IB
Union Calendar No. 375
103D CONGRESS
2D SESSION
H. R. 3905
[Report No. 103–683, Parts I and II]
To provide for the establishment and management of the Opal Creek Forest
Preserve in the State of Oregon.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1994
Mr. KOPETSKI introduced the following bill; which was referred jointly to the
Committees on Natural Resources and Agriculture
AUGUST 8, 1994
Additional sponsors: Mr. WYDEN, Ms. FURSE, Mr. WALSH, Mr. FARR of Cali-
fornia, Mr. BARRETT of Wisconsin, Mr. COPPERSMITH, Mr. KANJORSKI,
Mr. BRYANT, Mr. STARK, Mr. BACCHUS of Florida, Mr. BOUCHER, Mr.
WAXMAN, 
Mr. 
GIBBONS, 
Mr. 
RICHARDSON, 
Mr. 
ORTIZ, 
Mr.
MCDERMOTT, Mr. SERRANO, Mr. ABERCROMBIE, Mr. STRICKLAND, Mr.
SPRATT, Mr. MENENDEZ, Ms. VELA´ZQUEZ, Mr. GORDON, Mr. HEFNER,
Mr. DERRICK, Mr. KREIDLER, Mr. LAROCCO, Ms. MCKINNEY, Ms.
PELOSI, Ms. ROYBAL-ALLARD, Mr. WATT, Mr. HAMBURG, Mrs. MEYERS
of Kansas, Mr. EVANS, Mr. DELLUMS, Mr. BROWN of California, Mr.
MINGE, Mr. CLAY, and Ms. SHEPHERD
AUGUST 8, 1994
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AUGUST 8, 1994
Reported from the Committee on Agriculture with an amendment, committed
to the Committee of the Whole House on the State of the Union, and
ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on February 24, 1994]
A BILL
To provide for the establishment and management of the
Opal Creek Forest Preserve in the State of Oregon.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Opal Creek Forest Preserve Act of 1994’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Opal Creek Forest Preserve.
Sec. 5. Administration of the Preserve.
Sec. 6. Prohibitions regarding the management of the Preserve.
Sec. 7. Access to and acquisition of non-Federal land.
Sec. 8. Authority of the Secretary and responsible parties to conduct environ-
mental response actions or pursue liability.
Sec. 9. Grandfather clause.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) Old-growth forests are unique ecosystems that
serve as critical habitat for hundreds of vertebrate
and invertebrate animals, plants, and fungi.
(2) Old-growth forests provide clean and plenti-
ful water and support streams and rivers containing
runs of anadromous and resident cold water fish,
which are wholly dependent on high quantity and
quality water for migration, spawning, rearing, and
cover.
(3) The high quantity and quality of water in
streams and rivers in old-growth forests can only be
maintained by protecting the watersheds of these
streams and rivers.
(4) Old-growth forests provide unique and out-
standing opportunities for educational study, sci-
entific research, and recreation.
(5) The establishment of a watershed and forest
preserve to protect areas of old-growth forests and sur-
face waters can contribute significantly to the quality
of life for the residents of the State of Oregon through
education, recreation, and a protected water supply.
(6) The area known as the Opal Creek Forest, lo-
cated on the upper Little North Fork of the Santiam
River in the State of Oregon, contains one of the larg-
est remaining intact old-growth forest ecosystems in
the Western Oregon Cascades. Although the landscape
mosaic in the Opal Creek Forest may reflect some
past logging, young stands of trees in the area mainly
owe their existence to natural disturbances, chiefly
wildfire.
(7) The Opal Creek Forest contains outstanding
geological and botanical features and contains at-
tributes of historic and prehistoric importance.
(8) The recreational use of the Opal Creek For-
est, typically in the form of hiking, sightseeing, and
the general enjoyment of the outdoor environment, is
significant and likely to increase.
(9) It is desirable to limit the human-related dis-
turbances and development of the Opal Creek Forest
in order to protect fully the special features of the for-
est and maintain the full potential of its watershed
for scientific, educational, and research purposes.
