Calendar No. 489

104TH CONGRESS

2D SESSION S. 1662

A BILL

To establish areas of wilderness and recreation in

the State of Oregon, and for other purposes.

JULY 2, 1996

Reported with an amendment
II

Calendar No. 489

104TH CONGRESS

2D SESSION S. 1662

[Report No. 104–314]

To establish areas of wilderness and recreation in the State of Oregon,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 29, 1996

Mr. HATFIELD introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

JULY 2, 1996

Reported under authority of the order of the Senate of June 27, 1996 by Mr.

MURKOWSKI, with an amendment

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

A BILL

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’’.
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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) IMMEDIATE FAMILY.—The term ‘‘immediate

15 family’’ means, with respect to the owner of record

16 of land or an interest in land, a spouse, sibling, child

17 (whether natural or adopted), stepchild, and any lin18 eal descendant of the owner.

19 (3) OPAL CREEK WILDERNESS.—The term

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

21 Willamette National Forest in the State of Oregon

22 comprising approximately 13,212 acres, as generally

23 depicted on the map entitled ‘‘Proposed Opal Creek

24 Wilderness and Scenic Recreation Area’’, dated

25 March 1996.
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1 (4) SCENIC RECREATION AREA.—The term

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

3 Scenic Recreation Area established under section

4 103(a)(3).

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

6 the Secretary of Agriculture.

7 SEC. 103. ESTABLISHMENT OF OPAL CREEK WILDERNESS

8 AND SCENIC RECREATION AREA.

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

10 Secretary under subsection (b)—

11 (1) the Opal Creek Wilderness shall become a

12 component of the National Wilderness System and

13 shall be known as the Opal Creek Wilderness;

14 (2) the part of the Bull of the Woods Wilder15 ness that is located in the Willamette National For16 est shall be incorporated into the Opal Creek Wilder17 ness; and

18 (3) the Secretary shall establish the Opal Creek

19 Scenic Recreation Area in the Willamette National

20 Forest in the State of Oregon, comprising approxi21 mately 13,013 acres, as generally depicted on the

22 map entitled ‘‘Proposed Opal Creek Wilderness and

23 Scenic Recreation Area’’, dated March 1996.

24 (b) CONDITIONS.—Subsection (a) shall not take ef25 fect unless the Secretary makes a determination, not later
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1 than 2 years after the date of enactment of this Act, that

2 the following have been donated to the United States in

3 an acceptable condition and without encumbrances:

4 (1) All right, title, and interest in the following

5 patented parcels of land:

6 (A) Santiam number 1, mineral survey

7 number 992, as described in patent number 39–

8 92–0002, dated December 11, 1991.

9 (B) Ruth Quartz Mine number 2, mineral

10 survey number 994, as described in patent

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

12 (C) Morning Star Lode, mineral survey

13 number 993, as described in patent number 36–

14 91–0011, dated February 12, 1991.

15 (D) Certain land belonging to the Times

16 Mirror Land and Timber Company located in

17 section 18, township 8 south, range 5 east,

18 Marion County, Oregon, Eureka numbers 6, 7,

19 and 8, and 13 patented mining claims.

20 (2) A public easement across the Hewitt, Star21 vation, and Poor Boy Mill Sites, mineral survey

22 number 990, as described in patent number 36–91–

23 0017, dated May 9, 1991, or any alternative route

24 for the easement that may be available.
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1 (c) EXPANSION OF SCENIC RECREATION AREA

2 BOUNDARIES.—On acquiring all or substantially all of the

3 land located in section 36, township 8 south, range 4 east,

4 of the Willamette Meridian, Marion County, Oregon, by

5 exchange, purchase, or donation, the Secretary shall ex6 pand the boundary of the Scenic Recreation Area to in7 clude the land.

8 SEC. 104. ADMINISTRATION OF THE SCENIC RECREATION

9 AREA.

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

11 the Scenic Recreation Area in accordance with the laws

12 (including regulations) applicable to the National Forest

13 System.

14 (b) MANAGEMENT PLAN.—

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

16 the date of establishment of the Scenic Recreation

17 Area, the Secretary, in consultation with the advi18 sory committee established under section 105(a),

19 shall prepare a comprehensive management plan for

20 the Scenic Recreation Area.

21 (2) INCORPORATION IN LAND AND RESOURCE

22 MANAGEMENT PLAN.—On completion of the man23 agement plan, the management plan shall become

24 part of the land and resource management plan for

25 the Willamette National Forest and supersede any
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1 conflicting provision in the land and resource man2 agement plan.

3 (3) REQUIREMENTS.—The management plan

4 shall provide a broad range of land uses, including—

5 (A) recreation;

6 (B) harvesting of nontraditional forest

7 products, such as gathering mushrooms and

8 material to make baskets; and

9 (C) educational and research opportunities.

10 (4) PLAN AMENDMENTS.—The Secretary may

11 amend the management plan as the Secretary may

12 determine to be necessary.

13 (c) CULTURAL AND HISTORIC RESOURCE INVEN14 TORY.—

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

16 the date of establishment of the Scenic Recreation

17 Area, the Secretary shall review and revise the in18 ventory of the cultural and historic resources on the

19 public land in the Scenic Recreation Area that were

20 developed pursuant to the Oregon Wilderness Act of

21 1984 (Public Law 98–328; 98 Stat. 272).

22 (2) INTERPRETATION.—Interpretive activities

23 shall be developed under the management plan in

24 consultation with State and local historic preserva25 tion organizations and shall include a balanced and
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1 factually-based interpretation of the cultural, eco2 logical, and industrial history of forestry and mining

3 in the Scenic Recreation Area.

4 (d) TRANSPORTATION PLANNING.—

5 (1) IN GENERAL.—To maintain access to recre6 ation sites and facilities in existence on the date of

7 enactment of this Act, the Secretary shall prepare a

8 transportation plan for the Scenic Recreation Area

9 that evaluates the road network within the Scenic

10 Recreation Area to determine which roads should be

11 retained and which roads closed.

12 (2) ACCESS BY PERSONS WITH DISABILITIES.—

13 The Secretary, in consultation with private inholders

14 in the Scenic Recreation Area, shall consider the ac15 cess needs of persons with disabilities in preparing

16 the transportation plan for the Scenic Recreation

17 Area.

18 (3) MOTOR VEHICLES.—

19 (A) IN GENERAL.—Except as provided in

20 subparagraph (B) and in the transportation

21 plan under paragraph (1), motorized vehicles

22 shall not be permitted in the Scenic Recreation

23 Area.

24 (B) EXCEPTION.—Forest road 3209 be25 yond the gate to the Scenic Recreation Area, as
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1 depicted on the map described in section

2 103(a)(3), may be used by motorized vehicles

3 for administrative purposes and for access to a

4 private inholding, subject to such terms and

5 conditions as the Secretary may determine to be

6 necessary.

7 (4) ROAD IMPROVEMENT.—Any construction or

8 improvement of forest road 3209 beyond the gate to

9 the Scenic Recreation Area may not include paving

10 or any work beyond 50 feet from the centerline of

11 the road.

12 (e) HUNTING AND FISHING.—

13 (1) IN GENERAL.—Subject to other Federal and

14 State law, the Secretary shall permit hunting and

15 fishing in the Scenic Recreation Area.

16 (2) LIMITATION.—The Secretary may designate

17 zones in which, and establish periods when, no hunt18 ing or fishing shall be permitted for reasons of pub19 lic safety, administration, or public use and enjoy20 ment.

21 (3) CONSULTATION.—Except during an emer22 gency, as determined by the Secretary, the Secretary

23 shall consult with the Oregon State Department of

24 Fish and Wildlife before issuing any regulation

25 under this section.
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1 (f) TIMBER CUTTING.—

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

3 the Secretary shall prohibit the cutting of trees in

4 the Scenic Recreation Area.

5 (2) PERMITTED CUTTING.—

6 (A) IN GENERAL.—Subject to subpara7 graph (B), the Secretary may allow the cutting

8 of trees in the Scenic Recreation Area—

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

10 the spread of a forest fire in the Scenic

11 Recreation Area or on land adjacent to the

12 Scenic Recreation Area; or

13 (ii) for activities related to adminis14 tration of the Scenic Recreation Area.

15 (B) SALVAGE SALES.—The Secretary may

16 not allow a salvage sale in the Scenic Recre17 ation Area.

18 (g) WITHDRAWAL.—Subject to rights perfected be19 fore the date of enactment of this Act, all land in the Sce20 nic Recreation Area are withdrawn from—

21 (1) any form of entry, appropriation, or dis22 posal under the public land laws;

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

24 laws; and
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1 (3) disposition under the mineral and geo2 thermal leasing laws.

3 (h) WATER IMPOUNDMENTS.—Notwithstanding the

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

5 Energy Regulatory Commission may not license the con6 struction of any dam, water conduit, reservoir, power7 house, transmission line, or other project work in the Sce8 nic Recreation Area.

9 (i) RECREATION.—

10 (1) RECOGNITION.—Congress recognizes recre11 ation as an appropriate use of the Scenic Recreation

12 Area.

13 (2) MINIMUM LEVELS.—The management plan

14 shall accommodate recreation at not less than the

15 levels in existence on the date of enactment of this

16 Act.

17 (3) HIGHER LEVELS.—The management plan

18 may provide for levels of recreation use higher than

19 the levels in existence on the date of enactment of

20 this Act if the levels are consistent with the protec21 tion of resource values.

22 (j) PARTICIPATION.—In order that the knowledge,

23 expertise, and views of all agencies and groups may con24 tribute affirmatively to the most sensitive present and fu-
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1 ture use of the Scenic Recreation Area and its various sub2 areas for the benefit of the public:

3 (1) ADVISORY COUNCIL.—The Secretary shall

4 consult on a periodic and regular basis with the ad5 visory council established under section 105 with re6 spect to matters relating to management of the Sce7 nic Recreation Area.

8 (2) PUBLIC PARTICIPATION.—The Secretary

9 shall seek the views of private groups, individuals,

10 and the public concerning the Scenic Recreation

11 Area.

12 (3) OTHER AGENCIES.—The Secretary shall

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

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

15 responsibility for the zoning, planning, or natural re16 sources of the Scenic Recreation Area.

17 (4) NONPROFIT AGENCIES AND ORGANIZA18 TIONS.—The Secretary shall seek the views of any

19 nonprofit agency or organization that may contrib20 ute information or expertise about the resources and

21 the management of the Scenic Recreation Area.

