[Congressional Record Volume 142, Number 46 (Friday, March 29, 1996)]
[Senate]
[Pages S3222-S3228]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATFIELD:
  S. 1662. A bill to establish areas of wilderness and recreation in 
the State of Oregon, and for other purposes; to the Committee on Energy 
and Natural Resources.

[[Page S3223]]

the opal creek wilderness and opal creek scenic recreation area act of 
                                  1996

  Mr. HATFIELD. Mr. President, the natural resources of my State are 
indisputably among the most significant and spectacular in the world. 
It has been almost 30 years since the enactment of the Oregon 
wilderness bill--the massive, 100,000-acre Mt. Jefferson Wilderness in 
central Oregon. I sponsored that bill and two other comprehensive 
pieces of legislation in 1978 and 1984, which increased Oregon's 
wilderness system fourfold, from 500,000 acres to 2.1 million acres.
  Throughout my years in the Senate I have attempted to protect 
Oregon's resources by following the philosophy of the one of our 
Nation's first and foremost conservationists, the original U.S. Forest 
Service Chief, Gifford Pinchot. Gifford Pinchot said:

       The conservation of natural resources [in this country] is 
     the key to the future. It is the key to the safety and 
     prosperity of the American people. Conservation is the 
     greatest material question of all.

  This principle of conservation has led me to sponsor numerous land 
protection bills over the years.
  Let me say, as I list this record of legislation, I want it clearly 
understood that, like anything else that happens in this Senate and in 
the legislative body, it was a team effort. It was a group effort. We 
had the advocates in the population and communities, we had the 
organizations sponsoring such issues in the public, and I had 
colleagues, colleagues not only in the Senate but colleagues in the 
House of Representatives, who were all part of this record that I am 
reciting today. In addition to that is the staff, the staff that serves 
these committees with such dedication, such expertise. None of it could 
have happened solely on the energy or effort of any one Member.
  I have also sponsored legislation enacting the Columbia River Gorge 
National Scenic Area, the Oregon Dunes National Recreation Area, the 
Hells Canyon National Recreation Area, Yaquina Head and Cascade Head on 
the Oregon coast, the John Day Fossil Beds National Monument, the 
Newberry Crater National Monument, and the Oregon Wild and Scenic 
Rivers Act, which includes protection of 42 Oregon rivers, more than 
any other State in the Union.
  In fact, the next highest State is California with 11.
  To put Oregon's 42 wild and scenic rivers into context, having just 
made that statement about California, Alaska has displaced California. 
Alaska now has 25 rivers. Next comes Michigan, with 16. California now 
has 13 and Arkansas 8. I am proud that Oregon has led the way in 
protecting our wild and scenic rivers. Again, having stated the figures 
of those other States, Oregon is 42.
  Each time I have labored to protect these special areas, I have been 
forcefully reminded that I represent a State that is often sharply 
divided on natural resource issues. These divides generally reflect the 
difference between the urban and the rural way of life. During the 
decades I have devoted to public service, I have sought to bridge the 
chasm that has formed between the urban and rural citizens of my State 
and bring some order and balance to natural resource conflicts by 
addressing both sides of the debate.
  Today, in a sense, I am coming full circle to where I started with 
the 1968 Mt. Jefferson Wilderness Act. Today, I am introducing 
legislation to, once again, increase Oregon's wilderness system and 
protect one of Oregon's most important low-elevation old growth 
forests, Opal Creek. This legislation, called the Oregon Resources 
Conservation Act, also includes solutions to two other natural resource 
issues in my State on which I have been working for many years: 
protection of the Mt. Hood corridor; and promotion of consensus-based 
working groups in the Klamath and Deschutes River Basins. I am also 
including a so-called placeholder title for the Coquille Forest 
proposal, which will require a significant amount of public input prior 
to the introduction of any legislation.
  Title I of the Oregon Resources Conservation Act creates a 25,800-
acre Opal Creek Wilderness and National Scenic-Recreation Area. Opal 
Creek is truly one of Oregon's ecological crown jewels. It is one of 
the last remaining intact, low-elevation old-growth forest areas in 
western Oregon. Portions of Opal Creek are literally blanketed with 
majestic old-growth forests and crystal clear, stair-stepping waters.

