104TH CONGRESS

2D SESSION S. 1662

AN ACT

To establish areas of wilderness and recreation in the State

of Oregon, and for other purposes.

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 ‘‘Oregon Resource Con5 servation Act of 1996’’.
2

S 1662 ES

1 TITLE I—OPAL CREEK WILDER2 NESS AND SCENIC RECRE3 ATION AREA

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Opal Creek Wilderness

6 and Opal Creek Scenic Recreation Area Act of 1996’’.

7 SEC. 102. DEFINITIONS.

8 In this title:

9 (1) BULL OF THE WOODS WILDERNESS.—The

10 term ‘‘Bull of the Woods Wilderness’’ means the

11 land designated as wilderness by section 3(4) of the

12 Oregon Wilderness Act of 1984 (Public Law 98–

13 328; 16 U.S.C. 1132 note).

14 (2) OPAL CREEK WILDERNESS.—The term

15 ‘‘Opal Creek Wilderness’’ means certain land in the

16 Willamette National Forest in the State of Oregon

17 comprising approximately 12,800 acres, as generally

18 depicted on the map entitled ‘‘Proposed Opal Creek

19 Wilderness and Scenic Recreation Area’’, dated July

20 1996.

21 (3) SCENIC RECREATION AREA.—The term

22 ‘‘Scenic Recreation Area’’ means the Opal Creek

23 Scenic Recreation Area, comprising approximately

24 13,000 acres, as generally depicted on the map enti25 tled ‘‘Proposed Opal Creek Wilderness and Scenic
3

S 1662 ES

1 Recreation Area’’, dated July 1996 and established

2 under section 104(a)(3) of this title.

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

4 the Secretary of Agriculture.

5 SEC. 103. PURPOSES.

6 The purposes of this title are—

7 (1) to establish a wilderness and scenic recre8 ation area to protect and provide for the enhance9 ment of the natural, scenic, recreational, historic

10 and cultural resources of the area in the vicinity of

11 Opal Creek;

12 (2) to protect and support the economy of the

13 communities in the Santiam Canyon; and

14 (3) to provide increased protection for an im15 portant drinking water source for communities

16 served by the North Santiam River.

17 SEC. 104. ESTABLISHMENT OF OPAL CREEK WILDERNESS

18 AND SCENIC RECREATION AREA.

19 (a) ESTABLISHMENT.—On a determination by the

20 Secretary under subsection (b)—

21 (1) the Opal Creek Wilderness, as depicted on

22 the map described in section 102(2), is hereby des23 ignated as wilderness, subject to the provisions of

24 the Wilderness Act of 1964, shall become a compo-
4

S 1662 ES

1 nent of the National Wilderness System, and shall

2 be know as the Opal Creek Wilderness;

3 (2) the part of the Bull of the Woods Wilder4 ness that is located in the Willamette National For5 est shall be incorporated into the Opal Creek Wilder6 ness; and

7 (3) the Secretary shall establish the Opal Creek

8 Scenic Recreation Area in the Willamette National

9 Forest in the State of Oregon, comprising approxi10 mately 13,000 acres, as generally depicted on the

11 map described in section 102(3).

12 (b) CONDITIONS.—The designations in subsection (a)

13 shall not take effect unless the Secretary makes a deter14 mination, not later than 2 years after the date of enact15 ment of this title, that the following conditions have been

16 met—

17 (1) the following have been donated to the

18 United States in an acceptable condition and with19 out encumbrances—

20 (A) all right, title, and interest in the fol21 lowing patented parcels of land—

22 (i) Santiam Number 1, mineral survey

23 number 992, as described in patent num24 ber 39–92–0002, dated December 11,

25 1991;
5

S 1662 ES

1 (ii) Ruth Quartz Mine Number 2,

2 mineral survey number 994, as described

3 in patent number 39–91–0012, dated Feb4 ruary 12, 1991;

5 (iii) Morning Star Lode, mineral sur6 vey number 993, as described in patent

7 number 36–91–0011, dated February 12,

8 1991;

9 (B) all right, title, and interest held by any

10 entity other than the Times Mirror Land and

11 Timber Company, its successors and assigns, in

12 and to lands located in section 18, township 8

13 south, range 5 east, Marion County, Oregon,

14 Eureka numbers 6, 7, 8, and 13 mining claims;

15 and

16 (C) an easement across the Hewitt, Star17 vation, and Poor Boy Mill Sites, mineral survey

18 number 990, as described in patent number 36–

19 91–0017, dated May 9, 1991. In the sole dis20 cretion of the Secretary, such easement may be

21 limited to administrative use if an alternative

22 access route, adequate and appropriate for pub23 lic use, is provided.

24 (2) a binding agreement has been executed by

25 the Secretary and the owners of record as of March
6

S 1662 ES

1 29, 1996, of the following interests, specifying the

2 terms and conditions for the disposition of such in3 terests to the United States Government—

4 (A) the lode mining claims known as Prin5 cess Lode, Black Prince Lode, and King Num6 ber 4 Lode, embracing portions of sections 29

7 and 32, township 8 south, range 5 east, Wil8 lamette-Meridian, Marion County, Oregon, the

9 claims being more particularly described in the

10 field notes and depicted on the plat of mineral

11 survey number 887, Oregon; and

12 (B) Ruth Quartz Mine Number 1, mineral

13 survey number 994, as described in patent

14 number 39–91–0012, dated February 12, 1991.

15 (c) ADDITIONS TO THE WILDERNESS AND SCENIC

16 RECREATION AREAS.—

17 (1) Lands or interests in lands conveyed to the

18 United States under this section shall be included in

19 and become part of, as appropriate, Opal Creek Wil20 derness or the Opal Creek Scenic Recreation Area.

21 (2) On acquiring all or substantially all of the

22 land located in section 36, township 8 south, range

23 4 east, of the Williamette Meridian, Marion County,

24 Oregon, commonly known as the Rosboro section by

25 exchange, purchase from a willing seller, or by dona-
7

S 1662 ES

1 tion, the Secretary shall expand the boundary of the

2 Scenic Recreation Area to include such land.

3 (3) On acquiring all or substantially all of the

4 land located in section 18, township 8 south, range

5 5 east, Marion County, Oregon, commonly known as

6 the Times Mirror property, by exchange, purchase

7 from a willing seller, or by donation, such land shall

8 be included in and become a part of the Opal Creek

9 Wilderness.

10 SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION

11 AREA.

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

13 the Scenic Recreation Area in accordance with this title

14 and the laws (including regulations) applicable to the Na15 tional Forest System.

16 (b) OPAL CREEK MANAGEMENT PLAN.—

17 (1) IN GENERAL.—Not later than 2 years after

18 the date of establishment of the Scenic Recreation

19 Area, the Secretary, in consultation with the advi20 sory committee established under section 106(a),

21 shall prepare a comprehensive Opal Creek Manage22 ment Plan (Management Plan) for the Scenic Recre23 ation Area.

24 (2) INCORPORATION IN LAND AND RESOURCE

25 MANAGEMENT PLAN.—Upon its completion, the Opal
8

S 1662 ES

1 Creek Management Plan shall become part of the

2 land and resource management plan for the

3 Williamette National Forest and supersede any con4 flicting provision in such land and resource manage5 ment plan. Nothing in this paragraph shall be con6 strued to supersede the requirements of the Endan7 gered Species Act or the National Forest Manage8 ment Act or regulations promulgated under those

9 Acts, or any other law.

10 (3) REQUIREMENTS.—The Opal Creek Manage11 ment Plan shall provide for a broad range of land

12 uses, including—

13 (A) recreation;

14 (B) harvesting of nontraditional forest

15 products, such as gathering mushrooms and

16 material to make baskets; and

17 (C) educational and research opportunities.

18 (4) PLAN AMENDMENTS.—The Secretary may

19 amend the Opal Creek Management Plan as the Sec20 retary may determine to be necessary, consistent

21 with the procedures and purposes of this title.

22 (c) RECREATION.—

23 (1) RECOGNITION.—Congress recognizes recre24 ation as an appropriate use of the Scenic Recreation

25 Area.
9

S 1662 ES

1 (2) MINIMUM LEVELS.—The management plan

2 shall permit recreation activities at not less than the

3 levels in existence on the date of enactment of this

4 title.

