[Congressional Record Volume 142, Number 118 (Tuesday, September 3, 1996)]
[Senate]
[Pages S9756-S9763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                OREGON RESOURCE CONSERVATION ACT OF 1996

  The text of the bill (S. 1662) to establish areas of wilderness and 
recreation in the State of Oregon, and for other purposes, as passed by 
the Senate on August 2, 1996, is as follows:

                                S. 1662

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oregon Resource Conservation 
     Act of 1996''.
       TITLE I--OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA

     SEC. 101. SHORT TITLE.

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

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Bull of the woods wilderness.--The term ``Bull of the 
     Woods Wilderness'' means the land designated as wilderness by 
     section

[[Page S9757]]

     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 
     July 1996.
       (3) Scenic recreation area.--The term ``Scenic Recreation 
     Area'' means the Opal Creek Scenic Recreation Area, 
     comprising approximately 13,000 acres, as generally depicted 
     on the map entitled ``Proposed Opal Creek Wilderness and 
     Scenic Recreation Area'', dated July 1996 and established 
     under section 104(a)(3) of this title.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 103. PURPOSES.

       The purposes of this title are--
       (1) to establish a wilderness and scenic recreation area to 
     protect and provide for the enhancement of the natural, 
     scenic, recreational, historic and cultural resources of the 
     area in the vicinity of Opal Creek;
       (2) to protect and support the economy of the communities 
     in the Santiam Canyon; and
       (3) to provide increased protection for an important 
     drinking water source for communities served by the North 
     Santiam River.

     SEC. 104. 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 provisions of the Wilderness Act 
     of 1964, shall become a component of the National Wilderness 
     System, and shall be know 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 described in section 102(3).
       (b) Conditions.--The designations in subsection (a) shall 
     not take effect unless the Secretary makes a determination, 
     not later than 2 years after the date of enactment of this 
     title, that the following conditions have been met--
       (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, 8, and 13 mining claims; and
       (C) an 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. In the sole discretion 
     of the Secretary, such easement may be limited to 
     administrative use if an alternative access route, adequate 
     and appropriate for public use, is provided;
       (2) a binding agreement has been executed by the Secretary 
     and the owners of record as of March 29, 1996, of the 
     following interests, specifying the terms and conditions for 
     the disposition of such interests 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; and
       (B) Ruth Quartz Mine Number 1, mineral survey number 994, 
     as described in patent number 39-91-0012, dated February 12, 
     1991.
       (c) Additions to the Wilderness and Scenic Recreation 
     Areas.--
       (1) Lands or interests in lands conveyed to the United 
     States under this section shall be included in and become 
     part of, as appropriate, Opal Creek Wilderness or the Opal 
     Creek Scenic Recreation Area.
       (2) On acquiring all or substantially all of the land 
     located in section 36, township 8 south, range 4 east, of the 
     Williamette Meridian, Marion County, Oregon, commonly known 
     as the Rosboro section by exchange, purchase from a willing 
     seller, or by donation, the Secretary shall expand the 
     boundary of the Scenic Recreation Area to include such land.
       (3) On acquiring all or substantially all of the land 
     located in section 18, township 8 south, range 5 east, Marion 
     County, Oregon, commonly known as the Times Mirror property, 
     by exchange, purchase from a willing seller, or by donation, 
     such land shall be included in and become a part of the Opal 
     Creek Wilderness.

     SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION AREA.