(10) Preservation of the Opal Creek Forest pro-
vides outstanding opportunities for scientists to con-
duct research regarding old-growth forests and for
educators to provide scientifically credible informa-
tion to the public.
(b) PURPOSES.—The purposes of this Act are—
(1) to protect and preserve the forests and water-
sheds contained in the Opal Creek Forest Preserve;
(2) consistent with paragraph (1), to promote
and conduct—
(A) research in the Preserve regarding old-
growth forests in a manner that does not include
the harvesting of timber or otherwise damage the
ecosystem; and
(B) educational programs in the Preserve
on old-growth forests and cultural and historic
resources in the Preserve; and
(3) consistent with paragraphs (1) and (2), to
permit and regulate recreation in the Preserve.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) PRESERVE.—The term ‘‘Preserve’’ means the
Opal Creek Forest Preserve established in section 4(a).
(2) MANAGEMENT
PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the Pre-
serve developed pursuant to section 5(b).
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
SEC. 4. OPAL CREEK FOREST PRESERVE.
(a) ESTABLISHMENT OF PRESERVE.—There is hereby
established the Opal Creek Forest Preserve in order to pro-
tect and preserve the forests and watersheds in the Preserve
and to promote the research, educational, and recreational
purposes of this Act.
(b) DESCRIPTION OF PRESERVE.—The Preserve shall
consist of those Federal lands located in the Willamette and
Mt. Hood National Forests in the State of Oregon that are
generally depicted on the map dated August 1994, and enti-
tled the ‘‘Opal Creek Preserve Area’’. The Preserve shall also
include such lands as may be added under section 7 of this
Act. The map referred to in this subsection shall be kept
on file and made available for public inspection in the Of-
fice of the Chief of the Forest Service, United States Depart-
ment of Agriculture.
SEC. 5. ADMINISTRATION OF THE PRESERVE.
(a) IN GENERAL.—The Secretary shall administer the
Preserve in accordance with this Act and with the laws,
rules, and regulations applicable to National Forest System
lands in a manner that will further the purposes of this
Act.
(b) MANAGEMENT PLAN.—The Secretary shall prepare
a comprehensive management plan for the Preserve to
achieve the purposes of this Act. The management plan shall
be considered to be a nonsignificant amendment to the Wil-
lamette and Mt. Hood Forest Land and Resource Manage-
ment Plans. The management plan shall be prepared with
public involvement which shall include consultation with
interested individuals and organizations. The Secretary
may enter into memoranda of understanding with inter-
ested parties to accomplish the purposes of this Act. The
management plan shall include analysis and direction on
the use of campfires within the Preserve.
(c) PROTECTION OF CULTURAL AND HISTORIC RE-
SOURCES.—Not later than one year after the date of the
enactment of this Act, the Secretary shall review and revise
the inventory of the cultural and historic resources in the
area covered by the Preserve, which was originally devel-
oped pursuant to the Oregon Wilderness Act of 1984 (Public
Law 98–328; 16 U.S.C. 1131 note). The Secretary shall sub-
mit a report to Congress describing the results of the review
of such inventory.
(d) APPLICABILITY OF MINING, MINERAL LEASING,
AND DISPOSAL LAWS.—
(1) RESTRICTION.—After the date of the enact-
ment of this Act—
(A) lands within the Preserve shall not be
open to the location of mining claims and mill
and tunnel sites under the general mining laws
of the United States;
(B) the Secretary shall not issue any lease
under the Mineral Leasing Act (30 U.S.C. 181
and following) or the Geothermal Steam Act of
1970 (30 U.S.C. 100 and following) for lands
within the Preserve; and
(C) lands within the Preserve shall not be
available for disposal of mineral materials under
the Act of July 31, 1947, commonly known as
the Materials Act of 1947 (30 U.S.C. 601 and
following).
