[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5356-S5358]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5894. Mr. MERKLEY (for himself, Mr. Wyden, Mrs. Feinstein, and Mr. 
Padilla) submitted an amendment intended to be proposed to amendment SA 
5499 submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to 
be proposed to the bill H.R. 7900, to authorize appropriations for 
fiscal year 2023 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1077. SMITH NATIONAL RECREATION AREA EXPANSION; 
                   EXPANSION OF CERTAIN COMPONENTS OF THE NATIONAL 
                   WILD AND SCENIC RIVERS SYSTEM.

       (a) Additions to the Smith River National Recreation 
     Area.--
       (1) Definitions.--Section 3 of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-1) is amended--
       (A) in paragraph (1), by striking ``referred to in section 
     4(b)'' and inserting ``entitled `Proposed Smith River 
     National Recreation Area' and dated July 1990''; and
       (B) in paragraph (2), by striking ``the Six Rivers National 
     Forest'' and inserting ``an applicable unit of the National 
     Forest System''.
       (2) Boundaries.--Section 4(b) of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-2(b)) is amended--
       (A) in paragraph (1)--
       (i) in the first sentence, by inserting ``and on the map 
     entitled `Proposed Additions to the Smith River National 
     Recreation Area' and dated November 14, 2019'' after 
     ``1990''; and
       (ii) in the second sentence, by striking ``map'' and 
     inserting ``maps''; and
       (B) in paragraph (2), by striking ``map'' and inserting 
     ``maps described in paragraph (1)''.
       (3) Administration.--Section 5 of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-3) is amended--
       (A) in subsection (b)--
       (i) in paragraph (1), in the first sentence, by striking 
     ``the map'' and inserting ``the maps''; and
       (ii) in paragraph (2)--

       (I) in subparagraph (A), by striking ``area shall be on'' 
     and inserting ``area and any portion of the recreation area 
     in the State of Oregon shall be on roadless''; and
       (II) by adding at the end the following:

       ``(I) The Kalmiopsis Wilderness shall be managed in 
     accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.).'';
       (B) in subsection (c), by striking ``by the amendments made 
     by section 10(b) of this Act'' and inserting ``within the 
     recreation area''; and

[[Page S5357]]

