[Congressional Record (Bound Edition), Volume 154 (2008), Part 5] [House] [Pages 6515-6517] [From the U.S. Government Publishing Office, www.gpo.gov]COPPER SALMON WILDERNESS ACT Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3513) to amend the Oregon Wilderness Act of 1984 to designate the [[Page 6516]] Copper Salmon Wilderness and to amend the Wild and Scenic Rivers Act to designate segments of the North and South Forks of the Elk River in the State of Oregon as wild or scenic rivers, and for other purposes, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 3513 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Copper Salmon Wilderness Act of 2008''. SEC. 2. DESIGNATION OF THE COPPER SALMON WILDERNESS. (a) Designation.--Section 3 of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-328) is amended-- (1) in the matter preceding paragraph (1), by striking ``eight hundred fifty-nine thousand six hundred acres'' and inserting ``871,593 acres''; (2) in paragraph (29), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(30) certain land in the Siskiyou National Forest, comprising approximately 11,922 acres, as generally depicted on the map entitled `Copper Salmon Wilderness Proposal' and dated April 1, 2008, to be known as the `Copper Salmon Wilderness'.''. (b) Maps and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall file a map and a legal description of the Copper Salmon Wilderness with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law.--The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal description. (3) Boundary.--If the boundary of the Copper Salmon Wilderness shares a border with a road, the Secretary may only establish an offset that is not more than 150 feet from the centerline of the road. (4) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, OREGON. Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(76)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``19-mile segment'' and inserting ``28.2-mile segment''; (2) in subparagraph (A), by striking ``; and'' and inserting a period; and (3) by striking subparagraph (B) and inserting the following: ``(B)(i) The approximately 0.6-mile segment of the North Fork Elk from its source in sec. 21, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river. ``(ii) The approximately 5.5-mile segment of the North Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the South Fork Elk, as a wild river. ``(C)(i) The approximately 0.9-mile segment of the South Fork Elk from its source in the southeast quarter of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river. ``(ii) The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the North Fork Elk, as a wild river.''. SEC. 4. PROTECTION OF TRIBAL RIGHTS. (a) In General.--Nothing in this Act shall be construed as diminishing any right of any Indian tribe. (b) Memorandum of Understanding.--The Secretary shall seek to enter into a memorandum of understanding with the Coquille Indian Tribe regarding access to the Copper Salmon Wilderness to conduct historical and cultural activities. SEC. 5. DESIGNATION OF POTENTIAL WILDERNESS AREA, SISKIYOU NATIONAL FOREST, OREGON. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain National Forest System land in the State of Oregon administered by the Forest Service as part of the Siskiyou National Forest and compromising approximately 1,708 acres, as generally depicted on the map entitled ``Copper Salmon Wilderness Proposal'' and dated April 1, 2008, are designated as a potential wilderness area for eventual inclusion in the Copper Salmon Wilderness designated by paragraph (30) of section 3 of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98- 328), as added by section 2. (b) Map and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of potential wilderness area designated by subsection (a). The map and legal description 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 description. In the case of any discrepancy between the acreage specified in subsection (a) and the map, the map shall control. The map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (c) Management.--Except as provided in subsection (d) and subject to valid existing rights, the Secretary shall manage the potential wilderness area designated by subsection (a) as wilderness until its designated as wilderness under subsection (e). (d) Ecological Restoration.-- (1) In general.--For the purposes of implementing the planned ecological restoration approved by the Decision Notice and Finding of No Significant Impact for the Environmental Assessment for the Coastal Healthy Forest Treatments, dated May 25, 2007, the Secretary may use motorized equipment and mechanized transport in the potential wilderness area until its designated as wilderness under subsection (e). (2) Limitation.--To the maximum extent practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration under paragraph (1) with the least amount of adverse impact on wilderness character and resources. (e) Eventual Wilderness Designation.--The potential wilderness area designated by subsection (a) shall be designated as wilderness on the earlier of-- (1) the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have been removed; or (2) the date that is 10 years after the date of the enactment of this Act. (f) Incorporation Into Copper Salmon Wilderness; Administration.