[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1448 Reported in Senate (RS)]
<DOC>
Calendar No. 622
114th CONGRESS
2d Session
S. 1448
[Report No. 114-347]
To designate the Frank Moore Wild Steelhead Sanctuary in the State of
Oregon.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2015
Mr. Wyden (for himself and Mr. Merkley) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
September 8, 2016
Reported by Ms. Murkowski, 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 designate the Frank Moore Wild Steelhead Sanctuary in the State of
Oregon.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Frank Moore Wild Steelhead
Sanctuary Designation Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) Frank Moore has committed his life to family,
friends, his country, and fly fishing;</DELETED>
<DELETED> (2) Frank Moore is a World War II veteran who
stormed the beaches of Normandy along with 150,000 troops
during the D-Day Allied invasion and was awarded the Chevalier
of the French Legion of Honor for his bravery;</DELETED>
<DELETED> (3) Frank Moore returned home after the war,
started a family, and pursued his passion of fishing on the
winding rivers in Oregon;</DELETED>
<DELETED> (4) as the proprietor of the Steamboat Inn along
the North Umpqua River in Oregon for nearly 20 years, Frank
Moore, along with his wife Jeanne, shared his love of fishing,
the flowing river, and the great outdoors, with visitors from
all over the United States and the world;</DELETED>
<DELETED> (5) Frank Moore has spent most of his life fishing
the vast rivers of Oregon, during which time he has contributed
significantly to efforts to conserve fish habitats and protect
river health, including serving on the State of Oregon Fish and
Wildlife Commission;</DELETED>
<DELETED> (6) Frank Moore has been recognized for his
conservation work with the National Wildlife Federation
Conservationist of the Year award, the Wild Steelhead Coalition
Conservation Award, and his 2010 induction into the Fresh Water
Fishing Hall of Fame; and</DELETED>
<DELETED> (7) in honor of the many accomplishments of Frank
Moore, both on and off the river, approximately 104,000 acres
of Forest Service land in Oregon should be designated as the
``Frank Moore Wild Steelhead Sanctuary''.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Map.--The term ``Map'' means the map entitled
``O&C Land Grant Act of 2014: Frank Moore Wild Steelhead
Sanctuary'' and dated November 3, 2014.</DELETED>
<DELETED> (2) Sanctuary.--The term ``Sanctuary'' means the
Frank Moore Wild Steelhead Sanctuary designated by section
4(a).</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of the
Forest Service.</DELETED>
<DELETED> (4) State.--The term ``State'' means the State of
Oregon.</DELETED>
<DELETED>SEC. 4. FRANK MOORE WILD STEELHEAD SANCTUARY,
OREGON.</DELETED>
<DELETED> (a) Designation.--The approximately 104,000 acres of
Forest Service land in the State, as generally depicted on the Map, is
designated as the ``Frank Moore Wild Steelhead Sanctuary''.</DELETED>
<DELETED> (b) Map; Legal Description.--</DELETED>
<DELETED> (1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall prepare a
map and legal description of the Sanctuary.</DELETED>
<DELETED> (2) Force of law.--The map and legal description
prepared under paragraph (1) 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
legal description.</DELETED>
<DELETED> (3) Availability.--The map and legal description
prepared under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.</DELETED>
<DELETED> (c) Administration.--Subject to valid existing rights, the
Sanctuary shall be administered by the Secretary--</DELETED>
<DELETED> (1) in accordance with all laws (including
regulations) applicable to the National Forest System;
and</DELETED>
<DELETED> (2) in a manner that--</DELETED>
<DELETED> (A) protects, preserves, and enhances the
natural character, scientific use, and the botanical,
recreational, ecological, fish and wildlife, scenic,
drinking water, and cultural values of the
Sanctuary;</DELETED>
<DELETED> (B) protects and seeks to enhance the wild
salmonid resources of the Sanctuary;</DELETED>
<DELETED> (C) maintains or enhances the watershed as
a thermal refuge for wild salmonids; and</DELETED>
<DELETED> (D) preserves opportunities for primitive
recreation.</DELETED>
<DELETED> (d) Fish and Wildlife.--Nothing in this section affects
the jurisdiction or responsibilities of the State with respect to fish
and wildlife in the State.</DELETED>
<DELETED> (e) Adjacent Management.--Nothing in this section creates
any protective perimeter or buffer zone around the Sanctuary.</DELETED>
<DELETED> (f) Protection of Tribal Rights.--Nothing in this section
diminishes any treaty rights of an Indian tribe.</DELETED>
<DELETED> (g) Withdrawal.--Subject to valid existing rights, the
Federal land within the boundaries of the Sanctuary river segments
designated by subsection (a) is withdrawn from all forms of--</DELETED>
<DELETED> (1) entry, appropriation, or disposal under the
public land laws;</DELETED>
<DELETED> (2) location, entry, and patent under the mining
laws; and</DELETED>
<DELETED> (3) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.</DELETED>
<DELETED> (h) Uses.--The Secretary shall only allow uses of the
Sanctuary that are consistent with the purposes and values for which
the Sanctuary is established.</DELETED>
<DELETED> (i) Use of Motorized Vehicles.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), the use of motorized vehicles within the Sanctuary shall
be limited to roads allowed by the Secretary for the use of
motorized vehicles.</DELETED>
<DELETED> (2) Off-road vehicle use.--Notwithstanding
paragraph (1), the Secretary may allow off-road vehicle use in
designated portions of the Sanctuary if the use is consistent
with the purposes and values for which the Sanctuary was
designated.</DELETED>
<DELETED> (j) Roads.--</DELETED>
<DELETED> (1) In general.--The Secretary, to the maximum
extent practicable, shall decrease the total mileage of system
roads that are operational in the Sanctuary to a quantity less
than the quantity of mileage in existence on the date of
enactment of this Act.</DELETED>
<DELETED> (2) Priority.--The Secretary shall prioritize
decreasing the mileage of the road network in the Sanctuary to
