I 

112TH CONGRESS 

1ST SESSION H. R. 1414 

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

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 7, 2011 

Mr. DEFAZIO (for himself, Mr. BLUMENAUER, Mr. WU, and Mr. SCHRADER) 

introduced the following bill; which was referred to the Committee on 

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 Revital5 ization Act of 2011’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to add surrounding land 

8 to the Monument— 

9 (1) to enhance the protection of the resources 

10 associated with the Monument; and 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 1414 IH

1 (2) to increase public recreation opportunities. 

2 SEC. 3. DEFINITIONS. 

3 In this Act: 

4 (1) MAP.—The term ‘‘map’’ means the map ti5 tled ‘‘Oregon Caves National Monument and Pre6 serve’’ numbered 150/80,023, and dated May 2010. 

7 (2) MONUMENT.—The term ‘‘Monument’’ 

8 means the Oregon Caves National Monument estab9 lished by Presidential Proclamation Number 876 (36 

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

11 (3) NATIONAL PRESERVE.—The term ‘‘National 

12 Preserve’’ means the National Preserve designated 

13 by section 4(a). 

14 (4) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (5) SECRETARY CONCERNED.—The term ‘‘Sec17 retary concerned’’ means— 

18 (A) the Secretary of Agriculture (acting 

19 through the Chief of the Forest Service), with 

20 respect to National Forest System land; and 

21 (B) the Secretary of the Interior, with re22 spect to land managed by the Bureau of Land 

23 Management. 

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

25 of Oregon. 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 1414 IH

1 SEC. 4. DESIGNATION; LAND TRANSFER; BOUNDARY AD2 JUSTMENT. 

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

4 and designated as the ‘‘Oregon Caves National Monument 

5 and Preserve’’. The land identified on the map as ‘‘Pro6 posed Addition Lands’’ shall be designated as a National 

7 Preserve. 

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

9 shall— 

10 (1) transfer approximately 4,070 acres of land 

11 identified on the map as the ‘‘Proposed Addition 

12 Lands’’ to the Secretary to be administered as part 

13 of the Oregon Caves National Monument and Pre14 serve; and 

15 (2) adjust the boundary of the Rogue River16 Siskiyou National Forest to exclude the land trans17 ferred under paragraph (1). 

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

19 National Monument is modified to exclude approximately 

20 4 acres of land— 

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

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

23 Unit’’, as depicted on the map. 

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

25 and available for public inspection in the appropriate of26 fices of the National Park Service. 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 1414 IH

1 (e) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the Monument shall be considered to be a ref4 erence to the ‘‘Oregon Caves National Monument and Pre5 serve’’. 

6 SEC. 5. ADMINISTRATION. 

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

8 Director of the National Park Service, shall administer the 

9 National Monument and Preserve in accordance with— 

10 (1) this Act; 

11 (2) Presidential Proclamation Number 876 (36 

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

13 (3) any law (including regulations) generally 

14 applicable to units of the National Park System, in15 cluding the National Park Service Organic Act (16 

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

17 (b) FIRE MANAGEMENT.—As soon as practicable 

18 after the date of enactment of this Act, in accordance with 

19 subsection (a), the Secretary shall revise the fire manage20 ment plan for the Monument to include the National Pre21 serve and, in accordance with the revised plan, carry out 

22 hazardous fuel management activities within the bound23 aries of the National Monument and Preserve. 

24 (c) EXISTING FOREST SERVICE CONTRACTS.—The 

25 Secretary shall allow for the completion of existing Forest 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 1414 IH

1 Service stewardship and service contracts executed as of 

2 the date of enactment of this Act and shall recognize the 

3 authority of the Secretary of Agriculture for the purpose 

4 of administering the existing Forest Service contracts 

5 through their completion. All terms and conditions of ex6 isting Forest Service contracts shall remain in place for 

7 the duration of those contracts. Any such liability existing 

8 at the time of enactment of this Act shall be that of the 

9 Forest Service. 

10 (d) GRAZING.—The Secretary may allow the grazing 

11 of livestock within the preserve to continue where author12 ized under permits or leases in existence as of the date 

13 of enactment of this Act. Grazing shall be at no more than 

14 the current level, as measured in Animal Unit Months, 

15 and subject to applicable laws and National Park Service 

16 regulations. 

