[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1662 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                S. 1662

_______________________________________________________________________

                                 AN ACT


 
To establish areas of wilderness and recreation in the State of Oregon, 
                        and for other purposes.

    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 ``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 July 
        1996.
            (3) Scenic recreation area.--The term ``Scenic Recreation 
        Area'' means the Opal Creek Scenic Recreation Area, comprising 
        approximately 13,000 acres, as generally depicted on the map 
        entitled ``Proposed Opal Creek Wilderness and Scenic Recreation 
        Area'', dated July 1996 and established under section 104(a)(3) 
        of this title.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 103. PURPOSES.

    The purposes of this title are--
            (1) to establish a wilderness and scenic recreation area to 
        protect and provide for the enhancement of the natural, scenic, 
        recreational, historic and cultural resources of the area in 
        the vicinity of Opal Creek;
            (2) to protect and support the economy of the communities 
        in the Santiam Canyon; and
            (3) to provide increased protection for an important 
        drinking water source for communities served by the North 
        Santiam River.

SEC. 104. 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 provisions of the Wilderness Act of 
        1964, shall become a component of the National Wilderness 
        System, and shall be know 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 described in section 102(3).
    (b) Conditions.--The designations in subsection (a) shall not take 
effect unless the Secretary makes a determination, not later than 2 
years after the date of enactment of this title, that the following 
conditions have been met--
            (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, 8, and 13 
                mining claims; and
                    (C) an 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. In the sole discretion of the Secretary, such 
                easement may be limited to administrative use if an 
                alternative access route, adequate and appropriate for 
                public use, is provided.
            (2) a binding agreement has been executed by the Secretary 
        and the owners of record as of March 29, 1996, of the following 
        interests, specifying the terms and conditions for the 
        disposition of such interests 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; and
                    (B) Ruth Quartz Mine Number 1, mineral survey 
                number 994, as described in patent number 39-91-0012, 
                dated February 12, 1991.
    (c) Additions to the Wilderness and Scenic Recreation Areas.--
            (1) Lands or interests in lands conveyed to the United 
        States under this section shall be included in and become part 
        of, as appropriate, Opal Creek Wilderness or the Opal Creek 
        Scenic Recreation Area.
            (2) On acquiring all or substantially all of the land 
        located in section 36, township 8 south, range 4 east, of the 
        Williamette Meridian, Marion County, Oregon, commonly known as 
        the Rosboro section by exchange, purchase from a willing 
        seller, or by donation, the Secretary shall expand the boundary 
        of the Scenic Recreation Area to include such land.
            (3) On acquiring all or substantially all of the land 
        located in section 18, township 8 south, range 5 east, Marion 
        County, Oregon, commonly known as the Times Mirror property, by 
        exchange, purchase from a willing seller, or by donation, such 
        land shall be included in and become a part of the Opal Creek 
        Wilderness.

SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION AREA.