  I have always felt this area should be protected in perpetuity from 
commercial timber harvesting and mining. In fact, I included it in the 
original versions of both my 1984 Oregon Wilderness Act and my 1988 
Oregon Wild and Scenic Rivers Act. Each time, however, the area was 
removed from these bills at the request of the State's Governor.
  In 1991, I sponsored additional Opal Creek protection legislation 
when I included a provision which was enacted as part of the fiscal 
year 1992 Department of Defense appropriations bill to to facilitate 
the issuance of a patent on the key access property to Opal Creek. This 
provision was necessary to facilitate a large charitable donation of 
land and mineral interests by a mining company to the Nature 
Conservancy for the protection of the area. Unfortunately, the Nature 
Conservancy was forced to reject this donation due to its concerns 
about potential liability for an existing contaminated abandoned mining 
site in the Opal Creek area. Subsequently the Friends of Opal Creek, a 
local conservation group, stepped forward to accept this large 
charitable donation.
  In 1994, there was another Opal Creek protection bill before the 
Congress. The bill, sponsored by my good friend, then-Representative 
Mike Kopetski of Oregon, passed the House of Representatives under his 
fine leadership and was referred to the Senate Committee on Energy and 
Natural Resources in the final days of the 103d Congress.
  In fact, Mr. President, I invited my former colleague, Congressman 
Mike Kopetski, to be here today on this very historic occasion to share 
in the results of many of his long years of commitment and his 
dedicated effort.
  The Senate was unable to take final action on this legislation in the 
few remaining weeks prior to sine die. These difficulties were enhanced 
by the administration's initial opposition and ambivalence toward the 
proposal.
  I called for and chaired a hearing before the the Senate Committee on 
Energy and Natural Resources on October 5, 1994, which examined the 
concerns with the bill and sought to build momentum for a working group 
process at the local level which would attempt to build consensus and 
bring divergent parties together on this controversial issue.
  This hearing did, indeed, create the momentum necessary for the 
formation of an Opal Creek working group, and on September 1, 1995, the 
first meeting of the group was held in Salem, OR. The Willamette 
University Dispute Resolution Center agreed to facilitate the meeting 
and attempt to build a consensus on the issue. The group, with the 
benefit of the outstanding facilitation skills of Prof. Richard Birke, 
met from September 1995 to March of this year and has developed a 
several-hundred page report summarizing its deliberations. I believe 
the group has done an excellent job discussing difficult issues and 
working together to find a solution. Mind you, this was a very broadly 
based group representing industry, local officials, environmental 
organizations, user groups and so forth. While no clear-cut consensus 
emerged from the group, their report has given me a strong 
understanding of the existing natural values of the area, the issues 
involved in protection of the area and the positions of all groups 
involved in the debate. Indeed, this report has greatly assisted me in 
developing the legislation I am introducing today.
  As many of my colleagues know, we have a political environment in 
Oregon and the Pacific Northwest that is as splintered as any I have 
seen in my political career. This environment is characterized by a 
lack of trust on all sides of the political spectrum and extreme 
polarization. The Opal Creek working group, therefore, is a great 
success in bringing parties together in an attempt to heal old wounds 
and build new partnerships. The group also represents in my mind a 
great success in addressing one of my major concerns with the House's 
legislation from 1994, which was the general lack of agreements and 
limited dialog regarding protection of this forested area. I thank each 
and every member of the group of their dedication to this 6-month 
process and to resolving this difficult issue.

[[Page S3224]]

  Again, I want to say, parenthetically, that one of the outstanding 
members of that group is former Congressman Mike Kopetski who, again, 
was able to give leadership from some of his experience in giving his 
life effort to the development of Opal Creek.
  The legislation I am introducing today also addresses another major 
concern I had with the 1994 Opal Creek bill, its lack of ecosystem 
watershed management principles. The 1994 bill would have protected 
approximately 22,000 acres in the Opal Creek area. My bill protects 
25,800 acres, including the creation of approximately 12,800 acres of 
new wilderness. Each and every one of the sub watersheds--we took a 
map, and we looked at that map as an ecosystem. We looked at that map 
as a great basin, a watershed. So we took from that map, with concern 
for protection of the entire ecosystem. Each and every one of those sub 
watersheds in the Little North Fork Santiam River drainage are 
addressed in some way in my legislation, either through a wilderness or 
a national scenic recreation area designation.
  By doing this, we have attempted to protect the outstanding resource 
values in each of these sub drainages, while at the same time 
addressing the area comprehensively as an intact ecosystem.
  In addition to addressing the protection of the entire watershed, the 
Opal Creek title of this bill maintains recreation at existing levels 
and allows for growth in uses where appropriate. The bill also calls 
for historical, cultural and ecological interpretation in the newly-
created area to be conducted in a balanced and factually accurate 
manner. Motorized recreation will be prohibited except on the existing 
road system and nonmotorized use will be permitted throughout the area, 
except, of course, in the wilderness. The existing road system will be 
analyzed and evaluated through a management planning process, which 
will decide which roads to close and which to leave open. No new water 
impoundments will be allowed in this area. No new mining claims will be 
allowed to be filed under the 1872 mining law, and no existing claims 
will be allowed to be patented. In addition, the bill calls for the 
creation of an advisory council composed of members of the local 
community, industry, environmental groups, locally elected officials, 
the Forest Service and an appointee by the Governor. Finally, the bill 
will not allow commercial timber harvesting of any kind in the Opal 
Creek area except to prevent the spread of a forest fire or to to 
protect public health and safety. It is important to note that the 
lands covered by my legislation are not included--not included--in the 
timber base and are not open to commercial harvest today.
  The final element of the Opal Creek package, Mr. President, was an 
important part of the working group's discussions. I am referring to an 
economic development package for the Santiam Canyon, which includes the 
communities immediately adjacent to the Opal Creek area. This package 
is based, primarily, on a set of infrastructure improvements developed 
by these communities in conjunction with the State Economic Development 
Office, which are designed to improve the water quality and delivery 
systems of the communities in the area.
  I have made the first downpayment on this economic commitment package 
by including a $300,000 appropriation in the fiscal year 1996 Omnibus 
Appropriations Act to help begin the clean up of the contaminated 
Amalgamated Mill site at Jawbone Flats in Opal Creek.
  Throughout the coming fiscal year 1997 appropriations cycle, I will 
work closely with Oregon's Gov. John Kitzhaber, and my colleague on the 
House Appropriations Committee from Oregon, Jim Bunn, to further refine 
this package and provide additional funding, as needed, for the 
Amalgamated Mill cleanup and for the critical community infrastructure 
projects designed to allow these former timber communities to diversify 
their economic bases and improve their water systems.
  In short, the Opal Creek title of this bill attempts to address every 
issue raised both in the 1994 hearings on Opal Creek and in the working 
group process conducted out in Oregon. This is an issue I have worked 
on for almost 20 years. I am extremely pleased that, with this 
legislation and accompanying infrastructure development package, we 
will finally be able to address the protection of Opal Creek and the 
adjacent portions of the Little North Fork Santiam Watershed, as well 
as improvements to the water quality and delivery systems of nearby, 
timber-dependent communities.
  Mr. President, the Oregon Resources Conservation Act also contains 
two other titles. The first is a relatively noncontroversial provision 
which promulgates a land exchange in the Mt. Hood Corridor between the 
Bureau of Land Management and the Longview Fibre timber company in the 
State of Washington. Both parties are willing participants in this 
process, which seeks to protect the viewshed along the Highway 26 
corridor on the way to Mt. Hood, the highest mountain peak in my State.
  Longview Fibre owns approximately 3,500 acres of timber land in the 
scenic Mt. Hood corridor, which are interspersed with BLM lands in a 
checkerboard fashion. Longview would like to harvest these lands within 
the next 5 years, but is sensitive about the public perception 
regarding these clearcuts along such a heavily traveled route. I agree 
with Longview Fibre and feel harvesting these trees along Highway 26 
would be a disaster both for the ecological and visual characteristics 
of the resource. Longview, to their credit, has been extremely 
interested in working with local planning and environmental groups to 
identify BLM parcels elsewhere in western Oregon that could be traded 
for the Longview Fibre lands in the corridor.