(2) ACQUIRED LANDS.—The restriction provided
by paragraph (1) shall also apply to any Federal
lands added to the Preserve after the date of the enact-
ment of this Act, except that the restriction shall
apply to such lands only upon addition to the Pre-
serve.
(e) PRIVATE INHOLDINGS.—The Secretary may co-
operate with, and provide technical assistance to, private
landowners, organizations, and other entities holding pri-
vate lands within the boundaries of the Preserve to promote
the use and management of such lands in a manner consist-
ent with the purposes of this Act.
SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF
THE PRESERVE.
(a) PROHIBITION ON LOGGING OR OTHER TIMBER
HARVESTING.—
(1) PROHIBITION.—Except as provided in para-
graph (2), the cutting of trees in the Preserve is pro-
hibited.
(2) EXCEPTIONS.—The prohibition contained in
paragraph (1) shall not apply to the extent that the
Secretary determines that the cutting of specific trees
in the Preserve is necessary—
(A) for public safety, such as to control the
spread of a forest fire in the Preserve or on lands
adjacent to the Preserve; or
(B) for administrative use related to activi-
ties permitted in the Preserve.
(3) LIMITATION ON EXCEPTION.—The cutting of
trees authorized under paragraph (2) may not in-
clude salvage sales or harvests of commercial quan-
tities of timber in the Preserve.
(4) COLLECTION OF DOWNED WOOD.—The collec-
tion of downed wood for firewood by permit may be
allowed in a manner consistent with the purposes of
this Act.
(b) PROHIBITION ON OFF ROAD MOTORIZED TRAV-
EL.—
(1) PROHIBITION.—Except as provided in para-
graph (2) and subject to valid existing rights, the use
of motor vehicles off or outside of the established road-
bed of roads in the Preserve is prohibited.
(2) EXCEPTION.—The prohibition contained in
paragraph (1) shall not apply to the extent that the
Secretary determines that the use of a motor vehicle
off or outside of the established roadbed of a road in
the Preserve is necessary for administrative purposes
or to respond to an emergency.
(c) PROHIBITION ON USE OF CERTAIN ROADS.—
(1) PROHIBITION.—Except as provided in para-
graph (2) and subject to valid existing rights, the use
of motor vehicles is prohibited on the following roads
located in the Preserve:
(A) Forest road 2209 from the gate in exist-
ence on the date of the enactment of this Act
eastward to the intersection of the road with the
wilderness boundary.
(B) Forest roads 290 and 330, which are
spur roads to the road described in subpara-
graph (A).
(2) EXCEPTIONS.—The prohibition contained in
paragraph (1) shall not apply to the extent that the
Secretary determines that the use of the roads de-
scribed in such paragraph is necessary for adminis-
trative purposes or to respond to an emergency.
(3) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be construed to prohibit inholders and
claim holders of valid mining claims from using the
roads described in paragraph (1) for ingress and
egress to their inholdings or valid mining claims, sub-
ject to such reasonable terms and conditions, consist-
ent with the purposes of this Act, as the Secretary
may prescribe. Nothing in this subsection shall be
construed to prohibit motor vehicle traffic on other
roads established in the Preserve, in particular those
forest roads providing access for claim holders of
valid mining claims for the use of lands in the Pre-
serve or within the Cedar Creek watershed within two
miles outside of the boundaries of the Preserve.
(d) PROHIBITION ON ROAD CONSTRUCTION.—
(1) PROHIBITION.—Except as provided in para-
graph (2) and subsection (e), and subject to valid ex-
isting rights, the construction of new roads is prohib-
ited in the Preserve.
(2) EXCEPTIONS.—The prohibition contained in
paragraph (1) shall not apply to the extent that the
Secretary determines that the construction of new
roads, or the improvement of existing roads, in the
Preserve is necessary to accomplish the purposes of
this Act or to provide access to inholdings or for
claim holders of valid mining claims for the use of
lands in the Preserve or within the Cedar Creek wa-
tershed within two miles outside of the boundaries of
the Preserve. The Secretary may maintain or improve
roads in the Preserve to the extent the Secretary deter-
mines that such maintenance or improvements are
necessary to accomplish the purposes of this Act, to
provide for the protection of the natural resources of
the Preserve, to provide for public safety, or to ensure
access for inholders and claims holders of valid min-
ing claims for the use of lands in the Preserve or
within the Cedar Creek watershed within two miles
outside of the boundaries of the Preserve.
