[Senate Report 110-367]
[From the U.S. Government Publishing Office]
Calendar No. 799
110th Congress Report
SENATE
2d Session 110-367
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CASCADE-SISKIYOU NATIONAL MONUMENT VOLUNTARY AND EQUITABLE GRAZING
CONFLICT RESOLUTION ACT
_______
June 16, 2008.--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. 2379]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2379) to authorize the Secretary of the
Interior to cancel certain grazing leases on land in Cascade-
Siskiyou National Monument that are voluntarily waived by the
lessees, to provide for the exchange of certain Monument land
in exchange for private land, to designate certain Monument
land as wilderness, 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 ``Cascade-Siskiyou National Monument
Voluntary and Equitable Grazing Conflict Resolution Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Box r ranch land exchange map.--The term ``Box R Ranch
land exchange map'' means the map entitled ``Proposed Rowlett
Land Exchange'' and dated June 13, 2006.
(2) Bureau of land management land.--The term ``Bureau of
Land Management land'' means the approximately 40 acres of land
administered by the Bureau of Land Management identified as
``Rowlett Selected'', as generally depicted on the Box R Ranch
land exchange map.
(3) Deerfield land exchange map.--The term ``Deerfield land
exchange map'' means the map entitled ``Proposed Deerfield-BLM
Property Line Adjustment'' and dated May 1, 2008.
(4) Deerfield parcel.--The term ``Deerfield parcel'' means
the approximately 1.5 acres of land identified as ``From
Deerfield to BLM'', as generally depicted on the Deerfield land
exchange map.
(5) Federal parcel.--The term ``Federal parcel'' means the
approximately 1.3 acres of land administered by the Bureau of
Land Management identified as ``From BLM to Deerfield'', as
generally depicted on the Deerfield land exchange map.
(6) Grazing allotment.--The term ``grazing allotment'' means
any of the Box R, Buck Lake, Buck Mountain, Buck Point, Conde
Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly,
Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and
Soda Mountain grazing allotments in the State.
(7) Grazing lease.--The term ``grazing lease'' means any
document authorizing the use of a grazing allotment for the
purpose of grazing livestock for commercial purposes.
(8) Landowner.--The term ``Landowner'' means the owner of the
Box R Ranch in the State.
(9) Lessee.--The term ``lessee'' means a livestock operator
that holds a valid existing grazing lease for a grazing
allotment.
(10) Livestock.--The term ``livestock'' does not include
beasts of burden used for recreational purposes.
(11) Monument.--The term ``Monument'' means the Cascade-
Siskiyou National Monument in the State.
(12) Rowlett parcel.--The term ``Rowlett parcel'' means the
parcel of approximately 40 acres of private land identified as
``Rowlett Offered'', as generally depicted on the Box R Ranch
land exchange map.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) State.--The term ``State'' means the State of Oregon.
(15) Wilderness.--The term ``Wilderness'' means the Soda
Mountain Wilderness designated by section 6(a).
(16) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Soda Mountain Wilderness'' and dated May 5,
2008.
SEC. 3. VOLUNTARY GRAZING LEASE DONATION PROGRAM.
(a) Existing Grazing Leases.--
(1) Donation of lease.--
(A) Acceptance by secretary.--The Secretary shall
accept any grazing lease that is donated by a lessee.
(B) Termination.--The Secretary shall terminate any
grazing lease acquired under subparagraph (A).
(C) No new grazing lease.--Except as provided in
paragraph (3), with respect to each grazing lease
donated under subparagraph (A), the Secretary shall--
(i) not issue any new grazing lease within
the grazing allotment covered by the grazing
lease; and
(ii) ensure a permanent end to livestock
grazing on the grazing allotment covered by the
grazing lease.
(2) Donation of portion of grazing lease.--
(A) In general.--A lessee with a grazing lease for a
grazing allotment partially within the Monument may
elect to donate only that portion of the grazing lease
that is within the Monument.
