[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9649-S9660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




OREGON RESOURCE CONSERVATION ACT OF 1996 OPAL CREEK WILDERNESS AND OPAL 
                CREEK SCENIC RECREATION AREA ACT OF 1996

  Mr. HATFIELD. Mr. President, I ask unanimous consent to bring up S. 
1662, which has been cleared on both sides.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1662) to establish areas of wilderness and 
     recreation in the State of Oregon, and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

     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) Opal creek wilderness.--The term ``Opal Creek 
     Wilderness'' means certain land in the Willamette National 
     Forest in the State of Oregon comprising approximately 12,800 
     acres, as generally depicted on the map entitled ``Proposed 
     Opal Creek Wilderness and Scenic Recreation Area'', dated 
     June 1996.
       (3) Scenic recreation area.--The term ``Scenic Recreation 
     Area'' means the Opal Creek Scenic Recreation Area, 
     comprising approximately 13,000 acres, established under 
     section 103(a)(3).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (5) Counties.--The term ``counties'' means Marion and 
     Clackamas Counties in the State of Oregon.

     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, as depicted on the map 
     described in section 102(2), is hereby designated as 
     wilderness, subject to the Wilderness Act of 1964, 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 13,000 acres, as 
     generally depicted on the map entitled ``Proposed Opal Creek 
     Wilderness and Scenic Recreation Area'', dated June 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:
       (1) the following have been donated to the United States in 
     an acceptable condition and without encumbrances:
       (A) All right, title, and interest in the following 
     patented parcels of land:
       (i) Santiam number 1, mineral survey number 992, as 
     described in patent number 39-92-0002, dated December 11, 
     1991.
       (ii) Ruth Quartz Mine number 2, mineral survey number 994, 
     as described in patent number 39-91-0012, dated February 12, 
     1991.
       (iii) Morning Star Lode, mineral survey number 993, as 
     described in patent number 36-91-0011, dated February 12, 
     1991.
       (B) all right, title, and interest held by any entity other 
     than the Times Mirror Land and Timber Company, its successors 
     and assigns, in and to lands located in section 18, township 
     8 south, range 5 east, Marion County, Oregon, Eureka numbers 
     6, 7, and 8, and 13 mining claims.
       (C) 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.
       (2) a binding agreement has been executed by the Secretary 
     and the owners of record as of March 29, 1996, of the 
     following parcels, specifying the terms and conditions for 
     the disposition of these parcels to the United States 
     Government:
       (A) The lode mining claims known as 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.
       (B) Ruth Quartz Mine Number 1, mineral survey number 994, 
     as described in patent number 39-91-0012, dated February 12, 
     1991.
       (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 on a 
     willing seller basis, 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) Opal Creek 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 Opal Creek 
     Management Plan for the Scenic Recreation Area.
       (2) Incorporation in land and resource management plan.--On 
     completion of the Opal Creek Management Plan, the Opal Creek 
     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 Opal Creek 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 Opal 
     Creek Management Plan as the Secretary may determine to be 
     necessary, consistent with the procedures and purposes of 
     this title.
       (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 
     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 2209 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 only 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 2209 beyond the gate to the Scenic Recreation 
     Area shall be only for the purpose of maintaining the 
     character of the road at the time of enactment and may not 
     include paving or widening.
       (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 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 and/or selling 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 
     only--

[[Page S9650]]

       (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;
       (ii) for activities related to administration of the Scenic 
     Recreation Area, consistent with the Opal Creek Management 
     Plan; or
       (iii) for removal of hazard trees along trails and 
     roadways.
       (B) Salvage sales.--The Secretary may not allow a salvage 
     sale in the Scenic Recreation Area.
       (g) Withdrawal.
       (1) Subject to valid existing rights, all lands in the 
     Scenic Recreation Area are withdrawn from--
       (A) any form of entry, appropriation, or disposal under the 
     public land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) disposition under the mineral and geothermal leasing 
     laws.
       (h) Bornite Project.
       (1) Nothing in this title shall be construed to interfere 
     with or approve any exploration, mining, or mining-related 
     activity in the Bornite Project Area conducted in accordance 
     with applicable laws. The Bornite Project Area is depicted on 
     the map described in section 103(a)(3).
       (2) Nothing in this title shall be construed to interfere 
     with the ability of the Secretary to approve and issue 
     special use permits in connection with exploration, mining, 
     and mining-related activities in the Bornite Project Area.
       (3) Motorized vehicles, roads, structures, and utilities 
     (including but not limited to power lines and water lines) 
     shall be allowed inside the Scenic Recreation Area to serve 
     the activities conducted on land within the Bornite Project.
       (4) After the date of enactment of this title, no patent 
     shall be issued for any mining claim under the general mining 
     laws located within the Bornite Project Area.
       (i) 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, except as may be 
     necessary to comply with (h).
       (j) 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.
       (k) 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 13 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 Clackamas County, Oregon and 
     shall be designated by the governing body of the county;
       (3) 1 member shall represent the State of Oregon and shall 
     be designated by the Governor of Oregon; and
       (4) 1 member each from the City of Salem and a city within 
     a 25 mile radius of the Opal Creek Scenic Recreation Area.
       (5) 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, but not limited to, representatives of the timber 
     industry, environmental organizations, the mining industry, 
     inholders in the wilderness and scenic recreation area, and 
     economic development interests and Indian Tribes.
       (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 or interests 
     in land 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 or interests in land 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).
       (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.
       (d) Nothing in this title shall interfere with any activity 
     for which a special use permit has been issued and not 
     revoked before the date of enactment of this title, subject 
     to the terms of the permit.

     SEC. 107. ROSBORO LAND EXCHANGE.

       (a) Authorization.--Notwithstanding any other law, if the 
     Rosboro Lumber Company (referred to in this section as 
     ``Rosboro'') offers and conveys title to the United States 
     acceptable to the Secretary of Agriculture to the land 
     described in subsection (b), all right, title and interest 
     held by the United States to sufficient lands described in 
     subsection (c) of equivalent equal value are conveyed by 
     operation of law to Rosboro.
       (b) Land To Be Offered by Rosboro.--The land referred to in 
     subsection (a) as the land to be offered by Rosboro is the 
     land described as follows: Section 36, township 8 south, 
     range 4 east, Willamette Meridian.
       (c) Land To Be Conveyed by the United States.--The land 
     referred to in subsection (a) as the land to be conveyed by 
     the United States is the land described as follows:
       (1) Section 2, township 17 south, range 4 east, lot 3 
     (29.28 acres).
       (2) Section 2, township 17 south, range 4 east, NW\1/4\, 
     SE\1/4\ (40 acres).
       (3) Section 13, township 17 south, range 4 east, S\1/2\, 
     SE\1/4\ (80 acres).
       (4) Section 2, township 17 south, range 4 east, SW\1/4\, 
     SW\1/4\ (40 acres).
       (5) Section 8, township 17 south, range 4 east, SE\1/4\, 
     SW\1/4\ (40 acres).
       (6) Section 5, township 17 south, range 4 east, lot 7 
     (37.63 acres).
       (7) Section 11, township 17 south, range 4 east, W\1/2\, 
     NW\1/4\ (80 acres).
       (d) The values of lands to be exchanged pursuant to this 
     subsection shall be equal as determined by the Secretary of 
     Agriculture, or if they are not equal, shall be equalized by 
     additional lands or by the payment of money to Rosboro or to 
     the Secretary subject to the 25 per centum cash equalization 
     limitation of section 206 of the Federal Land Policy and 
     Management Act of 1976, as amended (43 U.S.C. 1716).
       (e) Timetable.--The authority provided by this section 
     shall lapse if Rosboro fails to offer the land described in 
     subsection (b) within two years after the date of enactment 
     of this Act. If Rosboro does offer the land described in 
     subsection (b) within such two-year period, the Secretary 
     shall within 180 days convey the land described in subsection 
     (c) to Rosboro.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 108. DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC 
                   RIVER.

       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:
       ``(  )(A) 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

[[Page S9651]]

     on by the Secretary of the Interior and the Secretary of 
     Agriculture or as directed by the President. Notwithstanding 
     subsection 3(b), the lateral boundaries of the Elkhorn River 
     shall include an average of not more than 640 acres per mile 
     measured from the ordinary high water mark on both sides of 
     the river.
       ``(B) The 6.4-mile segment traversing federally 
     administered lands from that point along the Willamette 
     National Forest boundary on the common section line between 
     sections 12 and 13, township 9 south, range 4 east, 
     Willamette Meridian, to that point where it leaves Federal 
     ownership along the Bureau of Land Management boundary in 
     section 1, township 9 south, range 3 east, Willamette 
     Meridian, in the following classes:
       ``(i) a 5.8-mile wild river area, extended from that point 
     along the Willamette National Forest boundary on the common 
     section line between sections 12 and 13, township 9 south, 
     range 4 east, Willamette Meridian, to be administered as 
     agreed on by the Secretaries of Agriculture and the Interior, 
     or as directed by the President; and
       ``(ii) a 0.6-mile scenic river area, extending from the 
     confluence with Buck Creek in section 1, township 9 south, 
     range 3 east, Willamette Meridian, to that point where it 
     leaves Federal ownership along the Bureau of Land Management 
     boundary in section 1, township 9 south, range 3 east, 
     Willamette Meridian, to be administered by the Secretary of 
     the Interior, or as directed by the President.
       ``(C) Notwithstanding section 3(b) of this Act, the lateral 
     boundaries of both the wild river area and the scenic river 
     area along Elkhorn Creek shall include an average of not more 
     than 640 acres per mile measured from the ordinary high water 
     mark on both sides of the river.''.

