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16 U.S.C. § 410vvvOregon Caves National Monument and Preserve

submitted 12 years ago by Pub. L. 113-291 to r/title-16-CONSERVATION · 956 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law adds about 4,070 acres to Oregon Caves National Monument as a new National Preserve, transferring that land from the Forest Service to the National Park Service. It also removes about 4 acres near Cave Junction from the monument's boundary. The combined site is now called Oregon Caves National Monument and Preserve, and grazing, hunting, and fishing can continue there under specific rules.

(a) Definitions: Defines "map" as the official May 2010 boundary map; "Monument" as the Oregon Caves National Monument created by Presidential Proclamation Number 876, dated July 12, 1909; "National Monument and Preserve" as the combined site named below; "National Preserve" as the new preserve land; "Secretary" as the Secretary of the Interior; "Secretary concerned" as the Secretary of Agriculture (for National Forest land) or the Secretary of the Interior (for Bureau of Land Management land); and "State" as Oregon. (b) Designations; land transfer; boundary adjustment: (1) The Monument and the new National Preserve are run as one National Park System unit, together called "Oregon Caves National Monument and Preserve." The roughly 4,070 acres shown on the map as "Proposed Addition Lands" become the National Preserve. (2) Control over that new Preserve land moves from the Secretary of Agriculture to the Secretary, to be run as part of the combined site; the Rogue River-Siskiyou National Forest's boundaries are adjusted to remove this transferred land. (3) The combined site's boundary is also adjusted to remove about 4 acres in the City of Cave Junction, shown on the map as the "Cave Junction Unit." (4) The map must be kept on file and open for public inspection at National Park Service offices. (5) Any reference in a law, map, regulation, or other government record to "the Monument" now means "Oregon Caves National Monument and Preserve." (c) Administration: (1) The Secretary must run the combined site under this section, the 1909 Presidential Proclamation, and the laws generally applicable to National Park System units, including the National Park Service Organic Act. (2) As soon as practical after December 19, 2014, the Secretary must update the Monument's fire management plan to cover the newly transferred land, and must carry out hazardous-fuel management following that updated plan. (3) Existing Forest Service contracts: (A) The Secretary must let any Forest Service stewardship or service contract signed as of December 19, 2014 be finished out, and must recognize the Secretary of Agriculture's authority to administer that contract until it's done. (B) All the contract's original terms stay in place for its full duration. (C) The Forest Service stays responsible for any liability tied to that contract. (4) Grazing: (A) Subject to (B), the Secretary may let livestock grazing in the National Preserve continue under permits or leases that existed as of December 19, 2014. (B) That grazing cannot exceed the level (measured in Animal Unit Months) that existed on December 19, 2014, and must follow applicable law, including National Park Service rules. (5) Fish and wildlife: The Secretary must allow hunting and fishing in the National Preserve under applicable federal and state law, except the Secretary may — after consulting Oregon's Department of Fish and Wildlife — set zones and time periods where no hunting or fishing is allowed, for public safety, administrative, or legal-compliance reasons. (d) Voluntary grazing lease or permit donation program: (1) Donation of lease or permit: (A) The relevant Secretary must accept a grazing lease or permit voluntarily given up by its holder, for the Big Grayback Grazing Allotment (in the Rogue River-Siskiyou National Forest) or the Billy Mountain Grazing Allotment (on land managed by the Bureau of Land Management). (B) Once a lease or permit is given up this way, the Secretary must cancel it and make sure grazing on that land ends permanently. (2) Effect of donation: Anyone who gives up a grazing lease or permit (or part of one) this way is treated as having given up any claim to improvements made on that grazing land.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(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 subsection (b)(1)(A).

(4) National Preserve

The term “National Preserve” means the National Preserve designated by subsection (b)(1)(B).

(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.

(b) Designations; land transfer; boundary adjustment
(1) Designations
(A) 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”.

(B) National Preserve

The approximately 4,070 acres of land identified on the map as “Proposed Addition Lands” shall be designated as a National Preserve.

(2) Transfer of administrative jurisdiction
(A) In general

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

(B) Exclusion of land

The boundaries of the Rogue River-Siskiyou National Forest are adjusted to exclude the land transferred under subparagraph (A).

(3) Boundary adjustment

The boundary of the National Monument and Preserve is modified to exclude approximately 4 acres of land—

(A)

located in the City of Cave Junction; and

(B)

identified on the map as the “Cave Junction Unit”.

(4) Availability of map

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

(5) 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”.

(c) Administration
(1) In general

The Secretary shall administer the National Monument and Preserve in accordance with—

(A)

this section;

(B)

Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909; and

(C)

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.).1

(2) Fire management

As soon as practicable after December 19, 2014, in accordance with paragraph (1), the Secretary shall—

(A)

revise the fire management plan for the Monument to include the land transferred under subsection (b)(2)(A); and

(B)

in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the National Monument and Preserve.

(3) Existing Forest Service contracts
(A) In general

The Secretary shall—

(i)

allow for the completion of any Forest Service stewardship or service contract executed as of December 19, 2014, with respect to the National Preserve; and

(ii)

recognize the authority of the Secretary of Agriculture for the purpose of administering a contract described in clause (i) through the completion of the contract.

(B) Terms and conditions

All terms and conditions of a contract described in subparagraph (A)(i) shall remain in place for the duration of the contract.

(C) Liability

The Forest Service shall be responsible for any liabilities relating to a contract described in subparagraph (A)(i).

(4) Grazing
(A) In general

Subject to subparagraph (B), the Secretary may allow the grazing of livestock within the National Preserve to continue as authorized under permits or leases in existence as of December 19, 2014.

(B) Applicable law

Grazing under subparagraph (A) shall be—

(i)

at a level not greater than the level at which the grazing exists as of December 19, 2014, as measured in Animal Unit Months; and

(ii)

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

(5) 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).

(d) Voluntary grazing lease or permit donation program
(1) Donation of lease or permit
(A) Acceptance by Secretary concerned

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

(i)

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

(ii)

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).

(B) Termination

With respect to each grazing permit or lease donated under subparagraph (A), the Secretary shall—

(i)

terminate the grazing permit or lease; and

(ii)

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

(2) 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.

Source credit: (Pub. L. 113–291, div. B, title XXX, § 3041, Dec. 19, 2014, 128 Stat. 3789.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-291 · 128 Stat. 3789

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-291 on 2014-12-19.

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