5 (3) HIGHER LEVELS.—The management plan

6 may provide for levels of recreation use higher than

7 the levels in existence on the date of enactment of

8 this title if such uses are consistent with the protec9 tion of the resource values of Scenic Recreation

10 Area.

11 (4) PUBLIC TRAIL ACCESS.—The management

12 plan may include public trail access through section

13 28, township 8 south, range 5 east, Willamette Me14 ridian, to Battle Axe Creek, Opal Pool and other

15 areas in the Opal Creek Wilderness and the Opal

16 Creek Scenic Recreation Area.

17 (d) TRANSPORTATION PLANNING.—

18 (1) IN GENERAL.—Except as provided in this

19 subparagraph, motorized vehicles shall not be per20 mitted in the Scenic Recreation Area. To maintain

21 reasonable motorized and other access to recreation

22 sites and facilities in existence on the date of enact23 ment of this title, the Secretary shall prepare a

24 transportation plan for the Scenic Recreation Area

25 that—
10

S 1662 ES

1 (A) evaluates the road network within the

2 Scenic Recreation Area to determine which

3 roads should be retained and which roads

4 should be closed;

5 (B) provides guidelines for transportation

6 and access consistent with this title;

7 (C) considers the access needs of persons

8 with disabilities in preparing the transportation

9 plan for the Scenic Recreation Area;

10 (D) allows forest road 2209 beyond the

11 gate to the Scenic Recreation Area, as depicted

12 on the map described in 102(2), to be used by

13 motorized vehicles only for administrative pur14 poses and for access by private inholders, sub15 ject to such terms and conditions as the Sec16 retary may determine to be necessary; and

17 (E) restricts construction on or improve18 ments to forest road 2209 beyond the gate to

19 the Scenic Recreation Area to maintaining the

20 character of the road as it existed upon the

21 date of enactment of this title, which shall not

22 include paving or widening. In order to comply

23 with subsection 107(b) of this title, the Sec24 retary may make improvements to forest road

25 2209 and its bridge structures consistent with
11

S 1662 ES

1 the character of the road as it existed on the

2 date of enactment of this title.

3 (e) HUNTING AND FISHING.—

4 (1) IN GENERAL.—Subject to applicable Fed5 eral and State law, the Secretary shall permit hunt6 ing and fishing in the Scenic Recreation Area.

7 (2) LIMITATION.—The Secretary may designate

8 zones in which, and establish periods when, no hunt9 ing or fishing shall be permitted for reasons of pub10 lic safety, administration, or public use and enjoy11 ment of the Scenic Recreation Area.

12 (3) CONSULTATION.—Except during an emer13 gency, as determined by the Secretary, the Secretary

14 shall consult with the Oregon State Department of

15 Fish and Wildlife before issuing any regulation

16 under this subsection.

17 (f) TIMBER CUTTING.—

18 (1) IN GENERAL.—Subject to paragraph (2),

19 the Secretary shall prohibit the cutting and/or sell20 ing of trees in the Scenic Recreation Area.

21 (2) PERMITTED CUTTING.—

22 (A) IN GENERAL.—Subject to subpara23 graph (B), the Secretary may allow the cutting

24 of trees in the Scenic Recreation Area only—
12

S 1662 ES

1 (i) for public safety, such as to control

2 the continued spread of a forest fire in the

3 Scenic Recreation Area or on land adjacent

4 to the Scenic Recreation Area;

5 (ii) for activities related to adminis6 tration of the Scenic Recreation Area, con7 sistent with the Opal Creek Management

8 Plan; or

9 (iii) for removal of hazard trees along

10 trails and roadways.

11 (B) SALVAGE SALES.—The Secretary may

12 not allow a salvage sale in the Scenic Recre13 ation Area.

14 (g) WITHDRAWAL.—Subject to valid existing rights,

15 all lands in the Scenic Recreation Area are withdrawn

16 from—

17 (1) any form of entry, appropriation, or dis18 posal under the public land laws;

19 (2) location, entry, and patent under the mining

20 laws; and

21 (3) disposition under the mineral and geo22 thermal leasing laws.

23 (h) BORNITE PROJECT.—

24 (1) Nothing in this title shall be construed to

25 interfere with or approve any exploration, mining, or
13

S 1662 ES

1 mining-related activity in the Bornite Project Area,

2 depicted on the map described in subsection 102(3),

3 conducted in accordance with applicable laws.

4 (2) Nothing in this title shall be construed to

5 interfere with the ability of the Secretary to approve

6 and issue, or deny, special use permits in connection

7 with exploration, mining, and mining-related activi8 ties in the Bornite Project Area.

9 (3) Motorized vehicles, roads, structures, and

10 utilities (including but not limited to power lines and

11 water lines) may be allowed inside the Scenic Recre12 ation Area to serve the activities conducted on land

13 within the Bornite Project.

14 (4) After the date of enactment of this title, no

15 patent shall be issued for any mining claim under

16 the general mining laws located within the Bornite

17 Project Area.

18 (i) WATER IMPOUNDMENTS.—Notwithstanding the

19 Federal Power Act (16 U.S.C. 791a et seq.), the Federal

20 Energy Regulatory Commission may not license the con21 struction of any dam, water conduit, reservoir, power22 house, transmission line, or other project work in the Sce23 nic Recreation Area, except as may be necessary to comply

24 with the provisions of subsection 105(h) with regard to

25 the Bornite Project.
14

S 1662 ES

1 (j) CULTURAL AND HISTORIC RESOURCE INVEN2 TORY.—

3 (1) IN GENERAL.—Not later than 1 year after

4 the date of establishment of the Scenic Recreation

5 Area, the Secretary shall review and revise the in6 ventory of the cultural and historic resources on the

7 public land in the Scenic Recreation Area developed

8 pursuant to the Oregon Wilderness Act of 1984

9 (Public Law 98–328; U.S.C. 1132).

10 (2) INTERPRETATION.—Interpretive activities

11 shall be developed under the management plan in

12 consultation with State and local historic preserva13 tion organizations and shall include a balanced and

14 factual interpretation of the cultural, ecological, and

15 industrial history of forestry and mining in the Sce16 nic Recreation Area.

17 (k) PARTICIPATION.—So that the knowledge, exper18 tise, and views of all agencies and groups may contribute

19 affirmatively to the most sensitive present and future use

20 of the Scenic Recreation Area and its various subareas

21 for the benefit of the public:

22 (1) ADVISORY COUNCIL.—The Secretary shall

23 consult on a periodic and regular basis with the ad24 visory council established under section 106 with re-
15

S 1662 ES

1 spect to matters relating to management of the Sce2 nic Recreation Area.

3 (2) PUBLIC PARTICIPATION.—The Secretary

4 shall seek the views of private groups, individuals,

5 and the public concerning the Scenic Recreation

6 Area.

7 (3) OTHER AGENCIES.—The Secretary shall

8 seek the views and assistance of, and cooperate with,

9 any other Federal, State, or local agency with any

10 responsibility for the zoning, planning, or natural re11 sources of the Scenic Recreation Area.

12 (4) NONPROFIT AGENCIES AND ORGANIZA13 TIONS.—The Secretary shall seek the views of any

14 nonprofit agency or organization that may contrib15 ute information or expertise about the resources and

16 the management of the Scenic Recreation Area.

17 SEC. 106. ADVISORY COUNCIL.

18 (a) ESTABLISHMENT.—Not later than 90 days after

19 the establishment of the Scenic Recreation Area, the Sec20 retary shall establish an advisory council for the Scenic

21 Recreation Area.

22 (b) MEMBERSHIP.—The advisory council shall consist

23 of not more than 13 members, of whom—
16

S 1662 ES

1 (1) 1 member shall represent Marion County,

2 Oregon, and shall be designated by the governing

3 body of the county;

4 (2) 1 member shall represent Clackamas Coun5 ty, Oregon, and shall be designated by the governing

6 body of the county;

7 (3) 1 member shall represent the State of Or8 egon and shall be designated by the governor of Or9 egon;

10 (4) 1 member shall represent the City of Salem,

11 and shall be designated by the mayor of Salem, Or12 egon;

13 (5) 1 member from a city within a 25 mile ra14 dius of the Opal Creek Scenic Recreation Area, to

15 be designated by the governor of the State of Or16 egon from a list of candidates provided by the may17 ors of the cities located within a 25 mile radius of

18 the Opal Creek Scenic Recreation Area; and

19 (6) not more than 8 members shall be ap20 pointed by the Secretary from among persons who,

21 individually or through association with a national or

22 local organization, have an interest in the adminis23 tration of the Scenic Recreation Area, including, but

24 not limited to, representatives of the timber indus25 try, environmental organizations, the mining indus-
17

S 1662 ES

1 try, inholders in the Opal Creek Wilderness and Sce2 nic Recreation Area, economic development interests

3 and Indian Tribes.

4 (c) STAGGERED TERMS.—Members of the advisory

5 council shall serve for staggered terms of three years.

6 (d) CHAIRMAN.—The Secretary shall designate one

7 member of the advisory council as chairman.

