Union Calendar No. 375

103D CONGRESS

2D SESSION H. R. 3905

[Report No. 103–683, Parts I and II]

A BILL

To provide for the establishment and management

of Oregon.of the Opal Creek Forest Preserve in the State

AUGUST 8, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 375

103D CONGRESS

2D SESSION H. R. 3905

[Report No. 103–683, Parts I and II]

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

AUGUST 8, 1994

Additional sponsors: Mr. WYDEN, Ms. FURSE, Mr. WALSH, Mr. FARR of California, Mr. BARRETT of Wisconsin, Mr. COPPERSMITH, Mr. KANJORSKI,

Mr. BRYANT, Mr. STARK, Mr. BACCHUS of Florida, Mr. BOUCHER, Mr.

WAXMAN, Mr. GIBBONS, Mr. RICHARDSON, Mr. ORTIZ, Mr.

MCDERMOTT, Mr. SERRANO, Mr. ABERCROMBIE, Mr. STRICKLAND, Mr.

SPRATT, Mr. MENENDEZ, Ms. VELA ́ZQUEZ, Mr. GORDON, Mr. HEFNER,

Mr. DERRICK, Mr. KREIDLER, Mr. LAROCCO, Ms. MCKINNEY, Ms.

PELOSI, Ms. ROYBAL-ALLARD, Mr. WATT, Mr. HAMBURG, Mrs. MEYERS

of Kansas, Mr. EVANS, Mr. DELLUMS, Mr. BROWN of California, Mr.

MINGE, Mr. CLAY, and Ms. SHEPHERD

AUGUST 8, 1994

Reported from the Committee on Natural Resources with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

AUGUST 8, 1994

Reported from the Committee on Agriculture with an amendment, committed

to the Committee of the Whole House on the State of the Union, and

ordered to be printed

[Strike out all after the enacting clause and insert the part printed in boldface roman]

[For text of introduced bill, see copy of bill as introduced on February 24, 1994]
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A BILL

To provide for the establishment and management of the

Opal Creek Forest Preserve 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 AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Opal Creek Forest Preserve Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 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. Authority of the Secretary and responsible parties to conduct environmental response actions or pursue liability.

Sec. 9. Grandfather clause.

8 SEC. 2. FINDINGS AND PURPOSE.

9 (a) FINDINGS.—The Congress finds the following:

10 (1) Old-growth forests are unique ecosystems that

11 serve as critical habitat for hundreds of vertebrate

12 and invertebrate animals, plants, and fungi.

13 (2) Old-growth forests provide clean and plenti14 ful water and support streams and rivers containing

15 runs of anadromous and resident cold water fish,

16 which are wholly dependent on high quantity and
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1 quality water for migration, spawning, rearing, and

2 cover.

3 (3) The high quantity and quality of water in

4 streams and rivers in old-growth forests can only be

5 maintained by protecting the watersheds of these

6 streams and rivers.

7 (4) Old-growth forests provide unique and out8 standing opportunities for educational study, sci9 entific research, and recreation.

10 (5) The establishment of a watershed and forest

11 preserve to protect areas of old-growth forests and sur12 face waters can contribute significantly to the quality

13 of life for the residents of the State of Oregon through

14 education, recreation, and a protected water supply.

15 (6) The area known as the Opal Creek Forest, lo16 cated on the upper Little North Fork of the Santiam

17 River in the State of Oregon, contains one of the larg18 est remaining intact old-growth forest ecosystems in

19 the Western Oregon Cascades. Although the landscape

20 mosaic in the Opal Creek Forest may reflect some

21 past logging, young stands of trees in the area mainly

22 owe their existence to natural disturbances, chiefly

23 wildfire.
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1 (7) The Opal Creek Forest contains outstanding

2 geological and botanical features and contains at3 tributes of historic and prehistoric importance.

4 (8) The recreational use of the Opal Creek For5 est, typically in the form of hiking, sightseeing, and

6 the general enjoyment of the outdoor environment, is

7 significant and likely to increase.

8 (9) It is desirable to limit the human-related dis9 turbances and development of the Opal Creek Forest

10 in order to protect fully the special features of the for11 est and maintain the full potential of its watershed

12 for scientific, educational, and research purposes.

13 (10) Preservation of the Opal Creek Forest pro14 vides outstanding opportunities for scientists to con15 duct research regarding old-growth forests and for

16 educators to provide scientifically credible informa17 tion to the public.

