89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–336 

TO AMEND THE WILD AND SCENIC RIVERS ACT TO DESIGNATE SEGMENTS 

OF THE MOLALLA RIVER IN OREGON, AS COMPONENTS OF THE NATIONAL WILD AND SCENIC RIVERS SYSTEM, AND FOR OTHER PURPOSES 

NOVEMBER 16, 2009.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 2781] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2781) to amend the Wild and Scenic Rivers Act to designate segments of the Molalla River in Oregon, as components of 

the National Wild and Scenic Rivers System, and for other purposes, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. 

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 

adding at the end the following: 

‘‘(lll) MOLALLA RIVER, OREGON.—The following segments in the State of Oregon, to be administered by the Secretary of the Interior as a recreational river: 

‘‘(A) MOLALLA RIVER.—The approximately 15.1 miles from the southern 

boundary line of section 19, Township 7 south, Range 4 east downstream to the 

edge of the Bureau of Land Management boundary in section 7, Township 6 

south, Range 3 east. 

‘‘(B) TABLE ROCK FORK MOLALLA RIVER.—The approximately 6.2 miles from 

the easternmost Bureau of Land Management boundary line in the northeast 

quarter of section 4, Township 7 south, Range 4 east downstream to the confluence with the Molalla River.’’. 


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PURPOSE OF THE BILL

The purpose of H.R. 2781 is to amend the Wild and Scenic Rivers 

Act to designate segments of the Molalla River in Oregon, as components of the National Wild and Scenic Rivers System, and for 

other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 2781 would add two segments of the Molalla River, totaling 

21.3 miles, in northwestern Oregon to the National Wild and Scenic Rivers System. The Molalla rises in the Cascade Range, east of 

Salem. From its headwaters above the Table Rock Wilderness 

Area, the river flows through cedar, hemlock, and old-growth Douglas fir forests, and basalt rock canyons until it meets the Willamette River near Canby. 

Both Canby and the city of Molalla draw their water from the 

river, and thousands visit the river corridor every year to recreate. 

There are more than 30 miles of non-motorized trails leading to numerous waterfalls and vistas. This river and its surrounds also contain critical habitat for rare creatures including the northern spotted owl, pileated woodpecker, red tree vole, red-legged frog, and pacific giant salamander. 

The upper river and its major tributaries provide critical spawning and rearing habitat for steelhead, salmon and native wild cutthroat trout. Distinct populations of Molalla River steelhead and 

salmon are listed as threatened under the Endangered Species Act. 

H.R. 2781 designates two segments of the Molalla as a recreational 

river: 15.1 miles on the main stem, and 6.2 miles on the Table 

Rock Fork. 

COMMITTEE ACTION

H.R. 2781 was introduced June 9, 2009, by Representative Kurt 

Schrader (D–OR). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on 

National Parks, Forests and Public Lands. At an October 1, 2009, 

hearing before the Subcommittee, a representative of the Department of the Interior testified that the Department supports the bill 

and recommended technical changes. 

On October 28, 2009, the Subcommittee was discharged from further consideration of H.R. 2781 and the full Natural Resources 

Committee met to consider the bill. Subcommittee Chairman Rau ́l 

Grijalva (D–AZ) offered an en bloc amendment to make technical 

changes to the bill, including specifying that the two segments of 

the river will be managed as a recreational river, and deleting language that is redundant to the underlying Wild and Scenic Rivers 

Act. The amendment was agreed to by voice vote. 

Rep. Rob Bishop (R–UT) offered an amendment to require the 

Bureau of Land Management to designate new lands available for 

timber production to offset any loss of timber lands as a result of 

the bill. The amendment was ruled non-germane. 

The bill, as amended, was then ordered favorably reported to the 

House of Representatives by a rollcall vote of 23 to 18, as follows: 


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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 and Article IV, section 3 of the Constitution 

of the United States grants Congress the authority to enact this 

bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to amend the Wild and Scenic Rivers Act to designate 

segments of the Molalla River in Oregon, as components of the National Wild and Scenic Rivers System, and for other purposes. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 2781—A bill to amend the Wild and Scenic Rivers Act to designate segments of the Molalla River in Oregon as components 

of the National Wild and Scenic Rivers System 

H.R. 2781 would designate two segments of the Molalla River in 

Oregon as a recreational river within the National Wild and Scenic 

Rivers System. Based on information provided by the Bureau of 

Land Management, which administers the two river segments that 

would be affected by the proposed designation, implementing the 

bill would have no effect on the federal budget. The affected segments, which total about 21 miles, are already protected for wilderness values, and the proposed designation would not significantly 

affect the way they are administered. 

H.R. 2781 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

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

The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 


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COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 2781 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

WILD AND SCENIC RIVERS ACT 

* * * * * * * 

SEC. 3. (a) The following rivers and the land adjacent thereto are 

hereby designated as components of the national wild and scenic 

rivers system: 

(1) * * * 

* * * * * * * 

(lll) MOLALLA RIVER, OREGON.—The following segments in 

the State of Oregon, to be administered by the Secretary of the Interior as a recreational river: 

(A) MOLALLA RIVER.—The approximately 15.1 miles from the 

southern boundary line of section 19, Township 7 south, Range 

4 east downstream to the edge of the Bureau of Land Management boundary in section 7, Township 6 south, Range 3 east. 

(B) TABLE ROCK FORK MOLALLA RIVER.—The approximately 

6.2 miles from the easternmost Bureau of Land Management 

boundary line in the northeast quarter of section 4, Township 

7 south, Range 4 east downstream to the confluence with the 

Molalla River. 

* * * * * * * 


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DISSENTING VIEWS 

At the October 1, 2009 Subcommittee on National Parks, Forests 

and Public Lands hearing where H.R. 2781 was considered, Rep. 

Schrader, the sponsor of the legislation, testified: 

Under my bill there is approximately 420 acres of timber 

management acres or ‘‘matrix’’ lands that would be impacted. While this represents a relatively small amount of 

impacted timber lands, I am sensitive to the reduction. 

Therefore, as the committee moves forward, I would ask 

the Chairman and Ranking Member to work with me and 

my staff to ensure there will be no net-loss of the acres 

available for timber management as a result of this legislation. 

Mr. Schrader was right to identify a no net-loss provision as an 

essential part of the bill in light of Oregon’s 11% + unemployment 

rate and the collapse of the wood products industry that was once 

a powerful piston in the state’s economic engine. A recent report 

by the Pew Center on the States cited Oregon as one of nine states 

that could follow California into a budget abyss. The timber industry is a large part of the tax base in many communities throughout 

the Northwest. The recent recession has sharply accelerated the decline of the industry but for close to a decade Congress has helped 

offset the loss of timber receipts by creating and reauthorizing the 

Secure Rural Schools program which has cost billions of dollars. To 

simply continue to lock up more and more lands to appease special 

interest groups without finding other lands to offset these lost 

acres is not only fiscally and economically irresponsible but environmentally ignorant, as well. 

However, the Democrat majority on the Committee not only 

failed to add the language Mr. Schrader called for in their bill, they 

also blocked a vote on an offset timber land amendment. By rejecting the amendment, the Democrat majority produced a bill that denies resources to an economy that is languishing as well as a funding source for schools. Each acre that is whittled away is an acre 

that could have been used to pay for another teacher, needed public 

infrastructure, or even firefighting equipment. 

ROB BISHOP. 

Æ 


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