[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1448 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 622
114th CONGRESS
  2d Session
                                S. 1448

                          [Report No. 114-347]

 To designate the Frank Moore Wild Steelhead Sanctuary in the State of 
                                Oregon.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2015

Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 8, 2016

 Reported by Ms. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To designate the Frank Moore Wild Steelhead Sanctuary in the State of 
                                Oregon.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Frank Moore Wild Steelhead 
Sanctuary Designation Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) Frank Moore has committed his life to family, 
        friends, his country, and fly fishing;</DELETED>
        <DELETED>    (2) Frank Moore is a World War II veteran who 
        stormed the beaches of Normandy along with 150,000 troops 
        during the D-Day Allied invasion and was awarded the Chevalier 
        of the French Legion of Honor for his bravery;</DELETED>
        <DELETED>    (3) Frank Moore returned home after the war, 
        started a family, and pursued his passion of fishing on the 
        winding rivers in Oregon;</DELETED>
        <DELETED>    (4) as the proprietor of the Steamboat Inn along 
        the North Umpqua River in Oregon for nearly 20 years, Frank 
        Moore, along with his wife Jeanne, shared his love of fishing, 
        the flowing river, and the great outdoors, with visitors from 
        all over the United States and the world;</DELETED>
        <DELETED>    (5) Frank Moore has spent most of his life fishing 
        the vast rivers of Oregon, during which time he has contributed 
        significantly to efforts to conserve fish habitats and protect 
        river health, including serving on the State of Oregon Fish and 
        Wildlife Commission;</DELETED>
        <DELETED>    (6) Frank Moore has been recognized for his 
        conservation work with the National Wildlife Federation 
        Conservationist of the Year award, the Wild Steelhead Coalition 
        Conservation Award, and his 2010 induction into the Fresh Water 
        Fishing Hall of Fame; and</DELETED>
        <DELETED>    (7) in honor of the many accomplishments of Frank 
        Moore, both on and off the river, approximately 104,000 acres 
        of Forest Service land in Oregon should be designated as the 
        ``Frank Moore Wild Steelhead Sanctuary''.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Map.--The term ``Map'' means the map entitled 
        ``O&C Land Grant Act of 2014: Frank Moore Wild Steelhead 
        Sanctuary'' and dated November 3, 2014.</DELETED>
        <DELETED>    (2) Sanctuary.--The term ``Sanctuary'' means the 
        Frank Moore Wild Steelhead Sanctuary designated by section 
        4(a).</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture, acting through the Chief of the 
        Forest Service.</DELETED>
        <DELETED>    (4) State.--The term ``State'' means the State of 
        Oregon.</DELETED>

