(c) 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 to respond to an emer-
gency.
(d) 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 the possessors of valid claims from using the
roads described in paragraph (1) for ingress and
egress to their inholdings or in connection with the
exercise of their valid claims, subject to such reason-
able terms and conditions, consistent with the pur-
poses of this Act, as the Secretary may prescribe.
Nothing in this subsection shall be construed to pro-
hibit motor vehicle traffic on other roads established
in the Preserve.
(e) PROHIBITION ON ROAD CONSTRUCTION.—
(1) PROHIBITION.—Except as provided in para-
graph (2) and section 8(d), and subject to valid ex-
isting rights, the construction of new roads is pro-
hibited 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 in the Preserve is necessary to accomplish the
purposes of this Act or to provide access to
inholdings. The Secretary may maintain or improve
roads in the Preserve to the extent the Secretary de-
termines 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, or to provide for public safety.
(3) LIMITATION
ON
EXCEPTION.—The con-
struction or improvement of roads in the Preserve
pursuant to paragraph (2) may not include paving.
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 by purchase at not more than fair market
value, by donation, or by exchange. The Secretary may
not acquire, 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 de-
termines that the land is being developed or managed (or
is proposed to be developed or managed) in a manner in-
consistent with the purposes of this Act.
(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 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) 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. BORNITE PROJECT AREA.
(a) ADDITION OF BORNITE PROJECT AREA.—Lands
that are located within the Bornite Project Area shall be
added to the Preserve upon the occurrence of either of
the following events:
(1) The determination by the Director of the
Bureau of Land Management that the mining claims
on the lands are no longer valid and the conclusion
of all appeals, if any, resulting from the determina-
tion.
(2) The determination by the Director of the
Bureau of Land Management that all exploration,
mining, and reclamation activities, including the re-
lease of all reclamation bonds, on the mining claims
on the lands are completed.
(b) PROHIBITION ON PATENTS.—After the date of
the enactment of this Act, and subject to valid existing
rights, no patent shall be issued for any mining claim lo-
cated under the general mining laws within the Bornite
Project Area.
(c) SPECIAL USE PERMITS.—Nothing in this Act
shall be construed to interfere with the ability of the Sec-
retary to issue a special use permit in connection with ex-
ploration, mining, and mining-related activities in the
Bornite Project Area.
(d) ROADS, STRUCTURES, AND UTILITIES.—Roads,
structures, and utilities (including power lines and water
lines) shall be allowed inside the Preserve to serve activi-
ties conducted on land within the Bornite Project Area.
(e) EFFECT ON EXISTING ACTIVITIES.—Nothing in
this Act shall be construed to interfere with any explo-
ration, mining, or mining-related activity in the Bornite
Project Area conducted in accordance with applicable
laws.