8 (e) VACANCIES.—The Secretary shall fill a vacancy

9 on the advisory council in the same manner as the original

10 appointment.

11 (f) COMPENSATION.—Members of the advisory coun12 cil shall receive no compensation for service on the advi13 sory council.

14 SEC. 107. GENERAL PROVISIONS.

15 (a) LAND ACQUISITION.—

16 (1) IN GENERAL.—Subject to the other provi17 sions of this title the Secretary may acquire any

18 lands or interests in land in the Scenic Recreation

19 Area or the Opal Creek Wilderness that the Sec20 retary determines are needed to carry out this title.

21 (2) PUBLIC LAND.—Any lands or interests in

22 land owned by a State or a political subdivision of

23 a State may be acquired only by donation or ex24 change.
18

S 1662 ES

1 (3) CONDEMNATION.—Within the boundaries of

2 the Opal Creek Wilderness or the Scenic Recreation

3 Area, the Secretary may not acquire any privately

4 owned land or interest in land without the consent

5 of the owner unless the Secretary finds that—

6 (A) the nature of land use has changed

7 significantly, or the landowner has dem8 onstrated intent to change the land use signifi9 cantly, from the use that existed on the date of

10 the enactment of this title; and

11 (B) acquisition by the Secretary of the

12 land or interest in land is essential to ensure

13 use of the land or interest in land in accordance

14 with the purposes of this title or the manage15 ment plan prepared under section 105(b).

16 (4) Nothing in this title shall be construed to

17 enhance or diminish the condemnation authority

18 available to the Secretary outside the boundaries of

19 the Opal Creek Wilderness or the Scenic Recreation

20 Area.

21 (b) ENVIRONMENTAL RESPONSE ACTIONS AND COST

22 RECOVERY.—

23 (1) RESPONSE ACTIONS.—Nothing in this title

24 shall limit the authority of the Secretary or a re25 sponsible party to conduct an environmental re-
19

S 1662 ES

1 sponse action in the Scenic Recreation Area in con2 nection with the release, threatened release, or clean3 up of a hazardous substance, pollutant, or contami4 nant, including a response action conducted under

5 the Comprehensive Environmental Response, Com6 pensation, and Liability Act of 1980 (42 U.S.C.

7 9601 et seq.).

8 (2) LIABILITY.—Nothing in this title shall limit

9 the authority of the Secretary or a responsible party

10 to recover costs related to the release, threatened re11 lease, or cleanup of any hazardous substance or pol12 lutant or contaminant in the Scenic Recreation

13 Area.

14 (c) MAPS AND DESCRIPTION.—

15 (1) IN GENERAL.—As soon as practicable after

16 the date of enactment of this title, the Secretary

17 shall file a map and a boundary description for the

18 Opal Creek Wilderness and for the Scenic Recre19 ation Area with the Committee on Resources of the

20 House of Representatives and the Committee on En21 ergy and Natural Resources of the Senate.

22 (2) FORCE AND EFFECT.—The boundary de23 scription and map shall have the same force and ef24 fect as if the description and map were included in

25 this title, except that the Secretary may correct cler-
20

S 1662 ES

1 ical and typographical errors in the boundary de2 scription and map.

3 (3) AVAILABILITY.—The map and boundary de4 scription shall be on file and available for public in5 spection in the Office of the Chief of the Forest

6 Service, Department of Agriculture.

7 (d) Nothing in this title shall interfere with any activ8 ity for which a special use permit has been issued, has

9 not been revoked, and has not expired, before the date

10 of enactment of this title, subject to the terms of the per11 mit.

12 SEC. 108. ROSBORO LAND EXCHANGE.

13 (a) AUTHORIZATION.—Notwithstanding any other

14 law, if the Rosboro Lumber Company (referred to in this

15 section as ‘‘Rosboro’’) offers and conveys marketable title

16 to the United States to the land described in subsection

17 (b), the Secretary of Agriculture shall convey all right,

18 title and interest held by the United States to sufficient

19 lands described in subsection (c) to Rosboro, in the order

20 in which they appear in subsection (c), as necessary to

21 satisfy the equal value requirements of subsection (d).

22 (b) LAND TO BE OFFERED BY ROSBORO.—The land

23 referred to in subsection (a) as the land to be offered by

24 Rosboro shall comprise Section 36, Township 8 South,

25 Range 4 East, Willamette Meridian.
21

S 1662 ES

1 (c) LAND TO BE CONVEYED BY THE UNITED

2 STATES.—The land referred to in subsection (a) as the

3 land to be conveyed by the United States shall comprise

4 sufficient land from the following prioritized list to be of

5 equal value under subparagraph (d):

6 (1) Section 5, Township 17 South, Range 4

7 East, Lot 7 (37.63 acres).

8 (2) Section 2, Township 17 South, Range 4

9 East, Lot 3 (29.28 acres).

10 (3) Section 13, Township 17 South, Range 4

East, S1⁄2SE1 11 ⁄4 (80 acres).

12 (4) Section 2, Township 17 South, Range 4

East, SW1⁄4SW1 13 ⁄4 (40 acres).

14 (5) Section 2, Township 17 South, Range 4

East, NW1⁄4SE1 15 ⁄4 (40 acres).

16 (6) Section 8, Township 17 South, Range 4

East, SE1⁄4SW1 17 ⁄4 (40 acres).

18 (7) Section 11, Township 17 South, Range 4

East, W1⁄2NW1 19 ⁄4 (80 acres).

20 (d) EQUAL VALUE.—The land and interests in land

21 exchanged under this section shall be of equal market

22 value as determined by nationally recognized appraisal

23 standards, including, to the extent appropriate, the Uni24 form Standards for Federal Land Acquisition, the Uni25 form Standards of Professional Appraisal Practice, or
22

S 1662 ES

1 shall be equalized by way of payment of cash pursuant

2 to the provisions of section 206(d) of the Federal Land

3 Policy and Management Act of 1976 (43 U.S.C. 1716(d)),

4 and other applicable law. The appraisal shall consider ac5 cess costs for the parcels involved.

6 (e) TIMETABLE.—

7 (1) The exchange directed by this section shall

8 be consummated not later than 120 days after the

9 date Rosboro offers and conveys the property de10 scribed in subsection (b) to the United States.

11 (2) The authority provided by this section shall

12 lapse if Rosboro fails to offer the land described in

13 subsection (b) within two years after the date of en14 actment of this title.

15 (3) Rosboro shall have the right to challenge in

16 United States District Court for the District of Or17 egon a determination of marketability under sub18 section (a) and a determination of value for the

19 lands described in subsections (b) and (c) by the

20 Secretary of Agriculture. The Court shall have the

21 authority to order the Secretary to complete the

22 transaction contemplated in this section.

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated such sums as are nec25 essary to carry out this section.
23

S 1662 ES

1 SEC. 109. DESIGNATION OF ELKHORN CREEK AS A WILD

2 AND SCENIC RIVER.

3 Section 3(a) of the Wild and Scenic Rivers Act (16

4 U.S.C. 1274(a)) is amended by adding at the end the fol5 lowing:

6 ‘‘( )(A) ELKHORN CREEK.—The 6.4 mile seg7 ment traversing federally administered lands from

8 that point along the Willamette National Forest

9 boundary on the common section line between Sec10 tions 12 and 13, Township 9 South, Range 4 East,

11 Willamette Meridian, to that point where the seg12 ment leaves Federal ownership along the Bureau of

13 Land Management boundary in Section 1, Township

14 9 South, Range 3 East, Willamette Meridian, in the

15 following classes—

16 ‘‘(i) a 5.8-mile wild river area, extending

17 from that point along the Willamette National

18 Forest boundary on the common section line be19 tween Sections 12 and 13, Township 9 South,

20 Range 4 East, Willamette Meridian, to its con21 fluence with Buck Creek in Section 1, Township

22 9 South, Range 3 East, Willamette Meridian, to

23 be administered as agreed on by the Secretaries

24 of Agriculture and the Interior, or as directed

25 by the President; and
24

S 1662 ES

1 ‘‘(ii) a 0.6-mile scenic river area, extending

2 from the confluence with Buck Creek in Section

3 1, Township 9 South, Range 3 East, Willamette

4 Meridian, to that point where the segment

5 leaves Federal ownership along the Bureau of

6 Land Management boundary in Section 1,

7 Township 9 South, Range 3 East, Willamette

8 Meridian, to be administered by the Secretary

9 of the Interior, or as directed by the President.

10 ‘‘(B) Notwithstanding section 3(b) of this Act,

11 the lateral boundaries of both the wild river area

12 and the scenic river area along Elkhorn Creek shall

13 include an average of not more than 640 acres per

14 mile measured from the ordinary high water mark

15 on both sides of the river.’’.

