[Congressional Record Volume 171, Number 132 (Thursday, July 31, 2025)]
[Senate]
[Pages S5131-S5132]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3394. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the bill S. 2296, to authorize appropriations for fiscal year
2026 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 F of title X, add the following:
SEC. 1067. ADDITIONS TO THE SMITH RIVER NATIONAL RECREATION
AREA.
(a) Definitions.--Section 3 of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-1) is amended--
(1) in paragraph (1), by striking ``referred to in section
4(b)'' and inserting ``entitled `Proposed Smith River
National Recreation Area' and dated July 1990''; and
(2) in paragraph (2), by striking ``the Six Rivers National
Forest'' and inserting ``an applicable unit of the National
Forest System''.
(b) Boundaries.--Section 4(b) of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-2(b)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting ``and on the map
entitled `Proposed Additions to the Smith River National
Recreation Area' and dated January 23, 2023'' after ``1990'';
and
(B) in the second sentence, by striking ``map'' and
inserting ``maps''; and
(2) in paragraph (2), by striking ``map'' and inserting
``maps described in paragraph (1)''.
(c) Administration.--Section 5 of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-3) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the first sentence, by striking
``the map'' and inserting ``the maps''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``area shall be on''
and inserting ``area and any portion of the recreation area
in the State of Oregon shall be on roadless''; and
(ii) by adding at the end the following:
``(I) The Kalmiopsis Wilderness shall be managed in
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.).'';
(2) in subsection (c), by striking ``by the amendments made
by section 10(b) of this Act'' and inserting ``within the
recreation area''; and
(3) by adding at the end the following:
``(d) Study; Report.--
``(1) In general.--Not later than 5 years after the date of
enactment of this subsection, the Secretary shall conduct a
study of the area depicted on the map entitled `Proposed
Additions to the Smith River National Recreation Area' and
dated January 23, 2023, that includes inventories and
assessments of streams, fens, wetlands, lakes, other water
features, and associated land, plants (including Port-Orford-
cedar), animals, fungi, algae, and other values, and unstable
and potentially unstable aquatic habitat areas in the study
area.
``(2) Modification of management plans; report.--On
completion of the study under paragraph (1), the Secretary
shall--
``(A) modify any applicable management plan to fully
protect the inventoried values under the study, including to
implement additional standards and guidelines; and
``(B) submit to Congress a report describing the results of
the study.
``(e) Wildfire Management.--Nothing in this Act affects the
authority of the Secretary (in cooperation with other
Federal, State, and local agencies, as appropriate) to
conduct wildland fire operations within the recreation area,
consistent with the purposes of this Act.
``(f) Vegetation Management.--Nothing in this Act prohibits
the Secretary from conducting vegetation management projects
(including wildfire resiliency and forest health projects)
within the recreation area, to the extent consistent with the
purposes of the recreation area.
``(g) Application of Northwest Forest Plan and Roadless
Rule to Certain Portions of the Recreation Area.--Nothing in
this Act affects the application of the Northwest Forest Plan
or part 294 of title 36, Code of Federal Regulations
(commonly referred to as the `Roadless Rule') (as in effect
on the date of enactment of this subsection), to portions of
the recreation area in the State of Oregon that are subject
to the plan and those regulations as of the date of enactment
of this subsection.
``(h) Protection of Tribal Rights.--
``(1) In general.--Nothing in this Act diminishes any right
of an Indian Tribe.
``(2) Memorandum of understanding.--The Secretary shall
seek to enter into a memorandum of understanding with
applicable Indian Tribes with respect to--
``(A) providing the Indian Tribes with access to the
portions of the recreation area in the State of Oregon to
conduct historical and cultural activities, including the
procurement of noncommercial forest products and materials
for traditional and cultural purposes; and
``(B) the development of interpretive information to be
provided to the public on the history of the Indian Tribes
and the use of the recreation area by the Indian Tribes.''.
(d) Acquisition.--Section 6(a) of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-4(a)) is amended--
(1) in the fourth sentence, by striking ``All lands'' and
inserting the following:
``(4) Applicable law.--All land'';
(2) in the third sentence--
(A) by striking ``The Secretary'' and inserting the
following:
``(3) Method of acquisition.--The Secretary'';
(B) by striking ``or any of its political subdivisions''
and inserting ``, the State of Oregon, or any political
subdivision of the State of California or the State of
Oregon''; and
(C) by striking ``donation or'' and inserting ``purchase,
donation, or'';
(3) in the second sentence, by striking ``In exercising''
and inserting the following:
``(2) Consideration of offers by secretary.--In
exercising'';
(4) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) In general.--The Secretary''; and
(5) by adding at the end the following:
``(5) Acquisition of cedar creek parcel.--On the adoption
of a resolution by the State Land Board of Oregon and subject
to available funding, the Secretary shall acquire all right,
title, and interest in and to the approximately 555 acres of
land known as the `Cedar Creek Parcel' located in sec. 16, T.