18 (b) PURPOSES.—The purposes of this Act are—

19 (1) to protect and preserve the forests and water20 sheds contained in the Opal Creek Forest Preserve;

21 (2) consistent with paragraph (1), to promote

22 and conduct—

23 (A) research in the Preserve regarding old24 growth forests in a manner that does not include
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1 the harvesting of timber or otherwise damage the

2 ecosystem; and

3 (B) educational programs in the Preserve

4 on old-growth forests and cultural and historic

5 resources in the Preserve; and

6 (3) consistent with paragraphs (1) and (2), to

7 permit and regulate recreation in the Preserve.

8 SEC. 3. DEFINITIONS.

9 For purposes of this Act:

10 (1) PRESERVE.—The term ‘‘Preserve’’ means the

11 Opal Creek Forest Preserve established in section 4(a).

12 (2) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means the management plan for the Pre14 serve developed pursuant to section 5(b).

15 (3) SECRETARY.—The term ‘‘Secretary’’ means

16 the Secretary of Agriculture.

17 SEC. 4. OPAL CREEK FOREST PRESERVE.

18 (a) ESTABLISHMENT OF PRESERVE.—There is hereby

19 established the Opal Creek Forest Preserve in order to pro20 tect and preserve the forests and watersheds in the Preserve

21 and to promote the research, educational, and recreational

22 purposes of this Act.

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

24 consist of those Federal lands located in the Willamette and

25 Mt. Hood National Forests in the State of Oregon that are
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1 generally depicted on the map dated August 1994, and enti2 tled the ‘‘Opal Creek Preserve Area’’. The Preserve shall also

3 include such lands as may be added under section 7 of this

4 Act. The map referred to in this subsection shall be kept

5 on file and made available for public inspection in the Of6 fice of the Chief of the Forest Service, United States Depart7 ment of Agriculture.

8 SEC. 5. ADMINISTRATION OF THE PRESERVE.

9 (a) IN GENERAL.—The Secretary shall administer the

10 Preserve in accordance with this Act and with the laws,

11 rules, and regulations applicable to National Forest System

12 lands in a manner that will further the purposes of this

13 Act.

14 (b) MANAGEMENT PLAN.—The Secretary shall prepare

15 a comprehensive management plan for the Preserve to

16 achieve the purposes of this Act. The management plan shall

17 be considered to be a nonsignificant amendment to the Wil18 lamette and Mt. Hood Forest Land and Resource Manage19 ment Plans. The management plan shall be prepared with

20 public involvement which shall include consultation with

21 interested individuals and organizations. The Secretary

22 may enter into memoranda of understanding with inter23 ested parties to accomplish the purposes of this Act. The

24 management plan shall include analysis and direction on

25 the use of campfires within the Preserve.
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1 (c) PROTECTION OF CULTURAL AND HISTORIC RE2 SOURCES.—Not later than one year after the date of the

3 enactment of this Act, the Secretary shall review and revise

4 the inventory of the cultural and historic resources in the

5 area covered by the Preserve, which was originally devel6 oped pursuant to the Oregon Wilderness Act of 1984 (Public

7 Law 98–328; 16 U.S.C. 1131 note). The Secretary shall sub8 mit a report to Congress describing the results of the review

9 of such inventory.

10 (d) APPLICABILITY OF MINING, MINERAL LEASING,

11 AND DISPOSAL LAWS.—

12 (1) RESTRICTION.—After the date of the enact13 ment of this Act—

14 (A) lands within the Preserve shall not be

15 open to the location of mining claims and mill

16 and tunnel sites under the general mining laws

17 of the United States;

18 (B) the Secretary shall not issue any lease

19 under the Mineral Leasing Act (30 U.S.C. 181

20 and following) or the Geothermal Steam Act of

21 1970 (30 U.S.C. 100 and following) for lands

22 within the Preserve; and

23 (C) lands within the Preserve shall not be

24 available for disposal of mineral materials under

25 the Act of July 31, 1947, commonly known as
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1 the Materials Act of 1947 (30 U.S.C. 601 and

2 following).

3 (2) ACQUIRED LANDS.—The restriction provided

4 by paragraph (1) shall also apply to any Federal

5 lands added to the Preserve after the date of the enact6 ment of this Act, except that the restriction shall

7 apply to such lands only upon addition to the Pre8 serve.