22 SEC. 105. ADVISORY COUNCIL.

23 (a) ESTABLISHMENT.—On the establishment of the

24 Scenic Recreation Area, the Secretary shall establish an

25 advisory council for the Scenic Recreation Area.
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1 (b) MEMBERSHIP.—The advisory council shall consist

2 of not more than 11 members, of whom—

3 (1) 1 member shall represent Marion County,

4 Oregon, and shall be designated by the governing

5 body of the county;

6 (2) 1 member shall represent the State of Or7 egon and shall be designated by the Governor of Or8 egon; and

9 (3) not more than 8 members shall be ap10 pointed by the Secretary from among persons who,

11 individually or through association with a national or

12 local organization, have an interest in the adminis13 tration of the Scenic Recreation Area, including rep14 resentatives of the timber industry, environmental

15 organizations, and economic development interests.

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

17 council shall serve for staggered terms of 3 years.

18 (d) CHAIRMAN.—The Secretary shall designate 1

19 member of the advisory council as chairman.

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

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

22 appointment.

23 (f) COMPENSATION.—A member of the advisory

24 council shall not receive any compensation for the mem25 ber’s service to the advisory council.
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1 SEC. 106. GENERAL PROVISIONS.

2 (a) LAND ACQUISITION.—

3 (1) IN GENERAL.—Subject to the other provi4 sions of this subsection, the Secretary may acquire

5 any lands, waters, or interests in land or water in

6 the Scenic Recreation Area or the Opal Creek Wil7 derness that the Secretary determines are needed to

8 carry out this title.

9 (2) PUBLIC LAND.—Any lands, waters, or inter10 ests in land or water owned by a State or a political

11 subdivision of a State may be acquired only by dona12 tion or exchange.

13 (3) CONDEMNATION.—Subject to paragraph

14 (4), the Secretary may not acquire any privately

15 owned land or interest in land without the consent

16 of the owner unless the Secretary finds that—

17 (A) the nature of land use has changed

18 significantly, or the landowner has dem19 onstrated intent to change the land use signifi20 cantly, from the use that existed on the date of

21 the enactment of this Act; and

22 (B) acquisition by the Secretary of the

23 land or interest in land is essential to ensure

24 use of the land or interest in land in accordance

25 with the management plan prepared under sec26 tion 104(b).
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1 (4) RIGHT OF FIRST REFUSAL.—

2 (A) IN GENERAL.—The following privately

3 owned lands, interests in land, and structures

4 may not be disposed of by donation, exchange,

5 sale, or other conveyance without first being of6 fered at not more than fair market value to the

7 Secretary:

8 (i) The lode mining claims known as

9 the Princess Lode, Black Prince Lode, and

10 King Number 4 Lode, embracing portions

11 of sections 29 and 32, township 8 south,

12 range 5 east, Willamette Meridian, Marion

13 County, Oregon, the claims being more

14 particularly described in the field notes

15 and depicted on the plat of mineral survey

16 number 887, Oregon.

17 (ii) Ruth Quartz Mine Number 1,

18 mineral survey number 994, as described

19 in patent number 39–91–0012, dated Feb20 ruary 12, 1991.

21 (B) ACCEPTANCE PERIOD.—The Secretary

22 shall have not less than 120 days in which to

23 accept an offer under subparagraph (A).

24 (C) ACQUISITION.—The Secretary shall

25 have not less than 45 days after the end of the
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1 fiscal year following the fiscal year in which an

2 offer was accepted under subparagraph (B) to

3 acquire the land, interest in land, or structure

4 offered under subparagraph (A).

5 (D) PROHIBITION OF CHEAPER SALES.—

6 Any land, interest in land, or structure offered

7 to the Secretary under subparagraph (A) may

8 not be sold or conveyed at a price below the

9 price at which the land, interest in land, or

10 structure was offered.

11 (E) REOFFER.—

12 (i) IN GENERAL.—Subject to clause

13 (ii), any land, interest in land, or structure

14 offered to the Secretary under subpara15 graph (A) may not be reoffered for sale or

16 conveyance unless the land, interest in

17 land, or structure is first reoffered to the

18 Secretary.

19 (ii) IMMEDIATE FAMILY.—Clause (i)

20 shall not apply to a change in ownership of

21 land, an interest in land, or a structure

22 within the immediate family of the owner

23 of record on January 1, 1996.
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1 (F) PROCEEDS.—The proceeds of any sale

2 to the Secretary under this paragraph may be

3 used only for—

4 (i) trail, road, and bridge mainte5 nance;

6 (ii) elementary, secondary, under7 graduate and graduate level interpretive,

8 research, and educational programs and

9 activities, such as public school field study

10 programs, laboratory studies, workshops,

11 and seminars; and

12 (iii) construction of visitor facilities,

13 such as restrooms, information kiosks, and

14 trail signage.

15 (b) ENVIRONMENTAL RESPONSE ACTIONS AND COST

16 RECOVERY.—

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

18 shall limit the authority of the Secretary or a re19 sponsible party to conduct an environmental re20 sponse action in the Scenic Recreation Area in con21 nection with the release, threatened release, or clean22 up of a hazardous substance, pollutant, or contami23 nant, including a response action conducted under

24 the Comprehensive Environmental Response, Com-
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1 pensation, and Liability Act of 1980 (42 U.S.C.

2 9601 et seq.).

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

4 the authority of the Secretary or a responsible party

5 to recover costs related to the release, threatened re6 lease, or cleanup of any hazardous substance or pol7 lutant or contaminant in the Scenic Recreation

8 Area.

9 (c) MAPS AND DESCRIPTION.—

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

11 the date of enactment of this Act, the Secretary

12 shall file a map and a boundary description for the

13 Opal Creek Wilderness and for the Scenic Recre14 ation Area with the Committee on Resources of the

15 House of Representatives and the Committee on En16 ergy and Natural Resources of the Senate.

17 (2) FORCE AND EFFECT.—The boundary de18 scription and map shall have the same force and ef19 fect as if the description and map were included in

20 this title, except that the Secretary may correct cler21 ical and typographical errors in the boundary de22 scription and map.

23 (3) AVAILABILITY.—The map and boundary de24 scription shall be on file and available for public in-
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1 spection in the Office of the Chief of the Forest

2 Service, Department of Agriculture.

3 SEC. 107. DESIGNATION OF ELKHORN CREEK AS A WILD

4 AND SCENIC RIVER.

5 Section 3(a) of the Wild and Scenic Recreation Rivers

6 Act (16 U.S.C. 1274(a)) is amended by adding at the end

7 the following:

8 ‘‘( ) ELKHORN CREEK.—Elkhorn Creek from its

9 source to its confluence on Federal land, to be adminis10 tered by agencies of the Departments of the Interior and

11 Agriculture as agreed on by the Secretary of the Interior

12 and the Secretary of Agriculture or as directed by the

13 President. Notwithstanding subsection (b), the boundaries

14 of the Elkhorn River shall include an average of not more

15 than 640 acres per mile measured from the ordinary high

16 water mark on both sides of the river.’’.

17 SEC. 108. SAVINGS CLAUSE.

18 Nothing in this title shall—

19 (1) interfere with any activity for which a spe20 cial use permit has been issued (and not revoked)

21 before the date of enactment of this Act, subject to

22 the terms of the permit; or

23 (2) otherwise abridge the valid existing rights of

24 an unpatented mining claimant under the general

25 mining laws of the United States.
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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 Act, consisting of representatives of the environ16 mental community, Klamath Tribes, water users,

17 local industry, Klamath County, Oregon, the Depart18 ment of Fish and Wildlife of the State of Oregon,

19 the Oregon Institute of Technology, the city of

20 Klamath Falls, Oregon, and the United States Fish

21 and Wildlife Service, Bureau of Reclamation, Bu22 reau of Land Management, Forest Service, Natural

23 Resources Conservation Service, and Ecosystem Res24 toration Office.
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (b) COOPERATIVE AGREEMENT.—

4 (1) IN GENERAL.—The Secretary shall enter

5 into a cooperative agreement with the Working

6 Group under which—

7 (A) the Working Group through the Eco8 system Restoration Office, with technical assist9 ance from the Secretary, will propose ecological

10 restoration projects to be undertaken in the

11 Upper Klamath Basin based on a consensus of

12 interested persons in the community;

13 (B) the Working Group will accept dona14 tions from the public and place the amount of

15 any donations received in a trust fund, to be ex16 pended on the performance of ecological res17 toration projects approved by the Secretary;

18 (C) on continued satisfaction of the condi19 tion stated in subsection (c), the Secretary shall

20 pay not more than 50 percent of the cost of

21 performing any ecological restoration project

22 approved by the Secretary, up to a total

23 amount of $1,000,000 during each of fiscal

24 years 1997 through 2001;
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1 (D) funds made available under this title

2 shall be distributed by the Department of the

3 Interior, the Fish and Wildlife Service, and the

4 Ecosystem Restoration Office;

5 (E) the Ecosystem Restoration Office may

6 utilize not more than 15 percent of all funds

7 administered under this section for administra8 tive costs relating to the implementation of this

9 title; and

10 (F) Federal agencies located in the Upper

11 Klamath Basin, including the Fish and Wildlife

12 Service, Bureau of Reclamation, National Park

13 Service, Forest Service, Natural Resources Con14 servation Service, and Ecosystem Restoration

15 Office shall provide technical assistance to the

16 Working Group and actively participate in

17 Working Group meetings as nonvoting mem18 bers.

19 (c) CONDITIONS.—The conditions stated in this sub20 section are—

21 (1) that the representatives and interested per22 sons on the Working Group on the date of enact23 ment of this Act continue to serve, and in the future

24 consist of not less than—

25 (A) 3 tribal members;
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1 (B) 2 representatives of the city of Klam2 ath Falls, Oregon;

3 (C) 2 representatives of Klamath County,

4 Oregon;

5 (D) 1 representative of institutions of

6 higher education in the Upper Klamath Basin;

7 (E) 4 representatives of the environmental

8 community;

9 (F) 4 representatives of local businesses

10 and industries;

11 (G) 4 representatives of the ranching and

12 farming community;

13 (H) 2 representatives of the State of Or14 egon; and

15 (I) 2 representatives from the local com16 munity; and

17 (2) that the Working Group conduct all meet18 ings consistent with Federal open meeting and pub19 lic participation laws.

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to carry out this section

22 $1,000,000 for each of fiscal years 1997 through 2002.

23 SEC. 202. DESCHUTES BASIN RESTORATION PROJECTS.

24 There is hereby authorized the Deschutes Basin

25 Working Group to be constituted in the same manner,
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1 with the same membership, provided with the same appro2 priations and provided with the same ability to offer rec3 ommendations to Federal agencies regarding the expendi4 ture of funds as the Klamath Basin Group.

5 TITLE III—MOUNT HOOD

6 CORRIDOR

7 SEC. 301. LAND EXCHANGE.

8 (a) AUTHORIZATION.—Notwithstanding any other

9 law, if Longview Fibre Company (referred to in this sec10 tion as ‘‘Longview’’) offers and conveys title that is accept11 able to the United States to the land described in sub12 section (b), the Secretary of the Interior (referred to in

13 this section as the ‘‘Secretary’’) shall convey to Longview

14 title to some or all of the land described in subsection (c),

15 as necessary to satisfy the requirements of subsection (d).

