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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3905 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3905

   To provide for the establishment and management of the Opal Creek 
                Forest Preserve in the State of Oregon.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 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.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Opal Creek Forest 
Preserve Act of 1994''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
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. Bornite Project Area.
Sec. 9. Authority of the Secretary and responsible parties to conduct 
                            environmental response actions or pursue 
                            liability.
Sec. 10. Grandfather clause.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Old-growth forests are unique ecosystems that serve as 
        critical 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 containing runs of anadromous 
        and resident cold water fish, which are wholly dependent on 
        high quantity and quality water for migration, spawning, 
        rearing, and cover.
            (3) The high quantity and quality of water in streams and 
        rivers in old-growth forests can only be maintained by 
        protecting the watersheds of these streams and rivers.
            (4) Old-growth forests provide unique and outstanding 
        opportunities for educational study, scientific research, and 
        recreation.
            (5) The establishment of a watershed and forest preserve to 
        protect areas of old-growth forests and surface waters can 
        contribute significantly to the quality of life for the 
        residents of the State of Oregon through education, recreation, 
        and a protected water supply.
            (6) The area known as the Opal Creek Forest, located on the 
        upper Little North Fork of the Santiam River in the State of 
        Oregon, contains one of the largest remaining intact old-growth 
        forest ecosystems in the Western Oregon Cascades. Although the 
        landscape mosaic in the Opal Creek Forest may reflect some past 
        logging, young stands of trees in the area mainly owe their 
        existence to natural disturbances, chiefly wildfire.
            (7) The Opal Creek Forest contains outstanding geological 
        and botanical features and contains attributes of historic and 
        prehistoric importance.
            (8) The recreational use of the Opal Creek Forest, 
        typically in the form of hiking, sightseeing, and the general 
        enjoyment of the outdoor environment, is significant and likely 
        to increase.
            (9) It is desirable to limit the human-related disturbances 
        and development of the Opal Creek Forest in order to protect 
        fully the special features of the forest and maintain the full 
        potential of its watershed for scientific, educational, and 
        nondestructive research purposes.
            (10) Preservation of the Opal Creek Forest provides 
        outstanding opportunities for scientists to conduct 
        nondestructive research regarding old-growth forests and for 
        educators to provide scientifically credible information to the 
        public.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect and preserve the forests and watersheds 
        contained in the Opal Creek Forest Preserve;
            (2) consistent with paragraph (1), to promote and conduct--
                    (A) nondestructive research in the Preserve 
                regarding old-growth forests; and
                    (B) educational programs in the Preserve regarding 
                old-growth forests and cultural and historic resources 
                in the Preserve; and
            (3) consistent with paragraphs (1) and (2), to permit and 
        regulate recreation in the Preserve.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Preserve.--The term ``Preserve'' means the Opal Creek 
        Forest Preserve established in section 4(a).
            (2) Nondestructive research.--The term ``nondestructive 
        research'' means research conducted in the Preserve that does 
        not involve the harvesting of timber or otherwise damage the 
        ecosystem.
            (3) Cooperative management plan.--The term ``cooperative 
        management plan'' means the management plan for the Preserve 
        developed pursuant to section 5(b).
            (4) Bornite project area.--The term ``Bornite Project 
        Area'' means the area known as the Bornite Project Area, which 
        is excluded from the Preserve as depicted on the map described 
        in section 4(b).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. OPAL CREEK FOREST PRESERVE.

    (a) Establishment of Preserve.--There is hereby established the 
Opal Creek Forest Preserve in order to protect and preserve the forests 
and watersheds in the Preserve and to promote the research, 
educational, and recreational purposes of this Act.
    (b) Description of Preserve.--The Preserve shall consist of those 
Federal lands located in the Willamette and Mt. Hood National Forests 
in the State of Oregon that are generally depicted on the map dated 
October 10, 1993, and entitled the ``Opal Creek Preserve Area''. The 
Preserve shall also include such lands as may be added under section 7 
or 8 of this Act. The map referred to in this subsection shall be kept 
on file and made available for public inspection in the Office of the 
Chief of the Forest Service, Department of Agriculture.

SEC. 5. ADMINISTRATION OF THE PRESERVE.