16 SEC. 110. ECONOMIC DEVELOPMENT.

17 (a) ECONOMIC DEVELOPMENT PLAN.—As a condi18 tion for receiving funding under subsection (b) of this sec19 tion, the State of Oregon, in consultation with Marion and

20 Clackamas Counties and the Secretary of Agriculture,

21 shall develop a plan for economic development projects for

22 which grants under this section may be used in a manner

23 consistent with this title and to benefit local communities

24 in the vicinity of the Opal Creek area. Such plan shall
25

S 1662 ES

1 be based on an economic opportunity study and other ap2 propriate information.

3 (b) FUNDS PROVIDED TO THE STATES FOR

4 GRANTS.—Upon completion of the Opal Creek Manage5 ment Plan, and receipt of the plan referred to in sub6 section (a) of this section, the Secretary shall provide, sub7 ject to appropriations, $15,000,000 to the State of Or8 egon. Such funds shall be used to make grants or loans

9 for economic development projects that further the pur10 poses of this title and benefit the local communities in the

11 vicinity of Opal Creek.

12 (c) REPORT.—The State of Oregon shall—

13 (1) prepare and provide the Secretary and Con14 gress with an annual report on the use of the funds

15 made available under this section;

16 (2) make available to the Secretary and to Con17 gress, upon request, all accounts, financial records,

18 and other information related to grants and loans

19 made available pursuant to this section; and

20 (3) as loans are repaid, make additional grants

21 and loans with the money made available for obliga22 tion by such repayments.
26

S 1662 ES

1 TITLE II—UPPER KLAMATH

2 BASIN

3 SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORA4 TION PROJECTS.

5 (a) DEFINITIONS.—In this section:

6 (1) ECOSYSTEM RESTORATION OFFICE.—The

7 term ‘‘Ecosystem Restoration Office’’ means the

8 Klamath Basin Ecosystem Restoration Office oper9 ated cooperatively by the United States Fish and

10 Wildlife Service, Bureau of Reclamation, Bureau of

11 Land Management, and Forest Service.

12 (2) WORKING GROUP.—The term ‘‘Working

13 Group’’ means the Upper Klamath Basin Working

14 Group, established before the date of enactment of

15 this title, consisting of members nominated by their

16 represented groups, including—

17 (A) 3 tribal members;

18 (B) 1 representative of the city of Klamath

19 Falls Oregon;

20 (C) 1 representative of Klamath County,

21 Oregon;

22 (D) 1 representative of institutions of

23 higher education in the Upper Klamath Basin;

24 (E) 4 representatives of the environmental

25 community, including at least one such rep-
27

S 1662 ES

1 resentative from the State of California with in2 terests in the Klamath Basin National Wildlife

3 Refuge Complex;

4 (F) 4 representatives of local businesses

5 and industries, including at least one represent6 ative of the wood products industry and one

7 representative of the ocean commercial fishing

8 industry and/or the recreational fishing industry

9 based in either Oregon or California;

10 (G) 4 representatives of the ranching and

11 farming community, including representatives

12 of Federal lease-land farmers and ranchers and

13 of private land farmers and ranchers in the

14 Upper Klamath Basin;

15 (H) 2 representatives from State of Or16 egon agencies with authority and responsibility

17 in the Klamath River Basin, including one from

18 the Oregon Department of Fish and Wildlife

19 and one from the Oregon Water Resources De20 partment;

21 (I) 4 representatives from the local com22 munity;

23 (J) 1 representative each from the follow24 ing Federal resource management agencies in

25 the Upper Klamath Basin: Fish and Wildlife
28

S 1662 ES

1 Service, Bureau of Reclamation, Bureau of

2 Land Management, Bureau of Indian Affairs,

3 Forest Service, Natural Resources Conservation

4 Service, National Marine Fisheries Service and

5 Ecosystem Restoration Office; and

6 (K) 1 representative of the Klamath Coun7 ty Soil and Water Conservation District.

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

9 the Secretary of the Interior.

10 (4) TASK FORCE.—The term ‘‘Task Force’’

11 means the Klamath River Basin Fisheries Task

12 Force as established by the Klamath River Basin

13 Fishery Resource Restoration Act (P.L. 99–552, 16

14 U.S.C. 460ss–3, et seq.).

15 (5) COMPACT COMMISSION.—The term ‘‘Com16 pact Commission’’ means the Klamath River Basin

17 Compact Commission created pursuant to the Klam18 ath River Compact Act of 1954.

19 (6) CONSENSUS.—The term ‘‘consensus’’ means

20 a unanimous agreement by the Working Group

21 members present and consisting of at least a

22 quorum at a regularly scheduled business meeting.

23 (7) QUORUM.—The term ‘‘quorum’’ means one

24 more than half of those qualified Working Group

25 members appointed and eligible to serve.
29

S 1662 ES

1 (8) TRINITY TASK FORCE.—The term ‘‘Trinity

2 Task Force’’ means the Trinity River Restoration

3 Task Force created by Public Law 98–541, as

4 amended by Public Law 104–143.

5 (b) IN GENERAL.—

6 (1) The Working Group through the Ecosystem

7 Restoration Office, with technical assistance from

8 the Secretary, will propose ecological restoration

9 projects, economic development and stability

10 projects, and projects designed to reduce the impacts

11 of drought conditions to be undertaken in the Upper

12 Klamath Basin based on a consensus of the Working

13 Group membership.

14 (2) The Secretary shall pay, to the greatest ex15 tent feasible, up to 50 percent of the cost of per16 forming any project approved by the Secretary or his

17 designee, up to a total amount of $1,000,000 during

18 each of fiscal years 1997 through 2001.

19 (3) Funds made available under this title

20 through the Department of the Interior or the De21 partment of Agriculture shall be distributed through

22 the Ecosystem Restoration Office.

23 (4) The Ecosystem Restoration Office may uti24 lize not more than 15 percent of all Federal funds
30

S 1662 ES

1 administered under this section for administrative

2 costs relating to the implementation of this title.

3 (5) All funding recommendations developed by

4 the Working Group shall be based on a consensus of

5 Working Group members.

6 (c) COORDINATION.—

7 (1) The Secretary shall formulate a cooperative

8 agreement among the Working Group, the Task

9 Force, the Trinity Task Force and the Compact

10 Commission for the purposes of ensuring that

11 projects proposed and funded through the Working

12 Group are consistent with other basin-wide fish and

13 wildlife restoration and conservation plans, including

14 but not limited to plans developed by the Task Force

15 and the Compact Commission.

16 (2) To the greatest extent practicable, the

17 Working Group shall provide notice to, and accept

18 input from, two members each of the Task Force,

19 the Trinity Task Force, and the Compact Commis20 sion, so appointed by those entities, for the express

21 purpose of facilitating better communication and co22 ordination regarding additional basin-wide fish and

23 wildlife and ecosystem restoration and planning ef24 forts. The roles and relationships of the entities in-
31

S 1662 ES

1 volved shall be clarified in the cooperative agree2 ment.

3 (d) PUBLIC MEETINGS.—The Working Group shall

4 conduct all meetings subject to applicable open meeting

5 and public participation laws. The chartering require6 ments of 5 U.S.C. App 2 §§ 1–15 are hereby deemed to

7 have been met by this section.

8 (e) TERMS AND VACANCIES.—Working Group mem9 bers shall serve for three-year terms, beginning on the

10 date of enactment of this title. Vacancies which occur for

11 any reason after the date of enactment of this title shall

12 be filled by direct appointment of the governor of the State

13 of Oregon, in consultation with the Secretary of the Inte14 rior and the Secretary of Agriculture, in accordance with

15 nominations from the appropriate groups, interests, and

16 government agencies outlined in subsection (a)(2).

17 (f) RIGHTS, DUTIES, AND AUTHORITIES UNAF18 FECTED.—The Working Group will supplement, rather

19 than replace, existing efforts to manage the natural re20 sources of the Deschutes Basin. Nothing in this title af21 fects any legal right, duty or authority of any person or

22 agency, including any member of the working group.

