[Senate Report 111-256]
[From the U.S. Government Publishing Office]
Calendar No. 526
111th Congress Report
SENATE
2d Session 111-256
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OREGON CAVES NATIONAL MONUMENT BOUNDARY ADJUSTMENT ACT
_______
August 5, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1270]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1270) to modify the boundary of the
Oregon Caves National Monument, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Caves National Monument
Boundary Adjustment Act of 2010''.
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.''.
Purposes
The purposes of S. 1270 are to modify the boundary of the
Oregon Caves National Monument to include approximately 4,070
acres of lands currently administered by the Forest Service,
and to designate several river segments within the monument as
additions to the National Wild and Scenic Rivers System in
order to enhance the protection of the natural resources
associated with the Monument.
Background and Need
Located in southwestern Oregon, Oregon Caves National
Monument was established by Presidential Proclamation (36 Stat.
2497) in 1909 to protect and interpret a unique marble cave
formation. The national monument also preserves a remnant of
old-growth Douglas fir forest and Northwestern rustic
architecture within a National Historic District.
The 480 acres that make up the Oregon Caves National
Monument were included in a 1907 withdrawal of approximately
2,560 acres for the purposes of establishing a national
monument. The land included in the 1907 withdrawal that lies
outside of the Oregon Caves National Monument is administered
by the Forest Service as part of the Rogue River-Siskiyou
National Forest.
A 1998 general management plan prepared by the National
Park Service recommended a boundary expansion to protect a
watershed above the Oregon Caves and adjacent lands.
Legislation is needed to add the land under the original
withdrawal and an additional 1,030 acres of the Rogue River-
Siskiyou National Forest to the Oregon Caves National Monument.
S. 1270 will provide better protection for the cave ecology,
establish a logical topographical boundary, and enhance public
outdoor recreation opportunities.
Legislative History
S. 1270 was introduced by Senators Wyden and Merkley on
June 16, 2009. The Subcommittee on National Parks held a
hearing on the bill on July 22, 2009. The Committee on Energy
and Natural Resources considered the bill and adopted an
amendment in the nature of a substitute at its business meeting
on June 16, 2010. The Committee ordered S. 1270 favorably
reported, as amended, at its business meeting on June 21, 2010.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 21, 2010, by a voice vote of a quorum
present, recommends that the Senate pass S. 1270, if amended as
described herein.
Committee Amendment
During the consideration of S. 1270, the Committee adopted
an amendment in the nature of a substitute. In addition to
making several technical, clarifying, and conforming edits, the
amendment deletes the Congressional finding and purposes
section and a subsection relating to carrying out ecological
forest restoration activities at the Monument. It changes the
bill's designation of several waterways as ``components of'' to
``potential additions to'' the national wild and scenic rivers
system.
The amendment adopted by the Committee adds subsections
that modify the Oregon Cave National Monument's fire management
plan to include the transferred land and allow outstanding
Forest Service contracts to be completed on the transferred
land. The Committee amendment is further explained in detail in
the section-by-section analysis below.
Section-by-Section Analysis
Section 1 provides the short title, the ``Oregon Caves
National Monument Boundary Adjustment Act of 2010.''
Section 2 defines key terms used in the bill.
Section 3(a) designates the 4,070 acres of land currently
administered by the Rogue River-Siskiyou National Forest as a
National Preserve to be collectively known as the Oregon Caves
National Monument and Preserve.
Subsection (b) transfers administrative jurisdiction over
the National Preserve from the Secretary of Agriculture to the
Secretary of the Interior (Secretary), and adjusts the
boundaries of the Rogue-River-Siskiyou National Forest to
exclude the transferred land.
Subsection (c) adjusts the boundary of the Oregon Caves
National Monument and Preserve to exclude approximately four
acres of land located in the City of Cave Junction.
Subsection (d) requires that the National Park Service make
the map of the Oregon Caves National Monument and Preserve
available to the public.
Subsection (e) clarifies that any reference made in Federal
records to the Oregon Caves National Monument shall be
considered a reference to the Oregon Caves National Monument
and Preserve.
Section 4(a) directs the Secretary to administer the Oregon
Caves National Monument and Preserve in accordance with the
bill, the presidential proclamation made in 1909, and any law
generally applicable to units of the National Park System,
including the National Park Service Organic Act.
Subsection (b) directs the Secretary to revise the fire
management plan for the Oregon Cave National Monument to
include the transferred land, and carry out hazardous fuel
management activities on the transferred land in accordance
with the fire management plan.