       (a) In General.--The Secretary shall administer the Scenic 
     Recreation Area in accordance with this title and 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 106(a), shall prepare a comprehensive Opal Creek 
     Management Plan (Management Plan) for the Scenic Recreation 
     Area.
       (2) Incorporation in land and resource management plan.--
     Upon its completion, the Opal Creek Management Plan shall 
     become part of the land and resource management plan for the 
     Williamette National Forest and supersede any conflicting 
     provision in such land and resource management plan. Nothing 
     in this paragraph shall be construed to supersede the 
     requirements of the Endangered Species Act or the National 
     Forest Management Act or regulations promulgated under those 
     Acts, or any other law.
       (3) Requirements.--The Opal Creek Management Plan shall 
     provide for 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) Recreation.--
       (1) Recognition.--Congress recognizes recreation as an 
     appropriate use of the Scenic Recreation Area.
       (2) Minimum levels.--The management plan shall permit 
     recreation activities at not less than the levels in 
     existence on the date of enactment of this title.
       (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 title if such uses are 
     consistent with the protection of the resource values of 
     Scenic Recreation Area.
       (4) Public trail access.--The management plan may include 
     public trail access through section 28, township 8 south, 
     range 5 east, Willamette Meridian, to Battle Axe Creek, Opal 
     Pool and other areas in the Opal Creek Wilderness and the 
     Opal Creek Scenic Recreation Area.
       (d) Transportation Planning.--
       (1) In general.--Except as provided in this subparagraph, 
     motorized vehicles shall not be permitted in the Scenic 
     Recreation Area. To maintain reasonable motorized and other 
     access to recreation sites and facilities in existence on the 
     date of enactment of this title, the Secretary shall prepare 
     a transportation plan for the Scenic Recreation Area that--
       (A) evaluates the road network within the Scenic Recreation 
     Area to determine which roads should be retained and which 
     roads should be closed;
       (B) provides guidelines for transportation and access 
     consistent with this title;
       (C) considers the access needs of persons with disabilities 
     in preparing the transportation plan for the Scenic 
     Recreation Area;
       (D) allows forest road 2209 beyond the gate to the Scenic 
     Recreation Area, as depicted on the map described in 102(2), 
     to be used by motorized vehicles only for administrative 
     purposes and for access by private inholders, subject to such 
     terms and conditions as the Secretary may determine to be 
     necessary; and
       (E) restricts construction on or improvements to forest 
     road 2209 beyond the gate to the Scenic Recreation Area to 
     maintaining the character of the road as it existed upon the 
     date of enactment of this title, which shall not include 
     paving or widening. In order to comply with subsection 107(b) 
     of this title, the Secretary may make improvements to forest 
     road 2209 and its bridge structures consistent with the 
     character of the road as it existed on the date of enactment 
     of this title.
       (e) Hunting and Fishing.--
       (1) In general.--Subject to applicable 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 of the Scenic 
     Recreation Area.
       (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 subsection.
       (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--
       (i) for public safety, such as to control the continued 
     spread of a forest fire in the Scenic Recreation Area or on 
     land adjacent to the Scenic Recreation Area;

[[Page S9758]]

       (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.--Subject to valid existing rights, all 
     lands in the Scenic Recreation Area are withdrawn from--
       (1) any form of entry, appropriation, or disposal under the 
     public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under the mineral and geothermal leasing 
     laws.
       (h) 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, depicted on the map 
     described in subsection 102(3), conducted in accordance with 
     applicable laws.
       (2) Nothing in this title shall be construed to interfere 
     with the ability of the Secretary to approve and issue, or 
     deny, 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) 
     may 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 the provisions of subsection 105(h) 
     with regard to the Bornite Project.
       (j) 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 developed pursuant to the Oregon Wilderness 
     Act of 1984 (Public Law 98-328; U.S.C. 1132).
       (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 factual interpretation of the 
     cultural, ecological, and industrial history of forestry and 
     mining in the Scenic Recreation Area.
       (k) Participation.--So 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 106 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. 106. ADVISORY COUNCIL.

       (a) Establishment.--Not later than 90 days after 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;
       (4) 1 member shall represent the City of Salem, and shall 
     be designated by the mayor of Salem, Oregon;
       (5) 1 member from a city within a 25 mile radius of the 
     Opal Creek Scenic Recreation Area, to be designated by the 
     governor of the State of Oregon from a list of candidates 
     provided by the mayors of the cities located within a 25 mile 
     radius of the Opal Creek Scenic Recreation Area; and
       (6) 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 Opal Creek Wilderness and Scenic Recreation 
     Area, economic development interests and Indian Tribes.
       (c) Staggered Terms.--Members of the advisory council shall 
     serve for staggered terms of three years.
       (d) Chairman.--The Secretary shall designate one 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.--Members of the advisory council shall 
     receive no compensation for service on the advisory council.

     SEC. 107. GENERAL PROVISIONS.

