[Senate Report 104-314]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 489
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-314
_______________________________________________________________________


 
                OREGON RESOURCE CONSERVATION ACT OF 1996

                                _______
                                

                  July 2, 1996.--Ordered to be printed

   Filed under authority of the order of the Senate of June 27, 1996

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1662]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1662) to establish areas of wilderness 
and recreation in the State of Oregon, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oregon Resource Conservation Act of 
1996''.

       TITLE I--OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA

SEC. 101. SHORT TITLE.

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

SEC. 102. DEFINITIONS.

    In this title:
          (1) Bull of the woods wilderness.--The term ``Bull of the 
        Woods Wilderness'' means the land designated as wilderness by 
        section 3(4) of the Oregon Wilderness Act of 1984 (Public Law 
        98-328; 16 U.S.C. 1132 note).
          (2) Opal creek wilderness.--The term ``Opal Creek 
        Wilderness'' means certain land in the Willamette National 
        Forest in the State of Oregon comprising approximately 12,800 
        acres, as generally depicted on the map entitled ``Proposed 
        Opal Creek Wilderness and Scenic Recreation Area'', dated June 
        1996.
          (3) Scenic recreation area.--The term ``Scenic Recreation 
        Area'' means the Opal Creek Scenic Recreation Area, comprising 
        approximately 13,000 acres, established under section 
        103(a)(3).
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.
          (5) Counties.--The term ``counties'' means Marion and 
        Clackamas Counties in the State of Oregon.

SEC. 103. ESTABLISHMENT OF OPAL CREEK WILDERNESS AND SCENIC RECREATION 
                    AREA.

    (a) Establishment.--On a determination by the Secretary under 
subsection (b)--
          (1) the Opal Creek Wilderness, as depicted on the map 
        described in Section 102(2), is hereby designated as 
        wilderness, subject to the Wilderness Act of 1964, shall become 
        a component of the National Wilderness System, and shall be 
        known as the Opal Creek Wilderness;
          (2) the part of the Bull of the Woods Wilderness that is 
        located in the Willamette National Forest shall be incorporated 
        into the Opal Creek Wilderness; and
          (3) the Secretary shall establish the Opal Creek Scenic 
        Recreation Area in the Willamette National Forest in the State 
        of Oregon, comprising approximately 13,000 acres, as generally 
        depicted on the map entitled ``Proposal Opal Creek Wilderness 
        and Scenic Recreation Area'', dated June 1996.
    (b) Conditions.--Subsection (a) shall not take effect unless the 
Secretary makes a determination, not later than 2 years after the date 
of enactment of this Act, that:
          (1) the following have been donated to the United States in 
        an acceptable condition and without encumbrances:
                  (A) All right, title, and interest in the following 
                patented parcels of land:
                          (i) Santiam Number 1, mineral survey number 
                        992, as described in patent number 39-92-0002, 
                        dated December 11, 1991.
                          (ii) Ruth Quartz Mine number 2, mineral 
                        survey number 994, as described in patent 
                        number 39-91-0012, dated February 12, 1991.
                          (iii) Morning Star Lode, mineral survey 
                        number 993, as described in patent number 36-
                        91-0011, dated February 12, 1991.
                  (B) all right, title, and interest held by any entity 
                other than the Times Mirror Land and Timber Company, 
                its successors and assigns, in and to lands located in 
                section 18, township 8 south, range 5 east, Marion 
                County, Oregon, Eureka numbers 6, 7, 8, and 13 mining 
                claims.
                  (C) A public easement across the Hewitt, Starvation, 
                and Poor Boy Mill Sites, mineral survey number 990, as 
                described in patent number 36-91-0017, dated May 9, 
                1991.
          (2) a binding agreement has been executed by the Secretary 
        and the owners of record as of March 29, 1996, of the following 
        parcels, specifying the terms and conditions for the 
        disposition of these parcels to the United States Government:
                  (A) The lode mining claims known as Princess Lode, 
                Black Prince Lode, and King Number 4 Lode, embracing 
                portions of sections 29 and 32, township 8 south, range 
                5 east, Willamette Meridian, Marion County, Oregon, the 
                claims being more particularly described in the field 
                notes and depicted on the plat of mineral survey number 
                887, Oregon.
                  (B) Ruth Quartz Mine Number 1, mineral survey number 
                994, as described in patent number 39-91-0012, dated 
                February 12, 1991.
    (c) Expansion of Scenic Recreation Area Boundaries.--On acquiring 
all or substantially all of the land located in section 36, township 8 
south, range 4 east, of the Willamette Meridian, Marion County, Oregon, 
by exchange, purchase on a willing seller basis, or donation, the 
Secretary shall expand the boundary of the Scenic Recreation Area to 
include the land.