(3) LIMITATION ON EXCEPTION.—The construc-
tion or improvement of roads in the Preserve pursu-
ant to paragraph (2) or subsection (e) may not in-
clude paving or any work beyond 50 feet on either
side of the centerline of the road bed.
(e) UTILITIES AND ACCOMPANYING ROAD.—In compli-
ance with applicable laws and the Willamette National For-
est Land and Resource Management Plan, the Secretary
may allow the installation and maintenance of power lines
and water lines (and an accompanying service road)
through the Preserve to serve authorized activities conducted
on land within the Cedar Creek watershed within two miles
outside of the boundaries of the Preserve.
SEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL
LAND.
(a) INVENTORY AND ACQUISITION OF NON-FEDERAL
LANDS.—The Secretary shall conduct an inventory of all
non-Federal lands and interests in lands within the bound-
aries of the Preserve. The Secretary may acquire such
inventoried lands (or interests in such lands) for inclusion
in the Preserve. The Secretary may not acquire, for inclu-
sion in the Preserve, any lands or interests in lands within
the boundaries of the Preserve without the consent of the
owner, unless the Secretary determines that the land is
being developed or managed (or is proposed to be developed
or managed) in a manner inconsistent with the purposes
of this Act. Nothing in this Act may be construed to prevent
the Secretary from increasing the size of the Preserve.
(b) SPECIAL RULE FOR SANTIAM NO. 1 LODE MINING
CLAIM.—Notwithstanding subsection (a), the parcel of real
property located within the boundaries of the Preserve that
is known as the Santiam No. 1 lode mining claim and iden-
tified in section 8140 of the Department of Defense Appro-
priations Act, 1992 (Public Law 102–172; 105 Stat. 1213),
may be acquired by the Secretary only—
(1) by purchase for an amount equal to not more
than the sum of—
(A) the amount that the original patentee of
the parcel paid for the parcel; and
(B) the cost of any improvements made to
the parcel by the patentee; or
(2) by donation.
(c) RIGHTS-OF-WAY.—Nothing in this section shall be
construed to affect the authority of the Secretary to acquire
road and trail rights-of-way on lands in the Preserve under
existing authorities.
(d) ACCESS AND UTILITIES TO INHOLDINGS.—
(1) IN
GENERAL.—In the case of private
inholdings located within the boundaries of the Pre-
serve, the Secretary shall authorize the use of Federal
land in the Preserve by the holder of the inholding to
assure adequate access to the inholding under appli-
cable law.
(2) JAWBONE
FLATS.—With respect to the
inholding known as the Jawbone Flats area, the Sec-
retary shall authorize the use of Federal land in the
Preserve by the owners of the inholding to provide for
access and utilities for a facility in the inholding if
the Secretary determines that the facility (and use of
the facility) is consistent with the purposes of this
Act.
(3) TERMS AND CONDITIONS.—The use of Fed-
eral land in the Preserve under this subsection shall
be subject to such reasonable terms and conditions,
consistent with the purposes of this Act, as the Sec-
retary may prescribe.
SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE
PARTIES TO CONDUCT ENVIRONMENTAL RE-
SPONSE ACTIONS OR PURSUE LIABILITY.
(a) REMEDIATION ACTIVITIES.—Nothing in this Act
shall be construed to limit the authority of the Secretary
or a responsible party to conduct environmental remedi-
ation activities in the Preserve in connection with the re-
lease, threatened release, or clean up of any hazardous sub-
stance or pollutant or contaminant, including response ac-
tions conducted pursuant to the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(b) LIABILITY.—Nothing in this Act shall be construed
to limit the authority of the Secretary or a responsible
party to address questions of liability related to the release,
threatened release, or clean up of any hazardous substance
or pollutant or contaminant in the Preserve.
