I
103D CONGRESS
2D SESSION
H. R. 5236
To provide for the establishment and management of the Opal Creek Forest
Preserve in the State of Oregon.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7 (legislative day, OCTOBER 6), 1994
Mr. KOPETSKI introduced the following bill; which was referred jointly to the
Committees on Natural Resources and Agriculture
A BILL
To provide for the establishment and management of the
Opal Creek Forest Preserve in the State of Oregon.
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 verte-
brate 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
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 remaining intact old-growth forest
ecosystems in the Western Oregon Cascades. Al-
though the landscape mosaic in the Opal Creek For-
est 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 outstand-
ing geological and botanical features and contains
attributes 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
disturbances and development of the Opal Creek
Forest in order to protect fully the special features
of the forest 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 wa-
tersheds contained in the Opal Creek Forest Pre-
serve;
(2) consistent with paragraph (1), to promote
and conduct—
(A) research in the Preserve regarding old-
growth forests in a manner that does not in-
clude 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 sec-
tion 4(a).
(2) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the
Preserve 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 here-
by established the Opal Creek Forest Preserve in order
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 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 entitled 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 Office of the Chief of the Forest
Service, United States Department 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 pre-
pare 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 Willamette and Mt. Hood Forest Land and Resource
Management Plans. The management plan shall be pre-
pared with public involvement which shall include con-
sultation with interested individuals and organizations.
The Secretary may enter into memoranda of understand-
ing with interested 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 re-
vise the inventory of the cultural and historic resources
in the area covered by the Preserve, which was originally
developed pursuant to the Oregon Wilderness 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) 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 pro-
vided by paragraph (1) shall also apply to any Fed-
eral lands added to the Preserve after the date of
the enactment of this Act, except that the restriction
shall apply to such lands only upon addition to the
Preserve.
(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 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 para-
graph (2), the cutting of trees in the Preserve is
prohibited.
(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 col-
lection 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 estab-
lished roadbed 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 pur-
poses 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 ex-
istence 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,
subject to such reasonable terms and conditions,
consistent with the purposes of this Act, as the Sec-
retary may prescribe. Nothing in this subsection
shall be construed to prohibit motor vehicle traffic
on other roads established in the Preserve, in par-
ticular those forest roads providing access for claim
holders of valid mining 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 con-
struction or improvement of roads in the Preserve
pursuant to paragraph (2) or subsection (e) may not
include paving or any work beyond 50 feet on either
side of the centerline of the road bed.
(e) UTILITIES AND ACCOMPANYING ROAD.—In com-
pliance with applicable laws and the Willamette National
Forest Land and Resource Management Plan, the Sec-
retary 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 with-
in 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 devel-
oped or managed) in a manner inconsistent with the pur-
poses 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 MIN-
ING CLAIM.—Notwithstanding subsection (a), the parcel
of real property located within the boundaries of the Pre-
serve 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 section shall
be construed to affect the authority of the Secretary to
acquire road and trail rights-of-way on lands in the Pre-
serve 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 Fed-
eral 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 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
substance or pollutant or contaminant, including response
actions conducted pursuant to the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
(b) LIABILITY.—Nothing in this Act shall be con-
strued to limit the authority of the Secretary or a respon-
sible 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
operation 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.
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HR 5236 IH——2