  This proposal is a unique opportunity to forge ahead with a plan that 
has been built at the local level over the past 5 years and which has 
virtually unanimous support, including the local county government, 
local businesses, the timber industry, and local environmental groups.
  The third, and final, title of the Oregon Resource Conservation Act 
includes the establishment of a 5-year pilot project for two, 
consensus-based natural resource planning bodies now working in 
Oregon's Klamath and Deschutes Basins. Both of these bodies are already 
in place and have been working to provide the Federal agencies with 
recommendations about how best to prioritize spending for ecological 
restoration, economic health, and reducing drought impacts.
  I called for the creation of the Upper Klamath Basin working group in 
1995. This group is citizen-led and includes environmentalists, 
irrigators, local business leaders, locally elected officials, 
educators, the Klamath Tribes, and Federal land management agencies in 
an advisory capacity. This group was charged with developing both 
short- and long-term recommendations for restoring ecological health in 
the Klamath Basin. They were successful in developing short-term 
funding recommendations ranging from riparian and wetland restoration, 
to fish passage and the coordination of geological information systems 
in the basin. I followed through on these recommendations and was able 
to obtain either funding or direction to the pertinent agencies in the 
fiscal year 1996 appropriations process.
  The group has also developed a long-term recommendation which 
includes a formal registration of the group as a State-sanctioned 
foundation and congressional legislation enabling them to help land 
management agencies set priorities for how money is spent in the basin 
on various ecological restoration and economic stabilization projects.
  The legislation I am introducing today addresses their long-term 
recommendation by creating a 5-year pilot project to allow the Upper 
Klamath Basin Working Group-Foundation, in conjunction with the Federal 
land management agencies in the basin, to develop funding priorities 
for ecological restoration in the basin. It will provide $1 million per 
year to be spent consistent with these priorities. This money will be 
administered by the agencies and matched by an equal amount of non-
Federal dollars.

  The Deschutes Basin in central Oregon would also be allowed to 
develop a similar regime using, as its base, a group formed by the Warm 
Springs Tribes, the Environmental Defense Fund, local irrigators, and 
locally elected officials. This group has been meeting and 
collaborating on projects in the basin for several years.

[[Page S3225]]

  Recently, both of these working groups have been able to make 
significant progress in building coalitions and consensus on natural 
resource management challenges that, not too long ago, many felt were 
insurmountable. By given them more authority to temporarily assist 
Federal agencies with setting policy priorities using a finite amount 
of money, I hope we can begin to enter a new era of more local control 
and greater public input regarding resource management decisions. I 
also hope these groups, and others that may follow, will continue to 
use the consensus-based management approach to return resource 
management decisions to a collaborative, inclusive process rather than 
divisive, litigious morass in which we find ourselves today.
  Mr. President, today I had also planned on introducing a bill to 
create a 59,000-acre Coquille Forest as part of the federally-
recognized Coquille Tribes' economic self-sufficiency plan. However, 
because of a number of unresolved issues, including the apparent lack 
of agreement, understanding or consensus at the local level, I am 
withholding my introduction of this bill until after I have had an 
opportunity to gather more public input through the congressional 
hearing process. And also there is a local election that is being held 
in May concerning this issue.
  I am extremely pleased with this bill. It protects two of Oregon's 
most important natural resource areas, Opal Creek and the Mt. Hood 
Corridor, and it promotes consensus-based, watershed planning at the 
local level in the Klamath and Deschutes Basins. I have worked many 
years to protect Oregon's magnificent natural resources. I am pleased 
that in this, my last year in the Senate, I will be able to continue 
this legacy of protecting Oregon's beauty for the enjoyment and use of 
future generations.
  I look forward to speedy hearings on the Oregon Resources 
Conservation Act, of which I have been promised by the chairman of the 
committee, Senator Murkowski of Alaska. We will have that hearing later 
in the month of April.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record. This bill is ready to be sent to the House.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1662

       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 ``Oregon Resource Conservation 
     Act of 1996''.
       TITLE I--OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Opal Creek Wilderness and 
     Opal Creek Scenic Recreation Area Act of 1996''.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Bull of the woods wilderness.--The term ``Bull of the 
     Woods Wilderness'' means the land designated as wilderness by 
     section 3(4) of the Oregon Wilderness Act of 1984 (Public Law 
     98-328; 16 U.S.C. 1132 note).
       (2) Immediate family.--The term ``immediate family'' means, 
     with respect to the owner of record of land or an interest in 
     land, a spouse, sibling, child (whether natural or adopted), 
     stepchild, and any lineal descendant of the owner.
       (3) Opal creek wilderness.--The term ``Opal Creek 
     Wilderness'' means certain land in the Willamette National 
     Forest in the State of Oregon comprising approximately 13,212 
     acres, as generally depicted on the map entitled ``Proposed 
     Opal Creek Wilderness and Scenic-Recreation Area'', dated 
     March 1996.
       (4) Scenic recreation area.--The term ``Scenic Recreation 
     Area'' means the Opal Creek Scenic Recreation Area 
     established under section 103(a)(3).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 103. ESTABLISHMENT OF OPAL CREEK WILDERNESS AND SCENIC 
                   RECREATION AREA.