reduce impacts to water quality from sediment delivered to
streams by forest roads.</DELETED>
<DELETED> (3) Temporary roads.--If the Secretary constructs
a temporary road as part of a vegetation management project,
the Secretary shall close and decommission the temporary road
not later than the earlier of--</DELETED>
<DELETED> (A) the date that is 2 years after the
date on which the activity for which the temporary road
was constructed is completed; and</DELETED>
<DELETED> (B) the date that is 1 year after the date
on which the vegetation management project is
completed.</DELETED>
<DELETED> (4) No new roads.--The Secretary shall prohibit--
</DELETED>
<DELETED> (A) any new system or nonsystem road
within the Sanctuary and key watersheds under the plan
entitled ``Northwest Forest Plan 1994 Record of
Decision for Amendments to Forest Service and Bureau of
Land Management Planning Documents Within the Range of
the Northern Spotted Owl'' after the date of enactment
of this Act, except as the Secretary determines to be
necessary, if the Secretary determines that no
practicable alternative exists, and subject to the
availability of appropriations; and</DELETED>
<DELETED> (B) the construction of any new road in
any roadless area in the Sanctuary.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Frank Moore Wild Steelhead Special
Management Area Designation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Frank Moore has committed his life to family, friends,
his country, and fly fishing;
(2) Frank Moore is a World War II veteran who stormed the
beaches of Normandy along with 150,000 troops during the D-Day
Allied invasion and was awarded the Chevalier of the French
Legion of Honor for his bravery;
(3) Frank Moore returned home after the war, started a
family, and pursued his passion of fishing on the winding
rivers in Oregon;
(4) as the proprietor of the Steamboat Inn along the North
Umpqua River in Oregon for nearly 20 years, Frank Moore, along
with his wife Jeanne, shared his love of fishing, the flowing
river, and the great outdoors, with visitors from all over the
United States and the world;
(5) Frank Moore has spent most of his life fishing the vast
rivers of Oregon, during which time he has contributed
significantly to efforts to conserve fish habitats and protect
river health, including serving on the State of Oregon Fish and
Wildlife Commission;
(6) Frank Moore has been recognized for his conservation
work with the National Wildlife Federation Conservationist of
the Year award, the Wild Steelhead Coalition Conservation
Award, and his 2010 induction into the Fresh Water Fishing Hall
of Fame; and
(7) in honor of the many accomplishments of Frank Moore,
both on and off the river, approximately 99,653 acres of Forest
Service land in the State of Oregon should be designated as the
``Frank Moore Wild Steelhead Special Management Area''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Map.--The term ``Map'' means the map entitled ``Frank
Moore Wild Steelhead Special Management Area Designation Act''
and dated June 23, 2016.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(3) Special management area.--The term ``Special Management
Area'' means the Frank Moore Wild Steelhead Special Management
Area designated by section 4(a).
(4) State.--The term ``State'' means the State of Oregon.
SEC. 4. FRANK MOORE WILD STEELHEAD SPECIAL MANAGEMENT AREA, OREGON.
(a) Designation.--The approximately 99,653 acres of Forest Service
land in the State, as generally depicted on the Map, is designated as
the ``Frank Moore Wild Steelhead Special Management Area''.
(b) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the Special Management Area.
(2) Force of law.--The map and legal description prepared
under paragraph (1) 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 legal
description.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service.
(c) Administration.--Subject to valid existing rights, the Special
Management Area shall be administered by the Secretary--
(1) in accordance with all laws (including regulations)
applicable to the National Forest System; and
(2) in a manner that--
(A) conserves and enhances the natural character,
scientific use, and the botanical, recreational,
ecological, fish and wildlife, scenic, drinking water,
and cultural values of the Special Management Area;
(B) maintains and seeks to enhance the wild
salmonid habitat of the Special Management Area;
(C) maintains or enhances the watershed as a
thermal refuge for wild salmonids; and
(D) preserves opportunities for recreation,
including primitive recreation.
(d) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife in the State.
(e) Adjacent Management.--Nothing in this section--
(1) creates any protective perimeter or buffer zone around
the Special Management Area; or
(2) modifies the applicable travel management plan for the
Special Management Area.
(f) Wildfire Management.--Nothing in this section prohibits the
Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire operations in
the Special Management Area, consistent with the purposes of this Act,
including the use of aircraft, machinery, mechanized equipment, fire
breaks, backfires, and retardant.
(g) Vegetation Management.--Nothing in this section prohibits the
Secretary from conducting vegetation management projects within the
Special Management Area in a manner consistent with--
(1) the purposes described in subsection (c); and
(2) the applicable forest plan.
(h) Protection of Tribal Rights.--Nothing in this section
diminishes any treaty rights of an Indian tribe.
(i) Withdrawal.--Subject to valid existing rights, the Federal land
within the boundaries of the Special Management Area river segments
designated by subsection (a) is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
Amend the title so as to read: ``A bill to designate the
Frank Moore Wild Steelhead Special Management Area in the State
of Oregon.''.
Calendar No. 622
114th CONGRESS
2d Session
S. 1448
[Report No. 114-347]
_______________________________________________________________________
A BILL
To designate the Frank Moore Wild Steelhead Sanctuary in the State of
Oregon.
_______________________________________________________________________
September 8, 2016
Reported with an amendment and an amendment to the title