       (a) Land Acquisition.--
       (1) In general.--Subject to the other provisions of this 
     title 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.--Within the boundaries of the Opal Creek 
     Wilderness or the Scenic Recreation Area, 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 title; 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 purposes of this title or the 
     management plan prepared under section 105(b).
       (4) Nothing in this title shall be construed to enhance or 
     diminish the condemnation authority available to the 
     Secretary outside the boundaries of the Opal Creek Wilderness 
     or the Scenic Recreation Area.
       (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 title, 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, has not been 
     revoked, and has not expired, before the date of enactment of 
     this title, subject to the terms of the permit.

     SEC. 108. ROSBORO LAND EXCHANGE.

       (a) Authorization.--Notwithstanding any other law, if the 
     Rosboro Lumber Company (referred to in this section as 
     ``Rosboro'') offers and conveys marketable title to the 
     United States to the land described in subsection (b), the 
     Secretary of Agriculture shall convey all right, title and 
     interest held by the United States to sufficient lands 
     described in subsection (c) to Rosboro, in the order in which 
     they appear in subsection (c), as necessary to satisfy the 
     equal value requirements of subsection (d).
       (b) Land To Be Offered by Rosboro.--The land referred to in 
     subsection (a) as the land to be offered by Rosboro shall 
     comprise 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 shall comprise sufficient land from the 
     following prioritized list to be of equal value under 
     subparagraph (d):
       (1) Section 5, Township 17 South, Range 4 East, Lot 7 
     (37.63 acres).
       (2) Section 2, Township 17 South, Range 4 East, Lot 3 
     (29.28 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 2, Township 17 South, Range 4 East, NW\1/
     4\SE\1/4\ (40 acres).
       (6) Section 8, Township 17 South, Range 4 East, SE\1/
     4\SW\1/4\ (40 acres).

[[Page S9759]]

       (7) Section 11, Township 17 South, Range 4 East, W\1/
     2\NW\1/4\ (80 acres).
       (d) Equal Value.--The land and interests in land exchanged 
     under this section shall be of equal market value as 
     determined by nationally recognized appraisal standards, 
     including, to the extent appropriate, the Uniform Standards 
     for Federal Land Acquisition, the Uniform Standards of 
     Professional Appraisal Practice, or shall be equalized by way 
     of payment of cash pursuant to 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. The appraisal 
     shall consider access costs for the parcels involved.
       (e) Timetable.--
       (1) The exchange directed by this section shall be 
     consummated not later than 120 days after the date Rosboro 
     offers and conveys the property described in subsection (b) 
     to the United States.
       (2) 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 title.
       (3) Rosboro shall have the right to challenge in United 
     States District Court for the District of Oregon a 
     determination of marketability under subsection (a) and a 
     determination of value for the lands described in subsections 
     (b) and (c) by the Secretary of Agriculture. The Court shall 
     have the authority to order the Secretary to complete the 
     transaction contemplated in this section.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 109. 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.--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 the segment 
     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, extending 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 its confluence with 
     Buck Creek in Section 1, Township 9 South, Range 3 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 the 
     segment 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.
       ``(B) 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. 110. 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 Marion and Clackamas 
     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 
     title and to benefit local communities in the vicinity of the 
     Opal Creek area. Such plan shall be based on an economic 
     opportunity study and other appropriate information.
       (b) Funds Provided to the States for Grants.--Upon 
     completion of the Opal Creek Management Plan, and receipt of 
     the plan referred to in subsection (a) of this section, the 
     Secretary shall provide, subject to appropriations, 
     $15,000,000 to the State of Oregon. Such funds shall be used 
     to make grants or loans for economic development projects 
     that further the purposes of this title and benefit the local 
     communities in the vicinity of Opal Creek.
       (c) Report.--The State of Oregon shall--
       (1) prepare and provide the Secretary and Congress with an 
     annual report 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 title, 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 Klamath Basin National 
     Wildlife Refuge Complex;
       (F) 4 representatives of local businesses and industries, 
     including at least one representative of the wood products 
     industry and one representative of the ocean commercial 
     fishing industry and/or the 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;
       (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, National Marine Fisheries 
     Service and Ecosystem Restoration Office; and
       (K) 1 representative of the Klamath County Soil and Water 
     Conservation District.
       (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 (P.L. 
     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 and consisting 
     of at least a quorum at a regularly scheduled business 
     meeting.
       (7) Quorum.--The term ``quorum'' means one more than half 
     of those qualified Working Group members appointed and 
     eligible to serve.
       (8) Trinity task force.--The term ``Trinity Task Force'' 
     means the Trinity River Restoration Task Force created by 
     Public Law 98-541, as amended by Public Law 104-143.
       (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 
     among the Working Group, the Task Force, the Trinity 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, the Trinity 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. The 
     roles and relationships of the entities involved shall be 
     clarified in the cooperative agreement.
       (d) Public Meetings.--The Working Group shall conduct all 
     meetings subject to applicable open meeting and public 
     participation laws. The chartering requirements of 5