17 SEC. 6. VOLUNTARY GRAZING LEASE OR PERMIT DONA18 TION PROGRAM. 

19 (a) DONATION OF LEASE OR PERMIT.— 

20 (1) ACCEPTANCE BY SECRETARY CON21 CERNED.—The Secretary concerned shall accept the 

22 donation of a grazing lease or permit from a leasee 

23 or permittee for— 


jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 1414 IH

1 (A) the Big Grayback Grazing Allotment 

2 located in the Rogue River-Siskiyou National 

3 Forest; and 

4 (B) the Billy Mountain Grazing Allotment 

5 located on a parcel of land that is managed by 

6 the Secretary (acting through the Director of 

7 the Bureau of Land Management). 

8 (2) TERMINATION.—With respect to each per9 mit or lease donated under subparagraph (a), the 

10 Secretary shall— 

11 (A) terminate the grazing permit or lease; 

12 and 

13 (B) ensure a permanent end to grazing on 

14 the land covered by the permit or lease. 

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

16 that donates a grazing lease or grazing permit (or a por17 tion of a grazing lease or grazing permit) under this sec18 tion shall be considered to have waived any claim to any 

19 range improvement on the associated grazing allotment or 

20 portion of the associated grazing allotment, as applicable. 

21 SEC. 7. HUNTING, FISHING, AND TRAPPING. 

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

23 (b), the Secretary shall permit hunting, fishing, and trap24 ping on land and water within the National Preserve in 


jbell on DSKDVH8Z91PROD with BILLS
7 

•HR 1414 IH

1 accordance with each applicable law (including regula2 tions) of the Federal Government and the State. 

3 (b) ADMINISTRATIVE EXCEPTIONS.—In accordance 

4 with subsection (c), the Secretary may designate areas in 

5 which, and establish limited periods during which, no 

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

7 National Preserve due to concerns relating to— 

8 (1) public safety; 

9 (2) the administration of the National Preserve; 

10 or 

11 (3) the compliance by the Secretary with any 

12 applicable law (including regulations). 

13 (c) CONSULTATION WITH APPROPRIATE STATE

14 AGENCY.—Except to respond to a situation that the Sec15 retary determines to be an emergency, the Secretary shall 

16 consult with the appropriate agency of the State before 

17 taking any act to close any area within the National Pre18 serve to hunting, fishing, or trapping. 

19 SEC. 8. EFFECT. 

20 Nothing in this Act affects the authority or responsi21 bility of the State to carry out any law or duty of the 

22 State relating to fish and wildlife on areas located within 

23 the National Preserve. 


jbell on DSKDVH8Z91PROD with BILLS
8 

•HR 1414 IH

1 SEC. 9. WILD AND SCENIC RIVER DESIGNATION, RIVER 

2 STYX, OREGON. 

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

4 U.S.C. 1274(a)) is amended by inserting the following 

5 paragraph: 

6 ‘‘(ll) RIVER STYX, OREGON.—The subterra7 nean segment of Cave Creek, known as the River 

8 Styx, to be administered by the Secretary of the In9 terior as a scenic river.’’. 

10 SEC. 10. WILD AND SCENIC RIVER DESIGNATION FOR 

11 STUDY. 

12 Section 5(a) of the Wild and Scenic Rivers Act (16 

13 U.S.C. 1276(a)) is amended by adding at the end the fol14 lowing: 

15 ‘‘(ll) OREGON CAVES NATIONAL MONUMENT

16 AND PRESERVE, OREGON.— 

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

18 mile segment of Cave Creek from the head19 waters at the River Styx to the boundary of the 

20 Rogue River Siskiyou National Forest. 

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

22 mile segment of Lake Creek from the head23 waters at Bigelow Lakes to the confluence with 

24 Cave Creek. 


jbell on DSKDVH8Z91PROD with BILLS
9 

•HR 1414 IH

1 ‘‘(C) NO NAME CREEK, OREGON.—The 

2 0.6-mile segment of No Name Creek from the 

3 headwaters 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 

8 of Upper Cave Creek from the headwaters to 

9 the confluence with River Styx.’’. 

10 SEC. 11. STUDY AND REPORT. 

11 Section 5(b) of the Wild and Scenic Rivers Act (16 

12 U.S.C. 1276(b)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(ll) OREGON CAVES NATIONAL MONUMENT

15 AND PRESERVE, OREGON.—Not later than 3 years 

16 after funds are made available to carry out this 

17 paragraph, the Secretary shall complete the study of 

18 the Oregon Caves National Monument and Preserve 

19 segments designated for study in subsection (a), and 

20 shall submit to Congress a report containing the re21 sults of the study.’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS