I

103D CONGRESS

2D SESSION H. R. 5236

To provide for the establishment and management of the Opal Creek Forest

Preserve in the State of Oregon.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7 (legislative day, OCTOBER 6), 1994

Mr. KOPETSKI introduced the following bill; which was referred jointly to the

Committees on Natural Resources and Agriculture

A BILL

To provide for the establishment and management of the

Opal Creek Forest Preserve in the State of Oregon.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Opal Creek Forest Preserve Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:
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Sec. 1. Short title and table of contents.

Sec. 2. Findings and purpose.

Sec. 3. Definitions.

Sec. 4. Opal Creek Forest Preserve.

Sec. 5. Administration of the Preserve.

Sec. 6. Prohibitions regarding the management of the Preserve.

Sec. 7. Access to and acquisition of non-Federal land.

Sec. 8. Authority of the Secretary and responsible parties to conduct environmental response actions or pursue liability.

Sec. 9. Grandfather clause.

1 SEC. 2. FINDINGS AND PURPOSE.

2 (a) FINDINGS.—The Congress finds the following:

3 (1) Old-growth forests are unique ecosystems

4 that serve as critical habitat for hundreds of verte5 brate and invertebrate animals, plants, and fungi.

6 (2) Old-growth forests provide clean and plenti7 ful water and support streams and rivers containing

8 runs of anadromous and resident cold water fish,

9 which are wholly dependent on high quantity and

10 quality water for migration, spawning, rearing, and

11 cover.

12 (3) The high quantity and quality of water in

13 streams and rivers in old-growth forests can only be

14 maintained by protecting the watersheds of these

15 streams and rivers.

16 (4) Old-growth forests provide unique and out17 standing opportunities for educational study, sci18 entific research, and recreation.

19 (5) The establishment of a watershed and forest

20 preserve to protect areas of old-growth forests and
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1 surface waters can contribute significantly to the

2 quality of life for the residents of the State of Or3 egon through education, recreation, and a protected

4 water supply.

5 (6) The area known as the Opal Creek Forest,

6 located on the upper Little North Fork of the

7 Santiam River in the State of Oregon, contains one

8 of the largest remaining intact old-growth forest

9 ecosystems in the Western Oregon Cascades. Al10 though the landscape mosaic in the Opal Creek For11 est may reflect some past logging, young stands of

12 trees in the area mainly owe their existence to natu13 ral disturbances, chiefly wildfire.

14 (7) The Opal Creek Forest contains outstand15 ing geological and botanical features and contains

16 attributes of historic and prehistoric importance.

17 (8) The recreational use of the Opal Creek For18 est, typically in the form of hiking, sightseeing, and

19 the general enjoyment of the outdoor environment, is

20 significant and likely to increase.

21 (9) It is desirable to limit the human-related

22 disturbances and development of the Opal Creek

23 Forest in order to protect fully the special features

24 of the forest and maintain the full potential of its
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1 watershed for scientific, educational, and research

2 purposes.

3 (10) Preservation of the Opal Creek Forest pro4 vides outstanding opportunities for scientists to con5 duct research regarding old-growth forests and for

6 educators to provide scientifically credible informa7 tion to the public.

8 (b) PURPOSES.—The purposes of this Act are—

9 (1) to protect and preserve the forests and wa10 tersheds contained in the Opal Creek Forest Pre11 serve;

12 (2) consistent with paragraph (1), to promote

13 and conduct—

14 (A) research in the Preserve regarding old15 growth forests in a manner that does not in16 clude the harvesting of timber or otherwise

17 damage the ecosystem; and

18 (B) educational programs in the Preserve

19 on old-growth forests and cultural and historic

20 resources in the Preserve; and

21 (3) consistent with paragraphs (1) and (2), to

22 permit and regulate recreation in the Preserve.

23 SEC. 3. DEFINITIONS.

24 For purposes of this Act:
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1 (1) PRESERVE.—The term ‘‘Preserve’’ means

2 the Opal Creek Forest Preserve established in sec3 tion 4(a).

4 (2) MANAGEMENT PLAN.—The term ‘‘manage5 ment plan’’ means the management plan for the

6 Preserve developed pursuant to section 5(b).

7 (3) SECRETARY.—The term ‘‘Secretary’’ means

8 the Secretary of Agriculture.