    (a) In General.--The Secretary shall administer the Scenic 
Recreation Area in accordance with this title and 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 106(a), shall prepare a comprehensive Opal Creek 
        Management Plan (Management Plan) for the Scenic Recreation 
        Area.
            (2) Incorporation in land and resource management plan.--
        Upon its completion, the Opal Creek Management Plan shall 
        become part of the land and resource management plan for the 
        Williamette National Forest and supersede any conflicting 
        provision in such land and resource management plan. Nothing in 
        this paragraph shall be construed to supersede the requirements 
        of the Endangered Species Act or the National Forest Management 
        Act or regulations promulgated under those Acts, or any other 
        law.
            (3) Requirements.--The Opal Creek Management Plan shall 
        provide for 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) Recreation.--
            (1) Recognition.--Congress recognizes recreation as an 
        appropriate use of the Scenic Recreation Area.
            (2) Minimum levels.--The management plan shall permit 
        recreation activities at not less than the levels in existence 
        on the date of enactment of this title.
            (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 title if such uses are consistent 
        with the protection of the resource values of Scenic Recreation 
        Area.
            (4) Public trail access.--The management plan may include 
        public trail access through section 28, township 8 south, range 
        5 east, Willamette Meridian, to Battle Axe Creek, Opal Pool and 
        other areas in the Opal Creek Wilderness and the Opal Creek 
        Scenic Recreation Area.
    (d) Transportation Planning.--
            (1) In general.--Except as provided in this subparagraph, 
        motorized vehicles shall not be permitted in the Scenic 
        Recreation Area. To maintain reasonable motorized and other 
        access to recreation sites and facilities in existence on the 
        date of enactment of this title, the Secretary shall prepare a 
        transportation plan for the Scenic Recreation Area that--
                    (A) evaluates the road network within the Scenic 
                Recreation Area to determine which roads should be 
                retained and which roads should be closed;
                    (B) provides guidelines for transportation and 
                access consistent with this title;
                    (C) considers the access needs of persons with 
                disabilities in preparing the transportation plan for 
                the Scenic Recreation Area;
                    (D) allows forest road 2209 beyond the gate to the 
                Scenic Recreation Area, as depicted on the map 
                described in 102(2), to be used by motorized vehicles 
                only for administrative purposes and for access by 
                private inholders, subject to such terms and conditions 
                as the Secretary may determine to be necessary; and
                    (E) restricts construction on or improvements to 
                forest road 2209 beyond the gate to the Scenic 
                Recreation Area to maintaining the character of the 
                road as it existed upon the date of enactment of this 
                title, which shall not include paving or widening. In 
                order to comply with subsection 107(b) of this title, 
                the Secretary may make improvements to forest road 2209 
                and its bridge structures consistent with the character 
                of the road as it existed on the date of enactment of 
                this title.
    (e) Hunting and Fishing.--
            (1) In general.--Subject to applicable 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 of the Scenic Recreation Area.
            (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 subsection.
    (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--
                            (i) for public safety, such as to control 
                        the continued 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.--Subject to valid existing rights, all lands in the 
Scenic Recreation Area are withdrawn from--
            (1) any form of entry, appropriation, or disposal under the 
        public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) 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, depicted on the map 
        described in subsection 102(3), conducted in accordance with 
        applicable laws.
            (2) Nothing in this title shall be construed to interfere 
        with the ability of the Secretary to approve and issue, or 
        deny, 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) may 
        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 the 
provisions of subsection 105(h) with regard to the Bornite Project.
    (j) 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 developed pursuant to the Oregon Wilderness Act of 1984 
        (Public Law 98-328; U.S.C. 1132).
            (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 factual interpretation of the cultural, 
        ecological, and industrial history of forestry and mining in 
        the Scenic Recreation Area.
    (k) Participation.--So 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 106 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. 106. ADVISORY COUNCIL.

    (a) Establishment.--Not later than 90 days after 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;
            (4) 1 member shall represent the City of Salem, and shall 
        be designated by the mayor of Salem, Oregon;
            (5) 1 member from a city within a 25 mile radius of the 
        Opal Creek Scenic Recreation Area, to be designated by the 
        governor of the State of Oregon from a list of candidates 
        provided by the mayors of the cities located within a 25 mile 
        radius of the Opal Creek Scenic Recreation Area; and
            (6) 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 Opal Creek Wilderness and Scenic Recreation 
        Area, economic development interests and Indian Tribes.
    (c) Staggered Terms.--Members of the advisory council shall serve 
for staggered terms of three years.
    (d) Chairman.--The Secretary shall designate one 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.--Members of the advisory council shall receive no 
compensation for service on the advisory council.

SEC. 107. GENERAL PROVISIONS.

    (a) Land Acquisition.--
            (1) In general.--Subject to the other provisions of this 
        title 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.--Within the boundaries of the Opal Creek 
        Wilderness or the Scenic Recreation Area, 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 title; 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 purposes of 
                this title or the management plan prepared under 
                section 105(b).
            (4) Nothing in this title shall be construed to enhance or 
        diminish the condemnation authority available to the Secretary 
        outside the boundaries of the Opal Creek Wilderness or the 
        Scenic Recreation Area.
    (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 title, 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, has not been revoked, and 
has not expired, before the date of enactment of this title, subject to 
the terms of the permit.

