Library / Laws / 113th / s / S. 354 / Engrossed in Senate
113th CONGRESS
2d Session
S. 354
AN ACT
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 Revitalization Act of
2013.
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.
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.
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).
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.
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.
.
Passed the Senate July 9, 2014.Secretary