S. 3148

Oregon Caves National Monument Boundary Adjustment Act of 2008

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II

110th CONGRESS

2d Session

S. 3148

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.

Short title

This Act may be cited as the Oregon Caves National Monument Boundary Adjustment Act of 2008.

2.

Findings; purpose

(a)

Findings

Congress finds that—

(1)

the Oregon Caves National Monument—

(A)

is comprised of a rectangular area of approximately 480 acres located in the Siskiyou Mountains of southern Oregon; and

(B)

was established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909, to protect the caves, which were determined to have unusual scientific interest and importance;

(2)

on June 10, 1933, in accordance with Executive Order 6166 (5 U.S.C. 901 note), the administration of the Monument was transferred from the Secretary of Agriculture to the Secretary of the Interior; and

(3)

the 1999 general management plan for the Monument contains a recommendation for adding surrounding land to the Monument—

(A)

to provide better protection for—

(i)

cave ecology;

(ii)

surface and subsurface hydrology;

(iii)

public water supplies; and

(iv)

trails and views;

(B)

to establish a logical topographical boundary; and

(C)

to enhance public outdoor recreation opportunities.

(b)

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.

3.

Definitions

In this Act:

(1)

Grazing allotment

The term grazing allotment means—

(A)

the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and

(B)

the Billy Mountain Grazing Allotment located in a parcel of land that is—

(i)

managed by the Secretary (acting through the Director of the Bureau of Land Management); and

(ii)

located in close proximity to the land described in subparagraph (A).

(2)

Grazing lease; grazing permit

The terms grazing lease and grazing permit mean any document authorizing the use of a grazing allotment for the purpose of grazing livestock for commercial purposes.

(3)

Lessee; permittee

The terms lessee and permittee mean a livestock operator that holds a valid existing grazing lease or permit for a grazing allotment.

(4)

Map

The term map means the map entitled Oregon Caves National Monument, Proposed Boundary numbered 150/80,023, and dated June 2008.

(5)

Monument

The term Monument means the Oregon Caves National Monument established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909.

(6)

Secretary

The term Secretary means the Secretary of the Interior.

(7)

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 (including land held for the benefit of an Indian tribe).

4.

Boundary adjustment; land transfer

(a)

Boundary adjustment

The boundary of the Monument is modified—

(1)

to include approximately 4,070 acres of land identified on the map as the Proposed Addition Lands; and

(2)

to exclude approximately 4 acres of land—

(A)

located in the City of Cave Junction; and

(B)

identified on the map as the Cave Junction Unit.

(b)

Land transfer

The Secretary of Agriculture shall—

(1)

transfer the land described in subsection (a)(1) to the Secretary; and

(2)

adjust the boundary of the Rogue River-Siskiyou National Forest to exclude the land transferred under paragraph (1).

(c)

Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

5.

Wild and scenic river designations

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

(171)

Oregon Caves National Monument, Oregon

The following segments in the State of Oregon, to be administered by the Secretary of the Interior:

(A)

Cave Creek

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 as a recreational river.

(B)

Lake Creek

The 3.6-mile segment of Lake Creek from the headwaters at Bigelow Lakes to the confluence with Cave Creek as a scenic river.

(C)

No Name Creek

The 0.6-mile segment of No Name Creek from the headwaters to the confluence with Cave Creek as a wild river.

(D)

Panther Creek

The 0.8-mile segment of Panther Creek from the headwaters to the confluence with Lake Creek as a scenic river.

(E)

River Styx

The segment of River Styx from the source to the confluence with Cave Creek as a recreational river.

(F)

Upper Cave Creek

The segment of Upper Cave Creek from the headwaters to the confluence with River Styx as a recreational river.

.

6.

Administration

(a)

In general

The Secretary, acting through the Director of the National Park Service, shall administer the Monument 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)

Ecological forest restoration activities

As soon as practicable after the date of enactment of this Act, the Secretary shall carry out forest restoration activities within the boundaries of the Monument—

(1)

to reduce the risk of losing key ecosystem components;

(2)

to restore the proper role of fire in the ecosystem; and

(3)

to ensure that forest attributes (including species composition and structure) remain intact and functioning within a historical range.

7.

Voluntary grazing lease or permit donation program

(a)

Donation of lease or permit

(1)

Acceptance by Secretary concerned

The Secretary concerned shall accept any grazing lease or grazing permit that is donated by a lessee or permittee.

(2)

Termination

The Secretary concerned shall terminate any grazing lease or grazing permit acquired under paragraph (1).

(3)

No new grazing lease or permit

With respect to each grazing lease or grazing permit donated under paragraph (1), the Secretary concerned shall—

(A)

not issue any new grazing lease or grazing permit within the grazing allotment covered by the grazing lease or grazing permit; and

(B)

ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing lease or grazing permit.

(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.

8.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act.