[[Page S9760]]

     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 title. Vacancies which occur for any reason after the 
     date of enactment of this title shall be filled by direct 
     appointment of the governor of the State of Oregon, in 
     consultation with the Secretary of the Interior and the 
     Secretary of Agriculture, in accordance with nominations from 
     the appropriate groups, interests, and government agencies 
     outlined in subsection (a)(2).
       (f) Rights, Duties, and Authorities Unaffected.--The 
     Working Group will supplement, rather than replace, existing 
     efforts to manage the natural resources of the Deschutes 
     Basin. Nothing in this title affects any legal right, duty or 
     authority of any person or agency, including any member of 
     the working group.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this title $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 title, 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 Department of the Interior 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 county or city governments 
     within the Deschutes River Basin county and/or city 
     governments.
       (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 and 
     constituting at least a quorum at a regularly scheduled 
     business meeting.
       (5) Quorum.--The term ``quorum'' means one more than half 
     of those qualified Working Group members appointed and 
     eligible to serve.
       (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 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 such funds received into a trust fund, 
     to be expended on ecological restoration projects which, when 
     involving Federal land or funds, are approved by the affected 
     Federal agency.
       (3) The Bureau of Reclamation shall pay from funds 
     authorized under subsection (g) of this title 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 title 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 (h) for Federal administration of such 
     appropriations pursuant to this title.
       (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 title for not 
     more than 50 percent of administrative costs relating to the 
     implementation of this title.
       (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 conduct all meetings subject to applicable 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.
       (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 agency. 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 of this title shall be 
     filled in accordance with this title.
       (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) Rights, Duties and Authorities Unaffected.--The Working 
     Group will supplement, rather than replace, existing efforts 
     to manage the natural resources of the Deschutes Basin. 
     Nothing in this title affects any legal right, duty or 
     authority of any person or agency, including any member of 
     the Working Group.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this title $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 are 
     those lands depicted on the map entitled ``Mt. Hood Corridor 
     Land Exchange Map'', dated July 18, 1996.
       (c) Land To Be Conveyed by the Secretary.--The land 
     referred to in subsection (a) as the land to be conveyed by 
     the Secretary are those lands depicted on the map entitled 
     ``Mt. Hood Corridor Land Exchange Map'', dated July 18, 1996.
       (d) Equal Value.--The land and interests in land exchanged 
     under this section shall be of equal market value as 
     determined by nationally recognized appraisal standards, 
     including, to the extent appropriate, the Uniform Standards 
     for Federal Land Acquisition, the Uniform Standards of 
     Professional Appraisal Practice, or shall be equalized by way 
     of payment of cash pursuant to 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 title.
       (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 U.S. Highway 26 (in this section, such lands are referred 
     to as the ``Mt. Hood Corridor Lands''), shall be managed 
     primarily for the protection or enhancement of scenic 
     qualities. 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 
     the scenic qualities of the area.
       (h) Timber Cutting.--Timber cutting may be conducted on Mt. 
     Hood Corridor Lands following a resource-damaging 
     catastrophic event. Such cutting 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 Lands; or
       (4) for removal of hazard trees along trails and roadways.