<DELETED>SEC. 4. FRANK MOORE WILD STEELHEAD SANCTUARY, 
              OREGON.</DELETED>

<DELETED>    (a) Designation.--The approximately 104,000 acres of 
Forest Service land in the State, as generally depicted on the Map, is 
designated as the ``Frank Moore Wild Steelhead Sanctuary''.</DELETED>
<DELETED>    (b) Map; Legal Description.--</DELETED>
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of enactment of this Act, the Secretary shall prepare a 
        map and legal description of the Sanctuary.</DELETED>
        <DELETED>    (2) Force of law.--The map and legal description 
        prepared under paragraph (1) shall have the same force and 
        effect as if included in this Act, except that the Secretary 
        may correct clerical and typographical errors in the map and 
        legal description.</DELETED>
        <DELETED>    (3) Availability.--The map and legal description 
        prepared under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service.</DELETED>
<DELETED>    (c) Administration.--Subject to valid existing rights, the 
Sanctuary shall be administered by the Secretary--</DELETED>
        <DELETED>    (1) in accordance with all laws (including 
        regulations) applicable to the National Forest System; 
        and</DELETED>
        <DELETED>    (2) in a manner that--</DELETED>
                <DELETED>    (A) protects, preserves, and enhances the 
                natural character, scientific use, and the botanical, 
                recreational, ecological, fish and wildlife, scenic, 
                drinking water, and cultural values of the 
                Sanctuary;</DELETED>
                <DELETED>    (B) protects and seeks to enhance the wild 
                salmonid resources of the Sanctuary;</DELETED>
                <DELETED>    (C) maintains or enhances the watershed as 
                a thermal refuge for wild salmonids; and</DELETED>
                <DELETED>    (D) preserves opportunities for primitive 
                recreation.</DELETED>
<DELETED>    (d) Fish and Wildlife.--Nothing in this section affects 
the jurisdiction or responsibilities of the State with respect to fish 
and wildlife in the State.</DELETED>
<DELETED>    (e) Adjacent Management.--Nothing in this section creates 
any protective perimeter or buffer zone around the Sanctuary.</DELETED>
<DELETED>    (f) Protection of Tribal Rights.--Nothing in this section 
diminishes any treaty rights of an Indian tribe.</DELETED>
<DELETED>    (g) Withdrawal.--Subject to valid existing rights, the 
Federal land within the boundaries of the Sanctuary river segments 
designated by subsection (a) is withdrawn from all forms of--</DELETED>
        <DELETED>    (1) entry, appropriation, or disposal under the 
        public land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) disposition under all laws relating to mineral 
        and geothermal leasing or mineral materials.</DELETED>
<DELETED>    (h) Uses.--The Secretary shall only allow uses of the 
Sanctuary that are consistent with the purposes and values for which 
the Sanctuary is established.</DELETED>
<DELETED>    (i) Use of Motorized Vehicles.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), the use of motorized vehicles within the Sanctuary shall 
        be limited to roads allowed by the Secretary for the use of 
        motorized vehicles.</DELETED>
        <DELETED>    (2) Off-road vehicle use.--Notwithstanding 
        paragraph (1), the Secretary may allow off-road vehicle use in 
        designated portions of the Sanctuary if the use is consistent 
        with the purposes and values for which the Sanctuary was 
        designated.</DELETED>
<DELETED>    (j) Roads.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, to the maximum 
        extent practicable, shall decrease the total mileage of system 
        roads that are operational in the Sanctuary to a quantity less 
        than the quantity of mileage in existence on the date of 
        enactment of this Act.</DELETED>
        <DELETED>    (2) Priority.--The Secretary shall prioritize 
        decreasing the mileage of the road network in the Sanctuary to 
        reduce impacts to water quality from sediment delivered to 
        streams by forest roads.</DELETED>
        <DELETED>    (3) Temporary roads.--If the Secretary constructs 
        a temporary road as part of a vegetation management project, 
        the Secretary shall close and decommission the temporary road 
        not later than the earlier of--</DELETED>
                <DELETED>    (A) the date that is 2 years after the 
                date on which the activity for which the temporary road 
                was constructed is completed; and</DELETED>
                <DELETED>    (B) the date that is 1 year after the date 
                on which the vegetation management project is 
                completed.</DELETED>
        <DELETED>    (4) No new roads.--The Secretary shall prohibit--
        </DELETED>
                <DELETED>    (A) any new system or nonsystem road 
                within the Sanctuary and key watersheds under the plan 
                entitled ``Northwest Forest Plan 1994 Record of 
                Decision for Amendments to Forest Service and Bureau of 
                Land Management Planning Documents Within the Range of 
                the Northern Spotted Owl'' after the date of enactment 
                of this Act, except as the Secretary determines to be 
                necessary, if the Secretary determines that no 
                practicable alternative exists, and subject to the 
                availability of appropriations; and</DELETED>
                <DELETED>    (B) the construction of any new road in 
                any roadless area in the Sanctuary.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Frank Moore Wild Steelhead Special 
Management Area Designation Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Frank Moore has committed his life to family, friends, 
        his country, and fly fishing;
            (2) Frank Moore is a World War II veteran who stormed the 
        beaches of Normandy along with 150,000 troops during the D-Day 
        Allied invasion and was awarded the Chevalier of the French 
        Legion of Honor for his bravery;
            (3) Frank Moore returned home after the war, started a 
        family, and pursued his passion of fishing on the winding 
        rivers in Oregon;
            (4) as the proprietor of the Steamboat Inn along the North 
        Umpqua River in Oregon for nearly 20 years, Frank Moore, along 
        with his wife Jeanne, shared his love of fishing, the flowing 
        river, and the great outdoors, with visitors from all over the 
        United States and the world;
            (5) Frank Moore has spent most of his life fishing the vast 
        rivers of Oregon, during which time he has contributed 
        significantly to efforts to conserve fish habitats and protect 
        river health, including serving on the State of Oregon Fish and 
        Wildlife Commission;
            (6) Frank Moore has been recognized for his conservation 
        work with the National Wildlife Federation Conservationist of 
        the Year award, the Wild Steelhead Coalition Conservation 
        Award, and his 2010 induction into the Fresh Water Fishing Hall 
        of Fame; and
            (7) in honor of the many accomplishments of Frank Moore, 
        both on and off the river, approximately 99,653 acres of Forest 
        Service land in the State of Oregon should be designated as the 
        ``Frank Moore Wild Steelhead Special Management Area''.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``Map'' means the map entitled ``Frank 
        Moore Wild Steelhead Special Management Area Designation Act'' 
        and dated June 23, 2016.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (3) Special management area.--The term ``Special Management 
        Area'' means the Frank Moore Wild Steelhead Special Management 
        Area designated by section 4(a).
            (4) State.--The term ``State'' means the State of Oregon.

