I

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.

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. Bornite Project Area.
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Sec. 9. Authority of the Secretary and responsible parties to conduct environmental response actions or pursue liability.

Sec. 10. Grandfather clause.

1 SEC. 2. FINDINGS AND PURPOSE.

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

3 (1) Old-growth forests are unique ecosystems

4 that serve as critical habitat for hundreds of verte5 brate and invertebrate animals, plants, and fungi.

6 (2) Old-growth forests provide clean and plenti7 ful water and support streams and rivers containing

8 runs of anadromous and resident cold water fish,

9 which are wholly dependent on high quantity and

10 quality water for migration, spawning, rearing, and

11 cover.

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

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

14 maintained by protecting the watersheds of these

15 streams and rivers.

16 (4) Old-growth forests provide unique and out17 standing opportunities for educational study, sci18 entific research, and recreation.

19 (5) The establishment of a watershed and forest

20 preserve to protect areas of old-growth forests and

21 surface waters can contribute significantly to the

22 quality of life for the residents of the State of Or23 egon through education, recreation, and a protected

24 water supply.
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1 (6) The area known as the Opal Creek Forest,

2 located on the upper Little North Fork of the

3 Santiam River in the State of Oregon, contains one

4 of the largest remaining intact old-growth forest

5 ecosystems in the Western Oregon Cascades. Al6 though the landscape mosaic in the Opal Creek For7 est may reflect some past logging, young stands of

8 trees in the area mainly owe their existence to natu9 ral disturbances, chiefly wildfire.

10 (7) The Opal Creek Forest contains outstand11 ing geological and botanical features and contains

12 attributes of historic and prehistoric importance.

13 (8) The recreational use of the Opal Creek For14 est, typically in the form of hiking, sightseeing, and

15 the general enjoyment of the outdoor environment, is

16 significant and likely to increase.

17 (9) It is desirable to limit the human-related

18 disturbances and development of the Opal Creek

19 Forest in order to protect fully the special features

20 of the forest and maintain the full potential of its

21 watershed for scientific, educational, and non22 destructive research purposes.

23 (10) Preservation of the Opal Creek Forest pro24 vides outstanding opportunities for scientists to con25 duct nondestructive research regarding old-growth
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1 forests and for educators to provide scientifically

2 credible information to the public.

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

4 (1) to protect and preserve the forests and wa5 tersheds contained in the Opal Creek Forest Pre6 serve;

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

8 and conduct—

9 (A) nondestructive research in the Preserve

10 regarding old-growth forests; and

11 (B) educational programs in the Preserve

12 regarding old-growth forests and cultural and

13 historic resources in the Preserve; and

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

15 permit and regulate recreation in the Preserve.

16 SEC. 3. DEFINITIONS.

17 For purposes of this Act:

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

19 the Opal Creek Forest Preserve established in sec20 tion 4(a).

21 (2) NONDESTRUCTIVE RESEARCH.—The term

22 ‘‘nondestructive research’’ means research conducted

23 in the Preserve that does not involve the harvesting

24 of timber or otherwise damage the ecosystem.
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1 (3) COOPERATIVE MANAGEMENT PLAN.—The

2 term ‘‘cooperative management plan’’ means the

3 management plan for the Preserve developed pursu4 ant to section 5(b).

5 (4) BORNITE PROJECT AREA.—The term

6 ‘‘Bornite Project Area’’ means the area known as

7 the Bornite Project Area, which is excluded from the

8 Preserve as depicted on the map described in section

9 4(b).

10 (5) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of Agriculture.

12 SEC. 4. OPAL CREEK FOREST PRESERVE.

13 (a) ESTABLISHMENT OF PRESERVE.—There is here14 by established the Opal Creek Forest Preserve in order

15 to protect and preserve the forests and watersheds in the

16 Preserve and to promote the research, educational, and

17 recreational purposes of this Act.

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

19 consist of those Federal lands located in the Willamette

20 and Mt. Hood National Forests in the State of Oregon

21 that are generally depicted on the map dated October 10,

22 1993, and entitled the ‘‘Opal Creek Preserve Area’’. The

23 Preserve shall also include such lands as may be added

24 under section 7 or 8 of this Act. The map referred to in

25 this subsection shall be kept on file and made available
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1 for public inspection in the Office of the Chief of the For2 est Service, Department of Agriculture.

3 SEC. 5. ADMINISTRATION OF THE PRESERVE.

4 (a) IN GENERAL.—The Secretary shall administer

5 the Preserve in accordance with this Act and with the

6 laws, rules, and regulations applicable to National Forest

7 System lands in a manner that will further the purposes

8 of this Act.