Subsection (c) directs the Secretary to allow Forest
Service stewardship or service contracts related to the
transferred land that are executed on or before the date of
enactment of the bill to be completed, and to recognize the
authority of the Secretary of Agriculture in such contracts.
Subsection (d) requires the Secretary to allow livestock
grazing within the National Preserve to continue under permits
or leases in existence at the date of enactment of the bill at
a level no higher than the level at the date of enactment of
the bill.
Subsection (e) directs the Secretary to allow hunting and
fishing within the National Preserve in accordance with Federal
and State laws, but allows the Secretary, in consultation with
the Oregon Department of Fish and Wildlife, to designate zones
and periods in which hunting and fishing is not allowed due to
public safety, administration, or laws applicable to the
Secretary.
Section 5(a) directs the Secretary or the Secretary of
Agriculture to accept the donation of grazing leases or permits
for the Big Grayback Grazing Allotment and the Billy Mountain
Grazing Allotment. Upon donation of a lease or permit, the
Secretary is required to terminate the lease or permit to
ensure a permanent end to grazing on the donated land.
Subsection (b) clarifies that those who donate grazing
leases or permits waive any claims to range improvements on the
associated grazing allotments.
Section 6(a) amends section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) to designate the subterranean
segment of Cave Creek, known as the River Styx, as a scenic
river.
Subsection (b) amends section 5(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(a)) to designate several segments of
waterways within the Oregon Caves National Monument and
Preserve, including a 2.6-mile segment of Cave Creek, a 3.6-
mile segment of Lake Creek, a 0.6-mile segment of No Name
Creek, a 0.8-mile segment of Panther Creek, and a segment of
Upper Cave Creek, as potential additions to the National Wild
and Scenic Rivers System. Section 5(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)) is amended to direct the
Secretary to complete a study of the potential additions and
submit a report to Congress with the results no later than
three years after the date on which necessary funds are made
available.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1270--Oregon Caves National Monument Boundary Adjustment Act of 2010
Summary: S. 1270 would authorize the transfer of 4,070
acres of land from the Forest Service to the National Park
Service (NPS) to expand the boundaries of the Oregon Caves
National Monument. The bill also would require the Secretary of
the Interior to accept the donation of certain grazing permits
and to prohibit future grazing on land covered by those
permits. Finally, the bill would designate the River Styx as a
scenic river and require the Secretary to conduct additional
studies regarding the designation of other waterways in Oregon
as scenic rivers.
Assuming availability of appropriated funds, CBO estimates
that implementing the legislation would cost about $1 million
over the 2011-2015 period. Enacting S. 1270 could reduce
offsetting receipts (a credit against direct spending) from
grazing fees; therefore, pay-as-you-go procedures would apply.
However, CBO estimates that any reduction in those receipts
would be negligible for each year. Enacting the legislation
would not affect revenues.
S. 1270 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: CBO estimates
that implementing S. 1270 would cost $1 million over the 2011-
2015 period, assuming the availability of appropriated funds.
The costs of this legislation fall within budget function 300
(natural resources and environment). Enacting the legislation
also could result in a small loss of offsetting receipts from
grazing fees.
Basis of estimate: S. 1270 would authorize the transfer of
4,070 acres of land from the Forest Service to the NPS to
expand the boundaries of the Oregon Caves National Monument.
Because lands that would be exchanged under the bill are
already administered by a federal agency, CBO expects that
federal costs to manage the affected lands would not change
significantly. The bill also would require the Secretary of the
Interior to designate the River Styx as a scenic river and to
study the impact of designating certain other waterways in
Oregon as scenic rivers. Based on information from the NPS, CBO
estimates that carrying out those activities would cost about
$1 million over the 2011-2015 period.
The legislation would require the Secretary of the Interior
to accept donations of certain grazing permits from current
permit holders. Under the bill, donated permits would be
terminated and future grazing on land covered by those permits
would be prohibited. Based on information from the affected
agencies, CBO expects that those permits would be donated if
the bill is enacted. CBO estimates that offsetting receipts
collected from grazing fees would be reduced under the bill by
less than $7,000 over the 2010-2020 period.