SEC. 104. ADMINISTRATION OF THE SCENIC RECREATION AREA.

    (a) In General.--The Secretary shall administer the Scenic 
Recreation Area in accordance with the laws (including regulations) 
applicable to the National Forest System.
    (b) Opal Creek Management Plan.--
          (1) In general.--Not later than 2 years after the date of 
        establishment of the Scenic Recreation Area, the Secretary, in 
        consultation with the advisory committee established under 
        section 105(a), shall prepare a comprehensive Opal Creek 
        Management Plan for the Scenic Recreation Area.
          (2) Incorporation in land and resource management plan.--On 
        completion of the Opal Creek Management Plan, the Opal Creek 
        Management Plan shall become part of the land and resource 
        management plan for the Willamette National Forest and 
        supersede any conflicting provision in the land and resource 
        management plan.
          (3) Requirements.--The Opal Creek Management Plan shall 
        provide a broad range of land uses, including--
                  (A) recreation;
                  (B) harvesting of nontraditional forest products, 
                such as gathering mushrooms and material to make 
                baskets; and
                  (C) educational and research opportunities.
          (4) Plan amendments.--The Secretary may amend the Opal Creek 
        Management Plan as the Secretary may determine to be necessary, 
        consistent with the procedures and purposes of this title.
    (c) Cultural and Historic Resource Inventory.--
          (1) In general.--Not later than 1 year after the date of 
        establishment of the Scenic Recreation Area, the Secretary 
        shall review and revise the inventory of the cultural and 
        historic resources on the public land in the Scenic Recreation 
        Area that were developed pursuant to the Oregon Wilderness act 
        of 1984 (Public Law 98-328; 98 Stat. 272).
          (2) Interpretation.--Interpretive activities shall be 
        developed under the management plan in consultation with State 
        and local historic preservation organizations and shall include 
        a balanced and factually-based interpretation of the cultural, 
        ecological, and industrial history of forestry and mining in 
        the Scenic Recreation Area.
    (d) Transportation Planning.--
          (1) In general.--To maintain access to recreation sites and 
        facilities in existence on the date of enactment of this Act, 
        the Secretary shall prepare a transportation plan for the 
        Scenic Recreation Area that evaluates the road network within 
        the Scenic Recreation Area to determine which roads should be 
        retained and which roads closed.
          (2) Access by persons with disabilities.--The Secretary shall 
        consider the access needs of persons with disabilities in 
        preparing the transportation plan for the Scenic Recreation 
        Area.
          (3) Motor vehicles.--
                  (A) In general.--Except as provided in subparagraph 
                (B) and in the transportation plan under paragraph (1), 
                motorized vehicles shall not be permitted in the Scenic 
                Recreation Area.
                  (B) Exception.--Forest road 2009 beyond the gate to 
                the Scenic Recreation Area, as depicted on the map 
                described in section 103(a)(3), may be used by 
                motorized vehicles only for administrative purposes and 
                for access to a private inholding, subject to such 
                terms and conditions as the Secretary may determine to 
                be necessary.
          (4) Road improvement.--Any construction or improvement of 
        forest road 2209 beyond the gate to the Scenic Recreation Area 
        shall be only for the purpose of maintaining the character of 
        the road at the time of enactment and may not include paving 
        and widening.
    (e) Hunting and Fishing.--
          (1) In general.--Subject to other Federal and State law, the 
        Secretary shall permit hunting and fishing in the Scenic 
        Recreation Area.
          (2) Limitation.--The Secretary may designate zones in which, 
        and establish periods when, no hunting or fishing shall be 
        permitted for reasons of public safety, administration, or 
        public use and enjoyment.
          (3) Consultation.--Except during an emergency, as determined 
        by the Secretary, the Secretary shall consult with the Oregon 
        State Department of Fish and Wildlife before issuing any 
        regulation under this section.
    (f) Timber Cutting.--
