I

103D CONGRESS

1ST SESSION H. R. 3083

To establish the Opal Creek Forest Preserve in the Detroit Ranger District

of the Willamette National Forest in the State of Oregon.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 15, 1993

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

Committees on Natural Resources and Agriculture

A BILL

To establish the Opal Creek Forest Preserve in the Detroit

Ranger District of the Willamette National Forest 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.

4 This Act may be cited as the ‘‘Opal Creek Forest Pre5 serve Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) Old-growth forests are unique ecosystems

9 that serve as critical wildlife habitat for hundreds of
2

•HR 3083 IH

1 vertebrate and invertebrate animals, plants, and

2 fungi.

3 (2) Old-growth forests provide clean and plenti4 ful water and support streams and rivers where wild

5 runs of anadromous and resident cold water fish are

6 wholly dependent on high quantity and quality water

7 for migration, spawning, rearing, and cover that can

8 only be maintained by protecting the watersheds of

9 these steams and rivers.

10 (3) Old-growth forests provide unique and out11 standing opportunities for educational study, sci12 entific research, and recreation.

13 (4) The establishment of a forest preserve to

14 protect areas of old-growth forests can contribute

15 significantly to the quality of life for the residents of

16 the State of Oregon through recreation, education,

17 and a protected water supply.

18 (5) The area containing what is known as the

19 Opal Creek forest is one of the largest remaining in20 tact low-elevation old-growth forest ecosystems in

21 the Western Oregon Cascades with trees up to 1,000

22 years of age.

23 (6) The Opal Creek forest area contains out24 standing geological and botanical features and is sig-
3

•HR 3083 IH

1 nificant to the aboriginal and early mining history of

2 Oregon.

3 (7) The Opal Creek forest area provides rec4 reational opportunities for over 12,000 visitors an5 nually and such recreational use is increasing at a

6 rate of over 50 percent a year.

7 (8) The Opal Creek forest area, which includes

8 4 lakes, 45 miles of free-flowing streams, and over

9 50 waterfalls, continues to be threatened by addi10 tional logging, an activity which will cause irrep11 arable harm to the outstanding ecological, scientific,

12 educational, and recreational values of the area.

13 (9) Preservation of the Opal Creek forest area

14 provides outstanding opportunities for scientists to

15 conduct nondestructive old-growth forest research

16 and for educators to provide scientifically credible

17 information to the public.

18 SEC. 3. OPAL CREEK FOREST PRESERVE.

19 (a) ESTABLISHMENT OF PRESERVE.—There is here20 by established the Opal Creek Forest Preserve (in this Act

21 referred to as the ‘‘Preserve’’) for the purpose developing

22 and maintaining the research, educational, and rec23 reational values of the Preserve.

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

25 consist of those Federal lands located in the Detroit Rang-
4

•HR 3083 IH

1 er District of the Willamette National Forest in the State

2 of Oregon that are generally depicted on the map dated

3 June 18, 1992, and entitled the ‘‘Opal Creek Preserve

4 Area’’. The Preserve shall also include such additions to

5 the Preserve as may be added under section 5.

6 SEC. 4. MANAGEMENT OF THE PRESERVE.

7 (a) DEVELOPMENT OF COOPERATIVE MANAGEMENT

8 PLAN.—The Secretary of Agriculture shall develop, in

9 consultation with the nonprofit organization known as the

10 Friends of Opal Creek (or its successors in interest), a

11 cooperative management plan for the Preserve to address

12 suitable research, recreational, and educational uses for

13 each drainage and subdrainage within the Preserve. Devel14 opment of the management plan shall be consistent with

15 the standards and guidelines specified in subsections (b)

16 and (c).

