Title 16 — Conservation
Chapter 1 — National Parks, Military Parks, Monuments, and Seashores
§ 410vvv. Oregon Caves National Monument and Preserve
Statutory text
Definitions
In this section:
Map
The term “map” means the map entitled “Oregon Caves National Monument and Preserve”, numbered 150/80,023, and dated May 2010.
Monument
The term “Monument” means the Oregon Caves National Monument established by Presidential Proclamation Number 876 (36 Stat. 2497), dated .
National Monument and Preserve
The term “National Monument and Preserve” means the Oregon Caves National Monument and Preserve designated by subsection (b)(1)(A).
National Preserve
The term “National Preserve” means the National Preserve designated by subsection (b)(1)(B).
Secretary
The term “Secretary” means the Secretary of the Interior.
Secretary concerned
The term “Secretary concerned” means—
the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and
the Secretary of the Interior, with respect to land managed by the Bureau of Land Management.
State
The term “State” means the State of Oregon.
Designations; land transfer; boundary adjustment
Designations
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”.
National Preserve
The approximately 4,070 acres of land identified on the map as “Proposed Addition Lands” shall be designated as a National Preserve.
Transfer of administrative jurisdiction
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.
Exclusion of land
The boundaries of the Rogue River-Siskiyou National Forest are adjusted to exclude the land transferred under subparagraph (A).
Boundary adjustment
The boundary of the National Monument and Preserve is modified to exclude approximately 4 acres of land—
located in the City of Cave Junction; and
identified on the map as the “Cave Junction Unit”.
Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
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”.
Administration
In general
The Secretary shall administer the National Monument and Preserve in accordance with—
this section;
Presidential Proclamation Number 876 (36 Stat. 2497), dated ; and
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
Fire management
As soon as practicable after , in accordance with paragraph (1), the Secretary shall—
revise the fire management plan for the Monument to include the land transferred under subsection (b)(2)(A); and
in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the National Monument and Preserve.
Existing Forest Service contracts
In general
The Secretary shall—
allow for the completion of any Forest Service stewardship or service contract executed as of , with respect to the National Preserve; and
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.
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.
Liability
The Forest Service shall be responsible for any liabilities relating to a contract described in subparagraph (A)(i).
Grazing
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 .
Applicable law
Grazing under subparagraph (A) shall be—
at a level not greater than the level at which the grazing exists as of , as measured in Animal Unit Months; and
in accordance with each applicable law (including National Park Service regulations).
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).
Voluntary grazing lease or permit donation program
Donation of lease or permit
Acceptance by Secretary concerned
The Secretary concerned shall accept a grazing lease or permit that is donated by a lessee or permittee for—
the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and
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).
Termination
With respect to each grazing permit or lease donated under subparagraph (A), the Secretary shall—
terminate the grazing permit or lease; and
ensure a permanent end to grazing on the land covered by the grazing permit or lease.
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.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Military Construction Authorization Act for Fiscal Year 2015
Pub. L. 113–291 div. B title XXX § 3041 · 128 Stat. 3292
Enacted · 16 U.S.C. § 410vvv
(Pub. L. 113–291, div. B, title XXX, § 3041, Dec. 19, 2014, 128 Stat. 3789.)
Source evidence
Code source credit
(Pub. L. 113–291, div. B, title XXX, § 3041, Dec. 19, 2014, 128 Stat. 3789.)Enacted provision · exact public law section
SEC. 3041. OREGON CAVES NATIONAL MONUMENT AND PRESERVE. (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.). (2) Fire management.— As soon as practicable after the date of enactment of this Act, 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 the date of enactment of this Act 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 the date of enactment of this Act. (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 the date of enactment of this Act, 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. (e) Wild and Scenic River Designations.— (1) 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.” . (2) Potential additions.— (A) 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.” . (B) 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.” .
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Presidential Proclamation Number 876, referred to in subsecs. (a)(2) and (c)(1)(B), is listed in a table of National Monuments Established Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs.
The National Park Service Organic Act (16 U.S.C. 1 et seq.), referred to in subsec. (c)(1)(C), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, , 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.
Codification
Section is comprised of section 3041 of Pub. L. 113–291. Subsec. (e) of section 3041 of Pub. L. 113–291 amended sections 1274 and 1276 of this title.
Credits
(Pub. L. 113–291, div. B, title XXX, § 3041, , 128 Stat. 3789.)