       (C) by adding at the end the following:
       ``(d) Study; Report.--
       ``(1) In general.--Not later than 5 years after the date of 
     enactment of this subsection, the Secretary shall conduct a 
     study of the area depicted on the map entitled `Proposed 
     Additions to the Smith River National Recreation Area' and 
     dated November 14, 2019, that includes inventories and 
     assessments of streams, fens, wetlands, lakes, other water 
     features, and associated land, plants (including Port-Orford-
     cedar), animals, fungi, algae, and other values, and unstable 
     and potentially unstable aquatic habitat areas in the study 
     area.
       ``(2) Modification of management plans; report.--On 
     completion of the study under paragraph (1), the Secretary 
     shall--
       ``(A) modify any applicable management plan to fully 
     protect the inventoried values under the study, including to 
     implement additional standards and guidelines; and
       ``(B) submit to Congress a report describing the results of 
     the study.'';
       ``(e) Wildfire Management.--Nothing in this Act affects the 
     authority of the Secretary (in cooperation with other 
     Federal, State, and local agencies, as appropriate) to 
     conduct wildland fire operations within the recreation area, 
     consistent with the purposes of this Act.
       ``(f) Vegetation Management.--Nothing in this Act prohibits 
     the Secretary from conducting vegetation management projects 
     (including wildfire resiliency and forest health projects) 
     within the recreation area, to the extent consistent with the 
     purposes of the recreation area.
       ``(g) Application of Northwest Forest Plan and Roadless 
     Rule to Certain Portions of the Recreation Area.--Nothing in 
     this Act affects the application of the Northwest Forest Plan 
     or part 294 of title 36, Code of Federal Regulations 
     (commonly referred to as the `Roadless Rule') (as in effect 
     on the date of enactment of this subsection), to portions of 
     the recreation area in the State of Oregon that are subject 
     to the plan and those regulations as of the date of enactment 
     of this subsection.
       ``(h) Protection of Tribal Rights.--
       ``(1) In general.--Nothing in this Act diminishes any right 
     of an Indian Tribe.
       ``(2) Memorandum of understanding.--The Secretary shall 
     seek to enter into a memorandum of understanding with 
     applicable Indian Tribes with respect to--
       ``(A) providing the Indian Tribes with access to the 
     portions of the recreation area in the State of Oregon to 
     conduct historical and cultural activities, including the 
     procurement of noncommercial forest products and materials 
     for traditional and cultural purposes; and
       ``(B) the development of interpretive information to be 
     provided to the public on the history of the Indian Tribes 
     and the use of the recreation area by the Indian Tribes.''.
       (4) Acquisition.--Section 6(a) of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-4(a)) is amended--
       (A) in the fourth sentence, by striking ``All lands'' and 
     inserting the following:
       ``(4) Applicable law.--All land'';
       (B) in the third sentence--
       (i) by striking ``The Secretary'' and inserting the 
     following:
       ``(3) Method of acquisition.--The Secretary'';
       (ii) by striking ``or any of its political subdivisions'' 
     and inserting ``, the State of Oregon, or any political 
     subdivision of the State of California or the State of 
     Oregon''; and
       (iii) by striking ``donation or'' and inserting ``purchase, 
     donation, or'';
       (C) in the second sentence, by striking ``In exercising'' 
     and inserting the following:
       ``(2) Consideration of offers by secretary.--In 
     exercising'';
       (D) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(1) In general.--The Secretary''; and
       (E) by adding at the end the following:
       ``(5) Acquisition of cedar creek parcel.--On the adoption 
     of a resolution by the State Land Board of Oregon and subject 
     to available funding, the Secretary shall acquire all right, 
     title, and interest in and to the approximately 555 acres of 
     land known as the `Cedar Creek Parcel' located in sec. 16, T. 
     41 S., R. 11 W., Willamette Meridian.''.
       (5) Fish and game.--Section 7 of the Smith River National 
     Recreation Area Act (16 U.S.C. 460bbb-5) is amended--
       (A) in the first sentence, by inserting ``or the State of 
     Oregon'' after ``State of California''; and
       (B) in the second sentence, by inserting ``or the State of 
     Oregon, as applicable'' after ``State of California''.
       (6) Management planning.--Section 9 of the Smith River 
     National Recreation Area Act (16 U.S.C. 460bbb-7) is 
     amended--
       (A) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(a) Revision of Management Plan.--The Secretary''; and
       (B) by adding at the end the following:
       ``(b) Smith River National Recreation Area Management Plan 
     Revision.--As soon as practicable after the date of the first 
     revision of the forest plan after the date of enactment of 
     this subsection, the Secretary shall revise the management 
     plan for the recreation area--
       ``(1) to reflect the expansion of the recreation area into 
     the State of Oregon under the James M. Inhofe National 
     Defense Authorization Act for Fiscal Year 2023; and
       ``(2) to include an updated recreation action schedule to 
