[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[House]
[Pages 6515-6517]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      COPPER SALMON WILDERNESS ACT

  Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3513) to amend the Oregon Wilderness Act of 1984 to 
designate the

[[Page 6516]]

Copper Salmon Wilderness and to amend the Wild and Scenic Rivers Act to 
designate segments of the North and South Forks of the Elk River in the 
State of Oregon as wild or scenic rivers, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3513

       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 ``Copper Salmon Wilderness Act 
     of 2008''.

     SEC. 2. DESIGNATION OF THE COPPER SALMON WILDERNESS.

       (a) Designation.--Section 3 of the Oregon Wilderness Act of 
     1984 (16 U.S.C. 1132 note; Public Law 98-328) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``eight hundred fifty-nine thousand six hundred acres'' and 
     inserting ``871,593 acres'';
       (2) in paragraph (29), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(30) certain land in the Siskiyou National Forest, 
     comprising approximately 11,922 acres, as generally depicted 
     on the map entitled `Copper Salmon Wilderness Proposal' and 
     dated April 1, 2008, to be known as the `Copper Salmon 
     Wilderness'.''.
       (b) Maps and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Agriculture (referred 
     to in this Act as the ``Secretary'') shall file a map and a 
     legal description of the Copper Salmon Wilderness with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this Act, except that the Secretary may 
     correct typographical errors in the map and legal 
     description.
       (3) Boundary.--If the boundary of the Copper Salmon 
     Wilderness shares a border with a road, the Secretary may 
     only establish an offset that is not more than 150 feet from 
     the centerline of the road.
       (4) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Forest 
     Service.

     SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, 
                   OREGON.

       Section 3(a)(76) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)(76)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``19-mile segment'' and inserting ``28.2-mile segment'';
       (2) in subparagraph (A), by striking ``; and'' and 
     inserting a period; and
       (3) by striking subparagraph (B) and inserting the 
     following:
       ``(B)(i) The approximately 0.6-mile segment of the North 
     Fork Elk from its source in sec. 21, T. 33 S., R. 12 W., 
     Willamette Meridian, downstream to 0.01 miles below Forest 
     Service Road 3353, as a scenic river.
       ``(ii) The approximately 5.5-mile segment of the North Fork 
     Elk from 0.01 miles below Forest Service Road 3353 to its 
     confluence with the South Fork Elk, as a wild river.
       ``(C)(i) The approximately 0.9-mile segment of the South 
     Fork Elk from its source in the southeast quarter of sec. 32, 
     T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 
     miles below Forest Service Road 3353, as a scenic river.
       ``(ii) The approximately 4.2-mile segment of the South Fork 
     Elk from 0.01 miles below Forest Service Road 3353 to its 
     confluence with the North Fork Elk, as a wild river.''.

     SEC. 4. PROTECTION OF TRIBAL RIGHTS.

       (a) In General.--Nothing in this Act shall be construed as 
     diminishing any right of any Indian tribe.
       (b) Memorandum of Understanding.--The Secretary shall seek 
     to enter into a memorandum of understanding with the Coquille 
     Indian Tribe regarding access to the Copper Salmon Wilderness 
     to conduct historical and cultural activities.