41 S., R. 11 W., Willamette Meridian.''.
(e) Fish and Game.--Section 7 of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-5) is amended--
(1) in the first sentence, by inserting ``or the State of
Oregon'' after ``State of California''; and
(2) in the second sentence, by inserting ``or the State of
Oregon, as applicable'' after ``State of California''.
(f) Management Planning.--Section 9 of the Smith River
National Recreation Area Act (16 U.S.C. 460bbb-7) is
amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(a) Revision of Management Plan.--The Secretary''; and
(2) by adding at the end the following:
``(b) Smith River National Recreation Area Management Plan
Revision.--As soon as practicable after the date of the first
revision of the forest plan after the date of enactment of
this subsection, the Secretary shall revise the management
plan for the recreation area--
``(1) to reflect the expansion of the recreation area into
the State of Oregon under section 1067 of the National
Defense Authorization Act for Fiscal Year 2026; and
``(2) to include an updated recreation action schedule to
identify specific use and development plans for the areas
described in the map entitled `Proposed Additions to the
Smith River National Recreation Area' and dated January 23,
2023.''.
(g) Streamside Protection Zones.--Section 11(b) of the
Smith River National Recreation Area Act (16 U.S.C. 460bbb-
8(b)) is amended by adding at the end the following:
``(24) Each of the river segments described in subparagraph
(B) of section 3(a)(92) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)(92)).''.
(h) State and Local Jurisdiction and Assistance.--Section
12 of the Smith River National Recreation Area Act (16 U.S.C.
460bbb-9) is amended--
(1) in subsection (a), by striking ``California or any
political subdivision thereof'' and inserting ``California,
the State of Oregon, or a political subdivision of the State
of California or the State of Oregon'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``California or its political subdivisions''
and inserting ``California, the State of Oregon, or a
political subdivision of the State of California or the State
of Oregon''; and
(3) in subsection (c), in the first sentence--
(A) by striking ``California and its political
subdivisions'' and inserting ``California, the State of
Oregon, and any political subdivision of the State of
California or the State of Oregon''; and
(B) by striking ``State and its political subdivisions''
and inserting ``State of California, the State of Oregon, and
any political subdivision of the State of California or the
State of Oregon''.
SEC. 1068. WILD AND SCENIC RIVER DESIGNATIONS, OREGON.
(a) North Fork Smith Additions, Oregon.--
(1) Finding.--Congress finds that the source tributaries of
the North Fork Smith River in the State of Oregon possess
outstandingly remarkable wild anadromous fish and
prehistoric, cultural, botanical, recreational, and water
quality values.
[[Page S5132]]
(2) Designation.--Section 3(a)(92) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(92)) is amended--
(A) in subparagraph (B), by striking ``scenic'' and
inserting ``wild'';
(B) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and indenting
appropriately;
(C) in the matter preceding clause (i) (as so
redesignated), by striking ``The 13-mile'' and inserting the
following:
``(A) In general.--The 13-mile''; and
(D) by adding at the end the following:
``(B) Additions.--The following segments of the source
tributaries of the North Fork Smith River, to be administered
by the Secretary of Agriculture in the following classes:
``(i) The 13.26-mile segment of Baldface Creek from its
headwaters, including all perennial tributaries, to the
confluence with the North Fork Smith in T. 39 S., R 10 W., T.
40 S., R. 10 W., and T. 41 S., R. 11 W., Willamette Meridian,
as a wild river.
``(ii) The 3.58-mile segment from the headwaters of Taylor
Creek to the confluence with Baldface Creek, as a wild river.
``(iii) The 4.38-mile segment from the headwaters of the
unnamed tributary to Biscuit Creek and the headwaters of
Biscuit Creek to the confluence with Baldface Creek, as a
wild river.
``(iv) The 2.27-mile segment from the headwaters of Spokane
Creek to the confluence with Baldface Creek, as a wild river.
``(v) The 1.25-mile segment from the headwaters of Rock
Creek to the confluence with Baldface Creek, flowing south
from sec. 19, T. 40 S., R. 10 W., Willamette Meridian, as a
wild river.