9 (e) PRIVATE INHOLDINGS.—The Secretary may co10 operate with, and provide technical assistance to, private

11 landowners, organizations, and other entities holding pri12 vate lands within the boundaries of the Preserve to promote

13 the use and management of such lands in a manner consist14 ent with the purposes of this Act.

15 SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF

16 THE PRESERVE.

17 (a) PROHIBITION ON LOGGING OR OTHER TIMBER

18 HARVESTING.—

19 (1) PROHIBITION.—Except as provided in para20 graph (2), the cutting of trees in the Preserve is pro21 hibited.

22 (2) EXCEPTIONS.—The prohibition contained in

23 paragraph (1) shall not apply to the extent that the

24 Secretary determines that the cutting of specific trees

25 in the Preserve is necessary—
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1 (A) for public safety, such as to control the

2 spread of a forest fire in the Preserve or on lands

3 adjacent to the Preserve; or

4 (B) for administrative use related to activi5 ties permitted in the Preserve.

6 (3) LIMITATION ON EXCEPTION.—The cutting of

7 trees authorized under paragraph (2) may not in8 clude salvage sales or harvests of commercial quan9 tities of timber in the Preserve.

10 (4) COLLECTION OF DOWNED WOOD.—The collec11 tion of downed wood for firewood by permit may be

12 allowed in a manner consistent with the purposes of

13 this Act.

14 (b) PROHIBITION ON OFF ROAD MOTORIZED TRAV15 EL.—

16 (1) PROHIBITION.—Except as provided in para17 graph (2) and subject to valid existing rights, the use

18 of motor vehicles off or outside of the established road19 bed of roads in the Preserve is prohibited.

20 (2) EXCEPTION.—The prohibition contained in

21 paragraph (1) shall not apply to the extent that the

22 Secretary determines that the use of a motor vehicle

23 off or outside of the established roadbed of a road in

24 the Preserve is necessary for administrative purposes

25 or to respond to an emergency.
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1 (c) PROHIBITION ON USE OF CERTAIN ROADS.—

2 (1) PROHIBITION.—Except as provided in para3 graph (2) and subject to valid existing rights, the use

4 of motor vehicles is prohibited on the following roads

5 located in the Preserve:

6 (A) Forest road 2209 from the gate in exist7 ence on the date of the enactment of this Act

8 eastward to the intersection of the road with the

9 wilderness boundary.

10 (B) Forest roads 290 and 330, which are

11 spur roads to the road described in subpara12 graph (A).

13 (2) EXCEPTIONS.—The prohibition contained in

14 paragraph (1) shall not apply to the extent that the

15 Secretary determines that the use of the roads de16 scribed in such paragraph is necessary for adminis17 trative purposes or to respond to an emergency.

18 (3) RULE OF CONSTRUCTION.—Nothing in this

19 subsection shall be construed to prohibit inholders and

20 claim holders of valid mining claims from using the

21 roads described in paragraph (1) for ingress and

22 egress to their inholdings or valid mining claims, sub23 ject to such reasonable terms and conditions, consist24 ent with the purposes of this Act, as the Secretary

25 may prescribe. Nothing in this subsection shall be
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1 construed to prohibit motor vehicle traffic on other

2 roads established in the Preserve, in particular those

3 forest roads providing access for claim holders of

4 valid mining claims for the use of lands in the Pre5 serve or within the Cedar Creek watershed within two

6 miles outside of the boundaries of the Preserve.

7 (d) PROHIBITION ON ROAD CONSTRUCTION.—

8 (1) PROHIBITION.—Except as provided in para9 graph (2) and subsection (e), and subject to valid ex10 isting rights, the construction of new roads is prohib11 ited in the Preserve.

12 (2) EXCEPTIONS.—The prohibition contained in

13 paragraph (1) shall not apply to the extent that the

14 Secretary determines that the construction of new

15 roads, or the improvement of existing roads, in the

16 Preserve is necessary to accomplish the purposes of

17 this Act or to provide access to inholdings or for

18 claim holders of valid mining claims for the use of

19 lands in the Preserve or within the Cedar Creek wa20 tershed within two miles outside of the boundaries of

21 the Preserve. The Secretary may maintain or improve

22 roads in the Preserve to the extent the Secretary deter23 mines that such maintenance or improvements are

24 necessary to accomplish the purposes of this Act, to

25 provide for the protection of the natural resources of
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1 the Preserve, to provide for public safety, or to ensure

2 access for inholders and claims holders of valid min3 ing claims for the use of lands in the Preserve or

4 within the Cedar Creek watershed within two miles

5 outside of the boundaries of the Preserve.