23 (g) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated to carry out this title

25 $1,000,000 for each of fiscal years 1997 through 2002.
32

S 1662 ES

1 TITLE III—DESCHUTES BASIN.

2 SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION

3 PROJECTS.

4 (a) DEFINITIONS.—In this section—

5 (1) WORKING GROUP.—The term ‘‘Working

6 Group’’ means the Deschutes River Basin Working

7 Group established before the date of enactment of

8 this title, consisting of members nominated by their

9 represented groups, including:

10 (A) 5 representatives of private interests

11 including one each from hydroelectric produc12 tion, livestock grazing, timber, land develop13 ment, and recreation/tourism;

14 (B) 4 representatives of private interests

15 including two each from irrigated agriculture

16 and the environmental community;

17 (C) 2 representatives from the Confed18 erated Tribes of the Warm Springs Reservation

19 of Oregon;

20 (D) 2 representatives from Federal agen21 cies with authority and responsibility in the

22 Deschutes River Basin, including one from the

23 Department of the Interior and one from the

24 Agriculture Department;
33

S 1662 ES

1 (E) 2 representatives from the State of Or2 egon agencies with authority and responsibility

3 in the Deschutes River Basin, including one

4 from the Oregon Department of Fish and Wild5 life and one from the Oregon Water Resources

6 Department; and

7 (F) 4 representatives from county or city

8 governments within the Deschutes River Basin

9 county and/or city governments.

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

11 the Secretary of the Interior.

12 (3) FEDERAL AGENCIES.—The term ‘‘Federal

13 agencies’’ means agencies and departments of the

14 United States, including, but not limited to, the Bu15 reau of Reclamation, Bureau of Indian Affairs, Bu16 reau of Land Management, Fish and Wildlife Serv17 ice, Forest Service, Natural Resources Conservation

18 Service, Farm Services Agency, the National Marine

19 Fisheries Service, and the Bonneville Power Admin20 istration.

21 (4) CONSENSUS.—The term ‘‘consensus’’ means

22 a unanimous agreement by the Working Group

23 members present and constituting at least a quorum

24 at a regularly scheduled business meeting.
34

S 1662 ES

1 (5) QUORUM.—The term ‘‘quorum’’ means one

2 more than half of those qualified Working Group

3 members appointed and eligible to serve.

4 (b) IN GENERAL.—

5 (1) The Working Group will propose ecological

6 restoration projects on both Federal and non-Fed7 eral lands and waters to be undertaken in the

8 Deschutes River Basin based on a consensus of the

9 Working Group, provided that such projects, when

10 involving Federal land or funds, shall be proposed to

11 the Bureau of Reclamation in the Department of the

12 Interior and any other Federal agency with affected

13 land or funds.

14 (2) The Working Group will accept donations,

15 grants or other funds and place such funds received

16 into a trust fund, to be expended on ecological res17 toration projects which, when involving Federal land

18 or funds, are approved by the affected Federal agen19 cy.

20 (3) The Bureau of Reclamation shall pay from

21 funds authorized under subsection (g) of this title up

22 to 50 percent of the cost of performing any project

23 proposed by the Working Group and approved by

24 the Secretary, up to a total amount of $1,000,000

25 during each of the fiscal years 1997 through 2001.
35

S 1662 ES

1 (4) Non-Federal contributions to project costs

2 for purposes of computing the Federal matching

3 share under paragraph (3) of this subsection may

4 include in-kind contributions.

5 (5) Funds authorized in subsection (g) of this

6 title shall be maintained in and distributed by the

7 Bureau of Reclamation in the Department of the In8 terior. The Bureau of Reclamation shall not expend

9 more than 5 percent of amounts appropriated pursu10 ant to subsection (h) for Federal administration of

11 such appropriations pursuant to this title.

12 (6) The Bureau of Reclamation is authorized to

13 provide by grant to the Working Group not more

14 than 5 percent of funds appropriated pursuant to

15 subsection (g) of this title for not more than 50 per16 cent of administrative costs relating to the imple17 mentation of this title.

18 (7) The Federal agencies with authority and re19 sponsibility in the Deschutes River Basin shall pro20 vide technical assistance to the Working Group and

21 shall designate representatives to serve as members

22 of the Working Group.

23 (8) All funding recommendations developed by

24 the Working Group shall be based on a consensus of

25 the Working Group members.
36

S 1662 ES

1 (c) PUBLIC NOTICE AND PARTICIPATION.—The

2 Working Group shall conduct all meetings subject to appli3 cable open meeting and public participation laws. The

4 chartering requirements of 5 U.S.C. App 2 §§ 1–15 are

5 hereby deemed to have been met by this section.

6 (d) PRIORITIES.—The Working Group shall give pri7 ority to voluntary market-based economic incentives for

8 ecosystem restoration including, but not limited to, water

9 leases and purchases; land leases and purchases; tradable

10 discharge permits; and acquisition of timber, grazing, and

11 land development rights to implement plans, programs,

12 measures, and projects.

13 (e) TERMS AND VACANCIES.—Members of the Work14 ing Group representing governmental agencies or entities

15 shall be named by the represented government agency.

16 Members of the Working Group representing private inter17 ests shall be named in accordance with the articles of in18 corporation and bylaws of the Working Group. Represent19 atives from Federal agencies will serve for terms of 3

20 years. Vacancies which occur for any reason after the date

21 of enactment of this title shall be filled in accordance with

22 this title.

23 (f) ADDITIONAL PROJECTS.—Where existing author24 ity and appropriations permit, Federal agencies may con-
37

S 1662 ES

1 tribute to the implementation of projects recommended by

2 the Working Group and approved by the Secretary.

3 (g) RIGHTS, DUTIES AND AUTHORITIES UNAF4 FECTED.—The Working Group will supplement, rather

5 than replace, existing efforts to manage the natural re6 sources of the Deschutes Basin. Nothing in this title af7 fects any legal right, duty or authority of any person or

8 agency, including any member of the Working Group.

9 (h) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to carry out this title

11 $1,000,000 for each of fiscal years 1997 through 2001.

12 TITLE IV—MOUNT HOOD

13 CORRIDOR

14 SEC. 401. LAND EXCHANGE.

15 (a) AUTHORIZATION.—Notwithstanding any other

16 law, if Longview Fibre Company (referred to in this sec17 tion as ‘‘Longview’’) offers and conveys title that is accept18 able to the United States to some or all of the land de19 scribed in subsection (b), the Secretary of the Interior (re20 ferred to in this section as the ‘‘Secretary’’) shall convey

21 to Longview title to some or all of the land described in

22 subsection (c), as necessary to satisfy the requirements of

23 subsection (d).

24 (b) LAND TO BE OFFERED BY LONGVIEW.—The

25 land referred to in subsection (a) as the land to be offered
38

S 1662 ES

1 by Longview are those lands depicted on the map entitled

2 ‘‘Mt. Hood Corridor Land Exchange Map’’, dated July 18,

3 1996.

4 (c) LAND TO BE CONVEYED BY THE SECRETARY.—

5 The land referred to in subsection (a) as the land to be

6 conveyed by the Secretary are those lands depicted on the

7 map entitled ‘‘Mt. Hood Corridor Land Exchange Map’’,

8 dated July 18, 1996.

9 (d) EQUAL VALUE.—The land and interests in land

10 exchanged under this section shall be of equal market

11 value as determined by nationally recognized appraisal

12 standards, including, to the extent appropriate, the Uni13 form Standards for Federal Land Acquisition, the Uni14 form Standards of Professional Appraisal Practice, or

15 shall be equalized by way of payment of cash pursuant

16 to the provisions of section 206(d) of the Federal Land

17 Policy and Management Act of 1976 (43 U.S.C. 1716(d)),

18 and other applicable law.

19 (e) REDESIGNATION OF LAND TO MAINTAIN REVE20 NUE FLOW.—So as to maintain the current flow of reve21 nue from land subject to the Act entitled ‘‘An Act relating

22 to the revested Oregon and California Railroad and recon23 veyed Coos Bay Wagon Road grant land situated in the

24 State of Oregon’’, approved August 28, 1937 (43 U.S.C.

25 1181a et seq.), the Secretary may redesignate public do-
39

S 1662 ES

1 main land located in and west of Range 9 East, Willam2 ette Meridian, Oregon, as land subject to that Act.

3 (f) TIMETABLE.—The exchange directed by this sec4 tion shall be consummated not later than 1 year after the

5 date of enactment of this title.

6 (g) WITHDRAWAL OF LANDS.—All lands managed by

7 the Department of the Interior, Bureau of Land Manage8 ment, located in Townships 2 and 3 South, Ranges 6 and

9 7 East, Willamette Meridian, which can be seen from the

10 right-of-way of U.S. Highway 26 (in this section, such

11 lands are referred to as the ‘‘Mt. Hood Corridor Lands’’),

12 shall be managed primarily for the protection or enhance13 ment of scenic qualities. Management prescriptions for

14 other resource values associated with these lands shall be

15 planned and conducted for purposes other than timber

16 harvest, so as not to impair the scenic qualities of the

17 area.