          (1) In general.--Subject to paragraph (2), the Secretary 
        shall prohibit the cutting and/or selling of trees in the 
        Scenic Recreation Area.
          (2) Permitted cutting.--
                  (A) In general.--Subject to subparagraph (B), the 
                Secretary may allow the cutting of trees in the Scenic 
                Recreation Area only--
                          (i) for public safety, such as to control the 
                        spread of a forest fire in the Scenic 
                        Recreation Area or on land adjacent to the 
                        Scenic Recreation Area;
                          (ii) for activities related to administration 
                        of the Scenic Recreation Area, consistent with 
                        the Opal Creek Management Plan; or
                          (iii) for removal of hazard trees along 
                        trails and roadways.
                  (B) Salvage sales.--The Secretary may not allow a 
                salvage sale in the Scenic Recreation Area.
    (g) Withdrawal.--
          (1) Subject to valid existing rights, all lands in the Scenic 
        Recreation Area are withdrawn from--
                  (A) any form of entry, appropriation, or disposal 
                under the public land laws;
                  (B) location, entry, and patent under the mining 
                laws; and
                  (C) disposition under the mineral and geothermal 
                leasing laws.
    (h) Bornite Project.--
          (1) Nothing in this title shall be construed to interfere 
        with or approve any exploration, mining, or mining-related 
        activity in the Bornite Project Area conducted in accordance 
        with applicable laws. The Bornite Project Area is depicted on 
        the map described in Section 103(a)(3).
          (2) Nothing in this title shall be construed to interfere 
        with the ability of the Secretary to approve and issue special 
        use permits in connection with exploration, mining, and mining-
        related activities in the Bornite Project Area.
          (3) Motorized vehciles, roads, structures, and utilities 
        (including but not limited to power lines and water lines) 
        shall be allowed inside the Scenic-Recreation Area to serve the 
        activities conducted on land within the Bornite Project.
          (4) After the date of enactment of this title, no patent 
        shall be issued for any mining claim under the general mining 
        laws located within the Bornite Project Area.
    (i) Water Impoundments.--Notwithstanding the Federal Power Act (16 
U.S.C. 791a et seq.), the Federal Energy Regulatory Commission may not 
license the construction of any dam, water conduit, reservoir, 
powerhouse, transmission line, or other project work in the Scenic 
Recreation Area, except as may be necessary to comply with (h).
    (j) Recreation.--
          (1) Recognition.--Congress recognizes recreation as an 
        appropriate use of the Scenic Recreation Area.
          (2) Minimum levels.--The management plan shall accommodate 
        recreation at not less than the levels in existence on the date 
        of enactment of this Act.
          (3) Higher levels.--The management plan may provide for 
        levels of recreation use higher than the levels in existence on 
        the date of enactment of this Act if the levels are consistent 
        with the protection of resource values.
    (k) Participation.--In order that the knowledge, expertise, and 
views of all agencies and groups may contribute affirmatively to the 
most sensitive present and future use of the Scenic Recreation Area and 
its various subareas for the benefit of the public:
          (1) Advisory council.--The Secretary shall consult on a 
        periodic and regular basis with the advisory council 
        established under section 105 with respect to matters relating 
        to management of the Scenic Recreation Area.
          (2) Public participation.--The Secretary shall seek the views 
        of private groups, individuals, and the public concerning the 
        Scenic Recreation Area.
          (3) Other agencies.--The Secretary shall seek the views and 
        assistance of, and cooperate with, any other Federal, State, or 
        local agency with any responsibility for the zoning, planning, 
        or natural resources of the Scenic Recreation Area.
          (4) Nonprofit agencies and organizations.--The Secretary 
        shall seek the views of any nonprofit agency or organization 
        that may contribute information or expertise about the 
        resources and the management of the Scenic Recreation Area.