     SEC. 109. ECONOMIC DEVELOPMENT.

       (a) Economic Development Plan.--As a condition for 
     receiving funding under subsection (b) of this section, the 
     State of Oregon, in consultation with the counties and the 
     Secretary of Agriculture, shall develop a plan for economic 
     development projects for which grants under this section may 
     be used in a manner consistent with this Act and to benefit 
     local communities in the vicinity of the Opal Creek Area. 
     Such plan shall be based on a formal economic opportunity 
     study and other appropriate information.
       (b) Funds Provided to the States for Grants.--Upon 
     certification of the management plan, and receipt of a plan 
     referred to in subsection (a) of this section, the Secretary 
     shall provide $15,000,000, subject to appropriations, to the 
     State of Oregon which shall be used to make grants and loans 
     for economic development projects that further the purposes 
     of this Act and benefit the local communities in the vicinity 
     of the Opal Creek Area.
       (c) Report.--The State of Oregon shall--
       (1) prepare and provide the Secretary and Congress with an 
     annual report to the Secretary and Congress on the use of the 
     funds made available under this section;
       (2) make available to the Secretary and to Congress, upon 
     request, all accounts, financial records, and other 
     information related to grants and loans made available 
     pursuant to this section; and
       (3) as loans are repaid, make additional grants and loans 
     with the money made available for obligation by such 
     repayments.
                     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 members 
     nominated by their represented groups, including:
       (A) 3 tribal members;
       (B) 1 representative of the city of Klamath Falls, Oregon;
       (C) 1 representative of Klamath County, Oregon;
       (D) 1 representative of institutions of higher education in 
     the Upper Klamath Basin;
       (E) 4 representatives of the environmental community, 
     including at least one such representative from the State of 
     California with interests in the Upper Klamath Basin Wildlife 
     Refuges;
       (F) 4 representatives of local businesses and industries, 
     including at least one representative of the ocean commercial 
     fishing industry and/or recreational fishing industry based 
     in either Oregon or California;
       (G) 4 representatives of the ranching and farming 
     community, including representatives of Federal lease-land 
     farmers and ranchers and of private land farmers and ranchers 
     in the Upper Klamath Basin;
       (H) 2 representatives from State of Oregon agencies with 
     authority and responsibility in the Klamath River Basin, 
     including one from the Oregon Department of Fish and Wildlife 
     and one from the Oregon Water Resources Department;
       (I) 4 representatives from the local community; and
       (J) 1 representative each from the following Federal 
     resource management agencies in the Upper Klamath Basin: Fish 
     and Wildlife Service, Bureau of Reclamation, Bureau of Land 
     Management, Bureau of Indian Affairs, Forest Service, Natural 
     Resources Conservation Service, and Ecosystem Restoration 
     Office.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Task force.--The term ``Task Force'' means the Klamath 
     River Basin Fisheries Task Force as established by the 
     Klamath River Basin Fishery Resource Restoration Act (Public 
     Law 99-552, 16 U.S.C. 460ss-3, et seq.).
       (5) Compact commission.--The term ``Compact Commission'' 
     means the Klamath River Basin Compact Commission created 
     pursuant to the Klamath River Compact Act of 1954.
       (6) Consensus.--The term ``consensus'' means a unanimous 
     agreement by the Working Group members present at a regularly 
     scheduled business meeting.
       (b) In general.--
       (1) The working Group through the Ecosystem Restoration 
     Office, with technical assistance from the Secretary, will 
     propose ecological restoration projects, economic development 
     and stability projects, and projects designed to reduce the 
     impacts of drought conditions to be undertaken in the Upper 
     Klamath Basin based on a consensus of the Working Group 
     membership.
       (2) The Secretary shall pay, to the greatest extent 
     feasible, up to 50 percent of the cost of performing any 
     project approved by the Secretary or his designee, up to a 
     total amount of $1,000,000 during each of fiscal years 1997 
     through 2001.
       (3) Funds made available under this title through the 
     Department of the Interior or the Department of Agriculture 
     shall be distributed through the Ecosystem Restoration 
     Office.
       (4) The Ecosystem Restoration Office may utilize not more 
     than 15 percent of all Federal funds administered under this 
     section for administrative costs relating to the 
     implementation of this title.
       (5) All funding recommendations developed by the Working 
     Group shall be based on a consensus of Working Group members.
       (c) Coordination.--
       (1) The Secretary shall formulate a cooperative agreement 
     between the Working Group, the Task Force, and the Compact 
     Commission for the purposes of ensuring that projects 
     proposed and funded through the Working Group are consistent 
     with other basin-wide fish and wildlife restoration and 
     conservation plans, including but not limited to plans 
     developed by the Task Force and the Compact Commission.
       (2) To the greatest extent practicable, the Working Group 
     shall provide notice to, and accept input from, two members 
     each of the Task Force and the Compact Commission, so 
     appointed by those entities, for the express purpose of 
     facilitating better communication and coordination regarding 
     additional basin-wide fish and wildlife and ecosystem 
     restoration and planning efforts.
       (d) Public Meetings.--The Working Group shall conduct all 
     meetings consistent with Federal open meeting and public 
     participation laws. The chartering requirements of 5 U.S.C. 
     App 2 Sec. Sec. 1-15 are hereby deemed to have been met by 
     this section;
       (e) Terms and Vacancies.--Working Group members shall serve 
     for three year terms, beginning on the date of enactment of 
     this Act. Vacancies which occur for any reason after the date 
     of enactment of this Act shall be filled by direct 
     appointment of the Governor of the State of Oregon, in 
     consultation with the Secretary of Interior and the Secretary 
     of Agriculture, in accordance with nominations from the 
     appropriate groups, interests, and government agencies 
     outlined in section (a)(2).
       (f) 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.
                       TITLE III--DESCHUTES BASIN

     SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.

       (a) Definitions.--In this section:
       (1) Working group.--The term ``Working Group'' means the 
     Deschutes River Basin Working Group established before the 
     date of enactment of this Act, consisting of members 
     nominated by their represented groups, including:
       (A) 5 representatives of private interests including one 
     each from hydroelectric production, livestock grazing, 
     timber, land development, and recreation/tourism;
       (B) 4 representatives of private interests including two 
     each from irrigated agriculture and the environmental 
     community;
       (C) 2 representatives from the Confederated Tribes of the 
     Warm Springs Reservation of Oregon;
       (D) 2 representatives from Federal Agencies with authority 
     and responsibility in the Deschutes River Basin, including 
     one from the Interior Department and one from the Agriculture 
     Department;
       (E) 2 representatives from the State of Oregon agencies 
     with authority and responsibility in the Deschutes River 
     Basin, including one from the Oregon Department of Fish and 
     Wildlife and one from the Oregon Water Resources Department; 
     and
       (F) 4 representatives from Deschutes River Basin county 
     and/or city governments, which may include representatives 
     from Deschutes, Crook, Jefferson, and Wasco/Sherman counties.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Federal agencies.--The term ``Federal Agencies'' means 
     agencies and departments of the United States, including, but 
     not limited to, the Bureau of Reclamation, Bureau of 
     Indian Affairs, Bureau of Land Management, Fish and 
     Wildlife Service, Forest Service, Natural Resources 
     Conservation Service, Farm Services Agency, the National 
     Marine Fisheries Service, and the Bonneville Power 
     Administration.
       (4) Consensus.--The term ``consensus'' means a unanimous 
     agreement by the Working Group members present at a regularly 
     scheduled business meeting.
       (b) In General.--
       (1) The Working Group will propose ecological restoration 
     projects on both Federal and non-federal lands and waters to 
     be undertaken in