6 (3) LIMITATION ON EXCEPTION.—The construc7 tion or improvement of roads in the Preserve pursu8 ant to paragraph (2) or subsection (e) may not in9 clude paving or any work beyond 50 feet on either

10 side of the centerline of the road bed.

11 (e) UTILITIES AND ACCOMPANYING ROAD.—In compli12 ance with applicable laws and the Willamette National For13 est Land and Resource Management Plan, the Secretary

14 may allow the installation and maintenance of power lines

15 and water lines (and an accompanying service road)

16 through the Preserve to serve authorized activities conducted

17 on land within the Cedar Creek watershed within two miles

18 outside of the boundaries of the Preserve.

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

20 LAND.

21 (a) INVENTORY AND ACQUISITION OF NON-FEDERAL

22 LANDS.—The Secretary shall conduct an inventory of all

23 non-Federal lands and interests in lands within the bound24 aries of the Preserve. The Secretary may acquire such

25 inventoried lands (or interests in such lands) for inclusion
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1 in the Preserve. The Secretary may not acquire, for inclu2 sion in the Preserve, any lands or interests in lands within

3 the boundaries of the Preserve without the consent of the

4 owner, unless the Secretary determines that the land is

5 being developed or managed (or is proposed to be developed

6 or managed) in a manner inconsistent with the purposes

7 of this Act. Nothing in this Act may be construed to prevent

8 the Secretary from increasing the size of the Preserve.

9 (b) SPECIAL RULE FOR SANTIAM NO. 1 LODE MINING

10 CLAIM.—Notwithstanding subsection (a), the parcel of real

11 property located within the boundaries of the Preserve that

12 is known as the Santiam No. 1 lode mining claim and iden13 tified in section 8140 of the Department of Defense Appro14 priations Act, 1992 (Public Law 102–172; 105 Stat. 1213),

15 may be acquired by the Secretary only—

16 (1) by purchase for an amount equal to not more

17 than the sum of—

18 (A) the amount that the original patentee of

19 the parcel paid for the parcel; and

20 (B) the cost of any improvements made to

21 the parcel by the patentee; or

22 (2) by donation.

23 (c) RIGHTS-OF-WAY.—Nothing in this section shall be

24 construed to affect the authority of the Secretary to acquire
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1 road and trail rights-of-way on lands in the Preserve under

2 existing authorities.

3 (d) ACCESS AND UTILITIES TO INHOLDINGS.—

4 (1) IN GENERAL.—In the case of private

5 inholdings located within the boundaries of the Pre6 serve, the Secretary shall authorize the use of Federal

7 land in the Preserve by the holder of the inholding to

8 assure adequate access to the inholding under appli9 cable law.

10 (2) JAWBONE FLATS.—With respect to the

11 inholding known as the Jawbone Flats area, the Sec12 retary shall authorize the use of Federal land in the

13 Preserve by the owners of the inholding to provide for

14 access and utilities for a facility in the inholding if

15 the Secretary determines that the facility (and use of

16 the facility) is consistent with the purposes of this

17 Act.

18 (3) TERMS AND CONDITIONS.—The use of Fed19 eral land in the Preserve under this subsection shall

20 be subject to such reasonable terms and conditions,

21 consistent with the purposes of this Act, as the Sec22 retary may prescribe.
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1 SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE

2 PARTIES TO CONDUCT ENVIRONMENTAL RE3 SPONSE ACTIONS OR PURSUE LIABILITY.

4 (a) REMEDIATION ACTIVITIES.—Nothing in this Act

5 shall be construed to limit the authority of the Secretary

6 or a responsible party to conduct environmental remedi7 ation activities in the Preserve in connection with the re8 lease, threatened release, or clean up of any hazardous sub9 stance or pollutant or contaminant, including response ac10 tions conducted pursuant to the Comprehensive Environ11 mental Response, Compensation, and Liability Act of 1980

12 (42 U.S.C. 9601 et seq.).

