[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 455 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 455

To designate and expand wilderness areas in Olympic National Forest in 
  the State of Washington, and to designate certain rivers in Olympic 
 National Forest and Olympic National Park as wild and scenic rivers, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2021

  Mrs. Murray introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To designate and expand wilderness areas in Olympic National Forest in 
  the State of Washington, and to designate certain rivers in Olympic 
 National Forest and Olympic National Park as wild and scenic rivers, 
                        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 ``Wild Olympics Wilderness and Wild 
and Scenic Rivers Act''.

SEC. 2. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS.

    (a) In General.--In furtherance of the Wilderness Act (16 U.S.C. 
1131 et seq.), the following Federal land in the Olympic National 
Forest in the State of Washington comprising approximately 126,554 
acres, as generally depicted on the map entitled ``Proposed Wild 
Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8, 
2019 (referred to in this section as the ``map''), is designated as 
wilderness and as components of the National Wilderness Preservation 
System:
            (1) Lost creek wilderness.--Certain Federal land managed by 
        the Forest Service, comprising approximately 7,159 acres, as 
        generally depicted on the map, which shall be known as the 
        ``Lost Creek Wilderness''.
            (2) Rugged ridge wilderness.--Certain Federal land managed 
        by the Forest Service, comprising approximately 5,956 acres, as 
        generally depicted on the map, which shall be known as the 
        ``Rugged Ridge Wilderness''.
            (3) Alckee creek wilderness.--Certain Federal land managed 
        by the Forest Service, comprising approximately 1,787 acres, as 
        generally depicted on the map, which shall be known as the 
        ``Alckee Creek Wilderness''.
            (4) Gates of the elwha wilderness.--Certain Federal land 
        managed by the Forest Service, comprising approximately 5,669 
        acres, as generally depicted on the map, which shall be known 
        as the ``Gates of the Elwha Wilderness''.
            (5) Buckhorn wilderness additions.--Certain Federal land 
        managed by the Forest Service, comprising approximately 21,965 
        acres, as generally depicted on the map, is incorporated in, 
        and shall be managed as part of, the ``Buckhorn Wilderness'', 
        as designated by section 3 of the Washington State Wilderness 
        Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).
            (6) Green mountain wilderness.--Certain Federal land 
        managed by the Forest Service, comprising approximately 4,790 
        acres, as generally depicted on the map, which shall be known 
        as the ``Green Mountain Wilderness''.
            (7) The brothers wilderness additions.--Certain land 
        managed by the Forest Service, comprising approximately 8,625 
        acres, as generally depicted on the map, is incorporated in, 
        and shall be managed as part of, the ``The Brothers 
        Wilderness'', as designated by section 3 of the Washington 
        State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 
        98-339).
            (8) Mount skokomish wilderness additions.--Certain land 
        managed by the Forest Service, comprising approximately 8,933 
        acres, as generally depicted on the map, is incorporated in, 
        and shall be managed as part of, the ``Mount Skokomish 
        Wilderness'', as designated by section 3 of the Washington 
        State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 
        98-339).
            (9) Wonder mountain wilderness additions.--Certain land 
        managed by the Forest Service, comprising approximately 26,517 
        acres, as generally depicted on the map, is incorporated in, 
        and shall be managed as part of, the ``Wonder Mountain 
        Wilderness'', as designated by section 3 of the Washington 
        State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 
        98-339).
            (10) Moonlight dome wilderness.--Certain Federal land 
        managed by the Forest Service, comprising approximately 9,117 
        acres, as generally depicted on the map, which shall be known 