9 (b) DEVELOPMENT OF COOPERATIVE MANAGEMENT

10 PLAN.—The Secretary, acting through the Forest Service,

11 shall develop a cooperative management plan for the Pre12 serve that is consistent with the requirements specified in

13 this Act and other laws applicable to the Preserve. The

14 cooperative management plan shall be prepared in con15 sultation with, and with significant input from, interested

16 individuals and organizations. The Secretary is strongly

17 encouraged to enter into memoranda of understanding

18 with interested parties to accomplish the purposes of this

19 Act.

20 (c) PROTECTION OF CULTURAL AND HISTORIC RE21 SOURCES.—Not later than one year after the date of the

22 enactment of this Act, the Secretary shall review and re23 vise the inventory of the cultural and historic resources

24 in the area covered by the Preserve, which was originally

25 developed pursuant to the Oregon Wilderness Act of 1984
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1 (Public Law 98–328; 16 U.S.C. 1131 note). The Secretary

2 shall submit a report to Congress describing the results

3 of the review of such inventory.

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

5 Federal lands in the Preserve are hereby withdrawn from

6 disposition under the public land laws, from location,

7 entry, and patent under the mining laws of the United

8 States, from the operation of the mineral leasing laws of

9 the United States, and from operation of the Geothermal

10 Steam Act of 1970 (30 U.S.C. 1001 et seq.). The with11 drawal provided by this subsection shall also apply to any

12 Federal lands added to the Preserve after the date of the

13 enactment of this Act, including lands in the Bornite

14 Project Area added to the Preserve pursuant to section

15 8, except that the withdrawal shall apply to such lands

16 only upon addition to the Preserve.

17 (e) PRIVATE INHOLDINGS.—The Secretary shall co18 operate with, and provide technical assistance to, private

19 landowners, organizations, and other entities holding pri20 vate lands within the boundaries of the Preserve to pro21 mote the use and management of such lands in a manner

22 consistent with the purposes of this Act.
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1 SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF

2 THE PRESERVE.

3 (a) PROHIBITION ON LOGGING OR OTHER TIMBER

4 HARVESTING.—

5 (1) PROHIBITION.—Except as provided in para6 graph (2), the cutting of trees in the Preserve is

7 prohibited.

8 (2) EXCEPTIONS.—The prohibition contained in

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

10 Secretary determines that the cutting of specific

11 trees in the Preserve is necessary—

12 (A) for public safety, such as to control the

13 spread of a forest fire in actual existence in the

14 Preserve or on lands adjacent to the Preserve;

15 (B) for administrative use related to activi16 ties permitted in the Preserve; or

17 (C) for collection of dead and downed wood

18 to be used for firewood in the Preserve.

19 (3) LIMITATION ON EXCEPTION.—The cutting

20 of trees authorized under paragraph (2) may not in21 clude salvage sales or harvests of commercial quan22 tities of timber in the Preserve.

23 (b) PROHIBITION ON OPEN FIRES.—The Secretary

24 shall prohibit open fires in the Preserve except in des25 ignated fire rings.
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1 (c) PROHIBITION ON OFF ROAD MOTORIZED TRAV2 EL.—

3 (1) PROHIBITION.—Except as provided in para4 graph (2) and subject to valid existing rights, the

5 use of motor vehicles off or outside of the estab6 lished roadbed of roads in the Preserve is prohibited.

7 (2) EXCEPTION.—The prohibition contained in

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

9 Secretary determines that the use of a motor vehicle

10 off or outside of the established roadbed of a road

11 in the Preserve is necessary to respond to an emer12 gency.

13 (d) PROHIBITION ON USE OF CERTAIN ROADS.—

14 (1) PROHIBITION.—Except as provided in para15 graph (2) and subject to valid existing rights, the

16 use of motor vehicles is prohibited on the following

17 roads located in the Preserve:

18 (A) Forest road 2209 from the gate in ex19 istence on the date of the enactment of this Act

20 eastward to the intersection of the road with

21 the wilderness boundary.

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

23 spur roads to the road described in subpara24 graph (A).
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1 (2) EXCEPTIONS.—The prohibition contained in

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

3 Secretary determines that the use of the roads de4 scribed in such paragraph is necessary for adminis5 trative purposes or to respond to an emergency.

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

7 subsection shall be construed to prohibit inholders

8 and the possessors of valid claims from using the

9 roads described in paragraph (1) for ingress and

10 egress to their inholdings or in connection with the

11 exercise of their valid claims, subject to such reason12 able terms and conditions, consistent with the pur13 poses of this Act, as the Secretary may prescribe.

14 Nothing in this subsection shall be construed to pro15 hibit motor vehicle traffic on other roads established

16 in the Preserve.

17 (e) PROHIBITION ON ROAD CONSTRUCTION.—

18 (1) PROHIBITION.—Except as provided in para19 graph (2) and section 8(d), and subject to valid ex20 isting rights, the construction of new roads is pro21 hibited in the Preserve.

22 (2) EXCEPTIONS.—The prohibition contained in

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

24 Secretary determines that the construction of new

25 roads in the Preserve is necessary to accomplish the
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1 purposes of this Act or to provide access to

2 inholdings. The Secretary may maintain or improve

3 roads in the Preserve to the extent the Secretary de4 termines that such maintenance or improvements

5 are necessary to accomplish the purposes of this Act,

6 to provide for the protection of the natural resources

7 of the Preserve, or to provide for public safety.

