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

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDINGS; PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the Oregon Caves National Monument--</DELETED>
                <DELETED>    (A) is comprised of a rectangular area of 
                approximately 480 acres located in the Siskiyou 
                Mountains of southern Oregon; and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) the 1999 general management plan for the 
        Monument contains a recommendation for adding surrounding land 
        to the Monument--</DELETED>
                <DELETED>    (A) to provide better protection for--
                </DELETED>
                        <DELETED>    (i) cave ecology;</DELETED>
                        <DELETED>    (ii) surface and subsurface 
                        hydrology;</DELETED>
                        <DELETED>    (iii) public water supplies; 
                        and</DELETED>
                        <DELETED>    (iv) trails and views;</DELETED>
                <DELETED>    (B) to establish a logical topographical 
                boundary; and</DELETED>
                <DELETED>    (C) to enhance public outdoor recreation 
                opportunities.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to add 
surrounding land to the Monument--</DELETED>
        <DELETED>    (1) to enhance the protection of the resources 
        associated with the Monument; and</DELETED>
        <DELETED>    (2) to increase public recreation 
        opportunities.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Grazing allotment.--The term ``grazing 
        allotment'' means--</DELETED>
                <DELETED>    (A) the Big Grayback Grazing Allotment 
                located in the Rogue River-Siskiyou National Forest; 
                and</DELETED>
                <DELETED>    (B) the Billy Mountain Grazing Allotment 
                located in a parcel of land that is--</DELETED>
                        <DELETED>    (i) managed by the Secretary 
                        (acting through the Director of the Bureau of 
                        Land Management); and</DELETED>
                        <DELETED>    (ii) located in close proximity to 
                        the land described in subparagraph 
                        (A).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Map.--The term ``map'' means the map entitled 
        ``Oregon Caves National Monument, Proposed Boundary'' numbered 
        150/80,023, and dated June 2008.</DELETED>
        <DELETED>    (5) Monument.--The term ``Monument'' means the 
        Oregon Caves National Monument established by Presidential 
        Proclamation Number 876 (36 Stat. 2497), dated July 12, 
        1909.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the ``Existing Oregon Caves National 
                Monument''; and</DELETED>
                <DELETED>    (B) the ``Proposed Addition 
                Lands''.</DELETED>
        <DELETED>    (7) National preserve.--The term ``National 
        Preserve'' means the National Preserve designated by section 
        4(d).</DELETED>
        <DELETED>    (8) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (9) Secretary concerned.--The term ``Secretary 
        concerned'' means--</DELETED>
                <DELETED>    (A) the Secretary of Agriculture (acting 
                through the Chief of the Forest Service), with respect 
                to National Forest System land; and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (10) State.--The term ``State'' means the State of 
        Oregon.</DELETED>

<DELETED>SEC. 4. BOUNDARY ADJUSTMENT; LAND TRANSFER; 
              DESIGNATION.</DELETED>

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

<DELETED>SEC. 5. DESIGNATION OF MONUMENT.</DELETED>

<DELETED>    (a) In General.--The Monument shall be known and 
designated as the ``Oregon Caves National Monument and 
Preserve''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 6. WILD AND SCENIC RIVER DESIGNATIONS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(171) Oregon caves national monument, oregon.--
        The following segments in the State of Oregon, to be 
        administered by the Secretary of the Interior:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Panther creek.--The 0.8-mile segment 
                of Panther Creek from the headwaters to the confluence 
                with Lake Creek as a scenic river.</DELETED>
                <DELETED>    ``(E) River styx.--The segment of River 
                Styx from the source to the confluence with Cave Creek 
                as a recreational river.</DELETED>
                <DELETED>    ``(F) Upper cave creek.--The segment of 
                Upper Cave Creek from the headwaters to the confluence 
                with River Styx as a recreational river.''.</DELETED>

<DELETED>SEC. 7. ADMINISTRATION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) this Act;</DELETED>
        <DELETED>    (2) Presidential Proclamation Number 876 (36 Stat. 
        2497), dated July 12, 1909; and</DELETED>
        <DELETED>    (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.).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) to reduce the risk of losing key ecosystem 
        components;</DELETED>
        <DELETED>    (2) to restore the proper role of fire in the 
        ecosystem; and</DELETED>
        <DELETED>    (3) to ensure that forest attributes (including 
        species composition and structure) remain intact and 
        functioning within a historical range.</DELETED>