Pay-as-you-go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. S. 1270 could reduce offsetting receipts (from
grazing fees) by prohibiting future grazing on certain land
covered by existing permits. However, CBO estimates that any
reduction in offsetting receipts would be negligible. The net
budgetary changes that are subject to pay-as-you-go procedures
are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1270, THE OREGON CAVES NATIONAL MONUMENT BOUNDARY ADJUSTMENT ACT OF 2010, AS ORDERED REPORTED BY THE SENATE
COMMITTEE ON ENERGY AND NATURAL RESOURCES ON JUNE 21, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact. 0 0 0 0 0 0 0 0 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 1270
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimate: On May 17, 2010, CBO transmitted a
cost estimate for H.R. 2889, the Oregon Caves National Monument
Boundary Adjustment Act of 2010, as ordered reported by the
House Committee on Natural Resources on May 5, 2010. The House
and Senate versions of the legislation are similar, and the CBO
cost estimates are the same.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine Assistant Director
for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1270.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1270, as ordered reported.
Congressionally Directed Spending
S. 1270, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the National Park Service and the
Forest Service at the July 22, 2009 Subcommittee hearing on S.
1270 follows:
Statement of Daniel N. Wenk, Acting Director, National Park Service,
Department of the Interior
Mr. Chairman and members of the committee, thank you for
the opportunity to present the views of the Department of the
Interior on S. 1270, a bill to modify the boundary of Oregon
Caves National Monument, and for other purposes.
The Department supports the intent of S. 1270 as consistent
with the General Management Plan (GMP) for the park, but
recommends deferring action on the bill to give us the
opportunity to continue exploring ways to maintain interagency
coordination. DOI and USDA look forward to reporting on these
discussions within 6 months.
S. 1270 would adjust the boundary of Oregon Caves National
Monument to include the addition of approximately 4,070 acres
to enhance the protection of resources associated with the
monument and to increase quality recreation opportunities. The
lands that would be added are currently managed by the U.S.
Forest Service as part of the Rogue-Siskiyou National Forest.
S. 1270 would designate approximately 7.6 miles of these
waterways as wild, scenic, or recreational under the Wild and
Scenic Rivers Act, including the first subterranean designated
waterway in the country, the River Styx, which flows through
the caves as a ``recreational'' river.
S. 1270 provides authority for the Secretary to protect the
water quality--in the caves and for public consumption--and to
administer the lands in accordance with current laws and
regulations. The Secretary is also directed to carry out
ecological forest restoration activities that would establish a
fire regime, manage revegetation projects, and reduce the risk
of losing key ecosystem components. The land that this bill
would transfer is categorized by the U.S. Forest Service as
condition class 3--high risk of fire. Most of it is also
designated as Late Successional Reserve under the Northwest
Forest Plan. We understand that the Forest Service is currently
working on a multi-year effort to reduce fuels under a
comprehensive forest plan which is intended to help restore the
appropriate role of fire in the entire ecosystem, which in turn
would benefit monument resources that are at risk from fire and
fire suppression damage.
The bill also requires the Secretary to accept any grazing
lease or permit that is donated by a lessee or permittee and
further requires that no new leases or permits be granted.
In 1907, the Secretary of the Interior withdrew
approximately 2,560 acres for the purposes of establishing a
national monument. The 1909 presidential proclamation
establishing Oregon Caves National Monument included only 480
acres. The monument was managed by the U.S. Forest Service
until its administration was transferred to the National Park
Service in 1933. The remaining withdrawal outside of the
monument is administered by the USFS as part of the Rogue-
Siskiyou National Forest. S. 1270 restores these lands to the
original monument boundary.
The explorer Joaquin Miller extolled ``The Wondrous marble
halls of Oregon!'' when speaking about the newly proclaimed
Oregon Caves National Monument in 1909. Oregon Caves is one of
the few marble caves in the country that is accessible to the
public. This park, tucked up in the winding roads of southern
Oregon, is known for its remoteness, the cave majesty and
unusual biota.
The stream flowing from the cave entrance is a tributary to
a watershed that empties into the Pacific Ocean. There are no
human-made obstructions that would prevent salmon migration,
which makes this the only cave in the National Park Service
with an unobstructed link to the ocean.
The caves are nationally significant and a favorite visit
for school kids and travelers alike. They remain alive and
healthy because of the watershed above them. The park
recognized this when developing the 1998 GMP and accompanying
Environmental Impact Statement. The plan recommended the
inclusion of the watershed into the park to provide for better
cave protection and to protect the surface and subsurface
hydrology and the public water supply.
If S. 1270 were enacted, there would be no acquisition
costs associated with the boundary expansion and we estimate
National Park Service's management, administrative,
interpretive, resource protection, and maintenance costs to be
approximately $300,000 to $750,000 annually.