SEC. 108. ROSBORO LAND EXCHANGE.

    (a) Authorization.--Notwithstanding any other law, if the Rosboro 
Lumber Company (referred to in this section as ``Rosboro'') offers and 
conveys marketable title to the United States to the land described in 
subsection (b), the Secretary of Agriculture shall convey all right, 
title and interest held by the United States to sufficient lands 
described in subsection (c) to Rosboro, in the order in which they 
appear in subsection (c), as necessary to satisfy the equal value 
requirements of subsection (d).
    (b) Land To Be Offered by Rosboro.--The land referred to in 
subsection (a) as the land to be offered by Rosboro shall comprise 
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 shall 
comprise sufficient land from the following prioritized list to be of 
equal value under subparagraph (d):
            (1) Section 5, Township 17 South, Range 4 East, Lot 7 
        (37.63 acres).
            (2) Section 2, Township 17 South, Range 4 East, Lot 3 
        (29.28 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 2, Township 17 South, Range 4 East, NW\1/
        4\SE\1/4\ (40 acres).
            (6) Section 8, Township 17 South, Range 4 East, SE\1/
        4\SW\1/4\ (40 acres).
            (7) Section 11, Township 17 South, Range 4 East, W\1/
        2\NW\1/4\ (80 acres).
    (d) Equal Value.--The land and interests in land exchanged under 
this section shall be of equal market value as determined by nationally 
recognized appraisal standards, including, to the extent appropriate, 
the Uniform Standards for Federal Land Acquisition, the Uniform 
Standards of Professional Appraisal Practice, or shall be equalized by 
way of payment of cash pursuant to 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. The appraisal shall consider access costs for 
the parcels involved.
    (e) Timetable.--
            (1) The exchange directed by this section shall be 
        consummated not later than 120 days after the date Rosboro 
        offers and conveys the property described in subsection (b) to 
        the United States.
            (2) 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 title.
            (3) Rosboro shall have the right to challenge in United 
        States District Court for the District of Oregon a 
        determination of marketability under subsection (a) and a 
        determination of value for the lands described in subsections 
        (b) and (c) by the Secretary of Agriculture. The Court shall 
        have the authority to order the Secretary to complete the 
        transaction contemplated in this section.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 109. 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.--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 the segment 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, extending 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 its confluence with Buck Creek in Section 
                1, Township 9 South, Range 3 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 the segment 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.
            ``(B) 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. 110. 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 Marion and Clackamas 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 title and to benefit local communities in the vicinity of the Opal 
Creek area. Such plan shall be based on an economic opportunity study 
and other appropriate information.
    (b) Funds Provided to the States for Grants.--Upon completion of 
the Opal Creek Management Plan, and receipt of the plan referred to in 
subsection (a) of this section, the Secretary shall provide, subject to 
appropriations, $15,000,000 to the State of Oregon. Such funds shall be 
used to make grants or loans for economic development projects that 
further the purposes of this title and benefit the local communities in 
the vicinity of Opal Creek.
    (c) Report.--The State of Oregon shall--
            (1) prepare and provide the Secretary and Congress with an 
        annual report 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 title, 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 
                Klamath Basin National Wildlife Refuge Complex;
                    (F) 4 representatives of local businesses and 
                industries, including at least one representative of 
                the wood products industry and one representative of 
                the ocean commercial fishing industry and/or the 
                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;
                    (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, National Marine Fisheries Service 
                and Ecosystem Restoration Office; and
                    (K) 1 representative of the Klamath County Soil and 
                Water Conservation District.
            (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 (P.L. 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 and consisting 
        of at least a quorum at a regularly scheduled business meeting.
            (7) Quorum.--The term ``quorum'' means one more than half 
        of those qualified Working Group members appointed and eligible 
        to serve.
            (8) Trinity task force.--The term ``Trinity Task Force'' 
        means the Trinity River Restoration Task Force created by 
        Public Law 98-541, as amended by Public Law 104-143.
    (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 
        among the Working Group, the Task Force, the Trinity 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, the Trinity 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. The roles and relationships 
        of the entities involved shall be clarified in the cooperative 
        agreement.
    (d) Public Meetings.--The Working Group shall conduct all meetings 
subject to applicable 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 title. 