(B) Acceptance by secretary.--The Secretary shall
accept the portion of a grazing lease that is donated
under subparagraph (A).
(C) Modification of lease.--Except as provided in
paragraph (3), if a lessee donates a portion of a
grazing lease under subparagraph (A), the Secretary
shall--
(i) reduce the authorized grazing level and
area to reflect the donation; and
(ii) modify the grazing lease to reflect the
reduced level and area of use.
(D) Authorized level.--To ensure that there is a
permanent reduction in the level and area of livestock
grazing on the land covered by a portion of a grazing
lease donated under subparagraph (A), the Secretary
shall not allow grazing to exceed the authorized level
and area established under subparagraph (C).
(3) Common allotments.--
(A) In general.--If a grazing allotment covered by a
grazing lease or portion of a grazing lease that is
donated under paragraph (1) or (2) also is covered by
another grazing lease that is not donated, the
Secretary shall reduce the grazing level on the grazing
allotment to reflect the donation.
(B) Authorized level.--To ensure that there is a
permanent reduction in the level of livestock grazing
on the land covered by the grazing lease or portion of
a grazing lease donated under paragraph (1) or (2), the
Secretary shall not allow grazing to exceed the level
established under subparagraph (A).
(b) Limitations.--The Secretary--
(1) with respect to the Agate, Emigrant Creek, and Siskiyou
allotments in and near the Monument--
(A) shall not issue any grazing lease; and
(B) shall ensure a permanent end to livestock grazing
on each allotment; and
(2) shall not establish any new allotments for livestock
grazing that include any Monument land (whether leased or not
leased for grazing on the date of enactment of this Act).
(c) Effect of Donation.--A lessee who donates a grazing lease or a
portion of a grazing lease 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. 4. BOX R RANCH LAND EXCHANGE.
(a) In General.--For the purpose of protecting and consolidating
Federal land within the Monument, the Secretary--
(1) may offer to convey to the Landowner the Bureau of Land
Management land in exchange for the Rowlett parcel; and
(2) if the Landowner accepts the offer--
(A) the Secretary shall convey to the Landowner all
right, title, and interest of the United States in and
to the Bureau of Land Management land; and
(B) the Landowner shall convey to the Secretary all
right, title, and interest of the Landowner in and to
the Rowlett parcel.
(b) Surveys.--
(1) In general.--The exact acreage and legal description of
the Bureau of Land Management land and the Rowlett parcel shall
be determined by surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined by
the Secretary and the Landowner.
(c) Conditions.--The conveyance of the Bureau of Land Management land
and the Rowlett parcel under this section shall be subject to--
(1) valid existing rights;
(2) title to the Rowlett parcel being acceptable to the
Secretary and in conformance with the title approval standards
applicable to Federal land acquisitions;
(3) such terms and conditions as the Secretary may require;
and
(4) except as otherwise provided in this section, any laws
(including regulations) applicable to the conveyance and
acquisition of land by the Bureau of Land Management.
(d) Appraisals.--
(1) In general.--The Bureau of Land Management land and the
Rowlett parcel shall be appraised by an independent appraiser
selected by the Secretary.
(2) Requirements.--An appraisal conducted under paragraph (1)
shall be conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisition; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) Approval.--The appraisals conducted under this subsection
shall be submitted to the Secretary for approval.
(e) Grazing Allotment.--As a condition of the land exchange
authorized under this section, the lessee of the grazing lease for the
Box R grazing allotment shall donate the Box R grazing lease in
accordance with section 3(a)(1).
SEC. 5. DEERFIELD LAND EXCHANGE.
(a) In General.--For the purpose of protecting and consolidating
Federal land within the Monument, the Secretary--
(1) may offer to convey to Deerfield Learning Associates the
Federal parcel in exchange for the Deerfield parcel; and
(2) if Deerfield Learning Associates accepts the offer--
(A) the Secretary shall convey to Deerfield Learning
Associates all right, title, and interest of the United
States in and to the Federal parcel; and
(B) Deerfield Learning Associates shall convey to the
Secretary all right, title, and interest of Deerfield
Learning Associates in and to the Deerfield parcel.