SEC. 105. ADVISORY COUNCIL.

    (a) Establishment.--On the establishment of the Scenic Recreation 
Area, the Secretary shall establish an advisory council for the Scenic 
Recreation Area.
    (b) Membership.--The advisory council shall consist of not more 
than 13 members, of whom--
          (1) 1 member shall represent Marion County, Oregon, and shall 
        be designated by the governing body of the county;
          (2) 1 member shall represent Clackamas County, Oregon and 
        shall be designated by the governing body of the county;
          (3) 1 member shall represent the State of Oregon and shall be 
        designated by the Governor of Oregon; and
          (4) 1 member each from the City of Salem and a city within a 
        25 mile radius of the Opal Creek Scenic-Recreation Area.
          (5) not more than 8 members shall be appointed by the 
        Secretary from among persons who, individually or through 
        association with a national or local organization, have an 
        interest in the administration of the Scenic Recreation Area, 
        including, but not limited to, representatives of the timber 
        industry, environmental organizations, the mining industry, 
        inholders in the wilderness and scenic-recreation area, and 
        economic development interests and Indian Tribes.
    (c) Staggered Terms.--Members of the advisory council shall serve 
for staggered terms of 3 years.
    (d) Chairman.--The Secretary shall designate 1 member of the 
advisory council as chairman.
    (e) Vacancies.--The Secretary shall fill a vacancy on the advisory 
council in the same manner as the original appointment.
    (f) Compensation.--A member of the advisory council shall not 
receive any compensation for the member's service to the advisory 
council.

SEC. 106. GENERAL PROVISIONS.

    (a) Land Acquisition.--
          (1) In general.--Subject to the other provisions of this 
        subsection, the Secretary may acquire any lands or interests in 
        land in the Scenic Recreation Area or the Opal Creek Wilderness 
        that the Secretary determines are needed to carry out this 
        title.
          (2) Public land.--Any lands or interests in land owned by a 
        State or a political subdivision of a State may be acquired 
        only by donation or exchange.
          (3) Condemnation.--Subject to paragraph (4), the Secretary 
        may not acquire any privately owned land or interest in land 
        without the consent of the owner unless the Secretary finds 
        that--
                  (A) the nature of land use has changed significantly, 
                or the landowner has demonstrated intent to change the 
                land use significantly, from the use that existed on 
                the date of the enactment of this Act; and
                  (B) acquisition by the Secretary of the land or 
                interest in land is essential to ensure use of the land 
                or interest in land in accordance with the management 
                plan prepared under section 104(b).
    (b) Environmental Response Actions and Cost Recovery.--
          (1) Response actions.--Nothing in this title shall limit the 
        authority of the Secretary or a responsible party to conduct an 
        environmental response action in the Scenic Recreation Area in 
        connection with the release, threatened release, or cleanup of 
        a hazardous substance, pollutant, or contaminant, including a 
        response action conducted under the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601 et seq.).
          (2) Liability.--Nothing in this title shall limit the 
        authority of the Secretary or a responsible party to recover 
        costs related to the release, threatened release, or cleanup of 
        any hazardous substance or pollutant or contaminant in the 
        Scenic Recreation Area.
    (c) Maps and Description.--
          (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map and a 
        boundary description for the Opal Creek Wilderness and for the 
        Scenic Recreation Area with the Committee on Resources of the 
        House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate.
          (2) Force and effect.--The boundary description and map shall 
        have the same force and effect as if the description and map 
        were included in this title, except that the Secretary may 
        correct clerical and typographical errors in the boundary 
        description and map.
          (3) Availability.--The map and boundary description shall be 
        on file and available for public inspection in the Office of 
        the Chief of the Forest Service, Department of Agriculture.
    (d) Nothing in this title shall interfere with any activity for 
which a special use permit has been issued and not revoked before the 
date of enactment of this Title, subject to the terms of the permit.

SEC. 107. ROSBORO LAND EXCHANGE.

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

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

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following:
          ``(A) Elkhorn creek.--Elkhorn Creek from its source to its 
        confluence on Federal land to be administered by agencies of 
        the Departments of the Interior and Agriculture as agreed on by 
        the Secretary of the Interior and the Secretary of Agriculture 
        or as directed by the President. Notwithstanding subsection 
        3(b), the lateral boundaries of the Elkhorn River shall include 
        an average of not more than 640 acres per mile measured from 
        the ordinary high water mark on both sides of the river.
          ``(B) The 6.4 mile segment traversing federally administered 
        lands from the 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 the 
        point where it leaves federal ownership along the Bureau of 
        Land Management boundary in Section 1, Township 9 South, Range 
        3 East, Willamette Meridian, in the following classes:
                  ``(i) a 5.8-mile wild river area, extended from that 
                point along the Willamette National Forest boundary on 
                the common section line between Section 12 and 13, 
                Township 9 South, Range 4 East, Willamette Meridian, to 
                be administered as agreed on by the Secretaries of 
                Agriculture and the Interior, or as directed by the 
                President; and
                  ``(ii) a 0.6-mile scenic river area, extending from 
                the confluence with Buck Creek in Section 1, Township 9 
                South, Range 3 East, Willamette Meridian, to that point 
                where it leaves federal ownership along the Bureau of 
                Land Management boundary in Section 1, Township 9 
                South, Range 3 East, Willamette Meridian, to be 
                administered by the Secretary of Interior, or as 
                directed by the President.
          ``(C) Notwithstanding Section 3 (b) of this Act, the lateral 
        boundaries of both the wild river area and the scenic river 
        area along Elkhorn Creak shall include an average of not more 
        than 640 acres per mile measured from the oridinary high water 
        mark on both sides of the river.''.