17 (b) STANDARDS.—The standards by which the Sec18 retary of Agriculture shall manage the Preserve are as fol19 lows:

20 (1) TIMBER HARVESTING.—The Secretary shall

21 prohibit timber harvesting in the Preserve, except to

22 the extent such harvesting is determined by the Sec23 retary to be necessary for the subsistence use of

24 dead and downed timber for firewood and other pur25 poses in research and educational facilities located
5

•HR 3083 IH

1 within the Preserve or is conducted pursuant to a

2 special use permit issued by the Secretary. The Sec3 retary shall immediately terminate further planning

4 regarding the Cedar and Elkhorn Creek timber

5 sales.

6 (2) NONMOTORIZED RECREATION.—The Sec7 retary shall permit nonmotorized recreation in the

8 area that does not conflict with or adversely affect

9 the old-growth forest ecosystem or research or edu10 cational activities conducted in the Preserve.

11 (3) ROAD CONSTRUCTION.—Except to the ex12 tent authorized pursuant to paragraph (5), the Sec13 retary shall prohibit the construction of new roads in

14 the area.

15 (4) SPECIAL USE PERMITS.—Special use per16 mits regarding the Preserve in existence on the date

17 of the enactment of this Act shall continue pursuant

18 to the terms of the permits, except that the Sec19 retary—

20 (A) shall convert the applicable parts of

21 the plan of operation of the Shiny Rock Mining

22 Company to special use permits for use by the

23 Friends of Opal Creek (or its successors in in24 terest);
6

•HR 3083 IH

1 (B) may issue special use permits after

2 such date to the Friends of Opal Creek (or its

3 successors in interest) for activities consistent

4 with the management plan developed under

5 subsection (a); and

6 (C) may issue special use permits after

7 such date in connection with exploration, min8 ing, and mining-related activities in the Bornite

9 Project Area, as depicted on the map described

10 in section 3(a).

11 (5) ROADS, STRUCTURES, AND UTILITIES.—

12 Roads, structures, and utilities (including power

13 lines, telephone lines, and water lines) shall be al14 lowed inside the Preserve to serve activities con15 ducted on land outside the Preserve pursuant to spe16 cial use permits issued before the date of the enact17 ment of this Act or pursuant to the exceptions con18 tained in paragraph (4).

19 (c) GUIDELINES.—The guidelines by which the Sec20 retary shall manage the Preserve are as follows:

21 (1) RESEARCH.—The Secretary shall promote

22 nondestructive research in the Preserve regarding

23 old-growth forests.
7

•HR 3083 IH

1 (2) EDUCATION.—The Secretary shall conduct

2 educational programs in the Preserve for the public

3 regarding old-growth forests.

4 (3) PRESERVATION OF HISTORIC ASSETS.—The

5 Secretary shall preserve historic assets in the Pre6 serve.

7 (d) WITHDRAWAL.—Subject to valid existing rights,

8 Federal lands in the Preserve are withdrawn from disposi9 tion under the public land laws and from location, entry,

10 and patent under the mining laws of the United States,

11 from the operation of the mineral leasing laws of the Unit12 ed States, and from operation of the Geothermal Steam

13 Act of 1970 (30 U.S.C. 1001 et seq.). The withdrawal pro14 vided by this subsection shall also apply to any Federal

15 lands added to the Preserve after the date of the enact16 ment of this Act, including lands in the Bornite Project

17 Area added to the Preserve pursuant to section 5(e), ex18 cept that the withdrawal shall apply to such lands only

19 after they have been added to the Preserve.

20 (e) SUPPORT FOR PRIVATE INHOLDINGS.—The Sec21 retary may support the management by a nonprofit orga22 nization of a private inholding in the special management

23 area that is held by the organization if the organization

24 agrees to manage the inholding in compliance with the

25 standards and guidelines specified in this section.
8

•HR 3083 IH

1 SEC. 5. ACCESS TO AND ACQUISITION OF NON-FEDERAL

2 LAND.

3 (a) INVENTORY OF NON-FEDERAL LANDS.—The

4 Secretary of Agriculture shall conduct an inventory of

5 non-Federal lands and interests in lands, including sev6 ered mineral estates, situated within the Preserve.