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

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

18 by Longview is the land described as follows:

(1) T. 2 S., R. 6 E., sec. 13—E1⁄2SW1 19 ⁄4,

W1⁄2SE1 20 ⁄4, containing 160 record acres, more or

21 less;

22 (2) T. 2 S., R. 6 E., sec. 14—All, containing

23 640 record acres, more or less;
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(3) T. 2 S., R. 6 E., sec. 16—N1⁄2, SW1 1 ⁄2,

N1⁄2SE1⁄4, SW1⁄4SE1 2 ⁄2, containing 600 record acres,

3 more or less;

(4) T. 2 S., R. 6 E., sec. 26—NW1 4 ⁄4,

N1⁄2SW1⁄4, SW1⁄4SW1⁄4, NW1⁄4SE1 5 ⁄4; (and a strip of

6 land to be used for right-of-way purposes in sec. 23),

7 containing 320 record acres, more or less;

(5) T. 2 S., R. 6 E., sec. 27—S1⁄2NE1⁄4NE1 8 ⁄4,

NW1⁄4NE1⁄4, SE1⁄4NE1⁄4, NW1⁄4NW1 9 ⁄4, containing

10 140 record acres, more or less;

(6) T. 2 S., R. 6 E., sec. 28—N1 11 ⁄2, Except a

12 tract of land 100 feet square bordering and lying

13 west of Wild Cat Creek and bordering on the north

14 line of Sec. 28, described as follows: Beginning at a

15 point on the west bank of Wild Cat Creek and the

16 north boundary of sec. 28, running thence W. 100

17 feet, thence S. 100 feet parallel with the west bank

18 of Wild Cat Creek, thence E. to the west bank of

19 Wild Cat Creek, thence N. along said bank of Wild

20 Cat Creek to the point of beginning, containing

21 319.77 record acres, more or less;

(7) T. 2 S., R. 7 E., sec. 19—E1⁄2SW1 22 ⁄4,

SW1⁄4SE1 23 ⁄4, Except a tract of land described in deed

24 recorded on August 6, 1991, as Recorder’s Fee No.
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1 91–39007, and except the portion lying within public

2 roads, containing 117.50 record acres, more or less;

(8) T. 2 S., R. 7 E., sec. 20—S1⁄2SW1⁄4SW1 3 ⁄4,

4 containing 20 record acres, more or less;

(9) T. 2 S., R. 7 E., sec. 27—W1⁄2SW1 5 ⁄4, con6 taining 80 record acres, more or less;

(10) T. 2 S., R. 7 E., sec. 28—S1 7 ⁄2, containing

8 320 record acres, more or less;

(11) T. 2 S., R. 7 E., sec. 29—SW1⁄4NE1 9 ⁄4,

W1⁄2SE1⁄4NE1⁄4, NW1⁄4, SE1 10 ⁄4, containing 380

11 record acres, more or less;

(12) T. 2 S., R. 7 E., sec. 30—E1⁄2NE1 12 ⁄4,

NW1⁄2NE1 13 ⁄4, Except the portion lying within Tim14 berline Rim Division 4, and except the portion lying

15 within the county road, containing 115 record acres,

16 more or less;

(13) T. 2 S., R. 7 E., sec. 33—N1⁄2NE1 17 ⁄4,

E1⁄2NW1⁄4NW1⁄4, NE1⁄4SW1⁄4NW1 18 ⁄4, containing 110

19 record acres, more or less;

(14) T. 3 S., R. 5 E., sec. 13—NE1⁄4SE1 20 ⁄4,

21 containing 40 record acres, more or less;

22 (15) T. 3 S., R. 5 E., sec. 25—The portion of

the E1⁄2NE1 23 ⁄4 lying southerly of Eagle Creek and

24 northeasterly of South Fork Eagle Creek, containing

25 14 record acres, more or less;
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1 (16) T. 3 S., R. 5 E., sec. 26—The portion of

the N1⁄2SW1 2 ⁄4 lying northeasterly of South Fork

3 Eagle Creek, containing 36 record acres, more or

4 less; and

(17) T. 6 S., R. 2 E., sec. 4—SW1 5 ⁄4, containing

6 160.00 record acres, more or less.

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

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

9 conveyed by the Secretary is the land described as follows:

(1) T. 1 S., R. 5 E., sec. 9—SE1⁄4NE1 10 ⁄4,

SE1⁄4SE1 11 ⁄4, containing 80 record acres, more or less;

(2) T. 2 S., R. 5 E., sec. 33—NE1⁄4NE1 12 ⁄4, con13 taining 40 record acres, more or less;

(3) T. 21 14 ⁄2 S., R. 6 E., sec. 31—Lots 1–4, incl.

15 containing 50.65 record acres, more or less;

(4) T. 21 16 ⁄2 S., R. 6 E., sec. 32—Lots 1–4, incl.

17 containing 60.25 record acres, more or less;

(5) T. 3 S., R. 5 E., sec. 1—NE1⁄4SW1 18 ⁄4,

SE1 19 ⁄4, containing 200 record acres, more or less;

(6) T. 3 S., R. 5 E., sec. 9—S1⁄2SE1 20 ⁄4, contain21 ing 80 record acres, more or less;

(7) T. 3 S., R. 5 E., sec. 17—N1⁄2NE1 22 ⁄4, con23 taining 80 record acres, more or less;
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(8) T. 3 S., R. 5 E., sec. 23—W1⁄2NW1 1 ⁄4,

NW1⁄4SW1 2 ⁄4, containing 120 record acres, more or

3 less;

4 (9) T. 3 S., R. 5 E., sec. 25—The portion of

the S1⁄2S1 5 ⁄2 lying southwesterly of South Fork Eagle

6 Creek, containing 125 record acres, more or less;

7 (10) T. 3 S., R. 5 E., sec. 31—Unnumbered lot

(SW1⁄4SW1 8 ⁄4), containing 40.33 record acres, more

9 or less;

(11) T. 7 S., R. 1 E., sec. 23—SE1⁄4SE1 10 ⁄4, con11 taining 40 record acres, more or less;

(12) T. 10 S., R. 2 E., sec. 34—SW1⁄4SW1 12 ⁄4,

13 containing 40 record acres, more or less;

(13) T. 10 S., R. 4 E., sec. 9—NW1⁄4NW1 14 ⁄4,

15 containing 40 record acres, more or less;

(14) T. 10 S., R. 4 E., sec. 21—E1⁄2SW1 16 ⁄4,

17 containing 80 record acres, more or less;

(15) T. 4 N., R. 3 W., sec. 35—W1⁄2SW1 18 ⁄4,

19 containing 80 record acres, more or less;

(16) T. 3 N., R. 3 W., sec. 7—E1⁄2NE1 20 ⁄4, con21 taining 80 record acres, more or less;

(17) T. 3 N., R. 3 W., sec. 9—NE1⁄4NE1 22 ⁄4,

23 containing 40 record acres, more or less;

(18) T. 3 N., R. 3 W., sec. 17—S1⁄2NE1 24 ⁄4, con25 taining 80 record acres, more or less; and
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1 (19) T. 3 N., R. 3 W., sec. 21—Lot 1,

N1⁄2NW1⁄4, SW1⁄4NW1 2 ⁄4, containing 157.99 record

3 acres, more or less.

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

5 exchanged under this section—

6 (1) shall be of equal market value; or

7 (2) shall be equalized using nationally recog8 nized appraisal standards, including, to the extent

9 appropriate, the Uniform Standards for Federal

10 Land Acquisition, the Uniform Standards of Profes11 sional Appraisal Practice, the provisions of section

12 206(d) of the Federal Land Policy and Management

13 Act of 1976 (43 U.S.C. 1716(d)), and other applica14 ble law.

15 (e) REDESIGNATION OF LAND TO MAINTAIN REVE16 NUE FLOW.—So as to maintain the current flow of reve17 nue from land subject to the Act entitled ‘‘An Act relating

18 to the revested Oregon and California Railroad and recon19 veyed Coos Bay Wagon Road grant land situated in the

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

21 1181a et seq.), the Secretary may redesignate public do22 main land located in and west of Range 9 East, Willam23 ette Meridian, Oregon, as land subject to that Act.
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1 (f) TIMETABLE.—The exchange directed by this sec2 tion shall be consummated not later than 2 years after

3 the date of enactment of this Act.

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated such sums as are nec6 essary to carry out this section.

7 TITLE IV—COQUILLE FOREST

8 ECOSYSTEM MANAGEMENT

9 PLAN

10 SECTION 1. SHORT TITLE.

11 This Act may be cited as the ‘‘Oregon Resource Con12 servation Act of 1996’’.

13 TITLE I—OPAL CREEK WILDER14 NESS AND SCENIC RECRE15 ATION AREA

16 SEC. 101. SHORT TITLE.

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

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

19 SEC. 102. DEFINITIONS.

20 In this title:

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

22 term ‘‘Bull of the Woods Wilderness’’ means the land

23 designated as wilderness by section 3(4) of the Oregon

24 Wilderness Act of 1984 (Public Law 98–328; 16

25 U.S.C. 1132 note).
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1 (2) OPAL CREEK WILDERNESS.—The term ‘‘Opal

2 Creek Wilderness’’ means certain land in the Willam3 ette National Forest in the State of Oregon compris4 ing approximately 12,800 acres, as generally depicted

5 on the map entitled ‘‘Proposed Opal Creek Wilderness

6 and Scenic Recreation Area’’, dated June 1996.

7 (3) SCENIC RECREATION AREA.—The term ‘‘Sce8 nic Recreation Area’’ means the Opal Creek Scenic

9 Recreation Area, comprising approximately 13,000

10 acres, established under section 103(a)(3).

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

12 the Secretary of Agriculture.

13 (5) COUNTIES.—The term ‘‘counties’’ means

14 Marion and Clackamas Counties in the State of Or15 egon.

16 SEC. 103. ESTABLISHMENT OF OPAL CREEK WILDERNESS

17 AND SCENIC RECREATION AREA.

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

19 Secretary under subsection (b)—

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

21 map described in section 102(2), is hereby designated

22 as wilderness, subject to the Wilderness Act of 1964,

23 shall become a component of the National Wilderness

24 System, and shall be known as the Opal Creek Wil25 derness;
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1 (2) the part of the Bull of the Woods Wilderness

2 that is located in the Willamette National Forest shall

3 be incorporated into the Opal Creek Wilderness; and

4 (3) the Secretary shall establish the Opal Creek

5 Scenic Recreation Area in the Willamette National

6 Forest in the State of Oregon, comprising approxi7 mately 13,000 acres, as generally depicted on the map

8 entitled ‘‘Proposed Opal Creek Wilderness and Scenic

9 Recreation Area’’, dated June 1996.

10 (b) CONDITIONS.—Subsection (a) shall not take effect

11 unless the Secretary makes a determination, not later than

12 2 years after the date of enactment of this Act, that:

13 (1) the following have been donated to the United

14 States in an acceptable condition and without encum15 brances:

16 (A) All right, title, and interest in the fol17 lowing patented parcels of land:

18 (i) Santiam number 1, mineral survey

19 number 992, as described in patent number

20 39–92–0002, dated December 11, 1991.