[[Page S9761]]

       (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 closed and locked to protect resources and 
     prevent illegal dumping and vandalism. 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.--The National Environmental Policy Act 
     of 1969 (P.L. 91-190) shall not apply to this section for one 
     year after the date of enactment of this title.
       (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 (P.L. 101-42) is amended 
     by inserting at the end of section 5 the following:
       ``(d) Creation of the Coquille Forest.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `Coquille Forest' means certain lands in 
     Coos County, Oregon, comprising approximately 5,400 acres, as 
     generally depicted on the map entitled `Coquille Forest 
     Proposal', dated July 8, 1996.
       ``(B) the term `Secretary' means the Secretary of the 
     Interior.
       ``(C) the term `the Tribe' means the Coquille Tribe of Coos 
     County, Oregon.
       ``(2) Map.--The map described in subparagraph (d)(1)(A), 
     and such additional legal descriptions which are applicable, 
     shall be 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) Interim period.--From the date of enactment of this 
     subsection until two years after the date of enactment of 
     this subsection, the Bureau of Land Management shall--
       ``(A) retain Federal jurisdiction for the management of 
     lands designated under this subsection as the Coquille Forest 
     and continue to distribute revenues from such lands in a 
     manner consistent with existing law; and
       ``(B) prior to advertising, offering or awarding any timber 
     sale contract on lands designated under his subsection as the 
     Coquille Forest, obtain the approval of the Assistant 
     Secretary for Indian Affairs, acting on behalf of and in 
     consultation with the Tribe.
       ``(4) Transition planning and designation.--
       ``(A) During the two year interim period provided for in 
     paragraph (3), the Assistant Secretary for Indian Affairs, 
     acting on behalf of and in consultation with the Tribe, is 
     authorized to initiate development of a forest management 
     plan for the Coquille Forest. The Secretary, acting through 
     the director of the Bureau of Land Management, shall 
     cooperate and assist in the development of such plan and in 
     the transition of forestry management operations for the 
     Coquille Forest to the Assistant Secretary for Indian 
     Affairs.
       ``(B) Two years after the date of enactment of this 
     subsection, the Secretary shall take the lands identified 
     under subparagraph (d)(1)(A) into trust, and shall hold such 
     lands in trust, in perpetuity, for the Coquille Tribe. Such 
     lands shall be thereafter designated as the Coquille Forest.
       ``(C) 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' 
     (the O & C Act), approved August 28, 1937 (43 U.S.C. 1181a et 
     seq.), the Secretary may redesignate, from public domain 
     lands within the Tribe's service area, as defined in this 
     Act, certain lands to be subject to the O & C Act. Lands 
     redesignated under this subparagraph shall not exceed lands 
     sufficient to constitute equivalent timber value as compared 
     to lands constituting the Coquille Forest.
       ``(5) Management.--The Secretary of the Interior, acting 
     through the Assistant Secretary for Indian Affairs shall 
     manage the Coquille Forest under applicable State and Federal 
     forestry and environmental protection laws, and subject to 
     critical habitat designations under the Endangered Species 
     Act, and subject to the standards and guidelines of Federal 
     forest plans on adjacent or nearby Federal lands, now and in 
     the future. The Secretary shall otherwise manage the Coquille 
     Forest in accordance with the laws pertaining to the 
     management of Indian Trust lands and shall distribute 
     revenues in accordance with Public Law 101-630 (25 U.S.C. 
     3107).
       ``(A) 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.
       ``(B) Notwithstanding any other provision of law, all sales 
     of timber from land subject to this subsection shall be 
     advertised, offered and awarded according to competitive 
     bidding practices, with sales being awarded to the highest 
     responsible bidder.
       ``(6) Indian self-determination act agreement.--No sooner 
     than two years after the date of enactment of this 
     subsection, the Secretary may, upon a satisfactory showing of 
     management competence and pursuant to the Indian Self-
     Determination Act (25 U.S.C. 450 et seq.), enter into a 
     binding Indian self-determination agreement (agreement) with 
     the Coquille Indian Tribe. Such agreement may provide for the 
