II 

109TH CONGRESS 

2D SESSION S. 3858 

To authorize the Secretary of Interior to cancel certain grazing leases on 

land in Cascade-Siskiyou National Monument that are voluntarily waived 

by the lessees, to provide for the exchange of certain Monument land 

in exchange for private land, to designate certain Monument land as 

wilderness, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 6, 2006 

Mr. SMITH (for himself and Mr. WYDEN) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To authorize the Secretary of Interior to cancel certain grazing leases on land in Cascade-Siskiyou National Monument that are voluntarily waived by the lessees, to provide for the exchange of certain Monument land in exchange for private land, to designate certain Monument 

land as wilderness, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cascade-Siskiyou Na3 tional Monument Voluntary and Equitable Grazing Con4 flict Resolution Act’’. 

5 SEC. 2. FINDINGS AND PURPOSES. 

6 (a) FINDINGS.—Congress finds that— 

7 (1) Presidential Proclamation Number 7318, 

8 dated June 13, 2000 (65 Fed. Reg. 37247), which 

9 established the Cascade-Siskiyou National Monu10 ment, created unique regulatory and statutory over11 lays with respect to the Monument; 

12 (2) compensating lessees that voluntarily waive 

13 their grazing leases and end livestock grazing on 

14 Federal land in and near the Monument would pro15 vide lessees new economic opportunities, including 

16 opportunities to— 

17 (A) restructure ranch operations; 

18 (B) start new businesses; or 

19 (C) retire with security; 

20 (3) regardless of the legal merits of continued 

21 grazing on the Monument, there is support from the 

22 ranching, environmental, and other local commu23 nities and government officials for a fair and equi24 table resolution of grazing conflicts; 

25 (4) the land exchange authorized under this Act 

26 is in the public interest because the exchange— 


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1 (A) furthers the protective purposes of the 

2 Monument; 

3 (B) provides for consolidated land owner4 ship; 

5 (C) improves land and resource manage6 ment; 

7 (D) decreases management costs; and 

8 (E) resolves public conflict; 

9 (5) the waiver of grazing leases under this Act 

10 is not intended to reflect on— 

11 (A) the legal or ecological merit of contin12 ued grazing within the Monument; or 

13 (B) the merit of proposals to limit or retire 

14 grazing permits in the State of Oregon or any 

15 other State; and 

16 (6) designating certain portions of the Monu17 ment as wilderness would ensure that an increasing 

18 population, expanding settlement, and increasing 

19 mechanization would not modify those portions in a 

20 manner that would cumulatively deny future genera21 tions the opportunity to the wilderness experience. 

22 (b) PURPOSES.—The purposes of this Act are— 

23 (1) to maintain the economic viability of cattle 

24 ranching in the vicinity of the Monument; 


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1 (2) to authorize the permanent retirement of 

2 certain grazing leases and associated allotments 

3 within and in the vicinity of the Monument; and 

4 (3) to protect unique ecological diversity and 

5 high quality outdoor recreational opportunities in 

6 the wildest portions of the Monument by designating 

7 the portions as the Soda Mountain Wilderness. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) BUREAU OF LAND MANAGEMENT LAND.— 

11 The term ‘‘Bureau of Land Management land’’ 

12 means the approximately 40 acres of land under the 

13 jurisdiction of the Bureau of Land Management in 

14 the Monument, as generally depicted on the land ex15 change map. 

16 (2) GRAZING ALLOTMENT.—The term ‘‘grazing 

17 allotment’’ means the Box R, Buck Lake, Buck 

18 Mountain, Buck Point, Conde Creek, Cove Creek, 

19 Cove Creek Ranch, Deadwood, Dixie, Grizzly, How20 ard Prairie, Jenny Creek, Keene Creek, North Cove 

21 Creek, and Soda Mountain grazing allotments in the 

22 State. 

23 (3) GRAZING LEASE.—The term ‘‘grazing 

24 lease’’ means any document authorizing the use of 


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1 a grazing allotment for the purpose of grazing do2 mestic livestock for commercial purposes. 

3 (4) LAND EXCHANGE MAP.—The term ‘‘land 

4 exchange map’’ means the map entitled ‘‘Box R 

5 Ranch Land Exchange’’ and dated ølll¿, 2006. 

6 (5) LANDOWNER.—The term ‘‘Landowner’’ 

7 means Box-R Ranch in the State. 

8 (6) LESSEE.—The term ‘‘lessee’’ means a live9 stock operator that holds a valid term grazing lease 

10 for a grazing allotment. 

11 (7) LIVESTOCK.—The term ‘‘livestock’’ does not 

12 include beasts of burden used for recreational pur13 poses in the Monument. 