SEC. 109. ECONOMIC DEVELOPMENT.

    (a) Economic Development Plan.--As a condition for receiving 
funding under (b) of this section, the State of Oregon, in consultation 
with the counties and the Secreatary of Agriculture, shall develop a 
plan for economic development projects for which grants under this 
section may be used in a manner consistent with this Act and to benefit 
local communities in the vicinity of the Opal Creek Area. Such plan 
shall be based on a formal Economic Opportunity Study and other 
appropriate information.
    (b) Funds Provided to the States for Grants.--Upon certification of 
the management plan, and receipt of a plan referred to in subsection 
(a) of this section, the Secretary shall provide $15,000,000, subject 
to appropriations, to the State of Oregon which shall be used to make 
grants and loans for economic development projects that further the 
purposes of this Act and benefit the local communities in the vicinity 
of the Opal Creek Area.
    (c) Report.--The State of Oregon shall--
          (1) prepare and provide the Secretary and Congress with an 
        annual report to the Secretary and Congress on the use of the 
        funds made available under this section;
          (2) make available to the Secretary and to Congress, upon 
        request, all accounts, financial records, and other information 
        related to grants and loans made available pursuant to this 
        section; and
          (3) as loans are repaid, make additional grants and loans 
        with the money made available for obligation by such 
        repayments.

                     TITLE II--UPPER KLAMATH BASIN

SEC. 201. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION PROJECTS.

    (a) Definitions.--In this section:
          (1) Ecosystem restoration office.--The term ``Ecosystem 
        Restora tion Office'' means the Klamath Basin Ecosystem 
        Restoration Office operated cooperatively by the United States 
        Fish and Wildlife Service, Bureau of Reclamation, Bureau of 
        Land Management, and Forest Service.
          (2) Working group.--The term ``Working Group'' means the 
        Upper Klamath Basin Working Group, established before the date 
        of enactment of this Act, consisting of members nominated by 
        their represented groups, including:
                  (A) 3 tribal members;
                  (B) 1 representative of the city of Klamath Falls, 
                Oregon;
                  (C) 1 representative of Klamath County, Oregon;
                  (D) 1 representative of institutions of higher 
                education in the Upper Klamath Basin;
                  (E) 4 representatives of the environmental community, 
                including at least one such representative from the 
                State of California with interests in the Upper Klamath 
                Basin Wildlife Refuges;
                  (F) 4 representatives of local businesses and 
                industries, including at least one representative of 
                the ocean commercial fishing industry and/or 
                recreational fishing industry based in either Oregon or 
                California;
                  (G) 4 representatives of the ranching and farming 
                community, including representatives of federal lease-
                land farmers and ranchers and of private land farmers 
                and ranchers in the Upper Klamath Basin;
                  (H) 2 representatives from State of Oregon agencies 
                with authority and responsibility in the Klamath River 
                Basin, including one from the Oregon Department of Fish 
                and Wildlife and one from the Oregon Water Resources 
                Department;
                  (I) 4 representatives from the local community; and
                  (J) One representative each from the following 
                federal resource management agencies in the Upper 
                Klamath Basin: Fish and Wildlife Service, Bureau of 
                Reclamation, Bureau of Land Management, Bureau of 
                Indian Affairs, Forest Service, Natural Resources 
                Conservation Service, and Ecosystem Restoration Office.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (4) Task force.--The term ``Task Force'' means the Klamath 
        River Basin Fisheries Task Force as established by the Klamath 
        River Basin Fishery Resource Restoration Act (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 at a regularly 
        scheduled business meeting.
    (b) In General.--
          (1) the Working Group through the Ecosystem Restoration 
        Office, with technical assistance from the Secretary, will 
        propose ecological restoration projects, economic development 
        and stability projects, and projects designed to reduce the 
        impacts of drought conditions to be undertaken in the Upper 
        Klamath Basin based on a consensus of the Working Group 
        membership;
          (2) the Secretary shall pay, to the greatest extent feasible, 
        up to 50 percent of the cost of performing any project approved 
        by the Secretary or his designee, up to a total amount of 
        $1,000,000 during each of fiscal years 1997 through 2001;
          (3) funds made available under this title through the 
        Department of the Interior or the Department of Agriculture 
        shall be distributed through the Ecosystem Restoration Office;
          (4) the Ecosystem Restoration Office may utilize not more 
        than 15 percent of all federal funds administered under this 
        section for administrative costs relating to the implementation 
        of this title; and
          (5) all funding recommendations developed by the Working 
        Group shall be based on a consensus of Working Group members.
    (c) Coordination.--
          (1) The Secretary shall formulate a cooperative agreement 
        between the Working Group, the Task Force and the Compact 
        Commission for the purposes of ensuring that projects proposed 
        and funded through the Working Group are consistent with other 
        basin-wide fish and wildlife restoration and conservation 
        plans, including but not limited to plans developed by the Task 
        Force and the Compact Commission;
          (2) To the greatest extent practicable, the Working Group 
        shall provide notice to, and accept input from, two members 
        each of the Task Force and the Compact Commission, so appointed 
        by those entities, for the express purpose of facilitating 
        better communication and coordination regarding additional 
        basin-wide fish and wildlife and ecosystem restoration and 
        planning efforts.
    (d) Public Meetings.--The Working Group shall conduct all meetings 
consistent with Federal open meeting and public participation laws. The 
chartering requirements of 5 U.S.C. App 2 ss 1-15 are hereby deemed to 
have been met by this section;
    (e) Terms and Vacancies.--Working Group members shall serve for 
three year terms, beginning on the date of enactment of this Act. 
Vacancies which occur for any reason after the date of enactment of 
this Act shall be filled by direct appointment of the Governor of the 
State of Oregon, in consultation with the Secretary of Interior and the 
Secretary of Agriculture, in accordance with nominations from the 
appropriate groups, interests, and government agencies outlined in 
section (a)(2).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 1997 through 2002.

