[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 162 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 121
118th CONGRESS
  1st Session
                                 S. 162

                          [Report No. 118-49]

   To amend the Smith River National Recreation Area Act to include 
certain additions to the Smith River National Recreation Area, to amend 
the Wild and Scenic Rivers Act to designate certain wild rivers in the 
                State of Oregon, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2023

 Mr. Merkley (for himself, Mr. Wyden, Mrs. Feinstein, and Mr. Padilla) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

                             July 11, 2023

               Reported by Mr. Manchin, without amendment

_______________________________________________________________________

                                 A BILL


 
   To amend the Smith River National Recreation Area Act to include 
certain additions to the Smith River National Recreation Area, to amend 
the Wild and Scenic Rivers Act to designate certain wild rivers 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 ``Smith River National Recreation Area 
Expansion Act''.

SEC. 2. ADDITIONS TO THE SMITH RIVER NATIONAL RECREATION AREA.

    (a) Definitions.--Section 3 of the Smith River National Recreation 
Area Act (16 U.S.C. 460bbb-1) is amended--
            (1) in paragraph (1), by striking ``referred to in section 
        4(b)'' and inserting ``entitled `Proposed Smith River National 
        Recreation Area' and dated July 1990''; and
            (2) in paragraph (2), by striking ``the Six Rivers National 
        Forest'' and inserting ``an applicable unit of the National 
        Forest System''.
    (b) Boundaries.--Section 4(b) of the Smith River National 
Recreation Area Act (16 U.S.C. 460bbb-2(b)) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence, by inserting ``and on 
                the map entitled `Proposed Additions to the Smith River 
                National Recreation Area' and dated January 23, 2023'' 
                after ``1990''; and
                    (B) in the second sentence, by striking ``map'' and 
                inserting ``maps''; and
            (2) in paragraph (2), by striking ``map'' and inserting 
        ``maps described in paragraph (1)''.
    (c) Administration.--Section 5 of the Smith River National 
Recreation Area Act (16 U.S.C. 460bbb-3) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), in the first sentence, by 
                striking ``the map'' and inserting ``the maps''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``area 
                        shall be on'' and inserting ``area and any 
                        portion of the recreation area in the State of 
                        Oregon shall be on roadless''; and
                            (ii) by adding at the end the following:
                    ``(I) The Kalmiopsis Wilderness shall be managed in 
                accordance with the Wilderness Act (16 U.S.C. 1131 et 
                seq.).'';
            (2) in subsection (c), by striking ``by the amendments made 
        by section 10(b) of this Act'' and inserting ``within the 
        recreation area''; and
            (3) by adding at the end the following:
    ``(d) Study; Report.--
            ``(1) In general.--Not later than 5 years after the date of 
        enactment of this subsection, the Secretary shall conduct a 
        study of the area depicted on the map entitled `Proposed 
        Additions to the Smith River National Recreation Area' and 
        dated January 23, 2023, that includes inventories and 
        assessments of streams, fens, wetlands, lakes, other water 
        features, and associated land, plants (including Port-Orford-
        cedar), animals, fungi, algae, and other values, and unstable 
        and potentially unstable aquatic habitat areas in the study 
        area.
            ``(2) Modification of management plans; report.--On 
        completion of the study under paragraph (1), the Secretary 
        shall--
                    ``(A) modify any applicable management plan to 
                fully protect the inventoried values under the study, 
                including to implement additional standards and 
                guidelines; and
                    ``(B) submit to Congress a report describing the 
                results of the study.
    ``(e) Wildfire Management.--Nothing in this Act affects the 
authority of the Secretary (in cooperation with other Federal, State, 
and local agencies, as appropriate) to conduct wildland fire operations 
within the recreation area, consistent with the purposes of this Act.
    ``(f) Vegetation Management.--Nothing in this Act prohibits the 
Secretary from conducting vegetation management projects (including 
wildfire resiliency and forest health projects) within the recreation 
area, to the extent consistent with the purposes of the recreation 
area.
    ``(g) Application of Northwest Forest Plan and Roadless Rule to 
Certain Portions of the Recreation Area.--Nothing in this Act affects 
the application of the Northwest Forest Plan or part 294 of title 36, 
Code of Federal Regulations (commonly referred to as the `Roadless 
Rule') (as in effect on the date of enactment of this subsection), to 
portions of the recreation area in the State of Oregon that are subject 
to the plan and those regulations as of the date of enactment of this 
subsection.