        as the ``Moonlight Dome Wilderness''.
            (11) South quinault ridge wilderness.--Certain Federal land 
        managed by the Forest Service, comprising approximately 10,887 
        acres, as generally depicted on the map, which shall be known 
        as the ``South Quinault Ridge Wilderness''.
            (12) Colonel bob wilderness additions.--Certain Federal 
        land managed by the Forest Service, comprising approximately 
        353 acres, as generally depicted on the map, is incorporated 
        in, and shall be managed as part of, the ``Colonel Bob 
        Wilderness'', as designated by section 3 of the Washington 
        State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 
        98-339).
            (13) Sam's river wilderness.--Certain Federal land managed 
        by the Forest Service, comprising approximately 13,418 acres, 
        as generally depicted on the map, which shall be known as the 
        ``Sam's River Wilderness''.
            (14) Canoe creek wilderness.--Certain Federal land managed 
        by the Forest Service, comprising approximately 1,378 acres, as 
        generally depicted on the map, which shall be known as the 
        ``Canoe Creek Wilderness''.
    (b) Administration.--
            (1) Management.--Subject to valid existing rights, the land 
        designated as wilderness by subsection (a) shall be 
        administered by the Secretary of Agriculture (referred to in 
        this section as the ``Secretary''), in accordance with the 
        Wilderness Act (16 U.S.C. 1131 et seq.), except that any 
        reference in that Act to the effective date of that Act shall 
        be considered to be a reference to the date of enactment of 
        this Act.
            (2) Map and description.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall file 
                a map and a legal description of the land designated as 
                wilderness by subsection (a) with--
                            (i) the Committee on Natural Resources of 
                        the House of Representatives; and
                            (ii) the Committee on Energy and Natural 
                        Resources of the Senate.
                    (B) Effect.--Each map and legal description filed 
                under subparagraph (A) shall have the same force and 
                effect as if included in this Act, except that the 
                Secretary may correct minor errors in the map and legal 
                description.
                    (C) Public availability.--Each map and legal 
                description filed under subparagraph (A) shall be filed 
                and made available for public inspection in the 
                appropriate office of the Forest Service.
    (c) Potential Wilderness.--
            (1) In general.--In furtherance of the purposes of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land 
        managed by the Forest Service, comprising approximately 5,346 
        acres as identified as ``Potential Wilderness'' on the map, is 
        designated as potential wilderness.
            (2) Designation as wilderness.--On the date on which the 
        Secretary publishes in the Federal Register notice that any 
        nonconforming uses in the potential wilderness designated by 
        paragraph (1) have terminated, the potential wilderness shall 
        be--
                    (A) designated as wilderness and as a component of 
                the National Wilderness Preservation System; and
                    (B) incorporated into the adjacent wilderness area.
    (d) Adjacent Management.--
            (1) No protective perimeters or buffer zones.--The 
        designations in this section shall not create a protective 
        perimeter or buffer zone around any wilderness area.
            (2) Nonconforming uses permitted outside of boundaries of 
        wilderness areas.--Any activity or use outside of the boundary 
        of any wilderness area designated under this section shall be 
        permitted even if the activity or use would be seen or heard 
        within the boundary of the wilderness area.
    (e) Fire, Insects, and Diseases.--The Secretary may take such 
measures as are necessary to control fire, insects, and diseases, in 
the wilderness areas designated by this section, in accordance with 
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 
subject to such terms and conditions as the Secretary determines to be 
appropriate.

SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.

    (a) In General.--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:
            ``(231) Elwha river, washington.--The approximately 29.0-
        mile segment of the Elwha River and tributaries from the source 
        to Cat Creek, to be administered by the Secretary of the 
        Interior as a wild river.
            ``(232) Dungeness river, washington.--The segment of the 
        Dungeness River from the headwaters to the State of Washington 
        Department of Natural Resources land in T. 29 N., R. 4 W., sec. 
        12, to be administered by the Secretary of Agriculture, except 
        that portions of the river within the boundaries of Olympic 
        National Park shall be administered by the Secretary of the 
        Interior, including the following segments of the mainstem and 
        major tributary the Gray Wolf River, in the following classes:
                    ``(A) The approximately 5.8-mile segment of the 
                Dungeness River from the headwaters to the 2870 Bridge, 
                as a wild river.
                    ``(B) The approximately 2.1-mile segment of the 
                Dungeness River from the 2870 Bridge to Silver Creek, 
                as a scenic river.
                    ``(C) The approximately 2.7-mile segment of the 
                Dungeness River from Silver Creek to Sleepy Hollow 
                Creek, as a wild river.
                    ``(D) The approximately 6.3-mile segment of the 
                Dungeness River from Sleepy Hollow Creek to the Olympic 
                National Forest boundary, as a scenic river.
                    ``(E) The approximately 1.9-mile segment of the 
                Dungeness River from the National Forest boundary to 
                the State of Washington Department of Natural Resources 
                land in T. 29 N., R. 4 W., sec. 12, to be administered 
                as a recreational river through a cooperative 
                management agreement between the State of Washington 
                and the Secretary of Agriculture, as provided in 
                section 10(e).
                    ``(F) The approximately 16.1-mile segment of the 
                Gray Wolf River from the headwaters to the 2870 Bridge, 
                as a wild river.
                    ``(G) The approximately 1.1-mile segment of the 
                Gray Wolf River from the 2870 Bridge to the confluence 
                with the Dungeness River, as a scenic river.
            ``(233) Big quilcene river, washington.--The segment of the 
        Big Quilcene River from the headwaters to the City of Port 
        Townsend water intake facility, to be administered by the 
        Secretary of Agriculture, in the following classes:
                    ``(A) The approximately 4.4-mile segment from the 
                headwaters to the Buckhorn Wilderness boundary, as a 
                wild river.
                    ``(B) The approximately 5.3-mile segment from the 
                Buckhorn Wilderness boundary to the City of Port 
                Townsend water intake facility, as a scenic river.
                    ``(C) Section 7(a), with respect to the licensing 
                of dams, water conduits, reservoirs, powerhouses, 
                transmission lines, or other project works, shall apply 
                to the approximately 5-mile segment from the City of 
                Port Townsend water intake facility to the Olympic 
                National Forest boundary.
            ``(234) Dosewallips river, washington.--The segment of the 
        Dosewallips River from the headwaters to the private land in T. 
        26 N., R. 3 W., sec. 15, to be administered by the Secretary of 
        Agriculture, except that portions of the river within the 
        boundaries of Olympic National Park shall be administered by 
        the Secretary of the Interior, in the following classes:
                    ``(A) The approximately 12.9-mile segment from the 
                headwaters to Station Creek, as a wild river.
                    ``(B) The approximately 6.8-mile segment from 
                Station Creek to the private land in T. 26 N., R. 3 W., 
                sec. 15, as a scenic river.
            ``(235) Duckabush river, washington.--The segment of the 
        Duckabush River from the headwaters to the private land in T. 
        25 N., R. 3 W., sec. 1, to be administered by the Secretary of 
        Agriculture, except that portions of the river within the 
        boundaries of Olympic National Park shall be administered by 
        the Secretary of the Interior, in the following classes:
                    ``(A) The approximately 19.0-mile segment from the 
                headwaters to the Brothers Wilderness boundary, as a 
                wild river.
                    ``(B) The approximately 1.9-mile segment from the 
                Brothers Wilderness boundary to the private land in T. 
                25 N., R. 3 W., sec. 1, as a scenic river.
            ``(236) Hamma hamma river, washington.--The segment of the 
        Hamma Hamma River from the headwaters to the eastern edge of 
        the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered by 
        the Secretary of Agriculture, in the following classes:
                    ``(A) The approximately 3.1-mile segment from the 
                headwaters to the Mt. Skokomish Wilderness boundary, as 
                a wild river.
                    ``(B) The approximately 5.8-mile segment from the 
                Mt. Skokomish Wilderness boundary to Lena Creek, as a 
                scenic river.
                    ``(C) The approximately 6.8-mile segment from Lena 
                Creek to the eastern edge of the NW\1/4\ sec. 21, T. 24 
                N., R. 3 W., to be administered as a recreational river 
                through a cooperative management agreement between the 
                State of Washington and the Secretary of Agriculture, 
                as provided in section 10(e).
            ``(237) South fork skokomish river, washington.--The 