The Department has four major issues with the bill at this
time:
1. Section 6 of the bill designates the River Styx as a
recreational river. The recreational status does not afford any
additional protection to the water or cave resources and may
encumber the current management of the cave resources.
2. Section 7 of the bill requires the Secretary to ensure
that forest attributes remain intact and functioning within a
``historical range''. However, because of environmental
uncertainties, it may be more prudent to use ``normal range of
ecosystem variability'' rather than ``historical range''.
3. Section 8 of the bill requires that if a grazing
permittee or lessee chooses to voluntarily donate a grazing
permit or lease within either the Big Grayback Grazing
Allotment (managed by the U.S. Forest Service) or the Billy
Mountain Grazing Allotment (managed by the BLM) the Secretary
shall accept the donation, terminate those permits or leases
and that those allotments shall be permanently retired. It is
our understanding that the same individual runs livestock on
both the Big Grayback and Billy Mountain Allotments. We note
that the Billy Mountain Grazing Allotment is approximately 15
miles from the boundary of the proposed monument expansion. We
would like the opportunity to work with the Committee and
sponsor to further explore these grazing provisions.
4. Section 9 of the bill discusses hunting, fishing and
trapping. We support the Administrative Exceptions under
subsection (b) since it provides flexibility in managing the
resources within the preserve. With respect to Section 9, we
would like to terminate hunting within the preserve after five
years with the acreage being converted to national monument
status. We base this request on the information collected
during the public participation process for the General
Management Plan. Of the 892 comments received on the plan, only
8, less than one percent, expressed concern about the loss of
hunting should the added acres be designated as part of the
national monument.
Mr. Chairman, this concludes my statement. I would be happy
to answer any questions that you may have.
Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest
Service, Department of Agriculture
S. 1270, The Oregon Caves National Monument Boundary Adjustment Act of
2009 and S. 635, To Amend the Wild and Scenic Rivers Act To Designate a
Segment of Illabot Creek in Skagit County, Washington, as a Component
of the National Wild and Scenic Rivers System
Thank you for inviting me to testify on S. 1270, the Oregon
Caves National Monument Boundary Adjustment Act of 2009, and S.
635, to Amend the Wild and Scenic Rivers Act to Designate A
Segment of Illabot Creek in Skagit County, Washington, as a
component of the National Wild and Scenic Rivers System.
s. 1270
S. 1270 would modify the boundary of the Oregon Caves
National Monument to include approximately 4,070 acres of land
currently managed by the Rogue River-Siskiyou National Forest.
The resulting Monument would be designated as the Oregon Caves
National Monument and Preserve. The bill would also designate
six segments of rivers as part of the National Wild and Scenic
Rivers System, and it would provide for possible termination of
grazing use on a Forest Service-managed grazing allotment, a
portion of which is located within the proposed boundary of the
Preserve. USDA believes that interagency coordination and
cooperation, with joint public involvement, is the most
effective way of managing the Oregon Caves National Monument
and surrounding Forest Service land. USDA and DOI look forward
to reporting on the progress of our interagency coordination
efforts within 6 months.
I would like to take this opportunity to discuss the
current status of cooperative management of the Rogue River-
Siskiyou National Forest and the Oregon Caves National Monument
and provide a few comments to the bill.
We believe interagency cooperation would carry out the
purpose of the bill to enhance the protection of the resources
associated with the Monument and increase public recreation
opportunities through a joint public involvement and review
process, to ensure that public concerns and desires are
addressed.
boundary adjustment and management
Section 4 of the bill would direct the Secretary of
Agriculture to transfer management of the National Forest
System Lands to the Secretary of the Interior, and to adjust
the boundary of the Rogue River-Siskiyou National Forest
accordingly. The 1998 Oregon Caves National Monument General
Management Plan by the Department of the Interior (DOI),
developed through the public National Environmental Policy Act
(NEPA) process, recommended a similar boundary expansion.
However, no coordinated study or formal dialogue between the
Departments (beyond that provided under NEPA during development
of the 1998 plan) has taken place on the issue of expansion.
The U.S. Forest Service is committed to cooperative
management across our respective jurisdictions.
The land managers of the Rogue River-Siskiyou National
Forest have three priorities:
Maintaining and protecting cave resources, hydrologic
resources, watersheds, and view sheds. Critical landscapes,
including cave resources and watersheds, are managed by
interagency collaboration. These resources, and the need to
manage them in a cooperative manner, extend well beyond the
proposed Monument boundary.