(b) Surveys.--
(1) In general.--The exact acreage and legal description of
the Federal parcel and the Deerfield parcel shall be determined
by surveys approved by the Secretary.
(2) Costs.--The responsibility for the costs of any surveys
conducted under paragraph (1), and any other administrative
costs of carrying out the land exchange, shall be determined by
the Secretary and Deerfield Learning Associates.
(c) Conditions.--
(1) In general.--The conveyance of the Federal parcel and the
Deerfield parcel under this section shall be subject to--
(A) valid existing rights;
(B) title to the Deerfield parcel being acceptable to
the Secretary and in conformance with the title
approval standards applicable to Federal land
acquisitions;
(C) such terms and conditions as the Secretary may
require; and
(D) except as otherwise provided in this section, any
laws (including regulations) applicable to the
conveyance and acquisition of land by the Bureau of
Land Management.
(d) Appraisals.--
(1) In general.--The Federal parcel and the Deerfield parcel
shall be appraised by an independent appraiser selected by the
Secretary.
(2) Requirements.--An appraisal conducted under paragraph (1)
shall be conducted in accordance with--
(A) the Uniform Appraisal Standards for Federal Land
Acquisition; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) Approval.--The appraisals conducted under this subsection
shall be submitted to the Secretary for approval.
SEC. 6. SODA MOUNTAIN WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), approximately 24,100 acres of Monument land, as
generally depicted on the wilderness map, is designated as wilderness
and as a component of the National Wilderness Preservation System, to
be known as the ``Soda Mountain Wilderness''.
(b) Map and Legal Description.--
(1) Submission of map and legal description.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall file a map and legal description of the
Wilderness with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force and effect.--
(A) In general.--The map and legal description filed
under paragraph (1) shall have the same force and
effect as if included in this Act, except that the
Secretary may correct any clerical or typographical
error in the map or legal description.
(B) Notification.--The Secretary shall submit to
Congress notice of any changes made in the map or legal
description under subparagraph (A), including notice of
the reason for the change.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(c) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(A) any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be
considered to be a reference to the date of enactment
of this Act; and
(B) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to
the Secretary of the Interior.
(2) Fire, insect, and disease management activities.--Except
as provided by Presidential Proclamation Number 7318, dated
June 9, 2000 (65 Fed. Reg. 37247), within the wilderness areas
designated by this Act, the Secretary may take such measures in
accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)) as are necessary to control fire, insects,
and diseases, subject to such terms and conditions as the
Secretary determines to be desirable and appropriate.
(3) Livestock.--Except as provided in section 3 and by
Presidential Proclamation Number 7318, dated June 9, 2000 (65
Fed. Reg. 37247), the grazing of livestock in the Wilderness,
if established before the date of enactment of this Act, shall
be permitted to continue subject to such reasonable regulations
as are considered necessary by the Secretary in accordance
with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-405).
(4) Fish and wildlife management.--In accordance with section
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing
in this Act affects the jurisdiction of the State with respect
to fish and wildlife on public land in the State.
(5) Incorporation of acquired land and interests.--Any land
or interest in land within the boundary of the Wilderness that
is acquired by the United States shall--
(A) become part of the Wilderness; and
(B) be managed in accordance with this Act, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
SEC. 7. EFFECT.
Nothing in this Act--
(1) affects the authority of a Federal agency to modify or
terminate grazing permits or leases, except as provided in
section 3;
(2) authorizes the use of eminent domain;
(3) creates a property right in any grazing permit or lease
on Federal land;
(4) establishes a precedent for future grazing permit or
lease donation programs; or
(5) affects the allocation, ownership, interest, or control,
in existence on the date of enactment of this Act, of any
water, water right, or any other valid existing right held by
the United States, an Indian tribe, a State, or a private
individual, partnership, or corporation.
