Cascade-Siskiyou National Monument Voluntary and Equitable Grazing Conflict Resolution Act

S 2379 IS

110th CONGRESS

1st Session

S. 2379

To authorize the Secretary of 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.

IN THE SENATE OF THE UNITED STATES

November 16, 2007

Mr. SMITH (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To authorize the Secretary of 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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Cascade-Siskiyou National Monument Voluntary and Equitable Grazing Conflict Resolution Act'.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- Congress finds that--

(1) Presidential Proclamation Number 7318, dated June 13, 2000 (65 Fed. Reg. 37247), which established the Cascade-Siskiyou National Monument, created unique regulatory and statutory overlays with respect to the Monument;

(2) compensating lessees that voluntarily waive their grazing leases and end livestock grazing on Federal land in and near the Monument would provide lessees new economic opportunities, including opportunities to--

(A) restructure ranch operations;

(B) start new businesses; or

(C) retire with security;

(3) regardless of the legal merits of continued grazing on the Monument, there is support from the ranching, environmental, and other local communities and government officials for a fair and equitable resolution of grazing conflicts;

(4) the land exchange authorized under this Act is in the public interest because the exchange--

(A) furthers the protective purposes of the Monument;

(B) provides for consolidated land ownership;

(C) improves land and resource management;

(D) decreases management costs; and

(E) resolves public conflict;

(5) the waiver of grazing leases under this Act is not intended to reflect on--

(A) the legal or ecological merit of continued grazing within the Monument; or

(B) the merit of proposals to limit or retire grazing permits in the State of Oregon or any other State; and

(6) designating certain portions of the Monument as wilderness would ensure that an increasing population, expanding settlement, and increasing mechanization would not modify those portions in a manner that would cumulatively deny future generations the opportunity to the wilderness experience.

(b) Purposes- The purposes of this Act are--

(1) to maintain the economic viability of cattle ranching in the vicinity of the Monument;

(2) to authorize the permanent retirement of certain grazing leases and associated allotments within and in the vicinity of the Monument; and

(3) to protect unique ecological diversity and high quality outdoor recreational opportunities in the wildest portions of the Monument by designating the portions as the Soda Mountain Wilderness.

SEC. 3. DEFINITIONS.

In this Act:

(1) BUREAU OF LAND MANAGEMENT LAND- The term `Bureau of Land Management land' means the approximately 40 acres of land under the jurisdiction of the Bureau of Land Management in the Monument, as generally depicted on the land exchange map.

(2) GRAZING ALLOTMENT- The term `grazing allotment' means 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.

(3) GRAZING LEASE- The term `grazing lease' means any document authorizing the use of a grazing allotment for the purpose of grazing domestic livestock for commercial purposes.

(4) LAND EXCHANGE MAP- The term `land exchange map' means the map entitled `Box R Ranch Land Exchange' and dated [Struck out->][ XXX ][<-Struck out] , 2007.

(5) LANDOWNER- The term `Landowner' means Box-R Ranch in the State.

(6) LESSEE- The term `lessee' means a livestock operator that holds a valid term grazing lease for a grazing allotment.

(7) LIVESTOCK- The term `livestock' does not include beasts of burden used for recreational purposes in the Monument.

(8) MONUMENT- The term `Monument' means the Cascade-Siskiyou National Monument in the State.

(9) RANGE DEVELOPMENT-

(A) IN GENERAL- The term `range development' means any structure, fence, water development, or other permanent fixture placed on a grazing allotment relating to grazing domestic livestock.

(B) EXCLUSIONS- The term `range development' does not include any rolling stock, livestock, or diversions of water from Federal land onto non-Federal land.

(10) ROWLETT PARCEL- The term `Rowlett parcel' means the parcel of approximately 40 acres of private land, as depicted on the land exchange map.

(11) SECRETARY- The term `Secretary' means the Secretary of the Interior.

(12) STATE- The term `State' means the State of Oregon.

(13) WILDERNESS- The term `Wilderness' means the Soda Mountain Wilderness designated by section 6(a).

(14) WILDERNESS MAP- The term `wilderness map' means the map entitled `Soda Mountain Wilderness' and dated [Struck out->][ XXXX ][<-Struck out] , 2007.

SEC. 4. VOLUNTARY GRAZING LEASE WAIVER PROGRAM.

(a) Existing Grazing Leases-

(1) WAIVER- The Secretary--

(A) shall, subject to the availability of funds, offer to provide compensation to a lessee in exchange for the waiver by a lessee of a grazing lease; and

(B) if the lessee accepts the offer in accordance with this section, shall, not later than 30 days after the date on which the lessee accepts the offer, simultaneously--

(i) provide to the lessee the compensation specified in paragraph (2);

(ii) terminate the grazing lease waived; and

(iii) permanently retire the associated grazing allotment or portion of the grazing allotment from livestock grazing use.

(2) AMOUNT OF COMPENSATION- Compensation for the waiver of a grazing lease under paragraph (1) shall be equal to $300 per authorized animal unit month.

(3) PARTIAL ALLOTMENT RETIREMENTS- If a lessee offers to waive only the Monument portion of a grazing lease for a grazing allotment that is partially in the Monument, the Secretary shall, at full Federal expense, construct and maintain a fence to exclude livestock from the portion of the grazing allotment that is within the boundaries of the Monument.

