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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3083 Introduced in House (IH)]

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.

    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 ``Opal Creek Forest Preserve Act of 
1993''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Old-growth forests are unique ecosystems that serve as 
        critical wildlife habitat for hundreds of vertebrate and 
        invertebrate animals, plants, and fungi.
            (2) Old-growth forests provide clean and plentiful water 
        and support streams and rivers where wild runs of anadromous 
        and resident cold water fish are wholly dependent on high 
        quantity and quality water for migration, spawning, rearing, 
        and cover that can only be maintained by protecting the 
        watersheds of these steams and rivers.
            (3) Old-growth forests provide unique and outstanding 
        opportunities for educational study, scientific research, and 
        recreation.
            (4) The establishment of a forest preserve to protect areas 
        of old-growth forests can contribute significantly to the 
        quality of life for the residents of the State of Oregon 
        through recreation, education, and a protected water supply.
            (5) The area containing what is known as the Opal Creek 
        forest is one of the largest remaining intact low-elevation 
        old-growth forest ecosystems in the Western Oregon Cascades 
        with trees up to 1,000 years of age.
            (6) The Opal Creek forest area contains outstanding 
        geological and botanical features and is significant to the 
        aboriginal and early mining history of Oregon.
            (7) The Opal Creek forest area provides recreational 
        opportunities for over 12,000 visitors annually and such 
        recreational use is increasing at a rate of over 50 percent a 
        year.
            (8) The Opal Creek forest area, which includes 4 lakes, 45 
        miles of free-flowing streams, and over 50 waterfalls, 
        continues to be threatened by additional logging, an activity 
        which will cause irreparable harm to the outstanding 
        ecological, scientific, educational, and recreational values of 
        the area.
            (9) Preservation of the Opal Creek forest area provides 
        outstanding opportunities for scientists to conduct 
        nondestructive old-growth forest research and for educators to 
        provide scientifically credible information to the public.

SEC. 3. OPAL CREEK FOREST PRESERVE.

    (a) Establishment of Preserve.--There is hereby established the 
Opal Creek Forest Preserve (in this Act referred to as the 
``Preserve'') for the purpose developing and maintaining the research, 
educational, and recreational values of the Preserve.
    (b) Description of Preserve.--The Preserve shall consist of those 
Federal lands located in the Detroit Ranger District of the Willamette 
National Forest in the State of Oregon that are generally depicted on 
the map dated June 18, 1992, and entitled the ``Opal Creek Preserve 
Area''. The Preserve shall also include such additions to the Preserve 
as may be added under section 5.

SEC. 4. MANAGEMENT OF THE PRESERVE.

    (a) Development of Cooperative Management Plan.--The Secretary of 
Agriculture shall develop, in consultation with the nonprofit 
organization known as the Friends of Opal Creek (or its successors in 
interest), a cooperative management plan for the Preserve to address 
suitable research, recreational, and educational uses for each drainage 
and subdrainage within the Preserve. Development of the management plan 
shall be consistent with the standards and guidelines specified in 
subsections (b) and (c).
    (b) Standards.--The standards by which the Secretary of Agriculture 
shall manage the Preserve are as follows:
            (1) Timber harvesting.--The Secretary shall prohibit timber 
        harvesting in the Preserve, except to the extent such 
        harvesting is determined by the Secretary to be necessary for 
        the subsistence use of dead and downed timber for firewood and 
        other purposes in research and educational facilities located 
        within the Preserve or is conducted pursuant to a special use 
        permit issued by the Secretary. The Secretary shall immediately 
        terminate further planning regarding the Cedar and Elkhorn 
        Creek timber sales.
            (2) Nonmotorized recreation.--The Secretary shall permit 
        nonmotorized recreation in the area that does not conflict with 
        or adversely affect the old-growth forest ecosystem or research 
        or educational activities conducted in the Preserve.
            (3) Road construction.--Except to the extent authorized 
        pursuant to paragraph (5), the Secretary shall prohibit the 
        construction of new roads in the area.
            (4) Special use permits.--Special use permits regarding the 
        Preserve in existence on the date of the enactment of this Act 
        shall continue pursuant to the terms of the permits, except 
        that the Secretary--
                    (A) shall convert the applicable parts of the plan 
                of operation of the Shiny Rock Mining Company to 
                special use permits for use by the Friends of Opal 
                Creek (or its successors in interest);
                    (B) may issue special use permits after such date 
                to the Friends of Opal Creek (or its successors in 
                interest) for activities consistent with the management 
                plan developed under subsection (a); and
                    (C) may issue special use permits after such date 
                in connection with exploration, mining, and mining-
                related activities in the Bornite Project Area, as 
                depicted on the map described in section 3(a).
            (5) Roads, structures, and utilities.--Roads, structures, 
        and utilities (including power lines, telephone lines, and 
        water lines) shall be allowed inside the Preserve to serve 
        activities conducted on land outside the Preserve pursuant to 
        special use permits issued before the date of the enactment of 
        this Act or pursuant to the exceptions contained in paragraph 
        (4).
    (c) Guidelines.--The guidelines by which the Secretary shall manage 
the Preserve are as follows:
            (1) Research.--The Secretary shall promote nondestructive 
        research in the Preserve regarding old-growth forests.
            (2) Education.--The Secretary shall conduct educational 
        programs in the Preserve for the public regarding old-growth 
        forests.
            (3) Preservation of historic assets.--The Secretary shall 
        preserve historic assets in the Preserve.
    (d) Withdrawal.--Subject to valid existing rights, Federal lands in 
the Preserve are withdrawn from disposition under the public land laws 
and from location, entry, and patent under the mining laws of the 
United States, from the operation of the mineral leasing laws of the 
United States, and from operation of the Geothermal Steam Act of 1970 
(30 U.S.C. 1001 et seq.). The withdrawal provided by this subsection 
shall also apply to any Federal lands added to the Preserve after the 
date of the enactment of this Act, including lands in the Bornite 
Project Area added to the Preserve pursuant to section 5(e), except 
that the withdrawal shall apply to such lands only after they have been 
added to the Preserve.
    (e) Support for Private Inholdings.--The Secretary may support the 
management by a nonprofit organization of a private inholding in the 
special management area that is held by the organization if the 
organization agrees to manage the inholding in compliance with the 
standards and guidelines specified in this section.