14 (8) MONUMENT.—The term ‘‘Monument’’ 

15 means the Cascade-Siskiyou National Monument in 

16 the State. 

17 (9) RANGE DEVELOPMENT.— 

18 (A) IN GENERAL.—The term ‘‘range devel19 opment’’ means any structure, fence, water de20 velopment, or other permanent fixture placed 

21 on a grazing allotment relating to grazing do22 mestic livestock. 

23 (B) EXCLUSIONS.—The term ‘‘range devel24 opment’’ does not include any rolling stock, liveVerDate Aug 31 2005 00:20 Sep 14, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3858.IS S3858

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1 stock, or diversions of water from Federal land 

2 onto non-Federal land. 

3 (10) ROWLETT PARCEL.—The term ‘‘Rowlett 

4 parcel’’ means the parcel of approximately 40 acres 

5 of private land, as depicted on the land exchange 

6 map. 

7 (11) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of the Interior. 

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

10 State of Oregon. 

11 (13) WILDERNESS.—The term ‘‘Wilderness’’ 

12 means the Soda Mountain Wilderness designated by 

13 section 6(a). 

14 (14) WILDERNESS MAP.—The term ‘‘wilderness 

15 map’’ means the map entitled ‘‘Soda Mountain Wil16 derness’’ and dated øllll¿, 2006. 

17 SEC. 4. VOLUNTARY GRAZING LEASE WAIVER PROGRAM. 

18 (a) EXISTING GRAZING LEASES.— 

19 (1) WAIVER.—The Secretary— 

20 (A) shall, subject to the availability of 

21 funds, offer to provide compensation to a lessee 

22 in exchange for the waiver by a lessee of a graz23 ing lease; and 

24 (B) if the lessee accepts the offer in ac25 cordance with this section, shall, not later than 


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1 30 days after the date on which the lessee ac2 cepts the offer, simultaneously— 

3 (i) provide to the lessee the compensa4 tion specified in paragraph (2); 

5 (ii) terminate the grazing lease 

6 waived; and 

7 (iii) permanently retire the associated 

8 grazing allotment or portion of the grazing 

9 allotment from livestock grazing use. 

10 (2) AMOUNT OF COMPENSATION.—Compensa11 tion for the waiver of a grazing lease under para12 graph (1) shall be equal to $300 per authorized ani13 mal unit month. 

14 (3) PARTIAL ALLOTMENT RETIREMENTS.—If a 

15 lessee offers to waive only the Monument portion of 

16 a grazing lease for a grazing allotment that is par17 tially in the Monument, the Secretary shall, at full 

18 Federal expense, construct and maintain a fence to 

19 exclude livestock from the portion of the grazing al20 lotment that is within the boundaries of the Monu21 ment. 

22 (4) JOINT LEASE.—If a grazing allotment is 

23 jointly leased to more than 1 lessee— 

24 (A) the Secretary shall not accept waiver 

25 of a joint grazing lease unless all lessees subject 


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1 to the grazing lease exercise the option to waive 

2 the grazing lease under paragraph (1); or 

3 (B) if the option is not exercised by all the 

4 lessees under paragraph (1), the Secretary 

5 shall— 

6 (i) in communication, consultation, 

7 and cooperation with any lessees that do 

8 not exercise the option under paragraph 

9 (1), construct and maintain a fence at 

10 Federal expense for the purpose of keeping 

11 livestock within a reduced area of the graz12 ing allotment that is commercially and sea13 sonally proportional with the remaining au14 thorized animal unit months in the grazing 

15 allotment, including private land used as 

16 exchange of use on the date of enactment 

17 of this Act; and 

18 (ii) accept the waived portion of the 

19 joint lease from any joint lessees that have 

20 exercised the option under paragraph (1). 

21 (5) LIMITATIONS.—The Secretary— 

22 (A) with respect to the Agate, Emigrant 

23 Creek, and Siskiyou allotments in and near the 

24 Monument as of the date of enactment of this 

25 Act— 


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1 (i) shall not issue grazing leases; and 

2 (ii) shall permanently retire the allot3 ments from livestock grazing use; and 

4 (B) shall not establish any new allotments 

5 that include— 

6 (i) any Federal land within a grazing 

7 allotment or an allotment described in sub8 paragraph (A); or 

9 (ii) any Monument land (whether 

10 leased or not leased for grazing on the date 

11 of enactment of this Act). 

12 (6) DEADLINE.—To waive a grazing lease in 

13 accordance with this section, a lessee shall exercise 

14 the right to waive the grazing lease by not later than 

15 the date that is 3 years after the date of enactment 

16 of this Act. 