[[Page S9652]]

     the Deschutes River Basin based on a consensus of the Working 
     Group, provided that such projects, when involving Federal 
     land or funds, shall be proposed to the Bureau of Reclamation 
     in the Department of the Interior and any other Federal 
     agency with affected land or funds.
       (2) The Working Group will accept donations, grants or 
     other funds and place the amount of such funds received into 
     a trust fund, to be expended on the performance of ecological 
     restoration projects which, when involving federal land or 
     funds, are approved by the affected Federal Agency.
       (3) The Bureau of Reclamation shall pay, to the greatest 
     extent feasible, from funds authorized under subsection (g) 
     of this Act up to 50 percent of the cost of performing any 
     project proposed by the Working Group and approved by the 
     Secretary, up to a total amount of $1,000,000 during each of 
     the fiscal years 1997 through 2001.
       (4) Non-Federal contributions to project costs for purposes 
     of computing the Federal matching share under paragraph (3) 
     of this subsection may include in-kind contributions.
       (5) Funds authorized in subsection (g) of this section 
     shall be maintained in and distributed by the Bureau of 
     Reclamation in the Department of the Interior. The Bureau of 
     Reclamation shall not expend more than 5 percent of amounts 
     appropriated pursuant to subsection (g) for Federal 
     administration of such appropriations pursuant to this Act.
       (6) The Bureau of Reclamation is authorized to provide by 
     grant to the Working Group not more than 5 percent of funds 
     appropriated pursuant to subsection (g) of this section for 
     not more than 50 percent of administrative costs relating to 
     the implementation of this title; and
       (7) The Federal Agencies with authority and responsibility 
     in the Deschutes River Basin shall provide technical 
     assistance to the Working Group and shall designate 
     representatives to serve as members of the Working Group.
       (8) All funding recommendations developed by the Working 
     Group shall be based on a consensus of the Working Group 
     members.
       (c) Public Notice and Participation.--The Working Group 
     shall give reasonable public notice of all meetings of the 
     Working Group and allow public attendance at the meetings. 
     The activities of the Working Group and the Federal Agencies 
     pursuant to the provisions of this Act are exempt from the 
     provisions of 5 U.S.C. App 2 Sec. Sec. 1-15.
       (d) Priorities.--The Working Group shall give priority to 
     voluntary market-based economic incentives for ecosystem 
     restoration including, but not limited to, water leases and 
     purchases; land leases and purchases; tradable discharge 
     permits; and acquisition of timber, grazing, and land 
     development rights to implement plans, programs, measures, 
     and projects.
       (e) Terms and Vacancies.--Members of the Working Group 
     representing governmental agencies or entities shall be named 
     by the represented government. Members of the Working Group 
     representing private interests shall be named in accordance 
     with the Articles of Incorporation and Bylaws of the Working 
     Group. Representatives from Federal Agencies will serve for 
     terms of 3 years. Vacancies which occur for any reason after 
     the date of enactment shall be filled in accordance with this 
     section.
       (f) Additional Projects.--Where existing authority and 
     appropriations permit, Federal Agencies may contribute to the 
     implementation of projects recommended by the Working Group 
     and approved by the Secretary.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this sections $1,000,000 for 
     each of fiscal years 1997 through 2001.
                     TITLE IV--MOUNT HOOD CORRIDOR

     SEC. 401. 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 some or all of 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\1/4\, N\1/2\SE\1/
     4\, SW\1/4\SE\1/4\, 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 wet 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, also excepting that portion of the NW\1/4\NW\1/4\ 
     lying east of Wildcat Creek, 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\1/4\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. 26--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. 25--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\, SW\1/4\NW\1/4\ 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. 4 N., R. 3 W., sec. 35--W\1/2\SW\1/4\, containing 
     80 record acres, more or less;
       (15) T. 3 N., R. 3 W., sec. 7--E\1/2\NE\1/4\, containing 80 
     record acres, more or less;
       (16) T. 3 N., R. 3 W., sec. 9--SE\1/4\NW\1/4\, containing 
     40 record acres, more or less;
       (17) T. 3 N., R. 3 W., sec. 17--S\1/2\NE\1/4\, containing 
     80 record acres, more or less;
       (18) T. 3 N., R. 2 W., sec. 3--SW\1/4\NW\1/4\, containing 
     40 record acres, more or less;
       (19) T. 2 N., R. 2 W., sec. 3--SE\1/4\SE\1/4\, containing 
     40 record acres, more or less; and
       (20) T. 1 S., R. 4 W., sec. 15--SW\1/4\NE\1/4\, S\1/2\NW\1/
     4\, containing 120 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.
       (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 1 year after the date of 
     enactment of this Act.
       (g) Withdrawal of Lands.--All lands managed by the 
     Department of the Interior, Bureau of Land Management, 
     located in townships 2 and 3 south, ranges 6 and 7 east, 
     Willamette Meridian, which can be seen from the right of way 
     of Oregon State Highway 26 (referred to in this section as 
     the ``Mt. Hood Corridor''), shall be managed primarily for 
     the protection of important scenic values. Management 
     prescriptions for other resource values associated with these 
     lands shall be planned and conducted for purposes other than 
     timber harvest, so as not to impair scenic quality.
       (h) Timber Harvest.--Timber harvest may be conducted in the 
     Mt. Hood Corridor after the occurrence of a resource-damaging 
     catastrophic event. Such harvest, and any additional timber 
     harvest, may only be conducted to achieve the following 
     resource management objectives, in compliance with the 
     current land use plans--
       (1) to maintain safe conditions for the visiting public;
       (2) to control the continued spread of forest fire;
       (3) for activities related to administration of the Mt. 
     Hood corridor; or

[[Page S9653]]

       (4) for removal of hazard trees along trails and roadways.
       (i) Road Closure.--The forest road gate located on Forest 
     Service Road 2503, located in T. 2 S., R. 6 E., sec. 14, 
     shall remain gated and locked to protect resources and 
     prevent illegal dumping and vandalism in the Mt. Hood 
     Corridor. Access to this road shall be limited to--
       (1) Federal and State officers and employees acting in an 
     official capacity;
       (2) employees and contractors conducting authorized 
     activities associated with the telecommunication sites 
     located in T. 2 S., R. 6 E., sec. 14; and
       (3) the general public for recreational purposes, except 
     that all motorized vehicles will be prohibited.
       (j) NEPA Exemption.--Notwithstanding any other provision of 
     law, the National Environmental Policy Act of 1969 (Public 
     Law 91-190) shall not apply to this section.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                    TITLE V--COQUILLE TRIBAL FOREST

     SEC. 501. CREATION OF THE COQUILLE FOREST.

