Home > 104th Congressional Bills > S. 1662 (rs) To establish areas of wilderness and recreation in the State of Oregon, and for other purposes. [Reported in Senate] ...

S. 1662 (rs) To establish areas of wilderness and recreation in the State of Oregon, and for other purposes. [Reported in Senate] ...


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104th CONGRESS
  2d Session
                                S. 1662


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 1996

    Referred to the Committee on Resources, and in addition to the 
      Committees on Agriculture, and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 AN ACT


 
To establish areas of wilderness and recreation in the State of Oregon, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Resource Conservation Act of 
1996''.

       TITLE I--OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Opal Creek Wilderness and Opal 
Creek Scenic Recreation Area Act of 1996''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Bull of the woods wilderness.--The term ``Bull of the 
        Woods Wilderness'' means the land designated as wilderness by 
        section 3(4) of the Oregon Wilderness Act of 1984 (Public Law 
        98-328; 16 U.S.C. 1132 note).
            (2) Opal creek wilderness.--The term ``Opal Creek 
        Wilderness'' means certain land in the Willamette National 
        Forest in the State of Oregon comprising approximately 12,800 
        acres, as generally depicted on the map entitled ``Proposed 
        Opal Creek Wilderness and Scenic Recreation Area'', dated July 
        1996.
            (3) Scenic recreation area.--The term ``Scenic Recreation 
        Area'' means the Opal Creek Scenic Recreation Area, comprising 
        approximately 13,000 acres, as generally depicted on the map 
        entitled ``Proposed Opal Creek Wilderness and Scenic Recreation 
        Area'', dated July 1996 and established under section 104(a)(3) 
        of this title.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 103. PURPOSES.

    The purposes of this title are--
            (1) to establish a wilderness and scenic recreation area to 
        protect and provide for the enhancement of the natural, scenic, 
        recreational, historic and cultural resources of the area in 
        the vicinity of Opal Creek;
            (2) to protect and support the economy of the communities 
        in the Santiam Canyon; and
            (3) to provide increased protection for an important 
        drinking water source for communities served by the North 
        Santiam River.

SEC. 104. ESTABLISHMENT OF OPAL CREEK WILDERNESS AND SCENIC RECREATION 
              AREA.

    (a) Establishment.--On a determination by the Secretary under 
subsection (b)--
            (1) the Opal Creek Wilderness, as depicted on the map 
        described in section 102(2), is hereby designated as 
        wilderness, subject to the provisions of the Wilderness Act of 
        1964, shall become a component of the National Wilderness 
        System, and shall be know as the Opal Creek Wilderness;
            (2) the part of the Bull of the Woods Wilderness that is 
        located in the Willamette National Forest shall be incorporated 
        into the Opal Creek Wilderness; and
            (3) the Secretary shall establish the Opal Creek Scenic 
        Recreation Area in the Willamette National Forest in the State 
        of Oregon, comprising approximately 13,000 acres, as generally 
        depicted on the map described in section 102(3).
    (b) Conditions.--The designations in subsection (a) 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--
            (1) the following have been donated to the United States in 
        an acceptable condition and without encumbrances--
                    (A) 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;
                    (B) all right, title, and interest held by any 
                entity other than the Times Mirror Land and Timber 
                Company, 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
                    (C) 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.
            (2) 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 conditions for the 
        disposition of such interests to the United States Government--
                    (A) the lode mining claims known as Princess Lode, 
                Black Prince Lode, and King Number 4 Lode, embracing 
                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
                    (B) Ruth Quartz Mine Number 1, mineral survey 
                number 994, as described in patent number 39-91-0012, 
                dated February 12, 1991.
    (c) Additions to the Wilderness and Scenic Recreation Areas.--
            (1) Lands or interests in lands conveyed to the United 
        States under this section shall be included in and become part 
        of, as appropriate, Opal Creek Wilderness or the Opal Creek 
        Scenic Recreation Area.
            (2) On acquiring all or substantially all of the land 
        located in section 36, township 8 south, range 4 east, of the 
        Williamette Meridian, Marion County, Oregon, commonly known as 
        the Rosboro section by exchange, purchase from a willing 
        seller, or by donation, the Secretary shall expand the boundary 
        of the Scenic Recreation Area to include such land.
            (3) 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 Times 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.

SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION AREA.