13 (b) LIABILITY.—Nothing in this Act shall be construed

14 to limit the authority of the Secretary or a responsible

15 party to address questions of liability related to the release,

16 threatened release, or clean up of any hazardous substance

17 or pollutant or contaminant in the Preserve.

18 SEC. 9. GRANDFATHER CLAUSE.

19 Nothing in this Act shall be construed to affect the op20 eration of any timber sale contract entered into, or interfere

21 with any activity for which a special use permit has been

22 issued (and not revoked), before the date of the enactment

23 of this Act, subject to the terms of the contract or permit.

24 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

25 (a) SHORT TITLE.—This Act may be cited as

26 the ‘‘Opal Creek Forest Preserve Act of 1994’’.
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1 (b) TABLE OF CONTENTS.—The table of con2 tents 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. Authority of the Secretary and responsible parties to

conduct environmental response actions or pursue liability.

Sec. 9. Grandfather clause.

3 SEC. 2. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—Congress finds the follow5 ing:

6 (1) Old-growth forests are unique

7 ecosystems that serve as critical habitat

8 for hundreds of vertebrate and inverte9 brate animals, plants, and fungi.

10 (2) Old-growth forests provide clean

11 and plentiful water and support streams

12 and rivers containing runs of anad13 romous and resident cold water fish,

14 which are wholly dependent on high

15 quantity and quality water for migration,

16 spawning, rearing, and cover.

17 (3) The high quantity and quality of

18 water in streams and rivers in old-growth

19 forests can only be maintained by pro-
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1 tecting the watersheds of these streams

2 and rivers.

3 (4) Old-growth forests provide unique

4 and outstanding opportunities for edu5 cational study, scientific research, and

6 recreation.

7 (5) The establishment of a watershed

8 and forest preserve to protect areas of

9 old-growth forests and surface waters

10 can contribute significantly to the quality

11 of life for the residents of the State of Or12 egon through education, recreation, and

13 a protected water supply.

14 (6) The area known as the Opal Creek

15 Forest, located on the upper Little North

16 Fork of the Santiam River in the State of

17 Oregon, contains one of the largest re18 maining intact old-growth forest

19 ecosystems in the Western Oregon Cas20 cades. Although the landscape mosaic in

21 the Opal Creek Forest may reflect some

22 past logging, young stands of trees in the

23 area mainly owe their existence to natu24 ral disturbances, chiefly wildfire.
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1 (7) The Opal Creek Forest contains

2 outstanding geological and botanical fea3 tures and contains attributes of historic

4 and prehistoric importance.

5 (8) The recreational use of the Opal

6 Creek Forest, typically in the form of hik7 ing, sightseeing, and the general enjoy8 ment of the outdoor environment, is sig9 nificant and likely to increase.

10 (9) It is desirable to limit the human11 related disturbances and development of

12 the Opal Creek Forest to protect fully the

13 special features of the forest and main14 tain the full potential of its watershed for

15 scientific, educational, and non16 destructive research purposes.

17 (10) The preservation of the Opal

18 Creek Forest provides outstanding oppor19 tunities for scientists to conduct non20 destructive research regarding old21 growth forests and for educators to pro22 vide scientifically credible information to

23 the public.

24 (b) PURPOSES.—The purposes of this Act

25 are—
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1 (1) to protect and preserve the forests

2 and watersheds contained in the Opal

3 Creek Forest Preserve; and

4 (2) consistent with paragraph (1), to

5 promote and conduct—

6 (A) nondestructive research in

7 the Preserve regarding old-growth

8 forests; and

9 (B) educational programs in the

10 Preserve regarding old-growth for11 ests and cultural and historic re12 sources in the Preserve; and

13 (3) consistent with paragraphs (1)

14 and (2), to permit and regulate recreation

15 in the Preserve.

16 SEC. 3. DEFINITIONS.

17 For purposes of this Act:

18 (1) PRESERVE.—The term ‘‘Preserve’’

19 means the Opal Creek Forest Preserve es20 tablished under section 4(a).

21 (2) NONDESTRUCTIVE RESEARCH.—The

22 term ‘‘nondestructive research’’ means re23 search conducted in the Preserve that

24 does not involve the harvesting of timber

25 or otherwise damage the ecosystem.
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1 (3) COOPERATIVE MANAGEMENT PLAN.—

2 The term ‘‘cooperative management plan’’

3 means the management plan for the Pre4 serve developed under section 5(b).