     SEC. 5. DESIGNATION OF POTENTIAL WILDERNESS AREA, SISKIYOU 
                   NATIONAL FOREST, OREGON.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain National 
     Forest System land in the State of Oregon administered by the 
     Forest Service as part of the Siskiyou National Forest and 
     compromising approximately 1,708 acres, as generally depicted 
     on the map entitled ``Copper Salmon Wilderness Proposal'' and 
     dated April 1, 2008, are designated as a potential wilderness 
     area for eventual inclusion in the Copper Salmon Wilderness 
     designated by paragraph (30) of section 3 of the Oregon 
     Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-
     328), as added by section 2.
       (b) Map and Legal Description.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary 
     shall file with the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a map and legal description 
     of potential wilderness area designated by subsection (a). 
     The map and legal description shall have the same force and 
     effect as if included in this Act, except that the Secretary 
     may correct clerical and typographical errors in the map and 
     description. In the case of any discrepancy between the 
     acreage specified in subsection (a) and the map, the map 
     shall control. The map and legal description shall be on file 
     and available for public inspection in the Office of the 
     Chief of the Forest Service.
       (c) Management.--Except as provided in subsection (d) and 
     subject to valid existing rights, the Secretary shall manage 
     the potential wilderness area designated by subsection (a) as 
     wilderness until its designated as wilderness under 
     subsection (e).
       (d) Ecological Restoration.--
       (1) In general.--For the purposes of implementing the 
     planned ecological restoration approved by the Decision 
     Notice and Finding of No Significant Impact for the 
     Environmental Assessment for the Coastal Healthy Forest 
     Treatments, dated May 25, 2007, the Secretary may use 
     motorized equipment and mechanized transport in the potential 
     wilderness area until its designated as wilderness under 
     subsection (e).
       (2) Limitation.--To the maximum extent practicable, the 
     Secretary shall use the minimum tool or administrative 
     practice necessary to accomplish ecological restoration under 
     paragraph (1) with the least amount of adverse impact on 
     wilderness character and resources.
       (e) Eventual Wilderness Designation.--The potential 
     wilderness area designated by subsection (a) shall be 
     designated as wilderness on the earlier of--
       (1) the date on which the Secretary publishes in the 
     Federal Register notice that the conditions in the potential 
     wilderness area that are incompatible with the Wilderness Act 
     (16 U.S.C. 1131 et seq.) have been removed; or
       (2) the date that is 10 years after the date of the 
     enactment of this Act.
       (f) Incorporation Into Copper Salmon Wilderness; 
     Administration.--On its designation as wilderness under 
     subsection (e), the potential wilderness area designated by 
     subsection (a) shall be--
       (1) incorporated into the Copper Salmon Wilderness; and
       (2) administered in accordance with the Wilderness Act, the 
     Oregon Wilderness Act of 1984, and other laws applicable to 
     the Copper Salmon Wilderness, except that, with respect to 
     the potential wilderness area, any reference in the 
     Wilderness Act to the effective date of that Act shall be 
     deemed to be a reference to the date on which the lands are 
     designated as wilderness under subsection (e).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
West Virginia (Mr. Rahall) and the gentleman from Tennessee (Mr. 
Duncan) each will control 20 minutes.
  The Chair recognizes the gentleman from West Virginia.


                             General Leave

  Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  Mr. RAHALL. Mr. Speaker, today the House of Representatives starts 
our celebration of Earth Day with the consideration of two measures to 
designate wilderness on Federal lands in opposite ends of the country, 
Oregon, and in my home State of West Virginia.
  As chairman of the Committee on Natural Resources, I think it 
appropriate to recognize that in many places of this great Nation of 
ours, there remain areas with special features, unique landscapes 
teeming with wildlife that deserve and command conservation.
  The pending measure, introduced by our colleague, Representative 
Peter DeFazio, would designate portions of the National Forest System 
land in Oregon as wilderness and potential wilderness, and designate 
segments of the Elk River as wild and scenic.
  These areas include some of the last remaining stands of Port Orford 
Cedars in the Elk River watershed. Furthermore, the fisheries of the 
Elk River are known as one of the best salmon and steelhead producers 
in the continental United States.
  This bill has broad support from the Governor of Oregon, the Curry 
County Commission, the Mayor of Port Orford, the Port Orford Chamber of 
Commerce, the Friends of the Elk River, Trout Unlimited, and the 
American Fisheries Society, the Oregon Chapter.
  I wish to commend our colleague, a member of our Natural Resources 
Committee and our Transportation and Infrastructure Committee, 
Representative DeFazio, for his outstanding work on this bill.