SEC. 9. GRANDFATHER CLAUSE.
Nothing in this Act shall be construed to affect the op-
eration of any timber sale contract entered into, or interfere
with any activity for which a special use permit has been
issued (and not revoked), before the date of the enactment
of this Act, subject to the terms of the contract or permit.
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as
the ‘‘Opal Creek Forest Preserve Act of 1994’’.
(b) TABLE OF CONTENTS.—The table of con-
tents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Opal Creek Forest Preserve.
Sec. 5. Administration of the Preserve.
Sec. 6. Prohibitions regarding the management of the Pre-
serve.
Sec. 7. Access to and acquisition of non-Federal land.
Sec. 8. Authority of the Secretary and responsible parties to
conduct environmental response actions or pur-
sue liability.
Sec. 9. Grandfather clause.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the follow-
ing:
(1) Old-growth forests are unique
ecosystems that serve as critical habitat
for hundreds of vertebrate and inverte-
brate animals, plants, and fungi.
(2) Old-growth forests provide clean
and plentiful water and support streams
and rivers containing runs of anad-
romous and resident cold water fish,
which are wholly dependent on high
quantity and quality water for migration,
spawning, rearing, and cover.
(3) The high quantity and quality of
water in streams and rivers in old-growth
forests can only be maintained by pro-
tecting the watersheds of these streams
and rivers.
(4) Old-growth forests provide unique
and outstanding opportunities for edu-
cational study, scientific research, and
recreation.
(5) The establishment of a watershed
and forest preserve to protect areas of
old-growth forests and surface waters
can contribute significantly to the quality
of life for the residents of the State of Or-
egon through education, recreation, and
a protected water supply.
(6) The area known as the Opal Creek
Forest, located on the upper Little North
Fork of the Santiam River in the State of
Oregon, contains one of the largest re-
maining 
intact 
old-growth 
forest
ecosystems in the Western Oregon Cas-
cades. Although the landscape mosaic in
the Opal Creek Forest may reflect some
past logging, young stands of trees in the
area mainly owe their existence to natu-
ral disturbances, chiefly wildfire.
(7) The Opal Creek Forest contains
outstanding geological and botanical fea-
tures and contains attributes of historic
and prehistoric importance.
(8) The recreational use of the Opal
Creek Forest, typically in the form of hik-
ing, sightseeing, and the general enjoy-
ment of the outdoor environment, is sig-
nificant and likely to increase.
(9) It is desirable to limit the human-
related disturbances and development of
the Opal Creek Forest to protect fully the
special features of the forest and main-
tain the full potential of its watershed for
scientific, 
educational, 
and 
non-
destructive research purposes.
(10) The preservation of the Opal
Creek Forest provides outstanding oppor-
tunities for scientists to conduct non-
destructive 
research 
regarding 
old-
growth forests and for educators to pro-
vide scientifically credible information to
the public.
(b) PURPOSES.—The purposes of this Act
are—
(1) to protect and preserve the forests
and watersheds contained in the Opal
Creek Forest Preserve; and
(2) consistent with paragraph (1), to
promote and conduct—
(A) nondestructive research in
the Preserve regarding old-growth
forests; and
(B) educational programs in the
Preserve regarding old-growth for-
ests and cultural and historic re-
sources in the Preserve; and
(3) consistent with paragraphs (1)
and (2), to permit and regulate recreation
in the Preserve.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) PRESERVE.—The term ‘‘Preserve’’
means the Opal Creek Forest Preserve es-
tablished under section 4(a).
(2) NONDESTRUCTIVE
RESEARCH.—The
term ‘‘nondestructive research’’ means re-
search conducted in the Preserve that
does not involve the harvesting of timber
or otherwise damage the ecosystem.
