[Senate Report 110-307]
[From the U.S. Government Publishing Office]
Calendar No. 659
110th Congress Report
SENATE
2d Session 110-307
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COPPER SALMON WILDERNESS ACT
_______
April 10, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2034]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2034) to amend the Oregon Wilderness Act
of 1984 to designate the 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, having
considered the same, reports favorably thereon with an
amendment and an amendment to the title and recommends that the
bill, as amended, do pass.
The amendment is as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copper Salmon Wilderness Act''.
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 ``873,300 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 13,700 acres, as generally depicted on
the map entitled `Proposed Copper Salmon Wilderness Area' and
dated December 7, 2007, 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 ``29-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.
2. Amend the title so as to read: ``To amend the Oregon
Wilderness Act of 1984 to designate the 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 additions to the Elk Wild and
Scenic River, and for other purposes.''.
Purpose
The purpose of S. 2034 is to amend the Oregon Wilderness
Act of 1984 to designate the 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.
Background and Need
East of the existing Grassy Knob Wilderness Area, The
Copper Salmon area encompasses Copper, Barklow, and Salmon
Mountains in the Rogue River-Siskiyou National Forest in
southwest Oregon. It contains one of the nation's largest
remaining stands of low-elevation old-growth forest, including
tall Douglas firs and relatively rare native Port Orford
cedars. The area also contains the headwaters of the North Fork
of the Elk River.
During the last decade, a dedicated group of people have
been working hard to protect Copper Salmon. The Port Orford
Chamber of Commerce, the Mayor of Port Orford, the Curry County
Commissioners, and a majority of the guides and lodges support
wilderness designation.
Copper Salmon is renowned among fishermen, and is a popular
destination for anglers seeking to catch a trophy chinook
salmon or winter steelhead. Few watersheds in Oregon can match
the Elk River drainage. Copper Salmon also supports healthy
populations of blacktail deer, elk, black bear, and mountain
lion.
Eighty percent of the watershed in this region is still
intact. The Elk River has healthy wild runs of winter steelhead
and chinook. It also has some coho salmon and sea-run cutthroat
trout, as well as resident cutthroats and rainbow trout. Oregon
State University researchers believe it is one of the
healthiest anadromous fish streams in the lower 48 due to
intact habitat.
S. 2034 would designate the 13,700 acre Copper Salmon area
as wilderness. It would also designate 9.3 miles of wild and
scenic rivers.
Legislative History
S. 2034 was introduced by Senator Wyden on September 10,
2007 and Senator Smith was added as a cosponsor on September
20, 2007. Rep. DeFazio introduced a companion measure in the
House of Representatives (H.R. 3513) on September 10, 2007. The
Subcommittee on Public Lands and Forests held a hearing on S.
2034 on September 20, 2007 (S. Hrg. 110-216). The Committee on
Energy and Natural Resources ordered it favorably reported on
January 30, 2008.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by a voice vote of a
quorum present, recommends that the Senate pass S. 2034, if
amended as described herein.
Committee Amendment
During its consideration of S. 2034, the Committee adopted
an amendment in the nature of a substitute. The amendment makes
several technical changes and changes the map date so that the
bill references an updated map. In addition, the amendment
requires that, 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. Finally, the amendment includes a new provision
regarding tribal rights.
Section-by-Section Analysis
Section 1 contains the short title for the bill.
Section 2(a) amends section 3 of the Oregon Wilderness Act
of 1984 by adding certain land in the Siskiyou National Forest,
comprising approximately 13,700 acres, as depicted on the
identified map, to be known as the ``Copper Salmon
Wilderness.''
The Committee is aware that some National Forest lands
designated as Wilderness by S. 2034 contain culverts. The
Committee understands that some of the culverts are in
disrepair. In fact, in 2002 the General Accounting Office
reported that the Forest Service's culvert maintenance backlog
totals $331 million in Washington and Oregon (GAO-02-596T). The
GAO report concludes that the Forest Service has not made
sufficient funds available for culvert maintenance.
The Committee anticipates that the Forest Service will
eventually remove most, if not all, of the culverts after this
area is designated as wilderness. However, the Committee is
aware that such removal may not occur in a timely manner given
the current state of the Forest Service's maintenance backlog.