21 (ii) Ruth Quartz Mine number 2, min22 eral survey number 994, as described in

23 patent number 39–91–0012, dated February

24 12, 1991.
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1 (iii) Morning Star Lode, mineral sur2 vey number 993, as described in patent

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

4 1991.

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

6 entity other than the Times Mirror Land and

7 Timber Company, its successors and assigns, in

8 and to lands located in section 18, township 8

9 south, range 5 east, Marion County, Oregon, Eu10 reka numbers 6, 7, and 8, and 13 mining claims.

11 (C) A public easement across the Hewitt,

12 Starvation, and Poor Boy Mill Sites, mineral

13 survey number 990, as described in patent num14 ber 36–91–0017, dated May 9, 1991.

15 (2) a binding agreement has been executed by the

16 Secretary and the owners of record as of March 29,

17 1996, of the following parcels, specifying the terms

18 and conditions for the disposition of these parcels to

19 the United States Government:

20 (A) The lode mining claims known as Prin21 cess Lode, Black Prince Lode, and King Number

22 4 Lode, embracing portions of sections 29 and

23 32, township 8 south, range 5 east, Willamette

24 Meridian, Marion County, Oregon, the claims

25 being more particularly described in the field
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1 notes and depicted on the plat of mineral survey

2 number 887, Oregon.

3 (B) Ruth Quartz Mine Number 1, mineral

4 survey number 994, as described in patent num5 ber 39–91–0012, dated February 12, 1991.

6 (c) EXPANSION OF SCENIC RECREATION AREA BOUND7 ARIES.—On acquiring all or substantially all of the land

8 located in section 36, township 8 south, range 4 east, of

9 the Willamette Meridian, Marion County, Oregon, by ex10 change, purchase on a willing seller basis, or donation, the

11 Secretary shall expand the boundary of the Scenic Recre12 ation Area to include the land.

13 SEC. 104. ADMINISTRATION OF THE SCENIC RECREATION

14 AREA.

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

16 Scenic Recreation Area in accordance with the laws (in17 cluding regulations) applicable to the National Forest Sys18 tem.

19 (b) OPAL CREEK MANAGEMENT PLAN.—

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

21 the date of establishment of the Scenic Recreation

22 Area, the Secretary, in consultation with the advisory

23 committee established under section 105(a), shall pre24 pare a comprehensive Opal Creek Management Plan

25 for the Scenic Recreation Area.
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1 (2) INCORPORATION IN LAND AND RESOURCE

2 MANAGEMENT PLAN.—On completion of the Opal

3 Creek Management Plan, the Opal Creek Management

4 Plan shall become part of the land and resource man5 agement plan for the Willamette National Forest and

6 supersede any conflicting provision in the land and

7 resource management plan.

8 (3) REQUIREMENTS.—The Opal Creek Manage9 ment Plan shall provide a broad range of land uses,

10 including—

11 (A) recreation;

12 (B) harvesting of nontraditional forest

13 products, such as gathering mushrooms and ma14 terial to make baskets; and

15 (C) educational and research opportunities.

16 (4) PLAN AMENDMENTS.—The Secretary may

17 amend the Opal Creek Management Plan as the Sec18 retary may determine to be necessary, consistent with

19 the procedures and purposes of this title.

20 (c) CULTURAL AND HISTORIC RESOURCE INVEN21 TORY.—

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

23 the date of establishment of the Scenic Recreation

24 Area, the Secretary shall review and revise the inven25 tory of the cultural and historic resources on the pub-
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1 lic land in the Scenic Recreation Area that were de2 veloped pursuant to the Oregon Wilderness Act of

3 1984 (Public Law 98–328; 98 Stat. 272).

4 (2) INTERPRETATION.—Interpretive activities

5 shall be developed under the management plan in con6 sultation with State and local historic preservation

7 organizations and shall include a balanced and factu8 ally-based interpretation of the cultural, ecological,

9 and industrial history of forestry and mining in the

10 Scenic Recreation Area.

11 (d) TRANSPORTATION PLANNING.—

12 (1) IN GENERAL.—To maintain access to recre13 ation sites and facilities in existence on the date of

14 enactment of this Act, the Secretary shall prepare a

15 transportation plan for the Scenic Recreation Area

16 that evaluates the road network within the Scenic

17 Recreation Area to determine which roads should be

18 retained and which roads closed.

19 (2) ACCESS BY PERSONS WITH DISABILITIES.—

20 The Secretary shall consider the access needs of per21 sons with disabilities in preparing the transportation

22 plan for the Scenic Recreation Area.

23 (3) MOTOR VEHICLES.—

24 (A) IN GENERAL.—Except as provided in

25 subparagraph (B) and in the transportation
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1 plan under paragraph (1), motorized vehicles

2 shall not be permitted in the Scenic Recreation

3 Area.

4 (B) EXCEPTION.—Forest road 2209 beyond

5 the gate to the Scenic Recreation Area, as de6 picted on the map described in section 103(a)(3),

7 may be used by motorized vehicles only for ad8 ministrative purposes and for access to a private

9 inholding, subject to such terms and conditions

10 as the Secretary may determine to be necessary.

11 (4) ROAD IMPROVEMENT.—Any construction or

12 improvement of forest road 2209 beyond the gate to

13 the Scenic Recreation Area shall be only for the pur14 pose of maintaining the character of the road at the

15 time of enactment and may not include paving or

16 widening.

17 (e) HUNTING AND FISHING.—

18 (1) IN GENERAL.—Subject to other Federal and

19 State law, the Secretary shall permit hunting and

20 fishing in the Scenic Recreation Area.

21 (2) LIMITATION.—The Secretary may designate

22 zones in which, and establish periods when, no hunt23 ing or fishing shall be permitted for reasons of public

24 safety, administration, or public use and enjoyment.
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1 (3) CONSULTATION.—Except during an emer2 gency, as determined by the Secretary, the Secretary

3 shall consult with the Oregon State Department of

4 Fish and Wildlife before issuing any regulation under

5 this section.

6 (f) TIMBER CUTTING.—

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

8 Secretary shall prohibit the cutting and/or selling of

9 trees in the Scenic Recreation Area.

10 (2) PERMITTED CUTTING.—

11 (A) IN GENERAL.—Subject to subparagraph

12 (B), the Secretary may allow the cutting of trees

13 in the Scenic Recreation Area only—

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

15 the spread of a forest fire in the Scenic

16 Recreation Area or on land adjacent to the

17 Scenic Recreation Area;

18 (ii) for activities related to adminis19 tration of the Scenic Recreation Area, con20 sistent with the Opal Creek Management

21 Plan; or

22 (iii) for removal of hazard trees along

23 trails and roadways.
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1 (B) SALVAGE SALES.—The Secretary may

2 not allow a salvage sale in the Scenic Recreation

3 Area.

4 (g) WITHDRAWAL.

5 (1) Subject to valid existing rights, all lands in

6 the Scenic Recreation Area are withdrawn from—

7 (A) any form of entry, appropriation, or

8 disposal under the public land laws;

9 (B) location, entry, and patent under the

10 mining laws; and

11 (C) disposition under the mineral and geo12 thermal leasing laws.

13 (h) BORNITE PROJECT.

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

15 interfere with or approve any exploration, mining, or

16 mining-related activity in the Bornite Project Area

17 conducted in accordance with applicable laws. The

18 Bornite Project Area is depicted on the map described

19 in section 103(a)(3).

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

21 interfere with the ability of the Secretary to approve

22 and issue special use permits in connection with ex23 ploration, mining, and mining-related activities in

24 the Bornite Project Area.
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1 (3) Motorized vehicles, roads, structures, and

2 utilities (including but not limited to power lines and

3 water lines) shall be allowed inside the Scenic Recre4 ation Area to serve the activities conducted on land

5 within the Bornite Project.

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

7 patent shall be issued for any mining claim under the

8 general mining laws located within the Bornite

9 Project Area.

10 (i) WATER IMPOUNDMENTS.—Notwithstanding the

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

12 Energy Regulatory Commission may not license the con13 struction of any dam, water conduit, reservoir, powerhouse,

14 transmission line, or other project work in the Scenic Recre15 ation Area, except as may be necessary to comply with (h).

16 (j) RECREATION.—

17 (1) RECOGNITION.—Congress recognizes recre18 ation as an appropriate use of the Scenic Recreation

19 Area.

20 (2) MINIMUM LEVELS.—The management plan

21 shall accommodate recreation at not less than the lev22 els in existence on the date of enactment of this Act.

23 (3) HIGHER LEVELS.—The management plan

24 may provide for levels of recreation use higher than

25 the levels in existence on the date of enactment of this
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1 Act if the levels are consistent with the protection of

2 resource values.

3 (k) PARTICIPATION.—In order that the knowledge, ex4 pertise, and views of all agencies and groups may contrib5 ute affirmatively to the most sensitive present and future

6 use of the Scenic Recreation Area and its various subareas

7 for the benefit of the public:

8 (1) ADVISORY COUNCIL.—The Secretary shall

9 consult on a periodic and regular basis with the advi10 sory council established under section 105 with re11 spect to matters relating to management of the Scenic

12 Recreation Area.

13 (2) PUBLIC PARTICIPATION.—The Secretary shall

14 seek the views of private groups, individuals, and the

15 public concerning the Scenic Recreation Area.

16 (3) OTHER AGENCIES.—The Secretary shall seek

17 the views and assistance of, and cooperate with, any

18 other Federal, State, or local agency with any respon19 sibility for the zoning, planning, or natural resources

20 of the Scenic Recreation Area.

21 (4) NONPROFIT AGENCIES AND ORGANIZA22 TIONS.—The Secretary shall seek the views of any

23 nonprofit agency or organization that may contribute

24 information or expertise about the resources and the

25 management of the Scenic Recreation Area.
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1 SEC. 105. ADVISORY COUNCIL.

2 (a) ESTABLISHMENT.—On the establishment of the

3 Scenic Recreation Area, the Secretary shall establish an ad4 visory council for the Scenic Recreation Area.

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

6 of not more than 13 members, of whom—

7 (1) 1 member shall represent Marion County,

8 Oregon, and shall be designated by the governing body

9 of the county;

10 (2) 1 member shall represent Clackamas County,

11 Oregon and shall be designated by the governing body

12 of the county;

13 (3) 1 member shall represent the State of Oregon

14 and shall be designated by the Governor of Oregon;

15 and

16 (4) 1 member each from the City of Salem and

17 a city within a 25 mile radius of the Opal Creek Sce18 nic Recreation Area.

