59–010 

Calendar No. 622 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–347 

FRANK MOORE WILD STEELHEAD SPECIAL MANAGEMENT 

AREA DESIGNATION ACT 

SEPTEMBER 8, 2016.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1448] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1448) to designate the Frank Moore Wild 

Steelhead Sanctuary in the State of Oregon, having considered the 

same, reports favorably thereon with an amendment in the nature 

of a substitute and an amendment to the title and recommends 

that the bill, as amended, do pass. 

The amendments are as follows: 

1. Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Frank Moore Wild Steelhead Special Management 

Area Designation Act’’. 

SEC. 2. FINDINGS. 

Congress finds that— 

(1) Frank Moore has committed his life to family, friends, his country, and 

fly fishing; 

(2) Frank Moore is a World War II veteran who stormed the beaches of Normandy along with 150,000 troops during the D-Day Allied invasion and was 

awarded the Chevalier of the French Legion of Honor for his bravery; 

(3) Frank Moore returned home after the war, started a family, and pursued 

his passion of fishing on the winding rivers in Oregon; 

(4) as the proprietor of the Steamboat Inn along the North Umpqua River in 

Oregon for nearly 20 years, Frank Moore, along with his wife Jeanne, shared 

his love of fishing, the flowing river, and the great outdoors, with visitors from 

all over the United States and the world; 

(5) Frank Moore has spent most of his life fishing the vast rivers of Oregon, 

during which time he has contributed significantly to efforts to conserve fish 

habitats and protect river health, including serving on the State of Oregon Fish 

and Wildlife Commission; 

(6) Frank Moore has been recognized for his conservation work with the National Wildlife Federation Conservationist of the Year award, the Wild 


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Steelhead Coalition Conservation Award, and his 2010 induction into the Fresh 

Water Fishing Hall of Fame; and 

(7) in honor of the many accomplishments of Frank Moore, both on and off 

the river, approximately 99,653 acres of Forest Service land in the State of Oregon should be designated as the ‘‘Frank Moore Wild Steelhead Special Management Area’’. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Frank Moore Wild 

Steelhead Special Management Area Designation Act’’ and dated June 23, 2016. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, 

acting through the Chief of the Forest Service. 

(3) SPECIAL MANAGEMENT AREA.—The term ‘‘Special Management Area’’ 

means the Frank Moore Wild Steelhead Special Management Area designated 

by section 4(a). 

(4) STATE.—The term ‘‘State’’ means the State of Oregon. 

SEC. 4. FRANK MOORE WILD STEELHEAD SPECIAL MANAGEMENT AREA, OREGON. 

(a) DESIGNATION.—The approximately 99,653 acres of Forest Service land in the 

State, as generally depicted on the Map, is designated as the ‘‘Frank Moore Wild 

Steelhead Special Management Area’’. 

(b) MAP; LEGAL DESCRIPTION.— (1) IN GENERAL.—As soon as practicable after the date of enactment of this 

Act, the Secretary shall prepare a map and legal description of the Special Management Area. 

(2) FORCE OF LAW.—The map and legal description prepared under paragraph 

(1) shall have the same force and effect as if included in this Act, except that 

the Secretary may correct clerical and typographical errors in the map and legal 

description. 

(3) AVAILABILITY.—The map and legal description prepared under paragraph 

(1) shall be on file and available for public inspection in the appropriate offices 

of the Forest Service. 

(c) ADMINISTRATION.—Subject to valid existing rights, the Special Management 

Area shall be administered by the Secretary— 

(1) in accordance with all laws (including regulations) applicable to the National Forest System; and 

(2) in a manner that— 

(A) conserves and enhances the natural character, scientific use, and the 

botanical, recreational, ecological, fish and wildlife, scenic, drinking water, 

and cultural values of the Special Management Area; 

(B) maintains and seeks to enhance the wild salmonid habitat of the Special Management Area; 

(C) maintains or enhances the watershed as a thermal refuge for wild 

salmonids; and 

(D) preserves opportunities for recreation, including primitive recreation. 

(d) FISH AND WILDLIFE.—Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. 

(e) ADJACENT MANAGEMENT.—Nothing in this section— 

(1) creates any protective perimeter or buffer zone around the Special Management Area; or 

(2) modifies the applicable travel management plan for the Special Management Area. 