       (a) The Coquille Restoration Act (Public Law 101-42) is 
     amended by inserting at the end of section 5 the following:
       ``(d) Creation of the Coquille Forest.--
       ``(1) Within 90 days of the enactment of this title, the 
     Secretary of Interior is authorized to and shall, in 
     accordance with this title and in consultation with the 
     Coquille Tribe of Coos County, Oregon, designate 
     approximately five thousand acres of forest lands in Coos 
     County, Oregon, to which the United States holds title, 
     located in the historic territory of the Coquille Indian 
     people, as the Coquille Forest.
       ``(2) A map showing the Federal portions of these sections 
     designated as the Coquille Forest, and such additional legal 
     descriptions which are applicable, shall within 180 days of 
     the date of enactment of this title, be prepared by the 
     Secretary in consultation with the Tribe and placed on file 
     at the local District Office of the Bureau of Land 
     Management, the Agency Office of the Bureau of Indian 
     Affairs, and with the Senate Committee on Energy and Natural 
     Resources and the House Committee on Resources.
       ``(3) Two years from the date of enactment of this 
     subsection, the Secretary shall transfer lands designated 
     under subsection (d)(1), to the Bureau of Indian Affairs, to 
     be held in trust, in perpetuity, for the Coquille Tribe. As 
     Indian trust forest lands, the Secretary of Interior, acting 
     through the Assistant Secretary for Indian Affairs shall 
     manage these lands under applicable forestry laws and in a 
     manner consistent with the standards and guidelines of 
     Federal forest plans on adjacent lands. The Secretary and the 
     Tribe may authorize management of the Coquille Forest 
     consistent with the Coquille Forest management strategy 
     developed by the Independent Scientific Advisory Team and set 
     forth in the report entitled, ``A Forest Management Strategy 
     for the Proposed Coquille Forest'' dated August 31, 1995 and 
     including the December 20, 1995 Addendum.
       ``(4) From the date of enactment of this title until two 
     years after the date of enactment of this title, the Bureau 
     of Land Management shall:
       ``(A) retain Federal jurisdiction for the management of 
     lands designated under this title as the Coquille Forest; and
       ``(B) prior to advertising, offering or awarding any timber 
     sale contract on lands designated under this title as the 
     Coquille Forest, obtain the approval the Bureau of Indian 
     Affairs, which shall act on behalf of and in consultation 
     with the Coquille Tribe.
       ``(5) After completion of the transfer to the Bureau of 
     Indian Affairs, required in this subsection, the Secretary 
     may, pursuant to the Indian Self-Determination Act (25 U.S.C. 
     450 et seq.), enter into an Indian self-determination 
     agreement with the Coquille Indian Tribe. Such agreement 
     shall provide for the Tribe to carry out all or a portion of 
     the forest management program for the Coquille Forest. Prior 
     to entering such an agreement, and as a condition of 
     maintaining such an agreement, the Secretary must find that 
     the Coquille Tribe has entered into a Memorandum of Agreement 
     (MOA) with the State of Oregon, as required under subsection 
     (8) this title.
       ``(6) The Land designated under this title shall be subject 
     to valid existing rights, including all valid liens, rights-
     of-way, licenses, leases, permits, and easements existing on 
     date of the enactment of this title. These lands will remain 
     open to public access for purposes of hunting, fishing, 
     recreation and transportation, except when closure is 
     required by state or Federal law.
       ``(7) Unprocessed logs harvested from the Coquille Forest 
     shall be subject to the same Federal statutory restrictions 
     on export to foreign Nations that apply to unprocessed logs 
     harvested from federal lands.
       ``(8) All sales of timber from land subject to this title 
     shall be advertised, offered and awarded in accordance with 
     the public bidding and contracting laws and procedures 
     applicable to the Bureau of Land Management.
       ``(9) The Coquille Tribe shall enter into a Memorandum of 
     Agreement (MOA) with the State of Oregon relating to the 
     establishment and management of the Coquille Forest. The MOA 
     shall include, but not be limited to, the terms and 
     conditions for preserving public access, continuing public 
     rights, advancing jointly-held resource management goals, 
     achieving Tribal restoration objectives and establishing a 
     coordinated management framework. Further, provisions set 
     forth in the MOA shall be consistent with Federal trust 
     responsibility requirements applicable to Indian trust lands. 
     The United States District Court for the District of Oregon 
     shall have jurisdiction over actions arising out of claims of 
     breach of the MOA.
       ``(10) 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 shall redesignate public domain land located in the 
     Coquille Tribe's service area, as defined in the Coquille 
     Tribal Restoration Act of 1989 (Public Law 101-42), as land 
     subject to that Act. In no event shall payments due to Coos 
     County, Oregon, under that Act be diminished as a result of 
     the land designations required pursuant to this title.
       ``(11) Within two years of the date of enactment of this 
     subsection, the Secretary shall complete a formal scientific 
     peer review of the management strategy developed by the 
     Independent Scientific Advisory Team and set forth in the 
     report entitled, ``A Forest Management Strategy for the 
     Proposed Coquille Forest'' dated August 31, 1995 and 
     including the December 20, 1995 Addendum.''.
                TITLE VI--BULL RUN WATERSHED PROTECTION
       Sec. 601. Section 2(a) of Public Law 95-200 is amended on 
     line 7 by striking ``2(b)'' and inserting in lieu thereof 
     ``2(c)''.
       Sec. 602. Public Law 95-200 is amended by adding a new 
     subsection 2(b) immediately after subsection 2(a), as 
     follows:
       ``(b) Timber Cutting.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     of Agriculture shall prohibit the cutting of trees in that 
     part of the unit consisting of the hydrographic boundary of 
     the Bull Run River Drainage and as depicted in a map dated 
     June 1996 and entitled ``Bull Run River Drainage''.
       ``(2) Permitted cutting.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary of Agriculture shall prohibit the cutting of trees 
     in the area described in subparagraph (1).
       ``(B) Permitted cutting.--Subject to subparagraph (B), the 
     Secretary may allow the cutting of trees in the area 
     described in subparagraph (1)--
       ``(i) for the protection or enhancement of water quality in 
     the area described in subparagraph (1); or
       ``(ii) for the protection, enhancement, or maintenance of 
     water quantity available from the area described in 
     subparagraph (1); or
       ``(iii) for the construction, expansion, protection or 
     maintenance of municipal water supply facilities; or
       ``(iv) for the construction, expansion, protection or 
     maintenance of facilities for the transmission of energy 
     through and over the unit or previously authorized 
     hydroelectric facilities or hydroelectric projects associated 
     with municipal water supply facilities.
       ``(C) Salvage sales.--The Secretary of Agriculture may not 
     authorize a salvage sale in the area described in 
     subparagraph (1).''.
       Sec. 603. Section 2(b) of Public Law 95-200 is amended by 
     inserting in the first line after (a) ``and (b)''.
       Sec. 604. Section 2(b) of Public Law 95-200 is redesignated 
     as ``2(c)''.
       Sec. 605. Redesignate the following subsections 
     accordingly.
            TITLE VII--OREGON ISLANDS WILDERNESS, ADDITIONS

     SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.

       (a) In furtherance of the purposes of the Wilderness Act of 
     1964, certain lands within the boundaries of the Oregon 
     Islands National Wildlife Refuge, Oregon, comprising 
     approximately ninety-five acres and as generally depicted on 
     a map entitled ``Oregon Island Wilderness Additions--
     Proposed'' dated June, 1996, are hereby designated as 
     wilderness. The map shall be on file and available for public 
     inspection in the offices of the Fish and Wildlife Service, 
     Department of the Interior.
       (b) All other federally-owned named, unnamed, surveyed and 
     unsurveyed rocks, reefs, islets and islands lying within 
     three geographic miles off the coast of Oregon and above mean 
     high tide, not currently designated as wilderness and also 
     within the Oregon Islands National Wildlife Refuge boundaries 
     under the administration of the United States Fish and 
     Wildlife Service, Department of the Interior, as designated 
     by Executive Order 7035, Proclamation 2416, Public Land 
     Orders 4395, 4475 and 6287, and Public Laws 91-504 and 95-
     450, are hereby designated as wilderness.
       (c) As soon as practicable after this title takes effect, a 
     map of the wilderness area and a description of its 
     boundaries shall be filed with the Senate Committee on Energy 
     and Natural Resources and the House Committee on Resources, 
     and such map shall have the same force and effect as if 
     included in this title; provided, however, that correcting 
     clerical and typographical errors in the map and land 
     descriptions may be made.
       (d) Public Land Order 6287 of June 16, 1982, which withdrew 
     certain rocks, reefs, inslets and islands lying within three 
     geographical miles off the coast of Oregon and above mean 
     high tide, including the ninety-five acres described in (a), 
     as an addition to the Oregon Islands National Wildlife Refuge 
     is hereby made permanent.
              TITLE VIII--UMPQUA RIVER LAND EXCHANGE STUDY

     SEC. 801. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND 
                   DIRECTION.

       (a) In General.--The Secretaries of the Interior and 
     Agriculture are hereby authorized and directed to consult, 
     coordinate and cooperate with the Umpqua Land Exchange 
     Project (ULEP), affected units and agencies of state and 
     local government, and, as appropriate, the World Forestry 
     Center and National Fish and

[[Page S9654]]

     Wildlife Foundation, to assist ULEP's ongoing efforts in 
     studying and analyzing land exchange opportunities in the 
     Umpqua River basin and to provide scientific, technical, 
     research, mapping and other assistance and information to 
     such entities. Such consultation, coordination and 
     cooperation shall at a minimum include, but not be limited 
     to:
       (1) Working with ULEP to develop or assemble comprehensive 
     scientific and other information (including comprehensive and 
     integrated mapping) concerning the Umpqua River basin's 
     resources of forest, plants, wildlife, fisheries (anadromous 
     and other), recreational opportunities, wetlands, riparian 
     habitat and other physical or natural resources.
       (2) Working with ULEP to identify general or specific areas 
     within the basin where land exchanges could promote 
     consolidation of timberland ownership for long-term, 
     sustained timber production; protection and improvement of 
     habitat for plants, fish and wildlife (including any 
     federally listed threatened or endangered species); recovery 
     of threatened and endangered species; protection and 
     improvement of wetlands, riparian lands and other 
     environmentally sensitive areas; consolidation of land 
     ownership for improved public access and a broad array of 
     recreational uses; and consolidation of land ownership to 
     achieve management efficiency and reduced costs of 
     administration.
       (3) Developing a joint report for submission to the 
     Congress which discusses land exchange opportunities in the 
     basin and outlines either a specific land exchange proposal 
     or proposals which may merit consideration by the Secretaries 
     or the Congress, or ideas and recommendations for new 
     authorizations, direction, or changes in existing law or 
     policy to expedite and facilitate the consummation of 
     beneficial land exchanges in the basin via administrative 
     means.

     SEC. 802. REPORT TO CONGRESS.

       (a) No later than February 1, 1998, ULEP and the 
     Secretaries of the Interior and Agriculture shall submit a 
     joint report to the Committee on Resources of the United 
     States House of Representatives and to the Committee on 
     Energy and Natural Resources of the United States Senate 
     concerning their studies, findings, ideas, recommendations, 
     mapping and other activities conducted pursuant to this Act.
       (b) At a minimum, the report shall include:
       (1) A complete analysis and discussion of issues, options 
     and alternatives considered with respect to the specific 
     study items set forth in Section 3(b) (1-7) of this Act and a 
     discussion of the perceived advantages, disadvantages, and 
     obstacles to implementation of such options and alternatives.
       (2) Recommendations and mapping for specific land 
     exchanges, or the identifications and mapping of general 
     areas where exchanges should be considered.
       (3) Recommendations, if any, for any changes in law or 
     policy that would authorize, expedite, or facilitate specific 
     land exchanges or facilitate general land exchange 
     procedures.
       (4) Recommendations, if any, for special provisions of law 
     or policy that might be applied to specific areas of private 
     or Federal lands after consolidations of lands are completed 
     through land exchanges.
       (5) Recommendations, if any, for new or enhanced sources of 
     Federal, state or other funding to promote improved resource 
     protection, recovery and management in the basin.

     SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

       In furtherance of the purposes of this title, there is 
     hereby authorized to be appropriated the sum of $2 million.