5 (4) SECRETARY.—The term ‘‘Secretary’’

6 means the Secretary of Agriculture.

7 SEC. 4. OPAL CREEK FOREST PRESERVE.

8 (a) ESTABLISHMENT OF PRESERVE.—There is

9 hereby established the Opal Creek Forest Pre10 serve to protect and preserve the forests and

11 watersheds in the Preserve and to promote

12 the research, educational, and recreational

13 purposes of this Act.

14 (b) DESCRIPTION OF PRESERVE.—The Pre15 serve shall consist of those Federal lands lo16 cated in the Willamette and Mt. Hood Na17 tional Forests in the State of Oregon that are

18 generally depicted on the map dated August

19 1994, and entitled the ‘‘Opal Creek Preserve

20 Area’’. The Preserve shall also include such

21 lands as may be added under section 7. The

22 map referred to in this subsection shall be

23 kept on file and made available for public in24 spection in the Office of the Chief of the For25 est Service, Department of Agriculture.
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1 SEC. 5. ADMINISTRATION OF THE PRESERVE.

2 (a) IN GENERAL.—The Secretary shall ad3 minister the Preserve in accordance with this

4 Act and the laws, rules, and regulations appli5 cable to National Forest System lands in a

6 manner that will further the purposes of this

7 Act.

8 (b) DEVELOPMENT OF COOPERATIVE MAN9 AGEMENT PLAN.—The Secretary, acting

10 through the Forest Service, shall develop a co11 operative management plan for the Preserve

12 that is consistent with the requirements spec13 ified in this Act and other laws applicable to

14 the Preserve. The cooperative management

15 plan shall be prepared in consultation with,

16 and with significant contributions from, in17 terested individuals and organizations. The

18 Secretary may enter into memoranda of un19 derstanding with interested parties to accom20 plish the purposes of this Act. If the Secretary

21 decides to establish a committee to advise on

22 the development of the cooperative manage23 ment plan, such committee shall not be sub24 ject to the requirements of the Federal Advi25 sory Committee Act (5 U.S.C. App.).
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1 (c) PROTECTION OF CULTURAL AND HISTORIC

2 RESOURCES.—Not later than one year after the

3 date of the enactment of this Act, the Sec4 retary shall review and revise the inventory

5 of the cultural and historic resources in the

6 area covered by the Preserve, which was

7 originally developed under the Oregon Wil8 derness Act of 1984 (Public Law 98–328; 16

9 U.S.C. 1131 note). The Secretary shall submit

10 a report to Congress describing the results of

11 the review of such inventory.

12 (d) WITHDRAWAL.—Subject to valid exist13 ing rights, Federal lands in the Preserve are

14 hereby withdrawn from disposition under the

15 public land laws, from location, entry, and

16 patent under the mining laws of the United

17 States, from the operation of the mineral leas18 ing laws of the United States, and from oper19 ation of the Geothermal Steam Act of 1970 (30

20 U.S.C. 1001 et seq.). The withdrawal provided

21 by this subsection shall also apply to any Fed22 eral lands added to the Preserve after the

23 date of the enactment of this Act, except that

24 the withdrawal shall apply to such lands only

25 upon addition to the Preserve.
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1 (e) PRIVATE INHOLDINGS.—The Secretary

2 may cooperate with, and provide technical as3 sistance to, private landowners, organiza4 tions, and other entities holding private lands

5 within the boundaries of the Preserve to pro6 mote the use and management of such lands

7 in a manner consistent with the purposes of

8 this Act.

9 SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF

10 THE PRESERVE.

11 (a) PROHIBITION ON LOGGING OR OTHER

12 TIMBER HARVESTING.—

13 (1) PROHIBITION.—Except as provided

14 in paragraph (2), the cutting of trees in

15 the Preserve is prohibited.

16 (2) EXCEPTIONS.—The prohibition con17 tained in paragraph (1) shall not apply to

18 the extent that the Secretary determines

19 that the cutting of specific trees in the

20 Preserve is necessary—

21 (A) for public safety, such as to

22 control the spread of a forest fire in

23 actual existence in the Preserve or on

24 lands adjacent to the Preserve;
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1 (B) for administrative use related

2 to activities permitted in the Pre3 serve; or

4 (C) for collection of dead and

5 downed wood to be used for firewood

6 within the boundaries of the Pre7 serve.