(f) WILDFIRE MANAGEMENT.—Nothing in this section prohibits the Secretary, in 

cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Special Management Area, consistent with 

the purposes of this Act, including the use of aircraft, machinery, mechanized equipment, fire breaks, backfires, and retardant. 

(g) VEGETATION MANAGEMENT.—Nothing in this section prohibits the Secretary 

from conducting vegetation management projects within the Special Management 

Area in a manner consistent with— 

(1) the purposes described in subsection (c); and 

(2) the applicable forest plan. 

(h) PROTECTION OF TRIBAL RIGHTS.—Nothing in this section diminishes any treaty 

rights of an Indian tribe. 

(i) WITHDRAWAL.—Subject to valid existing rights, the Federal land within the 

boundaries of the Special Management Area river segments designated by subsection (a) is withdrawn from all forms of— 

(1) entry, appropriation, or disposal under the public land laws; 

(2) location, entry, and patent under the mining laws; and 


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(3) disposition under all laws relating to mineral and geothermal leasing or 

mineral materials. 

2. Amend the title so as to read: ‘‘A bill to designate the Frank 

Moore Wild Steelhead Special Management Area in the State of 

Oregon.’’ 

PURPOSE

The purpose of S. 1448 is to designate the Frank Moore Wild 

Steelhead Special Management Area in the State of Oregon. 

BACKGROUND AND NEED

S. 1448 designates approximately 99,653 acres of U.S. Forest 

Service (USFS) land in the headwaters of the North Umpqua River 

in Oregon as the Frank Moore Wild Steelhead Special Management 

Area. The purpose of the designation is to protect the prime 

steelhead habitat important for recreational fishing and clean 

drinking water and to honor Frank Moore, a military hero and conservationist. 

Frank Moore served in the military during World War II and 

stormed the beaches of Normandy along with 150,000 troops during the D-Day Allied invasion. He was awarded the Chevalier of 

the French Legion of Honor for his bravery. Following the war, he 

returned home to Oregon, started a family, pursued his passion of 

fishing on the winding rivers of Oregon, and owned and operated 

the Steamboat Inn along the North Umpqua River. 

From 1971 to 1974, Mr. Moore served on the State of Oregon 

Fish and Wildlife Commission. Throughout his life, Mr. Moore has 

shared his passion for fishing, the river, and the outdoors with visitors from around the world. He was recognized for his conservation 

work by receiving the National Wildlife Federation Conservationist 

of the Year award and the Wild Steelhead Coalition Conservation 

Award, and was inducted into the Fresh Water Fishing Hall of 

Fame. 

LEGISLATIVE HISTORY

S. 1448 was introduced by Senators Wyden and Merkley on May 

21, 2015. The Subcommittee on Public Lands, Forests, and Mining 

held a hearing on the bill on October 8, 2015. The text of S. 1448 

was also incorporated into S. 132, the Oregon and California Land 

Grant Act of 2015, introduced on January 8, 2015. The Subcommittee on Public Lands, Forests, and Mining held a hearing on 

S. 132 on July 16, 2015. 

In the 113th Congress, similar legislation to S. 1448 was included in S. 1784, introduced by Senator Wyden on December 9, 

2013. The Committee on Energy and Natural Resources held a full 

committee hearing on S. 1784 on February 6, 2014. The Committee 

ordered S. 1784 favorably reported with an amendment in the nature of a substitute on November 13, 2014 (S. Rept. 113–307). 

The Committee on Energy and Natural Resources met in open 

business session on July 13, 2016, and ordered S. 1448 favorably 

reported as amended. 


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COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on July 13, 2016, by a majority voice vote of 

a quorum present, recommends that the Senate pass S. 1448, if 

amended as described herein. 

COMMITTEE AMENDMENTS

During its consideration of S. 1448, the committee adopted an 

amendment in the nature of a substitute and an amendment to the 

title. 

The amendment in the nature of a substitute changes the land 

management designation to a special management area and strikes 

provisions relating to road building, decommissioning, and density 

in the special management area. The amendment also clarifies that 

the designation will not affect the management of adjacent land, 

wildfire management operations or vegetation management in the 

Area consistent with the purposes of the Act or modify the travel 

management plan for the Area. 

The amendment is further described in the section by section 

analysis. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides a short title. 

Section 2. Findings 

Section 2 contains the findings. 

Section 3. Definitions 

Section 3 contains definitions. 