                           Amendment No. 5150

  Mr. HATFIELD. Mr. President, I understand that there is a substitute 
amendment at the desk offered by myself and I ask for its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Oregon [Mr. Hatfield] proposes an 
     amendment numbered 5150.

  Mr. HATFIELD. Mr. President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. HATFIELD. Mr. President, as my colleagues know, at the end of 
this year, I will leave the Senate and return to the inviting shores of 
Oregon. Oregon is the State of my birth and the State that I have 
labored to represent for over four decades. It has never been a mystery 
to me why so many have been drawn to my State. The rich pioneer spirit 
of Oregon's citizenry is matched only by the blessings of the State's 
bountiful natural treasures.
  I am pleased to speak today about legislation that will ensure that 
several of Oregon's most significant natural treasures will be 
protected for future generations. This legislation, the Oregon 
Resources Conservation Act, of which I am the proud sponsor, includes 
eight titles addressing a host of natural resource issues. Many of the 
issues within these titles have been the subject of great debate and 
lingered unresolved for years.
  The heart of this proposal is title one, which creates a 25,800-acre 
Opal Creek Wilderness and National Scenic Recreation Area. Opal Creek 
is one of the last remaining intact, low-elevation old growth forest 
areas in Western Oregon. The Opal Creek title of the Oregon Resources 
Conservation Act would create a 25,800-acre Opal Creek Wilderness and 
National Scenic-Recreation Area. Of the 25,800 acres, 12,800 acres 
would be designated as new wilderness to be managed under the 
Wilderness Act of 1964, and 13,000 acres would be managed as a national 
scenic-recreation area.
  A great public debate has surrounded the Opal Creek issue for 
decades. It is my firm hope that this is a debate we are about to 
resolve. Opal Creek is a very special place, and I have always believed 
the area merits permanent protection.
  I sought to include protection for the area in my 1984 Oregon 
wilderness bill, and again in my 1988 wild and scenic rivers bill. Both 
times I was forced to remove the provision at the request of Oregon's 
Governor. Representative Mike Kopetski made a bold effort to legislate 
protection in 1994, but time ran out in the 103d Congress before final 
action could be taken in the Senate.
  Today, the entire 35,000 acre watershed that includes the Opal Creek 
sub-basin is protected from commercial timber harvest under President 
Clinton's forest plan. Timber companies have indicated to me that they 
doubt commercial timber harvests will ever occur again in the drainage. 
Similarly, environmentalists have indicated to me that they believe 
there is no danger of harvests in the drainage in the foreseeable 
future.

  Surely this is an area fertile for agreement. It is time to show the 
public some small sign of reconciliation in this continuing feud over 
our natural resources. It was my hope that the Opal Creek Working 
Group, which met over a period of 6 months with the assistance of a 
professional mediator, would provide the agreement Oregonians of all 
persuasions desire so much. While the working group failed to reach a 
comprehensive agreement, areas of common interest and shared values 
were uncovered, and the group's deliberations assisted me greatly in 
developing this legislation.
  This issue has lingered unresolved for far too long, and with this 
legislation, we have an opportunity to settle it, once and for all.
  The Opal Creek title of my legislation addresses each and every one 
of the sub-watersheds in the Little North Fork Santiam River drainage, 
either through a wilderness or a National Scenic Recreation Area 
designation. By doing this, I 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.
  Significant portions of the Cedar Creek sub-watershed have been 
included, part in the Opal Creek Wilderness and part in the Scenic 
Recreation Area. This protection includes approximately three-quarters 
of the old growth in the sub-watershed. The five sections that comprise 
the center of the area include private interests. The presence of these 
private interests has made this area one of the most difficult to 
resolve. Through the cooperation of the Rosboro Lumber Co. and the 
Forest Service, we have provided the framework for a very directed land 
exchange. This exchange will allow this full section, approximately 640 
acres, to be included in the Scenic Recreation Area. In exchange, 
Rosboro will receive sufficient parcels to accomplish an equal value 
exchange. The prioritized list of parcels provided in the S. 1662 
represent parcels which border, many on three sides, land already owned 
by Rosboro.
  One important part of this protection is the designation of Elkhorn 
Creek as Oregon's newest wild and scenic river. This designation will 
protect nearly the full length of the Elkhorn as it moves from land 
managed by the Forest Service to land managed by the Bureau of Land 
Management. The BLM manages approximately three sections through which 
the Elkhorn flows. It is my intent that the full amount of these three 
sections be included in the wild and scenic designation. The language 
in the bill has been written to accomplish that result. The BLM 
portions are designated as ``scenic'', while

[[Page S9655]]

the Forest Service portions are designated as ``wild''. This 
distinction is provided for to allow the BLM to put in a trail head and 
viewpoint for recreationalists to view this very special area.

  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 protect 
public health and safety. It is important to note that the lands 
covered by my legislation are not included now in the timber base and 
are not currently open to commercial harvest.
  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. It is also my intention that 
the funding allowed here would be available for cleanup and 
transportation costs related to the Amalgamated Mill site in the Opal 
Creek area on Battle Ax Creek.
  I have made the first down payment on this economic commitment 
package by including a $300,000 appropriation in the fiscal year 1996 
Omnibus Appropriations Act to help begin the cleanup of the 
contaminated Amalgamated Mill site. There is a continuing discussion of 
the best way to accomplish the cleanup of this site at the earliest 
possible date and in a manner that does not endanger public health or 
safety. This legislation is neutral on the method of cleanup, but 
should be read as a directive to all parties involved to move forward 
with deliberate speed to clean up this anomaly in an area of such 
profound beauty.
  Throughout the coming fiscal year 1997 appropriations cycle, I will 
work closely with Oregon's Governor, 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 second and third titles of the Oregon Resources 
Conservation Act provide for the establishment of 5-year pilot projects 
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. I am again attempting to 
provide funding for the consensus based projects of the Klamath Working 
Group in the fiscal year 1997 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.
  Senate bill 1662 addresses the group's 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 authorize $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.

  Under title III of the bill, 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.
  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 giving 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 
the divisive, litigious morass in which we find ourselves today.
  The fourth title provides for a land exchange in Oregon's beautiful 
Mt. Hood corridor. The purpose of this title is to protect the viewshed 
along the Highway 26 corridor on the way to Mt. Hood, the highest 
mountain peak in my State. The exchange between the Bureau of Land 
Management and the Longview Fibre timber company would withdraw lands 
within the viewshed of the Mt. Hood corridor from the timber base. Both 
parties are willing participants in this process.
  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.

[[Page S9656]]

  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.
  Included in this title is a very limited exemption from the National 
Environmental Policy Act. I want to be clear that this exemption is in 
no way to be used as a precedent for future waivers of NEPA. This is a 
unique circumstance, and to counterbalance this exemption, I have 
included funding in the fiscal year 1997 appropriations process to 
undertake environmental analysis for this exchange.

  The fifth title of S. 1662 would establish the Coquille Forest near 
the town of Coos Bay, OR. During my Senate career, it has been my 
pleasure, and I believe my obligation, to take an active role in the 
restoration of Federal recognition to a number of Indian tribes in the 
State of Oregon. One of those tribes, the Coquille Tribe from near Coos 
Bay, OR, was restored in 1989. In the Coquille Restoration Act, Public 
Law 101-42, which I was proud to sponsor in the Senate, a requirement 
was included that the Secretary of the Interior and the tribe develop 
and submit a plan for the tribe's pursuit of economic self-sufficiency.
  The Coquille Tribe took that mandate to heart and developed and 
submitted an extraordinarily comprehensive plan. Wisely, I think, the 
plan encompassed self-suficiency initiatives across a diverse range of 
projects. The centerpiece of the plan was a proposal to establish a 
significant forest land for the tribe within its aboriginal territory. 
The overall goal of the plan and the forest are to move the standard of 
living for the members of the Coquille Tribe closer to that of the 
people of Oregon overall and to provide for the cultural restoration of 
the Coquille people.
  The Coquille Tribe's forest proposal is not, nor is this legislation, 
some new and novel precedent. Land bases have already been established 
for a number of federally recognized Oregon tribes, including the Grand 
Rondes, Siletz, Warm Springs, and Umatillas. These tribal land bases 
range from 3,600 acres to 640,000 acres. This title would establish a 
5,400-acre land base for the Coquille Tribe. Hardly a precedent in 
either size or action.
  Moreover, the Coquille proposal is quite innovative and unique. The 
proposal originally developed by the Coquille Tribe was a cutting-edge, 
scientifically based plan to manage the land. The plan would have used 
environmentally sensitive methods of land management to benefit not 
only the tribe but the surrounding communities as well. This land 
management approach was as innovative as any I have seen during my 
public career, and it prompted me to lend my support to the tribe's 
effort.
  This provision is intended to provide a measure of restitution to the 
Coquille Tribe. This land was forcibly taken from its inhabitants, an 
act that I think anyone today would decry as unjust. In the past, 
atrocities have been heaped upon Oregon's native American tribes, 
including the Army's efforts to round up the southwestern Oregon tribes 
like cattle and march them hundreds of miles to government-created 
Indian reservations at Siletz and Klamath Falls.
  To the tribes affected by these U.S. Government policies, the act of 
uprooting them from their homelands and herding them to far-away 
reservations destroyed their culture and killed many of their people. 
These acts were the equivalent of the ethnic cleansing we have seen in 
recent years against the Muslim people in Bosnia. The restoration of 
5,400 acres could never atone for the hardships imposed upon the 
Coquille people. It can, however, begin to help restore some semblance 
of culture and a tie to the land that our Federal Government attempted 
to destroy over 150 years ago.
  I have gathered as much public input on the Coquille Tribe forest 
proposal as on any single legislative effort throughout my entire 
Senate career. I held two Senate hearings on the matter, one in Salem, 
OR, and one in Washington, DC. I also have received many letters and 
phone calls carefully analyzed related public polls, and reviewed 
newspaper editorials. All of these factors have contributed to the 
5,400-acre proposal I have developed.
  The forming of this title as it appears today in the substitute has 
been very challenging. The myriad interests of the Interior Department, 
the people of Coos County, the logging and environmental communities, 
the State of Oregon, and certainly the Coquille Tribe have brought 
together starkly divergent viewpoints.
  This title reflects many of the elements from the tribe's earlier 
proposal, but it is also very different. To accommodate the diversity 
of interests, and to do so within the parameters of the current 
discourse regarding the Federal lands, I have fashioned a unique and 
scaled-down hybrid. I must say that in so doing, the Coquille Tribe has 
made some very substantial concessions.
  First, title five creates a Coquille Forest of only approximately 
5,400 acres in size. While the parcels are shown on a BLM map, 
referenced in the legislation, for clarity I am adding the legal 
descriptions in the Record. The Coquille Forest consists of the Federal 
portions of the following descriptions:

