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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 440 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 123
118th CONGRESS
  1st Session
                                 S. 440

                          [Report No. 118-51]

To designate certain land administered by the Bureau of Land Management 
    and the Forest Service in the State of Oregon as wilderness and 
 national recreation areas, to withdraw certain land located in Curry 
     County and Josephine County, Oregon, from all forms of entry, 
appropriation, or disposal under the public land laws, location, entry, 
   and patent under the mining laws, and operation under the mineral 
      leasing and geothermal leasing laws, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2023

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

                             July 11, 2023

               Reported by Mr. Manchin, without amendment

_______________________________________________________________________

                                 A BILL

 
To designate certain land administered by the Bureau of Land Management 
    and the Forest Service in the State of Oregon as wilderness and 
 national recreation areas, to withdraw certain land located in Curry 
     County and Josephine County, Oregon, from all forms of entry, 
appropriation, or disposal under the public land laws, location, entry, 
   and patent under the mining laws, and operation under the mineral 
      leasing and geothermal leasing laws, 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 ``Oregon Recreation Enhancement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of the Interior, with respect to 
                public land administered by the Secretary of the 
                Interior; or
                    (B) the Secretary of Agriculture, with respect to 
                National Forest System land.
            (2) State.--The term ``State'' means the State of Oregon.

SEC. 3. ROGUE CANYON AND MOLALLA RECREATION AREAS, OREGON.

    (a) Designation of Rogue Canyon and Molalla Recreation Areas.--For 
the purposes of protecting, conserving, and enhancing the unique and 
nationally important recreational, ecological, scenic, cultural, 
watershed, and fish and wildlife values of the areas, the following 
areas in the State are designated as recreation areas for management by 
the Secretary in accordance with subsection (c):
            (1) Rogue canyon recreation area.--The approximately 98,150 
        acres of Bureau of Land Management land within the boundary 
        generally depicted as the ``Rogue Canyon Recreation Area'' on 
        the map entitled ``Rogue Canyon Recreation Area Wild Rogue 
        Wilderness Additions'' and dated November 19, 2019, which is 
        designated as the ``Rogue Canyon Recreation Area''.
            (2) Molalla recreation area.--The approximately 29,884 
        acres of Bureau of Land Management land within the boundary 
        generally depicted on the map entitled ``Molalla Recreation 
        Area'' and dated September 26, 2018, which is designated as the 
        ``Molalla Recreation Area''.
    (b) Maps and Legal Descriptions.--
            (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 each recreation area designated by 
        subsection (a).
            (2) Effect.--The maps and legal descriptions prepared under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct any 
        minor errors in the maps and legal descriptions.
            (3) Public availability.--The maps and legal descriptions 
        prepared under paragraph (1) shall be available for public 
        inspection in the appropriate offices of the Bureau of Land 
        Management.
    (c) Administration.--
            (1) Applicable law.--The Secretary shall administer each 
        recreation area designated by subsection (a)--
                    (A) in a manner that conserves, protects, and 
                enhances the purposes for which the recreation area is 
                established; and
                    (B) in accordance with--
                            (i) this section;
                            (ii) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.); and
                            (iii) other applicable laws.
            (2) Uses.--The Secretary shall only allow those uses of a 
        recreation area designated by subsection (a) that are 
        consistent with the purposes for which the recreation area is 
        established.
            (3) Wildfire risk assessment.--Not later than 280 days 
        after the date of enactment of this Act, the Secretary, in 
        consultation with the Oregon Governor's Council on Wildfire 
        Response, shall conduct a wildfire risk assessment that 
        covers--
                    (A) the recreation areas designated by subsection 
                (a);
                    (B) the Wild Rogue Wilderness; and
                    (C) any Federal land adjacent to an area described 
                in subparagraph (A) or (B).
            (4) Wildfire mitigation plan.--
                    (A) In general.--Not later than 1 year after the 
                date on which the wildfire risk assessment is conducted 
                under paragraph (3), the Secretary shall develop a 
                wildfire mitigation plan, based on the wildfire risk 
                assessment, that identifies, evaluates, and prioritizes 
                treatments and other management activities that can be 
                implemented on the Federal land covered by the wildfire 
                risk assessment (other than Federal land designated as 
                a unit of the National Wilderness Preservation System) 
                to mitigate wildfire risk to communities located near 
                the applicable Federal land.
                    (B) Plan components.--The wildfire mitigation plan 
                developed under subparagraph (A) shall include--
                            (i) vegetation management projects 
                        (including mechanical treatments to reduce 
                        hazardous fuels and improve forest health and 
                        resiliency);
                            (ii) evacuation routes for communities 
                        located near the applicable Federal land, which 
                        shall be developed in consultation with State 
                        and local fire agencies; and
                            (iii) strategies for public dissemination 
                        of emergency evacuation plans and routes.
                    (C) Applicable law.--The wildfire mitigation plan 
                under subparagraph (A) shall be developed in accordance 
                with--
                            (i) this section; and
                            (ii) any other applicable law.
            (5) Road construction.--
                    (A) In general.--Except as provided in subparagraph 
                (B) or as the Secretary determines necessary for public 
                safety, no new permanent or temporary roads shall be 
                constructed (other than the repair and maintenance of 
                existing roads) within a recreation area designated by 
                subsection (a).
                    (B) Temporary roads.--Consistent with the purposes 
                of this Act, the Secretary may construct temporary 
                roads within a recreation area designated by subsection 
                (a) to implement the wildfire mitigation plan developed 
                under paragraph (4), unless the temporary road would be 
                within an area designated as a unit of the National 
                Wilderness Preservation System.
                    (C) Effect.--Nothing in this paragraph affects the 
                administration by the Secretary of the Molalla Forest 
                Road in accordance with applicable resource management 
                plans.
            (6) Effect on wildfire management.--Nothing in this section 
        alters the authority of the Secretary (in cooperation with 
        other Federal, State, and local agencies, as appropriate) to 
        conduct wildland fire operations within a recreation area 
        designated by subsection (a), consistent with the purposes of 
        this Act.
            (7) Withdrawal.--Subject to valid existing rights, all 
        Federal surface and subsurface land within a recreation area 
        designated by subsection (a) is withdrawn from all forms of--
                    (A) entry, appropriation, or disposal under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) disposition under all laws pertaining to 
                mineral leasing, geothermal leasing, or mineral 
                materials.
            (8) No effect on wilderness areas.--Any wilderness area 
        located within a recreation area designated by subsection (a) 
        shall be administered in accordance with the Wilderness Act (16 
        U.S.C. 1131 et seq.).
    (d) Adjacent Management.--Nothing in this section creates any 
protective perimeter or buffer zone around a recreation area designated 
by subsection (a).