18 (h) TIMBER CUTTING.—Timber cutting may be con19 ducted on Mt. Hood Corridor Lands following a resource20 damaging catastrophic event. Such cutting may only be

21 conducted to achieve the following resource management

22 objectives, in compliance with the current land use plans—

23 (1) to maintain safe conditions for the visiting

24 public;
40

S 1662 ES

1 (2) to control the continued spread of forest

2 fire;

3 (3) for activities related to administration of

4 the Mt. Hood Corridor Lands; or

5 (4) for removal of hazard trees along trails and

6 roadways.

7 (i) ROAD CLOSURE.—The forest road gate located on

8 Forest Service Road 2503, located in T. 2 S., R. 6 E.,

9 sec. 14, shall remain closed and locked to protect resources

10 and prevent illegal dumping and vandalism. Access to this

11 road shall be limited to—

12 (1) Federal and State officers and employees

13 acting in an official capacity;

14 (2) employees and contractors conducting au15 thorized activities associated with the telecommuni16 cation-sites located in T. 2 S., R. 6 E., sec. 14; and

17 (3) the general public for recreational purposes,

18 except that all motorized vehicles will be prohibited.

19 (j) NEPA EXEMPTION.—The National Environ20 mental Policy Act of 1969 (P.L. 91–190) shall not apply

21 to this section for one year after the date of enactment

22 of this title.

23 (k) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated such sums as are nec25 essary to carry out this section.
41

S 1662 ES

1 TITLE V—COQUILLE TRIBAL

2 FOREST

3 SEC. 501. CREATION OF THE COQUILLE FOREST.

4 (a) The Coquille Restoration Act (P.L. 101–42) is

5 amended by inserting at the end of section 5 the following:

6 ‘‘(d) CREATION OF THE COQUILLE FOREST.—

7 ‘‘(1) DEFINITIONS.—In this subsection—

8 ‘‘(A) the term ‘Coquille Forest’ means cer9 tain lands in Coos County, Oregon, comprising

10 approximately 5,400 acres, as generally de11 picted on the map entitled ‘Coquille Forest Pro12 posal’, dated July 8, 1996.

13 ‘‘(B) the term ‘Secretary’ means the Sec14 retary of the Interior.

15 ‘‘(C) the term ‘the Tribe’ means the

16 Coquille Tribe of Coos County, Oregon.

17 ‘‘(2) MAP.—The map described in subpara18 graph (d)(1)(A), and such additional legal descrip19 tions which are applicable, shall be placed on file at

20 the local District Office of the Bureau of Land Man21 agement, the Agency Office of the Bureau of Indian

22 Affairs, and with the Senate Committee on Energy

23 and Natural Resources and the House Committee on

24 Resources.
42

S 1662 ES

1 ‘‘(3) INTERIM PERIOD.—From the date of en2 actment of this subsection until two years after the

3 date of enactment of this subsection, the Bureau of

4 Land Management shall—

5 ‘‘(A) retain Federal jurisdiction for the

6 management of lands designated under this

7 subsection as the Coquille Forest and continue

8 to distribute revenues from such lands in a

9 manner consistent with existing law; and

10 ‘‘(B) prior to advertising, offering or

11 awarding any timber sale contract on lands des12 ignated under his subsection as the Coquille

13 Forest, obtain the approval of the Assistant

14 Secretary for Indian Affairs, acting on behalf of

15 and in consultation with the Tribe.

16 ‘‘(4) TRANSITION PLANNING AND DESIGNA17 TION.—

18 ‘‘(A) During the two year interim period

19 provided for in paragraph (3), the Assistant

20 Secretary for Indian Affairs, acting on behalf of

21 and in consultation with the Tribe, is author22 ized to initiate development of a forest manage23 ment plan for the Coquille Forest. The Sec24 retary, acting through the director of the Bu25 reau of Land Management, shall cooperate and
43

S 1662 ES

1 assist in the development of such plan and in

2 the transition of forestry management oper3 ations for the Coquille Forest to the Assistant

4 Secretary for Indian Affairs.

5 ‘‘(B) Two years after the date of enact6 ment of this subsection, the Secretary shall take

7 the lands identified under subparagraph

8 (d)(1)(A) into trust, and shall hold such lands

9 in trust, in perpetuity, for the Coquille Tribe.

10 Such lands shall be thereafter designated as the

11 Coquille Forest.

12 ‘‘(C) So as to maintain the current flow of

13 revenue from land subject to the Act entitled

14 ‘An Act relating to the revested Oregon and

15 California Railroad and reconveyed Coos Bay

16 Wagon Road grant land situated in the State of

17 Oregon’ (the O & C Act), approved August 28,

18 1937 (43 U.S.C. 1181a et seq.), the Secretary

19 may redesignate, from public domain lands

20 within the Tribe’s service area, as defined in

21 this Act, certain lands to be subject to the O &

22 C Act. Lands redesignated under this subpara23 graph shall not exceed lands sufficient to con24 stitute equivalent timber value as compared to

25 lands constituting the Coquille Forest.
44

S 1662 ES

1 ‘‘(5) MANAGEMENT.—The Secretary of the In2 terior, acting through the Assistant Secretary for In3 dian Affairs shall manage the Coquille Forest under

4 applicable State and Federal forestry and environ5 mental protection laws, and subject to critical habi6 tat designations under the Endangered Species Act,

7 and subject to the standards and guidelines of Fed8 eral forest plans on adjacent or nearby Federal

9 lands, now and in the future. The Secretary shall

10 otherwise manage the Coquille Forest in accordance

11 with the laws pertaining to the management of In12 dian Trust lands and shall distribute revenues in ac13 cordance with Public Law 101–630 (25 U.S.C.

14 3107).

15 ‘‘(A) Unprocessed logs harvested from the

16 Coquille Forest shall be subject to the same

17 Federal statutory restrictions on export to for18 eign nations that apply to unprocessed logs har19 vested from Federal lands.

20 ‘‘(B) Notwithstanding any other provision

21 of law, all sales of timber from land subject to

22 this subsection shall be advertised, offered and

23 awarded according to competitive bidding prac24 tices, with sales being awarded to the highest

25 responsible bidder.
45

S 1662 ES

1 ‘‘(6) INDIAN SELF-DETERMINATION ACT AGREE2 MENT.—No sooner than two years after the date of

3 enactment of this subsection, the Secretary may,

4 upon a satisfactory showing of management com5 petence and pursuant to the Indian Self-Determina6 tion Act (25 U.S.C. 450 et seq.), enter into a bind7 ing Indian self-determination agreement (agreement)

8 with the Coquille Indian Tribe. Such agreement may

9 provide for the Tribe to carry out all or a portion

10 of the forest management for the Coquille Forest.

11 ‘‘(A) Prior to entering such an agreement,

12 and as a condition of maintaining such an

13 agreement, the Secretary must find that the

14 Coquille Tribe has entered into a binding

15 memorandum of agreement (MOA) with the

16 State of Oregon, as required under paragraph

17 7.

18 ‘‘(B) The authority of the Secretary to re19 scind the Indian self-determination agreement

20 shall not be encumbered.

21 ‘‘(i) The Secretary shall rescind the

22 agreement upon a demonstration that the

23 Tribe and the State of Oregon are no

24 longer engaged in a memorandum of

25 agreement as required under paragraph 7.
46

S 1662 ES

1 ‘‘(ii) The Secretary may rescind the

2 agreement on a showing that the Tribe has

3 managed the Coquille Forest in a manner

4 inconsistent with this subsection, or the

5 Tribe is no longer managing, or capable of

6 managing, the Coquille Forest in a manner

7 consistent with this subsection.

8 ‘‘(7) MEMORANDUM OF AGREEMENT.—The

9 Coquille Tribe shall enter into a memorandum of

10 agreement (MOA) with the State of Oregon relating

11 to the establishment and management of the

12 Coquille Forest. The MOA shall include, but not be

13 limited to, the terms and conditions for managing

14 the Coquille Forest in a manner consistent with

15 paragraph (5) of this subsection, preserving public

16 access, advancing jointly-held resource management

17 goals, achieving Tribal restoration objectives and es18 tablishing a coordinated management framework.

19 Further, provisions set forth in the MOA shall be

20 consistent with Federal trust responsibility require21 ments applicable to Indian trust lands and para22 graph (5) of this subsection.

23 ‘‘(8) PUBLIC ACCESS.—The Coquille Forest

24 shall remain open to public access for purposes of

25 hunting, fishing, recreation and transportation, ex-
47

S 1662 ES

1 cept when closure is required by State or Federal

2 law, or when the Coquille Indian Tribe and the State

3 of Oregon agree in writing that restrictions on ac4 cess are necessary or appropriate to prevent harm to

5 natural resources, cultural resources or environ6 mental quality: Provided, That the State of Oregon’s

7 agreement shall not be required when immediate ac8 tion is necessary to protect archaeological resources.