     Willamette Meridian West, Oregon
     T28S R10W S. 30,33
     T28S R11W S. 14,25,26
     T29S R10W S. 5
     T30S R11W S. 5,7,15,24,25,29,33
     T29S R11W S. 23 SE\1/4\ SE\1/4\
       S. 26 E\1/2\ NE\1/4\
       S. 26 SW\1/4\ NE\1/4\
       S. 26 N\1/2\ SE\1/4\
     T29S R12W S. 26 S\1/2\ SW\1/4\
       S. 35 NE\1/4\ NW\1/4\
       S. 35 NW\1/4\ NE\1/4\

  Second, a 2-year transition period is required prior to the Forest 
transferring into trust for the tribe. To preserve Federal timber 
revenues to the O&C Counties, the Interior Secretary is authorized to 
designate an appropriate amount of nearby Federal public domain land 
into O&C status.

  Third, after the forest is transferred to the Assistant Secretary for 
Indian Affairs, its management must be consistent with the standards 
and guidelines of adjacent and nearby Federal forest plans. While this 
consistency requirement is to extend into the future, it should be 
noted that I do not anticipate that this requirement will foreclose the 
tribe from realizing at least some significant cultural or economic 
benefits from its forest.
  Fourth, the Assistant Secretary for Indian Affairs is to manage the 
Coquille Forest pursuant to all applicable State and Federal forestry 
and environmental laws, specifically including critical habitat 
designations under the Endangered Species Act. Federal log export 
restrictions will apply to logs from the Coquille Forest, and 
competitive bidding is specifically required on all sales.
  Fifth, this statute assures continued public access and State 
regulation of hunting and fishing. Conversely, it is expected that 
tribal access is assured to all its parcels.
  Sixth, Federal law and policies fostering Indian self-determination 
are recognized by providing opportunity for the tribe to assume some or 
all of the management of the Coquille Forest. As a requirement for the 
tribe assuming such management functions, a memorandum of agreement is 
required with the State of Oregon that details the State's jurisdiction 
and regulatory functions, and which incorporates the requirements for 
management consistency with surrounding plans. To assure enforceability 
of the MOA, both the tribe and the State are authorized to take each 
other to Federal court.
  Finally, the title provides that any affected citizen may sue the 
Secretary of the Interior for violations of the title. This is not 
intended to expand laws or case law related to standing to sue. The 
court is specifically authorized to order the Secretary to withdraw any 
management authority delegated to the tribe for the management of the 
forest.
  I want to emphasize again the unique arrangement of this provision. 
It is intended to establish a Coquille Forest for the Coquille Tribe 
that will mesh into the broader forest management of Coos County. 
Within that context, the Coquille Forest is to provide a basis for 
restoring the tribe's culture as well as providing economic benefits.
  I hope this proposal, with its relatively modest acreage and the 
required adherence to the most environmentally friendly forest 
management plan ever implemented in the Pacific

[[Page S9657]]

Northwest--President Clinton's forest plan--is successful and can 
become a model for how our Nation deals with other claims by native 
American tribes.

  The sixth title of S. 1662 addresses a longstanding issue in my 
State. The Portland area has been blessed with one of the cleanest 
sources of drinking water in the Nation. The Bull Run Watershed, east 
of Portland in the Cascade Mountains, has been providing safe and pure 
drinking water to Portlanders for over a century. I have always 
supported protection for this vital resource, including my working to 
enact the 1977 Bull Run Protection Act, Public Law 95-200.
  Title six amends Public Law 95-200 by additional restrictions on 
management within the hydrographic boundary of the Bull Run Watershed. 
This is depicted on a map refered to in the legislation. The additional 
protections do not include the controversial buffer areas or the 
adjacent Little Sandy Watershed. These additional areas have long been 
the source of controversy which has effectively blocked providing the 
additional protections within area that have a direct impact on 
Portland's drinking water.
  I am pleased that, in working with my colleague from Oregon, Mr. 
Wyden, we have reached an important agreement on this matter, which is 
included in S. 1662. The vital part of the agreement involves a study 
of the impact of management activities within the Little Sandy on 
Portland's drinking water. This is the heart of the issue with respect 
to the Little Sandy. With that critical agreement, the additional 
protections for the main drainage may go forward.
  I want to pay a special tribute to my colleague for working so 
constructively with me on this important matter to Oregonians. Senator 
Wyden has made an impressive commitment to this issue and I commend him 
for his leadership. Let me also commend Representative Elizabeth Furse 
for her commitment to this issue. She has partnered with Senator Wyden 
to resolve elevate this important issue in the public dialog.
  Finally, I wish to commend the newest member of the Oregon 
delegation, Representative Earl Blumenauer, for the valuable role he 
played in resolving this issue. The Bull Run Reservoir is located in 
Congressman Blumenauer's legislative district, and through his prompt 
intervention in this matter at a critical stage, he performed a 
valuable service to his constituents.
  The seventh title of this bill would add approximately 120 acres to 
the existing Oregon Islands Wilderness. This area is comprised of 
islands, reefs and rocks within 3 miles of the Oregon coast.
  In 1991, the Fish and Wildlife Service completed a wilderness 
suitability study on 1,200 of these formations, which extend 307 miles, 
from Tillamook Head to just north of the California border. The Fish 
and Wildlife Service has recommended a wilderness designation for the 
study area.

  These islands, rocks, and reefs are small and extremely rugged in 
appearance. The soil cover is shallow. Light vegetation consists 
primarily of low-growing grasses and herbaceous plants. These areas are 
valuable as nesting, roosting and foraging habitat for bald eagles, 
peregrine falcons, California brown pelicans, Canadian geese, and a 
number of other seabirds and shorebirds. They are also extensively used 
by marine mammals, such as Steller sea lions, California sea lions, 
Pacific harbor seals, and threatened northern elephant seal.
  Protection of this area would help preserve a reflection of America's 
rich island heritage. They are also closely associated with the culture 
of coastal native Americans and early European settlers.
  The final title of this legislation provides direction for a land 
exchange study within the Uppqua Basin in southern Oregon. The goal of 
the Uppqua land exchange project is to determine if there is a land 
ownership pattern within the Uppqua River Basin, different from the 
current one, that would more effectively protect fish and wildlife 
habitat and allowing more sustainable resource production. The project 
has hired a team of Oregon scientists to study the resources of this 
basin to determine if opportunities exist for public and private land 
exchanges are possible to achieve this goal.
  On Federal lands, the opportunity exists for increasing wildlife and 
fisheries habitat protection as well as sustainable supply of timber as 
a result of exchanging lands. On private lands, the project could 
assist land owners better meet their land management goals by providing 
lands better suited for timber productions that are not as ecologically 
sensitive as those traded into Federal ownership.
  To test this theory, this title directs the land management agencies 
to take a careful look at the land ownership patterns in this area and 
at the current makeup of laws and policies. I believe this study will 
uncover great potential for improvements in our land ownership 
patterns.
  Mr. President, this is comprehensive legislation. I am extremely 
pleased with this bill. It protects some of Oregon's most important 
natural resource areas, Opal Creek, Bull Run, the Oregon Islands and 
the Mt. Hood corridor. It also promotes consensus-based, watershed 
planning at the local level in the Klamath and Deschutes Basins. 
Finally, it makes investments in the future through important studies.
  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 natural 
beauty for the enjoyment and use of future generations.
  At this point I ask unanimous consent to have printed in the Record a 
letter addressed to myself from Under Secretary James Lyons of the 
Department of Agriculture in which they indicate the administration 
support for the two titles, the Opal Creek title and the one on the 
Bull Run.
  I would also ask unanimous consent to have printed in the Record a 
letter from Mayor Vera Katz of the city of Portland and Commissioner 
Mike Lindberg also endorsing title VI which relates to Portland's main 
and only water supply, which is called the Bull Run.
  And I ask unanimous consent to have printed in the Record a section-
by-section analysis.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                    DEPARTMENT OF AGRICULTURE,