       (a) Establishment.--On a determination by the Secretary 
     under subsection (b)--
       (1) the Opal Creek Wilderness shall become a component of 
     the National Wilderness System and shall be known as the Opal 
     Creek Wilderness;
       (2) the part of the Bull of the Woods Wilderness that is 
     located in the Willamette National Forest shall be 
     incorporated into the Opal Creek Wilderness; and
       (3) the Secretary shall establish the Opal Creek Scenic 
     Recreation Area in the Willamette National Forest in the 
     State of Oregon, comprising approximately 13,013 acres, as 
     generally depicted on the map entitled ``Proposed Opal Creek 
     Wilderness and Scenic-Recreation Area'', dated March 1996.
       (b) Conditions.--Subsection (a) shall not take effect 
     unless the Secretary makes a determination, not later than 2 
     years after the date of enactment of this Act, that the 
     following have been donated to the United States in an 
     acceptable condition and without encumbrances:
       (1) All right, title, and interest in the following 
     patented parcels of land:
       (A) Santiam number 1, mineral survey number 992, as 
     described in patent number 39-92-0002, dated December 11, 
     1991.
       (B) Ruth Quartz Mine number 2, mineral survey number 994, 
     as described in patent number 39-91-0012, dated February 12, 
     1991.
       (C) Morning Star Lode, mineral survey number 993, as 
     described in patent number 36-91-0011, dated February 12, 
     1991.
       (D) Certain land belonging to the Times Mirror Land and 
     Timber Company located in section 18, township 8 south, range 
     5 east, Marion County, Oregon, Eureka numbers 6, 7, and 8, 
     and 13 patented mining claims.
       (2) A public easement across the Hewitt, Starvation, and 
     Poor Boy Mill Sites, mineral survey number 990, as described 
     in patent number 36-91-0017, dated May 9, 1991, or any 
     alternative route for the easement that may be available.
       (c) Expansion of Scenic Recreation Area Boundaries.--On 
     acquiring all or substantially all of the land located in 
     section 36, township 8 south, range 4 east, of the Willamette 
     Meridian, Marion County, Oregon, by exchange, purchase, or 
     donation, the Secretary shall expand the boundary of the 
     Scenic Recreation Area to include the land.

     SEC. 104. ADMINISTRATION OF THE SCENIC RECREATION AREA.

       (a) In General.--The Secretary shall administer the Scenic 
     Recreation Area in accordance with the laws (including 
     regulations) applicable to the National Forest System.
       (b) Management plan.--
       (1) In general.--Not later than 2 years after the date of 
     establishment of the Scenic Recreation Area, the Secretary, 
     in consultation with the advisory committee established under 
     section 105(a), shall prepare a comprehensive management plan 
     for the Scenic Recreation Area.
       (2) Incorporation in land and resource management plan.--On 
     completion of the management plan, the management plan shall 
     become part of the land and resource management plan for the 
     Willamette National Forest and supersede any conflicting 
     provision in the land and resource management plan.
       (3) Requirements.--The management plan shall provide a 
     broad range of land uses, including--
       (A) recreation;
       (B) harvesting of nontraditional forest products, such as 
     gathering mushrooms and material to make baskets; and
       (C) educational and research opportunities.
       (4) Plan amendments.--The Secretary may amend the 
     management plan as the Secretary may determine to be 
     necessary.
       (c) Cultural and Historic Resource Inventory.--
       (1) In general.--Not later than 1 year after the date of 
     establishment of the Scenic Recreation Area, the Secretary 
     shall review and revise the inventory of the cultural and 
     historic resources on the public land in the Scenic 
     Recreation Area that were developed pursuant to the Oregon 
     Wilderness Act of 1984 (Public Law 98-328; 98 Stat. 272).
       (2) Interpretation.--Interpretive activities shall be 
     developed under the management plan in consultation with 
     State and local historic preservation organizations and shall 
     include a balanced and factually-based interpretation of the 
     cultural, ecological, and industrial history of forestry and 
     mining in the Scenic Recreation Area.
       (d) Transportation planning.--
       (1) In general.--To maintain access to recreation sites and 
     facilities in existence on the date of enactment of this Act, 
     the Secretary shall prepare a transportation plan for the 
     Scenic Recreation Area that evaluates the road network within 
     the Scenic Recreation Area to determine which roads should be 
     retained and which roads closed.
       (2) Access by persons with disabilities.--The Secretary, in 
     consultation with private inholders in the Scenic Recreation 
     Area, shall consider the access needs of persons with 
     disabilities in preparing the transportation plan for the 
     Scenic Recreation Area.
       (3) Motor vehicles.--
       (A) In general.--Except as provided in subparagraph (B) and 
     in the transportation plan under paragraph (1), motorized 
     vehicles shall not be permitted in the Scenic Recreation 
     Area.
       (B) Exception.--Forest road 3209 beyond the gate to the 
     Scenic Recreation Area, as depicted on the map described in 
     section 103(a)(3), may be used by motorized vehicles for 
     administrative purposes and for access to a private 
     inholding, subject to such terms and conditions as the 
     Secretary may determine to be necessary.
       (4) Road improvement.--Any construction or improvement of 
     forest road 3209 beyond the gate to the Scenic Recreation 
     Area may not include paving or any work beyond 50 feet from 
     the centerline of the road.
       (e) Hunting and fishing.--
       (1) In general.--Subject to other Federal and State law, 
     the Secretary shall permit hunting and fishing in the Scenic 
     Recreation Area.
       (2) Limitation.--The Secretary may designate zones in 
     which, and establish periods

