IB 

Union Calendar No. 285 

111TH CONGRESS 

2D SESSION H. R. 2889 

[Report No. 111–500] 

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

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2009 

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

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

Natural Resources 

MAY 28, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 16, 2009] 


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•HR 2889 RH

A BILL 

To modify the boundary of the Oregon Caves National 

Monument, and for other purposes. 


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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 2010’’. 

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 as10 sociated with the Monument; and 

11 (2) to increase public recreation opportunities. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) MAP.—The term ‘‘map’’ means the map ti15 tled ‘‘Oregon Caves National Monument and Pre16 serve’’ numbered 150/80,023, and dated May 2010. 

17 (2) MONUMENT.—The term ‘‘Monument’’ means 

18 the Oregon Caves National Monument established by 

19 Presidential Proclamation Number 876 (36 Stat. 

20 2497), dated July 12, 1909. 

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

22 Preserve’’ means the National Preserve designated by 

23 section 4(a). 

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

25 the Secretary of the Interior. 


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1 (5) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture (acting 

4 through the Chief of the Forest Service), with re5 spect to National Forest System land; and 

6 (B) the Secretary of the Interior, with re7 spect to land managed by the Bureau of Land 

8 Management. 

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

10 of Oregon. 

11 SEC. 4. DESIGNATION; LAND TRANSFER; BOUNDARY AD12 JUSTMENT. 

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

14 designated as the ‘‘Oregon Caves National Monument and 

15 Preserve’’. The land identified on the map as ‘‘Proposed Ad16 dition Lands’’ shall be designated as a National Preserve. 

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

18 shall— 

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

20 identified on the map as the ‘‘Proposed Addition 

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

22 of the Oregon Caves National Monument and Pre23 serve; and 


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1 (2) adjust the boundary of the Rogue River2 Siskiyou National Forest to exclude the land trans3 ferred under paragraph (1). 

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

5 National Monument is modified to exclude approximately 

6 4 acres of land— 

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

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

9 Unit’’, as depicted on the map. 

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

11 and available for public inspection in the appropriate of12 fices of the National Park Service. 

13 (e) REFERENCES.—Any reference in a law, map, regu14 lation, document, paper, or other record of the United 

15 States to the Monument shall be considered to be a reference 

16 to the ‘‘Oregon Caves National Monument and Preserve’’. 

17 SEC. 5. ADMINISTRATION. 

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

19 Director of the National Park Service, shall administer the 

20 National Monument and Preserve in accordance with— 

21 (1) this Act; 

22 (2) Presidential Proclamation Number 876 (36 

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

24 (3) any law (including regulations) generally 

25 applicable to units of the National Park System, inVerDate Mar 15 2010 23:49 May 28, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2889.RH H2889

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1 cluding the National Park Service Organic Act (16 

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

3 (b) FIRE MANAGEMENT.—As soon as practicable after 

4 the date of enactment of this Act, in accordance with sub5 section (a), the Secretary shall revise the fire management 

6 plan for the Monument to include the National Preserve 

7 and, in accordance with the revised plan, carry out haz8 ardous fuel management activities within the boundaries 

9 of the National Monument and Preserve. 

10 (c) EXISTING FOREST SERVICE CONTRACTS.—The 

11 Secretary shall allow for the completion of existing Forest 

12 Service stewardship and service contracts executed as of the 

13 date of enactment of this Act and shall recognize the author14 ity of the Secretary of Agriculture for the purpose of admin15 istering the existing Forest Service contracts through their 

16 completion. All terms and conditions of existing Forest 

17 Service contracts shall remain in place for the duration of 

18 those contracts. Any such liability existing at the time of 

19 enactment of this Act shall be that of the Forest Service. 

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

21 of livestock within the preserve to continue where authorized 

22 under permits or leases in existence as of the date of enact23 ment of this Act. Grazing shall be at no more than the cur24 rent level, as measured in Animal Unit Months, and subject 

25 to applicable laws and National Park Service regulations. 