                                   Washington, DC, August 2, 1996.
     Hon. Mark O. Hatfield,
     Washington, DC 20510.
       Dear Senator Hatfield: I am writing in support of the two 
     provisions in S. 1662, as amended, which affect Opal Creek 
     and Bull Run in the Willamette National Forest in Oregon.
       The Administration testified in support of the Opal Creek 
     Wilderness and Opal Creek Scenic Recreation Area Act of 1996. 
     S. 1662 adds approximately 12,800 acres of mixed old growth 
     forest and anadromous fish habitat to the Wilderness 
     Preservation System granting it permanent protection for 
     primitive use and resource conservation. In addition, the 
     legislation provides Wild and Scenic River protection for 
     Elkhorn Creek as recommended in our hearing testimony. You 
     have worked hard to prepare legislation which balances the 
     concerns of all parties and I appreciate your diligent 
     efforts.
       The Department of Agriculture supports the compromise 
     position taken in Title VI of the bill regarding the Bull Run 
     and Little Sandy Watersheds. Conservation in these two 
     watersheds is important to the success of the President's 
     Forest Plan for the owl region and for the City of Portland. 
     The report to Congress authorized in the legislation will 
     help provide information to decide whether any further action 
     is necessary regarding these lands. I especially support the 
     public process which will be used to prepare the study.
       Again, I want to congratulate you on your hard work on 
     these provisions. The Department of Agriculture supports 
     enactment of these two titles.
           Sincerely,
                                                   James R. Lyons,
     Under Secretary.
                                                                    ____



                                                July 24, 1996.

     Hon. Mark O. Hatfield,
     711 Hart Senate Office Building,
     Washington, DC.
       Dear Senator Hatfield: On behalf of the citizens of 
     Portland and the drinking water consumers of the Portland 
     metropolitan region, thank you for your outstanding efforts 
     in the development of Title VI, Bull Run Watershed 
     Protection, in S. 1662, ``The Oregon Resource Conservation 
     Act of 1996''.
       We were pleased by the unanimous passage of S. 1662 on June 
     19 by the Senate Energy and Natural Resources Committee. We 
     have been very grateful to work with you and your staff since 
     then on enhancements to the provisions of Title VI which will 
     be added during forthcoming consideration by the full Senate.

[[Page S9658]]

       It has been a great honor to work with you on the issue of 
     additional statutory protection for Bull Run water quality 
     since the adoption by the City Council Resolution covering 
     this subject in October 1993.
       The provisions of Title VI covering a ban on timber cutting 
     in the hydrographic boundary of the Bull Run drainage, 
     including certain lands within the unit and located below the 
     headworks of the City's water storage and delivery project, 
     except in activities expressly reserved for the City, and the 
     ban on salvage sales, will greatly improve the City's ability 
     to ensure water quality protection in the years to come. The 
     study on the portion of the Little Sandy Watershed within the 
     unit, to be undertaken by the Secretary of Agriculture in 
     consultation with the City, will help to provide useful 
     guidance for the future regarding logging in the Little Sandy 
     and water quality impacts.
       We plan to work very closely with you and your staff as S. 
     1662 continues through the subsequent phases of the 
     legislative process to help in any way we can to ensure that 
     it can be enacted in the few remaining weeks of this 
     Congress.
       Thank you again for your leadership on this important 
     initiative.
           Warm regards,
                                                        Vera Katz,
                                                            Mayor.
                                                    Mike Lindberg,
     Commissioner.
                                                                    ____


                      Section-by-Section Analysis


           s. 1662--oregon resources conservation act of 1996

     TITLE I--Opal Creek Wilderness and Scenic-Recreation Area
       12,800 acre Opal Creek Wilderness Area.
       13,000 acre Opal Creek National Scenic-Recreation Area.
       Designates Elkhorn Creek Wild and Scenic River.
       Sets up management planning process for Scenic Area.
       Sets up 13 member Advisory Council consisting of locally 
     elected officials, environmentalists, timber industry, mining 
     industry, inholders.
       Establishes guidelines for disposition of existing 
     inholdings.
       Authorizes $15 million Economic Development Plan.
     TITLE III--Upper Klamath Basin Pilot Project
       Creates a five-year pilot project to allow consensus-based 
     citizen working group to provide ecological restoration 
     recommendations to federal agencies.
       Authorizes $1,000,000 per year for consensus-based 
     projects.
       Projects must be matched 1-to-1 with non-federal sources.
       Fish and Wildlife Service is lead agency.
     TITLE III--Deschutes Basin Pilot Project
       Creates a five-year pilot project similar to the Klamath 
     Working Group.
       Also authorizes $1,000,000 per year for ecosystem 
     restoration projects, 1-to-1 match with non-federal funds.
       Bureau of Reclamation is lead agency.
     TITLE IV--Mt. Hood Corridor Land Exchange
       Authorizes 3,500 acre land exchange in the Mt. Hood 
     Corridor between the Bureau of Land Management and the 
     Longview Fibre timber company.
       Both parties are willing participants in this process, 
     which seeks to protect the viewshed along the Highway 26 
     corridor from Portland to Mt. Hood, Oregon.
       Land acquired by BLM in corridor is removed from timber 
     base, consistent with current BLM management of adjacent 
     lands.
       Exchange is to be completed within one year.
     Title V--Coquille Tribal Forest
       Creates 5,400 acre Coquille Forest from BLM lands in SW 
     Oregon.
       Management of land will remain with BLM for two years, with 
     no change in existing management structure or funding 
     distribution. Transition plan is authorized.
       After two years, title and management will be transferred 
     to Bureau of Indian Affairs. The lands will be held in trust 
     for Coquille Tribe (restored in 1989).
       After transfer to BIA, land will be managed consistent with 
     President's Forest Plan and applicable forestry and 
     environmental protection laws.
       All timber sales will be subject to competitive and open 
     bidding procedures.
     Title VI--Bull Run Watershed Protection
       Amends P.L. 95-200, the Bull Run Protection Act, by 
     establishing additional timber harvest restrictions for Bull 
     Run watershed, Portland's primary municipal drinking water 
     source.
       Requires a study of the adjacent Little Sandy Watershed to 
     determine the impact of management on Portland's drinking 
     water. Requires report to Congress on findings and 
     recommendations for future management in the area.
     Title VII--Oregon Islands Wilderness Additions
       Adds approximately 120 acres of islands, reefs and rocks 
     within three miles of Oregon Coast to existing Oregon Islands 
     Wilderness System.
     Title VIII--Umpqua River Land Exchange Study
       Authorizes and directs Secretaries of Interior and 
     Agriculture to consult, coordinate and cooperate with the 
     Umpqua Land Exchange Project.
       Project's mission is to develop scientific basis for and 
     evaluation of land exchanges which involve federal 
     acquisition of sensitive private parcels in exchange for 
     private acquisition of less sensitive, timber producing 
     parcels.
       Joint Report to Congress submitted no later than Feb. 1, 
     1998 making recommendations.