8 (3) LIMITATION ON EXCEPTION.—The

9 cutting of trees authorized under para10 graph (2) may not include salvage sales

11 or harvests of commercial quantities of

12 timber in the Preserve.

13 (b) PROHIBITION ON OPEN FIRES.—The Sec14 retary shall prohibit open fires in the Pre15 serve except in designated fire rings.

16 (c) PROHIBITION ON OFF-ROAD MOTORIZED

17 TRAVEL.—

18 (1) PROHIBITION.—Except as provided

19 in paragraph (2) and subject to valid ex20 isting rights, the use of motor vehicles off

21 or outside of the established roadbed of

22 roads in the Preserve is prohibited.

23 (2) EXCEPTION.—The prohibition con24 tained in paragraph (1) shall not apply to

25 the extent that the Secretary determines
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1 that the use of a motor vehicle off or out2 side of the established roadbed of a road

3 in the Preserve is necessary for adminis4 trative purposes or to respond to an

5 emergency.

6 (d) PROHIBITION ON USE OF CERTAIN

7 ROADS.—

8 (1) PROHIBITION.—Except as provided

9 in paragraph (2) and subject to valid ex10 isting rights, the use of motor vehicles is

11 prohibited on the following roads located

12 in the Preserve:

13 (A) Forest road 2209 from the gate

14 in existence on the date of the enact15 ment of this Act eastward to the

16 intersection of the road with the wil17 derness boundary.

18 (B) Forest roads 290 and 330,

19 which are spur roads to the road de20 scribed in subparagraph (A).

21 (2) EXCEPTIONS.—The prohibition con22 tained in paragraph (1) shall not apply to

23 the extent that the Secretary determines

24 that the use of the roads described in

25 such paragraph is necessary for adminis-
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1 trative purposes or to respond to an

2 emergency.

3 (3) RULE OF CONSTRUCTION.—Nothing

4 in this subsection may be construed to

5 prohibit inholders and the possessors of

6 valid mining claims from using the roads

7 described in paragraph (1) for ingress

8 and egress to their inholdings or in con9 nection with the exercise of their valid

10 mining claims, subject to such reasonable

11 terms and conditions, consistent with the

12 purposes of this Act, as the Secretary

13 may prescribe. Nothing in this subsection

14 may be construed to prohibit motor vehi15 cle traffic on other roads established in

16 the Preserve, in particular those forest

17 roads providing access for persons pos18 sessing valid mining claims for the use of

19 lands in the Preserve or within the Cedar

20 Creek watershed within two miles out21 side of the boundaries of the Preserve.

22 (e) PROHIBITION ON ROAD CONSTRUCTION.—

23 (1) PROHIBITION.—Except as provided

24 in paragraph (2) and subsection (f), and

25 subject to valid existing rights, the con-
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1 struction of new roads is prohibited in

2 the Preserve.

3 (2) EXCEPTIONS.—The prohibition con4 tained in paragraph (1) shall not apply to

5 the extent that the Secretary determines

6 that the construction of new roads, or the

7 improvement of existing roads, in the

8 Preserve is necessary to accomplish the

9 purposes of this Act or to provide access

10 to inholdings or for persons possessing

11 valid mining claims for the use of lands

12 in the Preserve or within the Cedar

13 Creek watershed within two miles out14 side of the boundaries of the Preserve.

15 The Secretary may maintain or improve

16 roads in the Preserve to the extent the

17 Secretary determines that such mainte18 nance or improvements are necessary to

19 accomplish the purposes of this Act, to

20 provide for the protection of the natural

21 resources of the Preserve, to provide for

22 public safety, or to ensure access for

23 inholders and persons possessing valid

24 mining claims for the use of lands in the

25 Preserve or within the Cedar Creek wa-
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1 tershed within two miles outside of the

2 boundaries of the Preserve.

3 (3) LIMITATION ON EXCEPTION.—The

4 construction or improvement of roads in

5 the Preserve under paragraph (2) or sub6 section (f) may not include paving or any

7 work beyond 50 feet on either side of the

8 centerline of the road bed.