Improving forest health by addressing hazardous fuels. Most
of the proposed expansion area is designated in the Land and
Resource Management Plan as ``Late-Successional Reserve'' (LSR)
as defined under the Northwest Forest Plan. These areas are
intended to serve as habitat for late-successional and old-
growth related species. A majority of the LSR landscape within
this watershed, and the larger surrounding landscape managed by
the Forest Service, is in fire condition class 3--high risk of
damaging wildfire. Currently the Rogue River-Siskiyou National
Forest is removing hazardous fuels using timber contacts to
reduce fuels, both around the immediate vicinity of the
Monument and across watersheds. The Forest plans to treat
approximately 1550 acres to reduce hazardous fuels within the
proposed expansion area. ARRA funds are helping increase the
implementation rate of treatment in this area. Of the 1,550
acres, approximately 100 acres of hazardous fuels will be
removed by timber contract with volume estimated at 560
thousand board feet and an appraised value of approximately
$168,000. The remaining acreage will be treated using other
methods. These treatments are designed to restore the fire to
this ecosystem and will help ensure that the forest attributes
intended for the LSR, including bigger, older, more fire
resistant trees, remain intact. To that end, we fully endorse
the intent of section 7 of the proposed legislation to have
forest restoration activities continue on the proposed
expansion area. The hazardous fuel challenge in this region and
the danger of catastrophic fire cross all jurisdictions and is
one we all must work together to address.
Managing for multiple uses while minimizing any potential
impacts from harvest, grazing, mining, and road construction.
On National Forest lands surrounding the Monument, timber
harvesting, grazing and special forest product harvesting (i.e.
bear grass, firewood, mushrooms, etc.) are allowed only if they
meet resource objectives, as described above. Road management
is limited to maintenance and reconstruction activities; no new
roads are planned. Moreover, interagency collaboration provides
additional oversight of these multiple-use activities.
relinquishment and retirement of grazing permits
Section 8 of the legislation would require the Secretary of
the Interior to permit livestock grazing at a level not greater
than the level at which grazing exists on the date of
enactment. The legislation also would direct the Secretary of
Agriculture to accept any donation of a grazing permit by the
permit holder for grazing on the Forest Service managed Big
Grayback grazing allotment and if such a donation is received,
ensure an end to grazing on the entire allotment. Under this
legislation, only a small portion of the Big Grayback allotment
would become part of the proposed Preserve, but the legislation
would end grazing on a large area of land outside the Preserve.
We look forward to working with the Committee to address
grazing management issues.
recreational opportunities
Current recreation on the portion of the National Forest
proposed to be transferred includes horseback riding, hunting
and fishing, gathering, camping, backpacking, and hiking. We
support the requirement in section 9 that fishing, hunting and
trapping be permitted in the proposed National Preserve with
some limitations.
wild and scenic rivers
Section 6 of the proposed legislation provides for the
addition of six river segments to the National Wild and Scenic
Rivers System (NWSRS). The Siskiyou National Forest analyzed
all tributaries to the Illinois River on National Forest System
lands for eligibility for inclusion in the National Wild and
Scenic Rivers System as part of a 1989 settlement agreement to
an appeal of the Land and Resource Management Plan. None of the
four rivers included partly or entirely in the current Monument
expansion proposal were found to meet the criteria for
eligibility at that time. The segments within the proposed
expansion area should be re-evaluated for their eligibility to
be included in or added to the National Wild and Scenic Rivers
System.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1270, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
WILD AND SCENIC RIVERS ACT
(Public Law 90-542; Approved October 2, 1968)
[16 U.S.C 1271 et seq.]
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
this Act may be cited as the ``Wild and Scenic Rivers Act''.
* * * * * * *
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
* * * * * * *
(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.
* * * * * * *
Sec. 5. (a). The following rivers are hereby designated for
potential addition to the national wild and scenic rivers
system:
* * * * * * *
(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.
* * * * * * *
(b)(1) The studies of rivers named in subparagraphs (28)
through (55) of subsection (a) of this section shall be
completed and reports thereon submitted by not later than
October 2, 1979: Provided, That with respect to the rivers
named in subparagraphs (33), (50), and (51), the Secretaries
shall not commence any studies until (i) the State legislature
has acted with respect to such river or (ii) one year from the
date of enactment of this Act, whichever is earlier. Studies of
the river named in paragraphs (38), (55), (83), and (87) shall
be completed and the reports transmitted to the Congress not
later than January 1, 1987.
* * * * * * *
(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.
* * * * * * *