S.354

Oregon Caves Revitalization Act of 2013 (Introduced in Senate - IS)

S 354 IS

113th CONGRESS

1st Session

S. 354

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

IN THE SENATE OF THE UNITED STATES

February 14, 2013

Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

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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 Revitalization Act of 2013'.

SEC. 2. DEFINITIONS.

In this Act:

(1) MAP- The term `map' means the map entitled `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 MONUMENT AND PRESERVE- The term `National Monument and Preserve' means the Oregon Caves National Monument and Preserve designated by section 3(a)(1).

(4) NATIONAL PRESERVE- The term `National Preserve' means the National Preserve designated by section 3(a)(2).

(5) SECRETARY- The term `Secretary' means the Secretary of the Interior.

(6) 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.

(7) STATE- The term `State' means the State of Oregon.

SEC. 3. DESIGNATIONS; LAND TRANSFER; BOUNDARY ADJUSTMENT.

(a) Designations-

(1) IN GENERAL- The Monument and the National Preserve shall be administered as a single unit of the National Park System and collectively known and designated as the `Oregon Caves National Monument and Preserve'.

(2) NATIONAL PRESERVE- The approximately 4,070 acres of land identified on the map as `Proposed Addition Lands' shall be designated as a National Preserve.

(b) Transfer of Administrative Jurisdiction-

(1) IN GENERAL- Administrative jurisdiction over the land designated as a National Preserve under subsection (a)(2) is transferred from the Secretary of Agriculture to the Secretary, to be administered as part of the National Monument and Preserve.

(2) EXCLUSION OF LAND- The boundaries of the Rogue River-Siskiyou National Forest are adjusted to exclude the land transferred under paragraph (1).

(c) Boundary Adjustment- The boundary of the National Monument and Preserve 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'.

(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. 4. ADMINISTRATION.

(a) In General- The Secretary 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--

(1) revise the fire management plan for the Monument to include the land transferred under section 3(b)(1); and

(2) 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-

(1) IN GENERAL- The Secretary shall--

(A) allow for the completion of any Forest Service stewardship or service contract executed as of the date of enactment of this Act with respect to the National Preserve; and

(B) recognize the authority of the Secretary of Agriculture for the purpose of administering a contract described in subparagraph (A) through the completion of the contract.

(2) TERMS AND CONDITIONS- All terms and conditions of a contract described in paragraph (1)(A) shall remain in place for the duration of the contract.

(3) LIABILITY- The Forest Service shall be responsible for any liabilities relating to a contract described in paragraph (1)(A).

(d) Grazing-

(1) IN GENERAL- Subject to paragraph (2), the Secretary may allow the grazing of livestock within the National Preserve to continue as authorized under permits or leases in existence as of the date of enactment of this Act.

(2) APPLICABLE LAW- Grazing under paragraph (1) shall be--

(A) at a level not greater than the level at which the grazing exists as of the date of enactment of this Act, as measured in Animal Unit Months; and

(B) in accordance with each applicable law (including National Park Service regulations).

(e) Fish and Wildlife- The Secretary shall permit hunting and fishing on land and waters within the National Preserve in accordance with applicable Federal and State laws, except that the Secretary may, in consultation with the Oregon Department of Fish and Wildlife, designate zones in which, and establish periods during which, no hunting or fishing shall be permitted for reasons of public safety, administration, or compliance by the Secretary with any applicable law (including regulations).

SEC. 5. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM.

(a) Donation of Lease or Permit-

(1) ACCEPTANCE BY SECRETARY CONCERNED- The Secretary concerned shall accept a grazing lease or permit that is donated by a lessee 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 grazing permit or lease donated under paragraph (1), the Secretary shall--

(A) terminate the grazing permit or lease; and

(B) ensure a permanent end to grazing on the land covered by the grazing 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. 6. WILD AND SCENIC RIVER DESIGNATIONS.

(a) Designation- 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:

`(208) 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.'.

(b) Potential Additions-

(1) IN GENERAL- 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:

`(141) 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.'.

(2) STUDY; 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:

`(20) OREGON CAVES NATIONAL MONUMENT AND PRESERVE, OREGON- Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary shall--

`(A) complete the study of the Oregon Caves National Monument and Preserve segments described in subsection (a)(141); and

`(B) submit to Congress a report containing the results of the study.'.