SEC. 4. FRANK MOORE WILD STEELHEAD SPECIAL MANAGEMENT AREA, OREGON.

    (a) Designation.--The approximately 99,653 acres of Forest Service 
land in the State, as generally depicted on the Map, is designated as 
the ``Frank Moore Wild Steelhead Special Management Area''.
    (b) Map; Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map and 
        legal description of the Special Management Area.
            (2) Force of law.--The map and legal description prepared 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        clerical and typographical errors in the map and legal 
        description.
            (3) Availability.--The map and legal description prepared 
        under paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the Forest Service.
    (c) Administration.--Subject to valid existing rights, the Special 
Management Area shall be administered by the Secretary--
            (1) in accordance with all laws (including regulations) 
        applicable to the National Forest System; and
            (2) in a manner that--
                    (A) conserves and enhances the natural character, 
                scientific use, and the botanical, recreational, 
                ecological, fish and wildlife, scenic, drinking water, 
                and cultural values of the Special Management Area;
                    (B) maintains and seeks to enhance the wild 
                salmonid habitat of the Special Management Area;
                    (C) maintains or enhances the watershed as a 
                thermal refuge for wild salmonids; and
                    (D) preserves opportunities for recreation, 
                including primitive recreation.
    (d) Fish and Wildlife.--Nothing in this section affects the 
jurisdiction or responsibilities of the State with respect to fish and 
wildlife in the State.
    (e) Adjacent Management.--Nothing in this section--
            (1) creates any protective perimeter or buffer zone around 
        the Special Management Area; or
            (2) modifies the applicable travel management plan for the 
        Special Management Area.
    (f) Wildfire Management.--Nothing in this section prohibits the 
Secretary, in cooperation with other Federal, State, and local 
agencies, as appropriate, from conducting wildland fire operations in 
the Special Management Area, consistent with the purposes of this Act, 
including the use of aircraft, machinery, mechanized equipment, fire 
breaks, backfires, and retardant.
    (g) Vegetation Management.--Nothing in this section prohibits the 
Secretary from conducting vegetation management projects within the 
Special Management Area in a manner consistent with--
            (1) the purposes described in subsection (c); and
            (2) the applicable forest plan.
    (h) Protection of Tribal Rights.--Nothing in this section 
diminishes any treaty rights of an Indian tribe.
    (i) Withdrawal.--Subject to valid existing rights, the Federal land 
within the boundaries of the Special Management Area river segments 
designated by subsection (a) is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws relating to mineral and 
        geothermal leasing or mineral materials.
            Amend the title so as to read: ``A bill to designate the 
        Frank Moore Wild Steelhead Special Management Area in the State 
        of Oregon.''.
                                                       Calendar No. 622

114th CONGRESS

  2d Session

                                S. 1448

                          [Report No. 114-347]

_______________________________________________________________________

                                 A BILL

 To designate the Frank Moore Wild Steelhead Sanctuary in the State of 
                                Oregon.

_______________________________________________________________________

                           September 8, 2016

        Reported with an amendment and an amendment to the title