II Calendar No. 659 110th CONGRESS 2d Session S. 2034 [Report No. 110–307] IN THE SENATE OF THE UNITED STATES September 10, 2007 Mr. Wyden (for himself and Mr. Smith) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources April 10, 2008 Reported by Mr. Bingaman, with an amendment and an amendment to the title Strike out all after the enacting clause and insert the part printed in italic A BILL 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 .

2.

Findings

Congress finds that— (1)the proposed Copper Salmon Wilderness, comprising 13,700 acres, includes a significant portion of an inventoried roadless area adjacent to the Grassy Knob Wilderness area protected by the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328); (2)the proposed Copper Salmon Wilderness includes— (A)the North Fork and South Fork of the Elk River; (B)the upper Middle Fork of the Sixes River; and (C)tributaries of the South Fork of Coquille River; (3)the Elk River is designated as a Tier 1 Key Watershed; (4)the fisheries of the Elk River are recognized as 1 of the best salmon and steelhead producers in the 48 contiguous States, producing more salmon per square meter than most rivers outside the State of Alaska; (5)designation of the proposed Wilderness would provide permanent protection for the last remaining mammoth Port Orford Cedars in the Elk River watershed; (6)the protection of the proposed Copper Salmon Wilderness is supported by the local communities near the proposed Wilderness, which have passed resolutions supporting the designation of the proposed Wilderness; (7)the master plan for the economic stability of Curry County, Oregon, includes ecotourism and recreation as primary sources of income; and (8)permanent protection for the proposed Copper Salmon Wilderness is needed to conserve the environment in southwestern Oregon.

3.

Designation of the Copper Salmon Wilderness

Section 3 of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328) is amended— (1)in the matter preceding paragraph (1), by striking eight hundred fifty-nine thousand six hundred acres and inserting 873,300 acres; (2)in paragraph (29), by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (30)certain land in the Siskiyou National Forest, comprising approximately 13,700 acres, as generally depicted on the map entitled Proposed Copper Salmon Wilderness Area, to be known as the Copper Salmon Wilderness. .

4.

Wild and scenic river designations, Elk River, Oregon

Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(76)) is amended— (1)in the matter preceding subparagraph (A), by striking 19-mile segment and inserting 29-mile segment; (2)in subparagraph (A), by striking ; and and inserting a period; and (3)by striking subparagraph (B) and inserting the following: (B)The approximately 0.4-mile segment of the North Fork Elk from the source of the North Fork Elk in sec. 21, T. 33 S., R. 12 W., of the Willamette Meridian, downstream to 0.01 miles downstream of Forest Service Road 3353, as a scenic river. (C)The approximately 5.3-mile segment of the North Fork Elk from 0.01 miles downstream of Forest Service Road 3353 downstream to its confluence with the South Fork Elk, as a wild river. (D)The approximately 0.9-mile segment of the South Fork Elk from the source of the North Fork Elk in sec. 32, T. 33 S., R. 12 W., of the Willamette Meridian, downstream to 0.01 miles downstream of Forest Service Road 3353, as a scenic river. (E)The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles downstream of Forest Service Road 3353 downstream to the confluence with the North Fork Elk, as a wild river. .

1.

Short title

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

2.

Designation of the Copper Salmon Wilderness

(a)

Designation

Section 3 of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328) is amended— (1)in the matter preceding paragraph (1), by striking eight hundred fifty-nine thousand six hundred acres and inserting 873,300 acres; (2)in paragraph (29), by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (30)certain land in the Siskiyou National Forest, comprising approximately 13,700 acres, as generally depicted on the map entitled Proposed Copper Salmon Wilderness Area and dated December 7, 2007, to be known as the Copper Salmon Wilderness. . (b)

Maps and Legal Description

(1)

In General

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

Force of Law

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

Boundary

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

Public Availability

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

3.

Wild and Scenic River Designations, Elk River, Oregon

Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(76)) is amended— (1)in the matter preceding subparagraph (A), by striking 19-mile segment and inserting 29-mile segment; (2)in subparagraph (A), by striking ; and and inserting a period; and (3)by striking subparagraph (B) and inserting the following: (B)(i)The approximately 0.6-mile segment of the North Fork Elk from its source in sec. 21, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river. (ii)The approximately 5.5-mile segment of the North Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the South Fork Elk, as a wild river. (C)(i)The approximately 0.9-mile segment of the South Fork Elk from its source in the southeast quarter of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river. (ii)The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the North Fork Elk, as a wild river. .

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.

Amend the title so as to read: To amend the Oregon Wilderness Act of 1984 to designate the Copper Salmon Wilderness and to amend the Wild and Scenic Rivers Act to designate segments of the North and South Forks of the Elk River in the State of Oregon as additions to the Elk Wild and Scenic River, and for other purposes.. April 10, 2008 Reported with an amendment and an amendment to the title