PURPOSE
The purposes of S. 2379 are to authorize the Secretary of
the Interior to accept and terminate Federal grazing lessees
within and near the Cascade-Siskiyou National Monument in
Oregon that are voluntarily donated, to designate the
approximately 24,100-acre Soda Mountain Wilderness, and to
authorize the exchange of certain land within the National
Monument.
BACKGROUND AND NEED
Located in southwestern Oregon along the Oregon-California
border, the 52,000 acre Cascade-Siskiyou National Monument
(``Monument'') was established by President Clinton in June of
2000 under the authority of the Antiquities Act. As noted in
the presidential proclamation establishing the Monument, the
Monument includes towering fir forests, sunlit oak groves,
wildflower-strewn meadows, and steep canyons. The Monument--
which is managed by the Bureau of Land Management (``BLM'')--
encompasses a cross-section of the Cascade, Klamath, and
Siskiyou ecoregions, an area of unique geology, biology,
climate, and topography.
The Monument includes grass and shrublands, oak woodlands,
juniper scablands, mixed conifer and white fir forests, wet
meadows, and stream bottoms that support broad-leaf deciduous
riparian trees and shrubs. It provides important habitat for
many different types of animals, including old-growth habitat
crucial to the threatened northern spotted owl and numerous
other bird species, and important winter habitat for deer. It
also includes one of the highest diversities of butterfly
species in the United States and contains important populations
of small mammal, reptile, and amphibian species.
The proclamation establishing the Monument directed the
Secretary of the Interior to ``study the impacts of livestock
grazing on the objects of biological interest in the Monument
with specific attention to sustaining the natural ecosystem
dynamics.'' Proclamation No. 7318 (June 9, 2000), 65 Fed. Reg.
37,247. Currently, eleven ranchers hold grazing leases for
2,714 active animal unit months within the Monument. The
proclamation allowed existing grazing leases to continue, but
provided that if grazing is found incompatible with protecting
the objects of biological interest, the Secretary is directed
to retire the grazing allotments pursuant to the processes of
applicable law. It also provides that, ``should grazing permits
or leases be relinquished by existing holders, the Secretary
shall not reallocate the forage available under such permits or
for livestock grazing purposes unless the Secretary
specifically finds, pending the outcome of the study, that such
reallocation will advance the purposes of the proclamation.''
On January 24, 2008, the BLM announced that it had
completed its livestock impact studies for the Monument. The
findings from the studies, and all other available data, will
be used to determine whether the allotments are meeting the
standards for rangeland health. This information also will be
used to determine if livestock grazing is consistent with the
proclamation.
A final decision to maintain, modify, or cancel (retire)
the existing grazing lease authorizations is scheduled for the
end of 2008. Initial summaries of the study note that the
Monument has experienced 150 years of livestock influence; that
the pattern, seasonality, and intensity of use have changed
over time; that there have been many range-related activities
over time (mechanical scarification, herbicide/fertilizer
application, prescribed fire seeding); that over 50 non-native
forbs and grasses have been introduced since 1950; and that
intense use by livestock, deer, and elk excludes certain macro-
invertebrate species considered intolerant of disturbance.
To facilitate the timely end of grazing activities within
the Monument, S. 2379 authorizes the Secretary to accept and
terminate donated Federal grazing leases. The bill also
designates approximately 23,000 acres within the Monument as
the Soda Mountain Wilderness, and authorizes two land exchanges
within the Monument.