Vacancies which occur for any reason after the date of enactment of 
this title shall be filled by direct appointment of the governor of the 
State of Oregon, in consultation with the Secretary of the Interior and 
the Secretary of Agriculture, in accordance with nominations from the 
appropriate groups, interests, and government agencies outlined in 
subsection (a)(2).
    (f) Rights, Duties, and Authorities Unaffected.--The Working Group 
will supplement, rather than replace, existing efforts to manage the 
natural resources of the Deschutes Basin. Nothing in this title affects 
any legal right, duty or authority of any person or agency, including 
any member of the working group.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title $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 title, 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 Department of the 
                Interior 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 county or city 
                governments within the Deschutes River Basin county 
                and/or city governments.
            (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 and constituting 
        at least a quorum at a regularly scheduled business meeting.
            (5) Quorum.--The term ``quorum'' means one more than half 
        of those qualified Working Group members appointed and eligible 
        to serve.
    (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 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 such funds received into a trust fund, to 
        be expended on ecological restoration projects which, when 
        involving Federal land or funds, are approved by the affected 
        Federal agency.
            (3) The Bureau of Reclamation shall pay from funds 
        authorized under subsection (g) of this title 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 title 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 (h) for Federal administration of such 
        appropriations pursuant to this title.
            (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 title for not 
        more than 50 percent of administrative costs relating to the 
        implementation of this title.
            (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 
conduct all meetings subject to applicable 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.
    (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 agency. 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 of this title shall be 
filled in accordance with this title.
    (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) Rights, Duties and Authorities Unaffected.--The Working Group 
will supplement, rather than replace, existing efforts to manage the 
natural resources of the Deschutes Basin. Nothing in this title affects 
any legal right, duty or authority of any person or agency, including 
any member of the Working Group.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title $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 are those lands 
depicted on the map entitled ``Mt. Hood Corridor Land Exchange Map'', 
dated July 18, 1996.
    (c) Land To Be Conveyed by the Secretary.--The land referred to in 
subsection (a) as the land to be conveyed by the Secretary are those 
lands depicted on the map entitled ``Mt. Hood Corridor Land Exchange 
Map'', dated July 18, 1996.
    (d) Equal Value.--The land and interests in land exchanged under 
this section shall be of equal market value as determined by nationally 
recognized appraisal standards, including, to the extent appropriate, 
the Uniform Standards for Federal Land Acquisition, the Uniform 
Standards of Professional Appraisal Practice, or shall be equalized by 
way of payment of cash pursuant to 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 
title.
    (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 U.S. Highway 26 (in this section, such lands are 
referred to as the ``Mt. Hood Corridor Lands''), shall be managed 
primarily for the protection or enhancement of scenic qualities. 
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 the scenic qualities of the area.
    (h) Timber Cutting.--Timber cutting may be conducted on Mt. Hood 
Corridor Lands following a resource-damaging catastrophic event. Such 
cutting 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 Lands; or
            (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 closed 
and locked to protect resources and prevent illegal dumping and 
vandalism. 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.--The National Environmental Policy Act of 1969 
(P.L. 91-190) shall not apply to this section for one year after the 
date of enactment of this title.
    (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 (P.L. 101-42) is amended by 
inserting at the end of section 5 the following:
    ``(d) Creation of the Coquille Forest.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `Coquille Forest' means certain 
                lands in Coos County, Oregon, comprising approximately 
                5,400 acres, as generally depicted on the map entitled 
                `Coquille Forest Proposal', dated July 8, 1996.
                    ``(B) the term `Secretary' means the Secretary of 
                the Interior.
                    ``(C) the term `the Tribe' means the Coquille Tribe 
                of Coos County, Oregon.
            ``(2) Map.--The map described in subparagraph (d)(1)(A), 
        and such additional legal descriptions which are applicable, 
        shall be 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) Interim period.--From the date of enactment of this 
        subsection until two years after the date of enactment of this 
        subsection, the Bureau of Land Management shall--
                    ``(A) retain Federal jurisdiction for the 
                management of lands designated under this subsection as 
                the Coquille Forest and continue to distribute revenues 
