II 

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. 

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’’. 

6 SEC. 2. FINDINGS; PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the Oregon Caves National Monument— 


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1 (A) is comprised of a rectangular area of 

2 approximately 480 acres located in the Siskiyou 

3 Mountains of southern Oregon; and 

4 (B) was established by Presidential Procla5 mation Number 876 (36 Stat. 2497), dated 

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

7 determined to have unusual scientific interest 

8 and importance; 

9 (2) on June 10, 1933, in accordance with Exec10 utive Order 6166 (5 U.S.C. 901 note), the adminis11 tration of the Monument was transferred from the 

12 Secretary of Agriculture to the Secretary of the In13 terior; and 

14 (3) the 1999 general management plan for the 

15 Monument contains a recommendation for adding 

16 surrounding land to the Monument— 

17 (A) to provide better protection for— 

18 (i) cave ecology; 

19 (ii) surface and subsurface hydrology; 

20 (iii) public water supplies; and 

21 (iv) trails and views; 

22 (B) to establish a logical topographical 

23 boundary; and 

24 (C) to enhance public outdoor recreation 

25 opportunities. 


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1 (b) PURPOSE.—The purpose of this Act is to add sur2 rounding land to the Monument— 

3 (1) to enhance the protection of the resources 

4 associated with the Monument; and 

5 (2) to increase public recreation opportunities. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

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

9 allotment’’ means— 

10 (A) the Big Grayback Grazing Allotment 

11 located in the Rogue River-Siskiyou National 

12 Forest; and 

13 (B) the Billy Mountain Grazing Allotment 

14 located in a parcel of land that is— 

15 (i) managed by the Secretary (acting 

16 through the Director of the Bureau of 

17 Land Management); and 

18 (ii) located in close proximity to the 

19 land described in subparagraph (A). 

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

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

22 any document authorizing the use of a grazing allot23 ment for the purpose of grazing livestock for com24 mercial purposes. 


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

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

3 holds a valid existing grazing lease or permit for a 

4 grazing allotment. 

5 (4) MAP.—The term ‘‘map’’ means the map en6 titled ‘‘Oregon Caves National Monument, Proposed 

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

8 2008. 

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

10 means the Oregon Caves National Monument estab11 lished by Presidential Proclamation Number 876 (36 

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

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

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

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

16 depicted on the map as— 

17 (A) the ‘‘Existing Oregon Caves National 

18 Monument’’; and 

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

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

21 Preserve’’ means the National Preserve designated 

22 by section 4(d). 

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

24 the Secretary of the Interior. 


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1 (9) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture (acting 

4 through the Chief of the Forest Service), with 

5 respect to National Forest System land; and 

6 (B) the Secretary of the Interior, with re7 spect to land managed by the Bureau of Land 

8 Management (including land held for the ben9 efit of an Indian tribe). 

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

11 State of Oregon. 

12 SEC. 4. BOUNDARY ADJUSTMENT; LAND TRANSFER; DES13 IGNATION. 

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

15 National Park Service site is modified— 

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

17 land identified on the map as the ‘‘Proposed Addi18 tion Lands’’; and 

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

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

21 and 

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

23 Junction Unit’’. 

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

25 shall— 


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1 (1) transfer the land described in subsection 

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

3 (2) adjust the boundary of the Rogue River4 Siskiyou National Forest to exclude the land trans5 ferred under paragraph (1). 

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

7 and available for public inspection in the appropriate of8 fices of the National Park Service. 

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

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

11 SEC. 5. DESIGNATION OF MONUMENT. 

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

13 and designated as the ‘‘Oregon Caves National Monument 

14 and Preserve’’. 

15 (b) REFERENCES.—Any reference in a law, map, reg16 ulation, document, paper, or other record of the United 

17 States to the Monument shall be considered to be a ref18 erence to the ‘‘Oregon Caves National Monument and Pre19 serve’’. 

20 SEC. 6. WILD AND SCENIC RIVER DESIGNATIONS. 

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

22 U.S.C. 1274(a)) is amended by adding at the end the fol23 lowing: 

24 ‘‘(171) OREGON CAVES NATIONAL MONUMENT, 

25 OREGON.—The following segments in the State of 


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1 Oregon, to be administered by the Secretary of the 

2 Interior: 

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

4 of Cave Creek from the headwaters at the River 

5 Styx to the boundary of the Rogue River6 Siskiyou National Forest as a recreational river. 

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

8 of Lake Creek from the headwaters at Bigelow 

9 Lakes to the confluence with Cave Creek as a 

10 scenic river. 