     Tribe to carry out all or a portion of the forest management 
     for the Coquille Forest.
       ``(A) 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 binding 
     memorandum of agreement (MOA) with the State of Oregon, as 
     required under paragraph 7.
       ``(B) The authority of the Secretary to rescind the Indian 
     self-determination agreement shall not be encumbered.
       ``(i) The Secretary shall rescind the agreement upon a 
     demonstration that the Tribe and the State of Oregon are no 
     longer engaged in a memorandum of agreement as required under 
     paragraph 7.
       ``(ii) The Secretary may rescind the agreement on a showing 
     that the Tribe has managed the Coquille Forest in a manner 
     inconsistent with this subsection, or the Tribe is no longer 
     managing, or capable of managing, the Coquille Forest in a 
     manner consistent with this subsection.
       ``(7) Memorandum of agreement.--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 managing the Coquille Forest 
     in a manner consistent with paragraph (5) of this subsection, 
     preserving public access, 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 and paragraph (5) of this subsection.
       ``(8) Public Access.--The Coquille Forest shall remain open 
     to public access for purposes of hunting, fishing, recreation 
     and transportation, except when closure is required by State 
     or Federal law, or when the Coquille Indian Tribe and the 
     State of Oregon agree in writing that restrictions on access 
     are necessary or appropriate to prevent harm to natural 
     resources, cultural resources or environmental quality: 
     Provided, That the State of Oregon's agreement shall not be 
     required when immediate action is necessary to protect 
     archaeological resources.
       ``(9) Jurisdiction.--
       ``(A) The United States District Court for the District of 
     Oregon shall have jurisdiction over actions against the 
     Secretary arising out of claims that this subsection has been 
     violated. Any affected citizen may bring suit against the 
     Secretary for violations of this subsection, except that suit 
     may not be brought against the Secretary for claims that the 
     MOA has been violated. The Court has the authority to hold 
     unlawful and set aside actions pursuant to this subsection 
     that are arbitrary and capricious, an abuse of discretion, or 
     otherwise an abuse of law.
       ``(B) The United States District Court for the District of 
     Oregon shall have jurisdiction over actions between the State 
     of Oregon and the Tribe arising out of claims of breach of 
     the MOA.
       ``(C) Unless otherwise provided for by law, remedies 
     available under this subsection shall be limited to equitable 
     relief and shall not include damages.
       ``(10) State regulatory and civil jurisdiction.--In 
     addition to the jurisdiction described in paragraph 7 of this 
     subsection, the State of Oregon may exercise exclusive 
     regulatory civil jurisdiction, including but not limited to 
     adoption and enforcement of administrative rules and orders, 
     over the following subjects--
       ``(A) management, allocation and administration of fish and 
     wildlife resources, including but not limited to 
     establishment and enforcement of hunting and fishing seasons, 
     bag limits, limits on equipment and methods, issuance of 
     permits and licenses, and approval or disapproval of 
     hatcheries, game farms, and other breeding facilities: 
     Provided, That nothing herein shall be construed to permit 
     the State of Oregon to manage fish or wildlife habitat on 
     Coquille Forest lands;
       ``(B) allocation and administration of water rights, 
     appropriation of water and use of water;
       ``(C) regulation of boating activities, including equipment 
     and registration requirements, and protection of the public's 
     right to use the waterways for purposes of boating or other 
     navigation;
       ``(D) fills and removals from waters of the State, as 
     defined in Oregon law;
       ``(E) protection and management of the State's proprietary 
     interests in the beds and banks of navigable waterways;
       ``(F) regulation of mining, mine reclamation activities, 
     and exploration and drilling for oil and gas deposits;
       ``(G) regulation of water quality, air quality (including 
     smoke management), solid and hazardous waste, and remediation 
     of releases of hazardous substances;
       ``(H) regulation of the use of herbicides and pesticides; 
     and
       ``(I) enforcement of public health and safety standards, 
     including standards for the protection of workers, well 
     construction and codes governing the construction of bridges, 
     buildings, and other structures.