9 SEC. 4. OPAL CREEK FOREST PRESERVE.

10 (a) ESTABLISHMENT OF PRESERVE.—There is here11 by established the Opal Creek Forest Preserve in order

12 to protect and preserve the forests and watersheds in the

13 Preserve and to promote the research, educational, and

14 recreational purposes of this Act.

15 (b) DESCRIPTION OF PRESERVE.—The Preserve shall

16 consist of those Federal lands located in the Willamette

17 and Mt. Hood National Forests in the State of Oregon

18 that are generally depicted on the map dated August

19 1994, and entitled the ‘‘Opal Creek Preserve Area’’. The

20 Preserve shall also include such lands as may be added

21 under section 7 of this Act. The map referred to in this

22 subsection shall be kept on file and made available for

23 public inspection in the Office of the Chief of the Forest

24 Service, United States Department of Agriculture.
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1 SEC. 5. ADMINISTRATION OF THE PRESERVE.

2 (a) IN GENERAL.—The Secretary shall administer

3 the Preserve in accordance with this Act and with the

4 laws, rules, and regulations applicable to National Forest

5 System lands in a manner that will further the purposes

6 of this Act.

7 (b) MANAGEMENT PLAN.—The Secretary shall pre8 pare a comprehensive management plan for the Preserve

9 to achieve the purposes of this Act. The management plan

10 shall be considered to be a nonsignificant amendment to

11 the Willamette and Mt. Hood Forest Land and Resource

12 Management Plans. The management plan shall be pre13 pared with public involvement which shall include con14 sultation with interested individuals and organizations.

15 The Secretary may enter into memoranda of understand16 ing with interested parties to accomplish the purposes of

17 this Act. The management plan shall include analysis and

18 direction on the use of campfires within the Preserve.

19 (c) PROTECTION OF CULTURAL AND HISTORIC RE20 SOURCES.—Not later than one year after the date of the

21 enactment of this Act, the Secretary shall review and re22 vise the inventory of the cultural and historic resources

23 in the area covered by the Preserve, which was originally

24 developed pursuant to the Oregon Wilderness Act of 1984

25 (Public Law 98–328; 16 U.S.C. 1131 note). The Secretary
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1 shall submit a report to Congress describing the results

2 of the review of such inventory.

3 (d) APPLICABILITY OF MINING, MINERAL LEASING,

4 AND DISPOSAL LAWS.—

5 (1) RESTRICTION.—After the date of the enact6 ment of this Act—

7 (A) lands within the Preserve shall not be

8 open to the location of mining claims and mill

9 and tunnel sites under the general mining laws

10 of the United States;

11 (B) the Secretary shall not issue any lease

12 under the Mineral Leasing Act (30 U.S.C. 181

13 and following) or the Geothermal Steam Act of

14 1970 (30 U.S.C. 100 and following) for lands

15 within the Preserve; and

16 (C) lands within the Preserve shall not be

17 available for disposal of mineral materials under

18 the Act of July 31, 1947, commonly known as

19 the Materials Act of 1947 (30 U.S.C. 601 and

20 following).

21 (2) ACQUIRED LANDS.—The restriction pro22 vided by paragraph (1) shall also apply to any Fed23 eral lands added to the Preserve after the date of

24 the enactment of this Act, except that the restriction
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1 shall apply to such lands only upon addition to the

2 Preserve.

3 (e) PRIVATE INHOLDINGS.—The Secretary may co4 operate with, and provide technical assistance to, private

5 landowners, organizations, and other entities holding pri6 vate lands within the boundaries of the Preserve to pro7 mote the use and management of such lands in a manner

8 consistent with the purposes of this Act.

9 SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF

10 THE PRESERVE.

11 (a) PROHIBITION ON LOGGING OR OTHER TIMBER

12 HARVESTING.—

13 (1) PROHIBITION.—Except as provided in para14 graph (2), the cutting of trees in the Preserve is

15 prohibited.