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1 SEC. 6. VOLUNTARY GRAZING LEASE OR PERMIT DONATION 

2 PROGRAM. 

3 (a) DONATION OF LEASE OR PERMIT.— 

4 (1) ACCEPTANCE BY SECRETARY CONCERNED.— 

5 The Secretary concerned shall accept the donation of 

6 a grazing lease or permit from a leasee or permittee 

7 for— 

8 (A) the Big Grayback Grazing Allotment lo9 cated in the Rogue River-Siskiyou National For10 est; and 

11 (B) the Billy Mountain Grazing Allotment 

12 located on a parcel of land that is managed by 

13 the Secretary (acting through the Director of the 

14 Bureau of Land Management). 

15 (2) TERMINATION.—With respect to each permit 

16 or lease donated under subparagraph (a), the Sec17 retary shall— 

18 (A) terminate the grazing permit or lease; 

19 and 

20 (B) ensure a permanent end to grazing on 

21 the land covered by the permit or lease. 

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

23 donates a grazing lease or grazing permit (or a portion of 

24 a grazing lease or grazing permit) under this section shall 

25 be considered to have waived any claim to any range imVerDate Mar 15 2010 23:49 May 28, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2889.RH H2889

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1 provement on the associated grazing allotment or portion 

2 of the associated grazing allotment, as applicable. 

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

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

5 (b), the Secretary shall permit hunting, fishing, and trap6 ping on land and water within the National Preserve in 

7 accordance with each applicable law (including regula8 tions) of the Federal Government and the State. 

9 (b) ADMINISTRATIVE EXCEPTIONS.—In accordance 

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

11 which, and establish limited periods during which, no hunt12 ing, fishing, or trapping may be permitted within the Na13 tional Preserve due to concerns relating to— 

14 (1) public safety; 

15 (2) the administration of the National Preserve; 

16 or 

17 (3) the compliance by the Secretary with any 

18 applicable law (including regulations). 

19 (c) CONSULTATION WITH APPROPRIATE STATE AGEN20 CY.—Except to respond to a situation that the Secretary 

21 determines to be an emergency, the Secretary shall consult 

22 with the appropriate agency of the State before taking any 

23 act to close any area within the National Preserve to hunt24 ing, fishing, or trapping. 


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1 SEC. 8. EFFECT. 

2 Nothing in this Act affects the authority or responsi3 bility of the State to carry out any law or duty of the State 

4 relating to fish and wildlife on areas located within the Na5 tional Preserve. 

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

7 STYX, OREGON. 

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

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

10 paragraph: 

11 ‘‘(ll) RIVER STYX, OREGON.—The subterra12 nean segment of Cave Creek, known as the River 

13 Styx, to be administered by the Secretary of the Inte14 rior as a scenic river.’’. 

15 SEC. 10. WILD AND SCENIC RIVER DESIGNATION FOR 

16 STUDY. 

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

18 U.S.C. 1276(a)) is amended by adding at the end the fol19 lowing: 

20 ‘‘(ll) OREGON CAVES NATIONAL MONUMENT

21 AND PRESERVE, OREGON.— 

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

23 segment of Cave Creek from the headwaters at 

24 the River Styx to the boundary of the Rogue 

25 River Siskiyou National Forest. 


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

2 segment of Lake Creek from the headwaters at 

3 Bigelow Lakes to the confluence with Cave Creek. 

4 ‘‘(C) NO NAME CREEK, OREGON.—The 0.6- 

5 mile segment of No Name Creek from the head6 waters to the confluence with Cave Creek. 

7 ‘‘(D) PANTHER CREEK.—The 0.8-mile seg8 ment of Panther Creek from the headwaters to 

9 the confluence with Lake Creek. 

10 ‘‘(E) UPPER CAVE CREEK.—The segment of 

11 Upper Cave Creek from the headwaters to the 

12 confluence with River Styx.’’. 

13 SEC. 11. STUDY AND REPORT. 

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

15 U.S.C. 1276(b)) is amended by adding at the end the fol16 lowing: 

17 ‘‘(ll) OREGON CAVES NATIONAL MONUMENT

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

19 after funds are made available to carry out this para20 graph, the Secretary shall complete the study of the 

21 Oregon Caves National Monument and Preserve seg22 ments designated for study in subsection (a), and 

23 shall submit to Congress a report containing the re24 sults of the study.’’. 


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Union Calendar No. 285 

111TH CONGRESS 

2D SESSION H. R. 2889 

[Report No. 111–500] 

A BILL 

National Monument, and for other purposes. 

To modify the boundary of the Oregon Caves 

MAY 28, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pwalker on DSK8KYBLC1PROD with BILLS