H. R. 4236—124
as generally depicted on the map described in subsection
(a)(3).
(2) CONDITIONS.—The designations in paragraph (1) shall
not take effect unless the Secretary makes a determination,
not later than 2 years after the date of enactment of this
title, that the following conditions have been met:
(A) the following have been donated to the United
States in an acceptable condition and without encum-
brances:
(i) all right, title, and interest in the following
patented parcels of land—
(I) Santiam Number 1, mineral survey number
992, as described in patent number 39–92–0002,
dated December 11, 1991;
(II) Ruth Quartz Mine Number 2, mineral
survey number 994, as described in patent number
39–91–0012, dated February 12, 1991;
(III) Morning Star Lode, mineral survey
number 993, as described in patent number 36–
91–0011, dated February 12, 1991;
(ii) all right, title, and interest held by any entity
other than the Times Mirror Land and Timber Com-
pany, its successors and assigns, in and to lands located
in section 18, township 8 south, range 5 east, Marion
County, Oregon, Eureka numbers 6, 7, 8, and 13
mining claims; and
(iii) an easement across the Hewitt, Starvation,
and Poor Boy Mill Sites, mineral survey number 990,
as described in patent number 36–91–0017, dated May
9, 1991. In the sole discretion of the Secretary, such
easement may be limited to administrative use if an
alternative access route, adequate and appropriate for
public use, is provided.
(B) a binding agreement has been executed by the
Secretary and the owners of record as of March 29, 1996,
of the following interests, specifying the terms and condi-
tions for the disposition of such interests to the United
States Government—
(i) The lode mining claims known as Princess Lode,
Black Prince Lode, and King Number 4 Lode, embrac-
ing portions of sections 29 and 32, township 8 south,
range 5 east, Willamette Meridian, Marion County,
Oregon, the claims being more particularly described
in the field notes and depicted on the plat of mineral
survey number 887, Oregon; and
(ii) Ruth Quartz Mine Number 1, mineral survey
number 994, as described in patent number 39–91–
0012, dated February 12, 1991.
(3) ADDITIONS TO THE WILDERNESS AND SCENIC RECREATION
AREAS.—
(A) Lands or interests in lands conveyed to the United
States under this subsection shall be included in and
become part of, as appropriate, Opal Creek Wilderness
or the Opal Creek Scenic Recreation Area.
(B) On acquiring all or substantially all of the land
located in section 36, township 8 south, range 4 east, of
the 
Willamette 
Meridian, 
Marion 
County, 
Oregon,
H. R. 4236—125
commonly known as the Rosboro section by exchange, pur-
chase from a willing seller, or by donation, the Secretary
shall expand the boundary of the Scenic Recreation Area
to include such land.
(C) On acquiring all or substantially all of the land
located in section 18, township 8 south, range 5 east,
Marion County, Oregon, commonly known as the Time
Mirror property, by exchange, purchase from a willing
seller, or by donation, such land shall be included in and
become a part of the Opal Creek Wilderness.
(d) ADMINISTRATION OF THE SCENIC RECREATION AREA.—
(1) IN GENERAL.—The Secretary shall administer the Scenic
Recreation Area in accordance with this section and the laws
(including regulations) applicable to the National Forest
System.
(2) OPAL CREEK MANAGEMENT PLAN.—
(A) IN
GENERAL.—Not later than 2 years after the
date of establishment of the Scenic Recreation Area, the
Secretary, in consultation with the advisory committee
established under subsection (e)(1), shall prepare a
comprehensive Opal Creek Management Plan (Manage-
ment Plan) for the Scenic Recreation Area.
(B) 
INCORPORATION
IN
LAND
AND
RESOURCE
MANAGEMENT.—Upon its completion, the Opal Creek
Management Plan shall become part of the land and
resource management plan for the Willamette National
Forest and supersede any conflicting provision in such land
and resource management plan. Nothing in this paragraph
shall be construed to supersede the requirements of the
Endangered Species Act or the National Forest Manage-
ment Act or regulations promulgated under those Acts,
or any other law.
(C) REQUIREMENTS.—The Opal Creek Management
Plan shall provide for a broad range of land uses, includ-
ing—
(i) recreation;
(ii) harvesting of nontraditional forest products,
such as gathering mushrooms and material to make
baskets; and
(iii) educational and research opportunities.
(D) PLAN AMENDMENTS.—The Secretary may amend
the Opal Creek Management Plan as the Secretary may
determine to be necessary, consistent with the procedures
and purposes of this section.
(3) CULTURAL AND HISTORIC RESOURCE INVENTORY.—
(A) IN GENERAL.—Not later than 1 year after the date
of establishment of the Scenic Recreation Area, the
Secretary shall review and revise the inventory of the
cultural and historic resources on the public land in the
Scenic Recreation Area developed pursuant to the Oregon
Wilderness Act of 1984 (Public Law 98–328; 16 U.S.C.
1132).
(B) INTERPRETATION.—Interpretive activities shall be
developed under the management plan in consultation with
State and local historic preservation organizations and
shall include a balanced and factual interpretation of the
H. R. 4236—126
cultural, ecological, and industrial history of forestry and
mining in the Scenic Recreation Area.