9 ‘‘(9) JURISDICTION.—

10 ‘‘(A) The United States District Court for

11 the District of Oregon shall have jurisdiction

12 over actions against the Secretary arising out of

13 claims that this subsection has been violated.

14 Any affected citizen may bring suit against the

15 Secretary for violations of this subsection, ex16 cept that suit may not be brought against the

17 Secretary for claims that the MOA has been

18 violated. The Court has the authority to hold

19 unlawful and set aside actions pursuant to this

20 subsection that are arbitrary and capricious, an

21 abuse of discretion, or otherwise an abuse of

22 law.

23 ‘‘(B) The United States District Court for

24 the District of Oregon shall have jurisdiction

25 over actions between the State of Oregon and
48

S 1662 ES

1 the Tribe arising out of claims of breach of the

2 MOA.

3 ‘‘(C) Unless otherwise provided for by law,

4 remedies available under this subsection shall

5 be limited to equitable relief and shall not in6 clude damages.

7 ‘‘(10) STATE REGULATORY AND CIVIL JURIS8 DICTION.—In addition to the jurisdiction described

9 in paragraph 7 of this subsection, the State of Or10 egon may exercise exclusive regulatory civil jurisdic11 tion, including but not limited to adoption and en12 forcement of administrative rules and orders, over

13 the following subjects—

14 ‘‘(A) management, allocation and adminis15 tration of fish and wildlife resources, including

16 but not limited to establishment and enforce17 ment of hunting and fishing seasons, bag limits,

18 limits on equipment and methods, issuance of

19 permits and licenses, and approval or dis20 approval of hatcheries, game farms, and other

21 breeding facilities: Provided, That nothing here22 in shall be construed to permit the State of Or23 egon to manage fish or wildlife habitat on

24 Coquille Forest lands;
49

S 1662 ES

1 ‘‘(B) allocation and administration of

2 water rights, appropriation of water and use of

3 water;

4 ‘‘(C) regulation of boating activities, in5 cluding equipment and registration require6 ments, and protection of the public’s right to

7 use the waterways for purposes of boating or

8 other navigation;

9 ‘‘(D) fills and removals from waters of the

10 State, as defined in Oregon law;

11 ‘‘(E) protection and management of the

12 State’s proprietary interests in the beds and

13 banks of navigable waterways;

14 ‘‘(F) regulation of mining, mine reclama15 tion activities, and exploration and drilling for

16 oil and gas deposits;

17 ‘‘(G) regulation of water quality, air qual18 ity (including smoke management), solid and

19 hazardous waste, and remediation of releases of

20 hazardous substances;

21 ‘‘(H) regulation of the use of herbicides

22 and pesticides; and

23 ‘‘(I) enforcement of public health and safe24 ty standards, including standards for the pro25 tection of workers, well construction and codes
50

S 1662 ES

1 governing the construction of bridges, buildings,

2 and other structures.

3 ‘‘(11) SAVINGS CLAUSE, STATE AUTHORITY.—

4 ‘‘(A) Nothing in this subsection shall be

5 construed to grant Tribal authority over private

6 or State-owned lands.

7 ‘‘(B) To the extent that the State of Or8 egon is regulating the foregoing areas pursuant

9 to a delegated Federal authority or a Federal

10 program, nothing in this subsection shall be

11 construed to enlarge or diminish the State’s au12 thority under such law.

13 ‘‘(C) Where both the State of Oregon and

14 the United States are regulating, nothing here15 in shall be construed to alter their respective

16 authorities.

17 ‘‘(D) To the extent that Federal law au18 thorizes the Coquille Indian Tribe to assume

19 regulatory authority over an area, nothing here20 in shall be construed to enlarge or diminish the

21 Tribe’s authority to do so under such law.

22 ‘‘(E) Unless and except to the extent that

23 the Tribe has assumed jurisdiction over the

24 Coquille Forest pursuant to Federal law, or

25 otherwise with the consent of the State, the
51

S 1662 ES

1 State of Oregon shall have jurisdiction and au2 thority to enforce its laws addressing the sub3 jects listed in subparagraph 10 of this sub4 section on the Coquille Forest against the

5 Coquille Indian Tribe, its members and all

6 other persons and entities, in the same manner

7 and with the same remedies and protections

8 and appeal rights as otherwise provided by gen9 eral Oregon law. Where the State of Oregon

10 and Coquille Indian Tribe agree regarding the

11 exercise of tribal civil regulatory jurisdiction

12 over activities on the Coquille Forest lands, the

13 Tribe may exercise such jurisdiction as is

14 agreed upon.

15 ‘‘(12) In the event of a conflict between Federal

16 and State law under this subsection, Federal law

17 shall control.’’.

18 TITLE VI—BULL RUN

19 WATERSHED PROTECTION

20 SEC. 601. SECTION 2(a) OF PUBLIC LAW 95–200 AMENDED.

21 The first sentence of section 2(a) of Public Law 95–

22 200 is amended after ‘‘referred to in this subsection (a)’’

23 by striking ‘‘2(b)’’ and inserting in lieu thereof ‘‘2(c)’’.
52

S 1662 ES

1 SEC. 602. SECTION 2(b) OF PUBLIC LAW 95–200 AMENDED.

2 The first sentence of section 2(b) of Public Law 95–

3 200 is amended after ‘‘the policy set forth in subsection

4 (a)’’ by inserting ‘‘and (b)’’.

5 SEC. 603. SECTION 2(b) REDESIGNATION.

6 Section 2(b) of Public Law 95–200 is redesignated

7 as ‘‘2(c)’’.

8 SEC. 604. TIMBER CUTTING.

9 (a) Public Law 95–200 is amended by adding a new

10 subsection 2(b) immediately after subsection 2(a), as fol11 lows:

12 ‘‘(b) TIMBER CUTTING.—

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

14 the Secretary of Agriculture shall prohibit the cut15 ting of trees in that part of the unit consisting of

16 the hydrographic boundary of the Bull Run River

17 Drainage, including certain lands within the unit

18 and located below the headworks of the city of Port19 land, Oregon’s water storage and delivery project,

20 and as depicted in a map dated July 22, 1996 and

21 entitled ‘Bull Run River Drainage’.

22 ‘‘(2) PERMITTED CUTTING.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the Secretary of Agriculture shall

25 prohibit the cutting of trees in the area de26 scribed in paragraph (1).
53

S 1662 ES

1 ‘‘(B) PERMITTED CUTTING.—Subject to

2 subparagraph (C), the Secretary may only allow

3 the cutting of trees in the area described in

4 paragraph (1)—

5 ‘‘(i) for the protection or enhancement

6 of water quality in the area described in

7 paragraph (1); or

8 ‘‘(ii) for the protection, enhancement,

9 or maintenance of water quantity available

10 from the area described in paragraph (1);

11 or

12 ‘‘(iii) for the construction, expansion,

13 protection or maintenance of municipal

14 water supply facilities; or

15 ‘‘(iv) for the construction, expansion,

16 protection or maintenance of facilities for

17 the transmission of energy through and

18 over the unit or previously authorized hy19 droelectric facilities or hydroelectric

20 projects associated with municipal water

21 supply facilities.

22 ‘‘(C) SALVAGE SALES.—The Secretary of

23 Agriculture may not authorize a salvage sale in

24 the area described in paragraph (1).’’.
54

S 1662 ES

1 (b) Redesignate subsequent subsection of Public Law

2 95–200 accordingly.

3 SEC. 605. REPORT TO CONGRESS.

4 (a) The Secretary of Agriculture shall, in consultation

5 with the city of Portland and other affected parties, under6 take a study of that part of the Little Sandy Watershed

7 that is within the unit (hereinafter referred to as the

8 ‘‘study area’’), as depicted on the map described in section

9 604 of this title.

10 (b) The study referred to in subsection (a) shall de11 termine—

12 (1) the impact of management activities within

13 the study area on the quality of drinking water pro14 vided to the Portland metropolitan area;

15 (2) the identity and location of certain ecologi16 cal features within the study area, including late

17 successional forest characteristics, aquatic and ter18 restrial wildlife habitat, significant hydrological val19 ues, or other outstanding natural features; and

20 (3) the location and extent of any significant

21 cultural or other values within the study area.

22 (c) The study referred to in subsection (a) shall in23 clude both legislative and regulatory recommendations to

24 Congress on the future management of the study area.

25 In formulating such recommendations, the Secretary shall
55

S 1662 ES

1 consult with the city of Portland and other affected par2 ties.

3 (d) To the greatest extent possible, the Secretary

4 shall use existing data and processes to carry out this

5 study and report.