7 (b) LAND CONSOLIDATION PROGRAM.—Using the in8 ventory required by subsection (a), the Secretary of Agri9 culture shall pursue a land consolidation program to ac10 quire (through purchase or the exchange of Federal lands

11 or interests in lands under the jurisdiction of the Sec12 retary) lands and interests in lands identified in the inven13 tory that would be suitable for inclusion in the Preserve.

14 In pursuing such land consolidation program, the Sec15 retary may not acquire lands or interests in lands by con16 demnation proceedings for inclusion in the Preserve.

17 (c) PURCHASE OF CERTAIN PARCELS REQUIRED.—

18 The Secretary shall endeavor to purchase at fair market

19 value (and not by condemnation proceedings) the following

20 parcels of real property for inclusion in the Preserve:

21 (1) 60 acres on Stoney Ridge owned by the

22 Friends of Opal Creek (or its sucessors in interest)

23 (Mineral Survey Number 887 Black Prince, Prin24 cess, and King #4 patented mining claims).

25 (2) 80 acres in Gold Creek owned by the Times

26 Mirror Corporation (Mineral Survey Number 905
9

•HR 3083 IH

1 Eureka #6, #7, #8, and #13 patented mining

2 claims).

3 (d) REPORT ON ADDITIONAL ACQUISITION.—The

4 Secretary shall submit an annual report on the status of

5 the land consolidation program required by subsection (b)

6 to the Committee on Agriculture and the Committee on

7 Interior and Insular Affairs of the House of Representa8 tives and the Committee on Energy and Natural Re9 sources and the Committee on Agriculture, Nutrition, and

10 Forestry of the Senate. As part of the first such report,

11 the Secretary shall evaluate the practicality of acquiring

12 for the Preserve 640 acres in the Cedar Creek area owned

13 by the Rosboro Lumber Company.

14 (e) ADDITION OF BORNITE PROJECT AREA.—

15 (1) ADDITION UNDER CERTAIN CIR16 CUMSTANCES.—Lands that are located within the

17 Bornite Project Area and excluded from the Pre18 serve as depicted on the map described in section

19 3(b) shall be added to the Preserve upon the occur20 rence of either of the following events:

21 (A) The determination by the Director of

22 the Bureau of Land Management, including the

23 conclusion of all appeals, if any, resulting from

24 the determination, that the mining claims on

25 the lands are no longer valid.
10

•HR 3083 IH

1 (B) The completion of all exploration, min2 ing, and reclamation activities, including the re3 lease of all reclamation bonds, on the mining

4 claims on the lands.

5 (2) MINING CLAIMS.—Mining claims on lands

6 located in the Bornite Project Area may be patented

7 in accordance with applicable Federal law for mining

8 purposes only. Upon the cessation of exploration,

9 mining, and reclamation activities on the lands as

10 provided in paragraph (1)(B), the patented lands

11 shall be reconveyed to the Federal Government or,

12 at the option of the patentee, be conveyed to the

13 Friends of Opal Creek (or its successors in interest).

14 (f) ACCESS TO INHOLDINGS.—The use of access

15 roads to inholdings within the Preserve that are in use

16 as of the date of the enactment of this Act shall be allowed

17 to continue. These access roads may be maintained in sub18 stantially the same condition as the roads were in on such

19 date, but shall not be enhanced or subject to materially

20 intensified use except to serve the Bornite Project Area

21 in accordance with special use permits issued under sec22 tion 4(b)(4)(C).

23 SEC. 6. GRANDFATHER CLAUSE.

24 Nothing in this Act shall affect the operation of any

25 timber sale contract entered into, or interfere with any ac-
11

•HR 3083 IH

1 tivity for which a special use permit has been issued (and

2 not revoked), before the date of the enactment of this Act,

3 subject to the terms of the contract or permit. In addition,

4 nothing in this Act shall interfere with any activity for

5 which a special use permit is issued under section 4(b)(4)

6 pursuant to an environmental assessment or final environ7 mental impact statement and record of decision issued be8 fore such date.

Æ