dated May 2010. 

4 (2) MONUMENT.—The term ‘‘Monument’’ means 

5 the Oregon Caves National Monument established by 

6 Presidential Proclamation Number 876 (36 Stat. 

7 2497), dated July 12, 1909. 

8 (3) NATIONAL MONUMENT AND PRESERVE.—The 

9 term ‘‘National Monument and Preserve’’ means the 

10 Oregon Caves National Monument and Preserve des11 ignated by section 3(a)(1). 

12 (4) NATIONAL PRESERVE.—The term ‘‘National 

13 Preserve’’ means the National Preserve designated by 

14 section 3(a)(2). 

15 (5) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

17 (6) SECRETARY CONCERNED.—The term ‘‘Sec18 retary concerned’’ means— 

19 (A) the Secretary of Agriculture (acting 

20 through the Chief of the Forest Service), with re21 spect to National Forest System land; and 

22 (B) the Secretary of the Interior, with re23 spect to land managed by the Bureau of Land 

24 Management. 


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1 (7) STATE.—The term ‘‘State’’ means the State 

2 of Oregon. 

3 SEC. 3. DESIGNATIONS; LAND TRANSFER; BOUNDARY AD4 JUSTMENT. 

5 (a) DESIGNATIONS.— 

6 (1) IN GENERAL.—The Monument and the Na7 tional Preserve shall be administered as a single unit 

8 of the National Park System and collectively known 

9 and designated as the ‘‘Oregon Caves National Monu10 ment and Preserve’’. 

11 (2) NATIONAL PRESERVE.—The approximately 

12 4,070 acres of land identified on the map as ‘‘Pro13 posed Addition Lands’’ shall be designated as a Na14 tional Preserve. 

15 (b) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

16 (1) IN GENERAL.—Administrative jurisdiction 

17 over the land designated as a National Preserve under 

18 subsection (a)(2) is transferred from the Secretary of 

19 Agriculture to the Secretary, to be administered as 

20 part of the National Monument and Preserve. 

21 (2) EXCLUSION OF LAND.—The boundaries of the 

22 Rogue River-Siskiyou National Forest are adjusted to 

23 exclude the land transferred under paragraph (1). 


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1 (c) BOUNDARY ADJUSTMENT.—The boundary of the 

2 National Monument and Preserve is modified to exclude ap3 proximately 4 acres of land— 

4 (1) located in the City of Cave Junction; and 

5 (2) identified on the map as the ‘‘Cave Junction 

6 Unit’’. 

7 (d) AVAILABILITY OF MAP.—The map shall be on file 

8 and available for public inspection in the appropriate of9 fices of the National Park Service. 

10 (e) REFERENCES.—Any reference in a law, map, regu11 lation, document, paper, or other record of the United 

12 States to the Monument shall be considered to be a reference 

13 to the ‘‘Oregon Caves National Monument and Preserve’’. 

14 SEC. 4. ADMINISTRATION. 

15 (a) IN GENERAL.—The Secretary shall administer the 

16 National Monument and Preserve in accordance with— 

17 (1) this Act; 

18 (2) Presidential Proclamation Number 876 (36 

19 Stat. 2497), dated July 12, 1909 ; and 

20 (3) any law (including regulations) generally 

21 applicable to units of the National Park System, in22 cluding the National Park Service Organic Act (16 

23 U.S.C. 1 et seq.). 


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1 (b) FIRE MANAGEMENT.—As soon as practicable after 

2 the date of enactment of this Act, in accordance with sub3 section (a), the Secretary shall— 

4 (1) revise the fire management plan for the 

5 Monument to include the land transferred under sec6 tion 3(b)(1); and 

7 (2) in accordance with the revised plan, carry 

8 out hazardous fuel management activities within the 

9 boundaries of the National Monument and Preserve. 

10 (c) EXISTING FOREST SERVICE CONTRACTS.— 

11 (1) IN GENERAL.—The Secretary shall— 

12 (A) allow for the completion of any Forest 

13 Service stewardship or service contract executed 

14 as of the date of enactment of this Act with re15 spect to the National Preserve; and 

16 (B) recognize the authority of the Secretary 

17 of Agriculture for the purpose of administering a 

18 contract described in subparagraph (A) through 

19 the completion of the contract. 

20 (2) TERMS AND CONDITIONS.—All terms and 

21 conditions of a contract described in paragraph 

22 (1)(A) shall remain in place for the duration of the 

23 contract. 


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1 (3) LIABILITY.—The Forest Service shall be re2 sponsible for any liabilities relating to a contract de3 scribed in paragraph (1)(A). 

4 (d) GRAZING.— 

5 (1) IN GENERAL.—Subject to paragraph (2), the 

6 Secretary may allow the grazing of livestock within 

7 the National Preserve to continue as authorized under 

8 permits or leases in existence as of the date of enact9 ment of this Act. 

