H. R. 4236—128
other areas in the Opal Creek Wilderness and the Opal
Creek Scenic Recreation Area.
(11) PARTICIPATION.—So that the knowledge, expertise, and
views of all agencies and groups may contribute affirmatively
to the most sensitive present and future use of the Scenic
Recreation Area and its various subareas for the benefit of
the public:
(A) ADVISORY COUNCIL.—The Secretary shall consult
on a periodic and regular basis with the advisory council
established under subsection (e) with respect to matters
relating to management of the Scenic Recreation Area.
(B) PUBLIC PARTICIPATION.—The Secretary shall seek
the views of private groups, individuals, and the public
concerning the Scenic Recreation Area.
(C) OTHER AGENCIES.—The Secretary shall seek the
views and assistance of, and cooperate with, any other
Federal, State, or local agency with any responsibility for
the zoning, planning, or natural resources of the Scenic
Recreation Area.
(D) NONPROFIT
AGENCIES
AND
ORGANIZATIONS.—The
Secretary shall seek the views of any nonprofit agency
or organization that may contribute information or exper-
tise about the resources and the management of the Scenic
Recreation Area.
(e) ADVISORY COUNCIL.—
(1) ESTABLISHMENT.—Not later than 90 days after the
establishment of the Scenic Recreation Area, the Secretary
shall establish an advisory council for the Scenic Recreation
Area.
(2) MEMBERSHIP.—The advisory council shall consist of not
more than 13 members, of whom—
(A) 1 member shall represent Marion County, Oregon,
and shall be designated by the governing body of the
county;
(B) 1 member shall represent the State of Oregon
and shall be designated by the Governor of Oregon;
(C) 1 member shall represent the City of Salem, and
shall be designated by the mayor of Salem, Oregon;
(D) 1 member from a city within a 25-mile radius
of the Opal Creek Scenic Recreation Area, to be designated
by the Governor of the State of Oregon from a list of
candidates provided by the mayors of the cities located
within a 25-mile radius of the Opal Creek Scenic Recreation
Area; and
(E) not more than 9 members shall be appointed by
the Secretary from among persons who, individually or
through association with a national or local organization,
have an interest in the administration of the Scenic Recre-
ation Area, including, but not limited to, representatives
of the timber industry, environmental organizations, the
mining industry, inholders in the Opal Creek Wilderness
and 
Scenic 
Recreation 
Area, 
economic 
development
interests and Indian tribes.
(3) STAGGERED TERMS.—Members of the advisory council
shall serve for staggered terms of 3 years.
(4) CHAIRMAN.—The Secretary shall designate 1 member
of the advisory council as chairman.
H. R. 4236—129
(5) VACANCIES.—The Secretary shall fill a vacancy on the
advisory council in the same manner as the original appoint-
ment.
(6) COMPENSATION.—Members of the advisory council shall
receive no compensation for their service on the advisory
council.
(f) GENERAL PROVISIONS.—
(1) LAND ACQUISITION.—
(A) IN GENERAL.—Subject to the other provisions of
this section, the Secretary may acquire any lands or
interests in land in the Scenic Recreation Area or the
Opal Creek Wilderness that the Secretary determines are
needed to carry out this section.
(B) PUBLIC
LAND.—Any lands or interests in land
owned by a State or a political subdivision of a State
may be acquired only by donation or exchange.
(C) CONDEMNATION.—Within the boundaries of the
Opal Creek Wilderness or the Scenic Recreation Area, the
Secretary may not acquire any privately owned land or
interest in land without the consent of the owner unless
the Secretary finds that—
(i) the nature of land use has changed significantly,
or the landowner has demonstrated intent to change
the land use significantly, from the use that existed
on the date of the enactment of this Act; and
(ii) acquisition by the Secretary of the land or
interest in land is essential to ensure use of the land
or interest in land in accordance with the purposes
of this title or the management plan prepared under
subsection (d)(2).
(D) Nothing in this section shall be construed to
enhance or diminish the condemnation authority available
to the Secretary outside the boundaries of the Opal Creek
Wilderness or the Scenic Recreation Area.
(2) 
ENVIRONMENTAL
RESPONSE
ACTIONS
AND
COST
RECOVERY.—
(A) RESPONSE ACTIONS.—Nothing in this section shall
limit the authority of the Secretary or a responsible party
to conduct an environmental response action in the Scenic
Recreation Area in connection with the release, threatened
release, or cleanup of a hazardous substance, pollutant,
or contaminant, including a response action conducted
under 
the 
Comprehensive 
Environmental 
Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(B) LIABILITY.—Nothing in this section shall limit the
authority of the Secretary or a responsible party to recover
costs related to the release, threatened release, or cleanup
of any hazardous substance or pollutant or contaminant
in the Scenic Recreation Area.
(3) MAPS AND DESCRIPTION.—
(A) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file a map
and a boundary description for the Opal Creek Wilderness
and for the Scenic Recreation Area with the Committee
on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
H. R. 4236—130
(B) FORCE AND EFFECT.—The boundary description and
map shall have the same force and effect as if the descrip-
tion and map were included in this section, except that
the Secretary may correct clerical and typographical errors
in the boundary description and map.