LEGISLATIVE HISTORY
S. 2379 was introduced by Senators Smith and Wyden on
November 16, 2007. The Subcommittee on Public Lands and Forests
held a hearing on the bill on February 27, 2008. At its
business meeting on May 7, 2008, the Committee on Energy and
Natural Resources ordered S. 2379 favorably reported, with an
amendment in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass S. 2379, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 2379, the Committee adopted
an amendment in the nature of a substitute. The amendment
excludes provisions from the bill that would have provided
Federal compensation for lessees that waived their grazing
leases, and instead includes direction to the Secretary to
terminate leases and reduce livestock grazing levels if leases
are voluntarily donated. The amendment also includes
authorization to carry out the Deerfield land exchange, and
makes other technical and conforming changes. The amendment is
described in detail in the section-by-section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title of the bill.
Section 2 contains the definitions for the bill.
Section 3(a) provides for the donation, acceptance, and
termination of certain grazing leases. This section is intended
to reflect that portion of the proclamation that provides that
``should grazing permits or leases be relinquished by existing
holders, the Secretary shall not reallocate the forage
available under such permits or for livestock grazing
purposes.'' The Committee notes that decisions made under this
section should be transparent and that information regarding
the donations and subsequent decisions should be available to
the public.
Paragraph (1) directs the Secretary to accept and terminate
any grazing lease that is donated in its entirety. Subparagraph
(C) directs the Secretary to permanently end livestock grazing
on the grazing allotment covered by a lease donated under
subparagraph (A), unless the allotment is a common allotment
covered by another lease that is not donated (which is governed
by paragraph (3)).
Paragraph (2) establishes that a lessee is permitted to
donate only that portion of a grazing lease that is within the
Monument. In that case, the Secretary is directed to accept the
portion of the grazing lease that authorizes grazing within the
Monument. Unless the allotment is a common allotment covered by
another lease that is not donated (which is governed by
paragraph (3)), the Secretary is directed to modify the lease
to ensure a permanent end to livestock grazing on the portion
of the grazing allotment that is within the Monument. The
Secretary also is directed to reduce the authorized grazing
level for the lease to reflect the donation of the portion of
the grazing lease within the Monument. This provision clarifies
that the donation of the portion of the lease within the
Monument will not affect the portion of the lease that is
outside of the Monument (i.e. either by allowing for an
increase or requiring a decrease in grazing levels outside of
the Monument as a result of the donation).
Paragraph (3) governs the donation of one lease--or a
portion of one lease within the Monument--for a common
allotment. In such a case, the Secretary is directed to reduce
both the authorized grazing level and the actual grazing level
on the grazing allotment to reflect the donation of the lease.
The Secretary also is directed to ensure that the reduction in
the authorized and actual level of grazing on the allotment is
permanent. This provision is intended to make clear that the
remaining lease will neither be disadvantaged nor advantaged by
the donation of the other lease. The requirement for the
Secretary to reduce the actual level of grazing on the
allotment reflects that intent, as it would be inconsistent
with this provision if the remaining lessee were permitted to
increase grazing levels as a result of the donation of the
other lease and the termination of the grazing that occurred
under it.
Subsection (b) directs the Secretary to keep the Agate,
Emigrant Creek, and Siskiyou allotments permanently free of
livestock grazing. It also directs the Secretary to not
establish any new grazing allotments within the Monument. This
provision ensures that all land within the Monument that is not
currently leased for grazing remains permanently free of
livestock grazing and that no additional allotments will be
established to expand livestock grazing.
Subsection (c) establishes that a lessee that donates a
grazing lease or a portion of a grazing lease waives any claim
to any range improvement associated with the grazing allotment
or portion of the grazing allotment.
Section 4(a) authorizes the Secretary to exchange
approximately 40 acres of BLM land for approximately 40 acres
of private land to facilitate the reduction of grazing in
accordance with section 3, to improve management, and to
otherwise further the protective purposes of the Monument.
Subsection (b) requires surveys to determine the exact
acreage and legal description of the land to be exchanged, and
directs the parties to determine the appropriate allocation of
costs.
Subsection (c) states that the exchange shall be subject to
(1) valid existing rights, (2) the title being in a form
acceptable to the Secretary and in conformance with applicable
standards, (3) such terms and conditions as the Secretary may
require to further public interests, and (4) applicable law
(including section 206 of the Federal Land Policy and
Management Act, which includes, for example, provisions that
govern equalization of values, determination of costs, and the
status of acquired lands).
