II 

★(Star Print)

112TH CONGRESS 

1ST SESSION S. 765 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7 (legislative day, APRIL 5), 2011 

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 Revital5 ization Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) MAP.—The term ‘‘map’’ means the map en9 titled ‘‘Oregon Caves National Monument and Pre10 serve’’, numbered 150/80,023, and dated May 2010. 


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

2 means the Oregon Caves National Monument estab3 lished by Presidential Proclamation Number 876 (36 

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

5 (3) NATIONAL MONUMENT AND PRESERVE.— 

6 The term ‘‘National Monument and Preserve’’ 

7 means the Oregon Caves National Monument and 

8 Preserve designated by section 3(a)(1). 

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

10 Preserve’’ means the National Preserve designated 

11 by section 3(a)(2). 

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

13 the Secretary of the Interior. 

14 (6) SECRETARY CONCERNED.—The term ‘‘Sec15 retary concerned’’ means— 

16 (A) the Secretary of Agriculture (acting 

17 through the Chief of the Forest Service), with 

18 respect to National Forest System land; and 

19 (B) the Secretary of the Interior, with re20 spect to land managed by the Bureau of Land 

21 Management. 

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

23 of Oregon. 


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1 SEC. 3. DESIGNATIONS; LAND TRANSFER; BOUNDARY AD2 JUSTMENT. 

3 (a) DESIGNATIONS.— 

4 (1) IN GENERAL.—The Monument and the Na5 tional Preserve shall be administered as a single unit 

6 of the National Park System and collectively known 

7 and designated as the ‘‘Oregon Caves National 

8 Monument and Preserve’’. 

9 (2) NATIONAL PRESERVE.—The approximately 

10 4,070 acres of land identified on the map as ‘‘Pro11 posed Addition Lands’’ shall be designated as a Na12 tional Preserve. 

13 (b) TRANSFER OF ADMINISTRATIVE JURISDIC14 TION.— 

15 (1) IN GENERAL.—Administrative jurisdiction 

16 over the land designated as a National Preserve 

17 under subsection (a)(2) is transferred from the Sec18 retary of Agriculture to the Secretary, to be admin19 istered as part of the National Monument and Pre20 serve. 

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

22 the Rogue River-Siskiyou National Forest are ad23 justed to exclude the land transferred under para24 graph (1). 


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

2 National Monument and Preserve is modified to exclude 

3 approximately 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, reg11 ulation, document, paper, or other record of the United 

12 States to the Monument shall be considered to be a ref13 erence to the ‘‘Oregon Caves National Monument and Pre14 serve’’. 

15 SEC. 4. ADMINISTRATION. 

16 (a) IN GENERAL.—The Secretary shall administer 

17 the National Monument and Preserve in accordance 

18 with— 

19 (1) this Act; 

20 (2) Presidential Proclamation Number 876 (36 

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

22 (3) any law (including regulations) generally 

23 applicable to units of the National Park System, in24 cluding the National Park Service Organic Act (16 

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


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

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

3 subsection (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 Sec17 retary of Agriculture for the purpose of admin18 istering a contract described in subparagraph 

19 (A) through 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), 

6 the Secretary may allow the grazing of livestock 

7 within the National Preserve to continue as author8 ized under permits or leases in existence as of the 

9 date of enactment 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 per19 mit hunting and fishing on land and waters within the 

20 National Preserve in accordance with applicable Federal 

21 and State laws, except that the Secretary may, in con22 sultation with the Oregon Department of Fish and Wild23 life, designate zones in which, and establish periods during 

24 which, no hunting or fishing shall be permitted for reasons 


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1 of public safety, administration, or compliance by the Sec2 retary with any applicable law (including regulations). 

3 SEC. 5. VOLUNTARY GRAZING LEASE OR PERMIT DONA4 TION PROGRAM. 

5 (a) DONATION OF LEASE OR PERMIT.— 

6 (1) ACCEPTANCE BY SECRETARY CON7 CERNED.—The Secretary concerned shall accept a 

8 grazing lease or permit that is donated by a lessee 

9 or permittee for— 

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 on a parcel of land that is managed by 

15 the Secretary (acting through the Director of 

16 the Bureau of Land Management). 

17 (2) TERMINATION.—With respect to each graz18 ing permit or lease donated under paragraph (1), 

19 the Secretary 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 

25 that donates a grazing lease or grazing permit (or a porVerDate Mar 15 2010 00:48 Nov 09, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S765.IS S765

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1 tion of a grazing lease or grazing permit) under this sec2 tion shall be considered to have waived any claim to any 

3 range improvement on the associated grazing allotment or 

4 portion 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 

7 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add8 ing at the end the following: 

9 ‘‘(208) RIVER STYX, OREGON.—The subterra10 nean segment of Cave Creek, known as the River 

11 Styx, to be administered by the Secretary of the In12 terior as a 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 

16 by adding at the end the following: 

17 ‘‘(141) OREGON CAVES NATIONAL MONUMENT

18 AND PRESERVE, OREGON.— 

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

20 mile segment of Cave Creek from the head21 waters at the River Styx to the boundary of the 

22 Rogue River Siskiyou National Forest. 

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

24 mile segment of Lake Creek from the headVerDate Mar 15 2010 00:48 Nov 09, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S765.IS S765

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1 waters at Bigelow Lakes to the confluence with 

2 Cave Creek. 

3 ‘‘(C) NO NAME CREEK, OREGON.—The 

4 0.6-mile segment of No Name Creek from the 

5 headwaters to the confluence with Cave Creek. 

6 ‘‘(D) PANTHER CREEK.—The 0.8-mile seg7 ment of Panther Creek from the headwaters to 

8 the confluence with Lake Creek. 

9 ‘‘(E) UPPER CAVE CREEK.—The segment 

10 of Upper Cave Creek from the headwaters to 

11 the confluence with River Styx.’’. 

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

13 and Scenic Rivers Act (16 U.S.C. 1276(b)) is 

14 amended by adding at the end the following: 

15 ‘‘(20) OREGON CAVES NATIONAL MONUMENT

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

17 after the date on which funds are made available to 

18 carry out this paragraph, the Secretary shall— 

19 ‘‘(A) complete the study of the Oregon 

20 Caves National Monument and Preserve seg21 ments described in subsection (a)(141); and 

22 ‘‘(B) submit to Congress a report con23 taining the results of the study.’’. 

Æ 


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