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16 U.S.C. § 410vvv — Oregon Caves National Monument and Preserve

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 410vvv — 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 admin

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Stable record: federal_law:legal_authorities:record_usc_49a2ab8b0a628439fd85559b
Source file: Laws/federal/codes/united-states-code/title-16/section-410vvv-oregon-caves-national-monument-and-preserve--546d325cf4.md
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Source location: Title 16, Chapter 1, § 410vvv; chapter-001-national-parks-military-parks-monuments-and-seashores.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1&num=0&edition=prelim) et seq.).11 See References in Text note below. (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.

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 100101 — Promotion and regulation

**(a) In General.—** The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. **(b) Declarations.—** (1) **1970 declarations.—** — Congress declares that— (A) the National Park System, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions; (B) these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage; (C) individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one System preserved and managed for the benefit and inspiration of all the people of the United States; and (D) it is the purpose of this division to include all these areas in the System and to clarify the authorities applicable to the System. (2) **1978 reaffirmation.—** — Congress reaffirms, declares, and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a), to the common benefit of all the people of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 320301 — National monuments

**(a) Presidential Declaration.—** The President may, in the President’s discretion, declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on land owned or controlled by the Federal Government to be national monuments. **(b) Reservation of Land.—** The President may reserve parcels of land as a part of the national monuments. The limits of the parcels shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. **(c) Relinquishment to Federal Government.—** When an object is situated on a parcel covered by a bona fide unperfected claim or held in private ownership, the parcel, or so much of the parcel as may be necessary for the proper care and management of the object, may be relinquished to the Federal Government and the Secretary may accept the relinquishment of the parcel on behalf of the Federal Government. **(d) Limitation on Extension or Establishment of National Monuments in Wyoming.—** No extension or establishment of national monuments in Wyoming may be undertaken except by express authorization of Congress.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, act Aug. 25, 1916, ch. 408, § 1, 39 Stat. 535; Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 104–333, div. I, title VIII, § 814(e)(1), Nov. 12, 1996, 110 Stat. 4196, related to creation of National Park Service. See sections 100101(a), 100301, and 100302(a)(1), (2), (b), (c) of Title 54, National Park Service and Related Programs. #### Short Title of 2019 Amendment Pub. L. 116–9, § 1(a), Mar. 12, 2019, 133 Stat. 580, provided that: “This Act [see Tables for classification] may be cited as the ‘John D. Dingell, Jr. Conservation, Management, and Recreation Act’.” #### Short Title of 2008 Amendment Pub. L. 110–229, § 1(a), May 8, 2008, 122 Stat. 754, provided that: “This Act [see Tables for classification] may be cited as the ‘Consolidated Natural Resources Act of 2008’.” #### Short Title of 2004 Amendment Pub. L. 108–352, § 1, Oct. 21, 2004, 118 Stat. 1395, provided that: “This Act [see Tables for classification] may be cited as the ‘National Park System Laws Technical Amendments Act of 2004’.” #### Short Title of 2002 Amendment Pub. L. 107–236, § 1, Oct. 9, 2002, 116 Stat. 1483, provided that: “This Act [amending [section 460kk of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460kk&num=0&edition=prelim)] may be cited as the ‘Santa Monica Mountains National Recreation Area Boundary Adjustment Act’.” #### Short Title of 2000 Amendment Pub. L. 106–510, § 1, Nov. 13, 2000, 114 Stat. 2363, provided that: “This Act [see Tables for classification] may be cited as the ‘Hawaii Volcanoes National Park Adjustment Act of 2000’.” #### Short Title of 1983 Amendment Pub. L. 98–141, § 1, Oct. 31, 1983, 97 Stat.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,

Page 29 TITLE 16—CONSERVATION § 1a–1 Sec. SUBCHAPTER CXXXIV—RED CLIFFS NATIONAL CONSERVATION AREA 460www. Red Cliffs National Conservation Area. SUBCHAPTER CXXXV—BEAVER DAM WASH NATIONAL CONSERVATION AREA 460xxx. Beaver Dam Wash National Conservation Area. SUBCHAPTER CXXXVI—FORT STANTON-SNOWY RIVER CAVE NATIONAL CONSERVATION AREA 460yyy. Definitions. 460yyy–1. Establishment of the Fort Stanton- Snowy River Cave National Conserva- tion Area. 460yyy–2. Management of the Conservation Area. 460yyy–3. Authorization of appropriations. SUBCHAPTER CXXXVII—DOMINGUEZ-ESCALANTE NATIONAL CONSERVATION AREA 460zzz. Definitions. 460zzz–1. Dominguez-Escalante National Con- servation Area. 460zzz–2. Dominguez Canyon Wilderness Area. 460zzz–3. Maps and legal descriptions. 460zzz–4. Management of Conservation Area and Wilderness. 460zzz–5. Management plan. 460zzz–6. Advisory Council. 460zzz–7. Authorization of appropriations. SUBCHAPTER CXXXVIII—NELLIS DUNES OFF- HIGHWAY VEHICLE RECREATION AREA 460aaaa. Nellis Dunes Off-Highway Vehicle Recre- ation Area. SUBCHAPTER CXXXIX—ASHLEY KARST NATIONAL RECREATION AND GEOLOGIC AREA 460bbbb. Ashley Karst National Recreation and Geologic Area. SUBCHAPTER CXL—JOHN WESLEY POWELL NATIONAL CONSERVATION AREA 460cccc. John Wesley Powell National Conserva- tion Area. SUBCHAPTER CXLI—SAN RAFAEL SWELL RECREATION AREA 460dddd. Establishment of Recreation Area. 460dddd–1. Management of Recreation Area. 460dddd–2. San Rafael Swell Recreation Area Advi- sory Council. SUBCHAPTER CXLII—VINAGRE WASH SPECIAL MANAGEMENT AREA 460eeee. Vinagre Wash Special Management Area. SUBCHAPTER CXLIII—ALABAMA HILLS NATIONAL SCENIC AREA 460ffff. Definitions. 460ffff–1. Alabama Hills National Scenic Area, Califor

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 410vvv — Oregon Caves National Monument and

Page 435 TITLE 16—CONSERVATION § 410vvv to historically significant Manhattan Project resources, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services). (g) Adjacent management (1) In general Nothing in this section creates a protective perimeter or buffer zone around the boundary of the Historical Park. (2) Activities outside the boundary of the His- torical Park The fact that an activity or use on land out- side the boundary of the Historical Park can be seen or heard from within the boundary shall not preclude the activity or use outside the boundary of the Historical Park. (h) No cause of action Nothing in this section shall be construed to create a cause of action with respect to activi- ties outside or adjacent to the established boundary of the Historical Park. (Pub. L. 113–291, div. B, title XXX, § 3039, Dec. 19, 2014, 128 Stat. 3784.) Editorial Notes REFERENCES IN TEXT The National Park System Organic Act (16 U.S.C. 1 et seq.), referred to in subsec. (f)(1)(B)(i), probably means the National Park Service Organic Act, 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 re- pealed 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, Dec. 19, 2014, 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 pre- ceding

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