(3) COOPERATIVE MANAGEMENT PLAN.—
The term ‘‘cooperative management plan’’
means the management plan for the Pre-
serve developed under section 5(b).
(4) SECRETARY.—The term ‘‘Secretary’’
means the Secretary of Agriculture.
SEC. 4. OPAL CREEK FOREST PRESERVE.
(a) ESTABLISHMENT OF PRESERVE.—There is
hereby established the Opal Creek Forest Pre-
serve to protect and preserve the forests and
watersheds in the Preserve and to promote
the research, educational, and recreational
purposes of this Act.
(b) DESCRIPTION OF PRESERVE.—The Pre-
serve shall consist of those Federal lands lo-
cated in the Willamette and Mt. Hood Na-
tional Forests in the State of Oregon that are
generally depicted on the map dated August
1994, and entitled the ‘‘Opal Creek Preserve
Area’’. The Preserve shall also include such
lands as may be added under section 7. The
map referred to in this subsection shall be
kept on file and made available for public in-
spection in the Office of the Chief of the For-
est Service, Department of Agriculture.
SEC. 5. ADMINISTRATION OF THE PRESERVE.
(a) IN GENERAL.—The Secretary shall ad-
minister the Preserve in accordance with this
Act and the laws, rules, and regulations appli-
cable to National Forest System lands in a
manner that will further the purposes of this
Act.
(b) DEVELOPMENT
OF COOPERATIVE MAN-
AGEMENT
PLAN.—The 
Secretary, 
acting
through the Forest Service, shall develop a co-
operative management plan for the Preserve
that is consistent with the requirements spec-
ified in this Act and other laws applicable to
the Preserve. The cooperative management
plan shall be prepared in consultation with,
and with significant contributions from, in-
terested individuals and organizations. The
Secretary may enter into memoranda of un-
derstanding with interested parties to accom-
plish the purposes of this Act. If the Secretary
decides to establish a committee to advise on
the development of the cooperative manage-
ment plan, such committee shall not be sub-
ject to the requirements of the Federal Advi-
sory Committee Act (5 U.S.C. App.).
(c) PROTECTION OF CULTURAL AND HISTORIC
RESOURCES.—Not later than one year after the
date of the enactment of this Act, the Sec-
retary shall review and revise the inventory
of the cultural and historic resources in the
area covered by the Preserve, which was
originally developed under the Oregon Wil-
derness Act of 1984 (Public Law 98–328; 16
U.S.C. 1131 note). The Secretary shall submit
a report to Congress describing the results of
the review of such inventory.
(d) WITHDRAWAL.—Subject to valid exist-
ing rights, Federal lands in the Preserve are
hereby withdrawn from disposition under the
public land laws, from location, entry, and
patent under the mining laws of the United
States, from the operation of the mineral leas-
ing laws of the United States, and from oper-
ation of the Geothermal Steam Act of 1970 (30
U.S.C. 1001 et seq.). The withdrawal provided
by this subsection shall also apply to any Fed-
eral lands added to the Preserve after the
date of the enactment of this Act, except that
the withdrawal shall apply to such lands only
upon addition to the Preserve.
(e) PRIVATE INHOLDINGS.—The Secretary
may cooperate with, and provide technical as-
sistance to, private landowners, organiza-
tions, and other entities holding private lands
within the boundaries of the Preserve to pro-
mote the use and management of such lands
in a manner consistent with the purposes of
this Act.
SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF
THE PRESERVE.
(a) PROHIBITION
ON LOGGING
OR OTHER
TIMBER HARVESTING.—
(1) PROHIBITION.—Except as provided
in paragraph (2), the cutting of trees in
the Preserve is prohibited.
(2) EXCEPTIONS.—The prohibition con-
tained in paragraph (1) shall not apply to
the extent that the Secretary determines
that the cutting of specific trees in the
Preserve is necessary—
(A) for public safety, such as to
control the spread of a forest fire in
actual existence in the Preserve or on
lands adjacent to the Preserve;
(B) for administrative use related
to activities permitted in the Pre-
serve; or
(C) for collection of dead and
downed wood to be used for firewood
within the boundaries of the Pre-
serve.