                       TITLE III--DESCHUTES BASIN

SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.

    (a) Definitons.--In this section:
          (1) Working group.--The term ``Working Group'' means the 
        Deschutes River Basin Working Group established before the date 
        of enactment of this Act, consisting of members nominated by 
        their represented groups, including:
                  (A) 5 representatives of private interests including 
                one each from hydroelectric production, livestock 
                grazing, timber, land development, and recreation/
                tourism;
                  (B) 4 representatives of private interests including 
                two each from irrigated agriculture and the 
                environmental community;
                  (C) 2 representatives from the Confederated Tribes of 
                the Warm Springs Reservation of Oregon;
                  (D) 2 representatives from Federal Agencies with 
                authority and responsibility in the Deschutes River 
                Basin, including one from the Interior Department and 
                one from the Agriculture Department;
                  (E) 2 representatives from the State of Oregon 
                agencies with authority and responsibility in the 
                Deschutes River Basin, including one from the Oregon 
                Department of Fish and Wildlife and one from the Oregon 
                Water Resources Department; and
                  (F) 4 representatives from Deschutes River Basin 
                county and/or city governments, which may include 
                representatives from Deschutes, Crook, Jefferson, and 
                Wasco/Sherman counties.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) Federal agencies.--The term ``Federal Agencies'' means 
        agencies and departments of the United States, including, but 
        not limited to, the Bureau of Reclamation, Bureau of Indian 
        Affairs, Bureau of Land Management, Fish and Wildlife Service, 
        Forest Service, Natural Resources Conservation Service, Farm 
        Services Agency, the National Marine Fisheries Service, and the 
        Bonneville Power Administration.
          (4) Consensus.--The term ``consensus'' means a unanimous 
        agreement by the Working Group members present at a regularly 
        scheduled business meeting.
    (b) In General.--
          (1) the Working Group will propose ecological restoration 
        projects on both Federal and non-federal lands and waters to be 
        undertaken in the Deschutes River Basin based on a consensus of 
        the Working Group, provided that such projects, when involving 
        Federal lands or funds, shall be proposed to the Bureau of 
        Reclamation in the Department of the Interior and any other 
        Federal agency with affected land or funds;
          (2) the Working Group will accept donations, grants or other 
        funds and place the amount of such funds received into a trust 
        fund, to be expended on the performance of ecological 
        restoration projects which, when involving federal land or 
        funds, are approved by the affected Federal Agency;
          (3) the Bureau of Reclamation shall pay, to the greatest 
        extent feasible, from funds authorized under subsection (g) of 
        this Act up to 50 percent of the cost of performing any project 
        proposed by the Working Group and approved by the Secretary, up 
        to a total amount of $1,000,000 during each of the fiscal years 
        1997 through 2001;
          (4) non-federal contributions to project costs for purposes 
        of computing the federal matching share under paragraph (3) of 
        this subsection may include in-kind contributions;
          (5) funds authorized in subsection (g) of this section shall 