Subsection (d) requires the land to be appraised by an
independent appraiser that is selected by the Secretary, and
that the appraisal be conducted in accordance with standard
practices and approved by the Secretary.
Subsection (e) requires the lessee of the Box R grazing
allotment to donate the entire grazing lease for the allotment
pursuant to section 3(a)(1) as a condition of carrying out the
exchange.
Section 5(a) authorizes the Secretary to exchange
approximately 1.3 acres of BLM land for approximately 1.5 acres
of private land to resolve an inadvertent trespass in a manner
that benefits the Monument.
Subsection (b) requires surveys to determine the exact
acreage and legal description of the land to be exchanged, and
directs the parties to determine the appropriate allocation of
costs (considering, for example, whether the origin of the
trespass was a result of a private error or a Federal error).
Subsection (c) states that the exchange shall be subject to
(1) valid existing rights, (2) the title being in a form
acceptable to the Secretary and in conformance with applicable
standards, (3) such terms and conditions as the Secretary may
require to further public interests, and (4) applicable law
(such as section 206 of the Federal Land Policy and Management
Act, which includes, for example, provisions that govern
equalization of values, determination of costs, and the status
of acquired lands).
Subsection (d) requires the land to be appraised by an
independent appraiser that is selected by the Secretary, and
that the appraisal be conducted in accordance with standard
practices and approved by the Secretary.
Section 6(a) designates approximately 24,100 acres of BLM
land within the Monument as the Soda Mountain Wilderness.
Subsection (b) directs the Secretary to file a map and
legal description of the wilderness with the appropriate
congressional committees, authorizes the Secretary to correct
any clerical or typographical errors in the map or legal
description, and requires the map and legal description to be
kept on file and available to the public in the appropriate
offices of the BLM.
Subsection (c) provides for the administration of the Soda
Mountain Wilderness. The Committee also notes that nothing in
the bill creates a protective perimeter or buffer zone around
the wilderness, and the fact that a nonwilderness activity or
use can be seen or heard from the wilderness does not preclude
the conduct of the activity or use outside the boundary of the
wilderness.
Paragraph (1) directs the Secretary to administer the
wilderness in accordance with the Wilderness Act and subject to
valid existing rights.
Paragraph (2) clarifies that the Secretary may control
fire, insects and diseases in the wilderness in a manner that
is in accordance with the Wilderness Act and the proclamation
establishing the Monument.
Paragraph (3) clarifies that livestock grazing in the
wilderness shall be permitted to continue in a manner that is
in accordance with the Wilderness Act, the proclamation, and
the specified guidelines. Section 3 of the bill also provides
applicable direction for grazing administration within the
wilderness.
Paragraph (4) clarifies that nothing in this Act affects
the jurisdiction of the State of Oregon with respect to fish
and wildlife.
Paragraph (5) clarifies that any land or interest in land
that is acquired within the boundary of the wilderness shall
become part of the wilderness.
Section (7) includes five savings clauses.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2379--Cascade-Siskiyou National Monument Voluntary and Equitable
Grazing Conflict Resolution Act
S. 2379 would create a program to reduce grazing within the
Cascade-Siskiyou National Monument in Oregon. In addition, the
bill also would establish the Soda Mountain Wilderness on about
24,000 acres of land within the monument and authorize two land
exchanges with nearby landowners. Based on information provided
by the Bureau of Land Management (BLM), CBO estimates that
implementing S. 2379 would have no significant effect on
federal spending and would not affect revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
S. 2379 would direct BLM to accept donations of existing
grazing leases on monument lands if the holders of those leases
choose to donate them. The agency would then retire grazing
allotments (or portions of allotments) on those areas. Also,
BLM would convey to two private landowners around 40 acres of
land within the monument in exchange for similar acreage and
would retire the grazing lease that would be donated by one of
the owners as a condition of exchange. Responsibility for the
costs of the exchanges, such as appraisal fees, would be
negotiated by the agency and the landowners.