     identify specific use and development plans for the areas 
     described in the map entitled `Proposed Additions to the 
     Smith River National Recreation Area' and dated November 14, 
     2019.''.
       (7) Streamside protection zones.--Section 11(b) of the 
     Smith River National Recreation Area Act (16 U.S.C. 460bbb-
     8(b)) is amended by adding at the end the following:
       ``(24) Each of the river segments described in subparagraph 
     (B) of section 3(a)(92) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)(92)).''.
       (8) State and local jurisdiction and assistance.--Section 
     12 of the Smith River National Recreation Area Act (16 U.S.C. 
     460bbb-9) is amended--
       (A) in subsection (a), by striking ``California or any 
     political subdivision thereof'' and inserting ``California, 
     the State of Oregon, or a political subdivision of the State 
     of California or the State of Oregon'';
       (B) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``California or its political subdivisions'' 
     and inserting ``California, the State of Oregon, or a 
     political subdivision of the State of California or the State 
     of Oregon''; and
       (C) in subsection (c), in the first sentence--
       (i) by striking ``California and its political 
     subdivisions'' and inserting ``California, the State of 
     Oregon, and any political subdivision of the State of 
     California or the State of Oregon''; and
       (ii) by striking ``State and its political subdivisions'' 
     and inserting ``State of California, the State of Oregon, and 
     any political subdivision of the State of California or the 
     State of Oregon''.
       (b) Wild and Scenic River Designations.--
       (1) North fork smith additions, oregon.--
       (A) Finding.--Congress finds that the source tributaries of 
     the North Fork Smith River in the State of Oregon possess 
     outstandingly remarkable wild anadromous fish and 
     prehistoric, cultural, botanical, recreational, and water 
     quality values.
       (B) Designation.--Section 3(a)(92) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)(92)) is amended--
       (i) in subparagraph (B), by striking ``scenic'' and 
     inserting ``wild'';
       (ii) by redesignating subparagraphs (A) through (C) as 
     clauses (i) through (iii), respectively, and indenting 
     appropriately;
       (iii) in the matter preceding clause (i) (as so 
     redesignated), by striking ``The 13-mile'' and inserting the 
     following:
       ``(A) In general.--The 13-mile''; and
       (iv) by adding at the end the following:
       ``(B) Additions.--The following segments of the source 
     tributaries of the North Fork Smith River, to be administered 
     by the Secretary of Agriculture in the following classes:
       ``(i) The 13.26-mile segment of Baldface Creek from its 
     headwaters, including all perennial tributaries, to the 
     confluence with the North Fork Smith in T. 39 S., R 10 W., T. 
     40 S., R. 10 W., and T. 41 S., R. 11 W., Willamette Meridian, 
     as a wild river.
       ``(ii) The 3.58-mile segment from the headwaters of Taylor 
     Creek to the confluence with Baldface Creek, as a wild river.
       ``(iii) The 4.38-mile segment from the headwaters of the 
     unnamed tributary to Biscuit Creek and the headwaters of 
     Biscuit Creek to the confluence with Baldface Creek, as a 
     wild river.
       ``(iv) The 2.27-mile segment from the headwaters of Spokane 
     Creek to the confluence with Baldface Creek, as a wild river.
       ``(v) The 1.25-mile segment from the headwaters of Rock 
     Creek to the confluence with Baldface Creek, flowing south 
     from sec. 19, T. 40 S., R. 10 W., Willamette Meridian, as a 
     wild river.
       ``(vi) The 1.31-mile segment from the headwaters of the 
     unnamed tributary number 2 to the confluence with Baldface 
     Creek, flowing north from sec. 27, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(vii) The 3.6-mile segment from the 2 headwaters of the 
     unnamed tributary number 3 to the confluence with Baldface 
     Creek, flowing south from secs. 9 and 10, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(viii) The 1.57-mile segment from the headwaters of the 
     unnamed tributary number 4 to the confluence with Baldface 
     Creek, flowing north from sec. 26, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(ix) The 0.92-mile segment from the headwaters of the 
     unnamed tributary number 5 to the confluence with Baldface 
     Creek, flowing north from sec. 13, T. 40 S., R. 10 W., 
     Willamette Meridian, as a wild river.
       ``(x) The 4.90-mile segment from the headwaters of Cedar 
     Creek to the confluence with North Fork Smith River, as a 
     wild river.
       ``(xi) The 2.38-mile segment from the headwaters of 
     Packsaddle Gulch to the confluence with North Fork Smith 
     River, as a wild river.
       ``(xii) The 2.4-mile segment from the headwaters of 
     Hardtack Creek to the confluence with North Fork Smith River, 
     as a wild river.
       ``(xiii) The 2.21-mile segment from the headwaters of the 
     unnamed creek to the confluence with North Fork Smith River, 
     flowing east from sec. 29, T. 40 S., R. 11 W., Willamette 
     Meridian, as a wild river.
       ``(xiv) The 3.06-mile segment from the headwaters of Horse 
     Creek to the confluence with North Fork Smith River, as a 
     wild river.
       ``(xv) The 2.61-mile segment of Fall Creek from the Oregon 
     State border to the confluence with North Fork Smith River, 
     as a wild river.