(C) AVAILABILITY.—The map and boundary description
shall be on file and available for public inspection in the
Office of the Chief of the Forest Service, Department of
Agriculture.
(4) SAVINGS PROVISION.—Nothing in this section shall inter-
fere with activity for which a special use permit has been
issued, has not been revoked, and has not expired, before the
date of enactment of this Act, subject to the terms of the
permit.
(g) ROSBORO LAND EXCHANGE.—
(1) AUTHORIZATION.—Notwithstanding any other law, if the
Rosboro Lumber Company (referred to in this subsection as
‘‘Rosboro’’) offers and conveys marketable title to the United
States to the land described in paragraph (2), the Secretary
of Agriculture shall convey all right, title and interest held
by the United States to sufficient lands described in paragraph
(3) to Rosboro, in the order in which they appear in this
subsection, as necessary to satisfy the equal value requirements
of paragraph (4).
(2) LAND TO BE OFFERED BY ROSBORO.—The land referred
to in paragraph (1) as the land to be offered by Rosboro
shall comprise Section 36, Township 8 South, Range 4 East,
Willamette Meridian.
(3) LAND TO BE CONVEYED BY THE UNITED STATES.—The
land referred to in paragraph (1) as the land to be conveyed
by the United States shall comprise sufficient land from the
following prioritized list to be equal value under paragraph
(4):
(A) Section 5, Township 17 South, Range 4 East, Lot
7 (37.63 acres);
(B) Section 2, Township 17 South, Range 4 East, Lot
3 (29.28 acres);
(C) Section 13, Township 17 South, Range 4 East,
S1⁄2SE1⁄4 (80 acres);
(D) Section 2, Township 17 South, Range 4 East,
SW1⁄4SW1⁄4 (40 acres);
(E) Section 2, Township 17 South, Range 4 East,
NW1⁄4SE1⁄4 (40 acres);
(F) Section 8, Township 17 South, Range 4 East,
SE1⁄4SW1⁄4 (40 acres);
(G) Section 11, Township 17 South, Range 4 East,
W1⁄2NW1⁄4 (80 acres);
(4) EQUAL
VALUE.—The land and interests in land
exchanged under this subsection shall be of equal market value
as determined by nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Standards
for Federal Land Acquisition, the Uniform Standards of Profes-
sional Appraisal Practice, or shall be equalized by way of
payment of cash pursuant to the provisions of section 206(d)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(d)), and other applicable law. The appraisal shall
consider access costs for the parcels involved.
H. R. 4236—131
(5) TIMETABLE.—
(A) The exchange directed by this subsection shall
be consummated not later than 120 days after the date
Rosboro offers and conveys the property described in para-
graph (2) to the United States.
(B) The authority provided by this subsection shall
lapse of Rosboro fails to offer the land described in para-
graph (2) within 2 years after the date of enactment of
this Act.
(6) CHALLENGE.—Rosboro shall have the right to challenge
in the United States District Court for the District of Oregon
a determination of marketability under paragraph (1) and a
determination of value for the lands described in paragraphs
(2) and (3) by the Secretary of Agriculture. The court shall
have the authority to order the Secretary to complete the trans-
action contemplated in this subsection.
(7) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are
authorized to be appropriated such sums as are necessary to
carry out this subsection.
(h) DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC
RIVER.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
‘‘(
)(A) ELKHORN CREEK.—The 6.4-mile segment traversing
federally administered lands from that point along the Willamette
National Forest boundary on the common section line between
Sections 12 and 13, Township 9 South, Range 4 East, Willamette
Meridian, to that point where the segment leaves Federal ownership
along the Bureau of Land Management boundary in Section 1,
Township 9 South, Range 3 East, Willamette Meridian, in the
following classes:
‘‘(i) a 5.8-mile wild river area, extending from that point
along the Willamette National Forest boundary on the common
section line between Sections 12 and 13, Township 9 South,
Range 4 East, Willamette Meridian, to its confluence with
Buck Creek in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, to be administered as agreed on by the
Secretaries of Agriculture and the Interior, or as directed by
the President; and
‘‘(ii) a 0.6-mile scenic river area, extending from the
confluence with Buck Creek in Section 1, Township 9 South,
Range 3 East, Willamette Meridian, to that point where the
segment leaves Federal ownership along the Bureau of Land
Management boundary in Section 1, Township 9 South, Range
3 East, Willamette Meridian, to be administered by the Sec-
retary of Interior, or as directed by the President.
‘‘(B) Notwithstanding section 3(b) of this Act, the lateral bound-
aries of both the wild river area and the scenic river area along
Elkhorn Creek shall include an average of not more than 640
acres per mile measured from the ordinary high water mark on
both sides of the river.’’.
(i) ECONOMIC DEVELOPMENT.—
(1) ECONOMIC
DEVELOPMENT
PLAN.—As a condition for
receiving funding under paragraph (2), the State of Oregon,
in consultation with Marion County, Oregon, and the Secretary
of Agriculture, shall develop a plan for economic development
projects for which grants under this subsection may be used
in a manner consistent with this section and to benefit local