<DELETED>SEC. 8. VOLUNTARY GRAZING LEASE OR PERMIT DONATION 
              PROGRAM.</DELETED>

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

<DELETED>SEC. 9. HUNTING, FISHING, AND TRAPPING.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) public safety;</DELETED>
        <DELETED>    (2) the administration of the National Preserve; 
        or</DELETED>
        <DELETED>    (3) the compliance by the Secretary with any 
        applicable law (including regulations).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 10. EFFECT.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 11. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Caves National Monument 
Boundary Adjustment Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``map'' means the map entitled ``Oregon 
        Caves National Monument and Preserve'', numbered 150/80,023, 
        and dated May 2010.
            (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 monument and preserve.--The term ``National 
        Monument and Preserve'' means the Oregon Caves National 
        Monument and Preserve designated by section 3(a)(1).
            (4) National preserve.--The term ``National Preserve'' 
        means the National Preserve designated by section 3(a)(2).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) 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.
            (7) State.--The term ``State'' means the State of Oregon.

SEC. 3. DESIGNATIONS; LAND TRANSFER; BOUNDARY ADJUSTMENT.

    (a) Designations.--
            (1) In general.--The Monument and the National Preserve 
        shall be administered as a single unit of the National Park 
        System and collectively known and designated as the ``Oregon 
        Caves National Monument and Preserve''.
            (2) National preserve.--The approximately 4,070 acres of 
        land identified on the map as ``Proposed Addition Lands'' shall 
        be designated as a National Preserve.
    (b) Transfer of Administrative Jurisdiction.--
            (1) In general.--Administrative jurisdiction over the land 
        designated as a National Preserve under subsection (a)(2) is 
        transferred from the Secretary of Agriculture to the Secretary, 
        to be administered as part of the National Monument and 
        Preserve.
            (2) Exclusion of land.--The boundaries of the Rogue River-
        Siskiyou National Forest are adjusted to exclude the land 
        transferred under paragraph (1).
    (c) Boundary Adjustment.--The boundary of the National Monument and 
Preserve 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''.
    (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. 4. ADMINISTRATION.

    (a) In General.--The Secretary 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--
            (1) revise the fire management plan for the Monument to 
        include the land transferred under section 3(b)(1); and
            (2) 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.--
            (1) In general.--The Secretary shall--
                    (A) allow for the completion of any Forest Service 
                stewardship or service contract executed as of the date 
                of enactment of this Act with respect to the National 
                Preserve; and
                    (B) recognize the authority of the Secretary of 
                Agriculture for the purpose of administering a contract 
                described in subparagraph (A) through the completion of 
                the contract.
            (2) Terms and conditions.--All terms and conditions of a 
        contract described in paragraph (1)(A) shall remain in place 
        for the duration of the contract.
            (3) Liability.--The Forest Service shall be responsible for 
        any liabilities relating to a contract described in paragraph 
        (1)(A).
    (d) Grazing.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may allow the grazing of livestock within the National Preserve 
        to continue as authorized under permits or leases in existence 
        as of the date of enactment of this Act.
            (2) Applicable law.--Grazing under paragraph (1) shall be--
                    (A) at a level not greater than the level at which 
                the grazing exists as of the date of enactment of this 
                Act, as measured in Animal Unit Months; and
                    (B) in accordance with each applicable law 
                (including National Park Service regulations).
    (e) Fish and Wildlife.--The Secretary shall permit hunting and 
fishing on land and waters within the National Preserve in accordance 
with applicable Federal and State laws, except that the Secretary may, 
in consultation with the Oregon Department of Fish and Wildlife, 
designate zones in which, and establish periods during which, no 
hunting or fishing shall be permitted for reasons of public safety, 
administration, or compliance by the Secretary with any applicable law 
(including regulations).

SEC. 5. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM.

    (a) Donation of Lease or Permit.--
            (1) Acceptance by secretary concerned.--The Secretary 
        concerned shall accept a grazing lease or permit that is 
        donated by a lessee or permittee for--
                    (A) the Big Grayback Grazing Allotment located in 
                the Rogue River-Siskiyou National Forest; and
                    (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 grazing permit or 
        lease donated under paragraph (1), the Secretary shall--
                    (A) terminate the grazing permit or lease; and
                    (B) ensure a permanent end to grazing on the land 
                covered by the grazing 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. 6. WILD AND SCENIC RIVER DESIGNATIONS.

    (a) Designation.--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:
            ``(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.''.
    (b) Potential Additions.--
            (1) In general.--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:
            ``(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.''.
            (2) Study; 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:
            ``(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.''.
                                                       Calendar No. 526

111th CONGRESS

  2d Session

                                S. 1270

                          [Report No. 111-256]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             August 5, 2010

                       Reported with an amendment
```