[[Page S5358]]

       ``(xvi)(I) Except as provided in subclause (II), the 4.57-
     mile segment from the headwaters of North Fork Diamond Creek 
     to the confluence with Diamond Creek, as a wild river.
       ``(II) Notwithstanding subclause (I), the portion of the 
     segment described in that subclause that starts 100 feet 
     above Forest Service Road 4402 and ends 100 feet below Forest 
     Service Road 4402 shall be administered as a scenic river.
       ``(xvii) The 1.02-mile segment from the headwaters of 
     Diamond Creek to the Oregon State border in sec. 14, T. 40 
     S., R. 10 W., Willamette Meridian, as a wild river.
       ``(xviii) The 1.14-mile segment from the headwaters of 
     Acorn Creek to the confluence with Horse Creek, as a wild 
     river.
       ``(xix) The 8.58-mile segment from the headwaters of Chrome 
     Creek to the confluence with North Fork Smith River, as a 
     wild river.
       ``(xx) The 2.98-mile segment from the headwaters Chrome 
     Creek tributary number 1 to the confluence with Chrome Creek, 
     0.82 miles upstream from the mouth of Chrome Creek in the 
     Kalmiopsis Wilderness, flowing south from sec. 15, T. 40 S., 
     R. 11 W., Willamette Meridian, as a wild river.
       ``(xxi) The 2.19-mile segment from the headwaters of Chrome 
     Creek tributary number 2 to the confluence with Chrome Creek, 
     3.33 miles upstream from the mouth of Chrome Creek in the 
     Kalmiopsis Wilderness, flowing south from sec. 12, T. 40 S., 
     R. 11 W., Willamette Meridian, as a wild river.
       ``(xxii) The 1.27-mile segment from the headwaters of 
     Chrome Creek tributary number 3 to the confluence with Chrome 
     Creek, 4.28 miles upstream from the mouth of Chrome Creek in 
     the Kalmiopsis Wilderness, flowing north from sec. 18, T. 40 
     S., R. 10 W., Willamette Meridian, as a wild river.
       ``(xxiii) The 2.27-mile segment from the headwaters of 
     Chrome Creek tributary number 4 to the confluence with Chrome 
     Creek, 6.13 miles upstream from the mouth of Chrome Creek, 
     flowing south from Chetco Peak in the Kalmiopsis Wilderness 
     in sec. 36, T. 39 S., R. 11 W., Willamette Meridian, as a 
     wild river.
       ``(xxiv) The 0.6-mile segment from the headwaters of Wimer 
     Creek to the border between the States of Oregon and 
     California, flowing south from sec. 17, T. 41 S., R. 10 W., 
     Willamette Meridian, as a wild river.''.
       (2) Expansion of smith river, oregon.--Section 3(a) of the 
     Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 
     striking paragraph (111) and inserting the following:
       ``(111) Smith river, california and oregon.--The segment 
     from the confluence of the Middle Fork Smith River and the 
     North Fork Smith River to the Six Rivers National Forest 
     boundary, including the following segments of the mainstem 
     and certain tributaries, to be administered by the Secretary 
     of Agriculture in the following classes:
       ``(A) Mainstem.--The segment from the confluence of the 
     Middle Fork Smith River and the South Fork Smith River to the 
     Six Rivers National Forest boundary, as a recreational river.
       ``(B) Rowdy creek.--
       ``(i) Upper.--The segment from and including the headwaters 
     to the California-Oregon State line, as a wild river.
       ``(ii) Lower.--The segment from the California-Oregon State 
     line to the Six Rivers National Forest boundary, as a 
     recreational river.''.
                                 ______