(4) JOINT LEASE- If a grazing allotment is jointly leased to more than one lessee--

(A) the Secretary shall not accept waiver of a joint grazing lease unless all lessees subject to the grazing lease exercise the option to waive the grazing lease under paragraph (1); or

(B) if the option is not exercised by all the lessees under paragraph (1), the Secretary shall--

(i) in communication, consultation, and cooperation with any lessees that do not exercise the option under paragraph (1), construct and maintain a fence at Federal expense for the purpose of keeping livestock within a reduced area of the grazing allotment that is commercially and seasonally proportional with the remaining authorized animal unit months in the grazing allotment, including private land used as exchange of use on the date of enactment of this Act; and

(ii) accept the waived portion of the joint lease from any joint lessees that have exercised the option under paragraph (1).

(5) LIMITATIONS- The Secretary--

(A) with respect to the Agate, Emigrant Creek, and Siskiyou allotments in and near the Monument as of the date of enactment of this Act--

(i) shall not issue grazing leases; and

(ii) shall permanently retire the allotments from livestock grazing use; and

(B) shall not establish any new allotments that include--

(i) any Federal land within a grazing allotment or an allotment described in subparagraph (A); or

(ii) any Monument land (whether leased or not leased for grazing on the date of enactment of this Act).

(6) DEADLINE- To waive a grazing lease in accordance with this section, a lessee shall exercise the right to waive the grazing lease by not later than the date that is 3 years after the date of enactment of this Act.

(7) EFFECT OF WAIVER- A lessee who receives compensation for voluntarily waiving a grazing lease under this section shall be considered to have waived any claim to all range developments on the associated grazing allotments.

(8) DONATION OF GRAZING LEASES-

(A) IN GENERAL- Nothing in this section prevents a lessee from donating to the Secretary, at any time, a grazing lease without Federal compensation, in accordance with this section.

(B) ACCEPTANCE BY- If a lessee donates a grazing lease to the Secretary, the Secretary shall accept the donation in accordance with clauses (ii) and (iii) of paragraph (1)(B).

(b) Additional Allocations- Beginning on the date of enactment of this Act, the Secretary shall not authorize any allotments for livestock grazing on Monument land that are not in existence on the date of enactment of this Act.

SEC. 5. 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, not later than 70 days after the date on which the Landowner conveys acceptable title to the Rowlett parcel to 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.

(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 Secretary shall be responsible for paying the costs of--

(A) any survey conducted under paragraph (1); and

(B) any other administrative costs relating to the land exchange authorized under this section.

(c) Conditions-

(1) IN GENERAL- The conveyance of Bureau of Land Management land and the Rowlett parcel under subsection (a) shall be subject to valid existing rights.

(2) TITLE APPROVAL- Title to the Rowlett parcel shall conform with the title approval standards applicable to Federal land acquisitions.

(d) Applicable Law-

(1) IN GENERAL- Except as otherwise provided in this section, the conveyance of Bureau of Land Management land under this section is subject to any laws (including regulations) applicable to the conveyance and acquisition of land under the jurisdiction of the Bureau of Land Management.

(2) EXEMPTION- The exchange of land authorized under this section shall not--

(A) require the promulgation of additional regulations by the Secretary; or

(B) be subject to the notice and comment provisions of section 553 of title 5, United States Code.

(e) Grazing Allotment- On completion of the land exchange authorized under this section, the holder of the grazing lease for the Box R grazing allotment shall donate the Box R grazing lease in accordance with section 4(a)(8).

SEC. 6. SODA MOUNTAIN WILDERNESS.

(a) Designation- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), approximately 23,000 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--

(A) the Office of the Director of the Bureau of Land Management;

(B) the Office of the Oregon State Director of the Bureau of Land Management; and

(C) the Medford District Office 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 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.

(2) FIRE, INSECT, AND DISEASE MANAGEMENT ACTIVITIES- The Secretary may take such measures in the Wilderness as are necessary to control and prevent fire, insects, and diseases, as provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and the guidelines contained in [Struck out->][ the Report of the Committee on Interior and Insular Affairs (H. Rept. 98-40) to accompany the California Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. 1131 note). ][<-Struck out]

(3) LIVESTOCK-

(A) ADMINISTRATION- Except as provided in section 4 and Presidential Proclamation Number 7318, dated June 13, 2000 (65 Fed. Reg. 37247), any grazing of livestock and the maintenance of range development in the Wilderness established before the date of enactment of this Act shall be permitted to continue in accordance with--

(i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

(ii) 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).

(B) RETIREMENT OF CERTAIN PERMITS- On the retirement of any grazing lease applicable to any portion of the Wilderness, grazing of domestic livestock in the applicable portion of the Wilderness shall be prohibited.

(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) ADJACENT MANAGEMENT-

(A) IN GENERAL- Nothing in this Act creates a protective perimeter or buffer zone around the Wilderness.

(B) ACTIVITIES OUTSIDE WILDERNESS- The fact that a nonwilderness activity or use can be seen or heard from the Wilderness shall not preclude the conduct of the activity or use outside the boundary of the Wilderness.

SEC. 7. EFFECT.

Nothing in this Act--

(1) affects the authority of a Federal agency to otherwise modify or terminate grazing permits or leases without compensation;

(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 buyout 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.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There is authorized to be appropriated to the Secretary--

(1) $2,000,000 to provide compensation to lessees that waive grazing leases under section 4;

(2) $1,500,000 for fence construction and other methods of livestock control in and near the Monument; and

(3) for fiscal year 2008 and each fiscal year thereafter (adjusted for inflation), $150,000 for the purpose of preventing domestic livestock from entering the grazing allotments or portions of the grazing allotments waived under section 4(a).

(b) Limitation- None of the amounts made available under subsection (a) shall be used by any Federal agency for administrative costs incurred in carrying out this Act.

(c) Availability- Amounts made available under subsection (a) shall remain available until expended.