[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5236 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5236

   To provide for the establishment and management of the Opal Creek 
                Forest Preserve in the State of Oregon.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

              October 7 (legislative day, October 6), 1994

Mr. Kopetski introduced the following bill; which was referred jointly 
         to the Committees on Natural Resources and Agriculture

_______________________________________________________________________

                                 A BILL


 
   To provide for the establishment and management of the Opal Creek 
                Forest Preserve in the State of Oregon.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Opal Creek Forest 
Preserve Act of 1994''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Opal Creek Forest Preserve.
Sec. 5. Administration of the Preserve.
Sec. 6. Prohibitions regarding the management of the Preserve.
Sec. 7. Access to and acquisition of non-Federal land.
Sec. 8. Authority of the Secretary and responsible parties to conduct 
                            environmental response actions or pursue 
                            liability.
Sec. 9. Grandfather clause.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Old-growth forests are unique ecosystems that serve as 
        critical habitat for hundreds of vertebrate and invertebrate 
        animals, plants, and fungi.
            (2) Old-growth forests provide clean and plentiful water 
        and support streams and rivers containing runs of anadromous 
        and resident cold water fish, which are wholly dependent on 
        high quantity and quality water for migration, spawning, 
        rearing, and cover.
            (3) The high quantity and quality of water in streams and 
        rivers in old-growth forests can only be maintained by 
        protecting the watersheds of these streams and rivers.
            (4) Old-growth forests provide unique and outstanding 
        opportunities for educational study, scientific research, and 
        recreation.
            (5) The establishment of a watershed and forest preserve to 
        protect areas of old-growth forests and surface waters can 
        contribute significantly to the quality of life for the 
        residents of the State of Oregon through education, recreation, 
        and a protected water supply.
            (6) The area known as the Opal Creek Forest, located on the 
        upper Little North Fork of the Santiam River in the State of 
        Oregon, contains one of the largest remaining intact old-growth 
        forest ecosystems in the Western Oregon Cascades. Although the 
        landscape mosaic in the Opal Creek Forest may reflect some past 
        logging, young stands of trees in the area mainly owe their 
        existence to natural disturbances, chiefly wildfire.
            (7) The Opal Creek Forest contains outstanding geological 
        and botanical features and contains attributes of historic and 
        prehistoric importance.
            (8) The recreational use of the Opal Creek Forest, 
        typically in the form of hiking, sightseeing, and the general 
        enjoyment of the outdoor environment, is significant and likely 
        to increase.
            (9) It is desirable to limit the human-related disturbances 
        and development of the Opal Creek Forest in order to protect 
        fully the special features of the forest and maintain the full 
        potential of its watershed for scientific, educational, and 
        research purposes.
            (10) Preservation of the Opal Creek Forest provides 
        outstanding opportunities for scientists to conduct research 
        regarding old-growth forests and for educators to provide 
        scientifically credible information to the public.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect and preserve the forests and watersheds 
        contained in the Opal Creek Forest Preserve;
            (2) consistent with paragraph (1), to promote and conduct--
                    (A) research in the Preserve regarding old-growth 
                forests in a manner that does not include the 
                harvesting of timber or otherwise damage the ecosystem; 
                and
                    (B) educational programs in the Preserve on old-
                growth forests and cultural and historic resources in 
                the Preserve; and
            (3) consistent with paragraphs (1) and (2), to permit and 
        regulate recreation in the Preserve.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Preserve.--The term ``Preserve'' means the Opal Creek 
        Forest Preserve established in section 4(a).
            (2) Management plan.--The term ``management plan'' means 
        the management plan for the Preserve developed pursuant to 
        section 5(b).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. OPAL CREEK FOREST PRESERVE.

    (a) Establishment of Preserve.--There is hereby established the 
Opal Creek Forest Preserve in order to protect and preserve the forests 
and watersheds in the Preserve and to promote the research, 
educational, and recreational purposes of this Act.
    (b) Description of Preserve.--The Preserve shall consist of those 
Federal lands located in the Willamette and Mt. Hood National Forests 
in the State of Oregon that are generally depicted on the map dated 
August 1994, and entitled the ``Opal Creek Preserve Area''. The 
Preserve shall also include such lands as may be added under section 7 
of this Act. The map referred to in this subsection shall be kept on 
file and made available for public inspection in the Office of the 
Chief of the Forest Service, United States Department of Agriculture.

SEC. 5. ADMINISTRATION OF THE PRESERVE.