19 (5) not more than 8 members shall be appointed

20 by the Secretary from among persons who, individ21 ually or through association with a national or local

22 organization, have an interest in the administration

23 of the Scenic Recreation Area, including, but not lim24 ited to, representatives of the timber industry, envi25 ronmental organizations, the mining industry,

26 inholders in the wilderness and scenic recreation area,
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1 and economic development interests and Indian

2 Tribes.

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

4 council shall serve for staggered terms of 3 years.

5 (d) CHAIRMAN.—The Secretary shall designate 1 mem6 ber of the advisory council as chairman.

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

8 the advisory council in the same manner as the original

9 appointment.

10 (f) COMPENSATION.—A member of the advisory council

11 shall not receive any compensation for the member’s service

12 to the advisory council.

13 SEC. 106. GENERAL PROVISIONS.

14 (a) LAND ACQUISITION.—

15 (1) IN GENERAL.—Subject to the other provisions

16 of this subsection, the Secretary may acquire any

17 lands or interests in land in the Scenic Recreation

18 Area or the Opal Creek Wilderness that the Secretary

19 determines are needed to carry out this title.

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

21 land owned by a State or a political subdivision of

22 a State may be acquired only by donation or ex23 change.

24 (3) CONDEMNATION.—Subject to paragraph (4),

25 the Secretary may not acquire any privately owned
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1 land or interest in land without the consent of the

2 owner unless the Secretary finds that—

3 (A) the nature of land use has changed sig4 nificantly, or the landowner has demonstrated

5 intent to change the land use significantly, from

6 the use that existed on the date of the enactment

7 of this Act; and

8 (B) acquisition by the Secretary of the land

9 or interest in land is essential to ensure use of

10 the land or interest in land in accordance with

11 the management plan prepared under section

12 104(b).

13 (b) ENVIRONMENTAL RESPONSE ACTIONS AND COST

14 RECOVERY.—

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

16 shall limit the authority of the Secretary or a respon17 sible party to conduct an environmental response ac18 tion in the Scenic Recreation Area in connection with

19 the release, threatened release, or cleanup of a hazard20 ous substance, pollutant, or contaminant, including a

21 response action conducted under the Comprehensive

22 Environmental Response, Compensation, and Liabil23 ity Act of 1980 (42 U.S.C. 9601 et seq.).

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

25 the authority of the Secretary or a responsible party
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1 to recover costs related to the release, threatened re2 lease, or cleanup of any hazardous substance or pol3 lutant or contaminant in the Scenic Recreation Area.

4 (c) MAPS AND DESCRIPTION.—

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

6 the date of enactment of this Act, the Secretary shall

7 file a map and a boundary description for the Opal

8 Creek Wilderness and for the Scenic Recreation Area

9 with the Committee on Resources of the House of Rep10 resentatives and the Committee on Energy and Natu11 ral Resources of the Senate.

12 (2) FORCE AND EFFECT.—The boundary descrip13 tion and map shall have the same force and effect as

14 if the description and map were included in this title,

15 except that the Secretary may correct clerical and ty16 pographical errors in the boundary description and

17 map.

18 (3) AVAILABILITY.—The map and boundary de19 scription shall be on file and available for public in20 spection in the Office of the Chief of the Forest Serv21 ice, Department of Agriculture.

22 (d) Nothing in this title shall interfere with any activ23 ity for which a special use permit has been issued and not

24 revoked before the date of enactment of this title, subject to

25 the terms of the permit.
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1 SEC. 107. ROSBORO LAND EXCHANGE.

2 (a) AUTHORIZATION.—Notwithstanding any other

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

4 section as ‘‘Rosboro’’) offers and conveys title to the United

5 States acceptable to the Secretary of Agriculture to the land

6 described in subsection (b), all right, title and interest held

7 by the United States to sufficient lands described in sub8 section (c) of equivalent equal value are conveyed by oper9 ation of law to Rosboro.

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

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

12 Rosboro is the land described as follows: Section 36, town13 ship 8 south, range 4 east, Willamette Meridian.

14 (c) LAND TO BE CONVEYED BY THE UNITED

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

16 to be conveyed by the United States is the land described

17 as follows:

18 (1) Section 2, township 17 south, range 4 east,

19 lot 3 (29.28 acres).

20 (2) Section 2, township 17 south, range 4 east,

NW1⁄4, SE1 21 ⁄4 (40 acres).

22 (3) Section 13, township 17 south, range 4 east,

S1⁄2, SE1 23 ⁄4 (80 acres).

24 (4) Section 2, township 17 south, range 4 east,

SW1⁄4, SW1 25 ⁄4 (40 acres).
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1 (5) Section 8, township 17 south, range 4 east,

SE1⁄4, SW1 2 ⁄4 (40 acres).

3 (6) Section 5, township 17 south, range 4 east,

4 lot 7 (37.63 acres).

5 (7) Section 11, township 17 south, range 4 east,

W1⁄2, NW1 6 ⁄4 (80 acres).

7 (d) The values of lands to be exchanged pursuant to

8 this subsection shall be equal as determined by the Secretary

9 of Agriculture, or if they are not equal, shall be equalized

10 by additional lands or by the payment of money to Rosboro

11 or to the Secretary subject to the 25 per centum cash equali12 zation limitation of section 206 of the Federal Land Policy

13 and Management Act of 1976, as amended (43 U.S.C.

14 1716).

15 (e) TIMETABLE.—The authority provided by this sec16 tion shall lapse if Rosboro fails to offer the land described

17 in subsection (b) within two years after the date of enact18 ment of this Act. If Rosboro does offer the land described

19 in subsection (b) within such two-year period, the Secretary

20 shall within 180 days convey the land described in sub21 section (c) to Rosboro.

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

23 authorized to be appropriated such sums as are necessary

24 to carry out this section.
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1 SEC. 108. 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 follow5 ing:

6 ‘‘( )(A) ELKHORN CREEK.—Elkhorn Creek

7 from its source to its confluence on Federal land to

8 be administered by agencies of the Departments of the

9 Interior and Agriculture as agreed on by the Sec10 retary of the Interior and the Secretary of Agriculture

11 or as directed by the President. Notwithstanding sub12 section 3(b), the lateral boundaries of the Elkhorn

13 River shall include an average of not more than 640

14 acres per mile measured from the ordinary high water

15 mark on both sides of the river.

16 ‘‘(B) The 6.4-mile segment traversing federally

17 administered lands from that point along the Willam18 ette National Forest boundary on the common section

19 line between sections 12 and 13, township 9 south,

20 range 4 east, Willamette Meridian, to that point

21 where it leaves Federal ownership along the Bureau

22 of Land Management boundary in section 1, township

23 9 south, range 3 east, Willamette Meridian, in the fol24 lowing classes:

25 ‘‘(i) a 5.8-mile wild river area, extended

26 from that point along the Willamette National
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1 Forest boundary on the common section line be2 tween sections 12 and 13, township 9 south,

3 range 4 east, Willamette Meridian, to be admin4 istered as agreed on by the Secretaries of Agri5 culture and the Interior, or as directed by the

6 President; and

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

8 from the confluence with Buck Creek in section

9 1, township 9 south, range 3 east, Willamette

10 Meridian, to that point where it leaves Federal

11 ownership along the Bureau of Land Manage12 ment boundary in section 1, township 9 south,

13 range 3 east, Willamette Meridian, to be admin14 istered by the Secretary of the Interior, or as di15 rected by the President.

16 ‘‘(C) Notwithstanding section 3(b) of this Act,

17 the lateral boundaries of both the wild river area and

18 the scenic river area along Elkhorn Creek shall in19 clude an average of not more than 640 acres per mile

20 measured from the ordinary high water mark on both

21 sides of the river.’’.

22 SEC. 109. ECONOMIC DEVELOPMENT.

23 (a) ECONOMIC DEVELOPMENT PLAN.—As a condition

24 for receiving funding under subsection (b) of this section,

25 the State of Oregon, in consultation with the counties and
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1 the Secretary of Agriculture, shall develop a plan for eco2 nomic development projects for which grants under this sec3 tion may be used in a manner consistent with this Act and

4 to benefit local communities in the vicinity of the Opal

5 Creek Area. Such plan shall be based on a formal economic

6 opportunity study and other appropriate information.

7 (b) FUNDS PROVIDED TO THE STATES FOR GRANTS.—

8 Upon certification of the management plan, and receipt of

9 a plan referred to in subsection (a) of this section, the Sec10 retary shall provide $15,000,000, subject to appropriations,

11 to the State of Oregon which shall be used to make grants

12 and loans for economic development projects that further

13 the purposes of this Act and benefit the local communities

14 in the vicinity of the Opal Creek Area.

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

16 (1) prepare and provide the Secretary and Con17 gress with an annual report to the Secretary and

18 Congress on the use of the funds made available under

19 this section;

20 (2) make available to the Secretary and to Con21 gress, upon request, all accounts, financial records,

22 and other information related to grants and loans

23 made available pursuant to this section; and
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1 (3) as loans are repaid, make additional grants

2 and loans with the money made available for obliga3 tion by such repayments.

4 TITLE II—UPPER KLAMATH

5 BASIN

6 SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORA7 TION PROJECTS.

8 (a) DEFINITIONS.—In this section:

9 (1) ECOSYSTEM RESTORATION OFFICE.—The

10 term ‘‘Ecosystem Restoration Office’’ means the

11 Klamath Basin Ecosystem Restoration Office oper12 ated cooperatively by the United States Fish and

13 Wildlife Service, Bureau of Reclamation, Bureau of

14 Land Management, and Forest Service.

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

16 Group’’ means the Upper Klamath Basin Working

17 Group, established before the date of enactment of this

18 Act, consisting of members nominated by their rep19 resented groups, including:

20 (A) 3 tribal members;

21 (B) 1 representative of the city of Klamath

22 Falls, Oregon;

23 (C) 1 representative of Klamath County,

24 Oregon;
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1 (D) 1 representative of institutions of higher

2 education in the Upper Klamath Basin;

3 (E) 4 representatives of the environmental

4 community, including at least one such rep5 resentative from the State of California with in6 terests in the Upper Klamath Basin Wildlife

7 Refuges;

8 (F) 4 representatives of local businesses and

9 industries, including at least one representative

10 of the ocean commercial fishing industry and/or

11 recreational fishing industry based in either Or12 egon or California;

13 (G) 4 representatives of the ranching and

14 farming community, including representatives of

15 Federal lease-land farmers and ranchers and of

16 private land farmers and ranchers in the Upper

17 Klamath Basin;

18 (H) 2 representatives from State of Oregon

19 agencies with authority and responsibility in the

20 Klamath River Basin, including one from the

21 Oregon Department of Fish and Wildlife and one

22 from the Oregon Water Resources Department;

23 (I) 4 representatives from the local commu24 nity; and
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1 (J) 1 representative each from the following

2 Federal resource management agencies in the

3 Upper Klamath Basin: Fish and Wildlife Serv4 ice, Bureau of Reclamation, Bureau of Land

5 Management, Bureau of Indian Affairs, Forest

6 Service, Natural Resources Conservation Service,

7 and Ecosystem Restoration Office.