In the interim, the Forest Service may find that continued
maintenance is necessary with respect to a particular culvert
or culverts in order to avoid damage to fisheries and soil
resources.
Section 4(c) of the Wilderness Act prohibits among other
things, the use of motor vehicles, motorized equipment, or
other forms of mechanized transport, ``except as necessary to
meet minimum requirements for the Administration of the area
for the purpose of this Act * * *'' The Committee believes that
the Forest Service's ability to properly maintain affected
culverts can be accomplished consistent with the authority of
the Wilderness Act. The Committee recognizes that the Forest
Service may determine that the use of motorized or mechanized
equipment is necessary to accomplish maintenance activities. In
fact, the Committee notes that the Federal land management
agencies' wilderness management guidelines explicitly state
that the term ``minimum tool'' is not synonymous with
``primitive tool'' and in some cases an agency may determine
that minimum tool includes motor vehicles, or other motorized
or mechanized equipment.
Paragraph (b)(1) requires the Secretary of Agriculture to
file a map and a legal description of the Copper Salmon
Wilderness with the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives.
Paragraph (2) provides that the map and legal description
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.
Paragraph (3) states that, 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.
Paragraph (4) requires that 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.
Section 3 amends section 3(a)(76) of the Wild and Scenic
Rivers Act to designate segments of the North and South Forks
of the Elk River as additions to the existing Elk Wild and
Scenic River.
Section 4 states that nothing in this Act shall be
construed as diminishing any right of any Indian tribe and
requires the Secretary to 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.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2034--Copper Salmon Wilderness Act
S. 2034 would designate 13,700 acres of land in the
Siskiyou National Forest in Oregon as the Copper Salmon
Wilderness. The bill also would designate certain segments of
the north and south forks of the Elk River in Oregon as wild or
scenic rivers.
Assuming the availability of appropriated funds, CBO
estimates that discretionary costs would increase by less than
$1 million to implement the bill. The funds would be used to
survey and mark the wilderness area as well as remove existing
culverts and roads.
In addition, because a small portion of the affected area
has had an environmental assessment completed, timber
harvesting could occur in this area during the next 10 years
under current law. Because the bill would designate the land as
wilderness, some of that timber harvesting would not occur,
leading to a loss of offsetting receipts. According to the
Forest Service, any such activities would likely be done
through the use of stewardship contracts, a program that allows
the Forest Service to use proceeds from such sales, without
appropriation, for various purposes. Thus, while the bill would
lead to a small loss of offsetting receipts (less than $500,000
over the 2009-2018 period), those losses would be offset by a
corresponding reduction in direct spending. On balance, CBO
estimates that enacting this legislation would have no net
impact on direct spending and would not affect revenues.
S. 2034 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Tyler Kruzich.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2034. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2034, as ordered reported.
Congressionally Directed Spending
S. 2034, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in Rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The views of the Administration were included in testimony
received by the Committee at a hearing on S. 2034 on September
20, 2007.
Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest
Service, Department of Agriculture
* * * * * * *
S. 2034, Copper Salmon Wilderness Act
Mr. Chairman and members of the committee, I appreciate the
opportunity to appear before you to provide the Department's
views on the bills which are on the agenda today.
* * * * * * *
s. 2034, copper salmon wilderness act
This bill would designate approximately 13,700 acres of the
Rogue River-Siskiyou National Forest as wilderness and
designate segments of the North and South Forks of the Elk
River as additions to the existing Elk Wild and Scenic River.
The Department supports this bill, but requests some
important adjustments to the wilderness boundary. These
adjustments would provide for better separation of motorized
use from the wilderness, allow for road maintenance activities
within road clearing limits (such as ditch cleaning and culvert
and bridge maintenance), as well as to accommodate treatments
of plantations that would improve forest health and habitat
diversity while increasing firefighter safety.
The wilderness proposal comprises 13,700 acres of rugged
forested land surrounding Copper Mountain, Barklow Mountain,
and Salmon Mountain adjacent to the Grassy Knob Wilderness. It
contains vast stands of Douglas fir and relatively rare native
Port Orford cedar trees. About ten percent of the proposed
wilderness area is designated in the Siskiyou National Forest
Plan as a ``Supplemental Resource Area'', considered highly
productive habitat for wildlife and fish, critical for the
maintenance of watershed condition, and with special recreation
values. Lands within the proposed wilderness are primarily
allocated as Late Successional Reserves (LSR) under the
Northwest Forest Plan. LSRs are designed to serve as habitat
for old growth-related species. This LSR allocation includes
2,267 acres of previously managed overstocked Douglas fir
plantations.