17 (7) EFFECT OF WAIVER.—A lessee who receives 

18 compensation for voluntarily waiving a grazing lease 

19 under this section shall be considered to have waived 

20 any claim to all range developments on the associ21 ated grazing allotments. 

22 (8) DONATION OF GRAZING LEASES.— 

23 (A) IN GENERAL.—Nothing in this section 

24 prevents a lessee from donating to the Sec25 retary, at any time, a grazing lease without 


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1 Federal compensation, in accordance with this 

2 section. 

3 (B) ACCEPTANCE BY.—If a lessee donates 

4 a grazing lease to the Secretary, the Secretary 

5 shall accept the donation in accordance with 

6 clauses (ii) and (iii) of paragraph (1)(B). 

7 (b) ADDITIONAL ALLOCATIONS.—Beginning on the 

8 date of enactment of this Act, the Secretary shall not au9 thorize any allotments for livestock grazing on Monument 

10 land that are not in existence on the date of enactment 

11 of this Act. 

12 SEC. 5. LAND EXCHANGE. 

13 (a) IN GENERAL.—For the purpose of protecting and 

14 consolidating Federal land within the Monument, the Sec15 retary— 

16 (1) may offer to convey to the Landowner the 

17 Bureau of Land Management land in exchange for 

18 the Rowlett parcel; and 

19 (2) if the Landowner accepts the offer, not later 

20 than 70 days after the date on which the Landowner 

21 conveys acceptable title to the Rowlett parcel to the 

22 Secretary, shall convey to the Landowner all right, 

23 title, and interest of the United States in and to the 

24 Bureau of Land Management land. 

25 (b) SURVEYS.— 


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1 (1) IN GENERAL.—The exact acreage and legal 

2 description of the Bureau of Land Management land 

3 and the Rowlett parcel shall be determined by sur4 veys approved by the Secretary. 

5 (2) COSTS.—The Secretary shall be responsible 

6 for paying the costs of— 

7 (A) any survey conducted under paragraph 

8 (1); and 

9 (B) any other administrative costs relating 

10 to the land exchange authorized under this sec11 tion. 

12 (c) CONDITIONS.— 

13 (1) IN GENERAL.—The conveyance of Bureau 

14 of Land Management land and the Rowlett parcel 

15 under subsection (a) shall be subject to valid exist16 ing rights. 

17 (2) TITLE APPROVAL.—Title to the Rowlett 

18 parcel shall conform with the title approval stand19 ards applicable to Federal land acquisitions. 

20 (d) APPLICABLE LAW.— 

21 (1) IN GENERAL.—Except as otherwise pro22 vided in this section, the conveyance of Bureau of 

23 Land Management land under this section is subject 

24 to any laws (including regulations) applicable to the 


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1 conveyance and acquisition of land under the juris2 diction of the Bureau of Land Management. 

3 (2) EXEMPTION.—The exchange of land au4 thorized under this section shall not— 

5 (A) require the promulgation of additional 

6 regulations by the Secretary; or 

7 (B) be subject to the notice and comment 

8 provisions of section 553 of title 5, United 

9 States Code. 

10 SEC. 6. SODA MOUNTAIN WILDERNESS. 

11 (a) DESIGNATION.—In accordance with the Wilder12 ness Act (16 U.S.C. 1131 et seq.), approximately 23,000 

13 acres of Monument land, as generally depicted on the wil14 derness map, is designated as wilderness and as a compo15 nent of the National Wilderness Preservation System, to 

16 be known as the ‘‘Soda Mountain Wilderness’’. 

17 (b) MAP AND LEGAL DESCRIPTION.— 

18 (1) SUBMISSION OF MAP AND LEGAL DESCRIP19 TION.—As soon as practicable after the date of en20 actment of this Act, the Secretary shall file a map 

21 and legal description of the Wilderness with— 

22 (A) the Committee on Energy and Natural 

23 Resources of the Senate; and 

24 (B) the Committee on Resources of the 

25 House of Representatives. 


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1 (2) FORCE AND EFFECT.— 

2 (A) IN GENERAL.—The map and legal de3 scription filed under paragraph (1) shall have 

4 the same force and effect as if included in this 

5 Act, except that the Secretary may correct any 

6 clerical or typographical error in the map or 

7 legal description. 

8 (B) NOTIFICATION.—The Secretary shall 

9 submit to Congress notice of any changes made 

10 in the map or legal description under subpara11 graph (A), including notice of the reason for 

12 the change. 