                from such lands in a manner consistent with existing 
                law; and
                    ``(B) prior to advertising, offering or awarding 
                any timber sale contract on lands designated under his 
                subsection as the Coquille Forest, obtain the approval 
                of the Assistant Secretary for Indian Affairs, acting 
                on behalf of and in consultation with the Tribe.
            ``(4) Transition planning and designation.--
                    ``(A) During the two year interim period provided 
                for in paragraph (3), the Assistant Secretary for 
                Indian Affairs, acting on behalf of and in consultation 
                with the Tribe, is authorized to initiate development 
                of a forest management plan for the Coquille Forest. 
                The Secretary, acting through the director of the 
                Bureau of Land Management, shall cooperate and assist 
                in the development of such plan and in the transition 
                of forestry management operations for the Coquille 
                Forest to the Assistant Secretary for Indian Affairs.
                    ``(B) Two years after the date of enactment of this 
                subsection, the Secretary shall take the lands 
                identified under subparagraph (d)(1)(A) into trust, and 
                shall hold such lands in trust, in perpetuity, for the 
                Coquille Tribe. Such lands shall be thereafter 
                designated as the Coquille Forest.
                    ``(C) 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' (the O & C Act), approved August 
                28, 1937 (43 U.S.C. 1181a et seq.), the Secretary may 
                redesignate, from public domain lands within the 
                Tribe's service area, as defined in this Act, certain 
                lands to be subject to the O & C Act. Lands 
                redesignated under this subparagraph shall not exceed 
                lands sufficient to constitute equivalent timber value 
                as compared to lands constituting the Coquille Forest.
            ``(5) Management.--The Secretary of the Interior, acting 
        through the Assistant Secretary for Indian Affairs shall manage 
        the Coquille Forest under applicable State and Federal forestry 
        and environmental protection laws, and subject to critical 
        habitat designations under the Endangered Species Act, and 
        subject to the standards and guidelines of Federal forest plans 
        on adjacent or nearby Federal lands, now and in the future. The 
        Secretary shall otherwise manage the Coquille Forest in 
        accordance with the laws pertaining to the management of Indian 
        Trust lands and shall distribute revenues in accordance with 
        Public Law 101-630 (25 U.S.C. 3107).
                    ``(A) 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.
                    ``(B) Notwithstanding any other provision of law, 
                all sales of timber from land subject to this 
                subsection shall be advertised, offered and awarded 
                according to competitive bidding practices, with sales 
                being awarded to the highest responsible bidder.
            ``(6) Indian self-determination act agreement.--No sooner 
        than two years after the date of enactment of this subsection, 
        the Secretary may, upon a satisfactory showing of management 
        competence and pursuant to the Indian Self-Determination Act 
        (25 U.S.C. 450 et seq.), enter into a binding Indian self-
        determination agreement (agreement) with the Coquille Indian 
        Tribe. Such agreement may provide for the Tribe to carry out 
        all or a portion of the forest management for the Coquille 
        Forest.
                    ``(A) 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 binding memorandum of agreement (MOA) with the 
                State of Oregon, as required under paragraph 7.
                    ``(B) The authority of the Secretary to rescind the 
                Indian self-determination agreement shall not be 
                encumbered.
                            ``(i) The Secretary shall rescind the 
                        agreement upon a demonstration that the Tribe 
                        and the State of Oregon are no longer engaged 
                        in a memorandum of agreement as required under 
                        paragraph 7.
                            ``(ii) The Secretary may rescind the 
                        agreement on a showing that the Tribe has 
                        managed the Coquille Forest in a manner 
                        inconsistent with this subsection, or the Tribe 
                        is no longer managing, or capable of managing, 
                        the Coquille Forest in a manner consistent with 
                        this subsection.
            ``(7) Memorandum of agreement.--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 managing the Coquille Forest in a 
        manner consistent with paragraph (5) of this subsection, 
        preserving public access, 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 and paragraph (5) of this subsection.
            ``(8) Public Access.--The Coquille Forest shall remain open 
        to public access for purposes of hunting, fishing, recreation 
        and transportation, except when closure is required by State or 
        Federal law, or when the Coquille Indian Tribe and the State of 
        Oregon agree in writing that restrictions on access are 
        necessary or appropriate to prevent harm to natural resources, 
        cultural resources or environmental quality: Provided, That the 
        State of Oregon's agreement shall not be required when 
        immediate action is necessary to protect archaeological 
        resources.