11 ‘‘(C) NO NAME CREEK.—The 0.6-mile seg12 ment of No Name Creek from the headwaters 

13 to the confluence with Cave Creek as a wild 

14 river. 

15 ‘‘(D) PANTHER CREEK.—The 0.8-mile seg16 ment of Panther Creek from the headwaters to 

17 the confluence with Lake Creek as a scenic 

18 river. 

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

20 Styx from the source to the confluence with 

21 Cave Creek as a recreational river. 

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

23 of Upper Cave Creek from the headwaters to 

24 the confluence with River Styx as a recreational 

25 river.’’. 


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1 SEC. 7. ADMINISTRATION. 

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

3 Director of the National Park Service, shall administer the 

4 Monument and the National Preserve in accordance 

5 with— 

6 (1) this Act; 

7 (2) Presidential Proclamation Number 876 (36 

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

9 (3) any law (including regulations) generally 

10 applicable to units of the National Park System, in11 cluding the National Park Service Organic Act (16 

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

13 (b) ECOLOGICAL FOREST RESTORATION ACTIVI14 TIES.—As soon as practicable after the date of enactment 

15 of this Act, in accordance with subsection (a), the Sec16 retary shall carry out forest restoration activities within 

17 the boundaries of the Monument and the National Pre18 serve— 

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

20 components; 

21 (2) to restore the proper role of fire in the eco22 system; and 

23 (3) to ensure that forest attributes (including 

24 species composition and structure) remain intact and 

25 functioning within a historical range. 


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1 SEC. 8. VOLUNTARY GRAZING LEASE OR PERMIT DONA2 TION PROGRAM. 

3 (a) DONATION OF LEASE OR PERMIT.— 

4 (1) ACCEPTANCE BY SECRETARY CON5 CERNED.—The Secretary concerned shall accept any 

6 grazing lease or grazing permit that is donated by 

7 a lessee or permittee. 

8 (2) TERMINATION.—The Secretary concerned 

9 shall terminate any grazing lease or grazing permit 

10 acquired under paragraph (1). 

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

12 With respect to each grazing lease or grazing permit 

13 donated under paragraph (1), the Secretary con14 cerned shall— 

15 (A) not issue any new grazing lease or 

16 grazing permit within the grazing allotment 

17 covered by the grazing lease or grazing permit; 

18 and 

19 (B) ensure a permanent end to livestock 

20 grazing on the grazing allotment covered by the 

21 grazing lease or grazing permit. 

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

23 that donates a grazing lease or grazing permit (or a por24 tion of a grazing lease or grazing permit) under this sec25 tion shall be considered to have waived any claim to any 


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1 range improvement on the associated grazing allotment or 

2 portion of the associated grazing allotment, as applicable. 

3 (c) NATIONAL PRESERVE.—With respect to land lo4 cated within the National Preserve, the Secretary shall 

5 permit the grazing of domestic livestock— 

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

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

8 Act; and 

9 (2) in accordance with each applicable law (in10 cluding regulations). 

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

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

13 (b), the Secretary shall permit hunting, fishing, and trap14 ping on land and water within the National Preserve in 

15 accordance with each applicable law (including regula16 tions) of the Federal Government and the State. 

17 (b) ADMINISTRATIVE EXCEPTIONS.—In accordance 

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

19 which, and establish limited periods during which, no 

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

21 National Preserve due to concerns relating to— 

22 (1) public safety; 

23 (2) the administration of the National Preserve; 

24 or 


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1 (3) the compliance by the Secretary with any 

2 applicable law (including regulations). 

3 (c) CONSULTATION WITH APPROPRIATE STATE

4 AGENCY.—Except to respond to a situation that the Sec5 retary determines to be an emergency, the Secretary shall 

6 consult with the appropriate agency of the State before 

7 taking any act to close any area within the National Pre8 serve to hunting, fishing, or trapping. 

9 SEC. 10. EFFECT. 

10 Nothing in this Act affects the authority or responsi11 bility of the State to carry out any law or duty of the 

12 State relating to fish and wildlife on areas located within 

13 the National Preserve. 

14 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated such sums 

16 as are necessary to carry out this Act. 

Æ 


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