    (a) In General.--The Secretary shall administer the Scenic 
Recreation Area in accordance with this title and the laws (including 
regulations) applicable to the National Forest System.
    (b) Opal Creek Management Plan.--
            (1) 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 
        section 106(a), shall prepare a comprehensive Opal Creek 
        Management Plan (Management Plan) for the Scenic Recreation 
        Area.
            (2) Incorporation in land and resource management plan.--
        Upon its completion, the Opal Creek Management Plan shall 
        become part of the land and resource management plan for the 
        Williamette 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 Management 
        Act or regulations promulgated under those Acts, or any other 
        law.
            (3) Requirements.--The Opal Creek Management Plan shall 
        provide for a broad range of land uses, including--
                    (A) recreation;
                    (B) harvesting of nontraditional forest products, 
                such as gathering mushrooms and material to make 
                baskets; and
                    (C) educational and research opportunities.
            (4) 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 
        title.
    (c) Recreation.--
            (1) Recognition.--Congress recognizes recreation as an 
        appropriate use of the Scenic Recreation Area.
            (2) Minimum levels.--The management plan shall permit 
        recreation activities at not less than the levels in existence 
        on the date of enactment of this title.
            (3) 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 title if such uses are consistent 
        with the protection of the resource values of Scenic Recreation 
        Area.
            (4) Public trail access.--The management plan may include 
        public trail access through section 28, township 8 south, range 
        5 east, Willamette Meridian, to Battle Axe Creek, Opal Pool and 
        other areas in the Opal Creek Wilderness and the Opal Creek 
        Scenic Recreation Area.
    (d) Transportation Planning.--
            (1) In general.--Except as provided in this subparagraph, 
        motorized vehicles shall not be permitted in the Scenic 
        Recreation Area. To maintain reasonable motorized and other 
        access to recreation sites and facilities in existence on the 
        date of enactment of this title, the Secretary shall prepare a 
        transportation plan for the Scenic Recreation Area that--
                    (A) evaluates the road network within the Scenic 
                Recreation Area to determine which roads should be 
                retained and which roads should be closed;
                    (B) provides guidelines for transportation and 
                access consistent with this title;
                    (C) considers the access needs of persons with 
                disabilities in preparing the transportation plan for 
                the Scenic Recreation Area;
                    (D) allows forest road 2209 beyond the gate to the 
                Scenic Recreation Area, as depicted on the map 
                described in 102(2), to be used by motorized vehicles 
                only for administrative purposes and for access by 
                private inholders, subject to such terms and conditions 
                as the Secretary may determine to be necessary; and
                    (E) restricts construction on or improvements to 
                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 
                title, which shall not include paving or widening. In 
                order to comply with subsection 107(b) of this title, 
                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 title.
    (e) Hunting and Fishing.--
            (1) In general.--Subject to applicable Federal and State 
        law, the Secretary shall permit hunting and fishing in the 
        Scenic Recreation Area.
            (2) Limitation.--The Secretary may designate zones in 
        which, and establish periods when, no hunting or fishing shall 
        be permitted for reasons of public safety, administration, or 
        public use and enjoyment of the Scenic Recreation Area.
            (3) 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.
    (f) Timber Cutting.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall prohibit the cutting and/or selling of trees in the 
        Scenic Recreation Area.
            (2) Permitted cutting.--
                    (A) In general.--Subject to subparagraph (B), 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 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.
                    (B) Salvage sales.--The Secretary may not allow a 
                salvage sale in the Scenic Recreation Area.
    (g) Withdrawal.--Subject to valid existing rights, all lands in the 
Scenic Recreation Area are withdrawn from--
            (1) any form of entry, appropriation, or disposal under the 
        public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under the mineral and geothermal leasing 
        laws.
    (h) Bornite Project.--
            (1) Nothing in this title shall be construed to interfere 
        with or approve any exploration, mining, or mining-related 
        activity in the Bornite Project Area, depicted on the map 
        described in subsection 102(3), conducted in accordance with 
        applicable laws.
            (2) Nothing in this title shall be construed to interfere 
        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.
            (3) 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.
            (4) After the date of enactment of this title, no patent 
        shall be issued for any mining claim under the general mining 
        laws located within the Bornite Project Area.
    (i) Water Impoundments.--Notwithstanding the Federal Power Act (16 

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