(3) LIMITATION
ON
EXCEPTION.—The
cutting of trees authorized under para-
graph (2) may not include salvage sales
or harvests of commercial quantities of
timber in the Preserve.
(b) PROHIBITION ON OPEN FIRES.—The Sec-
retary shall prohibit open fires in the Pre-
serve except in designated fire rings.
(c) PROHIBITION ON OFF-ROAD MOTORIZED
TRAVEL.—
(1) PROHIBITION.—Except as provided
in paragraph (2) and subject to valid ex-
isting rights, the use of motor vehicles off
or outside of the established roadbed of
roads in the Preserve is prohibited.
(2) EXCEPTION.—The prohibition con-
tained in paragraph (1) shall not apply to
the extent that the Secretary determines
that the use of a motor vehicle off or out-
side of the established roadbed of a road
in the Preserve is necessary for adminis-
trative purposes or to respond to an
emergency.
(d) PROHIBITION
ON
USE
OF
CERTAIN
ROADS.—
(1) PROHIBITION.—Except as provided
in paragraph (2) and subject to valid ex-
isting rights, the use of motor vehicles is
prohibited on the following roads located
in the Preserve:
(A) Forest road 2209 from the gate
in existence on the date of the enact-
ment of this Act eastward to the
intersection of the road with the wil-
derness boundary.
(B) Forest roads 290 and 330,
which are spur roads to the road de-
scribed in subparagraph (A).
(2) EXCEPTIONS.—The prohibition con-
tained in paragraph (1) shall not apply to
the extent that the Secretary determines
that the use of the roads described in
such paragraph is necessary for adminis-
trative purposes or to respond to an
emergency.
(3) RULE
OF
CONSTRUCTION.—Nothing
in this subsection may be construed to
prohibit inholders and the possessors of
valid mining claims from using the roads
described in paragraph (1) for ingress
and egress to their inholdings or in con-
nection with the exercise of their valid
mining claims, subject to such reasonable
terms and conditions, consistent with the
purposes of this Act, as the Secretary
may prescribe. Nothing in this subsection
may be construed to prohibit motor vehi-
cle traffic on other roads established in
the Preserve, in particular those forest
roads providing access for persons pos-
sessing valid mining claims for the use of
lands in the Preserve or within the Cedar
Creek watershed within two miles out-
side of the boundaries of the Preserve.
(e) PROHIBITION ON ROAD CONSTRUCTION.—
(1) PROHIBITION.—Except as provided
in paragraph (2) and subsection (f), and
subject to valid existing rights, the con-
struction of new roads is prohibited in
the Preserve.
(2) EXCEPTIONS.—The prohibition con-
tained in paragraph (1) shall not apply to
the extent that the Secretary determines
that the construction of new roads, or the
improvement of existing roads, in the
Preserve is necessary to accomplish the
purposes of this Act or to provide access
to inholdings or for persons possessing
valid mining claims for the use of lands
in the Preserve or within the Cedar
Creek watershed within two miles out-
side of the boundaries of the Preserve.
The Secretary may maintain or improve
roads in the Preserve to the extent the
Secretary determines that such mainte-
nance or improvements are necessary to
accomplish the purposes of this Act, to
provide for the protection of the natural
resources of the Preserve, to provide for
public safety, or to ensure access for
inholders and persons possessing valid
mining claims for the use of lands in the
Preserve or within the Cedar Creek wa-
tershed within two miles outside of the
boundaries of the Preserve.
(3) LIMITATION
ON
EXCEPTION.—The
construction or improvement of roads in
the Preserve under paragraph (2) or sub-
section (f) may not include paving or any
work beyond 50 feet on either side of the
centerline of the road bed.
