[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9649-S9660]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
OREGON RESOURCE CONSERVATION ACT OF 1996 OPAL CREEK WILDERNESS AND OPAL
CREEK SCENIC RECREATION AREA ACT OF 1996
Mr. HATFIELD. Mr. President, I ask unanimous consent to bring up S.
1662, which has been cleared on both sides.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The assistant legislative clerk read as follows:
A bill (S. 1662) to establish areas of wilderness and
recreation in the State of Oregon, and for other purposes.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the
bill which had been reported from the Committee on Energy and Natural
Resources, with an amendment to strike all after the enacting clause
and inserting in lieu thereof the following:
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
June 1996.
(3) Scenic recreation area.--The term ``Scenic Recreation
Area'' means the Opal Creek Scenic Recreation Area,
comprising approximately 13,000 acres, established under
section 103(a)(3).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Counties.--The term ``counties'' means Marion and
Clackamas Counties in the State of Oregon.
SEC. 103. 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 Wilderness Act of 1964, shall
become a component of the National Wilderness System, and
shall be known 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 entitled ``Proposed Opal Creek
Wilderness and Scenic Recreation Area'', dated June 1996.
(b) Conditions.--Subsection (a) shall not take effect
unless the Secretary makes a determination, not later than 2
years after the date of enactment of this Act, that:
(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, and 8, and 13 mining claims.
(C) A public 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.
(2) a binding agreement has been executed by the Secretary
and the owners of record as of March 29, 1996, of the
following parcels, specifying the terms and conditions for
the disposition of these parcels 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.
(B) Ruth Quartz Mine Number 1, mineral survey number 994,
as described in patent number 39-91-0012, dated February 12,
1991.
(c) Expansion of Scenic Recreation Area Boundaries.--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, by exchange, purchase on a
willing seller basis, or donation, the Secretary shall expand
the boundary of the Scenic Recreation Area to include the
land.
SEC. 104. ADMINISTRATION OF THE SCENIC RECREATION AREA.
(a) In General.--The Secretary shall administer the Scenic
Recreation Area in accordance with 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 105(a), shall prepare a comprehensive Opal Creek
Management Plan for the Scenic Recreation Area.
(2) Incorporation in land and resource management plan.--On
completion of the Opal Creek Management Plan, 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 the land and resource
management plan.
(3) Requirements.--The Opal Creek Management Plan shall
provide 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) Cultural and Historic Resource Inventory.--
(1) 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 that were developed pursuant to the Oregon
Wilderness Act of 1984 (Public Law 98-328; 98 Stat. 272).
(2) 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 factually-based interpretation of the
cultural, ecological, and industrial history of forestry and
mining in the Scenic Recreation Area.
(d) Transportation Planning.--
(1) In general.--To maintain access to recreation sites and
facilities in existence on the date of enactment of this Act,
the Secretary shall prepare a transportation plan for the
Scenic Recreation Area that evaluates the road network within
the Scenic Recreation Area to determine which roads should be
retained and which roads closed.
(2) Access by persons with disabilities.--The Secretary
shall consider the access needs of persons with disabilities
in preparing the transportation plan for the Scenic
Recreation Area.
(3) Motor vehicles.--
(A) In general.--Except as provided in subparagraph (B) and
in the transportation plan under paragraph (1), motorized
vehicles shall not be permitted in the Scenic Recreation
Area.
(B) Exception.--Forest road 2209 beyond the gate to the
Scenic Recreation Area, as depicted on the map described in
section 103(a)(3), may be used by motorized vehicles only for
administrative purposes and for access to a private
inholding, subject to such terms and conditions as the
Secretary may determine to be necessary.
(4) Road improvement.--Any construction or improvement of
forest road 2209 beyond the gate to the Scenic Recreation
Area shall be only for the purpose of maintaining the
character of the road at the time of enactment and may not
include paving or widening.
(e) Hunting and Fishing.--
(1) In general.--Subject to other 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.
(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 section.
(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--
[[Page S9650]]
(i) for public safety, such as to control the 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.
(1) Subject to valid existing rights, all lands in the
Scenic Recreation Area are withdrawn from--
(A) any form of entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining laws; and
(C) 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 conducted in accordance
with applicable laws. The Bornite Project Area is depicted on
the map described in section 103(a)(3).
(2) Nothing in this title shall be construed to interfere
with the ability of the Secretary to approve and issue
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)
shall 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 U.S.C. 791a et seq.), the Federal Energy Regulatory
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 (h).
(j) Recreation.--
(1) Recognition.--Congress recognizes recreation as an
appropriate use of the Scenic Recreation Area.
(2) Minimum levels.--The management plan shall accommodate
recreation at not less than the levels in existence on the
date of enactment of this Act.
(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 Act if the levels are
consistent with the protection of resource values.
(k) Participation.--In order 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:
(1) Advisory council.--The Secretary shall consult on a
periodic and regular basis with the advisory council
established under section 105 with respect to matters
relating to management of the Scenic Recreation Area.
(2) Public participation.--The Secretary shall seek the
views of private groups, individuals, and the public
concerning the Scenic Recreation Area.
(3) 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.
(4) Nonprofit agencies and organizations.--The Secretary
shall seek the views of any nonprofit agency or organization
that may contribute information or expertise about the
resources and the management of the Scenic Recreation Area.
SEC. 105. ADVISORY COUNCIL.
(a) Establishment.--On the establishment of the Scenic
Recreation Area, the Secretary shall establish an advisory
council for the Scenic Recreation Area.
(b) Membership.--The advisory council shall consist of not
more than 13 members, of whom--
(1) 1 member shall represent Marion County, Oregon, and
shall be designated by the governing body of the county;
(2) 1 member shall represent Clackamas County, Oregon and
shall be designated by the governing body of the county;
(3) 1 member shall represent the State of Oregon and shall
be designated by the Governor of Oregon; and
(4) 1 member each from the City of Salem and a city within
a 25 mile radius of the Opal Creek Scenic Recreation Area.
(5) not more than 8 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 Recreation Area,
including, but not limited to, representatives of the timber
industry, environmental organizations, the mining industry,
inholders in the wilderness and scenic recreation area, and
economic development interests and Indian Tribes.
(c) Staggered Terms.--Members of the advisory council shall
serve for staggered terms of 3 years.
(d) Chairman.--The Secretary shall designate 1 member of
the advisory council as chairman.
(e) Vacancies.--The Secretary shall fill a vacancy on the
advisory council in the same manner as the original
appointment.
(f) Compensation.--A member of the advisory council shall
not receive any compensation for the member's service to the
advisory council.
SEC. 106. GENERAL PROVISIONS.
(a) Land Acquisition.--
(1) In general.--Subject to the other provisions of this
subsection, 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 title.
(2) 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.
(3) Condemnation.--Subject to paragraph (4), the Secretary
may not acquire any privately owned land or interest in land
without the consent of the owner unless the Secretary finds
that--
(A) 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
(B) 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 management plan prepared under
section 104(b).
(b) Environmental Response Actions and Cost Recovery.--
(1) Response actions.--Nothing in this title 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.).
(2) Liability.--Nothing in this title 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.
(c) Maps and Description.--
(1) 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.
(2) Force and effect.--The boundary description and map
shall have the same force and effect as if the description
and map were included in this title, except that the
Secretary may correct clerical and typographical errors in
the boundary description and map.
(3) 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.
(d) Nothing in this title shall interfere with any activity
for which a special use permit has been issued and not
revoked before the date of enactment of this title, subject
to the terms of the permit.
SEC. 107. ROSBORO LAND EXCHANGE.
(a) Authorization.--Notwithstanding any other law, if the
Rosboro Lumber Company (referred to in this section as
``Rosboro'') offers and conveys title to the United States
acceptable to the Secretary of Agriculture to the land
described in subsection (b), all right, title and interest
held by the United States to sufficient lands described in
subsection (c) of equivalent equal value are conveyed by
operation of law to Rosboro.
(b) Land To Be Offered by Rosboro.--The land referred to in
subsection (a) as the land to be offered by Rosboro is the
land described as follows: Section 36, township 8 south,
range 4 east, Willamette Meridian.
(c) Land To Be Conveyed by the United States.--The land
referred to in subsection (a) as the land to be conveyed by
the United States is the land described as follows:
(1) Section 2, township 17 south, range 4 east, lot 3
(29.28 acres).
(2) Section 2, township 17 south, range 4 east, NW\1/4\,
SE\1/4\ (40 acres).
(3) Section 13, township 17 south, range 4 east, S\1/2\,
SE\1/4\ (80 acres).
(4) Section 2, township 17 south, range 4 east, SW\1/4\,
SW\1/4\ (40 acres).
(5) Section 8, township 17 south, range 4 east, SE\1/4\,
SW\1/4\ (40 acres).
(6) Section 5, township 17 south, range 4 east, lot 7
(37.63 acres).
(7) Section 11, township 17 south, range 4 east, W\1/2\,
NW\1/4\ (80 acres).
(d) The values of lands to be exchanged pursuant to this
subsection shall be equal as determined by the Secretary of
Agriculture, or if they are not equal, shall be equalized by
additional lands or by the payment of money to Rosboro or to
the Secretary subject to the 25 per centum cash equalization
limitation of section 206 of the Federal Land Policy and
Management Act of 1976, as amended (43 U.S.C. 1716).
(e) Timetable.--The authority provided by this section
shall lapse if Rosboro fails to offer the land described in
subsection (b) within two years after the date of enactment
of this Act. If Rosboro does offer the land described in
subsection (b) within such two-year period, the Secretary
shall within 180 days convey the land described in subsection
(c) to Rosboro.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
SEC. 108. 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.--Elkhorn Creek from its source to
its confluence on Federal land to be administered by agencies
of the Departments of the Interior and Agriculture as agreed
[[Page S9651]]
on by the Secretary of the Interior and the Secretary of
Agriculture or as directed by the President. Notwithstanding
subsection 3(b), the lateral boundaries of the Elkhorn River
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.
``(B) 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 it 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, extended 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 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 it
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 Secretary of
the Interior, or as directed by the President.
``(C) Notwithstanding section 3(b) of this Act, the lateral
boundaries 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.''.
SEC. 109. ECONOMIC DEVELOPMENT.
(a) Economic Development Plan.--As a condition for
receiving funding under subsection (b) of this section, the
State of Oregon, in consultation with the counties and the
Secretary of Agriculture, shall develop a plan for economic
development projects for which grants under this section may
be used in a manner consistent with this Act and to benefit
local communities in the vicinity of the Opal Creek Area.
Such plan shall be based on a formal economic opportunity
study and other appropriate information.
(b) Funds Provided to the States for Grants.--Upon
certification of the management plan, and receipt of a plan
referred to in subsection (a) of this section, the Secretary
shall provide $15,000,000, subject to appropriations, to the
State of Oregon which shall be used to make grants and loans
for economic development projects that further the purposes
of this Act and benefit the local communities in the vicinity
of the Opal Creek Area.
(c) Report.--The State of Oregon shall--
(1) prepare and provide the Secretary and Congress with an
annual report to the Secretary and Congress on the use of the
funds made available under this section;
(2) make available to the Secretary and to Congress, upon
request, all accounts, financial records, and other
information related to grants and loans made available
pursuant to this section; and
(3) as loans are repaid, make additional grants and loans
with the money made available for obligation by such
repayments.
TITLE II--UPPER KLAMATH BASIN
SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION
PROJECTS.
(a) Definitions.--In this section:
(1) Ecosystem restoration office.--The term ``Ecosystem
Restoration Office'' means the Klamath Basin Ecosystem
Restoration Office operated cooperatively by the United
States Fish and Wildlife Service, Bureau of Reclamation,
Bureau of Land Management, and Forest Service.
(2) Working group.--The term ``Working Group'' means the
Upper Klamath Basin Working Group, established before the
date of enactment of this Act, consisting of members
nominated by their represented groups, including:
(A) 3 tribal members;
(B) 1 representative of the city of Klamath Falls, Oregon;
(C) 1 representative of Klamath County, Oregon;
(D) 1 representative of institutions of higher education in
the Upper Klamath Basin;
(E) 4 representatives of the environmental community,
including at least one such representative from the State of
California with interests in the Upper Klamath Basin Wildlife
Refuges;
(F) 4 representatives of local businesses and industries,
including at least one representative of the ocean commercial
fishing industry and/or recreational fishing industry based
in either Oregon or California;
(G) 4 representatives of the ranching and farming
community, including representatives of Federal lease-land
farmers and ranchers and of private land farmers and ranchers
in the Upper Klamath Basin;
(H) 2 representatives from State of Oregon agencies with
authority and responsibility in the Klamath River Basin,
including one from the Oregon Department of Fish and Wildlife
and one from the Oregon Water Resources Department;
(I) 4 representatives from the local community; and
(J) 1 representative each from the following Federal
resource management agencies in the Upper Klamath Basin: Fish
and Wildlife Service, Bureau of Reclamation, Bureau of Land
Management, Bureau of Indian Affairs, Forest Service, Natural
Resources Conservation Service, and Ecosystem Restoration
Office.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Task force.--The term ``Task Force'' means the Klamath
River Basin Fisheries Task Force as established by the
Klamath River Basin Fishery Resource Restoration Act (Public
Law 99-552, 16 U.S.C. 460ss-3, et seq.).
(5) Compact commission.--The term ``Compact Commission''
means the Klamath River Basin Compact Commission created
pursuant to the Klamath River Compact Act of 1954.
(6) Consensus.--The term ``consensus'' means a unanimous
agreement by the Working Group members present at a regularly
scheduled business meeting.
(b) In general.--
(1) The working Group through the Ecosystem Restoration
Office, with technical assistance from the Secretary, will
propose ecological restoration projects, economic development
and stability projects, and projects designed to reduce the
impacts of drought conditions to be undertaken in the Upper
Klamath Basin based on a consensus of the Working Group
membership.
(2) The Secretary shall pay, to the greatest extent
feasible, up to 50 percent of the cost of performing any
project approved by the Secretary or his designee, up to a
total amount of $1,000,000 during each of fiscal years 1997
through 2001.
(3) Funds made available under this title through the
Department of the Interior or the Department of Agriculture
shall be distributed through the Ecosystem Restoration
Office.
(4) The Ecosystem Restoration Office may utilize not more
than 15 percent of all Federal funds administered under this
section for administrative costs relating to the
implementation of this title.
(5) All funding recommendations developed by the Working
Group shall be based on a consensus of Working Group members.
(c) Coordination.--
(1) The Secretary shall formulate a cooperative agreement
between the Working Group, the Task Force, and the Compact
Commission for the purposes of ensuring that projects
proposed and funded through the Working Group are consistent
with other basin-wide fish and wildlife restoration and
conservation plans, including but not limited to plans
developed by the Task Force and the Compact Commission.
(2) To the greatest extent practicable, the Working Group
shall provide notice to, and accept input from, two members
each of the Task Force and the Compact Commission, so
appointed by those entities, for the express purpose of
facilitating better communication and coordination regarding
additional basin-wide fish and wildlife and ecosystem
restoration and planning efforts.
(d) Public Meetings.--The Working Group shall conduct all
meetings consistent with Federal open meeting and public
participation laws. The chartering requirements of 5 U.S.C.
App 2 Sec. Sec. 1-15 are hereby deemed to have been met by
this section;
(e) Terms and Vacancies.--Working Group members shall serve
for three year terms, beginning on the date of enactment of
this Act. Vacancies which occur for any reason after the date
of enactment of this Act shall be filled by direct
appointment of the Governor of the State of Oregon, in
consultation with the Secretary of Interior and the Secretary
of Agriculture, in accordance with nominations from the
appropriate groups, interests, and government agencies
outlined in section (a)(2).
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 1997 through 2002.
TITLE III--DESCHUTES BASIN
SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Working group.--The term ``Working Group'' means the
Deschutes River Basin Working Group established before the
date of enactment of this Act, consisting of members
nominated by their represented groups, including:
(A) 5 representatives of private interests including one
each from hydroelectric production, livestock grazing,
timber, land development, and recreation/tourism;
(B) 4 representatives of private interests including two
each from irrigated agriculture and the environmental
community;
(C) 2 representatives from the Confederated Tribes of the
Warm Springs Reservation of Oregon;
(D) 2 representatives from Federal Agencies with authority
and responsibility in the Deschutes River Basin, including
one from the Interior Department and one from the Agriculture
Department;
(E) 2 representatives from the State of Oregon agencies
with authority and responsibility in the Deschutes River
Basin, including one from the Oregon Department of Fish and
Wildlife and one from the Oregon Water Resources Department;
and
(F) 4 representatives from Deschutes River Basin county
and/or city governments, which may include representatives
from Deschutes, Crook, Jefferson, and Wasco/Sherman counties.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Federal agencies.--The term ``Federal Agencies'' means
agencies and departments of the United States, including, but
not limited to, the Bureau of Reclamation, Bureau of
Indian Affairs, Bureau of Land Management, Fish and
Wildlife Service, Forest Service, Natural Resources
Conservation Service, Farm Services Agency, the National
Marine Fisheries Service, and the Bonneville Power
Administration.
(4) Consensus.--The term ``consensus'' means a unanimous
agreement by the Working Group members present at a regularly
scheduled business meeting.
(b) In General.--
(1) The Working Group will propose ecological restoration
projects on both Federal and non-federal lands and waters to
be undertaken in
[[Page S9652]]
the Deschutes River Basin based on a consensus of the Working
Group, provided that such projects, when involving Federal
land or funds, shall be proposed to the Bureau of Reclamation
in the Department of the Interior and any other Federal
agency with affected land or funds.
(2) The Working Group will accept donations, grants or
other funds and place the amount of such funds received into
a trust fund, to be expended on the performance of ecological
restoration projects which, when involving federal land or
funds, are approved by the affected Federal Agency.
(3) The Bureau of Reclamation shall pay, to the greatest
extent feasible, from funds authorized under subsection (g)
of this Act up to 50 percent of the cost of performing any
project proposed by the Working Group and approved by the
Secretary, up to a total amount of $1,000,000 during each of
the fiscal years 1997 through 2001.
(4) Non-Federal contributions to project costs for purposes
of computing the Federal matching share under paragraph (3)
of this subsection may include in-kind contributions.
(5) Funds authorized in subsection (g) of this section
shall be maintained in and distributed by the Bureau of
Reclamation in the Department of the Interior. The Bureau of
Reclamation shall not expend more than 5 percent of amounts
appropriated pursuant to subsection (g) for Federal
administration of such appropriations pursuant to this Act.
(6) The Bureau of Reclamation is authorized to provide by
grant to the Working Group not more than 5 percent of funds
appropriated pursuant to subsection (g) of this section for
not more than 50 percent of administrative costs relating to
the implementation of this title; and
(7) The Federal Agencies with authority and responsibility
in the Deschutes River Basin shall provide technical
assistance to the Working Group and shall designate
representatives to serve as members of the Working Group.
(8) All funding recommendations developed by the Working
Group shall be based on a consensus of the Working Group
members.
(c) Public Notice and Participation.--The Working Group
shall give reasonable public notice of all meetings of the
Working Group and allow public attendance at the meetings.
The activities of the Working Group and the Federal Agencies
pursuant to the provisions of this Act are exempt from the
provisions of 5 U.S.C. App 2 Sec. Sec. 1-15.
(d) Priorities.--The Working Group shall give priority to
voluntary market-based economic incentives for ecosystem
restoration including, but not limited to, water leases and
purchases; land leases and purchases; tradable discharge
permits; and acquisition of timber, grazing, and land
development rights to implement plans, programs, measures,
and projects.
(e) Terms and Vacancies.--Members of the Working Group
representing governmental agencies or entities shall be named
by the represented government. Members of the Working Group
representing private interests shall be named in accordance
with the Articles of Incorporation and Bylaws of the Working
Group. Representatives from Federal Agencies will serve for
terms of 3 years. Vacancies which occur for any reason after
the date of enactment shall be filled in accordance with this
section.
(f) Additional Projects.--Where existing authority and
appropriations permit, Federal Agencies may contribute to the
implementation of projects recommended by the Working Group
and approved by the Secretary.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this sections $1,000,000 for
each of fiscal years 1997 through 2001.
TITLE IV--MOUNT HOOD CORRIDOR
SEC. 401. LAND EXCHANGE.
(a) Authorization.--Notwithstanding any other law, if
Longview Fibre Company (referred to in this section as
``Longview'') offers and conveys title that is acceptable to
the United States to some or all of the land described in
subsection (b), the Secretary of the Interior (referred to in
this section as the ``Secretary'') shall convey to Longview
title to some or all of the land described in subsection (c),
as necessary to satisfy the requirements of subsection (d).
(b) Land To Be Offered by Longview.--The land referred to
in subsection (a) as the land to be offered by Longview is
the land described as follows:
(1) T. 2 S., R. 6 E., sec. 13--E\1/2\SW\1/4\, W\1/2\SE\1/
4\, containing 160 record acres, more or less;
(2) T. 2 S., R. 6 E., sec. 14--All, containing 640 record
acres, more or less;
(3) T. 2 S., R. 6 E., sec. 16--N\1/2\, SW\1/4\, N\1/2\SE\1/
4\, SW\1/4\SE\1/4\, containing 600 record acres, more or
less;
(4) T. 2 S., R. 6 E., sec. 26--NW\1/4\, N\1/2\SW\1/4\,
SW\1/4\SW\1/4\, NW\1/4\SE\1/4\; (and a strip of land to be
used for right-of-way purposes in sec. 23), containing 320
record acres, more or less;
(5) T. 2 S., R. 6 E., sec. 27--S\1/2\NE\1/4\NE\1/4\, NW\1/
4\NE\1/4\, SE\1/4\NE\1/4\, NW\1/4\NW\1/4\, containing 140
record acres, more or less;
(6) T. 2 S., R. 6 E., sec. 28--N\1/2\, Except a tract of
land 100 feet square bordering and lying west of Wild Cat
Creek and bordering on the north line of sec. 28, described
as follows: Beginning at a point on the west bank of Wild Cat
Creek and the north boundary of sec. 28, running thence W.
100 feet, thence S. 100 feet parallel with the wet bank of
Wild Cat Creek, thence E. to the west bank of Wild Cat Creek,
thence N. along said bank of Wild Cat Creek to the point of
beginning, also excepting that portion of the NW\1/4\NW\1/4\
lying east of Wildcat Creek, containing 319.77 record acres,
more or less;
(7) T. 2 S., R. 7 E., sec. 19--E\1/2\SW\1/4\, SW\1/4\SE\1/
4\, Except a tract of land described in deed recorded on
August 6, 1991, as Recorder's Fee No. 91-39007, and except
the portion lying within public roads, containing 117.50
record acres, more or less;
(8) T. 2 S., R. 7 E., sec. 20--S\1/2\SW\1/4\SW\1/4\,
containing 20 record acres, more or less;
(9) T. 2 S., R. 7 E., sec. 27--W\1/2\SW\1/4\, containing 80
record acres, more or less;
(10) T. 2 S., R. 7 E., sec. 28--S\1/2\, containing 320
record acres, more or less;
(11) T. 2 S., R. 7 E., sec. 29--SW\1/4\NE\1/4\, W\1/2\SE\1/
4\NE\1/4\, NW\1/4\, SE\1/4\, containing 380 record acres,
more or less;
(12) T. 2 S., R. 7 E., sec. 30--E\1/2\NE\1/4\, NW\1/4\NE\1/
4\, Except the portion lying within Timberline Rim Division
4, and except the portion lying within the county road,
containing 115 record acres, more or less;
(13) T. 2 S., R. 7 E., sec. 33--N\1/2\NE\1/4\, E\1/2\NW\1/
4\NW\1/4\, NE\1/4\SW\1/4\NW\1/4\, containing 110 record
acres, more or less;
(14) T. 3 S., R. 5 E., sec. 13--NE\1/4\SE\1/4\, containing
40 record acres, more or less;
(15) T. 3 S., R. 5 E., sec. 26--The portion of the E\1/
2\NE\1/4\ lying southerly of Eagle Creek and northeasterly of
South Fork Eagle Creek, containing 14 record acres, more or
less;
(16) T. 3 S., R. 5 E., sec. 25--The portion of the N\1/
2\SW\1/4\ lying northeasterly of South Fork Eagle Creek,
containing 36 record acres, more or less; and
(17) T. 6 S., R. 2 E., sec. 4--SW\1/4\, containing 160.00
record acres, more or less.
(c) Land To Be Conveyed by the Secretary.--The land
referred to in subsection (a) as the land to be conveyed by
the Secretary is the land described as follows:
(1) T. 1 S., R. 5 E., sec. 9--SE\1/4\NE\1/4\, SE\1/4\SE\1/
4\, containing 80 record acres, more or less;
(2) T. 2 S., R. 5 E., sec. 33--NE\1/4\NE\1/4\, containing
40 record acres, more or less.
(3) T. 2\1/2\ S., R. 6 E., sec. 31--Lots 1-4, incl.
containing 50.65 record acres, more or less;
(4) T. 2\1/2\ S., R. 6 E., sec. 32--Lots 1-4, incl.
containing 60.25 record acres, more or less;
(5) T. 3 S., R. 5 E., sec. 1--NE\1/4\SW\1/4\, SE\1/4\,
containing 200 record acres, more or less;
(6) T. 3 S., R. 5 E., sec. 9--S\1/2\SE\1/4\, containing 80
record acres, more or less;
(7) T. 3 S., R. 5 E., sec. 17--N\1/2\NE\1/4\, containing 80
record acres, more or less;
(8) T. 3 S., R. 5 E., sec. 23--W\1/2\NW\1/4\, NW\1/4\SW\1/
4\, containing 120 record acres, more or less;
(9) T. 3 S., R. 5 E., sec. 25--The portion of the S\1/
2\S\1/2\, SW\1/4\NW\1/4\ lying southwesterly of South Fork
Eagle Creek, containing 125 record acres, more or less;
(10) T. 3 S., R. 5 E., sec. 31--Unnumbered lot (SW\1/
4\SW\1/4\), containing 40.33 record acres, more or less;
(11) T. 7 S., R. 1 E., sec. 23--SE\1/4\SE\1/4\, containing
40 record acres, more or less;
(12) T. 10 S., R. 2 E., sec. 34--SW\1/4\SW\1/4\, containing
40 record acres, more or less;
(13) T. 10 S., R. 4 E., sec. 9--NW\1/4\NW\1/4\, containing
40 record acres, more or less;
(14) T. 4 N., R. 3 W., sec. 35--W\1/2\SW\1/4\, containing
80 record acres, more or less;
(15) T. 3 N., R. 3 W., sec. 7--E\1/2\NE\1/4\, containing 80
record acres, more or less;
(16) T. 3 N., R. 3 W., sec. 9--SE\1/4\NW\1/4\, containing
40 record acres, more or less;
(17) T. 3 N., R. 3 W., sec. 17--S\1/2\NE\1/4\, containing
80 record acres, more or less;
(18) T. 3 N., R. 2 W., sec. 3--SW\1/4\NW\1/4\, containing
40 record acres, more or less;
(19) T. 2 N., R. 2 W., sec. 3--SE\1/4\SE\1/4\, containing
40 record acres, more or less; and
(20) T. 1 S., R. 4 W., sec. 15--SW\1/4\NE\1/4\, S\1/2\NW\1/
4\, containing 120 record acres, more or less.
(d) Equal Value.--The land and interests in land exchanged
under this section--
(1) shall be of equal market value; or
(2) shall be equalized using nationally recognized
appraisal standards, including, to the extent appropriate,
the Uniform Standards for Federal Land Acquisition, the
Uniform Standards of Professional Appraisal Practice, 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.
(e) Redesignation of Land To Maintain Revenue Flow.--So as
to maintain the current flow of revenue from land subject to
the Act entitled ``An Act relating to the revested Oregon and
California Railroad and reconveyed Coos Bay Wagon Road grant
land situated in the State of Oregon'', approved August 28,
1937 (43 U.S.C. 1181a et seq.), the Secretary may redesignate
public domain land located in and west of range 9 east,
Willamette Meridian, Oregon, as land subject to that Act.
(f) Timetable.--The exchange directed by this section shall
be consummated not later than 1 year after the date of
enactment of this Act.
(g) Withdrawal of Lands.--All lands managed by the
Department of the Interior, Bureau of Land Management,
located in townships 2 and 3 south, ranges 6 and 7 east,
Willamette Meridian, which can be seen from the right of way
of Oregon State Highway 26 (referred to in this section as
the ``Mt. Hood Corridor''), shall be managed primarily for
the protection of important scenic values. Management
prescriptions for other resource values associated with these
lands shall be planned and conducted for purposes other than
timber harvest, so as not to impair scenic quality.
(h) Timber Harvest.--Timber harvest may be conducted in the
Mt. Hood Corridor after the occurrence of a resource-damaging
catastrophic event. Such harvest, and any additional timber
harvest, may only be conducted to achieve the following
resource management objectives, in compliance with the
current land use plans--
(1) to maintain safe conditions for the visiting public;
(2) to control the continued spread of forest fire;
(3) for activities related to administration of the Mt.
Hood corridor; or
[[Page S9653]]
(4) for removal of hazard trees along trails and roadways.
(i) Road Closure.--The forest road gate located on Forest
Service Road 2503, located in T. 2 S., R. 6 E., sec. 14,
shall remain gated and locked to protect resources and
prevent illegal dumping and vandalism in the Mt. Hood
Corridor. Access to this road shall be limited to--
(1) Federal and State officers and employees acting in an
official capacity;
(2) employees and contractors conducting authorized
activities associated with the telecommunication sites
located in T. 2 S., R. 6 E., sec. 14; and
(3) the general public for recreational purposes, except
that all motorized vehicles will be prohibited.
(j) NEPA Exemption.--Notwithstanding any other provision of
law, the National Environmental Policy Act of 1969 (Public
Law 91-190) shall not apply to this section.
(k) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
TITLE V--COQUILLE TRIBAL FOREST
SEC. 501. CREATION OF THE COQUILLE FOREST.
(a) The Coquille Restoration Act (Public Law 101-42) is
amended by inserting at the end of section 5 the following:
``(d) Creation of the Coquille Forest.--
``(1) Within 90 days of the enactment of this title, the
Secretary of Interior is authorized to and shall, in
accordance with this title and in consultation with the
Coquille Tribe of Coos County, Oregon, designate
approximately five thousand acres of forest lands in Coos
County, Oregon, to which the United States holds title,
located in the historic territory of the Coquille Indian
people, as the Coquille Forest.
``(2) A map showing the Federal portions of these sections
designated as the Coquille Forest, and such additional legal
descriptions which are applicable, shall within 180 days of
the date of enactment of this title, be prepared by the
Secretary in consultation with the Tribe and placed on file
at the local District Office of the Bureau of Land
Management, the Agency Office of the Bureau of Indian
Affairs, and with the Senate Committee on Energy and Natural
Resources and the House Committee on Resources.
``(3) Two years from the date of enactment of this
subsection, the Secretary shall transfer lands designated
under subsection (d)(1), to the Bureau of Indian Affairs, to
be held in trust, in perpetuity, for the Coquille Tribe. As
Indian trust forest lands, the Secretary of Interior, acting
through the Assistant Secretary for Indian Affairs shall
manage these lands under applicable forestry laws and in a
manner consistent with the standards and guidelines of
Federal forest plans on adjacent lands. The Secretary and the
Tribe may authorize management of the Coquille Forest
consistent with the Coquille Forest management strategy
developed by the Independent Scientific Advisory Team and set
forth in the report entitled, ``A Forest Management Strategy
for the Proposed Coquille Forest'' dated August 31, 1995 and
including the December 20, 1995 Addendum.
``(4) From the date of enactment of this title until two
years after the date of enactment of this title, the Bureau
of Land Management shall:
``(A) retain Federal jurisdiction for the management of
lands designated under this title as the Coquille Forest; and
``(B) prior to advertising, offering or awarding any timber
sale contract on lands designated under this title as the
Coquille Forest, obtain the approval the Bureau of Indian
Affairs, which shall act on behalf of and in consultation
with the Coquille Tribe.
``(5) After completion of the transfer to the Bureau of
Indian Affairs, required in this subsection, the Secretary
may, pursuant to the Indian Self-Determination Act (25 U.S.C.
450 et seq.), enter into an Indian self-determination
agreement with the Coquille Indian Tribe. Such agreement
shall provide for the Tribe to carry out all or a portion of
the forest management program for the Coquille Forest. Prior
to entering such an agreement, and as a condition of
maintaining such an agreement, the Secretary must find that
the Coquille Tribe has entered into a Memorandum of Agreement
(MOA) with the State of Oregon, as required under subsection
(8) this title.
``(6) The Land designated under this title shall be subject
to valid existing rights, including all valid liens, rights-
of-way, licenses, leases, permits, and easements existing on
date of the enactment of this title. These lands will remain
open to public access for purposes of hunting, fishing,
recreation and transportation, except when closure is
required by state or Federal law.
``(7) Unprocessed logs harvested from the Coquille Forest
shall be subject to the same Federal statutory restrictions
on export to foreign Nations that apply to unprocessed logs
harvested from federal lands.
``(8) All sales of timber from land subject to this title
shall be advertised, offered and awarded in accordance with
the public bidding and contracting laws and procedures
applicable to the Bureau of Land Management.
``(9) The Coquille Tribe shall enter into a Memorandum of
Agreement (MOA) with the State of Oregon relating to the
establishment and management of the Coquille Forest. The MOA
shall include, but not be limited to, the terms and
conditions for preserving public access, continuing public
rights, advancing jointly-held resource management goals,
achieving Tribal restoration objectives and establishing a
coordinated management framework. Further, provisions set
forth in the MOA shall be consistent with Federal trust
responsibility requirements applicable to Indian trust lands.
The United States District Court for the District of Oregon
shall have jurisdiction over actions arising out of claims of
breach of the MOA.
``(10) So as to maintain the current flow of revenue from
land subject to the Act entitled ``An Act relating to the
revested Oregon and California Railroad and reconveyed Coos
Bay Wagon Road grant land situated in the State of Oregon'',
approved August 28, 1937 (43 U.S.C. 1181a et seq.), the
Secretary shall redesignate public domain land located in the
Coquille Tribe's service area, as defined in the Coquille
Tribal Restoration Act of 1989 (Public Law 101-42), as land
subject to that Act. In no event shall payments due to Coos
County, Oregon, under that Act be diminished as a result of
the land designations required pursuant to this title.
``(11) Within two years of the date of enactment of this
subsection, the Secretary shall complete a formal scientific
peer review of the management strategy developed by the
Independent Scientific Advisory Team and set forth in the
report entitled, ``A Forest Management Strategy for the
Proposed Coquille Forest'' dated August 31, 1995 and
including the December 20, 1995 Addendum.''.
TITLE VI--BULL RUN WATERSHED PROTECTION
Sec. 601. Section 2(a) of Public Law 95-200 is amended on
line 7 by striking ``2(b)'' and inserting in lieu thereof
``2(c)''.
Sec. 602. Public Law 95-200 is amended by adding a new
subsection 2(b) immediately after subsection 2(a), as
follows:
``(b) Timber Cutting.--
``(1) In general.--Subject to paragraph (2), the Secretary
of Agriculture shall prohibit the cutting of trees in that
part of the unit consisting of the hydrographic boundary of
the Bull Run River Drainage and as depicted in a map dated
June 1996 and entitled ``Bull Run River Drainage''.
``(2) Permitted cutting.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Agriculture shall prohibit the cutting of trees
in the area described in subparagraph (1).
``(B) Permitted cutting.--Subject to subparagraph (B), the
Secretary may allow the cutting of trees in the area
described in subparagraph (1)--
``(i) for the protection or enhancement of water quality in
the area described in subparagraph (1); or
``(ii) for the protection, enhancement, or maintenance of
water quantity available from the area described in
subparagraph (1); or
``(iii) for the construction, expansion, protection or
maintenance of municipal water supply facilities; or
``(iv) for the construction, expansion, protection or
maintenance of facilities for the transmission of energy
through and over the unit or previously authorized
hydroelectric facilities or hydroelectric projects associated
with municipal water supply facilities.
``(C) Salvage sales.--The Secretary of Agriculture may not
authorize a salvage sale in the area described in
subparagraph (1).''.
Sec. 603. Section 2(b) of Public Law 95-200 is amended by
inserting in the first line after (a) ``and (b)''.
Sec. 604. Section 2(b) of Public Law 95-200 is redesignated
as ``2(c)''.
Sec. 605. Redesignate the following subsections
accordingly.
TITLE VII--OREGON ISLANDS WILDERNESS, ADDITIONS
SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.
(a) In furtherance of the purposes of the Wilderness Act of
1964, certain lands within the boundaries of the Oregon
Islands National Wildlife Refuge, Oregon, comprising
approximately ninety-five acres and as generally depicted on
a map entitled ``Oregon Island Wilderness Additions--
Proposed'' dated June, 1996, are hereby designated as
wilderness. The map shall be on file and available for public
inspection in the offices of the Fish and Wildlife Service,
Department of the Interior.
(b) All other federally-owned named, unnamed, surveyed and
unsurveyed rocks, reefs, islets and islands lying within
three geographic miles off the coast of Oregon and above mean
high tide, not currently designated as wilderness and also
within the Oregon Islands National Wildlife Refuge boundaries
under the administration of the United States Fish and
Wildlife Service, Department of the Interior, as designated
by Executive Order 7035, Proclamation 2416, Public Land
Orders 4395, 4475 and 6287, and Public Laws 91-504 and 95-
450, are hereby designated as wilderness.
(c) As soon as practicable after this title takes effect, a
map of the wilderness area and a description of its
boundaries shall be filed with the Senate Committee on Energy
and Natural Resources and the House Committee on Resources,
and such map shall have the same force and effect as if
included in this title; provided, however, that correcting
clerical and typographical errors in the map and land
descriptions may be made.
(d) Public Land Order 6287 of June 16, 1982, which withdrew
certain rocks, reefs, inslets and islands lying within three
geographical miles off the coast of Oregon and above mean
high tide, including the ninety-five acres described in (a),
as an addition to the Oregon Islands National Wildlife Refuge
is hereby made permanent.
TITLE VIII--UMPQUA RIVER LAND EXCHANGE STUDY
SEC. 801. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND
DIRECTION.
(a) In General.--The Secretaries of the Interior and
Agriculture are hereby authorized and directed to consult,
coordinate and cooperate with the Umpqua Land Exchange
Project (ULEP), affected units and agencies of state and
local government, and, as appropriate, the World Forestry
Center and National Fish and
[[Page S9654]]
Wildlife Foundation, to assist ULEP's ongoing efforts in
studying and analyzing land exchange opportunities in the
Umpqua River basin and to provide scientific, technical,
research, mapping and other assistance and information to
such entities. Such consultation, coordination and
cooperation shall at a minimum include, but not be limited
to:
(1) Working with ULEP to develop or assemble comprehensive
scientific and other information (including comprehensive and
integrated mapping) concerning the Umpqua River basin's
resources of forest, plants, wildlife, fisheries (anadromous
and other), recreational opportunities, wetlands, riparian
habitat and other physical or natural resources.
(2) Working with ULEP to identify general or specific areas
within the basin where land exchanges could promote
consolidation of timberland ownership for long-term,
sustained timber production; protection and improvement of
habitat for plants, fish and wildlife (including any
federally listed threatened or endangered species); recovery
of threatened and endangered species; protection and
improvement of wetlands, riparian lands and other
environmentally sensitive areas; consolidation of land
ownership for improved public access and a broad array of
recreational uses; and consolidation of land ownership to
achieve management efficiency and reduced costs of
administration.
(3) Developing a joint report for submission to the
Congress which discusses land exchange opportunities in the
basin and outlines either a specific land exchange proposal
or proposals which may merit consideration by the Secretaries
or the Congress, or ideas and recommendations for new
authorizations, direction, or changes in existing law or
policy to expedite and facilitate the consummation of
beneficial land exchanges in the basin via administrative
means.
SEC. 802. REPORT TO CONGRESS.
(a) No later than February 1, 1998, ULEP and the
Secretaries of the Interior and Agriculture shall submit a
joint report to the Committee on Resources of the United
States House of Representatives and to the Committee on
Energy and Natural Resources of the United States Senate
concerning their studies, findings, ideas, recommendations,
mapping and other activities conducted pursuant to this Act.
(b) At a minimum, the report shall include:
(1) A complete analysis and discussion of issues, options
and alternatives considered with respect to the specific
study items set forth in Section 3(b) (1-7) of this Act and a
discussion of the perceived advantages, disadvantages, and
obstacles to implementation of such options and alternatives.
(2) Recommendations and mapping for specific land
exchanges, or the identifications and mapping of general
areas where exchanges should be considered.
(3) Recommendations, if any, for any changes in law or
policy that would authorize, expedite, or facilitate specific
land exchanges or facilitate general land exchange
procedures.
(4) Recommendations, if any, for special provisions of law
or policy that might be applied to specific areas of private
or Federal lands after consolidations of lands are completed
through land exchanges.
(5) Recommendations, if any, for new or enhanced sources of
Federal, state or other funding to promote improved resource
protection, recovery and management in the basin.
SEC. 803. AUTHORIZATION OF APPROPRIATIONS.
In furtherance of the purposes of this title, there is
hereby authorized to be appropriated the sum of $2 million.
Amendment No. 5150
Mr. HATFIELD. Mr. President, I understand that there is a substitute
amendment at the desk offered by myself and I ask for its immediate
consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Oregon [Mr. Hatfield] proposes an
amendment numbered 5150.
Mr. HATFIELD. Mr. President, I ask unanimous consent that further
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. HATFIELD. Mr. President, as my colleagues know, at the end of
this year, I will leave the Senate and return to the inviting shores of
Oregon. Oregon is the State of my birth and the State that I have
labored to represent for over four decades. It has never been a mystery
to me why so many have been drawn to my State. The rich pioneer spirit
of Oregon's citizenry is matched only by the blessings of the State's
bountiful natural treasures.
I am pleased to speak today about legislation that will ensure that
several of Oregon's most significant natural treasures will be
protected for future generations. This legislation, the Oregon
Resources Conservation Act, of which I am the proud sponsor, includes
eight titles addressing a host of natural resource issues. Many of the
issues within these titles have been the subject of great debate and
lingered unresolved for years.
The heart of this proposal is title one, which creates a 25,800-acre
Opal Creek Wilderness and National Scenic Recreation Area. Opal Creek
is one of the last remaining intact, low-elevation old growth forest
areas in Western Oregon. The Opal Creek title of the Oregon Resources
Conservation Act would create a 25,800-acre Opal Creek Wilderness and
National Scenic-Recreation Area. Of the 25,800 acres, 12,800 acres
would be designated as new wilderness to be managed under the
Wilderness Act of 1964, and 13,000 acres would be managed as a national
scenic-recreation area.
A great public debate has surrounded the Opal Creek issue for
decades. It is my firm hope that this is a debate we are about to
resolve. Opal Creek is a very special place, and I have always believed
the area merits permanent protection.
I sought to include protection for the area in my 1984 Oregon
wilderness bill, and again in my 1988 wild and scenic rivers bill. Both
times I was forced to remove the provision at the request of Oregon's
Governor. Representative Mike Kopetski made a bold effort to legislate
protection in 1994, but time ran out in the 103d Congress before final
action could be taken in the Senate.
Today, the entire 35,000 acre watershed that includes the Opal Creek
sub-basin is protected from commercial timber harvest under President
Clinton's forest plan. Timber companies have indicated to me that they
doubt commercial timber harvests will ever occur again in the drainage.
Similarly, environmentalists have indicated to me that they believe
there is no danger of harvests in the drainage in the foreseeable
future.
Surely this is an area fertile for agreement. It is time to show the
public some small sign of reconciliation in this continuing feud over
our natural resources. It was my hope that the Opal Creek Working
Group, which met over a period of 6 months with the assistance of a
professional mediator, would provide the agreement Oregonians of all
persuasions desire so much. While the working group failed to reach a
comprehensive agreement, areas of common interest and shared values
were uncovered, and the group's deliberations assisted me greatly in
developing this legislation.
This issue has lingered unresolved for far too long, and with this
legislation, we have an opportunity to settle it, once and for all.
The Opal Creek title of my legislation addresses each and every one
of the sub-watersheds in the Little North Fork Santiam River drainage,
either through a wilderness or a National Scenic Recreation Area
designation. By doing this, I have attempted to protect the outstanding
resource values in each of these sub-drainages, while at the same time
addressing the area comprehensively as an intact ecosystem.
Significant portions of the Cedar Creek sub-watershed have been
included, part in the Opal Creek Wilderness and part in the Scenic
Recreation Area. This protection includes approximately three-quarters
of the old growth in the sub-watershed. The five sections that comprise
the center of the area include private interests. The presence of these
private interests has made this area one of the most difficult to
resolve. Through the cooperation of the Rosboro Lumber Co. and the
Forest Service, we have provided the framework for a very directed land
exchange. This exchange will allow this full section, approximately 640
acres, to be included in the Scenic Recreation Area. In exchange,
Rosboro will receive sufficient parcels to accomplish an equal value
exchange. The prioritized list of parcels provided in the S. 1662
represent parcels which border, many on three sides, land already owned
by Rosboro.
One important part of this protection is the designation of Elkhorn
Creek as Oregon's newest wild and scenic river. This designation will
protect nearly the full length of the Elkhorn as it moves from land
managed by the Forest Service to land managed by the Bureau of Land
Management. The BLM manages approximately three sections through which
the Elkhorn flows. It is my intent that the full amount of these three
sections be included in the wild and scenic designation. The language
in the bill has been written to accomplish that result. The BLM
portions are designated as ``scenic'', while
[[Page S9655]]
the Forest Service portions are designated as ``wild''. This
distinction is provided for to allow the BLM to put in a trail head and
viewpoint for recreationalists to view this very special area.
In addition to addressing the protection of the entire watershed, the
Opal Creek title of this bill maintains recreation at existing levels
and allows for growth in uses where appropriate. The bill also calls
for historical, cultural, and ecological interpretation in the newly
created area to be conducted in a balanced and factually accurate
manner. Motorized recreation will be prohibited except on the existing
road system and nonmotorized use will be permitted throughout the area,
except, of course, in the wilderness. The existing road system will be
analyzed and evaluated through a management planning process, which
will decide which roads to close and which to leave open. No new water
impoundments will be allowed in this area. No new mining claims will be
allowed to be filed under the 1872 Mining Law, and no existing claims
will be allowed to be patented. In addition, the bill calls for the
creation of an advisory council composed of members of the local
community, industry, environmental groups, locally elected officials,
the Forest Service and an appointee by the Governor. Finally, the bill
will not allow commercial timber harvesting of any kind in the Opal
Creek area except to prevent the spread of a forest fire or to protect
public health and safety. It is important to note that the lands
covered by my legislation are not included now in the timber base and
are not currently open to commercial harvest.
The final element of the Opal Creek package, Mr. President, was an
important part of the working group's discussions. I am referring to an
economic development package for the Santiam Canyon, which includes the
communities immediately adjacent to the Opal Creek area. This package
is based, primarily, on a set of infrastructure improvements developed
by these communities in conjunction with the State Economic Development
Office, which are designed to improve the water quality and delivery
systems of the communities in the area. It is also my intention that
the funding allowed here would be available for cleanup and
transportation costs related to the Amalgamated Mill site in the Opal
Creek area on Battle Ax Creek.
I have made the first down payment on this economic commitment
package by including a $300,000 appropriation in the fiscal year 1996
Omnibus Appropriations Act to help begin the cleanup of the
contaminated Amalgamated Mill site. There is a continuing discussion of
the best way to accomplish the cleanup of this site at the earliest
possible date and in a manner that does not endanger public health or
safety. This legislation is neutral on the method of cleanup, but
should be read as a directive to all parties involved to move forward
with deliberate speed to clean up this anomaly in an area of such
profound beauty.
Throughout the coming fiscal year 1997 appropriations cycle, I will
work closely with Oregon's Governor, John Kitzhaber, and my colleague
on the House Appropriations Committee from Oregon, Jim Bunn, to further
refine this package and provide additional funding, as needed, for the
Amalgamated Mill cleanup and for the critical community infrastructure
projects designed to allow these former timber communities to diversify
their economic bases and improve their water systems.
In short, the Opal Creek title of this bill attempts to address every
issue raised both in the 1994 hearings on Opal Creek and in the working
group process conducted out in Oregon. This is an issue I have worked
on for almost 20 years. I am extremely pleased that, with this
legislation and accompanying infrastructure development package, we
will finally be able to address the protection of Opal Creek and the
adjacent portions of the Little North Fork Santiam Watershed, as well
as improvements to the water quality and delivery systems of nearby,
timber-dependent communities.
Mr. President, the second and third titles of the Oregon Resources
Conservation Act provide for the establishment of 5-year pilot projects
for two, consensus-based natural resource planning bodies now working
in Oregon's Klamath and Deschutes Basins. Both of these bodies are
already in place and have been working to provide the Federal agencies
with recommendations about how best to prioritize spending for
ecological restoration, economic health and reducing drought impacts.
I called for the creation of the Upper Klamath Basin Working Group in
1995. This group is citizen-led and includes environmentalists,
irrigators, local business leaders, locally elected officials,
educators, the Klamath Tribes, and Federal land management agencies in
an advisory capacity. This group was charged with developing both
short- and long-term recommendations for restoring ecological health in
the Klamath Basin. They were successful in developing short-term
funding recommendations ranging from riparian and wetland restoration,
to fish passage and the coordination of geological information systems
in the basin. I followed through on these recommendations and was able
to obtain either funding or direction to the pertinent agencies in the
fiscal year 1996 appropriations process. I am again attempting to
provide funding for the consensus based projects of the Klamath Working
Group in the fiscal year 1997 appropriations process.
The group has also developed a long-term recommendation which
includes a formal registration of the group as a State-sanctioned
foundation and congressional legislation enabling them to help land
management agencies set priorities for how money is spent in the basin
on various ecological restoration and economic stabilization projects.
Senate bill 1662 addresses the group's long-term recommendation by
creating a 5-year pilot project to allow the Upper Klamath Basin
Working Group/Foundation, in conjunction with the Federal land
management agencies in the basin, to develop funding priorities for
ecological restoration in the basin. It will authorize $1 million per
year to be spent consistent with these priorities. This money will be
administered by the agencies and matched by an equal amount of non-
Federal dollars.
Under title III of the bill, the Deschutes Basin in central Oregon
would also be allowed to develop a similar regime using, as its base, a
group formed by the Warm Springs Tribes, the Environmental Defense
Fund, local irrigators, and locally elected officials. This group has
been meeting and collaborating on projects in the basin for several
years.
Recently, both of these working groups have been able to make
significant progress in building coalitions and consensus on natural
resource management challenges that, not too long ago, many felt were
insurmountable. By giving them more authority to temporarily assist
Federal agencies with setting policy priorities using a finite amount
of money, I hope we can begin to enter a new era of more local control
and greater public input regarding resource management decisions. I
also hope these groups, and others that may follow, will continue to
use the consensus-based management approach to return resource
management decisions to a collaborative, inclusive process rather than
the divisive, litigious morass in which we find ourselves today.
The fourth title provides for a land exchange in Oregon's beautiful
Mt. Hood corridor. The purpose of this title is to protect the viewshed
along the Highway 26 corridor on the way to Mt. Hood, the highest
mountain peak in my State. The exchange between the Bureau of Land
Management and the Longview Fibre timber company would withdraw lands
within the viewshed of the Mt. Hood corridor from the timber base. Both
parties are willing participants in this process.
Longview Fibre owns approximately 3,500 acres of timber land in the
scenic Mt. Hood corridor, which are interspersed with BLM lands in a
checkerboard fashion. Longview would like to harvest these lands within
the next 5 years, but is sensitive about the public perception
regarding these clearcuts along such a heavily traveled route. I agree
with Longview Fibre and feel harvesting these trees along Highway 26
would be a disaster both for the ecological and visual characteristics
of the resource. Longview, to their credit, has been extremely
interested in working with local planning and environmental groups to
identify BLM parcels elsewhere in western Oregon that could be traded
for the Longview Fibre lands in the corridor.
[[Page S9656]]
This proposal is a unique opportunity to forge ahead with a plan that
has been built at the local level over the past 5 years and which has
virtually unanimous support, including the local county government,
local businesses, the timber industry, and local environmental groups.
Included in this title is a very limited exemption from the National
Environmental Policy Act. I want to be clear that this exemption is in
no way to be used as a precedent for future waivers of NEPA. This is a
unique circumstance, and to counterbalance this exemption, I have
included funding in the fiscal year 1997 appropriations process to
undertake environmental analysis for this exchange.
The fifth title of S. 1662 would establish the Coquille Forest near
the town of Coos Bay, OR. During my Senate career, it has been my
pleasure, and I believe my obligation, to take an active role in the
restoration of Federal recognition to a number of Indian tribes in the
State of Oregon. One of those tribes, the Coquille Tribe from near Coos
Bay, OR, was restored in 1989. In the Coquille Restoration Act, Public
Law 101-42, which I was proud to sponsor in the Senate, a requirement
was included that the Secretary of the Interior and the tribe develop
and submit a plan for the tribe's pursuit of economic self-sufficiency.
The Coquille Tribe took that mandate to heart and developed and
submitted an extraordinarily comprehensive plan. Wisely, I think, the
plan encompassed self-suficiency initiatives across a diverse range of
projects. The centerpiece of the plan was a proposal to establish a
significant forest land for the tribe within its aboriginal territory.
The overall goal of the plan and the forest are to move the standard of
living for the members of the Coquille Tribe closer to that of the
people of Oregon overall and to provide for the cultural restoration of
the Coquille people.
The Coquille Tribe's forest proposal is not, nor is this legislation,
some new and novel precedent. Land bases have already been established
for a number of federally recognized Oregon tribes, including the Grand
Rondes, Siletz, Warm Springs, and Umatillas. These tribal land bases
range from 3,600 acres to 640,000 acres. This title would establish a
5,400-acre land base for the Coquille Tribe. Hardly a precedent in
either size or action.
Moreover, the Coquille proposal is quite innovative and unique. The
proposal originally developed by the Coquille Tribe was a cutting-edge,
scientifically based plan to manage the land. The plan would have used
environmentally sensitive methods of land management to benefit not
only the tribe but the surrounding communities as well. This land
management approach was as innovative as any I have seen during my
public career, and it prompted me to lend my support to the tribe's
effort.
This provision is intended to provide a measure of restitution to the
Coquille Tribe. This land was forcibly taken from its inhabitants, an
act that I think anyone today would decry as unjust. In the past,
atrocities have been heaped upon Oregon's native American tribes,
including the Army's efforts to round up the southwestern Oregon tribes
like cattle and march them hundreds of miles to government-created
Indian reservations at Siletz and Klamath Falls.
To the tribes affected by these U.S. Government policies, the act of
uprooting them from their homelands and herding them to far-away
reservations destroyed their culture and killed many of their people.
These acts were the equivalent of the ethnic cleansing we have seen in
recent years against the Muslim people in Bosnia. The restoration of
5,400 acres could never atone for the hardships imposed upon the
Coquille people. It can, however, begin to help restore some semblance
of culture and a tie to the land that our Federal Government attempted
to destroy over 150 years ago.
I have gathered as much public input on the Coquille Tribe forest
proposal as on any single legislative effort throughout my entire
Senate career. I held two Senate hearings on the matter, one in Salem,
OR, and one in Washington, DC. I also have received many letters and
phone calls carefully analyzed related public polls, and reviewed
newspaper editorials. All of these factors have contributed to the
5,400-acre proposal I have developed.
The forming of this title as it appears today in the substitute has
been very challenging. The myriad interests of the Interior Department,
the people of Coos County, the logging and environmental communities,
the State of Oregon, and certainly the Coquille Tribe have brought
together starkly divergent viewpoints.
This title reflects many of the elements from the tribe's earlier
proposal, but it is also very different. To accommodate the diversity
of interests, and to do so within the parameters of the current
discourse regarding the Federal lands, I have fashioned a unique and
scaled-down hybrid. I must say that in so doing, the Coquille Tribe has
made some very substantial concessions.
First, title five creates a Coquille Forest of only approximately
5,400 acres in size. While the parcels are shown on a BLM map,
referenced in the legislation, for clarity I am adding the legal
descriptions in the Record. The Coquille Forest consists of the Federal
portions of the following descriptions:
Willamette Meridian West, Oregon
T28S R10W S. 30,33
T28S R11W S. 14,25,26
T29S R10W S. 5
T30S R11W S. 5,7,15,24,25,29,33
T29S R11W S. 23 SE\1/4\ SE\1/4\
S. 26 E\1/2\ NE\1/4\
S. 26 SW\1/4\ NE\1/4\
S. 26 N\1/2\ SE\1/4\
T29S R12W S. 26 S\1/2\ SW\1/4\
S. 35 NE\1/4\ NW\1/4\
S. 35 NW\1/4\ NE\1/4\
Second, a 2-year transition period is required prior to the Forest
transferring into trust for the tribe. To preserve Federal timber
revenues to the O&C Counties, the Interior Secretary is authorized to
designate an appropriate amount of nearby Federal public domain land
into O&C status.
Third, after the forest is transferred to the Assistant Secretary for
Indian Affairs, its management must be consistent with the standards
and guidelines of adjacent and nearby Federal forest plans. While this
consistency requirement is to extend into the future, it should be
noted that I do not anticipate that this requirement will foreclose the
tribe from realizing at least some significant cultural or economic
benefits from its forest.
Fourth, the Assistant Secretary for Indian Affairs is to manage the
Coquille Forest pursuant to all applicable State and Federal forestry
and environmental laws, specifically including critical habitat
designations under the Endangered Species Act. Federal log export
restrictions will apply to logs from the Coquille Forest, and
competitive bidding is specifically required on all sales.
Fifth, this statute assures continued public access and State
regulation of hunting and fishing. Conversely, it is expected that
tribal access is assured to all its parcels.
Sixth, Federal law and policies fostering Indian self-determination
are recognized by providing opportunity for the tribe to assume some or
all of the management of the Coquille Forest. As a requirement for the
tribe assuming such management functions, a memorandum of agreement is
required with the State of Oregon that details the State's jurisdiction
and regulatory functions, and which incorporates the requirements for
management consistency with surrounding plans. To assure enforceability
of the MOA, both the tribe and the State are authorized to take each
other to Federal court.
Finally, the title provides that any affected citizen may sue the
Secretary of the Interior for violations of the title. This is not
intended to expand laws or case law related to standing to sue. The
court is specifically authorized to order the Secretary to withdraw any
management authority delegated to the tribe for the management of the
forest.
I want to emphasize again the unique arrangement of this provision.
It is intended to establish a Coquille Forest for the Coquille Tribe
that will mesh into the broader forest management of Coos County.
Within that context, the Coquille Forest is to provide a basis for
restoring the tribe's culture as well as providing economic benefits.
I hope this proposal, with its relatively modest acreage and the
required adherence to the most environmentally friendly forest
management plan ever implemented in the Pacific
[[Page S9657]]
Northwest--President Clinton's forest plan--is successful and can
become a model for how our Nation deals with other claims by native
American tribes.
The sixth title of S. 1662 addresses a longstanding issue in my
State. The Portland area has been blessed with one of the cleanest
sources of drinking water in the Nation. The Bull Run Watershed, east
of Portland in the Cascade Mountains, has been providing safe and pure
drinking water to Portlanders for over a century. I have always
supported protection for this vital resource, including my working to
enact the 1977 Bull Run Protection Act, Public Law 95-200.
Title six amends Public Law 95-200 by additional restrictions on
management within the hydrographic boundary of the Bull Run Watershed.
This is depicted on a map refered to in the legislation. The additional
protections do not include the controversial buffer areas or the
adjacent Little Sandy Watershed. These additional areas have long been
the source of controversy which has effectively blocked providing the
additional protections within area that have a direct impact on
Portland's drinking water.
I am pleased that, in working with my colleague from Oregon, Mr.
Wyden, we have reached an important agreement on this matter, which is
included in S. 1662. The vital part of the agreement involves a study
of the impact of management activities within the Little Sandy on
Portland's drinking water. This is the heart of the issue with respect
to the Little Sandy. With that critical agreement, the additional
protections for the main drainage may go forward.
I want to pay a special tribute to my colleague for working so
constructively with me on this important matter to Oregonians. Senator
Wyden has made an impressive commitment to this issue and I commend him
for his leadership. Let me also commend Representative Elizabeth Furse
for her commitment to this issue. She has partnered with Senator Wyden
to resolve elevate this important issue in the public dialog.
Finally, I wish to commend the newest member of the Oregon
delegation, Representative Earl Blumenauer, for the valuable role he
played in resolving this issue. The Bull Run Reservoir is located in
Congressman Blumenauer's legislative district, and through his prompt
intervention in this matter at a critical stage, he performed a
valuable service to his constituents.
The seventh title of this bill would add approximately 120 acres to
the existing Oregon Islands Wilderness. This area is comprised of
islands, reefs and rocks within 3 miles of the Oregon coast.
In 1991, the Fish and Wildlife Service completed a wilderness
suitability study on 1,200 of these formations, which extend 307 miles,
from Tillamook Head to just north of the California border. The Fish
and Wildlife Service has recommended a wilderness designation for the
study area.
These islands, rocks, and reefs are small and extremely rugged in
appearance. The soil cover is shallow. Light vegetation consists
primarily of low-growing grasses and herbaceous plants. These areas are
valuable as nesting, roosting and foraging habitat for bald eagles,
peregrine falcons, California brown pelicans, Canadian geese, and a
number of other seabirds and shorebirds. They are also extensively used
by marine mammals, such as Steller sea lions, California sea lions,
Pacific harbor seals, and threatened northern elephant seal.
Protection of this area would help preserve a reflection of America's
rich island heritage. They are also closely associated with the culture
of coastal native Americans and early European settlers.
The final title of this legislation provides direction for a land
exchange study within the Uppqua Basin in southern Oregon. The goal of
the Uppqua land exchange project is to determine if there is a land
ownership pattern within the Uppqua River Basin, different from the
current one, that would more effectively protect fish and wildlife
habitat and allowing more sustainable resource production. The project
has hired a team of Oregon scientists to study the resources of this
basin to determine if opportunities exist for public and private land
exchanges are possible to achieve this goal.
On Federal lands, the opportunity exists for increasing wildlife and
fisheries habitat protection as well as sustainable supply of timber as
a result of exchanging lands. On private lands, the project could
assist land owners better meet their land management goals by providing
lands better suited for timber productions that are not as ecologically
sensitive as those traded into Federal ownership.
To test this theory, this title directs the land management agencies
to take a careful look at the land ownership patterns in this area and
at the current makeup of laws and policies. I believe this study will
uncover great potential for improvements in our land ownership
patterns.
Mr. President, this is comprehensive legislation. I am extremely
pleased with this bill. It protects some of Oregon's most important
natural resource areas, Opal Creek, Bull Run, the Oregon Islands and
the Mt. Hood corridor. It also promotes consensus-based, watershed
planning at the local level in the Klamath and Deschutes Basins.
Finally, it makes investments in the future through important studies.
I have worked many years to protect Oregon's magnificent natural
resources. I am pleased that in this, my last year in the Senate, I
will be able to continue this legacy of protecting Oregon's natural
beauty for the enjoyment and use of future generations.
At this point I ask unanimous consent to have printed in the Record a
letter addressed to myself from Under Secretary James Lyons of the
Department of Agriculture in which they indicate the administration
support for the two titles, the Opal Creek title and the one on the
Bull Run.
I would also ask unanimous consent to have printed in the Record a
letter from Mayor Vera Katz of the city of Portland and Commissioner
Mike Lindberg also endorsing title VI which relates to Portland's main
and only water supply, which is called the Bull Run.
And I ask unanimous consent to have printed in the Record a section-
by-section analysis.
There being no objection, the material was ordered to be printed in
the Record, as follows:
DEPARTMENT OF AGRICULTURE,
Washington, DC, August 2, 1996.
Hon. Mark O. Hatfield,
Washington, DC 20510.
Dear Senator Hatfield: I am writing in support of the two
provisions in S. 1662, as amended, which affect Opal Creek
and Bull Run in the Willamette National Forest in Oregon.
The Administration testified in support of the Opal Creek
Wilderness and Opal Creek Scenic Recreation Area Act of 1996.
S. 1662 adds approximately 12,800 acres of mixed old growth
forest and anadromous fish habitat to the Wilderness
Preservation System granting it permanent protection for
primitive use and resource conservation. In addition, the
legislation provides Wild and Scenic River protection for
Elkhorn Creek as recommended in our hearing testimony. You
have worked hard to prepare legislation which balances the
concerns of all parties and I appreciate your diligent
efforts.
The Department of Agriculture supports the compromise
position taken in Title VI of the bill regarding the Bull Run
and Little Sandy Watersheds. Conservation in these two
watersheds is important to the success of the President's
Forest Plan for the owl region and for the City of Portland.
The report to Congress authorized in the legislation will
help provide information to decide whether any further action
is necessary regarding these lands. I especially support the
public process which will be used to prepare the study.
Again, I want to congratulate you on your hard work on
these provisions. The Department of Agriculture supports
enactment of these two titles.
Sincerely,
James R. Lyons,
Under Secretary.
____
July 24, 1996.
Hon. Mark O. Hatfield,
711 Hart Senate Office Building,
Washington, DC.
Dear Senator Hatfield: On behalf of the citizens of
Portland and the drinking water consumers of the Portland
metropolitan region, thank you for your outstanding efforts
in the development of Title VI, Bull Run Watershed
Protection, in S. 1662, ``The Oregon Resource Conservation
Act of 1996''.
We were pleased by the unanimous passage of S. 1662 on June
19 by the Senate Energy and Natural Resources Committee. We
have been very grateful to work with you and your staff since
then on enhancements to the provisions of Title VI which will
be added during forthcoming consideration by the full Senate.
[[Page S9658]]
It has been a great honor to work with you on the issue of
additional statutory protection for Bull Run water quality
since the adoption by the City Council Resolution covering
this subject in October 1993.
The provisions of Title VI covering a ban on timber cutting
in the hydrographic boundary of the Bull Run drainage,
including certain lands within the unit and located below the
headworks of the City's water storage and delivery project,
except in activities expressly reserved for the City, and the
ban on salvage sales, will greatly improve the City's ability
to ensure water quality protection in the years to come. The
study on the portion of the Little Sandy Watershed within the
unit, to be undertaken by the Secretary of Agriculture in
consultation with the City, will help to provide useful
guidance for the future regarding logging in the Little Sandy
and water quality impacts.
We plan to work very closely with you and your staff as S.
1662 continues through the subsequent phases of the
legislative process to help in any way we can to ensure that
it can be enacted in the few remaining weeks of this
Congress.
Thank you again for your leadership on this important
initiative.
Warm regards,
Vera Katz,
Mayor.
Mike Lindberg,
Commissioner.
____
Section-by-Section Analysis
s. 1662--oregon resources conservation act of 1996
TITLE I--Opal Creek Wilderness and Scenic-Recreation Area
12,800 acre Opal Creek Wilderness Area.
13,000 acre Opal Creek National Scenic-Recreation Area.
Designates Elkhorn Creek Wild and Scenic River.
Sets up management planning process for Scenic Area.
Sets up 13 member Advisory Council consisting of locally
elected officials, environmentalists, timber industry, mining
industry, inholders.
Establishes guidelines for disposition of existing
inholdings.
Authorizes $15 million Economic Development Plan.
TITLE III--Upper Klamath Basin Pilot Project
Creates a five-year pilot project to allow consensus-based
citizen working group to provide ecological restoration
recommendations to federal agencies.
Authorizes $1,000,000 per year for consensus-based
projects.
Projects must be matched 1-to-1 with non-federal sources.
Fish and Wildlife Service is lead agency.
TITLE III--Deschutes Basin Pilot Project
Creates a five-year pilot project similar to the Klamath
Working Group.
Also authorizes $1,000,000 per year for ecosystem
restoration projects, 1-to-1 match with non-federal funds.
Bureau of Reclamation is lead agency.
TITLE IV--Mt. Hood Corridor Land Exchange
Authorizes 3,500 acre land exchange in the Mt. Hood
Corridor between the Bureau of Land Management and the
Longview Fibre timber company.
Both parties are willing participants in this process,
which seeks to protect the viewshed along the Highway 26
corridor from Portland to Mt. Hood, Oregon.
Land acquired by BLM in corridor is removed from timber
base, consistent with current BLM management of adjacent
lands.
Exchange is to be completed within one year.
Title V--Coquille Tribal Forest
Creates 5,400 acre Coquille Forest from BLM lands in SW
Oregon.
Management of land will remain with BLM for two years, with
no change in existing management structure or funding
distribution. Transition plan is authorized.
After two years, title and management will be transferred
to Bureau of Indian Affairs. The lands will be held in trust
for Coquille Tribe (restored in 1989).
After transfer to BIA, land will be managed consistent with
President's Forest Plan and applicable forestry and
environmental protection laws.
All timber sales will be subject to competitive and open
bidding procedures.
Title VI--Bull Run Watershed Protection
Amends P.L. 95-200, the Bull Run Protection Act, by
establishing additional timber harvest restrictions for Bull
Run watershed, Portland's primary municipal drinking water
source.
Requires a study of the adjacent Little Sandy Watershed to
determine the impact of management on Portland's drinking
water. Requires report to Congress on findings and
recommendations for future management in the area.
Title VII--Oregon Islands Wilderness Additions
Adds approximately 120 acres of islands, reefs and rocks
within three miles of Oregon Coast to existing Oregon Islands
Wilderness System.
Title VIII--Umpqua River Land Exchange Study
Authorizes and directs Secretaries of Interior and
Agriculture to consult, coordinate and cooperate with the
Umpqua Land Exchange Project.
Project's mission is to develop scientific basis for and
evaluation of land exchanges which involve federal
acquisition of sensitive private parcels in exchange for
private acquisition of less sensitive, timber producing
parcels.
Joint Report to Congress submitted no later than Feb. 1,
1998 making recommendations.
Mr. HATFIELD. Mr. President, there are some very important people who
have helped bring this day, now, to fruition. I want to mention the
former Congressman from Oregon, Mike Kopetski, who made a valiant
effort in 1994 to pass an Opal Creek protection bill. The bill was
passed in the House. However, time ran out, in the Senate. It was not
enacted. But, certainly, for years he and I had the privilege of
trekking this whole area together. That is a wonderful memory I have. I
want to pay tribute to his efforts as part of the overall
accomplishment of this bill.
I want to also make particular mention of the staff, of David
Robertson and Doug Pahl of my staff, who, for years, have been involved
in this and have done a great job; to Ms. Alexandra Buell of Senator
Wyden's staff, who has been very meshed into the whole common effort
and has an excellent background in resource management; the Energy
Committee staff, Gary Ellsworth, Mark Rey and Tom Williams worked
together as one staff, so to speak, even though they represent both
sides of the aisle. I am very grateful, always, to each of those staff
members for their real nitty-gritty and their real creative ability.
The PRESIDING OFFICER. The Senator from Oregon, Mr. Wyden.
Mr. WYDEN. Mr. President, I want to say first, I very much share
Senator Hatfield's view with respect to the yeoman work that has been
done by many parties, in terms of bringing this legislation together. I
am especially pleased he has mentioned Ms. Buell and Mr. Pahl. It
reflects the bipartisan effort that has gone into moving this
legislation forward. I very much want to associate myself with Senator
Hatfield's words of praise for the many staff who have worked on this
legislation.
I also want to begin by telling Senator Hatfield, on behalf of the
people of our State, how much we appreciate the extraordinary efforts
he has made in the conservation field specifically. As Oregonians know,
when you think about the history of our State, it will not just be
conservation that Senator Hatfield has touched. It will be the Oregon
Health Sciences Center, where we have built a remarkable medical
infrastructure that is going to serve our State into the 21st century.
People are going to talk about the exceptional work that was done in
the transportation field, where, again, we have led the Nation in terms
of looking forward, in terms of making gutsy decisions.
We are going to talk about the agriculture, the maritime efforts,
particularly in the field of research which, again, gives us a chance
to get out in front of these huge waves of change that so mark these
and so many of the issues that are before the Senate.
I just want to tell Senator Hatfield, I think it is particularly
appropriate now, as we move to the last days of this session, that this
legislation, which is something of a crowning jewel, moves forward in
the Senate. It is a tribute to all of the exceptional work that he has
done, now, for 3 decades for the people of our State. I want you to
know how much I appreciate all this effort. As you know, I am looking
into the possibility of being able to phone you express, when you are
at the coast in a much-deserved retirement, to have you help on other
matters. I am just so pleased that this legislation is moving forward
today, and to be associated with you.
Mr. President, very briefly let me comment on some of the provisions,
the excellent provisions in this legislation. It is going to protect
Opal Creek, both the drinking water source for the city of Salem and
one of the crown jewels of our old growth forests. It is a remnant of
what used to be common in the Oregon Cascade Range, but it is now the
largest intact low elevation old growth forest that is left, after
years of management in the region.
Opal Creek is simply beloved. People hike and swim, and many go
simply to experience the grandeur and solace that tall trees and
waterfalls have to offer. Visitation is now at about 15,000 people
annually, and increases each year.
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The President's Forest plan recognized the special nature of Opal
Creek and designated it as a late-successional reserve and tier 1
watershed. Although that designation puts some limits to management in
the watershed, it does not ensure permanent protection. Only an act of
Congress can do that and Senator Hatfield is responding to the great
interest among the people of our State in making sure that there will
be permanent protection for Opal Creek. We have been trying to protect
this treasure for more than 25 years. Last year, Senator Hatfield
convened a working group of Oregonians interested in Opal Creek that
included environmentalists, the timber industry, State and local
officials, and the Forest Service. This legislation is a product of
those efforts. One prominent Oregon environmental group called the
provision precedent setting, and the most protective they have seen in
any Federal legislation.
Mr. President, this legislation, Senator Hatfield has noted, contains
other extremely important provisions for our State. I am especially
pleased Senator Hatfield has included in his bill, additional
protection for the Bull Run Watershed. This is so important to water
users in our State. Hundreds of thousands of Oregonians depend on that
watershed for pure, clean drinking water. And the history of Federal
protection for the Bull Run Watershed goes back more than 100 years, to
President Harrison's proclamation reserving the drainage basin of the
Bull Run and Little Sandy Rivers as protected sources of water for the
City of Portland.
The Bull Run Watershed now serves more than 20 water districts and
over 735,000 people in our metropolitan area.
It is projected by the year 2050, it will be the prime source of
drinking water for over 1 million Oregonians.
When I served in the House of Representatives, I joined with
Congresswoman Elizabeth Furse in introducing H.R. 4063 in the 103d
Congress. This earlier piece of legislation increased substantially
protections for the Bull Run and the Little Sandy watersheds. Although
S. 1662 does scale down the scope of lands covered by new protections,
I am pleased that this legislation increases protections for the
portion of the Bull Run watershed that serves as the municipal drinking
water source for the city of Portland, while maintaining the existing
protections for the remainder of the watershed. The city of Portland
strongly supports these added protections for the Bull Run watershed.
This legislation includes several other important provisions. It
would fund two citizen working groups that have been active in
addressing a wide array of ecological restoration, economic development
and stability and drought impact reduction projects in the Klamath and
Deschutes River basins in our State.
I am excited about both of these groups because I firmly believe that
the key to solving many of our environmental problems--the key to
solving environmental problems--has to come from strong local input.
Oregonians have been successful using this model of strong local
involvement in reforming health care, in reforming welfare, and I am
pleased to see that as a result of Senator Hatfield's legislation, the
same effort to encourage local involvement is being used in the
environmental area.
I believe that no bill is ever perfect, and we all have things that
we might want in an ideal situation. The proposal to create the
Coquille Tribal Forest has caused concern, has caused anxiety among a
number of our citizens. I commend Senator Hatfield for his hard work in
addressing many of these concerns, while at the same time remaining
true to his commitment to the Coquille tribe. I believe that the
provision in this legislation is improved by reducing greatly the size
of the transfer. I also believe it has been improved by requiring the
land to be managed under applicable State and Federal forestry and
environmental protection laws.
The bill also would require that these lands be subject to critical
habitat designations under the Endangered Species Act and the standards
and guidelines of the Federal forest plans adjacent or nearby forest
lands apply now and in the future.
Additionally, changes to the bill ensure that the land will remain
open to public access for hunting, fishing and recreation, and that the
prohibition on the export of unprocessed logs from Federal lands are a
matter of great importance to our citizens and will continue.
With that said, I still remain concerned about the size of the land
to be transferred from the Bureau of Land Management to the Bureau of
Indian Affairs to be held in trust for the Coquille tribe.
Further, I am concerned about adding another layer of complexity to
an already confusing array of forest and environmental management
requirements and a potential lack of clarity with regard to Tribal,
State and Federal roles in environmental requirements. I am also very
concerned about a lack of clear direction with regard to citizen
appeals. I am very pleased to have a chance to work with Senator
Hatfield on these matters. Senator Hatfield has worked very, very hard
to try to develop consensus with respect to this issue which is
extremely controversial, and I intend to work closely with him on this
matter in the days ahead.
Mr. President, despite my reservation about the Coquille Tribal
Forest, I believe that, on balance, this is a good bill for Oregon. I
also want to say that recognition for our former colleague, Mike
Kopetski, is especially appropriate. I recall several years ago when my
good friend, Mike Kopetski, first made his pledge to protect Opal
Creek. Because Mike showed exceptional vision and leadership, the bill
made great progress. I join Senator Hatfield in saying that because of
the work done by former Congressman Kopetski, it has been possible to
move this bill towards a reality.
Though this bill is not perfect, through Senator Hatfield's efforts
and wise judgment, there is a bill now before the Senate that will
benefit countless Oregonians for generations to come. It remains one of
the most important conservation efforts for the State of Oregon put
forward in many, many years. I look forward to working closely with our
senior Senator to ensure that this bill is signed into law.
Mr. President, I yield the floor.
Mr. HATFIELD. Mr. President, I ask unanimous consent that the
substitute amendment be considered and agreed to, the committee
amendment be agreed to, as amended, the bill be deemed read a third
time, and passed as amended. I withhold.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5150) was agreed to.
The committee amendment was agreed to.
The bill (S. 1662), as amended was deemed read the third time and
passed.
Mr. HATFIELD. Mr. President, on the bill that we have just passed,
which is the Oregon Resources Conservation Act of 1996, I would ask
unanimous consent to list Senator Wyden, my colleague, as a cosponsor
of this bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LOTT addressed the Chair.
The PRESIDING OFFICER. The majority leader.
Mr. LOTT. Mr. President, we would like to go ahead and get these
unanimous-consent agreements done so that the distinguished Democratic
leader could go to a very important meeting.
Senator Daschle, if I could just say once again--I have told you
privately--I want to say publicly, I appreciate the cooperation we have
had over the last 3 weeks. We could not get it all done at the end, but
I think we made a lot of good progress. And I appreciate your help
wherever you could give it. I think we did pretty good overall.
Mr. DASCHLE. Mr. President, if the majority leader would allow me to
respond, I want to commend him. He has taken on his responsibilities
under very difficult circumstances. I cannot imagine a more challenging
way with which to begin your new role than to take on the
responsibilities midcourse.
I must say, Mr. President, he has done it in a way that he can be
proud. It has been a joy to work with him.
I think we have gotten more done than most people would have
expected. I think, in fact, we surprised a few people. And we will
continue to do our best to represent our caucuses but also to work to
try to represent our country. I look forward to working with him for
many months and years to come.
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Mr. LOTT. Thank you very much.
The PRESIDING OFFICER. The majority leader.
Mr. LOTT. We do have a number of unanimous-consent agreements that we
have worked out. We would like to go through these. And some of them
are still being worked on as we speak. But we can go ahead and get
started.
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