``(vi) The 1.31-mile segment from the headwaters of the
unnamed tributary number 2 to the confluence with Baldface
Creek, flowing north from sec. 27, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
``(vii) The 3.6-mile segment from the 2 headwaters of the
unnamed tributary number 3 to the confluence with Baldface
Creek, flowing south from secs. 9 and 10, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
``(viii) The 1.57-mile segment from the headwaters of the
unnamed tributary number 4 to the confluence with Baldface
Creek, flowing north from sec. 26, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
``(ix) The 0.92-mile segment from the headwaters of the
unnamed tributary number 5 to the confluence with Baldface
Creek, flowing north from sec. 13, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
``(x) The 4.90-mile segment from the headwaters of Cedar
Creek to the confluence with North Fork Smith River, as a
wild river.
``(xi) The 2.38-mile segment from the headwaters of
Packsaddle Gulch to the confluence with North Fork Smith
River, as a wild river.
``(xii) The 2.4-mile segment from the headwaters of
Hardtack Creek to the confluence with North Fork Smith River,
as a wild river.
``(xiii) The 2.21-mile segment from the headwaters of the
unnamed creek to the confluence with North Fork Smith River,
flowing east from sec. 29, T. 40 S., R. 11 W., Willamette
Meridian, as a wild river.
``(xiv) The 3.06-mile segment from the headwaters of Horse
Creek to the confluence with North Fork Smith River, as a
wild river.
``(xv) The 2.61-mile segment of Fall Creek from the Oregon
State border to the confluence with North Fork Smith River,
as a wild river.
``(xvi)(I) Except as provided in subclause (II), the 4.57-
mile segment from the headwaters of North Fork Diamond Creek
to the confluence with Diamond Creek, as a wild river.
``(II) Notwithstanding subclause (I), the portion of the
segment described in that subclause that starts 100 feet
above Forest Service Road 4402 and ends 100 feet below Forest
Service Road 4402 shall be administered as a scenic river.
``(xvii) The 1.02-mile segment from the headwaters of
Diamond Creek to the Oregon State border in sec. 14, T. 40
S., R. 10 W., Willamette Meridian, as a wild river.
``(xviii) The 1.14-mile segment from the headwaters of
Acorn Creek to the confluence with Horse Creek, as a wild
river.
``(xix) The 8.58-mile segment from the headwaters of Chrome
Creek to the confluence with North Fork Smith River, as a
wild river.
``(xx) The 2.98-mile segment from the headwaters Chrome
Creek tributary number 1 to the confluence with Chrome Creek,
0.82 miles upstream from the mouth of Chrome Creek in the
Kalmiopsis Wilderness, flowing south from sec. 15, T. 40 S.,
R. 11 W., Willamette Meridian, as a wild river.
``(xxi) The 2.19-mile segment from the headwaters of Chrome
Creek tributary number 2 to the confluence with Chrome Creek,
3.33 miles upstream from the mouth of Chrome Creek in the
Kalmiopsis Wilderness, flowing south from sec. 12, T. 40 S.,
R. 11 W., Willamette Meridian, as a wild river.
``(xxii) The 1.27-mile segment from the headwaters of
Chrome Creek tributary number 3 to the confluence with Chrome
Creek, 4.28 miles upstream from the mouth of Chrome Creek in
the Kalmiopsis Wilderness, flowing north from sec. 18, T. 40
S., R. 10 W., Willamette Meridian, as a wild river.
``(xxiii) The 2.27-mile segment from the headwaters of
Chrome Creek tributary number 4 to the confluence with Chrome
Creek, 6.13 miles upstream from the mouth of Chrome Creek,
flowing south from Chetco Peak in the Kalmiopsis Wilderness
in sec. 36, T. 39 S., R. 11 W., Willamette Meridian, as a
wild river.
``(xxiv) The 0.6-mile segment from the headwaters of Wimer
Creek to the border between the States of Oregon and
California, flowing south from sec. 17, T. 41 S., R. 10 W.,
Willamette Meridian, as a wild river.''.
(b) Expansion of Smith River, Oregon.--Section 3(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking paragraph (111) and inserting the following:
``(111) Smith river, california and oregon.--The segment
from the confluence of the Middle Fork Smith River and the
North Fork Smith River to the Six Rivers National Forest
boundary, including the following segments of the mainstem
and certain tributaries, to be administered by the Secretary
of Agriculture in the following classes:
``(A) Mainstem.--The segment from the confluence of the
Middle Fork Smith River and the South Fork Smith River to the
Six Rivers National Forest boundary, as a recreational river.
``(B) Rowdy creek.--
``(i) Upper.--The segment from and including the headwaters
to the California-Oregon State line, as a wild river.
``(ii) Lower.--The segment from the California-Oregon State
line to the Six Rivers National Forest boundary, as a
recreational river.''.
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