SEC. 4. EXPANSION OF WILD ROGUE WILDERNESS AREA.

    (a) Definitions.--In this section:
            (1) Map.--The term ``map'' means the map entitled ``Rogue 
        Canyon Recreation Area Wild Rogue Wilderness Additions'' and 
        dated November 19, 2019.
            (2) Wilderness additions.--The term ``Wilderness 
        additions'' means the land added to the Wild Rogue Wilderness 
        under subsection (b)(1).
    (b) Expansion of Wild Rogue Wilderness Area.--
            (1) Expansion.--The approximately 59,512 acres of Federal 
        land in the State generally depicted on the map as ``Proposed 
        Wilderness'' shall be added to and administered as part of the 
        Wild Rogue Wilderness in accordance with the Endangered 
        American Wilderness Act of 1978 (16 U.S.C. 1132 note; Public 
        Law 95-237), except that--
                    (A) the Secretary of the Interior and the Secretary 
                of Agriculture shall administer the Federal land under 
                their respective jurisdiction; and
                    (B) any reference in that Act to the Secretary of 
                Agriculture shall be considered to be a reference to 
                the Secretary of Agriculture or the Secretary of the 
                Interior, as applicable.
            (2) Map; legal description.--
                    (A) 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 wilderness 
                area designated by paragraph (1).
                    (B) Force of law.--The map and legal description 
                filed under subparagraph (A) shall have the same force 
                and effect as if included in this section, except that 
                the Secretary may correct typographical errors in the 
                map and legal description.
                    (C) Public availability.--The map and legal 
                description filed under subparagraph (A) shall be on 
                file and available for public inspection in the 
                appropriate offices of the Bureau of Land Management 
                and Forest Service.
            (3) Fire, insects, and disease.--The Secretary may take 
        such measures within the Wilderness additions as the Secretary 
        determines to be necessary for the control of fire, insects, 
        and disease, in accordance with section 4(d)(1) of the 
        Wilderness Act (16 U.S.C. 1133(d)(1)).
            (4) Withdrawal.--Subject to valid existing rights, the 
        Wilderness additions are withdrawn from all forms of--
                    (A) entry, appropriation, or disposal under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) disposition under all laws pertaining to 
                mineral leasing, geothermal leasing, or mineral 
                materials.
            (5) Tribal rights.--Nothing in this subsection alters, 
        modifies, enlarges, diminishes, or abrogates the treaty rights 
        of any Indian Tribe.

SEC. 5. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY AND JOSEPHINE COUNTY, 
              OREGON.

    (a) Definitions.--In this section:
            (1) Eligible federal land.--The term ``eligible Federal 
        land'' means--
                    (A) any federally owned land or interest in land 
                depicted on the Maps as within the Hunter Creek and 
                Pistol River Headwaters Withdrawal Proposal or the 
                Rough and Ready and Baldface Creeks Mineral Withdrawal 
                Proposal; or
                    (B) any land or interest in land located within 
                such withdrawal proposals that is acquired by the 
                Federal Government after the date of enactment of this 
                Act.
            (2) Maps.--The term ``Maps'' means--
                    (A) the Bureau of Land Management map entitled 
                ``Hunter Creek and Pistol River Headwaters Withdrawal 
                Proposal'' and dated January 12, 2015; and
                    (B) the Bureau of Land Management map entitled 
                ``Rough and Ready and Baldface Creeks Mineral 
                Withdrawal Proposal'' and dated January 12, 2015.
    (b) Withdrawal.--Subject to valid existing rights, the eligible 
Federal land 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
            (3) operation under the mineral leasing and geothermal 
        leasing laws.
    (c) Availability of Maps.--Not later than 30 days after the date of 
enactment of this Act, the Maps shall be made available to the public 
at each appropriate office of the Bureau of Land Management.
    (d) Existing Uses Not Affected.--Except with respect to the 
withdrawal under subsection (b), nothing in this section restricts 
recreational uses, hunting, fishing, forest management activities, or 
other authorized uses allowed on the date of enactment of this Act on 
the eligible Federal land in accordance with applicable law.
                                                       Calendar No. 123

118th CONGRESS

  1st Session

                                 S. 440

                          [Report No. 118-51]

_______________________________________________________________________

                                 A BILL

To designate certain land administered by the Bureau of Land Management 
    and the Forest Service in the State of Oregon as wilderness and 
 national recreation areas, to withdraw certain land located in Curry 
     County and Josephine County, Oregon, from all forms of entry, 
appropriation, or disposal under the public land laws, location, entry, 
   and patent under the mining laws, and operation under the mineral 
      leasing and geothermal leasing laws, and for other purposes.

_______________________________________________________________________

                             July 11, 2023

                       Reported without amendment
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