Section 4. Frank Moore Wild Steelhead Special Management Area, 

Oregon 

Section 4 designates approximately 99,653 acres of USFS land in 

Oregon as the ‘‘Frank Moore Wild Steelhead Special Management 

Area’’ (Area). 

Subsection (b) directs the Secretary to prepare a map and legal 

description for the Area and make them available to the public in 

the appropriate offices of the Forest Service. 

Subsection (c) requires the Area to be administered in accordance 

with all laws applicable to the National Forest System and in a 

manner that conserves and enhances certain uses and values described in the section. 

Subsection (d) indicates that the Secretary’s administration of 

the Area does not affect the jurisdiction of the state with respect 

to fish and wildlife in Oregon. 

Subsection (e) provides that there are no buffer zones around the 

Area and that the Section does not modify the applicable travel 

management plan for the Area. 

Subsection (f) clarifies that the designation does not prohibit the 

Secretary, in cooperation with other Federal State and local agencies, from conducting wildfire management operations in the area 

consistent with the purposes of the Act. 


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Subsection (g) clarifies that the designation does not prohibit the 

Secretary from carrying out vegetation management if it is consistent with the purposes described in subsection (c). 

Subsection (h) clarifies that the designation does not diminish 

the treaty rights of Indian tribes. 

Subsection (i) withdraws the Area river segments from all forms 

of entry, appropriation, or disposal under public land laws, location, entry, and patent under mining laws and disposition under all 

laws relating to mineral and geothermal leasing or mineral materials. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 12, 2016. 

Hon. LISA MURKOWSKI, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 1448, the Frank Moore 

Wild Steelhead Special Management Area Designation Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jeff LaFave. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 1448—Frank Moore Wild Steelhead Special Management Area 

Designation Act 

S. 1448 would designate 100,000 acres of land administered by 

the Forest Service in Oregon as a special management area and 

would prohibit mineral development on those lands. Based on information provided by the agency, CBO estimates that implementing 

the legislation would not affect the federal budget. Enacting the bill 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 

The Forest Service currently manages the affected lands for conservation purposes, therefore, designating those lands as a special 

management area would not affect administrative costs. In addition, based on information from the Forest Service, CBO does not 

expect that any minerals would be developed on the affected lands 

that would generate income for the federal government over the 

next 10 years. Thus, designating those lands would not affect offsetting receipts, which are treated as reductions in direct spending. 

CBO estimates that enacting the legislation would not increase 

net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. 

S. 1448 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, and tribal governments. 


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The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by H. Samuel Papenfuss, 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. 1448. 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. 1448, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1448, as ordered reported, 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 testimony provided by the U.S. Forest Service at the October 

8, 2015, Subcommittee on Public Lands, Forests, and Mining hearing on S. 1448 follows: 

STATEMENT OF GLENN CASAMASSA, ASSOCIATE DEPUTY

CHIEF, NATIONAL FOREST SYSTEM, U.S. FOREST SERVICE, 

U.S. DEPARTMENT OF AGRICULTURE

Mr. Chairman and members of the Subcommittee, thank 

you for the opportunity to present the views of the U.S. 

Department of Agriculture (USDA) regarding S. 1295, S. 

1448, S. 1941, and S. 1942. 

S. 1295, THE ‘‘ARAPAHO NATIONAL FOREST BOUNDARY

ADJUSTMENT ACT’’ 

S. 1295 would modify the boundary of the Arapaho National Forest in the State of Colorado to incorporate approximately 92.95 acres of land currently outside the proclaimed National Forest boundary. All Federal land within 

the new boundary would be included in the Bowen Gulch 

Protection Area established under section 6 of the Colorado Wilderness Act of 1993. S. 1295 requires the Secretary to obtain written permission from the owners of lots 

to include the lots in the boundary adjustment. Private 

land owners have provided letters of support. 

The Federal lands within the new boundary would be 

closed to motorized use by the public. S. 1295 allows for 

continued motorized access over historical routes by owners of non-Federal land within the new boundary. 

The Department supports S. 1295. It would provide National Forest status for parcels previously purchased. It 

would also allow the Forest Service to use its existing land 


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exchange authorities to acquire additional parcels from 

willing landowners within the new boundary. Completion 

of these acquisitions would ensure protection of the Rocky 

Mountain National Park view-shed and the resource values of the Bowen Gulch Protection Area. We would also 

like to work with the Committee to clarify that motorized 

use for administrative purposes within the new boundary 

area is allowed. 