--On its designation as wilderness under subsection (e), the potential wilderness area designated by subsection (a) shall be-- (1) incorporated into the Copper Salmon Wilderness; and (2) administered in accordance with the Wilderness Act, the Oregon Wilderness Act of 1984, and other laws applicable to the Copper Salmon Wilderness, except that, with respect to the potential wilderness area, any reference in the Wilderness Act to the effective date of that Act shall be deemed to be a reference to the date on which the lands are designated as wilderness under subsection (e). The SPEAKER pro tempore. Pursuant to the rule, the gentleman from West Virginia (Mr. Rahall) and the gentleman from Tennessee (Mr. Duncan) each will control 20 minutes. The Chair recognizes the gentleman from West Virginia. General Leave Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the resolution under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from West Virginia? There was no objection. Mr. RAHALL. Mr. Speaker, today the House of Representatives starts our celebration of Earth Day with the consideration of two measures to designate wilderness on Federal lands in opposite ends of the country, Oregon, and in my home State of West Virginia. As chairman of the Committee on Natural Resources, I think it appropriate to recognize that in many places of this great Nation of ours, there remain areas with special features, unique landscapes teeming with wildlife that deserve and command conservation. The pending measure, introduced by our colleague, Representative Peter DeFazio, would designate portions of the National Forest System land in Oregon as wilderness and potential wilderness, and designate segments of the Elk River as wild and scenic. These areas include some of the last remaining stands of Port Orford Cedars in the Elk River watershed. Furthermore, the fisheries of the Elk River are known as one of the best salmon and steelhead producers in the continental United States. This bill has broad support from the Governor of Oregon, the Curry County Commission, the Mayor of Port Orford, the Port Orford Chamber of Commerce, the Friends of the Elk River, Trout Unlimited, and the American Fisheries Society, the Oregon Chapter. I wish to commend our colleague, a member of our Natural Resources Committee and our Transportation and Infrastructure Committee, Representative DeFazio, for his outstanding work on this bill. [[Page 6517]] I support H.R. 3513. I reserve the balance of my time. Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume, and I will simply rise to say this: I believe that Chairman Rahall has adequately described this bill. I reserve the balance of my time. Mr. RAHALL. I have no further requests for time. We're ready to yield back if the gentleman from Tennessee is. Mr. DUNCAN. I have no further speakers, and I yield back the balance of my time. Mr. DeFAZIO. Mr. Speaker, today I rise in strong support of H.R. 3513, the Copper Salmon Wilderness Act. The Copper Salmon Wilderness Act would permanently protect nearly 13,000 acres in the headwaters of the Elk River on the southern coast of Oregon, and designate more than 11 additional miles of the river as either Wild or Scenic under the Wild and Scenic Rivers Act. This legislation would protect some of the last remaining stands of Port- Orford-cedar in the Elk River watershed, which has the distinction as one of the most productive salmon and steelhead rivers outside of Alaska. This is rugged, wild territory, and I am hopeful that it may finally become wilderness in the 110th Congress: Renowned among fishermen, the Elk River watershed is one of the last intact watersheds on the southwest Oregon Coast and is widely regarded as Oregon's last, best coastal salmon and steelhead stream. Oregon State University researchers have concluded that the Elk River is one of the healthiest habitats in the lower 48 states for anadromous fish, and the stream is home to chinook salmon, winter steelhead, coho salmon, cutthroat trout, and rainbow trout. One of the things about this legislation about which I am most proud is that diverse stakeholders have been working together for more than a decade to gain broad support for protecting the Copper Salmon area. H.R. 3513 enjoys backing from Curry County Commissioners, local elected officials, the local Chamber of Commerce, hunting and fishing groups, tribes, the timber industry, and all local conservation groups. This is a model for the community-based consensus approach to designating wilderness. Copper Salmon is truly a rare coastal Oregon gem. It is almost entirely intact ancient forest, which supports healthy fish runs and great elk herds, blacktailed deer, bears, and other wildlife. It is adjacent to the existing Grassy Knob Wilderness, and combined, these two areas will be one of the largest intact areas of forest in the Coast Range. This is an area that deserves protection for the enjoyment of future generations. I am a proud advocate of protecting the Copper Salmon area, and urge my colleagues to join me in the passage of H.R. 3513, the Copper Salmon Wilderness Act. Mr. WU. Mr. Speaker, I rise today in support of H.R. 3513, the Copper Salmon Wilderness Act. This bill, introduced by my friend, colleague and Dean of the Oregon delegation, Mr. DeFazio, would set aside nearly 13,000 acres in the headwaters of the Elk River on the southern coast of Oregon, and designate more than 11 additional miles of the river as either wild or scenic under the Wild and Scenic Rivers Act. The Copper Salmon area contains one of the Nation's largest remaining stands of low-elevation old-growth forest and in the north fork of the Elk, one of the healthiest salmon, steelhead, and cutthroat trout runs in the continental United States. Mr. Speaker, I cannot talk about the health of this great river without calling attention to the fact that the Pacific Coast salmon fishermen face one of the largest salmon fishery closures ever recorded in the United States. It is legislation like this that makes us realize the importance of looking into the future and to move in a direction that not only protects the fish, but also the local economy by providing habitat for more fish to flourish and survive into adulthood. Mr. Speaker, it was poor natural resource management that has helped to create our recent salmon disasters and this bill offers a chance to head in another direction. The Oregon delegation and their friends in California and Washington have worked hard, and worked collectively to make sure that both salmon and our fishermen are protected. I would like to thank you, Mr. Speaker, for your assistance in the past for disaster relief funds for our 1,200 salmon fishermen. I ask that you keep a watchful eye this season as the salmon fishermen of the Pacific face another closed season, another disaster declaration, and lost revenue. Mr. RAHALL. I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from West Virginia (Mr. Rahall) that the House suspend the rules and pass the bill, H.R. 3513, as amended. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. A motion to reconsider was laid on the table. ____________________