[[Page S9762]]

       ``(11) Savings clause, state authority.--
       ``(A) Nothing in this subsection shall be construed to 
     grant Tribal authority over private or State-owned lands.
       ``(B) To the extent that the State of Oregon is regulating 
     the foregoing areas pursuant to a delegated Federal authority 
     or a Federal program, nothing in this subsection shall be 
     construed to enlarge or diminish the State's authority under 
     such law.
       ``(C) Where both the State of Oregon and the United States 
     are regulating, nothing herein shall be construed to alter 
     their respective authorities.
       ``(D) To the extent that Federal law authorizes the 
     Coquille Indian Tribe to assume regulatory authority over an 
     area, nothing herein shall be construed to enlarge or 
     diminish the Tribe's authority to do so under such law.
       ``(E) Unless and except to the extent that the Tribe has 
     assumed jurisdiction over the Coquille Forest pursuant to 
     Federal law, or otherwise with the consent of the State, the 
     State of Oregon shall have jurisdiction and authority to 
     enforce its laws addressing the subjects listed in 
     subparagraph 10 of this subsection on the Coquille Forest 
     against the Coquille Indian Tribe, its members and all other 
     persons and entities, in the same manner and with the same 
     remedies and protections and appeal rights as otherwise 
     provided by general Oregon law. Where the State of Oregon and 
     Coquille Indian Tribe agree regarding the exercise of tribal 
     civil regulatory jurisdiction over activities on the Coquille 
     Forest lands, the Tribe may exercise such jurisdiction as is 
     agreed upon.
       ``(12) In the event of a conflict between Federal and State 
     law under this subsection, Federal law shall control.''.
                TITLE VI--BULL RUN WATERSHED PROTECTION

     SEC. 601. SECTION 2(a) OF PUBLIC LAW 95-200 AMENDED.

       The first sentence of section 2(a) of Public Law 95-200 is 
     amended after ``referred to in this subsection (a)'' by 
     striking ``2(b)'' and inserting in lieu thereof ``2(c)''.

     SEC. 602. SECTION 2(b) OF PUBLIC LAW 95-200 AMENDED.

       The first sentence of section 2(b) of Public Law 95-200 is 
     amended after ``the policy set forth in subsection (a)'' by 
     inserting ``and (b)''.

     SEC. 603. SECTION 2(b) REDESIGNATION.

       Section 2(b) of Public Law 95-200 is redesignated as 
     ``2(c)''.

     SEC. 604. TIMBER CUTTING.

       (a) 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, including certain lands within 
     the unit and located below the headworks of the city of 
     Portland, Oregon's water storage and delivery project, and as 
     depicted in a map dated July 22, 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 paragraph (1).
       ``(B) Permitted cutting.--Subject to subparagraph (C), the 
     Secretary may only allow the cutting of trees in the area 
     described in paragraph (1)--
       ``(i) for the protection or enhancement of water quality in 
     the area described in paragraph (1); or
       ``(ii) for the protection, enhancement, or maintenance of 
     water quantity available from the area described in paragraph 
     (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 paragraph 
     (1).''.
       (b) Redesignate subsequent subsection of Public Law 95-200 
     accordingly.

     SEC. 605. REPORT TO CONGRESS.

       (a) The Secretary of Agriculture shall, in consultation 
     with the city of Portland and other affected parties, 
     undertake a study of that part of the Little Sandy Watershed 
     that is within the unit (hereinafter referred to as the 
     ``study area''), as depicted on the map described in section 
     604 of this title.
       (b) The study referred to in subsection (a) shall 
     determine--
       (1) the impact of management activities within the study 
     area on the quality of drinking water provided to the 
     Portland metropolitan area;
       (2) the identity and location of certain ecological 
     features within the study area, including late successional 
     forest characteristics, aquatic and terrestrial wildlife 
     habitat, significant hydrological values, or other 
     outstanding natural features; and
       (3) the location and extent of any significant cultural or 
     other values within the study area.
       (c) The study referred to in subsection (a) shall include 
     both legislative and regulatory recommendations to Congress 
     on the future management of the study area. In formulating 
     such recommendations, the Secretary shall consult with the 
     city of Portland and other affected parties.
       (d) To the greatest extent possible, the Secretary shall 
     use existing data and processes to carry out this study and 
     report.
       (e) The study referred to in subsection (a) shall be 
     submitted to the Senate Committees on Energy and Natural 
     Resources and Agriculture and the House Committees on 
     Resources and Agriculture not later than one year from the 
     date of enactment of this section.
       (f) The Secretary is prohibited from advertising, offering 
     or awarding any timber sale within the study area for a 
     period of two years after the date of enactment of this 
     section.
       (g) Nothing in this section shall in any way affect any 
     State or Federal law governing appropriation, use of or 
     Federal right to water on or flowing through National Forest 
     System lands. Nothing in this section is intended to 
     influence the relative strength of competing claims to the 
     waters of the Little Sandy River. Nothing in this section 
     shall be construed to expand or diminish Federal, State, or 
     local jurisdiction, responsibility, interests, or rights in 
     water resources development or control, including rights in 
     and current uses of water resources in the unit.