10 (2) APPLICABLE LAW.—Grazing under para11 graph (1) shall be— 

12 (A) at a level not greater than the level at 

13 which the grazing exists as of the date of enact14 ment of this Act, as measured in Animal Unit 

15 Months; and 

16 (B) in accordance with each applicable law 

17 (including National Park Service regulations). 

18 (e) FISH AND WILDLIFE.—The Secretary shall permit 

19 hunting and fishing on land and waters within the Na20 tional Preserve in accordance with applicable Federal and 

21 State laws, except that the Secretary may, in consultation 

22 with the Oregon Department of Fish and Wildlife, designate 

23 zones in which, and establish periods during which, no 

24 hunting or fishing shall be permitted for reasons of public 


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1 safety, administration, or compliance by the Secretary with 

2 any applicable law (including regulations). 

3 SEC. 5. VOLUNTARY GRAZING LEASE OR PERMIT DONATION 

4 PROGRAM. 

5 (a) DONATION OF LEASE OR PERMIT.— 

6 (1) ACCEPTANCE BY SECRETARY CONCERNED.— 

7 The Secretary concerned shall accept a grazing lease 

8 or permit that is donated by a lessee or permittee 

9 for— 

10 (A) the Big Grayback Grazing Allotment lo11 cated in the Rogue River-Siskiyou National For12 est; and 

13 (B) the Billy Mountain Grazing Allotment 

14 located on a parcel of land that is managed by 

15 the Secretary (acting through the Director of the 

16 Bureau of Land Management). 

17 (2) TERMINATION.—With respect to each grazing 

18 permit or lease donated under paragraph (1), the Sec19 retary shall— 

20 (A) terminate the grazing permit or lease; 

21 and 

22 (B) ensure a permanent end to grazing on 

23 the land covered by the grazing permit or lease. 

24 (b) EFFECT OF DONATION.—A lessee or permittee that 

25 donates a grazing lease or grazing permit (or a portion of 


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1 a grazing lease or grazing permit) under this section shall 

2 be considered to have waived any claim to any range im3 provement on the associated grazing allotment or portion 

4 of the associated grazing allotment, as applicable. 

5 SEC. 6. WILD AND SCENIC RIVER DESIGNATIONS. 

6 (a) DESIGNATION.—Section 3(a) of the Wild and Sce7 nic Rivers Act (16 U.S.C. 1274(a)) is amended by adding 

8 at the end the following: 

9 ‘‘(208) RIVER STYX, OREGON.—The subterranean 

10 segment of Cave Creek, known as the River Styx, to 

11 be administered by the Secretary of the Interior as a 

12 scenic river.’’. 

13 (b) POTENTIAL ADDITIONS.— 

14 (1) IN GENERAL.—Section 5(a) of the Wild and 

15 Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by 

16 adding at the end the following: 

17 ‘‘(141) OREGON CAVES NATIONAL MONUMENT

18 AND PRESERVE, OREGON.— 

19 ‘‘(A) CAVE CREEK, OREGON.—The 2.6-mile 

20 segment of Cave Creek from the headwaters at 

21 the River Styx to the boundary of the Rogue 

22 River Siskiyou National Forest. 

23 ‘‘(B) LAKE CREEK, OREGON.—The 3.6-mile 

24 segment of Lake Creek from the headwaters at 

25 Bigelow Lakes to the confluence with Cave Creek. 


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1 ‘‘(C) NO NAME CREEK, OREGON.—The 0.6- 

2 mile segment of No Name Creek from the head3 waters to the confluence with Cave Creek. 

4 ‘‘(D) PANTHER CREEK.—The 0.8-mile seg5 ment of Panther Creek from the headwaters to 

6 the confluence with Lake Creek. 

7 ‘‘(E) UPPER CAVE CREEK.—The segment of 

8 Upper Cave Creek from the headwaters to the 

9 confluence with River Styx.’’. 

10 (2) STUDY; REPORT.—Section 5(b) of the Wild 

11 and Scenic Rivers Act (16 U.S.C. 1276(b)) is amend12 ed by adding at the end the following: 

13 ‘‘(20) OREGON CAVES NATIONAL MONUMENT AND

14 PRESERVE, OREGON.—Not later than 3 years after the 

15 date on which funds are made available to carry out 

16 this paragraph, the Secretary shall— 

17 ‘‘(A) complete the study of the Oregon Caves 

18 National Monument and Preserve segments de19 scribed in subsection (a)(141); and 

20 ‘‘(B) submit to Congress a report con21 taining the results of the study.’’. 


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Calendar No. 526 

111TH CONGRESS 

2D SESSION S. 1270 

[Report No. 111–256] 

A BILL 

National Monument, and for other purposes. 

To modify the boundary of the Oregon Caves 

AUGUST 5, 2010 

Reported with an amendment 


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