  Mr. HATFIELD. Mr. President, there are some very important people who 
have helped bring this day, now, to fruition. I want to mention the 
former Congressman from Oregon, Mike Kopetski, who made a valiant 
effort in 1994 to pass an Opal Creek protection bill. The bill was 
passed in the House. However, time ran out, in the Senate. It was not 
enacted. But, certainly, for years he and I had the privilege of 
trekking this whole area together. That is a wonderful memory I have. I 
want to pay tribute to his efforts as part of the overall 
accomplishment of this bill.
  I want to also make particular mention of the staff, of David 
Robertson and Doug Pahl of my staff, who, for years, have been involved 
in this and have done a great job; to Ms. Alexandra Buell of Senator 
Wyden's staff, who has been very meshed into the whole common effort 
and has an excellent background in resource management; the Energy 
Committee staff, Gary Ellsworth, Mark Rey and Tom Williams worked 
together as one staff, so to speak, even though they represent both 
sides of the aisle. I am very grateful, always, to each of those staff 
members for their real nitty-gritty and their real creative ability.
  The PRESIDING OFFICER. The Senator from Oregon, Mr. Wyden.
  Mr. WYDEN. Mr. President, I want to say first, I very much share 
Senator Hatfield's view with respect to the yeoman work that has been 
done by many parties, in terms of bringing this legislation together. I 
am especially pleased he has mentioned Ms. Buell and Mr. Pahl. It 
reflects the bipartisan effort that has gone into moving this 
legislation forward. I very much want to associate myself with Senator 
Hatfield's words of praise for the many staff who have worked on this 
legislation.
  I also want to begin by telling Senator Hatfield, on behalf of the 
people of our State, how much we appreciate the extraordinary efforts 
he has made in the conservation field specifically. As Oregonians know, 
when you think about the history of our State, it will not just be 
conservation that Senator Hatfield has touched. It will be the Oregon 
Health Sciences Center, where we have built a remarkable medical 
infrastructure that is going to serve our State into the 21st century. 
People are going to talk about the exceptional work that was done in 
the transportation field, where, again, we have led the Nation in terms 
of looking forward, in terms of making gutsy decisions.
  We are going to talk about the agriculture, the maritime efforts, 
particularly in the field of research which, again, gives us a chance 
to get out in front of these huge waves of change that so mark these 
and so many of the issues that are before the Senate.
  I just want to tell Senator Hatfield, I think it is particularly 
appropriate now, as we move to the last days of this session, that this 
legislation, which is something of a crowning jewel, moves forward in 
the Senate. It is a tribute to all of the exceptional work that he has 
done, now, for 3 decades for the people of our State. I want you to 
know how much I appreciate all this effort. As you know, I am looking 
into the possibility of being able to phone you express, when you are 
at the coast in a much-deserved retirement, to have you help on other 
matters. I am just so pleased that this legislation is moving forward 
today, and to be associated with you.
  Mr. President, very briefly let me comment on some of the provisions, 
the excellent provisions in this legislation. It is going to protect 
Opal Creek, both the drinking water source for the city of Salem and 
one of the crown jewels of our old growth forests. It is a remnant of 
what used to be common in the Oregon Cascade Range, but it is now the 
largest intact low elevation old growth forest that is left, after 
years of management in the region.

  Opal Creek is simply beloved. People hike and swim, and many go 
simply to experience the grandeur and solace that tall trees and 
waterfalls have to offer. Visitation is now at about 15,000 people 
annually, and increases each year.

[[Page S9659]]

  The President's Forest plan recognized the special nature of Opal 
Creek and designated it as a late-successional reserve and tier 1 
watershed. Although that designation puts some limits to management in 
the watershed, it does not ensure permanent protection. Only an act of 
Congress can do that and Senator Hatfield is responding to the great 
interest among the people of our State in making sure that there will 
be permanent protection for Opal Creek. We have been trying to protect 
this treasure for more than 25 years. Last year, Senator Hatfield 
convened a working group of Oregonians interested in Opal Creek that 
included environmentalists, the timber industry, State and local 
officials, and the Forest Service. This legislation is a product of 
those efforts. One prominent Oregon environmental group called the 
provision precedent setting, and the most protective they have seen in 
any Federal legislation.
  Mr. President, this legislation, Senator Hatfield has noted, contains 
other extremely important provisions for our State. I am especially 
pleased Senator Hatfield has included in his bill, additional 
protection for the Bull Run Watershed. This is so important to water 
users in our State. Hundreds of thousands of Oregonians depend on that 
watershed for pure, clean drinking water. And the history of Federal 
protection for the Bull Run Watershed goes back more than 100 years, to 
President Harrison's proclamation reserving the drainage basin of the 
Bull Run and Little Sandy Rivers as protected sources of water for the 
City of Portland.
  The Bull Run Watershed now serves more than 20 water districts and 
over 735,000 people in our metropolitan area.
  It is projected by the year 2050, it will be the prime source of 
drinking water for over 1 million Oregonians.
  When I served in the House of Representatives, I joined with 
Congresswoman Elizabeth Furse in introducing H.R. 4063 in the 103d 
Congress. This earlier piece of legislation increased substantially 
protections for the Bull Run and the Little Sandy watersheds. Although 
S. 1662 does scale down the scope of lands covered by new protections, 
I am pleased that this legislation increases protections for the 
portion of the Bull Run watershed that serves as the municipal drinking 
water source for the city of Portland, while maintaining the existing 
protections for the remainder of the watershed. The city of Portland 
strongly supports these added protections for the Bull Run watershed.
  This legislation includes several other important provisions. It 
would fund two citizen working groups that have been active in 
addressing a wide array of ecological restoration, economic development 
and stability and drought impact reduction projects in the Klamath and 
Deschutes River basins in our State.
  I am excited about both of these groups because I firmly believe that 
the key to solving many of our environmental problems--the key to 
solving environmental problems--has to come from strong local input. 
Oregonians have been successful using this model of strong local 
involvement in reforming health care, in reforming welfare, and I am 
pleased to see that as a result of Senator Hatfield's legislation, the 
same effort to encourage local involvement is being used in the 
environmental area.
  I believe that no bill is ever perfect, and we all have things that 
we might want in an ideal situation. The proposal to create the 
Coquille Tribal Forest has caused concern, has caused anxiety among a 
number of our citizens. I commend Senator Hatfield for his hard work in 
addressing many of these concerns, while at the same time remaining 
true to his commitment to the Coquille tribe. I believe that the 
provision in this legislation is improved by reducing greatly the size 
of the transfer. I also believe it has been improved by requiring the 
land to be managed under applicable State and Federal forestry and 
environmental protection laws.
  The bill also would require that these lands be subject to critical 
habitat designations under the Endangered Species Act and the standards 
and guidelines of the Federal forest plans adjacent or nearby forest 
lands apply now and in the future.
  Additionally, changes to the bill ensure that the land will remain 
open to public access for hunting, fishing and recreation, and that the 
prohibition on the export of unprocessed logs from Federal lands are a 
matter of great importance to our citizens and will continue.
  With that said, I still remain concerned about the size of the land 
to be transferred from the Bureau of Land Management to the Bureau of 
Indian Affairs to be held in trust for the Coquille tribe.
  Further, I am concerned about adding another layer of complexity to 
an already confusing array of forest and environmental management 
requirements and a potential lack of clarity with regard to Tribal, 
State and Federal roles in environmental requirements. I am also very 
concerned about a lack of clear direction with regard to citizen 
appeals. I am very pleased to have a chance to work with Senator 
Hatfield on these matters. Senator Hatfield has worked very, very hard 
to try to develop consensus with respect to this issue which is 
extremely controversial, and I intend to work closely with him on this 
matter in the days ahead.
  Mr. President, despite my reservation about the Coquille Tribal 
Forest, I believe that, on balance, this is a good bill for Oregon. I 
also want to say that recognition for our former colleague, Mike 
Kopetski, is especially appropriate. I recall several years ago when my 
good friend, Mike Kopetski, first made his pledge to protect Opal 
Creek. Because Mike showed exceptional vision and leadership, the bill 
made great progress. I join Senator Hatfield in saying that because of 
the work done by former Congressman Kopetski, it has been possible to 
move this bill towards a reality.
  Though this bill is not perfect, through Senator Hatfield's efforts 
and wise judgment, there is a bill now before the Senate that will 
benefit countless Oregonians for generations to come. It remains one of 
the most important conservation efforts for the State of Oregon put 
forward in many, many years. I look forward to working closely with our 
senior Senator to ensure that this bill is signed into law.
  Mr. President, I yield the floor.
  Mr. HATFIELD. Mr. President, I ask unanimous consent that the 
substitute amendment be considered and agreed to, the committee 
amendment be agreed to, as amended, the bill be deemed read a third 
time, and passed as amended. I withhold.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5150) was agreed to.
  The committee amendment was agreed to.
  The bill (S. 1662), as amended was deemed read the third time and 
passed.
  Mr. HATFIELD. Mr. President, on the bill that we have just passed, 
which is the Oregon Resources Conservation Act of 1996, I would ask 
unanimous consent to list Senator Wyden, my colleague, as a cosponsor 
of this bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT addressed the Chair.
  The PRESIDING OFFICER. The majority leader.
  Mr. LOTT. Mr. President, we would like to go ahead and get these 
unanimous-consent agreements done so that the distinguished Democratic 
leader could go to a very important meeting.
  Senator Daschle, if I could just say once again--I have told you 
privately--I want to say publicly, I appreciate the cooperation we have 
had over the last 3 weeks. We could not get it all done at the end, but 
I think we made a lot of good progress. And I appreciate your help 
wherever you could give it. I think we did pretty good overall.
  Mr. DASCHLE. Mr. President, if the majority leader would allow me to 
respond, I want to commend him. He has taken on his responsibilities 
under very difficult circumstances. I cannot imagine a more challenging 
way with which to begin your new role than to take on the 
responsibilities midcourse.
  I must say, Mr. President, he has done it in a way that he can be 
proud. It has been a joy to work with him.
  I think we have gotten more done than most people would have 
expected. I think, in fact, we surprised a few people. And we will 
continue to do our best to represent our caucuses but also to work to 
try to represent our country. I look forward to working with him for 
many months and years to come.

[[Page S9660]]

  Mr. LOTT. Thank you very much.
  The PRESIDING OFFICER. The majority leader.
  Mr. LOTT. We do have a number of unanimous-consent agreements that we 
have worked out. We would like to go through these. And some of them 
are still being worked on as we speak. But we can go ahead and get 
started.

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