6 (e) The study referred to in subsection (a) shall be

7 submitted to the Senate Committees on Energy and Natu8 ral Resources and Agriculture and the House Committees

9 on Resources and Agriculture not later than one year from

10 the date of enactment of this section.

11 (f) The Secretary is prohibited from advertising, of12 fering or awarding any timber sale within the study area

13 for a period of two years after the date of enactment of

14 this section.

15 (g) Nothing in this section shall in any way affect

16 any State or Federal law governing appropriation, use of

17 or Federal right to water on or flowing through National

18 Forest System lands. Nothing in this section is intended

19 to influence the relative strength of competing claims to

20 the waters of the Little Sandy River. Nothing in this sec21 tion shall be construed to expand or diminish Federal,

22 State, or local jurisdiction, responsibility, interests, or

23 rights in water resources development or control, including

24 rights in and current uses of water resources in the unit.
56

S 1662 ES

1 SEC. 606. LANDS WITHIN BULL RUN MANAGEMENT UNIT.

2 Lands within the Bull Run Management Unit, as de3 fined in Public Law 95–200, but not contained within the

4 Bull Run River Drainage, as defined by this title and as

5 depicted on the map dated July 1996 described in section

6 604 of this title, shall continue to be managed in accord7 ance with Public Law 95–200.

8 TITLE VII—OREGON ISLANDS

9 WILDERNESS, ADDITIONS

10 SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.

11 (a) In furtherance of the purposes of the Wilderness

12 Act of 1964, certain lands within the boundaries of the

13 Oregon Islands National Wildlife Refuge, Oregon, com14 prising approximately ninety-five acres and as generally

15 depicted on a map entitled ‘‘Oregon Island Wilderness Ad16 ditions—Proposed’’ dated August 1996, are hereby des17 ignated as wilderness. The map shall be on file and avail18 able for public inspection in the offices of the Fish and

19 Wildlife Service, Department of the Interior.

20 (b) All other federally-owned named, unnamed, sur21 veyed and unsurveyed rocks, reefs, islets and islands lying

22 within three geographic miles off the coast of Oregon and

23 above mean high tide, not currently designated as wilder24 ness and also within the Oregon Islands National Wildlife

25 Refuge boundaries under the administration of the United

26 States Fish and Wildlife Service, Department of the Inte-
57

S 1662 ES

1 rior, as designated by Executive Order 7035, Proclama2 tion 2416, Public Land Orders 4395, 4475 and 6287, and

3 Public Laws 91–504 and 95–450, are hereby designated

4 as wilderness.

5 (c) All federally-owned named, unnamed, surveyed

6 and unsurveyed rocks, reefs, islets and islands lying within

7 three geographic miles off the coast of Oregon and above

8 mean high tide, and presently under the jurisdiction of

9 the Bureau of Land Management, are hereby designated

10 as wilderness, shall become part of the Oregon Islands Na11 tional Wildlife Refuge and the Oregon Islands Wilderness

12 and shall be under the jurisdiction of the United States

13 Fish and Wildlife Service, Department of the Interior.

14 (d) As soon as practicable after this title takes effect,

15 a map of the wilderness area and a description of its

16 boundaries shall be filed with the Senate Committee on

17 Energy and Natural Resources and the House Committee

18 on Resources, and such map shall have the same force

19 and effect as if included in this title: Provided however,

20 That correcting clerical and typographical errors in the

21 map and land descriptions may be made.

22 (e) Public Land Order 6287 of June 16, 1982, which

23 withdrew certain rocks, reefs, islets and islands lying with24 in three geographic miles off the coast of Oregon and

25 above mean high tide, including the ninety-five acres de-
58

S 1662 ES

1 scribed in subsection (a), as an addition to the Oregon

2 Islands National Wildlife Refuge is hereby made perma3 nent.

4 TITLE VIII—UMPQUA RIVER

5 LAND EXCHANGE STUDY

6 SEC. 801. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY

7 AND DIRECTION.

8 (a) IN GENERAL.—The Secretaries of the Interior

9 and Agriculture (Secretaries) are hereby authorized and

10 directed to consult, coordinate and cooperate with the

11 Umpqua Land Exchange Project (ULEP), affected units

12 and agencies of State and local government, and, as ap13 propriate, the World Forestry Center and National Fish

14 and Wildlife Foundation, to assist ULEP’s ongoing efforts

15 in studying and analyzing land exchange opportunities in

16 the Umpqua River basin and to provide scientific, tech17 nical, research, mapping and other assistance and infor18 mation to such entities. Such consultation, coordination

19 and cooperation shall at a minimum include, but not be

20 limited to—

21 (1) working with ULEP to develop or assemble

22 comprehensive scientific and other information (in23 cluding comprehensive and integrated mapping) con24 cerning the Umpqua River basin’s resources of for25 est, plants, wildlife, fisheries (anadromous and
59

S 1662 ES

1 other), recreational opportunities, wetlands, riparian

2 habitat and other physical or natural resources;

3 (2) working with ULEP to identify general or

4 specific areas within the basin where land exchanges

5 could promote consolidation of timberland ownership

6 for long-term, sustained timber production; protec7 tion and improvement of habitat for plants, fish and

8 wildlife (including any federally listed threatened or

9 endangered species); protection of drinking water

10 supplies; recovery of threatened and endangered spe11 cies; protection and improvement of wetlands, ripar12 ian lands and other environmentally sensitive areas;

13 consolidation of land ownership for improved public

14 access and a broad array of recreational uses; and

15 consolidation of land ownership to achieve manage16 ment efficiency and reduced costs of administration;

17 and

18 (3) developing a joint report for submission to

19 the Congress which discusses land exchange oppor20 tunities in the basin and outlines either a specific

21 land exchange proposal or proposals which may

22 merit consideration by the Secretaries or the Con23 gress, or ideas and recommendations for new au24 thorizations, direction, or changes in existing law or

25 policy to expedite and facilitate the consummation of
60

S 1662 ES

1 beneficial land exchanges in the basin via adminis2 trative means.

3 (b) MATTERS FOR SPECIFIC STUDY.—In analyzing

4 land exchange opportunities with ULEP, the Secretaries

5 shall give priority to assisting ULEP’s ongoing efforts

6 in—

7 (1) studying, identifying and mapping areas

8 where the consolidation of land ownership via land

9 exchanges could promote the goals of long term spe10 cies protection, including the goals of the Endan11 gered Species Act of 1973 more effectively than cur12 rent land ownership patterns and whether any

13 changes in law or policy applicable to such lands

14 after consummation of an exchange would be advis15 able or necessary to achieve such goals;

16 (2) studying, identifying and mapping areas

17 where land exchanges might be utilized to better sat18 isfy the goals of sustainable timber harvest, includ19 ing studying whether changes in existing law or pol20 icy applicable to such lands after consummation of

21 an exchange would be advisable or necessary to

22 achieve such goals;

23 (3) identifying issues and studying options and

24 alternatives, including possible changes in existing

25 law or policy, to insure that combined post-exchange
61

S 1662 ES

1 revenues to units of local government from State

2 and local property, severance and other taxes or lev3 ies and shared Federal land receipts will approxi4 mate pre-exchange revenues;

5 (4) identifying issues and studying whether pos6 sible changes in law, special appraisal instruction, or

7 changes in certain Federal appraisal procedures

8 might be advisable or necessary to facilitate the ap9 praisal of potential exchange lands which may have

10 special characteristics or restrictions affecting land

11 values;

12 (5) identifying issues and studying options and

13 alternatives, including changes in existing laws or

14 policy, for achieving land exchanges without reduc15 ing the net supply of timber available to small busi16 nesses;

17 (6) identifying, mapping, and recommending

18 potential changes in land use plans, land classifica19 tions, or other actions which might be advisable or

20 necessary to expedite, facilitate or consummate land

21 exchanges in certain areas; and

22 (7) analyzing potential sources for new or en23 hanced Federal, State or other funding to promote

24 improved resource protection, species recovery, and

25 management in the basin.
62

S 1662 ES

1 SEC. 802. REPORT TO CONGRESS.

2 No later than February 1, 1998, ULEP and the Sec3 retaries shall submit a joint report to the Committee on

4 Resources of the United States House of Representatives

5 and to the Committee on Energy and Natural Resources

6 of the United States Senate concerning their studies, find7 ings, recommendations, mapping and other activities con8 ducted pursuant to this title.

9 SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

10 In furtherance of the purposes of this title, there is

11 hereby authorized to be appropriated the sum of

12 $2,000,000, to remain available until expended.

Passed the Senate August 2, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 1662

AN ACT

To establish areas of wilderness and recreation in

the State of Oregon, and for other purposes.
S 1662 ES——5

S 1662 ES——4S 1662 ES——3S 1662 ES——2