[[Page 6517]]

  I support H.R. 3513.
  I reserve the balance of my time.
  Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume, 
and I will simply rise to say this: I believe that Chairman Rahall has 
adequately described this bill.
  I reserve the balance of my time.
  Mr. RAHALL. I have no further requests for time. We're ready to yield 
back if the gentleman from Tennessee is.
  Mr. DUNCAN. I have no further speakers, and I yield back the balance 
of my time.
  Mr. DeFAZIO. Mr. Speaker, today I rise in strong support of H.R. 
3513, the Copper Salmon Wilderness Act.
  The Copper Salmon Wilderness Act would permanently protect nearly 
13,000 acres in the headwaters of the Elk River on the southern coast 
of Oregon, and designate more than 11 additional miles of the river as 
either Wild or Scenic under the Wild and Scenic Rivers Act. This 
legislation would protect some of the last remaining stands of Port-
Orford-cedar in the Elk River watershed, which has the distinction as 
one of the most productive salmon and steelhead rivers outside of 
Alaska. This is rugged, wild territory, and I am hopeful that it may 
finally become wilderness in the 110th Congress:
  Renowned among fishermen, the Elk River watershed is one of the last 
intact watersheds on the southwest Oregon Coast and is widely regarded 
as Oregon's last, best coastal salmon and steelhead stream. Oregon 
State University researchers have concluded that the Elk River is one 
of the healthiest habitats in the lower 48 states for anadromous fish, 
and the stream is home to chinook salmon, winter steelhead, coho 
salmon, cutthroat trout, and rainbow trout.
  One of the things about this legislation about which I am most proud 
is that diverse stakeholders have been working together for more than a 
decade to gain broad support for protecting the Copper Salmon area. 
H.R. 3513 enjoys backing from Curry County Commissioners, local elected 
officials, the local Chamber of Commerce, hunting and fishing groups, 
tribes, the timber industry, and all local conservation groups. This is 
a model for the community-based consensus approach to designating 
wilderness.
  Copper Salmon is truly a rare coastal Oregon gem. It is almost 
entirely intact ancient forest, which supports healthy fish runs and 
great elk herds, blacktailed deer, bears, and other wildlife. It is 
adjacent to the existing Grassy Knob Wilderness, and combined, these 
two areas will be one of the largest intact areas of forest in the 
Coast Range. This is an area that deserves protection for the enjoyment 
of future generations.
  I am a proud advocate of protecting the Copper Salmon area, and urge 
my colleagues to join me in the passage of H.R. 3513, the Copper Salmon 
Wilderness Act.
  Mr. WU. Mr. Speaker, I rise today in support of H.R. 3513, the Copper 
Salmon Wilderness Act. This bill, introduced by my friend, colleague 
and Dean of the Oregon delegation, Mr. DeFazio, would set aside nearly 
13,000 acres in the headwaters of the Elk River on the southern coast 
of Oregon, and designate more than 11 additional miles of the river as 
either wild or scenic under the Wild and Scenic Rivers Act.
  The Copper Salmon area contains one of the Nation's largest remaining 
stands of low-elevation old-growth forest and in the north fork of the 
Elk, one of the healthiest salmon, steelhead, and cutthroat trout runs 
in the continental United States.
  Mr. Speaker, I cannot talk about the health of this great river 
without calling attention to the fact that the Pacific Coast salmon 
fishermen face one of the largest salmon fishery closures ever recorded 
in the United States. It is legislation like this that makes us realize 
the importance of looking into the future and to move in a direction 
that not only protects the fish, but also the local economy by 
providing habitat for more fish to flourish and survive into adulthood.
  Mr. Speaker, it was poor natural resource management that has helped 
to create our recent salmon disasters and this bill offers a chance to 
head in another direction. The Oregon delegation and their friends in 
California and Washington have worked hard, and worked collectively to 
make sure that both salmon and our fishermen are protected.
  I would like to thank you, Mr. Speaker, for your assistance in the 
past for disaster relief funds for our 1,200 salmon fishermen. I ask 
that you keep a watchful eye this season as the salmon fishermen of the 
Pacific face another closed season, another disaster declaration, and 
lost revenue.
  Mr. RAHALL. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from West Virginia (Mr. Rahall) that the House suspend the 
rules and pass the bill, H.R. 3513, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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