16 (2) EXCEPTIONS.—The prohibition contained in

17 paragraph (1) shall not apply to the extent that the

18 Secretary determines that the cutting of specific

19 trees in the Preserve is necessary—

20 (A) for public safety, such as to control the

21 spread of a forest fire in the Preserve or on

22 lands adjacent to the Preserve; or

23 (B) for administrative use related to activi24 ties permitted in the Preserve.
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1 (3) LIMITATION ON EXCEPTION.—The cutting

2 of trees authorized under paragraph (2) may not in3 clude salvage sales or harvests of commercial quan4 tities of timber in the Preserve.

5 (4) COLLECTION OF DOWNED WOOD.—The col6 lection of downed wood for firewood by permit may

7 be allowed in a manner consistent with the purposes

8 of this Act.

9 (b) PROHIBITION ON OFF ROAD MOTORIZED TRAV10 EL.—

11 (1) PROHIBITION.—Except as provided in para12 graph (2) and subject to valid existing rights, the

13 use of motor vehicles off or outside of the estab14 lished roadbed of roads in the Preserve is prohibited.

15 (2) EXCEPTION.—The prohibition contained in

16 paragraph (1) shall not apply to the extent that the

17 Secretary determines that the use of a motor vehicle

18 off or outside of the established roadbed of a road

19 in the Preserve is necessary for administrative pur20 poses or to respond to an emergency.

21 (c) PROHIBITION ON USE OF CERTAIN ROADS.—

22 (1) PROHIBITION.—Except as provided in para23 graph (2) and subject to valid existing rights, the

24 use of motor vehicles is prohibited on the following

25 roads located in the Preserve:
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1 (A) Forest road 2209 from the gate in ex2 istence on the date of the enactment of this Act

3 eastward to the intersection of the road with

4 the wilderness boundary.

5 (B) Forest roads 290 and 330, which are

6 spur roads to the road described in subpara7 graph (A).

8 (2) EXCEPTIONS.—The prohibition contained in

9 paragraph (1) shall not apply to the extent that the

10 Secretary determines that the use of the roads de11 scribed in such paragraph is necessary for adminis12 trative purposes or to respond to an emergency.

13 (3) RULE OF CONSTRUCTION.—Nothing in this

14 subsection shall be construed to prohibit inholders

15 and claim holders of valid mining claims from using

16 the roads described in paragraph (1) for ingress and

17 egress to their inholdings or valid mining claims,

18 subject to such reasonable terms and conditions,

19 consistent with the purposes of this Act, as the Sec20 retary may prescribe. Nothing in this subsection

21 shall be construed to prohibit motor vehicle traffic

22 on other roads established in the Preserve, in par23 ticular those forest roads providing access for claim

24 holders of valid mining claims for the use of lands

25 in the Preserve or within the Cedar Creek watershed
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1 within two miles outside of the boundaries of the

2 Preserve.

3 (d) PROHIBITION ON ROAD CONSTRUCTION.—

4 (1) PROHIBITION.—Except as provided in para5 graph (2) and subsection (e), and subject to valid

6 existing rights, the construction of new roads is pro7 hibited in the Preserve.

8 (2) EXCEPTIONS.—The prohibition contained in

9 paragraph (1) shall not apply to the extent that the

10 Secretary determines that the construction of new

11 roads, or the improvement of existing roads, in the

12 Preserve is necessary to accomplish the purposes of

13 this Act or to provide access to inholdings or for

14 claim holders of valid mining claims for the use of

15 lands in the Preserve or within the Cedar Creek wa16 tershed within two miles outside of the boundaries of

17 the Preserve. The Secretary may maintain or im18 prove roads in the Preserve to the extent the Sec19 retary determines that such maintenance or im20 provements are necessary to accomplish the purposes

21 of this Act, to provide for the protection of the natu22 ral resources of the Preserve, to provide for public

23 safety, or to ensure access for inholders and claims

24 holders of valid mining claims for the use of lands

25 in the Preserve or within the Cedar Creek watershed
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1 within two miles outside of the boundaries of the

2 Preserve.

3 (3) LIMITATION ON EXCEPTION.—The con4 struction or improvement of roads in the Preserve

5 pursuant to paragraph (2) or subsection (e) may not

6 include paving or any work beyond 50 feet on either

7 side of the centerline of the road bed.