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 Force

12 as established by the Klamath River Basin Fishery

13 Resource Restoration Act (Public Law 99–552, 16

14 U.S.C. 460ss–3, et seq.).

15 (5) COMPACT COMMISSION.—The term ‘‘Compact

16 Commission’’ means the Klamath River Basin Com17 pact Commission created pursuant to the Klamath

18 River Compact Act of 1954.

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

20 unanimous agreement by the Working Group mem21 bers present at a regularly scheduled business meet22 ing.

23 (b) IN GENERAL.—

24 (1) The working Group through the Ecosystem

25 Restoration Office, with technical assistance from the
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1 Secretary, will propose ecological restoration projects,

2 economic development and stability projects, and

3 projects designed to reduce the impacts of drought

4 conditions to be undertaken in the Upper Klamath

5 Basin based on a consensus of the Working Group

6 membership.

7 (2) The Secretary shall pay, to the greatest ex8 tent feasible, up to 50 percent of the cost of perform9 ing any project approved by the Secretary or his des10 ignee, up to a total amount of $1,000,000 during each

11 of fiscal years 1997 through 2001.

12 (3) Funds made available under this title

13 through the Department of the Interior or the Depart14 ment of Agriculture shall be distributed through the

15 Ecosystem Restoration Office.

16 (4) The Ecosystem Restoration Office may utilize

17 not more than 15 percent of all Federal funds admin18 istered under this section for administrative costs re19 lating to the implementation of this title.

20 (5) All funding recommendations developed by

21 the Working Group shall be based on a consensus of

22 Working Group members.

23 (c) COORDINATION.—

24 (1) The Secretary shall formulate a cooperative agree25 ment between the Working Group, the Task Force, and the
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1 Compact Commission for the purposes of ensuring that

2 projects proposed and funded through the Working Group

3 are consistent with other basin-wide fish and wildlife res4 toration and conservation plans, including but not limited

5 to plans developed by the Task Force and the Compact Com6 mission.

7 (2) To the greatest extent practicable, the Working

8 Group shall provide notice to, and accept input from, two

9 members each of the Task Force and the Compact Commis10 sion, so appointed by those entities, for the express purpose

11 of facilitating better communication and coordination re12 garding additional basin-wide fish and wildlife and eco13 system restoration and planning efforts.

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

15 conduct all meetings consistent with Federal open meeting

16 and public participation laws. The chartering requirements

17 of 5 U.S.C. App 2 §§ 1–15 are hereby deemed to have been

18 met by this section;

19 (e) TERMS AND VACANCIES.—Working Group members

20 shall serve for three year terms, beginning on the date of

21 enactment of this Act. Vacancies which occur for any reason

22 after the date of enactment of this Act shall be filled by

23 direct appointment of the Governor of the State of Oregon,

24 in consultation with the Secretary of Interior and the Sec25 retary of Agriculture, in accordance with nominations from
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1 the appropriate groups, interests, and government agencies

2 outlined in section (a)(2).

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated to carry out this section

5 $1,000,000 for each of fiscal years 1997 through 2002.

6 TITLE III—DESCHUTES BASIN

7 SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION

8 PROJECTS.

9 (a) DEFINITIONS.—In this section:

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

11 Group’’ means the Deschutes River Basin Working

12 Group established before the date of enactment of this

13 Act, consisting of members nominated by their rep14 resented groups, including:

15 (A) 5 representatives of private interests in16 cluding one each from hydroelectric production,

17 livestock grazing, timber, land development, and

18 recreation/tourism;

19 (B) 4 representatives of private interests in20 cluding two each from irrigated agriculture and

21 the environmental community;

22 (C) 2 representatives from the Confederated

23 Tribes of the Warm Springs Reservation of Or24 egon;
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1 (D) 2 representatives from Federal Agencies

2 with authority and responsibility in the

3 Deschutes River Basin, including one from the

4 Interior Department and one from the Agri5 culture Department;

6 (E) 2 representatives from the State of Or7 egon agencies with authority and responsibility

8 in the Deschutes River Basin, including one

9 from the Oregon Department of Fish and Wild10 life and one from the Oregon Water Resources

11 Department; and

12 (F) 4 representatives from Deschutes River

13 Basin county and/or city governments, which

14 may include representatives from Deschutes,

15 Crook, Jefferson, and Wasco/Sherman counties.

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

17 the Secretary of the Interior.

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

19 Agencies’’ means agencies and departments of the

20 United States, including, but not limited to, the Bu21 reau of Reclamation, Bureau of Indian Affairs, Bu22 reau of Land Management, Fish and Wildlife Service,

23 Forest Service, Natural Resources Conservation Serv24 ice, Farm Services Agency, the National Marine Fish-
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1 eries Service, and the Bonneville Power Administra2 tion.

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

4 unanimous agreement by the Working Group mem5 bers present at a regularly scheduled business meet6 ing.

7 (b) IN GENERAL.—

8 (1) The Working Group will propose ecological

9 restoration projects on both Federal and non-federal

10 lands and waters to be undertaken in the Deschutes

11 River Basin based on a consensus of the Working

12 Group, provided that such projects, when involving

13 Federal land or funds, shall be proposed to the Bu14 reau of Reclamation in the Department of the Inte15 rior and any other Federal agency with affected land

16 or funds.

17 (2) The Working Group will accept donations,

18 grants or other funds and place the amount of such

19 funds received into a trust fund, to be expended on the

20 performance of ecological restoration projects which,

21 when involving federal land or funds, are approved

22 by the affected Federal Agency.

23 (3) The Bureau of Reclamation shall pay, to the

24 greatest extent feasible, from funds authorized under

25 subsection (g) of this Act up to 50 percent of the cost
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1 of performing any project proposed by the Working

2 Group and approved by the Secretary, up to a total

3 amount of $1,000,000 during each of the fiscal years

4 1997 through 2001.

5 (4) Non-Federal contributions to project costs for

6 purposes of computing the Federal matching share

7 under paragraph (3) of this subsection may include

8 in-kind contributions.

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

10 section shall be maintained in and distributed by the

11 Bureau of Reclamation in the Department of the In12 terior. The Bureau of Reclamation shall not expend

13 more than 5 percent of amounts appropriated pursu14 ant to subsection (g) for Federal administration of

15 such appropriations pursuant to this Act.

16 (6) The Bureau of Reclamation is authorized to

17 provide by grant to the Working Group not more than

18 5 percent of funds appropriated pursuant to sub19 section (g) of this section for not more than 50 per20 cent of administrative costs relating to the implemen21 tation of this title; and

22 (7) The Federal Agencies with authority and re23 sponsibility in the Deschutes River Basin shall pro24 vide technical assistance to the Working Group and
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1 shall designate representatives to serve as members of

2 the Working Group.

3 (8) All funding recommendations developed by

4 the Working Group shall be based on a consensus of

5 the Working Group members.

6 (c) PUBLIC NOTICE AND PARTICIPATION.—The Work7 ing Group shall give reasonable public notice of all meetings

8 of the Working Group and allow public attendance at the

9 meetings. The activities of the Working Group and the Fed10 eral Agencies pursuant to the provisions of this Act are ex11 empt from the provisions of 5 U.S.C. App 2 §§ 1–15.

12 (d) PRIORITIES.—The Working Group shall give pri13 ority to voluntary market-based economic incentives for eco14 system restoration including, but not limited to, water

15 leases and purchases; land leases and purchases; tradable

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

17 land development rights to implement plans, programs,

18 measures, and projects.

19 (e) TERMS AND VACANCIES.—Members of the Working

20 Group representing governmental agencies or entities shall

21 be named by the represented government. Members of the

22 Working Group representing private interests shall be

23 named in accordance with the Articles of Incorporation and

24 Bylaws of the Working Group. Representatives from Fed25 eral Agencies will serve for terms of 3 years. Vacancies
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1 which occur for any reason after the date of enactment shall

2 be filled in accordance with this section.

3 (f) ADDITIONAL PROJECTS.—Where existing authority

4 and appropriations permit, Federal Agencies may contrib5 ute to the implementation of projects recommended by the

6 Working Group and approved by the Secretary.

7 (g) AUTHORIZATION OF APPROPRIATIONS.—There are

8 authorized to be appropriated to carry out this sections

9 $1,000,000 for each of fiscal years 1997 through 2001.

10 TITLE IV—MOUNT HOOD

11 CORRIDOR

12 SEC. 401. LAND EXCHANGE.

13 (a) AUTHORIZATION.—Notwithstanding any other

14 law, if Longview Fibre Company (referred to in this section

15 as ‘‘Longview’’) offers and conveys title that is acceptable

16 to the United States to some or all of the land described

17 in subsection (b), the Secretary of the Interior (referred to

18 in this section as the ‘‘Secretary’’) shall convey to Longview

19 title to some or all of the land described in subsection (c),

20 as necessary to satisfy the requirements of subsection (d).

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

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

23 Longview is the land described as follows:

(1) T. 2 S., R. 6 E., sec. 13—E1⁄2SW1 24 ⁄4,

W1⁄2SE1 25 ⁄4, containing 160 record acres, more or less;
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1 (2) T. 2 S., R. 6 E., sec. 14—All, containing 640

2 record acres, more or less;

(3) T. 2 S., R. 6 E., sec. 16—N1⁄2, SW1 3 ⁄4,

N1⁄2SE1⁄4, SW1⁄4SE1 4 ⁄4, containing 600 record acres,

5 more or less;

(4) T. 2 S., R. 6 E., sec. 26—NW1⁄4, N1⁄2SW1 6 ⁄4,

SW1⁄4SW1⁄4, NW1⁄4SE1 7 ⁄4; (and a strip of land to be

8 used for right-of-way purposes in sec. 23), containing

9 320 record acres, more or less;

(5) T. 2 S., R. 6 E., sec. 27—S1⁄2NE1⁄4NE1 10 ⁄4,

NW1⁄4NE1⁄4, SE1⁄4NE1⁄4, NW1⁄4NW1 11 ⁄4, containing 140

12 record acres, more or less;

(6) T. 2 S., R. 6 E., sec. 28—N1 13 ⁄2, Except a

14 tract of land 100 feet square bordering and lying west

15 of Wild Cat Creek and bordering on the north line of

16 sec. 28, described as follows: Beginning at a point on

17 the west bank of Wild Cat Creek and the north bound18 ary of sec. 28, running thence W. 100 feet, thence S.