    (a) In General.--The Secretary shall administer the Preserve in 
accordance with this Act and with the laws, rules, and regulations 
applicable to National Forest System lands in a manner that will 
further the purposes of this Act.
    (b) Development of Cooperative Management Plan.--The Secretary, 
acting through the Forest Service, shall develop a cooperative 
management plan for the Preserve that is consistent with the 
requirements specified in this Act and other laws applicable to the 
Preserve. The cooperative management plan shall be prepared in 
consultation with, and with significant input from, interested 
individuals and organizations. The Secretary is strongly encouraged to 
enter into memoranda of understanding with interested parties to 
accomplish the purposes of this Act.
    (c) Protection of Cultural and Historic Resources.--Not later than 
one year after the date of the enactment of this Act, the Secretary 
shall review and revise the inventory of the cultural and historic 
resources in the area covered by the Preserve, which was originally 
developed pursuant to the Oregon Wilderness Act of 1984 (Public Law 98-
328; 16 U.S.C. 1131 note). The Secretary shall submit a report to 
Congress describing the results of the review of such inventory.
    (d) Withdrawal.--Subject to valid existing rights, Federal lands in 
the Preserve are hereby withdrawn from disposition under the public 
land laws, 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 8, 
except that the withdrawal shall apply to such lands only upon addition 
to the Preserve.
    (e) Private Inholdings.--The Secretary shall cooperate with, and 
provide technical assistance to, private landowners, organizations, and 
other entities holding private lands within the boundaries of the 
Preserve to promote the use and management of such lands in a manner 
consistent with the purposes of this Act.

SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF THE PRESERVE.

    (a) Prohibition on Logging or Other Timber Harvesting.--
            (1) Prohibition.--Except as provided in paragraph (2), the 
        cutting of trees in the Preserve is prohibited.
            (2) Exceptions.--The prohibition contained in paragraph (1) 
        shall not apply to the extent that the Secretary determines 
        that the cutting of specific trees in the Preserve is 
        necessary--
                    (A) for public safety, such as to control the 
                spread of a forest fire in actual existence in the 
                Preserve or on lands adjacent to the Preserve;
                    (B) for administrative use related to activities 
                permitted in the Preserve; or
                    (C) for collection of dead and downed wood to be 
                used for firewood in the Preserve.
            (3) Limitation on exception.--The cutting of trees 
        authorized under paragraph (2) may not include salvage sales or 
        harvests of commercial quantities of timber in the Preserve.
    (b) Prohibition on Open Fires.--The Secretary shall prohibit open 
fires in the Preserve except in designated fire rings.
    (c) Prohibition on Off Road Motorized Travel.--
            (1) Prohibition.--Except as provided in paragraph (2) and 
        subject to valid existing rights, the use of motor vehicles off 
        or outside of the established roadbed of roads in the Preserve 
        is prohibited.
            (2) Exception.--The prohibition contained in paragraph (1) 
        shall not apply to the extent that the Secretary determines 
        that the use of a motor vehicle off or outside of the 
        established roadbed of a road in the Preserve is necessary to 
        respond to an emergency.
    (d) Prohibition on Use of Certain Roads.--
            (1) Prohibition.--Except as provided in paragraph (2) and 
        subject to valid existing rights, the use of motor vehicles is 
        prohibited on the following roads located in the Preserve:
                    (A) Forest road 2209 from the gate in existence on 
                the date of the enactment of this Act eastward to the 
                intersection of the road with the wilderness boundary.
                    (B) Forest roads 290 and 330, which are spur roads 
                to the road described in subparagraph (A).
            (2) Exceptions.--The prohibition contained in paragraph (1) 
        shall not apply to the extent that the Secretary determines 
        that the use of the roads described in such paragraph is 
        necessary for administrative purposes or to respond to an 
        emergency.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to prohibit inholders and the possessors of valid 
        claims from using the roads described in paragraph (1) for 
        ingress and egress to their inholdings or in connection with 
        the exercise of their valid claims, subject to such reasonable 
        terms and conditions, consistent with the purposes of this Act, 
        as the Secretary may prescribe. Nothing in this subsection 
        shall be construed to prohibit motor vehicle traffic on other 
        roads established in the Preserve.
    (e) Prohibition on Road Construction.--
            (1) Prohibition.--Except as provided in paragraph (2) and 
        section 8(d), and subject to valid existing rights, the 
        construction of new roads is prohibited in the Preserve.
            (2) Exceptions.--The prohibition contained in paragraph (1) 
        shall not apply to the extent that the Secretary determines 
        that the construction of new roads in the Preserve is necessary 
        to accomplish the purposes of this Act or to provide access to 
        inholdings. The Secretary may maintain or improve roads in the 
        Preserve to the extent the Secretary determines that such 
        maintenance or improvements are necessary to accomplish the 
        purposes of this Act, to provide for the protection of the 
        natural resources of the Preserve, or to provide for public 
        safety.
            (3) Limitation on exception.--The construction or 
        improvement of roads in the Preserve pursuant to paragraph (2) 
        may not include paving.