[[Page S3226]]

     when, no hunting or fishing shall be permitted for reasons of 
     public safety, administration, or public use and enjoyment.
       (3) Consultation.--Except during an emergency, as 
     determined by the Secretary, the Secretary shall consult with 
     the Oregon State Department of Fish and Wildlife before 
     issuing any regulation under this section.
       (f) Timber Cutting.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall prohibit the cutting of trees in the Scenic Recreation 
     Area.
       (2) Permitted cutting.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     may allow the cutting of trees in the Scenic Recreation 
     Area--
       (i) for public safety, such as to control the spread of a 
     forest fire in the Scenic Recreation Area or on land adjacent 
     to the Scenic Recreation Area; or
       (ii) for activities related to administration of the Scenic 
     Recreation Area.
       (B) Salvage sales.--The Secretary may not allow a salvage 
     sale in the Scenic Recreation Area.
       (g) Withdrawal.--Subject to rights perfected before the 
     date of enactment of this Act, all land in the Scenic 
     Recreation Area are withdrawn from--
       (1) any form of entry, appropriation, or disposal under the 
     public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under the mineral and geothermal leasing 
     laws.
       (h) Water impoundments.--Notwithstanding the Federal Power 
     Act (16 U.S.C. 791a et seq.), the Federal Energy Regulatory 
     Commission may not license the construction of any dam, water 
     conduit, reservoir, powerhouse, transmission line, or other 
     project work in the Scenic Recreation Area.
       (i) Recreation.--
       (1) Recognition.--Congress recognizes recreation as an 
     appropriate use of the Scenic Recreation Area.
       (2) Minimum levels.--The management plan shall accommodate 
     recreation at not less than the levels in existence on the 
     date of enactment of this Act.
       (3) Higher levels.--The management plan may provide for 
     levels of recreation use higher than the levels in existence 
     on the date of enactment of this Act if the levels are 
     consistent with the protection of resource values.
       (j) Participation.--In order that the knowledge, expertise, 
     and views of all agencies and groups may contribute 
     affirmatively to the most sensitive present and future use of 
     the Scenic Recreation Area and its various subareas for the 
     benefit of the public:
       (1) Advisory council.--The Secretary shall consult on a 
     periodic and regular basis with the advisory council 
     established under section 105 with respect to matters 
     relating to management of the Scenic Recreation Area.
       (2) Public participation.--The Secretary shall seek the 
     views of private groups, individuals, and the public 
     concerning the Scenic Recreation Area.
       (3) Other agencies.--The Secretary shall seek the views and 
     assistance of, and cooperate with, any other Federal, State, 
     or local agency with any responsibility for the zoning, 
     planning, or natural resources of the Scenic Recreation Area.
       (4) Nonprofit agencies and organizations.--The Secretary 
     shall seek the views of any nonprofit agency or organization 
     that may contribute information or expertise about the 
     resources and the management of the Scenic Recreation Area.

     SEC. 105. ADVISORY COUNCIL.

       (a) Establishment.--On the establishment of the Scenic 
     Recreation Area, the Secretary shall establish an advisory 
     council for the Scenic Recreation Area.
       (b) Membership.--The advisory council shall consist of not 
     more than 11 members, of whom--
       (1) 1 member shall represent Marion County, Oregon, and 
     shall be designated by the governing body of the county;
       (2) 1 member shall represent the State of Oregon and shall 
     be designated by the Governor of Oregon; and
       (3) not more than 8 members shall be appointed by the 
     Secretary from among persons who, individually or through 
     association with a national or local organization, have an 
     interest in the administration of the Scenic Recreation Area, 
     including representatives of the timber industry, 
     environmental organizations, and economic development 
     interests.
       (c) Staggered Terms.--Members of the advisory council shall 
     serve for staggered terms of 3 years.
       (d) Chairman.--The Secretary shall designate 1 member of 
     the advisory council as chairman.
       (e) Vacancies.--The Secretary shall fill a vacancy on the 
     advisory council in the same manner as the original 
     appointment.
       (f) Compensation.--A member of the advisory council shall 
     not receive any compensation for the member's service to the 
     advisory council.

     SEC. 106. GENERAL PROVISIONS.