    (a) In General.--The Secretary shall administer the Preserve in 
accordance with this Act and with the laws, rules, and regulations 
applicable to National Forest System lands in a manner that will 
further the purposes of this Act.
    (b) Management Plan.--The Secretary shall prepare a comprehensive 
management plan for the Preserve to achieve the purposes of this Act. 
The management plan shall be considered to be a nonsignificant 
amendment to the Willamette and Mt. Hood Forest Land and Resource 
Management Plans. The management plan shall be prepared with public 
involvement which shall include consultation with interested 
individuals and organizations. The Secretary may enter into memoranda 
of understanding with interested parties to accomplish the purposes of 
this Act. The management plan shall include analysis and direction on 
the use of campfires within the Preserve.
    (c) Protection of Cultural and Historic Resources.--Not later than 
one year after the date of the enactment of this Act, the Secretary 
shall review and revise the inventory of the cultural and historic 
resources in the area covered by the Preserve, which was originally 
developed pursuant to the Oregon Wilderness Act of 1984 (Public Law 98-
328; 16 U.S.C. 1131 note). The Secretary shall submit a report to 
Congress describing the results of the review of such inventory.
    (d) Applicability of Mining, Mineral Leasing, and Disposal Laws.--
            (1) Restriction.--After the date of the enactment of this 
        Act--
                    (A) lands within the Preserve shall not be open to 
                the location of mining claims and mill and tunnel sites 
                under the general mining laws of the United States;
                    (B) the Secretary shall not issue any lease under 
                the Mineral Leasing Act (30 U.S.C. 181 and following) 
                or the Geothermal Steam Act of 1970 (30 U.S.C. 100 and 
                following) for lands within the Preserve; and
                    (C) lands within the Preserve shall not be 
                available for disposal of mineral materials under the 
                Act of July 31, 1947, commonly known as the Materials 
                Act of 1947 (30 U.S.C. 601 and following).
            (2) Acquired lands.--The restriction provided by paragraph 
        (1) shall also apply to any Federal lands added to the Preserve 
        after the date of the enactment of this Act, except that the 
        restriction shall apply to such lands only upon addition to the 
        Preserve.
    (e) Private Inholdings.--The Secretary may cooperate with, and 
provide technical assistance to, private landowners, organizations, and 
other entities holding private lands within the boundaries of the 
Preserve to promote the use and management of such lands in a manner 
consistent with the purposes of this Act.

SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF THE PRESERVE.

    (a) Prohibition on Logging or Other Timber Harvesting.--
            (1) Prohibition.--Except as provided in paragraph (2), the 
        cutting of trees in the Preserve is prohibited.
            (2) Exceptions.--The prohibition contained in paragraph (1) 
        shall not apply to the extent that the Secretary determines 
        that the cutting of specific trees in the Preserve is 
        necessary--
                    (A) for public safety, such as to control the 
                spread of a forest fire in the Preserve or on lands 
                adjacent to the Preserve; or
                    (B) for administrative use related to activities 
                permitted in the Preserve.
            (3) Limitation on exception.--The cutting of trees 
        authorized under paragraph (2) may not include salvage sales or 
        harvests of commercial quantities of timber in the Preserve.
            (4) Collection of downed wood.--The collection of downed 
        wood for firewood by permit may be allowed in a manner 
        consistent with the purposes of this Act.
    (b) Prohibition on Off Road Motorized Travel.--
            (1) Prohibition.--Except as provided in paragraph (2) and 
        subject to valid existing rights, the use of motor vehicles off 
        or outside of the established roadbed of roads in the Preserve 
        is prohibited.
            (2) Exception.--The prohibition contained in paragraph (1) 
        shall not apply to the extent that the Secretary determines 
        that the use of a motor vehicle off or outside of the 
        established roadbed of a road in the Preserve is necessary for 
        administrative purposes or to respond to an emergency.
    (c) Prohibition on Use of Certain Roads.--
            (1) Prohibition.--Except as provided in paragraph (2) and 
        subject to valid existing rights, the use of motor vehicles is 
        prohibited on the following roads located in the Preserve:
                    (A) Forest road 2209 from the gate in existence on 
                the date of the enactment of this Act eastward to the 
                intersection of the road with the wilderness boundary.
                    (B) Forest roads 290 and 330, which are spur roads 
                to the road described in subparagraph (A).
            (2) Exceptions.--The prohibition contained in paragraph (1) 
        shall not apply to the extent that the Secretary determines 
        that the use of the roads described in such paragraph is 
        necessary for administrative purposes or to respond to an 
        emergency.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to prohibit inholders and claim holders of valid 
        mining claims from using the roads described in paragraph (1) 
        for ingress and egress to their inholdings or valid mining 
        claims, subject to such reasonable terms and conditions, 
        consistent with the purposes of this Act, as the Secretary may 
        prescribe. Nothing in this subsection shall be construed to 
        prohibit motor vehicle traffic on other roads established in 
        the Preserve, in particular those forest roads providing access 
        for claim holders of valid mining claims for the use of lands 
        in the Preserve or within the Cedar Creek watershed within two 
        miles outside of the boundaries of the Preserve.
    (d) Prohibition on Road Construction.--
            (1) Prohibition.--Except as provided in paragraph (2) and 
        subsection (e), and subject to valid existing rights, the 
        construction of new roads is prohibited in the Preserve.
            (2) Exceptions.--The prohibition contained in paragraph (1) 
        shall not apply to the extent that the Secretary determines 
        that the construction of new roads, or the improvement of 
        existing roads, in the Preserve is necessary to accomplish the 
        purposes of this Act or to provide access to inholdings or for 
        claim holders of valid mining claims for the use of lands in 
        the Preserve or within the Cedar Creek watershed within two 
        miles outside of the boundaries of the Preserve. The Secretary 
        may maintain or improve roads in the Preserve to the extent the 
        Secretary determines that such maintenance or improvements are 
        necessary to accomplish the purposes of this Act, to provide 
        for the protection of the natural resources of the Preserve, to 
        provide for public safety, or to ensure access for inholders 
        and claims holders of valid mining claims for the use of lands 
        in the Preserve or within the Cedar Creek watershed within two 
        miles outside of the boundaries of the Preserve.
            (3) Limitation on exception.--The construction or 
        improvement of roads in the Preserve pursuant to paragraph (2) 
        or subsection (e) may not include paving or any work beyond 50 
        feet on either side of the centerline of the road bed.
    (e) Utilities and Accompanying Road.--In compliance with applicable 
laws and the Willamette National Forest Land and Resource Management 
Plan, the Secretary may allow the installation and maintenance of power 
lines and water lines (and an accompanying service road) through the 
Preserve to serve authorized activities conducted on land within the 
Cedar Creek watershed within two miles outside of the boundaries of the 
Preserve.

SEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND.

    (a) Inventory and Acquisition of Non-Federal Lands.--The Secretary 
shall conduct an inventory of all non-Federal lands and interests in 
lands within the boundaries of the Preserve. The Secretary may acquire 
such inventoried lands (or interests in such lands) for inclusion in 
the Preserve. The Secretary may not acquire, for inclusion in the 
Preserve, any lands or interests in lands within the boundaries of the 
Preserve without the consent of the owner, unless the Secretary 
determines that the land is being developed or managed (or is proposed 
to be developed or managed) in a manner inconsistent with the purposes 
of this Act. Nothing in this Act may be construed to prevent the 
Secretary from increasing the size of the Preserve.
    (b) Special Rule for Santiam No. 1 Lode Mining Claim.--
Notwithstanding subsection (a), the parcel of real property located 
within the boundaries of the Preserve that is known as the Santiam No. 
1 lode mining claim and identified in section 8140 of the Department of 
Defense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1213), 
may be acquired by the Secretary only--
            (1) by purchase for an amount equal to not more than the 
        sum of--
                    (A) the amount that the original patentee of the 
                parcel paid for the parcel; and
                    (B) the cost of any improvements made to the parcel 
                by the patentee; or
            (2) by donation.
    (c) Rights-of-Way.--Nothing in this section shall be construed to 
affect the authority of the Secretary to acquire road and trail rights-
of-way on lands in the Preserve under existing authorities.
    (d) Access and Utilities to Inholdings.--
            (1) In general.--In the case of private inholdings located 
        within the boundaries of the Preserve, the Secretary shall 
        authorize the use of Federal land in the Preserve by the holder 
        of the inholding to assure adequate access to the inholding 
        under applicable law.
            (2) Jawbone flats.--With respect to the inholding known as 
        the Jawbone Flats area, the Secretary shall authorize the use 
        of Federal land in the Preserve by the owners of the inholding 
        to provide for access and utilities for a facility in the 
        inholding if the Secretary determines that the facility (and 
        use of the facility) is consistent with the purposes of this 
        Act.
            (3) Terms and conditions.--The use of Federal land in the 
        Preserve under this subsection shall be subject to such 
        reasonable terms and conditions, consistent with the purposes 
        of this Act, as the Secretary may prescribe.

SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE PARTIES TO CONDUCT 
              ENVIRONMENTAL RESPONSE ACTIONS OR PURSUE LIABILITY.

    (a) Remediation Activities.--Nothing in this Act shall be construed 
to limit the authority of the Secretary or a responsible party to 
conduct environmental remediation activities in the Preserve in 
connection with the release, threatened release, or clean up of any 
hazardous substance or pollutant or contaminant, including response 
actions conducted pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
    (b) Liability.--Nothing in this Act shall be construed to limit the 
authority of the Secretary or a responsible party to address questions 
of liability related to the release, threatened release, or clean up of 
any hazardous substance or pollutant or contaminant in the Preserve.

SEC. 9. GRANDFATHER CLAUSE.

    Nothing in this Act shall be construed to affect the operation of 
any timber sale contract entered into, or interfere with any activity 
for which a special use permit has been issued (and not revoked), 
before the date of the enactment of this Act, subject to the terms of 
the contract or permit.
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HR 5236 IH----2