(4) TRANSPORTATION PLANNING.—
(A) IN GENERAL.—Except as provided in this subpara-
graph, motorized vehicles shall not be permitted in the
Scenic Recreation Area. To maintain reasonable motorized
and other access to recreation sites and facilities in exist-
ence on the date of enactment of this title, the Secretary
shall prepare a transportation plan for the Scenic Recre-
ation Area that—
(i) evaluates the road network within the Scenic
Recreation Area to determine which roads should be
retained and which roads should be closed;
(ii) provides guidelines for transportation and
access consistent with this section;
(iii) considers the access needs of persons with
disabilities in preparing the transportation plan for
the Scenic Recreation Area;
(iv) allows forest road 2209 beyond the gate to
the Scenic Recreation Area, as depicted on the map
described in subsection (a)(2), to be used by motorized
vehicles only for administrative purposes and for access
by private inholders, subject to such terms and condi-
tions as the Secretary may determine to be necessary;
and
(v) restricts construction or improvement of forest
road 2209 beyond the gate to the Scenic Recreation
Area to maintaining the character of the road as it
existed upon the date of enactment of this Act, which
shall not include paving or widening.
In order to comply with subsection (f)(2), the Secretary may
make improvements to forest road 2209 and its bridge
structures consistent with the character of the road as it existed
on the date of enactment of this Act.
(5) HUNTING AND FISHING.—
(A) IN GENERAL.—Subject to applicable Federal and
State law, the Secretary shall permit hunting and fishing
in the Scenic Recreation Area.
(B) LIMITATION.—The Secretary may designate zones
in which, and establish periods when, no hunting or fishing
shall be permitted for reasons of public safety, administra-
tion, or public use and enjoyment of the Scenic Recreation
Area.
(C) CONSULTATION.—Except during an emergency, as
determined by the Secretary, the Secretary shall consult
with the Oregon State Department of Fish and Wildlife
before issuing any regulation under this subsection.
(6) TIMBER CUTTING.—
(A) IN
GENERAL.—Subject to subparagraph (B), the
Secretary shall prohibit the cutting and/or selling of trees
in the Scenic Reservation Area.
(B) PERMITTED CUTTING.—
(i) IN
GENERAL.—Subject to clause (ii), the
Secretary may allow the cutting of trees in the Scenic
Recreation Area only—
(I) for public safety, such as to control the
continued spread of a forest fire in the Scenic
H. R. 4236—127
Recreation Area or on land adjacent to the Scenic
Recreation Area;
(II) for activities related to administration of
the Scenic Recreation Area, consistent with the
Opal Creek Management Plan; or
(III) for removal of hazard trees along trails
and roadways.
(ii) SALVAGE SALES.—The Secretary may not allow
a salvage sale in the Scenic Recreation Area.
(7) WITHDRAWAL.—
(A) subject to valid existing rights, all lands in the
Scenic Recreation Area are withdrawn from—
(i) any form of entry, appropriation, or disposal
under the public lands laws;
(ii) location, entry, and patent under the mining
laws; and
(iii) disposition under the mineral and geothermal
leasing laws.
(8) BORNITE PROJECT.—
(A) Nothing in this section shall be construed to
interfere with or approve any exploration, mining, or min-
ing-related activity in the Bornite Project Area, depicted
on the map described in subsection (a)(3), conducted in
accordance with applicable laws.
(B) Nothing in this section shall be construed to inter-
fere with the ability of the Secretary to approve and issue,
or deny, special use permits in connection with exploration,
mining, and mining-related activities in the Bornite Project
Area.
(C) Motorized vehicles, roads, structures, and utilities
(including but not limited to power lines and water lines)
may be allowed inside the Scenic Recreation Area to serve
the activities conducted on land within the Bornite Project.
(D) After the date of enactment of this Act, no patent
shall be issued for any mining claim under the general
mining laws located within the Bornite Project Area.
(9) WATER IMPOUNDMENTS.—Notwithstanding the Federal
Power Act (16 U.S.C. 791a et seq.), the Federal Energy Regu-
latory Commission may not license the construction of any
dam, water conduit, reservoir, powerhouse, transmission line,
or other project work in the Scenic Recreation Area, except
as may be necessary to comply with the provisions of paragraph
(8) with regard to the Bornite Project.
(10) RECREATIONS.—
(A) RECOGNITION.—Congress recognizes recreation as
an appropriate use of the Scenic Recreation Area.
(B) MINIMUM
LEVELS.—The management plan shall
permit recreation activities at not less than the levels in
existence on the date of enactment of this Act.
(C) HIGHER
LEVELS.—The management plan may
provide for levels of recreation use higher than the levels
in existence on the date of enactment of this Act if such
uses are consistent with the protection of the resource
values of the Scenic Recreation Area.
(D) The management plan may include public trail
access through section 28, township 8 south, range 5 east,
Willamette Meridian, to Battle Ax Creek, Opal Pool and