    ``(h) Protection of Tribal Rights.--
            ``(1) In general.--Nothing in this Act diminishes any right 
        of an Indian Tribe.
            ``(2) Memorandum of understanding.--The Secretary shall 
        seek to enter into a memorandum of understanding with 
        applicable Indian Tribes with respect to--
                    ``(A) providing the Indian Tribes with access to 
                the portions of the recreation area in the State of 
                Oregon to conduct historical and cultural activities, 
                including the procurement of noncommercial forest 
                products and materials for traditional and cultural 
                purposes; and
                    ``(B) the development of interpretive information 
                to be provided to the public on the history of the 
                Indian Tribes and the use of the recreation area by the 
                Indian Tribes.''.
    (d) Acquisition.--Section 6(a) of the Smith River National 
Recreation Area Act (16 U.S.C. 460bbb-4(a)) is amended--
            (1) in the fourth sentence, by striking ``All lands'' and 
        inserting the following:
            ``(4) Applicable law.--All land'';
            (2) in the third sentence--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(3) Method of acquisition.--The Secretary'';
                    (B) by striking ``or any of its political 
                subdivisions'' and inserting ``, the State of Oregon, 
                or any political subdivision of the State of California 
                or the State of Oregon''; and
                    (C) by striking ``donation or'' and inserting 
                ``purchase, donation, or'';
            (3) in the second sentence, by striking ``In exercising'' 
        and inserting the following:
            ``(2) Consideration of offers by secretary.--In 
        exercising'';
            (4) in the first sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(1) In general.--The Secretary''; and
            (5) by adding at the end the following:
            ``(5) Acquisition of cedar creek parcel.--On the adoption 
        of a resolution by the State Land Board of Oregon and subject 
        to available funding, the Secretary shall acquire all right, 
        title, and interest in and to the approximately 555 acres of 
        land known as the `Cedar Creek Parcel' located in sec. 16, T. 
        41 S., R. 11 W., Willamette Meridian.''.
    (e) Fish and Game.--Section 7 of the Smith River National 
Recreation Area Act (16 U.S.C. 460bbb-5) is amended--
            (1) in the first sentence, by inserting ``or the State of 
        Oregon'' after ``State of California''; and
            (2) in the second sentence, by inserting ``or the State of 
        Oregon, as applicable'' after ``State of California''.
    (f) Management Planning.--Section 9 of the Smith River National 
Recreation Area Act (16 U.S.C. 460bbb-7) is amended--
            (1) in the first sentence, by striking ``The Secretary'' 
        and inserting the following:
    ``(a) Revision of Management Plan.--The Secretary''; and
            (2) by adding at the end the following:
    ``(b) Smith River National Recreation Area Management Plan 
Revision.--As soon as practicable after the date of the first revision 
of the forest plan after the date of enactment of this subsection, the 
Secretary shall revise the management plan for the recreation area--
            ``(1) to reflect the expansion of the recreation area into 
        the State of Oregon under the Smith River National Recreation 
        Area Expansion Act; and
            ``(2) to include an updated recreation action schedule to 
        identify specific use and development plans for the areas 
        described in the map entitled `Proposed Additions to the Smith 
        River National Recreation Area' and dated January 23, 2023.''.
    (g) Streamside Protection Zones.--Section 11(b) of the Smith River 
National Recreation Area Act (16 U.S.C. 460bbb-8(b)) is amended by 
adding at the end the following:
            ``(24) Each of the river segments described in subparagraph 
        (B) of section 3(a)(92) of the Wild and Scenic Rivers Act (16 
        U.S.C. 1274(a)(92)).''.
    (h) State and Local Jurisdiction and Assistance.--Section 12 of the 
Smith River National Recreation Area Act (16 U.S.C. 460bbb-9) is 
amended--
            (1) in subsection (a), by striking ``California or any 
        political subdivision thereof'' and inserting ``California, the 
        State of Oregon, or a political subdivision of the State of 
        California or the State of Oregon'';
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``California or its political subdivisions'' 
        and inserting ``California, the State of Oregon, or a political 
        subdivision of the State of California or the State of 
        Oregon''; and
            (3) in subsection (c), in the first sentence--
                    (A) by striking ``California and its political 
                subdivisions'' and inserting ``California, the State of 
                Oregon, and any political subdivision of the State of 
                California or the State of Oregon''; and
                    (B) by striking ``State and its political 
                subdivisions'' and inserting ``State of California, the 
                State of Oregon, and any political subdivision of the 
                State of California or the State of Oregon''.

SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.

    (a) North Fork Smith Additions, Oregon.--
            (1) Finding.--Congress finds that the source tributaries of 
        the North Fork Smith River in the State of Oregon possess 
        outstandingly remarkable wild anadromous fish and prehistoric, 
        cultural, botanical, recreational, and water quality values.
            (2) Designation.--Section 3(a)(92) of the Wild and Scenic 
        Rivers Act (16 U.S.C. 1274(a)(92)) is amended--
                    (A) in subparagraph (B), by striking ``scenic'' and 
                inserting ``wild'';
                    (B) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), respectively, and 
                indenting appropriately;
                    (C) in the matter preceding clause (i) (as so 
                redesignated), by striking ``The 13-mile'' and 
                inserting the following:
                    ``(A) In general.--The 13-mile''; and
                    (D) by adding at the end the following:
                    ``(B) Additions.--The following segments of the 
                source tributaries of the North Fork Smith River, to be 
                administered by the Secretary of Agriculture in the 
                following classes:
                            ``(i) The 13.26-mile segment of Baldface 
                        Creek from its headwaters, including all 
                        perennial tributaries, to the confluence with 
                        the North Fork Smith in T. 39 S., R 10 W., T. 
                        40 S., R. 10 W., and T. 41 S., R. 11 W., 
                        Willamette Meridian, as a wild river.
                            ``(ii) The 3.58-mile segment from the 
                        headwaters of Taylor Creek to the confluence 
                        with Baldface Creek, as a wild river.
                            ``(iii) The 4.38-mile segment from the 
                        headwaters of the unnamed tributary to Biscuit 
                        Creek and the headwaters of Biscuit Creek to 
                        the confluence with Baldface Creek, as a wild 
                        river.
                            ``(iv) The 2.27-mile segment from the 
                        headwaters of Spokane Creek to the confluence 
                        with Baldface Creek, as a wild river.
                            ``(v) The 1.25-mile segment from the 
                        headwaters of Rock Creek to the confluence with 
                        Baldface Creek, flowing south from sec. 19, T. 
                        40 S., R. 10 W., Willamette Meridian, as a wild 
                        river.
                            ``(vi) The 1.31-mile segment from the 
                        headwaters of the unnamed tributary number 2 to 
                        the confluence with Baldface Creek, flowing 
                        north from sec. 27, T. 40 S., R. 10 W., 
                        Willamette Meridian, as a wild river.
                            ``(vii) The 3.6-mile segment from the 2 
                        headwaters of the unnamed tributary number 3 to 
                        the confluence with Baldface Creek, flowing 
                        south from secs. 9 and 10, T. 40 S., R. 10 W., 
                        Willamette Meridian, as a wild river.
                            ``(viii) The 1.57-mile segment from the 
                        headwaters of the unnamed tributary number 4 to 
                        the confluence with Baldface Creek, flowing 
                        north from sec. 26, T. 40 S., R. 10 W., 
                        Willamette Meridian, as a wild river.
                            ``(ix) The 0.92-mile segment from the 
                        headwaters of the unnamed tributary number 5 to 
                        the confluence with Baldface Creek, flowing 
                        north from sec. 13, T. 40 S., R. 10 W., 
                        Willamette Meridian, as a wild river.
                            ``(x) The 4.90-mile segment from the 
                        headwaters of Cedar Creek to the confluence 
                        with North Fork Smith River, as a wild river.
                            ``(xi) The 2.38-mile segment from the 
                        headwaters of Packsaddle Gulch to the 
                        confluence with North Fork Smith River, as a 
                        wild river.
                            ``(xii) The 2.4-mile segment from the 
                        headwaters of Hardtack Creek to the confluence 
                        with North Fork Smith River, as a wild river.
                            ``(xiii) The 2.21-mile segment from the 
                        headwaters of the unnamed creek to the 
                        confluence with North Fork Smith River, flowing 
                        east from sec. 29, T. 40 S., R. 11 W., 
                        Willamette Meridian, as a wild river.
                            ``(xiv) The 3.06-mile segment from the 
                        headwaters of Horse Creek to the confluence 
                        with North Fork Smith River, as a wild river.
                            ``(xv) The 2.61-mile segment of Fall Creek 
                        from the Oregon State border to the confluence 
                        with North Fork Smith River, as a wild river.
                            ``(xvi)(I) Except as provided in subclause 