9 (f) UTILITIES AND ACCOMPANYING ROAD.—In

10 compliance with applicable laws and the Wil11 lamette National Forest Land and Resource

12 Management Plan, the Secretary may allow

13 the installation and maintenance of power

14 lines and water lines (and an accompanying

15 service road) through the Preserve to serve

16 authorized activities conducted on land with17 in the Cedar Creek watershed within two

18 miles outside of the boundaries of the Pre19 serve.

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

21 LAND.

22 (a) INVENTORY AND ACQUISITION OF NON23 FEDERAL LANDS.—The Secretary shall conduct

24 an inventory of all non-Federal lands and in25 terests in lands within the boundaries of the
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1 Preserve. The Secretary may acquire such

2 inventoried lands (or interests in such lands)

3 for inclusion in the Preserve by purchase at

4 not more than fair market value, by donation,

5 or by exchange. The Secretary may not ac6 quire, for inclusion in the Preserve, any lands

7 or interests in lands within the boundaries of

8 the Preserve without the consent of the

9 owner, unless the Secretary determines that

10 the land is being developed or managed (or is

11 proposed to be developed or managed) in a

12 manner inconsistent with the purposes of this

13 Act. Nothing in this Act may be construed to

14 prevent the Secretary from increasing the

15 size of the Preserve.

16 (b) SPECIAL RULE FOR SANTIAM NO. 1 LODE

17 MINING CLAIM.—Notwithstanding subsection

18 (a), the parcel of real property located within

19 the boundaries of the Preserve that is known

20 as the Santiam No. 1 lode mining claim and

21 identified in section 8140 of the Department

22 of Defense Appropriations Act, 1992 (Public

23 Law 102–172; 105 Stat. 1213), may be acquired

24 by the Secretary only—
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1 (1) by purchase for an amount equal

2 to not more than the sum of—

3 (A) the amount that the original

4 patentee of the parcel paid for the

5 parcel; and

6 (B) the cost of any improvements

7 made to the parcel by the patentee;

8 or

9 (2) by donation.

10 (c) RIGHTS-OF-WAY.—Nothing in this sec11 tion may be construed to affect the authority

12 of the Secretary to acquire road and trail

13 rights-of-way on lands in the Preserve under

14 existing authorities.

15 (d) ACCESS AND UTILITIES TO INHOLDINGS.—

16 (1) IN GENERAL.—In the case of private

17 inholdings located within the boundaries

18 of the Preserve, the Secretary shall au19 thorize the use of Federal land in the

20 Preserve by the holder of the inholding

21 to assure adequate access to the

22 inholding under applicable law.

23 (2) JAWBONE FLATS.—With respect to

24 the inholding known as the Jawbone

25 Flats area, the Secretary shall authorize
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1 the use of Federal land in the Preserve

2 by the organization known as the Friends

3 of Opal Creek to provide for access and

4 utilities for a facility in the inholding if

5 the Secretary determines that the facility

6 and use of the facility are consistent with

7 the purposes of this Act.

8 (3) TERMS AND CONDITIONS.—The use

9 of Federal land in the Preserve under

10 this subsection shall be subject to such

11 reasonable terms and conditions, consist12 ent with the purposes of this Act, as the

13 Secretary may prescribe.

14 SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE

15 PARTIES TO CONDUCT ENVIRONMENTAL RE16 SPONSE ACTIONS OR PURSUE LIABILITY.

17 (a) REMEDIAL ACTIVITIES.—Nothing in this

18 Act may be construed to limit the authority of

19 the Secretary or a responsible party to con20 duct environmental remedial activities in the

21 Preserve in connection with the release,

22 threatened release, or removal of any hazard23 ous substance or pollutant or contaminant, in24 cluding response actions conducted under the

25 Comprehensive Environmental Response,
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1 Compensation, and Liability Act of 1980 (42

2 U.S.C. 9601 et seq.).

3 (b) LIABILITY.—Nothing in this Act may be

4 construed to limit the authority of the Sec5 retary or a responsible party to address ques6 tions of liability related to the release, threat7 ened release, or removal of any hazardous

8 substance or pollutant or contaminant in the

9 Preserve.

10 SEC. 9. GRANDFATHER CLAUSE.

11 Nothing in this Act may be construed to

12 affect the operation of any timber sale con13 tract entered into, or interfere with any activ14 ity for which a special use permit has been is15 sued (and not revoked), before the date of the

16 enactment of this Act, subject to the terms of

17 the contract or permit.

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