8 (3) LIMITATION ON EXCEPTION.—The con9 struction or improvement of roads in the Preserve

10 pursuant to paragraph (2) may not include paving.

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

12 LAND.

13 (a) INVENTORY AND ACQUISITION OF NON-FEDERAL

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

15 non-Federal lands and interests in lands within the bound16 aries of the Preserve. The Secretary may acquire such

17 inventoried lands (or interests in such lands) for inclusion

18 in the Preserve by purchase at not more than fair market

19 value, by donation, or by exchange. The Secretary may

20 not acquire, for inclusion in the Preserve, any lands or

21 interests in lands within the boundaries of the Preserve

22 without the consent of the owner, unless the Secretary de23 termines that the land is being developed or managed (or

24 is proposed to be developed or managed) in a manner in25 consistent with the purposes of this Act.
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1 (b) SPECIAL RULE FOR SANTIAM NO. 1 LODE MIN2 ING CLAIM.—Notwithstanding subsection (a), the parcel

3 of real property located within the boundaries of the Pre4 serve that is known as the Santiam No. 1 lode mining

5 claim and identified in section 8140 of the Department

6 of Defense Appropriations Act, 1992 (Public Law 102–

7 172; 105 Stat. 1213), may be acquired by the Secretary

8 only—

9 (1) by purchase for an amount equal to not

10 more than the sum of—

11 (A) the amount that the original patentee

12 of the parcel paid for the parcel; and

13 (B) the cost of any improvements made to

14 the parcel by the patentee; or

15 (2) by donation.

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

17 be construed to affect the authority of the Secretary to

18 acquire road and trail rights-of-way on lands in the Pre19 serve under existing authorities.

20 (d) ACCESS AND UTILITIES TO INHOLDINGS.—

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

22 inholdings located within the boundaries of the Pre23 serve, the Secretary shall authorize the use of Fed24 eral land in the Preserve by the holder of the
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1 inholding to assure adequate access to the inholding

2 under applicable law.

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

4 inholding known as the Jawbone Flats area, the Sec5 retary shall authorize the use of Federal land in the

6 Preserve by the organization known as the Friends

7 of Opal Creek to provide for access and utilities for

8 a facility in the inholding if the Secretary determines

9 that the facility (and use of the facility) is consistent

10 with the purposes of this Act.

11 (3) TERMS AND CONDITIONS.—The use of Fed12 eral land in the Preserve under this subsection shall

13 be subject to such reasonable terms and conditions,

14 consistent with the purposes of this Act, as the Sec15 retary may prescribe.

16 SEC. 8. BORNITE PROJECT AREA.

17 (a) ADDITION OF BORNITE PROJECT AREA.—Lands

18 that are located within the Bornite Project Area shall be

19 added to the Preserve upon the occurrence of either of

20 the following events:

21 (1) The determination by the Director of the

22 Bureau of Land Management that the mining claims

23 on the lands are no longer valid and the conclusion

24 of all appeals, if any, resulting from the determina25 tion.
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1 (2) The determination by the Director of the

2 Bureau of Land Management that all exploration,

3 mining, and reclamation activities, including the re4 lease of all reclamation bonds, on the mining claims

5 on the lands are completed.

6 (b) PROHIBITION ON PATENTS.—After the date of

7 the enactment of this Act, and subject to valid existing

8 rights, no patent shall be issued for any mining claim lo9 cated under the general mining laws within the Bornite

10 Project Area.

11 (c) SPECIAL USE PERMITS.—Nothing in this Act

12 shall be construed to interfere with the ability of the Sec13 retary to issue a special use permit in connection with ex14 ploration, mining, and mining-related activities in the

15 Bornite Project Area.

16 (d) ROADS, STRUCTURES, AND UTILITIES.—Roads,

17 structures, and utilities (including power lines and water

18 lines) shall be allowed inside the Preserve to serve activi19 ties conducted on land within the Bornite Project Area.

20 (e) EFFECT ON EXISTING ACTIVITIES.—Nothing in

21 this Act shall be construed to interfere with any explo22 ration, mining, or mining-related activity in the Bornite

23 Project Area conducted in accordance with applicable

24 laws.
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1 SEC. 9. 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 or the Bornite Project Area

8 in connection with the release, threatened release, or clean

9 up of any hazardous substance or pollutant or contami10 nant, including response actions conducted pursuant to

11 the Comprehensive Environmental Response, Compensa12 tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

13 (b) LIABILITY.—Nothing in this Act shall be con14 strued to limit the authority of the Secretary or a respon15 sible party to address questions of liability related to the

16 release, threatened release, or clean up of any hazardous

17 substance or pollutant or contaminant in the Preserve or

18 the Bornite Project Area.

19 SEC. 10. GRANDFATHER CLAUSE.

20 Nothing in this Act shall be construed to affect the

21 operation of any timber sale contract entered into, or

22 interfere with any activity for which a special use permit

23 has been issued (and not revoked), before the date of the

24 enactment of this Act, subject to the terms of the contract

25 or permit.

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