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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2889 Reported in House (RH)]

                                                 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]

_______________________________________________________________________

                                 A BILL

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

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Caves National Monument 
Boundary Adjustment Act of 2010''.

SEC. 2. PURPOSE.

    The purpose of this Act is to add surrounding land to the 
Monument--
            (1) to enhance the protection of the resources associated 
        with the Monument; and
            (2) to increase public recreation opportunities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``map'' means the map titled ``Oregon 
        Caves National Monument and Preserve'' numbered 150/80,023, and 
        dated May 2010.
            (2) Monument.--The term ``Monument'' means the Oregon Caves 
        National Monument established by Presidential Proclamation 
        Number 876 (36 Stat. 2497), dated July 12, 1909.
            (3) National preserve.--The term ``National Preserve'' 
        means the National Preserve designated by section 4(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service), with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                land managed by the Bureau of Land Management.
            (6) State.--The term ``State'' means the State of Oregon.

SEC. 4. DESIGNATION; LAND TRANSFER; BOUNDARY ADJUSTMENT.

    (a) In General.--The Monument shall be known and designated as the 
``Oregon Caves National Monument and Preserve''. The land identified on 
the map as ``Proposed Addition Lands'' shall be designated as a 
National Preserve.
    (b) Land Transfer.--The Secretary of Agriculture shall--
            (1) transfer approximately 4,070 acres of land identified 
        on the map as the ``Proposed Addition Lands'' to the Secretary 
        to be administered as part of the Oregon Caves National 
        Monument and Preserve; and
            (2) adjust the boundary of the Rogue River-Siskiyou 
        National Forest to exclude the land transferred under paragraph 
        (1).
    (c) Boundary Adjustment.--The boundary of the National Monument is 
modified to exclude approximately 4 acres of land--
            (1) located in the City of Cave Junction; and
            (2) identified on the map as the ``Cave Junction Unit'', as 
        depicted on the map.
    (d) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    (e) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Monument shall be 
considered to be a reference to the ``Oregon Caves National Monument 
and Preserve''.

SEC. 5. ADMINISTRATION.

    (a) In General.--The Secretary, acting through the Director of the 
National Park Service, shall administer the National Monument and 
Preserve in accordance with--
            (1) this Act;
            (2) Presidential Proclamation Number 876 (36 Stat. 2497), 
        dated July 12, 1909; and
            (3) any law (including regulations) generally applicable to 
        units of the National Park System, including the National Park 
        Service Organic Act (16 U.S.C. 1 et seq.).
    (b) Fire Management.--As soon as practicable after the date of 
enactment of this Act, in accordance with subsection (a), the Secretary 
shall revise the fire management plan for the Monument to include the 
National Preserve and, in accordance with the revised plan, carry out 
hazardous fuel management activities within the boundaries of the 
National Monument and Preserve.
    (c) Existing Forest Service Contracts.--The Secretary shall allow 
for the completion of existing Forest Service stewardship and service 
contracts executed as of the date of enactment of this Act and shall 
recognize the authority of the Secretary of Agriculture for the purpose 
of administering the existing Forest Service contracts through their 
completion. All terms and conditions of existing Forest Service 
contracts shall remain in place for the duration of those contracts. 
Any such liability existing at the time of enactment of this Act shall 
be that of the Forest Service.
    (d) Grazing.--The Secretary may allow the grazing of livestock 
within the preserve to continue where authorized under permits or 
leases in existence as of the date of enactment of this Act. Grazing 
shall be at no more than the current level, as measured in Animal Unit 
Months, and subject to applicable laws and National Park Service 
regulations.

SEC. 6. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM.

    (a) Donation of Lease or Permit.--
            (1) Acceptance by secretary concerned.--The Secretary 
        concerned shall accept the donation of a grazing lease or 
        permit from a leasee or permittee for--
                    (A) the Big Grayback Grazing Allotment located in 
                the Rogue River-Siskiyou National Forest; and
                    (B) the Billy Mountain Grazing Allotment located on 
                a parcel of land that is managed by the Secretary 
                (acting through the Director of the Bureau of Land 
                Management).
            (2) Termination.--With respect to each permit or lease 
        donated under subparagraph (a), the Secretary shall--
                    (A) terminate the grazing permit or lease; and
                    (B) ensure a permanent end to grazing on the land 
                covered by the permit or lease.
    (b) Effect of Donation.--A lessee or permittee that donates a 
grazing lease or grazing permit (or a portion of a grazing lease or 
grazing permit) under this section shall be considered to have waived 
any claim to any range improvement on the associated grazing allotment 
or portion of the associated grazing allotment, as applicable.

SEC. 7. HUNTING, FISHING, AND TRAPPING.

    (a) In General.--Except as provided in subsection (b), the 
Secretary shall permit hunting, fishing, and trapping on land and water 
within the National Preserve in accordance with each applicable law 
(including regulations) of the Federal Government and the State.
    (b) Administrative Exceptions.--In accordance with subsection (c), 
the Secretary may designate areas in which, and establish limited 
periods during which, no hunting, fishing, or trapping may be permitted 
within the National Preserve due to concerns relating to--
            (1) public safety;
            (2) the administration of the National Preserve; or
            (3) the compliance by the Secretary with any applicable law 
        (including regulations).
    (c) Consultation With Appropriate State Agency.--Except to respond 
to a situation that the Secretary determines to be an emergency, the 
Secretary shall consult with the appropriate agency of the State before 
taking any act to close any area within the National Preserve to 
hunting, fishing, or trapping.

SEC. 8. EFFECT.

    Nothing in this Act affects the authority or responsibility of the 
State to carry out any law or duty of the State relating to fish and 
wildlife on areas located within the National Preserve.

SEC. 9. WILD AND SCENIC RIVER DESIGNATION, RIVER STYX, OREGON.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by inserting the following paragraph:
            ``(__) River styx, oregon.--The subterranean segment of 
        Cave Creek, known as the River Styx, to be administered by the 
        Secretary of the Interior as a scenic river.''.

SEC. 10. WILD AND SCENIC RIVER DESIGNATION FOR STUDY.

    Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) 
is amended by adding at the end the following:
            ``(__) Oregon caves national monument and preserve, 
        oregon.--
                    ``(A) Cave creek, oregon.--The 2.6-mile segment of 
                Cave Creek from the headwaters at the River Styx to the 
                boundary of the Rogue River Siskiyou National Forest.
                    ``(B) Lake creek, oregon.--The 3.6-mile segment of 
                Lake Creek from the headwaters at Bigelow Lakes to the 
                confluence with Cave Creek.
                    ``(C) No name creek, oregon.--The 0.6-mile segment 
                of No Name Creek from the headwaters to the confluence 
                with Cave Creek.
                    ``(D) Panther creek.--The 0.8-mile segment of 
                Panther Creek from the headwaters to the confluence 
                with Lake Creek.
                    ``(E) Upper cave creek.--The segment of Upper Cave 
                Creek from the headwaters to the confluence with River 
                Styx.''.

SEC. 11. STUDY AND REPORT.

    Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) 
is amended by adding at the end the following:
            ``(__) Oregon caves national monument and preserve, 
        oregon.--Not later than 3 years after funds are made available 
        to carry out this paragraph, the Secretary shall complete the 
        study of the Oregon Caves National Monument and Preserve 
        segments designated for study in subsection (a), and shall 
        submit to Congress a report containing the results of the 
        study.''.
                                                 Union Calendar No. 285

111th CONGRESS

  2d Session

                               H. R. 2889

                          [Report No. 111-500]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              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
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