CBO estimates that accepting donations of grazing leases
under S. 2379 would have no significant effect on the federal
budget. Currently, BLM earns offsetting receipts of less than
$5,000 annually on all of the grazing leases that might be
terminated under the bill. No other receipts are earned on the
federal land to be exchanged under the bill, and the federal
share of costs--if any--related to the two exchanges would be
minimal.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy 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. 2379. 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. 2379, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2379 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 views of the Administration were included in testimony
received by the Committee at a hearing on S. 2379 on February
27, 2008, which is printed below.
Statement of Luke Johnson, Deputy Director, Bureau of Land Management
Thank you for the opportunity to testify on S. 2379, the
Cascade-Siskiyou National Monument Voluntary and Equitable
Grazing Conflict Resolution Act. While we support the goals of
this legislation we cannot support some of the specific
provisions. We would like the opportunity to work with the
sponsor and the Committee to address these issues.
background
The Cascade-Siskiyou National Monument (Monument) was
established by Presidential Proclamation on June 9, 2000.
Encompassing nearly 53,000 acres of Federal land managed by the
Bureau of Land Management (BLM), the Monument is a place of
great biological diversity due to its location at the
confluence of three converging mountain ecoregions--the
Cascade, Klamath and Eastern Cascade. The proclamation withdrew
these public lands from a number of uses and limited commercial
harvest of timber within the Monument ``except when part of an
authorized science-based ecological restoration project.''
Additionally, the proclamation directed the Secretary of the
Interior to undertake a study of livestock grazing within the
Cascade-Siskiyou National Monument and the effects of grazing
on the Monument with specific attention to sustaining the
natural ecosystem dynamics.
The BLM has been managing the Monument consistent with the
proclamation for nearly eight years. A comprehensive management
plan is currently pending final approval. Additionally, the BLM
recently completed the mandated studies of livestock impacts
within the Monument and released them to the public. The
findings of these studies are currently being evaluated by the
BLM, along with other available data, to determine whether
grazing is occurring consistent with the Presidential
Proclamation establishing the Monument. Currently 11 ranchers
hold grazing leases within the Monument that authorize use of
2,714 active animal unit months (AUMs).
s. 2379
S. 2379, the Cascade-Siskiyou National Monument Voluntary
and Equitable Grazing Conflict Resolution Act, provides for: a
Federal buyout of grazing preferences within the Monument; a
land exchange within the Monument between the BLM and a private
landowner; and, the designation of approximately 23,000 acres
of land within the Monument as wilderness. The bill as
introduced references maps without dates. It is our
understanding that it is the sponsor's intention to reference a
map created by the BLM at the request of his office. This
testimony is based on that map dated December 12, 2006.
Section 4 of S. 2379 establishes a program to buy out
grazing lessees within the Monument, requiring the Secretary
(subject to the availability of funds) to offer payment of $300
an AUM to ranchers with authorized grazing within the Monument.
If an individual rancher accepts the payment, the Secretary
then must terminate the grazing lease and permanently end
grazing in the allotment or portion of the grazing allotment.
Donation of grazing leases, and subsequent mandatory grazing
closures, are also contained in the bill. In addition, the BLM
is obligated under the bill to construct and maintain fencing
to exclude livestock from grazing allotments where the BLM may
no longer lease grazing use. Finally, three grazing allotments
that have been vacant for over a decade are permanently retired
from grazing by the legislation.
The BLM is opposed to Federal government buyouts of grazing
permits and the permanent retirement of those permits. However,
the BLM also recognizes the value of working cooperatively and
collaboratively with local stakeholders to fulfill its multiple
use mission on BLM lands. The BLM is committed to working with
the Committee, the sponsors, and stakeholders in the spirit of
cooperative conservation within our existing authority.