            ``(9) Jurisdiction.--
                    ``(A) The United States District Court for the 
                District of Oregon shall have jurisdiction over actions 
                against the Secretary arising out of claims that this 
                subsection has been violated. Any affected citizen may 
                bring suit against the Secretary for violations of this 
                subsection, except that suit may not be brought against 
                the Secretary for claims that the MOA has been 
                violated. The Court has the authority to hold unlawful 
                and set aside actions pursuant to this subsection that 
                are arbitrary and capricious, an abuse of discretion, 
                or otherwise an abuse of law.
                    ``(B) The United States District Court for the 
                District of Oregon shall have jurisdiction over actions 
                between the State of Oregon and the Tribe arising out 
                of claims of breach of the MOA.
                    ``(C) Unless otherwise provided for by law, 
                remedies available under this subsection shall be 
                limited to equitable relief and shall not include 
                damages.
            ``(10) State regulatory and civil jurisdiction.--In 
        addition to the jurisdiction described in paragraph 7 of this 
        subsection, the State of Oregon may exercise exclusive 
        regulatory civil jurisdiction, including but not limited to 
        adoption and enforcement of administrative rules and orders, 
        over the following subjects--
                    ``(A) management, allocation and administration of 
                fish and wildlife resources, including but not limited 
                to establishment and enforcement of hunting and fishing 
                seasons, bag limits, limits on equipment and methods, 
                issuance of permits and licenses, and approval or 
                disapproval of hatcheries, game farms, and other 
                breeding facilities: Provided, That nothing herein 
                shall be construed to permit the State of Oregon to 
                manage fish or wildlife habitat on Coquille Forest 
                lands;
                    ``(B) allocation and administration of water 
                rights, appropriation of water and use of water;
                    ``(C) regulation of boating activities, including 
                equipment and registration requirements, and protection 
                of the public's right to use the waterways for purposes 
                of boating or other navigation;
                    ``(D) fills and removals from waters of the State, 
                as defined in Oregon law;
                    ``(E) protection and management of the State's 
                proprietary interests in the beds and banks of 
                navigable waterways;
                    ``(F) regulation of mining, mine reclamation 
                activities, and exploration and drilling for oil and 
                gas deposits;
                    ``(G) regulation of water quality, air quality 
                (including smoke management), solid and hazardous 
                waste, and remediation of releases of hazardous 
                substances;
                    ``(H) regulation of the use of herbicides and 
                pesticides; and
                    ``(I) enforcement of public health and safety 
                standards, including standards for the protection of 
                workers, well construction and codes governing the 
                construction of bridges, buildings, and other 
                structures.
            ``(11) Savings clause, state authority.--
                    ``(A) Nothing in this subsection shall be construed 
                to grant Tribal authority over private or State-owned 
                lands.
                    ``(B) To the extent that the State of Oregon is 
                regulating the foregoing areas pursuant to a delegated 
                Federal authority or a Federal program, nothing in this 
                subsection shall be construed to enlarge or diminish 
                the State's authority under such law.
                    ``(C) Where both the State of Oregon and the United 
                States are regulating, nothing herein shall be 
                construed to alter their respective authorities.
                    ``(D) To the extent that Federal law authorizes the 
                Coquille Indian Tribe to assume regulatory authority 
                over an area, nothing herein shall be construed to 
                enlarge or diminish the Tribe's authority to do so 
                under such law.
                    ``(E) Unless and except to the extent that the 
                Tribe has assumed jurisdiction over the Coquille Forest 
                pursuant to Federal law, or otherwise with the consent 
                of the State, the State of Oregon shall have 
                jurisdiction and authority to enforce its laws 
                addressing the subjects listed in subparagraph 10 of 
                this subsection on the Coquille Forest against the 
                Coquille Indian Tribe, its members and all other 
                persons and entities, in the same manner and with the 
                same remedies and protections and appeal rights as 
                otherwise provided by general Oregon law. Where the 
                State of Oregon and Coquille Indian Tribe agree 
                regarding the exercise of tribal civil regulatory 
                jurisdiction over activities on the Coquille Forest 
                lands, the Tribe may exercise such jurisdiction as is 
                agreed upon.
            ``(12) In the event of a conflict between Federal and State 
        law under this subsection, Federal law shall control.''.