13 (3) PUBLIC AVAILABILITY.—The map and legal 

14 description filed under paragraph (1) shall be on file 

15 and available for public inspection in— 

16 (A) the Office of the Director of the Bu17 reau of Land Management; 

18 (B) the Office of the Oregon State Direc19 tor of the Bureau of Land Management; and 

20 (C) the Medford District Office of the Bu21 reau of Land Management. 

22 (c) ADMINISTRATION OF WILDERNESS.— 

23 (1) IN GENERAL.—Subject to valid existing 

24 rights, the Wilderness shall be administered by the 

25 Secretary in accordance with the Wilderness Act (16 


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1 U.S.C. 1131 et seq.), except that any reference in 

2 the Wilderness Act to the effective date of the Wil3 derness Act shall be considered to be a reference to 

4 the date of enactment of this Act. 

5 (2) FIRE, INSECT, AND DISEASE MANAGEMENT

6 ACTIVITIES.—The Secretary may take such meas7 ures in the Wilderness as are necessary to control 

8 and prevent fire, insects, and diseases, as provided 

9 in section 4(d)(1) of the Wilderness Act (16 U.S.C. 

10 1133(d)(1)) and the guidelines contained in øthe 

11 Report of the Committee on Interior and Insular Af12 fairs (H. Report 98–40) to accompany the California 

13 Wilderness Act of 1984 (Public Law 98–425; 16 

14 U.S.C. 1131 note).¿ 

15 (3) LIVESTOCK.— 

16 (A) ADMINISTRATION.—Except as pro17 vided in section 4 and Presidential Proclama18 tion Number 7318, dated June 13, 2000 (65 

19 Fed. Reg. 37247), any grazing of livestock and 

20 the maintenance of range development in the 

21 Wilderness established before the date of enact22 ment of this Act shall be permitted to continue 

23 in accordance with— 

24 (i) section 4(d)(4) of the Wilderness 

25 Act (16 U.S.C. 1133(d)(4)); and 


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1 (ii) the guidelines set forth in Appen2 dix A of the report of the Committee on 

3 Interior and Insular Affairs of the House 

4 of Representatives accompanying H.R. 

5 2570 of the 101st Congress (H. Rept. 

6 101–405). 

7 (B) RETIREMENT OF CERTAIN PERMITS.— 

8 On the retirement of any grazing lease applica9 ble to any portion of the Wilderness, grazing of 

10 domestic livestock in the applicable portion of 

11 the Wilderness shall be prohibited. 

12 (4) FISH AND WILDLIFE MANAGEMENT.—In ac13 cordance with section 4(d)(7) of the Wilderness Act 

14 (16 U.S.C. 1133(d)(7)), nothing in this Act affects 

15 the jurisdiction of the State with respect to fish and 

16 wildlife on public land in the State. 

17 (5) ADJACENT MANAGEMENT.— 

18 (A) IN GENERAL.—Nothing in this Act 

19 creates a protective perimeter or buffer zone 

20 around the Wilderness. 

21 (B) ACTIVITIES OUTSIDE WILDERNESS.— 

22 The fact that a nonwilderness activity or use 

23 can be seen or heard from the Wilderness shall 

24 not preclude the conduct of the activity or use 

25 outside the boundary of the Wilderness. 


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1 SEC. 7. EFFECT. 

2 Nothing in this Act— 

3 (1) affects the authority of a Federal agency to 

4 otherwise modify or terminate grazing permits or 

5 leases without compensation; 

6 (2) authorizes the use of eminent domain; 

7 (3) creates a property right in any grazing per8 mit or lease on Federal land; 

9 (4) establishes a precedent for future grazing 

10 permit or lease buyout programs; or 

11 (5) affects the allocation, ownership, interest, or 

12 control, in existence on the date of enactment of this 

13 Act, of any water, water right, or any other valid ex14 isting right held by the United States, an Indian 

15 tribe, a State, or a private individual, partnership, or 

16 corporation. 

17 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—There is authorized to be appro19 priated to the Secretary— 

20 (1) $2,000,000 to provide compensation to les21 sees that waive grazing leases under section 4; and 

22 (2) $1,500,000 for fence construction and other 

23 methods of livestock control in and near the Monu24 ment, of which $150,000 shall be made available for 

25 fiscal year 2007 and each fiscal year thereafter (ad26 justed for inflation) for the purpose of preventing 


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1 domestic livestock from entering the Federal land 

2 described in section 4(a). 

3 (b) LIMITATION.—None of the amounts made avail4 able under subsection (a) shall be used by any Federal 

5 agency for administrative costs incurred in carrying out 

6 this Act. 

7 (c) AVAILABILITY.—Amounts made available under 

8 subsection (a) shall remain available until expended. 

Æ 


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