19 100 feet parallel with the wet bank of Wild Cat Creek,

20 thence E. to the west bank of Wild Cat Creek, thence

21 N. along said bank of Wild Cat Creek to the point of

22 beginning, also excepting that portion of the

NW1⁄4NW1 23 ⁄4 lying east of Wildcat Creek, containing

24 319.77 record acres, more or less;
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(7) T. 2 S., R. 7 E., sec. 19—E1⁄2SW1 1 ⁄4,

SW1⁄4SE1 2 ⁄4, Except a tract of land described in deed

3 recorded on August 6, 1991, as Recorder’s Fee No.

4 91–39007, and except the portion lying within public

5 roads, containing 117.50 record acres, more or less;

(8) T. 2 S., R. 7 E., sec. 20—S1⁄2SW1⁄4SW1 6 ⁄4,

7 containing 20 record acres, more or less;

(9) T. 2 S., R. 7 E., sec. 27—W1⁄2SW1 8 ⁄4, con9 taining 80 record acres, more or less;

(10) T. 2 S., R. 7 E., sec. 28—S1 10 ⁄2, containing

11 320 record acres, more or less;

(11) T. 2 S., R. 7 E., sec. 29—SW1⁄4NE1 12 ⁄4,

W1⁄2SE1⁄4NE1⁄4, NW1⁄4, SE1 13 ⁄4, containing 380 record

14 acres, more or less;

(12) T. 2 S., R. 7 E., sec. 30—E1⁄2NE1 15 ⁄4,

NW1⁄4NE1 16 ⁄4, Except the portion lying within Timber17 line Rim Division 4, and except the portion lying

18 within the county road, containing 115 record acres,

19 more or less;

(13) T. 2 S., R. 7 E., sec. 33—N1⁄2NE1 20 ⁄4,

E1⁄2NW1⁄4NW1⁄4, NE1⁄4SW1⁄4NW1 21 ⁄4, containing 110

22 record acres, more or less;

(14) T. 3 S., R. 5 E., sec. 13—NE1⁄4SE1 23 ⁄4, con24 taining 40 record acres, more or less;
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1 (15) T. 3 S., R. 5 E., sec. 26—The portion of the

E1⁄2NE1 2 ⁄4 lying southerly of Eagle Creek and north3 easterly of South Fork Eagle Creek, containing 14

4 record acres, more or less;

5 (16) T. 3 S., R. 5 E., sec. 25—The portion of the

N1⁄2SW1 6 ⁄4 lying northeasterly of South Fork Eagle

7 Creek, containing 36 record acres, more or less; and

(17) T. 6 S., R. 2 E., sec. 4—SW1 8 ⁄4, containing

9 160.00 record acres, more or less.

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

11 The land referred to in subsection (a) as the land to be con12 veyed by the Secretary is the land described as follows:

(1) T. 1 S., R. 5 E., sec. 9—SE1⁄4NE1 13 ⁄4,

SE1⁄4SE1 14 ⁄4, containing 80 record acres, more or less;

(2) T. 2 S., R. 5 E., sec. 33—NE1⁄4NE1 15 ⁄4, con16 taining 40 record acres, more or less.

(3) T. 21 17 ⁄2 S., R. 6 E., sec. 31—Lots 1–4, incl.

18 containing 50.65 record acres, more or less;

(4) T. 21 19 ⁄2 S., R. 6 E., sec. 32—Lots 1–4, incl.

20 containing 60.25 record acres, more or less;

(5) T. 3 S., R. 5 E., sec. 1—NE1⁄4SW1⁄4, SE1 21 ⁄4,

22 containing 200 record acres, more or less;

(6) T. 3 S., R. 5 E., sec. 9—S1⁄2SE1 23 ⁄4, contain24 ing 80 record acres, more or less;
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(7) T. 3 S., R. 5 E., sec. 17—N1⁄2NE1 1 ⁄4, contain2 ing 80 record acres, more or less;

(8) T. 3 S., R. 5 E., sec. 23—W1⁄2NW1 3 ⁄4,

NW1⁄4SW1 4 ⁄4, containing 120 record acres, more or

5 less;

6 (9) T. 3 S., R. 5 E., sec. 25—The portion of the

S1⁄2S1⁄2, SW1⁄4NW1 7 ⁄4 lying southwesterly of South

8 Fork Eagle Creek, containing 125 record acres, more

9 or less;

10 (10) T. 3 S., R. 5 E., sec. 31—Unnumbered lot

(SW1⁄4SW1 11 ⁄4), containing 40.33 record acres, more or

12 less;

(11) T. 7 S., R. 1 E., sec. 23—SE1⁄4SE1 13 ⁄4, con14 taining 40 record acres, more or less;

(12) T. 10 S., R. 2 E., sec. 34—SW1⁄4SW1 15 ⁄4, con16 taining 40 record acres, more or less;

(13) T. 10 S., R. 4 E., sec. 9—NW1⁄4NW1 17 ⁄4, con18 taining 40 record acres, more or less;

(14) T. 4 N., R. 3 W., sec. 35—W1⁄2SW1 19 ⁄4, con20 taining 80 record acres, more or less;

(15) T. 3 N., R. 3 W., sec. 7—E1⁄2NE1 21 ⁄4, con22 taining 80 record acres, more or less;

(16) T. 3 N., R. 3 W., sec. 9—SE1⁄4NW1 23 ⁄4, con24 taining 40 record acres, more or less;
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(17) T. 3 N., R. 3 W., sec. 17—S1⁄2NE1 1 ⁄4, con2 taining 80 record acres, more or less;

(18) T. 3 N., R. 2 W., sec. 3—SW1⁄4NW1 3 ⁄4, con4 taining 40 record acres, more or less;

(19) T. 2 N., R. 2 W., sec. 3—SE1⁄4SE1 5 ⁄4, con6 taining 40 record acres, more or less; and

(20) T. 1 S., R. 4 W., sec. 15—SW1⁄4NE1 7 ⁄4,

S1⁄2NW1 8 ⁄4, containing 120 record acres, more or less.

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

10 exchanged under this section—

11 (1) shall be of equal market value; or

12 (2) shall be equalized using nationally recognized

13 appraisal standards, including, to the extent appro14 priate, the Uniform Standards for Federal Land Ac15 quisition, the Uniform Standards of Professional Ap16 praisal Practice, the provisions of section 206(d) of

17 the Federal Land Policy and Management Act of

18 1976 (43 U.S.C. 1716(d)), and other applicable law.

19 (e) REDESIGNATION OF LAND TO MAINTAIN REVENUE

20 FLOW.—So as to maintain the current flow of revenue from

21 land subject to the Act entitled ‘‘An Act relating to the re22 vested Oregon and California Railroad and reconveyed Coos

23 Bay Wagon Road grant land situated in the State of Or24 egon’’, approved August 28, 1937 (43 U.S.C. 1181a et seq.),

25 the Secretary may redesignate public domain land located
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1 in and west of range 9 east, Willamette Meridian, Oregon,

2 as land subject to that Act.

3 (f) TIMETABLE.—The exchange directed by this section

4 shall be consummated not later than 1 year after the date

5 of enactment of this Act.

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 Oregon State Highway 26 (referred to in

11 this section as the ‘‘Mt. Hood Corridor’’), shall be managed

12 primarily for the protection of important scenic values.

13 Management prescriptions for other resource values associ14 ated with these lands shall be planned and conducted for

15 purposes other than timber harvest, so as not to impair sce16 nic quality.

17 (h) TIMBER HARVEST.—Timber harvest may be con18 ducted in the Mt. Hood Corridor after the occurrence of a

19 resource-damaging catastrophic event. Such harvest, and

20 any additional timber harvest, may only be conducted to

21 achieve the following resource management objectives, in

22 compliance with the current land use plans—

23 (1) to maintain safe conditions for the visiting

24 public;

25 (2) to control the continued spread of forest fire;
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1 (3) for activities related to administration of the

2 Mt. Hood corridor; or

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

4 roadways.

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

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

7 14, shall remain gated and locked to protect resources and

8 prevent illegal dumping and vandalism in the Mt. Hood

9 Corridor. Access to this road shall be limited to—

10 (1) Federal and State officers and employees act11 ing in an official capacity;

12 (2) employees and contractors conducting au13 thorized activities associated with the telecommuni14 cation sites located in T. 2 S., R. 6 E., sec. 14; and

15 (3) the general public for recreational purposes,

16 except that all motorized vehicles will be prohibited.

17 (j) NEPA EXEMPTION.—Notwithstanding any other

18 provision of law, the National Environmental Policy Act

19 of 1969 (Public Law 91–190) shall not apply to this section.

20 (k) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated such sums as are necessary

22 to carry out this section.
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1 TITLE V—COQUILLE TRIBAL

2 FOREST

3 SEC. 501. CREATION OF THE COQUILLE FOREST.

4 (a) The Coquille Restoration Act (Public Law 101–42)

5 is amended by inserting at the end of section 5 the follow6 ing:

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

8 ‘‘(1) Within 90 days of the enactment of this

9 title, the Secretary of Interior is authorized to and

10 shall, in accordance with this title and in consulta11 tion with the Coquille Tribe of Coos County, Oregon,

12 designate approximately five thousand acres of forest

13 lands in Coos County, Oregon, to which the United

14 States holds title, located in the historic territory of

15 the Coquille Indian people, as the Coquille Forest.

16 ‘‘(2) A map showing the Federal portions of

17 these sections designated as the Coquille Forest, and

18 such additional legal descriptions which are applica19 ble, shall within 180 days of the date of enactment of

20 this title, be prepared by the Secretary in consulta21 tion with the Tribe and placed on file at the local

22 District Office of the Bureau of Land Management,

23 the Agency Office of the Bureau of Indian Affairs,

24 and with the Senate Committee on Energy and Natu25 ral Resources and the House Committee on Resources.
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1 ‘‘(3) Two years from the date of enactment of

2 this subsection, the Secretary shall transfer lands des3 ignated under subsection (d)(1), to the Bureau of In4 dian Affairs, to be held in trust, in perpetuity, for the

5 Coquille Tribe. As Indian trust forest lands, the Sec6 retary of Interior, acting through the Assistant Sec7 retary for Indian Affairs shall manage these lands

8 under applicable forestry laws and in a manner con9 sistent with the standards and guidelines of Federal

10 forest plans on adjacent lands. The Secretary and the

11 Tribe may authorize management of the Coquille For12 est consistent with the Coquille Forest management

13 strategy developed by the Independent Scientific Advi14 sory Team and set forth in the report entitled, ‘‘A

15 Forest Management Strategy for the Proposed

16 Coquille Forest’’ dated August 31, 1995 and including

17 the December 20, 1995 Addendum.