                TITLE VI--BULL RUN WATERSHED PROTECTION

SEC. 601. SECTION 2(a) OF PUBLIC LAW 95-200 AMENDED.

    The first sentence of section 2(a) of Public Law 95-200 is amended 
after ``referred to in this subsection (a)'' by striking ``2(b)'' and 
inserting in lieu thereof ``2(c)''.

SEC. 602. SECTION 2(b) OF PUBLIC LAW 95-200 AMENDED.

    The first sentence of section 2(b) of Public Law 95-200 is amended 
after ``the policy set forth in subsection (a)'' by inserting ``and 
(b)''.

SEC. 603. SECTION 2(b) REDESIGNATION.

    Section 2(b) of Public Law 95-200 is redesignated as ``2(c)''.

SEC. 604. TIMBER CUTTING.

    (a) 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, including certain lands within the unit and 
        located below the headworks of the city of Portland, Oregon's 
        water storage and delivery project, and as depicted in a map 
        dated July 22, 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 paragraph (1).
                    ``(B) Permitted cutting.--Subject to subparagraph 
                (C), the Secretary may only allow the cutting of trees 
                in the area described in paragraph (1)--
                            ``(i) for the protection or enhancement of 
                        water quality in the area described in 
                        paragraph (1); or
                            ``(ii) for the protection, enhancement, or 
                        maintenance of water quantity available from 
                        the area described in paragraph (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 paragraph (1).''.
    (b) Redesignate subsequent subsection of Public Law 95-200 
accordingly.

SEC. 605. REPORT TO CONGRESS.

    (a) The Secretary of Agriculture shall, in consultation with the 
city of Portland and other affected parties, undertake a study of that 
part of the Little Sandy Watershed that is within the unit (hereinafter 
referred to as the ``study area''), as depicted on the map described in 
section 604 of this title.
    (b) The study referred to in subsection (a) shall determine--
            (1) the impact of management activities within the study 
        area on the quality of drinking water provided to the Portland 
        metropolitan area;
            (2) the identity and location of certain ecological 
        features within the study area, including late successional 
        forest characteristics, aquatic and terrestrial wildlife 
        habitat, significant hydrological values, or other outstanding 
        natural features; and
            (3) the location and extent of any significant cultural or 
        other values within the study area.
    (c) The study referred to in subsection (a) shall include both 
legislative and regulatory recommendations to Congress on the future 
management of the study area. In formulating such recommendations, the 
Secretary shall consult with the city of Portland and other affected 
parties.
    (d) To the greatest extent possible, the Secretary shall use 
existing data and processes to carry out this study and report.
    (e) The study referred to in subsection (a) shall be submitted to 
the Senate Committees on Energy and Natural Resources and Agriculture 
and the House Committees on Resources and Agriculture not later than 
one year from the date of enactment of this section.
    (f) The Secretary is prohibited from advertising, offering or 
awarding any timber sale within the study area for a period of two 
years after the date of enactment of this section.
    (g) Nothing in this section shall in any way affect any State or 
Federal law governing appropriation, use of or Federal right to water 
on or flowing through National Forest System lands. Nothing in this 
section is intended to influence the relative strength of competing 
claims to the waters of the Little Sandy River. Nothing in this section 
shall be construed to expand or diminish Federal, State, or local 
jurisdiction, responsibility, interests, or rights in water resources 
development or control, including rights in and current uses of water 
resources in the unit.