8 (e) UTILITIES AND ACCOMPANYING ROAD.—In com9 pliance with applicable laws and the Willamette National

10 Forest Land and Resource Management Plan, the Sec11 retary may allow the installation and maintenance of

12 power lines and water lines (and an accompanying service

13 road) through the Preserve to serve authorized activities

14 conducted on land within the Cedar Creek watershed with15 in two miles outside of the boundaries of the Preserve.

16 SEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL

17 LAND.

18 (a) INVENTORY AND ACQUISITION OF NON-FEDERAL

19 LANDS.—The Secretary shall conduct an inventory of all

20 non-Federal lands and interests in lands within the bound21 aries of the Preserve. The Secretary may acquire such

22 inventoried lands (or interests in such lands) for inclusion

23 in the Preserve. The Secretary may not acquire, for inclu24 sion in the Preserve, any lands or interests in lands within

25 the boundaries of the Preserve without the consent of the
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1 owner, unless the Secretary determines that the land is

2 being developed or managed (or is proposed to be devel3 oped or managed) in a manner inconsistent with the pur4 poses of this Act. Nothing in this Act may be construed

5 to prevent the Secretary from increasing the size of the

6 Preserve.

7 (b) SPECIAL RULE FOR SANTIAM NO. 1 LODE MIN8 ING CLAIM.—Notwithstanding subsection (a), the parcel

9 of real property located within the boundaries of the Pre10 serve that is known as the Santiam No. 1 lode mining

11 claim and identified in section 8140 of the Department

12 of Defense Appropriations Act, 1992 (Public Law 102–

13 172; 105 Stat. 1213), may be acquired by the Secretary

14 only—

15 (1) by purchase for an amount equal to not

16 more than the sum of—

17 (A) the amount that the original patentee

18 of the parcel paid for the parcel; and

19 (B) the cost of any improvements made to

20 the parcel by the patentee; or

21 (2) by donation.

22 (c) RIGHTS-OF-WAY.—Nothing in this section shall

23 be construed to affect the authority of the Secretary to

24 acquire road and trail rights-of-way on lands in the Pre25 serve under existing authorities.
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1 (d) ACCESS AND UTILITIES TO INHOLDINGS.—

2 (1) IN GENERAL.—In the case of private

3 inholdings located within the boundaries of the Pre4 serve, the Secretary shall authorize the use of Fed5 eral land in the Preserve by the holder of the

6 inholding to assure adequate access to the inholding

7 under applicable law.

8 (2) JAWBONE FLATS.—With respect to the

9 inholding known as the Jawbone Flats area, the Sec10 retary shall authorize the use of Federal land in the

11 Preserve by the owners of the inholding to provide

12 for access and utilities for a facility in the inholding

13 if the Secretary determines that the facility (and use

14 of the facility) is consistent with the purposes of this

15 Act.

16 (3) TERMS AND CONDITIONS.—The use of Fed17 eral land in the Preserve under this subsection shall

18 be subject to such reasonable terms and conditions,

19 consistent with the purposes of this Act, as the Sec20 retary may prescribe.

21 SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE

22 PARTIES TO CONDUCT ENVIRONMENTAL RE23 SPONSE ACTIONS OR PURSUE LIABILITY.

24 (a) REMEDIATION ACTIVITIES.—Nothing in this Act

25 shall be construed to limit the authority of the Secretary
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1 or a responsible party to conduct environmental remedi2 ation activities in the Preserve in connection with the re3 lease, threatened release, or clean up of any hazardous

4 substance or pollutant or contaminant, including response

5 actions conducted pursuant to the Comprehensive Envi6 ronmental Response, Compensation, and Liability Act of

7 1980 (42 U.S.C. 9601 et seq.).

8 (b) LIABILITY.—Nothing in this Act shall be con9 strued to limit the authority of the Secretary or a respon10 sible party to address questions of liability related to the

11 release, threatened release, or clean up of any hazardous

12 substance or pollutant or contaminant in the Preserve.

13 SEC. 9. GRANDFATHER CLAUSE.

14 Nothing in this Act shall be construed to affect the

15 operation of any timber sale contract entered into, or

16 interfere with any activity for which a special use permit

17 has been issued (and not revoked), before the date of the

18 enactment of this Act, subject to the terms of the contract

19 or permit.

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