Using perimeter forest roads as the boundary designation
would likely lead to unintended incursions of motorized
vehicles and mechanized equipment into the wilderness. In
addition most of the plantations adjacent to forest roads that
comprise a portion of the wilderness boundary (about 1,000
acres) were included in the Coastal Healthy Forest
Environmental Analysis signed in 2007. Treatment of these
stands would improve habitat conditions for fish and wildlife,
reduce effects from insects and disease, and provide defensible
space for firefighters in the event of a wildfire, consistent
with their allocation as Late Successional Reserve (LSRs).
Wilderness designation would preclude this treatment.
The proposed wilderness includes about nine miles of
designated roads. All but two of those road miles are currently
closed to vehicular traffic; however, these roads are highly
engineered up steep slopes, with significant cuts and fills,
culverts, and other constructed features. If the area is
designated as wilderness, the forest would consider converting
some of these roads into hiking and equestrian trails to
improve access, but most would require decommissioning to
protect water quality and fisheries resource values. This would
require heavy equipment to remove culverts and contour the land
to reduce erosion, as well as significant investment.
The Department would like to work with the bill's sponsor
and the committee to offset the wilderness boundary inward
along perimeter roads to implement planned treatments within a
reasonable distance of the road, provide for routine road
maintenance, and to decrease the likelihood of incompatible
motorized use in wilderness. We also request that the bill
include the date of the map referencing the intended wilderness
configuration.
The bill would designate segments of the North and South
Forks of the Elk River as additions to the existing Elk Wild
and Scenic River. The Rogue River-Siskiyou National Forest
completed an extensive wild and scenic river inventory and,
while both tributaries are free-flowing, neither was judged to
have an outstandingly remarkable value. Nevertheless, in
recognition of the value of managing the Elk River as a system
that contributes to one of the most important and valuable runs
of anadromous fish in coastal Oregon, the Department does not
oppose the proposed additions in this bill.
Mr. Chairman and members of the committee, this concludes
my testimony. I am happy to answer any questions you may have
at this time.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2034 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
A. OREGON WILDERNESS ACT OF 1984
(Public Law 98-328; Approved June 26, 1984)
AN ACT To designate certain national forest system and other lands in
the State of Oregon for inclusion in the National Wilderness
Preservation System, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress Assembled, That this
Act may be referred to as the ``Oregon Wilderness Act of
1984''.
* * * * * * *
Sec. 3. In furtherance of the purpose of the Wilderness Act
the following lands in the State of Oregon comprising
approximately [eight hundred fifty-nine thousand six hundred
acres] 873,300 acres and as generally depicted on maps
appropriately referenced, dated May 1984; are hereby designated
as wilderness, and therefore, as components of the National
Wilderness Preservation System--
* * * * * * *
(29) certain lands in the Wallowa-Whitman National
Forest, which comprise approximately twenty-two
thousand seven hundred acres, are generally depicted on
a map entitled ``Hells Canyon Wilderness Additions--
Proposed'', and which are hereby incorporated in, and
which shall be deemed to be part of, the Hells Canyon
Wilderness as designated in Public Law 94-199[.] ; and
(30) certain land in the Siskiyou National Forest,
comprising approximately 13,700 acres, as generally
depicted on the map entitled `Proposed Copper Salmon
Wilderness Area' and dated December 7, 2007, to be
known as the `Copper Salmon Wilderness'.
* * * * * * *
B. WILD AND SCENIC RIVERS ACT
(Public Law 90-542; Approved October 2, 1968)
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
this Act may be cited as the ``Wild and Scenic Rivers Act''.
* * * * * * *
Sec. 3(a). The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(76) Elk, oregon.--The [19-mile segment] 29-mile
segment to be administered by the Secretary of
Agriculture in the following classes:
* * * * * * *
(A) The 17-mile segment from the confluence
of the North and South Forks of the Elk to
Anvil Creek as a recreational river[; and].
[(B) the 2-mile segment of the North Fork Elk
from the falls to its confluence with the South
Fork as a wild river.]
(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.
* * * * * * *