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

    (a) Inventory and Acquisition of Non-Federal Lands.--The Secretary 
shall conduct an inventory of all non-Federal lands and interests in 
lands within the boundaries of the Preserve. The Secretary may acquire 
such inventoried lands (or interests in such lands) for inclusion in 
the Preserve by purchase at not more than fair market value, by 
donation, or by exchange. The Secretary may not acquire, for inclusion 
in the Preserve, any lands or interests in lands within the boundaries 
of the Preserve without the consent of the owner, unless the Secretary 
determines that the land is being developed or managed (or is proposed 
to be developed or managed) in a manner inconsistent with the purposes 
of this Act.
    (b) Special Rule for Santiam No. 1 Lode Mining Claim.--
Notwithstanding subsection (a), the parcel of real property located 
within the boundaries of the Preserve that is known as the Santiam No. 
1 lode mining claim and identified in section 8140 of the Department of 
Defense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1213), 
may be acquired by the Secretary only--
            (1) by purchase for an amount equal to not more than the 
        sum of--
                    (A) the amount that the original patentee of the 
                parcel paid for the parcel; and
                    (B) the cost of any improvements made to the parcel 
                by the patentee; or
            (2) by donation.
    (c) Rights-of-Way.--Nothing in this section shall be construed to 
affect the authority of the Secretary to acquire road and trail rights-
of-way on lands in the Preserve under existing authorities.
    (d) Access and Utilities to Inholdings.--
            (1) In general.--In the case of private inholdings located 
        within the boundaries of the Preserve, the Secretary shall 
        authorize the use of Federal land in the Preserve by the holder 
        of the inholding to assure adequate access to the inholding 
        under applicable law.
            (2) Jawbone flats.--With respect to the inholding known as 
        the Jawbone Flats area, the Secretary shall authorize the use 
        of Federal land in the Preserve by the organization known as 
        the Friends of Opal Creek to provide for access and utilities 
        for a facility in the inholding if the Secretary determines 
        that the facility (and use of the facility) is consistent with 
        the purposes of this Act.
            (3) Terms and conditions.--The use of Federal land in the 
        Preserve under this subsection shall be subject to such 
        reasonable terms and conditions, consistent with the purposes 
        of this Act, as the Secretary may prescribe.

SEC. 8. BORNITE PROJECT AREA.

    (a) Addition of Bornite Project Area.--Lands that are located 
within the Bornite Project Area shall be added to the Preserve upon the 
occurrence of either of the following events:
            (1) The determination by the Director of the Bureau of Land 
        Management that the mining claims on the lands are no longer 
        valid and the conclusion of all appeals, if any, resulting from 
        the determination.
            (2) The determination by the Director of the Bureau of Land 
        Management that all exploration, mining, and reclamation 
        activities, including the release of all reclamation bonds, on 
        the mining claims on the lands are completed.
    (b) Prohibition on Patents.--After the date of the enactment of 
this Act, and subject to valid existing rights, no patent shall be 
issued for any mining claim located under the general mining laws 
within the Bornite Project Area.
    (c) Special Use Permits.--Nothing in this Act shall be construed to 
interfere with the ability of the Secretary to issue a special use 
permit in connection with exploration, mining, and mining-related 
activities in the Bornite Project Area.
    (d) Roads, Structures, and Utilities.--Roads, structures, and 
utilities (including power lines and water lines) shall be allowed 
inside the Preserve to serve activities conducted on land within the 
Bornite Project Area.
    (e) Effect on Existing Activities.--Nothing in this Act shall be 
construed to interfere with any exploration, mining, or mining-related 
activity in the Bornite Project Area conducted in accordance with 
applicable laws.

SEC. 9. AUTHORITY OF THE SECRETARY AND RESPONSIBLE PARTIES TO CONDUCT 
              ENVIRONMENTAL RESPONSE ACTIONS OR PURSUE LIABILITY.

    (a) Remediation Activities.--Nothing in this Act shall be construed 
to limit the authority of the Secretary or a responsible party to 
conduct environmental remediation activities in the Preserve or the 
Bornite Project Area in connection with the release, threatened 
release, or clean up of any hazardous substance or pollutant or 
contaminant, including response actions conducted pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601 et seq.).
    (b) Liability.--Nothing in this Act shall be construed to limit the 
authority of the Secretary or a responsible party to address questions 
of liability related to the release, threatened release, or clean up of 
any hazardous substance or pollutant or contaminant in the Preserve or 
the Bornite Project Area.

SEC. 10. GRANDFATHER CLAUSE.

    Nothing in this Act shall be construed to 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.

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