110 HR 3513 EH: Copper Salmon Wilderness Act of U.S. House of Representatives 0 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB 110th CONGRESS 2d Session H. R. 3513 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Oregon Wilderness Act of 1984 to designate the Copper Salmon Wilderness and to amend the Wild and Scenic Rivers Act to designate segments of the North and South Forks of the Elk River in the State of Oregon as wild or scenic rivers, and for other purposes.

1.

Short title

This Act may be cited as the Copper Salmon Wilderness Act of 2008.

2.

Designation of the Copper Salmon Wilderness

(a)

Designation

Section 3 of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328) is amended— (1)in the matter preceding paragraph (1), by striking eight hundred fifty-nine thousand six hundred acres and inserting 871,593 acres; (2)in paragraph (29), by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (30)certain land in the Siskiyou National Forest, comprising approximately 11,922 acres, as generally depicted on the map entitled Copper Salmon Wilderness Proposal and dated April 1, 2008, to be known as the Copper Salmon Wilderness. . (b)

Maps and Legal Description

(1)

In General

As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture (referred to in this Act as the Secretary) shall file a map and a legal description of the Copper Salmon Wilderness with— (A)the Committee on Energy and Natural Resources of the Senate; and (B)the Committee on Natural Resources of the House of Representatives. (2)

Force of Law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal description. (3)

Boundary

If the boundary of the Copper Salmon Wilderness shares a border with a road, the Secretary may only establish an offset that is not more than 150 feet from the centerline of the road. (4)

Public Availability

Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

3.

Wild and scenic river designations, Elk River, Oregon

Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(76)) is amended— (1)in the matter preceding subparagraph (A), by striking 19-mile segment and inserting 28.2-mile segment; (2)in subparagraph (A), by striking ; and and inserting a period; and (3)by striking subparagraph (B) and inserting the following: (B)(i)The approximately 0.6-mile segment of the North Fork Elk from its source in sec. 21, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river. (ii)The approximately 5.5-mile segment of the North Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the South Fork Elk, as a wild river. (C)(i)The approximately 0.9-mile segment of the South Fork Elk from its source in the southeast quarter of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river. (ii)The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the North Fork Elk, as a wild river. .

4.

Protection of tribal rights

(a)

In general

Nothing in this Act shall be construed as diminishing any right of any Indian tribe. (b)

Memorandum of understanding

The Secretary shall seek to enter into a memorandum of understanding with the Coquille Indian Tribe regarding access to the Copper Salmon Wilderness to conduct historical and cultural activities.

5.

Designation of potential wilderness area, Siskiyou National Forest, Oregon

(a)

Designation

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain National Forest System land in the State of Oregon administered by the Forest Service as part of the Siskiyou National Forest and compromising approximately 1,708 acres, as generally depicted on the map entitled Copper Salmon Wilderness Proposal and dated April 1, 2008, are designated as a potential wilderness area for eventual inclusion in the Copper Salmon Wilderness designated by paragraph (30) of section 3 of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328), as added by section 2. (b)

Map and legal description

As soon as practicable after the date of the enactment of this Act, the Secretary shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of potential wilderness area designated by subsection (a). The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. In the case of any discrepancy between the acreage specified in subsection (a) and the map, the map shall control. The map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (c)

Management

Except as provided in subsection (d) and subject to valid existing rights, the Secretary shall manage the potential wilderness area designated by subsection (a) as wilderness until its designated as wilderness under subsection (e). (d)

Ecological Restoration

(1)

In general

For the purposes of implementing the planned ecological restoration approved by the Decision Notice and Finding of No Significant Impact for the Environmental Assessment for the Coastal Healthy Forest Treatments, dated May 25, 2007, the Secretary may use motorized equipment and mechanized transport in the potential wilderness area until its designated as wilderness under subsection (e). (2)

Limitation

To the maximum extent practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration under paragraph (1) with the least amount of adverse impact on wilderness character and resources. (e)

Eventual Wilderness Designation

The potential wilderness area designated by subsection (a) shall be designated as wilderness on the earlier of— (1)the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have been removed; or (2)the date that is 10 years after the date of the enactment of this Act. (f)

Incorporation into Copper Salmon Wilderness; Administration

On its designation as wilderness under subsection (e), the potential wilderness area designated by subsection (a) shall be— (1)incorporated into the Copper Salmon Wilderness; and (2)administered in accordance with the Wilderness Act, the Oregon Wilderness Act of 1984, and other laws applicable to the Copper Salmon Wilderness, except that, with respect to the potential wilderness area, any reference in the Wilderness Act to the effective date of that Act shall be deemed to be a reference to the date on which the lands are designated as wilderness under subsection (e).

Passed the House of Representatives April 22, 2008. Lorraine C. Miller, Clerk.