SEC. 606. LANDS WITHIN BULL RUN MANAGEMENT UNIT.

    Lands within the Bull Run Management Unit, as defined in Public Law 
95-200, but not contained within the Bull Run River Drainage, as 
defined by this title and as depicted on the map dated July 1996 
described in section 604 of this title, shall continue to be managed in 
accordance with Public Law 95-200.

            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 August 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) All 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, and presently under 
the jurisdiction of the Bureau of Land Management, are hereby 
designated as wilderness, shall become part of the Oregon Islands 
National Wildlife Refuge and the Oregon Islands Wilderness and shall be 
under the jurisdiction of the United States Fish and Wildlife Service, 
Department of the Interior.
    (d) 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.
    (e) Public Land Order 6287 of June 16, 1982, which withdrew certain 
rocks, reefs, islets and islands lying within three geographic miles 
off the coast of Oregon and above mean high tide, including the ninety-
five acres described in subsection (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 
(Secretaries) 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 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); protection of drinking water 
        supplies; 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; and
            (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.
    (b) Matters for Specific Study.--In analyzing land exchange 
opportunities with ULEP, the Secretaries shall give priority to 
assisting ULEP's ongoing efforts in--
            (1) studying, identifying and mapping areas where the 
        consolidation of land ownership via land exchanges could 
        promote the goals of long term species protection, including 
        the goals of the Endangered Species Act of 1973 more 
        effectively than current land ownership patterns and whether 
        any changes in law or policy applicable to such lands after 
        consummation of an exchange would be advisable or necessary to 
        achieve such goals;
            (2) studying, identifying and mapping areas where land 
        exchanges might be utilized to better satisfy the goals of 
        sustainable timber harvest, including studying whether changes 
        in existing law or policy applicable to such lands after 
        consummation of an exchange would be advisable or necessary to 
        achieve such goals;
            (3) identifying issues and studying options and 
        alternatives, including possible changes in existing law or 
        policy, to insure that combined post-exchange revenues to units 
        of local government from State and local property, severance 
        and other taxes or levies and shared Federal land receipts will 
        approximate pre-exchange revenues;
            (4) identifying issues and studying whether possible 
        changes in law, special appraisal instruction, or changes in 
        certain Federal appraisal procedures might be advisable or 
        necessary to facilitate the appraisal of potential exchange 
        lands which may have special characteristics or restrictions 
        affecting land values;
            (5) identifying issues and studying options and 
        alternatives, including changes in existing laws or policy, for 
        achieving land exchanges without reducing the net supply of 
        timber available to small businesses;
            (6) identifying, mapping, and recommending potential 
        changes in land use plans, land classifications, or other 
        actions which might be advisable or necessary to expedite, 
        facilitate or consummate land exchanges in certain areas; and
            (7) analyzing potential sources for new or enhanced 
        Federal, State or other funding to promote improved resource 
        protection, species recovery, and management in the basin.

SEC. 802. REPORT TO CONGRESS.

    No later than February 1, 1998, ULEP and the Secretaries 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, recommendations, mapping and other activities conducted 
pursuant to this title.

SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

    In furtherance of the purposes of this title, there is hereby 
authorized to be appropriated the sum of $2,000,000, to remain 
available until expended.

            Passed the Senate August 2, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                S. 1662

_______________________________________________________________________

                                 AN ACT

To establish areas of wilderness and recreation in the State of Oregon, 
                        and for other purposes.

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