        segment of the South Fork Skokomish River from the headwaters 
        to the Olympic National Forest boundary to be administered by 
        the Secretary of Agriculture, in the following classes:
                    ``(A) The approximately 6.7-mile segment from the 
                headwaters to Church Creek, as a wild river.
                    ``(B) The approximately 8.3-mile segment from 
                Church Creek to LeBar Creek, as a scenic river.
                    ``(C) The approximately 4.0-mile segment from LeBar 
                Creek to upper end of gorge in the NW\1/4\ sec. 22, T. 
                22 N., R. 5 W., as a recreational river.
                    ``(D) The approximately 6.0-mile segment from the 
                upper end of the gorge to the Olympic National Forest 
                boundary, as a scenic river.
            ``(238) Middle fork satsop river, washington.--The 
        approximately 7.9-mile segment of the Middle Fork Satsop River 
        from the headwaters to the Olympic National Forest boundary, to 
        be administered by the Secretary of Agriculture, as a scenic 
        river.
            ``(239) West fork satsop river, washington.--The 
        approximately 8.2-mile segment of the West Fork Satsop River 
        from the headwaters to the Olympic National Forest boundary, to 
        be administered by the Secretary of Agriculture, as a scenic 
        river.
            ``(240) Wynoochee river, washington.--The segment of the 
        Wynoochee River from the headwaters to the head of Wynoochee 
        Reservoir to be administered by the Secretary of Agriculture, 
        except that portions of the river within the boundaries of 
        Olympic National Park shall be administered by the Secretary of 
        the Interior, in the following classes:
                    ``(A) The approximately 2.5-mile segment from the 
                headwaters to the boundary of the Wonder Mountain 
                Wilderness, as a wild river.
                    ``(B) The approximately 7.4-mile segment from the 
                boundary of the Wonder Mountain Wilderness to the head 
                of Wynoochee Reservoir, as a recreational river.
            ``(241) East fork humptulips river, washington.--The 
        segment of the East Fork Humptulips River from the headwaters 
        to the Olympic National Forest boundary to be administered by 
        the Secretary of Agriculture, in the following classes:
                    ``(A) The approximately 7.4-mile segment from the 
                headwaters to the Moonlight Dome Wilderness boundary, 
                as a wild river.
                    ``(B) The approximately 10.3-mile segment from the 
                Moonlight Dome Wilderness boundary to the Olympic 
                National Forest boundary, as a scenic river.
            ``(242) West fork humptulips river, washington.--The 
        approximately 21.4-mile segment of the West Fork Humptulips 
        River from the headwaters to the Olympic National Forest 
        Boundary, to be administered by the Secretary of Agriculture, 
        as a scenic river.
            ``(243) Quinault river, washington.--The segment of the 
        Quinault River from the headwaters to private land in T. 24 N., 
        R. 8 W., sec. 33, to be administered by the Secretary of the 
        Interior, in the following classes:
                    ``(A) The approximately 16.5-mile segment from the 
                headwaters to Graves Creek, as a wild river.
                    ``(B) The approximately 6.7-mile segment from 
                Graves Creek to Cannings Creek, as a scenic river.
                    ``(C) The approximately 1.0-mile segment from 
                Cannings Creek to private land in T. 24 N., R. 8 W., 
                sec. 33, as a recreational river.
            ``(244) Queets river, washington.--The segment of the 
        Queets River from the headwaters to the Olympic National Park 
        boundary to be administered by the Secretary of the Interior, 
        except that portions of the river outside the boundaries of 
        Olympic National Park shall be administered by the Secretary of 
        Agriculture, including the following segments of the mainstem 
        and certain tributaries in the following classes:
                    ``(A) The approximately 28.6-mile segment of the 
                Queets River from the headwaters to the confluence with 
                Sams River, as a wild river.
                    ``(B) The approximately 16.0-mile segment of the 
                Queets River from the confluence with Sams River to the 
                Olympic National Park boundary, as a scenic river.
                    ``(C) The approximately 15.7-mile segment of the 
                Sams River from the headwaters to the confluence with 
                the Queets River, as a scenic river.
                    ``(D) The approximately 17.7-mile segment of 
                Matheny Creek from the headwaters to the confluence 
                with the Queets River, to be administered as a scenic 
                river through a cooperative management agreement 
                between the State of Washington and the Secretary of 
                Agriculture, as provided in section 10(e).
            ``(245) Hoh river, washington.--The segment of the Hoh 
        River and the major tributary South Fork Hoh from the 
        headwaters to Olympic National Park boundary, to be 
        administered by the Secretary of the Interior, in the following 
        classes:
                    ``(A) The approximately 20.7-mile segment of the 
                Hoh River from the headwaters to Jackson Creek, as a 
                wild river.
                    ``(B) The approximately 6.0-mile segment of the Hoh 
                River from Jackson Creek to the Olympic National Park 
                boundary, as a scenic river.
                    ``(C) The approximately 13.8-mile segment of the 
                South Fork Hoh River from the headwaters to the Olympic 
                National Park boundary, as a wild river.