S. 1448, THE ‘‘FRANK MOORE WILD STEELHEAD SANCTUARY

DESIGNATION ACT’’ 

The Department supports S. 1448, which establishes the 

‘‘Frank Moore Wild Steelhead Sanctuary’’. The area proposed for designation (Steamboat Creek) represents the 

major spawning tributary for wild steelhead in the North 

Umpqua River, and serves as an important sanctuary for 

conservation and long term persistence of this highly valued fisheries resource. Scientific studies and data indicate 

this area provides an important thermal refuge for wild 

steelhead production in the basin. Its designation and associated watershed restoration activities will aid in promoting a resilient landscape for wild steelhead conservation into the future in the face of changing climate. 

Frank Moore is a legendary fly angler, wild fish conservationist, and World War II veteran who stormed the 

beaches of Normandy, France in 1944 for the D Day allied 

invasion. He survived and together with his wife of 70+ 

years, Jeanne, built and were the long-time proprietors of 

the world-renowned Steamboat Inn along the North Umpqua River. In 2010, Frank Moore was inducted into the 

Fresh Water Fishing Hall of Fame, and is also featured in 

the recent, critically acclaimed documentary ‘‘Mending the 

Line.’’ 

This designation is a tribute to Frank Moore and his 

service to our country in more ways than one. In a TED 

Talk last year (TEDxPortland, May 15, 2014), one of the 

viewers commented: ‘‘Absolutely amazing . . . I am 19 and 

my generation needs role models like this man.’’ 

S. 1941, THE ‘‘CRAGS, COLORADO LAND EXCHANGE ACT OF

2015’’ 

S. 1941 would require a land exchange between the 

United States and Broadmoor Hotel, Inc. (BHI). The 

United States would convey an 83 acre tract of National 

Forest System Land and a non-exclusive perpetual easement for access in exchange for a 320 acre parcel and a 

permanent trail easement for a section of the Barr trail 

owned by BHI. Both exchange parcels are located within 

the Pike National Forest. 

The Department generally supports S. 1941 but would 

like to work with the committee on concerns with the bill. 

For example, we would like to help develop language that 

would ensure the northern boundary of the land conveyed 

is located to provide adequate space for Forest Service 

road maintenance and administration. 


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The National Forest parcel that would be conveyed in 

the exchange has long been encumbered with significant 

resort improvements managed under special use authorization. In return for this parcel, the United States would 

receive an isolated inholding that the Forest Service has 

placed a high priority on acquiring. The inholding has significant recreational values and provides additional access 

for the public to the National Forest. 

As a result, the exchange will eliminate potentially significant development in a sensitive area in exchange for 

conveying Federal land where development impacts have 

already occurred. In addition, The United States would secure legal access on a segment of the very popular Barr 

trail. This trail provides an important recreational access 

to the Pike National Forest. 

S. 1942, THE ‘‘ELKHORN RANCH AND WHITE RIVER NATIONAL

FOREST CONVEYANCE ACT LAND EXCHANGE ACT OF 2015’’ 

S. 1942 would direct the conveyance of a 148 acre parcel 

of National Forest System land to the Gordman-Leverich 

Partnership. The parcel is located within the White River 

National Forest. 

While the Administration has serious reservations about 

the use of Federal lands to compensate a private landowner, acknowledging the unusual circumstances in this 

specific case, the Department does not oppose S. 1942. The 

bill would resolve a long standing title issue associated 

with the property. 

A dependent resurvey, which is a survey dependent 

upon prior surveys of record, was completed in 1949, and 

established a property monument approximately 2,100 feet 

from the corner, relied upon by the original homesteaders. 

This meant that this parcel of national forest land had 

been managed as private land. 43 U.S.C. 772, enacted in 

1909, provided for such resurveys and guaranteed that the 

bona fide rights of landowners would be protected. 

Because this land survey discrepancy only came to light 

within the past 15 years, and because the parcel has never 

been managed as National Forest, protection of the bona 

fide rights of the landowners is appropriate. Resolution of 

this title issue will end a long-standing title claim in an 

efficient, fair manner. 

This concludes my remarks. I would be happy to answer 

any questions. Thank you for the opportunity to testify. 

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 as ordered reported. 

Æ 


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