In addition, we are opposed to language obligating the
Federal government to both construction and maintenance of
fencing. Typically, fencing decisions are made cooperatively by
the BLM and the permittee, and the BLM encourages cooperative
cost sharing. The BLM's range improvement policy requires that
the BLM assign maintenance of structural range improvements,
such as fences, to the permittee who is obligated to maintain
them. This legislation represents a serious divergence from two
decades of land management practices.
Section 5 of the bill provides for a land exchange between
the BLM and the Box R Ranch. We believe that the public
interest would be served by this exchange; however, we
recommend that the bill be amended to ensure that the exchange
is consistent with section 206 of the Federal Land Policy
Management Act regarding government land exchanges, including
appraisals and equal value exchange. Appraisals should follow
nationally recognized appraisal standards, such as the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice. The owner
of Box R Ranch is obligated under Section 5 to donate his
grazing lease to the Federal government. It is unclear if the
intent is to value the grazing lease as part of the exchange.
As noted above, we believe the exchange should independently
stand on its own.
The BLM-managed land proposed for exchange is an isolated
parcel of land surrounded by the Box R Ranch. The private land
proposed for exchange to the Federal government is important
habitat for Jenny Creek suckers and redband trout (both
sensitive fish species), and its acquisition is consistent with
the goals of the Monument. We should note that both parcels are
within the Monument boundary.
Section 6 of S. 2379, designates approximately 23,000 acres
of BLM-managed land within the Monument as the Soda Mountain
Wilderness (this includes the present Soda Mountain Wilderness
Study Area (WSA)). The proposed Soda Mountain Wilderness hosts
an unusually high variety of species in a geographically small
area due to several complex biological and geological factors
and processes operating simultaneously. Ranging from 2,300 feet
to 6,000 feet, the proposed wilderness area is a jewel of
biological variety and encompasses some of the most diverse
vegetation in the Cascade-Siskiyou National Monument. Plant
communities include open grassy slopes and meadows, hardwood
and shrub woodlands, as well as dense mixed conifer and white
fir forests. The Oregon Gulch Research Natural Area, with its
mixed conifer Douglas-fir and Ponderosa forest with large Sugar
Pine and incense cedar, and Scotch Creek Research Natural Area,
with steep-sided drainages and waterfalls, are within the
proposed wilderness. Along with one of the highest diversities
of butterfly species in the United States (as many as 112
different species have been identified within the Monument),
the area is also home to an extensive population of small and
large mammals (including black-tailed deer, elk, bear, mountain
lions and bobcats), as well as widespread fish species in the
many creeks. The area provides critical habitat for several
sensitive, rare, threatened, and/or endangered species such as
peregrine falcons, northern spotted owls, Greene's mariposa
lily, Gentner's frittilary, Bellinger's meadow foam, redband
trout, and the Mardon skipper butterfly.
Congress has the sole authority to designate lands to be
managed permanently as wilderness. We believe these areas are
manageable as wilderness, and we support the designation. There
are some technical issues related to section 6 that we would
like the opportunity to clarify. In particular, we would like
the opportunity to work with the sponsor and the Committee on
possible minor boundary adjustments to ensure efficient
manageability and avoid conflicts.
Section 8 of the bill authorizes appropriations for
compensation for grazing buyouts, fencing and other costs to
exclude cattle from allotments that are retired. We oppose this
section, and note that the amounts authorized appear
insufficient to complete the work anticipated by the bill and
that the BLM does not have alternative sources of funding. In
addition, the authorized amounts are not included in the FY2009
President's Budget request and are not available within current
Congressional appropriations.
In addition to the specific issues we have raised, there
are a number of minor or technical modifications (including
mapping issues) that we would like to discuss with the sponsor,
as well as the Committee, before this legislation moves
forward.
Thank you for the opportunity to testify. I will be happy
to answer any questions.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2379 as ordered
reported.