     SEC. 606. LANDS WITHIN BULL RUN MANAGEMENT UNIT.

       Lands within the Bull Run Management Unit, as defined in 
     Public Law 95-200, but not contained within the Bull Run 
     River Drainage, as defined by this title and as depicted on 
     the map dated July 1996 described in section 604 of this 
     title, shall continue to be managed in accordance with Public 
     Law 95-200.
            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 August 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) All 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, and presently under the jurisdiction of the Bureau 
     of Land Management, are hereby designated as wilderness, 
     shall become part of the Oregon Islands National Wildlife 
     Refuge and the Oregon Islands Wilderness and shall be under 
     the jurisdiction of the United States Fish and Wildlife 
     Service, Department of the Interior.
       (d) 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.
       (e) Public Land Order 6287 of June 16, 1982, which withdrew 
     certain rocks, reefs, islets and islands lying within three 
     geographic miles off the coast of Oregon and above mean high 
     tide, including the ninety-five acres described in subsection 
     (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 (Secretaries) 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 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

[[Page S9763]]

     wildlife (including any federally listed threatened or 
     endangered species); protection of drinking water supplies; 
     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; and
       (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.
       (b) Matters for Specific Study.--In analyzing land exchange 
     opportunities with ULEP, the Secretaries shall give priority 
     to assisting ULEP's ongoing efforts in--
       (1) studying, identifying and mapping areas where the 
     consolidation of land ownership via land exchanges could 
     promote the goals of long term species protection, including 
     the goals of the Endangered Species Act of 1973 more 
     effectively than current land ownership patterns and whether 
     any changes in law or policy applicable to such lands after 
     consummation of an exchange would be advisable or necessary 
     to achieve such goals;
       (2) studying, identifying and mapping areas where land 
     exchanges might be utilized to better satisfy the goals of 
     sustainable timber harvest, including studying whether 
     changes in existing law or policy applicable to such lands 
     after consummation of an exchange would be advisable or 
     necessary to achieve such goals;
       (3) identifying issues and studying options and 
     alternatives, including possible changes in existing law or 
     policy, to insure that combined post-exchange revenues to 
     units of local government from State and local property, 
     severance and other taxes or levies and shared Federal land 
     receipts will approximate pre-exchange revenues;
       (4) identifying issues and studying whether possible 
     changes in law, special appraisal instruction, or changes in 
     certain Federal appraisal procedures might be advisable or 
     necessary to facilitate the appraisal of potential exchange 
     lands which may have special characteristics or restrictions 
     affecting land values;
       (5) identifying issues and studying options and 
     alternatives, including changes in existing laws or policy, 
     for achieving land exchanges without reducing the net supply 
     of timber available to small businesses;
       (6) identifying, mapping, and recommending potential 
     changes in land use plans, land classifications, or other 
     actions which might be advisable or necessary to expedite, 
     facilitate or consummate land exchanges in certain areas; and
       (7) analyzing potential sources for new or enhanced 
     Federal, State or other funding to promote improved resource 
     protection, species recovery, and management in the basin.

     SEC. 802. REPORT TO CONGRESS.

       No later than February 1, 1998, ULEP and the Secretaries 
     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, 
     recommendations, mapping and other activities conducted 
     pursuant to this title.

     SEC. 803. AUTHORIZATION OF APPROPRIATIONS.

       In furtherance of the purposes of this title, there is 
     hereby authorized to be appropriated the sum of $2,000,000, 
     to remain available until expended.

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