(f) UTILITIES AND ACCOMPANYING ROAD.—In
compliance with applicable laws and the Wil-
lamette National Forest Land and Resource
Management Plan, the Secretary may allow
the installation and maintenance of power
lines and water lines (and an accompanying
service road) through the Preserve to serve
authorized activities conducted on land with-
in the Cedar Creek watershed within two
miles outside of the boundaries of the Pre-
serve.
SEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL
LAND.
(a) INVENTORY
AND ACQUISITION
OF NON-
FEDERAL LANDS.—The Secretary shall conduct
an inventory of all non-Federal lands and in-
terests in lands within the boundaries of the
Preserve. The Secretary may acquire such
inventoried lands (or interests in such lands)
for inclusion in the Preserve by purchase at
not more than fair market value, by donation,
or by exchange. The Secretary may not ac-
quire, for inclusion in the Preserve, any lands
or interests in lands within the boundaries of
the Preserve without the consent of the
owner, unless the Secretary determines that
the land is being developed or managed (or is
proposed to be developed or managed) in a
manner inconsistent with the purposes of this
Act. Nothing in this Act may be construed to
prevent the Secretary from increasing the
size of the Preserve.
(b) SPECIAL RULE FOR SANTIAM NO. 1 LODE
MINING CLAIM.—Notwithstanding subsection
(a), the parcel of real property located within
the boundaries of the Preserve that is known
as the Santiam No. 1 lode mining claim and
identified in section 8140 of the Department
of Defense Appropriations Act, 1992 (Public
Law 102–172; 105 Stat. 1213), may be acquired
by the Secretary only—
(1) by purchase for an amount equal
to not more than the sum of—
(A) the amount that the original
patentee of the parcel paid for the
parcel; and
(B) the cost of any improvements
made to the parcel by the patentee;
or
(2) by donation.
(c) RIGHTS-OF-WAY.—Nothing in this sec-
tion may be construed to affect the authority
of the Secretary to acquire road and trail
rights-of-way on lands in the Preserve under
existing authorities.
(d) ACCESS AND UTILITIES TO INHOLDINGS.—
(1) IN GENERAL.—In the case of private
inholdings located within the boundaries
of the Preserve, the Secretary shall au-
thorize the use of Federal land in the
Preserve by the holder of the inholding
to 
assure 
adequate 
access 
to 
the
inholding under applicable law.
(2) JAWBONE
FLATS.—With respect to
the inholding known as the Jawbone
Flats area, the Secretary shall authorize
the use of Federal land in the Preserve
by the organization known as the Friends
of Opal Creek to provide for access and
utilities for a facility in the inholding if
the Secretary determines that the facility
and use of the facility are consistent with
the purposes of this Act.
(3) TERMS
AND
CONDITIONS.—The use
of Federal land in the Preserve under
this subsection shall be subject to such
reasonable terms and conditions, consist-
ent with the purposes of this Act, as the
Secretary may prescribe.
SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE
PARTIES TO CONDUCT ENVIRONMENTAL RE-
SPONSE ACTIONS OR PURSUE LIABILITY.
(a) REMEDIAL ACTIVITIES.—Nothing in this
Act may be construed to limit the authority of
the Secretary or a responsible party to con-
duct environmental remedial activities in the
Preserve in connection with the release,
threatened release, or removal of any hazard-
ous substance or pollutant or contaminant, in-
cluding response actions conducted under the
Comprehensive 
Environmental 
Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.).
(b) LIABILITY.—Nothing in this Act may be
construed to limit the authority of the Sec-
retary or a responsible party to address ques-
tions of liability related to the release, threat-
ened release, or removal of any hazardous
substance or pollutant or contaminant in the
Preserve.
SEC. 9. GRANDFATHER CLAUSE.
Nothing in this Act may be construed to
affect the operation of any timber sale con-
tract entered into, or interfere with any activ-
ity for which a special use permit has been is-
sued (and not revoked), before the date of the
enactment of this Act, subject to the terms of
the contract or permit.
HR 3905 RH——2
HR 3905 RH——3