       (a) Land acquisition.--
       (1) In general.--Subject to the other provisions of this 
     subsection, the Secretary may acquire any lands, waters, or 
     interests in land or water in the Scenic Recreation Area or 
     the Opal Creek Wilderness that the Secretary determines are 
     needed to carry out this title.
       (2) Public land.--Any lands, waters, or interests in land 
     or water owned by a State or a political subdivision of a 
     State may be acquired only by donation or exchange.
       (3) Condemnation.--Subject to paragraph (4), the Secretary 
     may not acquire any privately owned land or interest in land 
     without the consent of the owner unless the Secretary finds 
     that--
       (A) the nature of land use has changed significantly, or 
     the landowner has demonstrated intent to change the land use 
     significantly, from the use that existed on the date of the 
     enactment of this Act; and
       (B) acquisition by the Secretary of the land or interest in 
     land is essential to ensure use of the land or interest in 
     land in accordance with the management plan prepared under 
     section 104(b).
       (4) Right of first refusal.--
       (A) In general.--The following privately owned lands, 
     interests in land, and structures may not be disposed of by 
     donation, exchange, sale, or other conveyance without first 
     being offered at not more than fair market value to the 
     Secretary:
       (i) The lode mining claims known as the Princess Lode, 
     Black Prince Lode, and King Number 4 Lode, embracing portions 
     of sections 29 and 32, township 8 south, range 5 east, 
     Willamette Meridian, Marion County, Oregon, the claims being 
     more particularly described in the field notes and depicted 
     on the plat of mineral survey number 887, Oregon.
       (ii) Ruth Quartz Mine Number 1, mineral survey number 994, 
     as described in patent number 39-91-0012, dated February 12, 
     1991.
       (B) Acceptance period.--The Secretary shall have not less 
     than 120 days in which to accept an offer under subparagraph 
     (A).
       (C) Acquisition.--The Secretary shall have not less than 45 
     days after the end of the fiscal year following the fiscal 
     year in which an offer was accepted under subparagraph (B) to 
     acquire the land, interest in land, or structure offered 
     under subparagraph (A).
       (D) Prohibition of cheaper sales.--Any land, interest in 
     land, or structure offered to the Secretary under 
     subparagraph (A) may not be sold or conveyed at a price below 
     the price at which the land, interest in land, or structure 
     was offered.
       (E) Reoffer.--
       (i) In general.--Subject to clause (ii), any land, interest 
     in land, or structure offered to the Secretary under 
     subparagraph (A) may not be reoffered for sale or conveyance 
     unless the land, interest in land, or structure is first 
     reoffered to the Secretary.
       (ii) Immediate family.--Clause (i) shall not apply to a 
     change in ownership of land, an interest in land, or a 
     structure within the immediate family of the owner of record 
     on January 1, 1996.
       (F) Proceeds.--The proceeds of any sale to the Secretary 
     under this paragraph may be used only for--
       (i) trail, road, and bridge maintenance;
       (ii) elementary, secondary, undergraduate and graduate 
     level interpretive, research, and educational programs and 
     activities, such as public school field study programs, 
     laboratory studies, workshops, and seminars; and
       (iii) construction of visitor facilities, such as 
     restrooms, information kiosks, and trail signage.
       (b) Environmental response actions and cost recovery.--
       (1) Response actions.--Nothing in this title shall limit 
     the authority of the Secretary or a responsible party to 
     conduct an environmental response action in the Scenic 
     Recreation Area in connection with the release, threatened 
     release, or cleanup of a hazardous substance, pollutant, or 
     contaminant, including a response action conducted under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.).
       (2) Liability.--Nothing in this title shall limit the 
     authority of the Secretary or a responsible party to recover 
     costs related to the release, threatened release, or cleanup 
     of any hazardous substance or pollutant or contaminant in the 
     Scenic Recreation Area.
       (c) Maps and description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and a 
     boundary description for the Opal Creek Wilderness and for 
     the Scenic Recreation Area with the Committee on Resources of 
     the House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate.
       (2) Force and effect.--The boundary description and map 
     shall have the same force and effect as if the description 
     and map were included in this title, except that the 
     Secretary may correct clerical and typographical errors in 
     the boundary description and map.
       (3) Availability.--The map and boundary description shall 
     be on file and available for public inspection in the Office 
     of the Chief of the Forest Service, Department of 
     Agriculture.

     SEC. 107. DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC 
                   RIVER.

       Section 3(a) of the Wild and Scenic Recreation Rivers Act 
     (16 U.S.C. 1274(a)) is amended by adding at the end the 
     following:
       ``(  ) Elkhorn Creek.--Elkhorn Creek from its source to its 
     confluence on Federal land, to be administered by agencies of 
     the Departments of the Interior and Agriculture as agreed on 
     by the Secretary of the Interior and the Secretary of 
     Agriculture or as directed by the President. Notwithstanding 
     subsection (b), the boundaries of the Elkhorn River shall 
     include an average of not more than 640 acres per mile 
     measured from the

[[Page S3227]]

     ordinary high water mark on both sides of the river.''.

     SEC. 108. SAVINGS CLAUSE.

       Nothing in this title shall--
       (1) interfere with any activity for which a special use 
     permit has been issued (and not revoked) before the date of 
     enactment of this Act, subject to the terms of the permit; or
       (2) otherwise abridge the valid existing rights of an 
     unpatented mining claimant under the general mining laws of 
     the United States.
                     TITLE II--UPPER KLAMATH BASIN

     SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION 
                   PROJECTS.