                    ``(D) The approximately 4.6-mile segment of the 
                South Fork Hoh River from the Olympic National Park 
                boundary to the Washington State Department of Natural 
                Resources boundary in T. 27 N., R. 10 W., sec. 29, to 
                be administered as a recreational river through a 
                cooperative management agreement between the State of 
                Washington and the Secretary of Agriculture, as 
                provided in section 10(e).
            ``(246) Bogachiel river, washington.--The approximately 
        25.6-mile segment of the Bogachiel River from the source to the 
        Olympic National Park boundary, to be administered by the 
        Secretary of the Interior, as a wild river.
            ``(247) South fork calawah river, washington.--The segment 
        of the South Fork Calawah River and the major tributary Sitkum 
        River from the headwaters to Hyas Creek to be administered by 
        the Secretary of Agriculture, except those portions of the 
        river within the boundaries of Olympic National Park shall be 
        administered by the Secretary of the Interior, including the 
        following segments in the following classes:
                    ``(A) The approximately 15.7-mile segment of the 
                South Fork Calawah River from the headwaters to the 
                Sitkum River, as a wild river.
                    ``(B) The approximately 0.9-mile segment of the 
                South Fork Calawah River from the Sitkum River to Hyas 
                Creek, as a scenic river.
                    ``(C) The approximately 1.6-mile segment of the 
                Sitkum River from the headwaters to the Rugged Ridge 
                Wilderness boundary, as a wild river.
                    ``(D) The approximately 11.9-mile segment of the 
                Sitkum River from the Rugged Ridge Wilderness boundary 
                to the confluence with the South Fork Calawah, as a 
                scenic river.
            ``(248) Sol duc river, washington.--The segment of the Sol 
        Duc River from the headwaters to the Olympic National Park 
        boundary to be administered by the Secretary of the Interior, 
        including the following segments of the mainstem and certain 
        tributaries in the following classes:
                    ``(A) The approximately 7.0-mile segment of the Sol 
                Duc River from the headwaters to the end of Sol Duc Hot 
                Springs Road, as a wild river.
                    ``(B) The approximately 10.8-mile segment of the 
                Sol Duc River from the end of Sol Duc Hot Springs Road 
                to the Olympic National Park boundary, as a scenic 
                river.
                    ``(C) The approximately 14.2-mile segment of the 
                North Fork Sol Duc River from the headwaters to the 
                Olympic Hot Springs Road bridge, as a wild river.
                    ``(D) The approximately 0.2-mile segment of the 
                North Fork Sol Duc River from the Olympic Hot Springs 
                Road bridge to the confluence with the Sol Duc River, 
                as a scenic river.
                    ``(E) The approximately 8.0-mile segment of the 
                South Fork Sol Duc River from the headwaters to the 
                confluence with the Sol Duc River, as a scenic river.
            ``(249) Lyre river, washington.--The approximately 0.2-mile 
        segment of the Lyre River from Lake Crescent to the Olympic 
        National Park boundary, to be administered by the Secretary of 
        the Interior as a scenic river.''.
    (b) Effect.--The amendment made by subsection (a) does not affect 
valid existing water rights.
    (c) Updates to Land and Resource Management Plans.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 3 years after the date of enactment of this Act, the 
        Secretary of Agriculture shall, with respect to the 
        designations made under subsection (a) on lands under the 
        jurisdiction of the Secretary, incorporate such designations 
        into updated management plans for units of the National Forest 
        System in accordance with applicable laws (including 
        regulations).
            (2) Exception.--The date specified in paragraph (1) shall 
        be 5 years after the date of enactment of this Act if the 
        Secretary of Agriculture--
                    (A) is unable to meet the requirement under that 
                paragraph by the date specified in such paragraph; and
                    (B) not later than 3 years after the date of 
                enactment of this Act, includes in the Department of 
                Agriculture annual budget submission to Congress a 
                request for additional sums as may be necessary to meet 
                the requirement of that paragraph.
            (3) Comprehensive management plan requirements.--Updated 
        management plans under paragraph (1) or (2) satisfy the 
        requirements under section 3(d) of the Wild and Scenic Rivers 
        Act (16 U.S.C. 1274(d)).

SEC. 4. EXISTING RIGHTS AND WITHDRAWAL.

    (a) In General.--In accordance with section 12(b) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this Act or the 
amendment made by section 3(a) affects or abrogates existing rights, 
privileges, or contracts held by private parties, nor does this Act in 
any way modify or direct the management, acquisition, or disposition of 
land managed by the Washington Department of Natural Resources on 
behalf of the State of Washington.
    (b) Withdrawal.--Subject to valid existing rights, the Federal land 
within the boundaries of the river segments designated by this Act and 
the amendment made by section 3(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.

SEC. 5. TREATY RIGHTS.

    Nothing in this Act alters, modifies, diminishes, or extinguishes 
the reserved treaty rights of any Indian Tribe with hunting, fishing, 
gathering, and cultural or religious rights as protected by a treaty.
                                 <all>