II 

110TH CONGRESS 

2D SESSION S. 3148 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2008 

Mr. WYDEN 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 2008’’. 

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) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior. 

15 (7) SECRETARY CONCERNED.—The term ‘‘Sec16 retary concerned’’ means— 

17 (A) the Secretary of Agriculture (acting 

18 through the Chief of the Forest Service), with 

19 respect to National Forest System land; and 

20 (B) the Secretary of the Interior, with re21 spect to land managed by the Bureau of Land 

22 Management (including land held for the ben23 efit of an Indian tribe). 


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1 SEC. 4. BOUNDARY ADJUSTMENT; LAND TRANSFER. 

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

3 Monument is modified— 

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

5 land identified on the map as the ‘‘Proposed Addi6 tion Lands’’; and 

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

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

9 and 

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

11 Junction Unit’’. 

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

13 shall— 

14 (1) transfer the land described in subsection 

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

16 (2) adjust the boundary of the Rogue River17 Siskiyou National Forest to exclude the land trans18 ferred under paragraph (1). 

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

20 and available for public inspection in the appropriate of21 fices of the National Park Service. 

22 SEC. 5. 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. 6. ADMINISTRATION. 

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

5 Director of the National Park Service, shall administer the 

6 Monument in accordance with— 

7 (1) this Act; 

8 (2) Presidential Proclamation Number 876 (36 

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

10 (3) any law (including regulations) generally 

11 applicable to units of the National Park System, in12 cluding the National Park Service Organic Act (16 

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

14 (b) ECOLOGICAL FOREST RESTORATION ACTIVI15 TIES.—As soon as practicable after the date of enactment 

16 of this Act, the Secretary shall carry out forest restoration 

17 activities within the boundaries of the Monument— 

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

19 components; 

20 (2) to restore the proper role of fire in the eco21 system; and 

22 (3) to ensure that forest attributes (including 

23 species composition and structure) remain intact and 

24 functioning within a historical range. 


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1 SEC. 7. 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 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this Act. 

Æ 


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