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

    (a) Inventory of Non-Federal Lands.--The Secretary of Agriculture 
shall conduct an inventory of non-Federal lands and interests in lands, 
including severed mineral estates, situated within the Preserve.
    (b) Land Consolidation Program.--Using the inventory required by 
subsection (a), the Secretary of Agriculture shall pursue a land 
consolidation program to acquire (through purchase or the exchange of 
Federal lands or interests in lands under the jurisdiction of the 
Secretary) lands and interests in lands identified in the inventory 
that would be suitable for inclusion in the Preserve. In pursuing such 
land consolidation program, the Secretary may not acquire lands or 
interests in lands by condemnation proceedings for inclusion in the 
Preserve.
    (c) Purchase of Certain Parcels Required.--The Secretary shall 
endeavor to purchase at fair market value (and not by condemnation 
proceedings) the following parcels of real property for inclusion in 
the Preserve:
            (1) 60 acres on Stoney Ridge owned by the Friends of Opal 
        Creek (or its sucessors in interest) (Mineral Survey Number 887 
        Black Prince, Princess, and King #4 patented mining claims).
            (2) 80 acres in Gold Creek owned by the Times Mirror 
        Corporation (Mineral Survey Number 905 Eureka #6, #7, #8, and 
        #13 patented mining claims).
    (d) Report on Additional Acquisition.--The Secretary shall submit 
an annual report on the status of the land consolidation program 
required by subsection (b) to the Committee on Agriculture and the 
Committee on Interior and Insular Affairs of the House of 
Representatives and the Committee on Energy and Natural Resources and 
the Committee on Agriculture, Nutrition, and Forestry of the Senate. As 
part of the first such report, the Secretary shall evaluate the 
practicality of acquiring for the Preserve 640 acres in the Cedar Creek 
area owned by the Rosboro Lumber Company.
    (e) Addition of Bornite Project Area.--
            (1) Addition under certain circumstances.--Lands that are 
        located within the Bornite Project Area and excluded from the 
        Preserve as depicted on the map described in section 3(b) shall 
        be added to the Preserve upon the occurrence of either of the 
        following events:
                    (A) The determination by the Director of the Bureau 
                of Land Management, including the conclusion of all 
                appeals, if any, resulting from the determination, that 
                the mining claims on the lands are no longer valid.
                    (B) The completion of all exploration, mining, and 
                reclamation activities, including the release of all 
                reclamation bonds, on the mining claims on the lands.
            (2) Mining claims.--Mining claims on lands located in the 
        Bornite Project Area may be patented in accordance with 
        applicable Federal law for mining purposes only. Upon the 
        cessation of exploration, mining, and reclamation activities on 
        the lands as provided in paragraph (1)(B), the patented lands 
        shall be reconveyed to the Federal Government or, at the option 
        of the patentee, be conveyed to the Friends of Opal Creek (or 
        its successors in interest).
    (f) Access to Inholdings.--The use of access roads to inholdings 
within the Preserve that are in use as of the date of the enactment of 
this Act shall be allowed to continue. These access roads may be 
maintained in substantially the same condition as the roads were in on 
such date, but shall not be enhanced or subject to materially 
intensified use except to serve the Bornite Project Area in accordance 
with special use permits issued under section 4(b)(4)(C).

SEC. 6. GRANDFATHER CLAUSE.

    Nothing in this Act shall affect the operation of any timber sale 
contract entered into, or interfere with any activity for which a 
special use permit has been issued (and not revoked), before the date 
of the enactment of this Act, subject to the terms of the contract or 
permit. In addition, nothing in this Act shall interfere with any 
activity for which a special use permit is issued under section 4(b)(4) 
pursuant to an environmental assessment or final environmental impact 
statement and record of decision issued before such date.

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