       (a) Definitions.--In this section:
       (1) Ecosystem restoration office.--The term ``Ecosystem 
     Restoration Office'' means the Klamath Basin Ecosystem 
     Restoration Office operated cooperatively by the United 
     States Fish and Wildlife Service, Bureau of Reclamation, 
     Bureau of Land Management, and Forest Service.
       (2) Working group.--The term ``Working Group'' means the 
     Upper Klamath Basin Working Group, established before the 
     date of enactment of this Act, consisting of representatives 
     of the environmental community, Klamath Tribes, water users, 
     local industry, Klamath County, Oregon, the Department of 
     Fish and Wildlife of the State of Oregon, the Oregon 
     Institute of Technology, the city of Klamath Falls, Oregon, 
     and the United States Fish and Wildlife Service, Bureau of 
     Reclamation, Bureau of Land Management, Forest Service, 
     Natural Resources Conservation Service, and Ecosystem 
     Restoration Office.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Cooperative Agreement.--
       (1) In general.--The Secretary shall enter into a 
     cooperative agreement with the Working Group under which--
       (A) the Working Group through the Ecosystem Restoration 
     Office, with technical assistance from the Secretary, will 
     propose ecological restoration projects to be undertaken in 
     the Upper Klamath Basin based on a consensus of interested 
     persons in the community;
       (B) the Working Group will accept donations from the public 
     and place the amount of any donations received in a trust 
     fund, to be expended on the performance of ecological 
     restoration projects approved by the Secretary;
       (C) on continued satisfaction of the condition stated in 
     subsection (c), the Secretary shall pay not more than 50 
     percent of the cost of performing any ecological restoration 
     project approved by the Secretary, up to a total amount of 
     $1,000,000 during each of fiscal years 1997 through 2001;
       (D) funds made available under this title shall be 
     distributed by the Department of the Interior, the Fish and 
     Wildlife Service, and the Ecosystem Restoration Office;
       (E) the Ecosystem Restoration Office may utilize not more 
     than 15 percent of all funds administered under this section 
     for administrative costs relating to the implementation of 
     this title; and
       (F) Federal agencies located in the Upper Klamath Basin, 
     including the Fish and Wildlife Service, Bureau of 
     Reclamation, National Park Service, Forest Service, Natural 
     Resources Conservation Service, and Ecosystem Restoration 
     Office shall provide technical assistance to the Working 
     Group and actively participate in Working Group meetings as 
     nonvoting members.
       (c) Conditions.--The conditions stated in this subsection 
     are--
       (1) that the representatives and interested persons on the 
     Working Group on the date of enactment of this Act continue 
     to serve, and in the future consist of not less than--
       (A) 3 tribal members;
       (B) 2 representatives of the city of Klamath Falls, Oregon;
       (C) 2 representatives of Klamath County, Oregon;
       (D) 1 representative of institutions of higher education in 
     the Upper Klamath Basin;
       (E) 4 representatives of the environmental community;
       (F) 4 representatives of local businesses and industries;
       (G) 4 representatives of the ranching and farming 
     community;
       (H) 2 representatives of the State of Oregon; and
       (I) 2 representatives from the local community; and
       (2) that the Working Group conduct all meetings consistent 
     with Federal open meeting and public participation laws.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each of fiscal years 1997 through 2002.

     SEC. 202. DESCHUTES BASIN RESTORATION PROJECTS.

       There is hereby authorized the Deschutes Basin Working 
     Group to be constituted in the same manner, with the same 
     membership, provided with the same appropriations and 
     provided with the same ability to offer recommendations to 
     Federal agencies regarding the expenditure of funds as the 
     Klamath Basin Group.
                     TITLE III--MOUNT HOOD CORRIDOR

     SEC. 301. LAND EXCHANGE.