                        (II), the 4.57-mile segment from the headwaters 
                        of North Fork Diamond Creek to the confluence 
                        with Diamond Creek, as a wild river.
                            ``(II) Notwithstanding subclause (I), the 
                        portion of the segment described in that 
                        subclause that starts 100 feet above Forest 
                        Service Road 4402 and ends 100 feet below 
                        Forest Service Road 4402 shall be administered 
                        as a scenic river.
                            ``(xvii) The 1.02-mile segment from the 
                        headwaters of Diamond Creek to the Oregon State 
                        border in sec. 14, T. 40 S., R. 10 W., 
                        Willamette Meridian, as a wild river.
                            ``(xviii) The 1.14-mile segment from the 
                        headwaters of Acorn Creek to the confluence 
                        with Horse Creek, as a wild river.
                            ``(xix) The 8.58-mile segment from the 
                        headwaters of Chrome Creek to the confluence 
                        with North Fork Smith River, as a wild river.
                            ``(xx) The 2.98-mile segment from the 
                        headwaters Chrome Creek tributary number 1 to 
                        the confluence with Chrome Creek, 0.82 miles 
                        upstream from the mouth of Chrome Creek in the 
                        Kalmiopsis Wilderness, flowing south from sec. 
                        15, T. 40 S., R. 11 W., Willamette Meridian, as 
                        a wild river.
                            ``(xxi) The 2.19-mile segment from the 
                        headwaters of Chrome Creek tributary number 2 
                        to the confluence with Chrome Creek, 3.33 miles 
                        upstream from the mouth of Chrome Creek in the 
                        Kalmiopsis Wilderness, flowing south from sec. 
                        12, T. 40 S., R. 11 W., Willamette Meridian, as 
                        a wild river.
                            ``(xxii) The 1.27-mile segment from the 
                        headwaters of Chrome Creek tributary number 3 
                        to the confluence with Chrome Creek, 4.28 miles 
                        upstream from the mouth of Chrome Creek in the 
                        Kalmiopsis Wilderness, flowing north from sec. 
                        18, T. 40 S., R. 10 W., Willamette Meridian, as 
                        a wild river.
                            ``(xxiii) The 2.27-mile segment from the 
                        headwaters of Chrome Creek tributary number 4 
                        to the confluence with Chrome Creek, 6.13 miles 
                        upstream from the mouth of Chrome Creek, 
                        flowing south from Chetco Peak in the 
                        Kalmiopsis Wilderness in sec. 36, T. 39 S., R. 
                        11 W., Willamette Meridian, as a wild river.
                            ``(xxiv) The 0.6-mile segment from the 
                        headwaters of Wimer Creek to the border between 
                        the States of Oregon and California, flowing 
                        south from sec. 17, T. 41 S., R. 10 W., 
                        Willamette Meridian, as a wild river.''.
    (b) Expansion of Smith River, Oregon.--Section 3(a) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph 
(111) and inserting the following:
            ``(111) Smith river, california and oregon.--The segment 
        from the confluence of the Middle Fork Smith River and the 
        North Fork Smith River to the Six Rivers National Forest 
        boundary, including the following segments of the mainstem and 
        certain tributaries, to be administered by the Secretary of 
        Agriculture in the following classes:
                    ``(A) Mainstem.--The segment from the confluence of 
                the Middle Fork Smith River and the South Fork Smith 
                River to the Six Rivers National Forest boundary, as a 
                recreational river.
                    ``(B) Rowdy creek.--
                            ``(i) Upper.--The segment from and 
                        including the headwaters to the California-
                        Oregon State line, as a wild river.
                            ``(ii) Lower.--The segment from the 
                        California-Oregon State line to the Six Rivers 
                        National Forest boundary, as a recreational 
                        river.''.
                                                       Calendar No. 121

118th CONGRESS

  1st Session

                                 S. 162

                          [Report No. 118-49]

_______________________________________________________________________

                                 A BILL

   To amend the Smith River National Recreation Area Act to include 
certain additions to the Smith River National Recreation Area, to amend 
the Wild and Scenic Rivers Act to designate certain wild rivers in the 
                State of Oregon, and for other purposes.

_______________________________________________________________________

                             July 11, 2023

                       Reported without amendment