18 ‘‘(4) From the date of enactment of this title

19 until two years after the date of enactment of this

20 title, the Bureau of Land Management shall:

21 ‘‘(A) retain Federal jurisdiction for the

22 management of lands designated under this title

23 as the Coquille Forest; and

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

25 awarding any timber sale contract on lands des-
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1 ignated under this title as the Coquille Forest,

2 obtain the approval the Bureau of Indian Af3 fairs, which shall act on behalf of and in con4 sultation with the Coquille Tribe.

5 ‘‘(5) After completion of the transfer to the Bu6 reau of Indian Affairs, required in this subsection, the

7 Secretary may, pursuant to the Indian Self-Deter8 mination Act (25 U.S.C. 450 et seq.), enter into an

9 Indian self-determination agreement with the Coquille

10 Indian Tribe. Such agreement shall provide for the

11 Tribe to carry out all or a portion of the forest man12 agement program for the Coquille Forest. Prior to en13 tering such an agreement, and as a condition of

14 maintaining such an agreement, the Secretary must

15 find that the Coquille Tribe has entered into a Memo16 randum of Agreement (MOA) with the State of Or17 egon, as required under subsection (8) this title.

18 ‘‘(6) The Land designated under this title shall

19 be subject to valid existing rights, including all valid

20 liens, rights-of-way, licenses, leases, permits, and ease21 ments existing on date of the enactment of this title.

22 These lands will remain open to public access for pur23 poses of hunting, fishing, recreation and transpor24 tation, except when closure is required by state or

25 Federal law.
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1 ‘‘(7) Unprocessed logs harvested from the

2 Coquille Forest shall be subject to the same Federal

3 statutory restrictions on export to foreign Nations

4 that apply to unprocessed logs harvested from federal

5 lands.

6 ‘‘(8) All sales of timber from land subject to this

7 title shall be advertised, offered and awarded in ac8 cordance with the public bidding and contracting

9 laws and procedures applicable to the Bureau of

10 Land Management.

11 ‘‘(9) The Coquille Tribe shall enter into a Memo12 randum of Agreement (MOA) with the State of Or13 egon relating to the establishment and management of

14 the Coquille Forest. The MOA shall include, but not

15 be limited to, the terms and conditions for preserving

16 public access, continuing public rights, advancing

17 jointly-held resource management goals, achieving

18 Tribal restoration objectives and establishing a co19 ordinated management framework. Further, provi20 sions set forth in the MOA shall be consistent with

21 Federal trust responsibility requirements applicable

22 to Indian trust lands. The United States District

23 Court for the District of Oregon shall have jurisdic24 tion over actions arising out of claims of breach of the

25 MOA.
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1 ‘‘(10) So as to maintain the current flow of reve2 nue from land subject to the Act entitled ‘‘An Act re3 lating to the revested Oregon and California Railroad

4 and reconveyed Coos Bay Wagon Road grant land

5 situated in the State of Oregon’’, approved August 28,

6 1937 (43 U.S.C. 1181a et seq.), the Secretary shall re7 designate public domain land located in the Coquille

8 Tribe’s service area, as defined in the Coquille Tribal

9 Restoration Act of 1989 (Public Law 101–42), as

10 land subject to that Act. In no event shall payments

11 due to Coos County, Oregon, under that Act be dimin12 ished as a result of the land designations required

13 pursuant to this title.

14 ‘‘(11) Within two years of the date of enactment

15 of this subsection, the Secretary shall complete a for16 mal scientific peer review of the management strategy

17 developed by the Independent Scientific Advisory

18 Team and set forth in the report entitled, ‘‘A Forest

19 Management Strategy for the Proposed Coquille For20 est’’ dated August 31, 1995 and including the Decem21 ber 20, 1995 Addendum.’’.
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1 TITLE VI—BULL RUN

2 WATERSHED PROTECTION

3 SEC. 601. Section 2(a) of Public Law 95–200 is

4 amended on line 7 by striking ‘‘2(b)’’ and inserting in lieu

5 thereof ‘‘2(c)’’.

6 SEC. 602. Public Law 95–200 is amended by adding

7 a new subsection 2(b) immediately after subsection 2(a), as

8 follows:

9 ‘‘(b) TIMBER CUTTING.—

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

11 Secretary of Agriculture shall prohibit the cutting of

12 trees in that part of the unit consisting of the hydro13 graphic boundary of the Bull Run River Drainage

14 and as depicted in a map dated June 1996 and enti15 tled ‘‘Bull Run River Drainage’’.

16 ‘‘(2) PERMITTED CUTTING.—

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), the Secretary of Agriculture shall

19 prohibit the cutting of trees in the area described

20 in subparagraph (1).

21 ‘‘(B) PERMITTED CUTTING.—Subject to sub22 paragraph (B), the Secretary may allow the cut23 ting of trees in the area described in subpara24 graph (1)—
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1 ‘‘(i) for the protection or enhancement

2 of water quality in the area described in

3 subparagraph (1); or

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

5 or maintenance of water quantity available

6 from the area described in subparagraph

7 (1); or

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

9 protection or maintenance of municipal

10 water supply facilities; or

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

12 protection or maintenance of facilities for

13 the transmission of energy through and over

14 the unit or previously authorized hydro15 electric facilities or hydroelectric projects

16 associated with municipal water supply fa17 cilities.

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

19 Agriculture may not authorize a salvage sale in

20 the area described in subparagraph (1).’’.

21 SEC. 603. Section 2(b) of Public Law 95–200 is

22 amended by inserting in the first line after (a) ‘‘and (b)’’.

23 SEC. 604. Section 2(b) of Public Law 95–200 is redes24 ignated as ‘‘2(c)’’.
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1 SEC. 605. Redesignate the following subsections accord2 ingly.

3 TITLE VII—OREGON ISLANDS

4 WILDERNESS, ADDITIONS

5 SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.

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

7 Act of 1964, certain lands within the boundaries of the Or8 egon Islands National Wildlife Refuge, Oregon, comprising

9 approximately ninety-five acres and as generally depicted

10 on a map entitled ‘‘Oregon Island Wilderness Additions—

11 Proposed’’ dated June, 1996, are hereby designated as wil12 derness. The map shall be on file and available for public

13 inspection in the offices of the Fish and Wildlife Service,

14 Department of the Interior.

15 (b) All other federally-owned named, unnamed, sur16 veyed and unsurveyed rocks, reefs, islets and islands lying

17 within three geographic miles off the coast of Oregon and

18 above mean high tide, not currently designated as wilder19 ness and also within the Oregon Islands National Wildlife

20 Refuge boundaries under the administration of the United

21 States Fish and Wildlife Service, Department of the Inte22 rior, as designated by Executive Order 7035, Proclamation

23 2416, Public Land Orders 4395, 4475 and 6287, and Public

24 Laws 91–504 and 95–450, are hereby designated as wilder25 ness.
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1 (c) As soon as practicable after this title takes effect,

2 a map of the wilderness area and a description of its bound3 aries shall be filed with the Senate Committee on Energy

4 and Natural Resources and the House Committee on Re5 sources, and such map shall have the same force and effect

6 as if included in this title; provided, however, that correct7 ing clerical and typographical errors in the map and land

8 descriptions may be made.

9 (d) Public Land Order 6287 of June 16, 1982, which

10 withdrew certain rocks, reefs, inslets and islands lying

11 within three geographical miles off the coast of Oregon and

12 above mean high tide, including the ninety-five acres de13 scribed in (a), as an addition to the Oregon Islands Na14 tional Wildlife Refuge is hereby made permanent.

15 TITLE VIII—UMPQUA RIVER

16 LAND EXCHANGE STUDY

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

18 AND DIRECTION.

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

20 Agriculture are hereby authorized and directed to consult,

21 coordinate and cooperate with the Umpqua Land Exchange

22 Project (ULEP), affected units and agencies of state and

23 local government, and, as appropriate, the World Forestry

24 Center and National Fish and Wildlife Foundation, to as25 sist ULEP’s ongoing efforts in studying and analyzing land
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1 exchange opportunities in the Umpqua River basin and to

2 provide scientific, technical, research, mapping and other

3 assistance and information to such entities. Such consulta4 tion, coordination and cooperation shall at a minimum in5 clude, but not be limited to:

6 (1) Working with ULEP to develop or assemble

7 comprehensive scientific and other information (in8 cluding comprehensive and integrated mapping) con9 cerning the Umpqua River basin’s resources of forest,

10 plants, wildlife, fisheries (anadromous and other),

11 recreational opportunities, wetlands, riparian habitat

12 and other physical or natural resources.

13 (2) Working with ULEP to identify general or

14 specific areas within the basin where land exchanges

15 could promote consolidation of timberland ownership

16 for long-term, sustained timber production; protection

17 and improvement of habitat for plants, fish and wild18 life (including any federally listed threatened or en19 dangered species); recovery of threatened and endan20 gered species; protection and improvement of wet21 lands, riparian lands and other environmentally sen22 sitive areas; consolidation of land ownership for im23 proved public access and a broad array of rec24 reational uses; and consolidation of land ownership to
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1 achieve management efficiency and reduced costs of

2 administration.

3 (3) Developing a joint report for submission to

4 the Congress which discusses land exchange opportu5 nities in the basin and outlines either a specific land

6 exchange proposal or proposals which may merit con7 sideration by the Secretaries or the Congress, or ideas

8 and recommendations for new authorizations, direc9 tion, or changes in existing law or policy to expedite

10 and facilitate the consummation of beneficial land ex11 changes in the basin via administrative means.

12 SEC. 802. REPORT TO CONGRESS.

13 (a) No later than February 1, 1998, ULEP and the

14 Secretaries of the Interior and Agriculture shall submit a

15 joint report to the Committee on Resources of the United

16 States House of Representatives and to the Committee on

17 Energy and Natural Resources of the United States Senate

18 concerning their studies, findings, ideas, recommendations,

19 mapping and other activities conducted pursuant to this

20 Act.

21 (b) At a minimum, the report shall include:

22 (1) A complete analysis and discussion of issues,

23 options and alternatives considered with respect to the

24 specific study items set forth in Section 3(b) (1–7) of

25 this Act and a discussion of the perceived advantages,
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1 disadvantages, and obstacles to implementation of

2 such options and alternatives.

3 (2) Recommendations and mapping for specific

4 land exchanges, or the identifications and mapping of

5 general areas where exchanges should be considered.

6 (3) Recommendations, if any, for any changes in

7 law or policy that would authorize, expedite, or facili8 tate specific land exchanges or facilitate general land

9 exchange procedures.

10 (4) Recommendations, if any, for special provi11 sions of law or policy that might be applied to spe12 cific areas of private or Federal lands after consolida13 tions of lands are completed through land exchanges.

14 (5) Recommendations, if any, for new or en15 hanced sources of Federal, state or other funding to

16 promote improved resource protection, recovery and

17 management in the basin.

18 SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

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

20 hereby authorized to be appropriated the sum of $2 million.