       (a) Authorization.--Notwithstanding any other law, if 
     Longview Fibre Company (referred to in this section as 
     ``Longview'') offers and conveys title that is acceptable to 
     the United States to the land described in subsection (b), 
     the Secretary of the Interior (referred to in this section as 
     the ``Secretary'') shall convey to Longview title to some or 
     all of the land described in subsection (c), as necessary to 
     satisfy the requirements of subsection (d).
       (b) Land To Be Offered by Longview.--The land referred to 
     in subsection (a) as the land to be offered by Longview is 
     the land described as follows:
       (1) T. 2 S., R. 6 E., sec. 13--E\1/2\SW\1/4\, W\1/2\SE\1/
     4\, containing 160 record acres, more or less;
       (2) T. 2 S., R. 6 E., sec. 14--All, containing 640 record 
     acres, more or less;
       (3) T. 2 S., R. 6 E., sec. 16--N\1/2\, SW\1/2\, N\1/2\SE\1/
     4\, SW\1/4\SE\1/2\, containing 600 record acres, more or 
     less;
       (4) T. 2 S., R. 6 E., sec. 26--NW\1/4\, N\1/2\SW\1/4\, 
     SW\1/4\SW\1/4\, NW\1/4\SE\1/4\; (and a strip of land to be 
     used for right-of-way purposes in sec. 23), containing 320 
     record acres, more or less;
       (5) T. 2 S., R. 6 E., sec. 27--S\1/2\NE\1/4\NE\1/4\, NW\1/
     4\NE\1/4\, SE\1/4\NE\1/4\, NW\1/4\NW\1/4\, containing 140 
     record acres, more or less;
       (6) T. 2 S., R. 6 E., sec. 28--N\1/2\, Except a tract of 
     land 100 feet square bordering and lying west of Wild Cat 
     Creek and bordering on the north line of Sec. 28, described 
     as follows: Beginning at a point on the west bank of Wild Cat 
     Creek and the north boundary of sec. 28, running thence W. 
     100 feet, thence S. 100 feet parallel with the west bank of 
     Wild Cat Creek, thence E. to the west bank of Wild Cat Creek, 
     thence N. along said bank of Wild Cat Creek to the point of 
     beginning, containing 319.77 record acres, more or less;
       (7) T. 2 S., R. 7 E., sec. 19--E\1/2\SW\1/4\, SW\1/4\SE\1/
     4\, Except a tract of land described in deed recorded on 
     August 6, 1991, as Recorder's Fee No. 91-39007, and except 
     the portion lying within public roads, containing 117.50 
     record acres, more or less;
       (8) T. 2 S., R. 7 E., sec. 20--S\1/2\SW\1/4\SW\1/4\, 
     containing 20 record acres, more or less;
       (9) T. 2 S., R. 7 E., sec. 27--W\1/2\SW\1/4\, containing 80 
     record acres, more or less;
       (10) T. 2 S., R. 7 E., sec. 28--S\1/2\, containing 320 
     record acres, more or less;
       (11) T. 2 S., R. 7 E., sec. 29--SW\1/4\NE\1/4\, W\1/2\SE\1/
     4\NE\1/4\, NW\1/4\, SE\1/4\, containing 380 record acres, 
     more or less;
       (12) T. 2 S., R. 7 E., sec. 30--E\1/2\NE\1/4\,  NW\1/
     2\NE\1/4\, Except the portion lying within Timberline Rim 
     Division 4, and except the portion lying within the county 
     road, containing 115 record acres, more or less;
       (13) T. 2 S., R. 7 E., sec. 33--N\1/2\NE\1/4\, E\1/2\NW\1/
     4\NW\1/4\, NE\1/4\SW\1/4\NW\1/4\, containing 110 record 
     acres, more or less;
       (14) T. 3 S., R. 5 E., sec. 13--NE\1/4\SE\1/4\, containing 
     40 record acres, more or less;
       (15) T. 3 S., R. 5 E., sec. 25--The portion of the E\1/
     2\NE\1/4\ lying southerly of Eagle Creek and northeasterly of 
     South Fork Eagle Creek, containing 14 record acres, more or 
     less;
       (16) T. 3 S., R. 5 E., sec. 26--The portion of the N\1/
     2\SW\1/4\ lying northeasterly of South Fork Eagle Creek, 
     containing 36 record acres, more or less; and
       (17) T. 6 S., R. 2 E., sec. 4--SW\1/4\, containing 160.00 
     record acres, more or less.
       (c) Land To Be Conveyed by the Secretary.--The land 
     referred to in subsection (a) as the land to be conveyed by 
     the Secretary is the land described as follows:
       (1) T. 1 S., R. 5 E., sec. 9--SE\1/4\NE\1/4\, SE\1/4\SE\1/
     4\, containing 80 record acres, more or less;
       (2) T. 2 S., R. 5 E., sec. 33--NE\1/4\NE\1/4\, containing 
     40 record acres, more or less;
       (3) T. 2\1/2\ S., R. 6 E., sec. 31--Lots 1-4, incl. 
     containing 50.65 record acres, more or less;
       (4) T. 2\1/2\ S., R. 6 E., sec. 32--Lots 1-4, incl. 
     containing 60.25 record acres, more or less;
       (5) T. 3 S., R. 5 E., sec. 1--NE\1/4\SW\1/4\, SE\1/4\, 
     containing 200 record acres, more or less;
       (6) T. 3 S., R. 5 E., sec. 9--S\1/2\SE\1/4\, containing 80 
     record acres, more or less;
       (7) T. 3 S., R. 5 E., sec. 17--N\1/2\NE\1/4\, containing 80 
     record acres, more or less;
       (8) T. 3 S., R. 5 E., sec. 23--W\1/2\NW\1/4\, NW\1/4\SW\1/
     4\, containing 120 record acres, more or less;
       (9) T. 3 S., R. 5 E., sec. 25--The portion of the S\1/
     2\S\1/2\ lying southwesterly of South Fork Eagle Creek, 
     containing 125 record acres, more or less;
       (10) T. 3 S., R. 5 E., sec. 31--Unnumbered lot (SW\1/
     4\SW\1/4\), containing 40.33 record acres, more or less;
       (11) T. 7 S., R. 1 E., sec. 23--SE\1/4\SE\1/4\, containing 
     40 record acres, more or less;
       (12) T. 10 S., R. 2 E., sec. 34--SW\1/4\SW\1/4\, containing 
     40 record acres, more or less;
       (13) T. 10 S., R. 4 E., sec. 9--NW\1/4\NW\1/4\, containing 
     40 record acres, more or less;
       (14) T. 10 S., R. 4 E., sec. 21--E\1/2\SW\1/4\, containing 
     80 record acres, more or less;
       (15) T. 4 N., R. 3 W., sec. 35--W\1/2\SW\1/4\, containing 
     80 record acres, more or less;
       (16) T. 3 N., R. 3 W., sec. 7--E\1/2\NE\1/4\, containing 80 
     record acres, more or less;
       (17) T. 3 N., R. 3 W., sec. 9--NE\1/4\NE\1/4\, containing 
     40 record acres, more or less;
       (18) T. 3 N., R. 3 W., sec. 17--S\1/2\NE\1/4\, containing 
     80 record acres, more or less; and
       (19) T. 3 N., R. 3 W., sec. 21--Lot 1, N\1/2\NW\1/4\, SW\1/
     4\NW\1/4\, containing 157.99 record acres, more or less.
       (d) Equal Value.--The land and interests in land exchanged 
     under this section--
       (1) shall be of equal market value; or
       (2) shall be equalized using nationally recognized 
     appraisal standards, including, to the extent appropriate, 
     the Uniform Standards for Federal Land Acquisition, the 
     Uniform Standards of Professional Appraisal Practice, the 
     provisions of section 206(d) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1716(d)), and other 
     applicable law.

[[Page S3228]]

       (e) Redesignation of Land To Maintain Revenue Flow.--So as 
     to maintain the current flow of revenue from land subject to 
     the Act entitled ``An Act relating to the revested Oregon and 
     California Railroad and reconveyed Coos Bay Wagon Road grant 
     land situated in the state of Oregon'', approved August 28, 
     1937 (43 U.S.C. 1181a et seq.), the Secretary may redesignate 
     public domain land located in and west of Range 9 East, 
     Willamette Meridian, Oregon, as land subject to that Act.
       (f) Timetable.--The exchange directed by this section shall 
     be consummated not later than 2 years after the date of 
     enactment of this Act.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
          TITLE IV--COQUILLE FOREST ECOSYSTEM MANAGEMENT PLAN
       [To be supplied.]
                                 ______