        be maintained in and distributed by the Bureau of Reclamation 
        in the Department of the Interior. The Bureau of Reclamation 
        shall not expend more than 5 percent of amounts appropriated 
        pursuant to subsection (g) for federal administration of such 
        appropriations pursuant to this Act;
          (6) the Bureau of Reclamation is authorized to provide by 
        grant to the Working Group not more than 5 percent of funds 
        appropriated pursuant to subsection (g) of this section for not 
        more than 50 percent of administrative costs relating to the 
        implementation of this title; and
          (7) the Federal Agencies with authority and responsibility in 
        the Deschutes River Basin shall provide technical assistance to 
        the Working Group and shall designate representatives to serve 
        as members of the Working Group.
          (8) all funding recommendations developed by the Working 
        Group shall be based on a consensus of the Working Group 
        members.
    (c) Public Notice and Participation.--The Working Group shall give 
reasonable public notice of all meetings of the Working Group and allow 
public attendance at the meetings. The activities of the Working Group 
and the Federal Agencies pursuant to the provisions of this Act are 
exempt from the provisions of 5 U.S.C. App. 2 ss 1-15.;
    (d) Priorities.--The Working Group shall give priority to voluntary 
market-based economic incentives for ecosystem restoration including, 
but not limited to, water leases and purchases; land leases and 
purchases; tradable discharge permits; and acquisition of timber, 
grazing, and land development rights to implement plans, programs, 
measures, and projects.
    (e) Terms and Vacancies.--Members of the Working Group representing 
governmental agencies or entities shall be named by the represented 
government. Members of the Working Group representing private interests 
shall be named in accordance with the Articles of Incorporation and 
Bylaws of the Working Group. Representatives from Federal Agencies will 
serve for terms of 3 years. Vacancies which occur for any reason after 
the date of enactment shall be filled in accordance with this section.
    (f) Additional Projects.--Where existing authority and 
appropriations permit, Federal Agencies may contribute to the 
implementation of projects recommended by the Working Group and 
approved by the Secretary.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this sections $1,000,000 for each of fiscal 
years 1997 through 2001.

                     TITLE IV--MOUNT HOOD CORRIDOR

SEC. 401. LAND EXCHANGE.

    (a) Authorization.--Notwithstanding any other law, if Longview 
Fibre Company (referred to in this section as ``Longview'') offers and 
conveys title that is acceptable to the United States to some or all of 
the land described in subsection (b), the Secretary of the Interior 
(referred to in this section as the ``Secretary'') shall convey to 
Longview title to some or all of the land described in subsection (c), 
as necessary to satisfy the requirements of subsection (d).
    (b) Land To Be Offered by Longview.--The land referred to in 
subsection (a) as the land to be offered by Longview is the land 
described as follows:
          (1) T. 2 S., R. 6 E., sec. 13--E\1/2\SW\1/4\, W\1/2\SE\1/4\, 
        containing 160 record acres, more or less;
          (2) T. 2 S., R. 6 E., sec. 14--All, containing 640 record 
        acres, more or less;
          (3) T. 2 S., R. 6 E., sec. 16--N\1/2\, SW\1/4\, N\1/2\SE\1/
        4\, SW\1/4\SE\1/4\, containing 600 record acres, more or less;
          (4) T. 2 S., R. 6 E., sec. 26--NW\1/4\, N\1/2\SW\1/4\, SW\1/
        4\SW\1/4\, NW\1/4\SE\1/4\; (and a strip of land to be used for 
        right-of-way purposes in sec. 23), containing 320 record acres, 
        more or less;
          (5) T. 2 S., R. 6 E., sec. 27--S\1/2\NE\1/4\NE\1/4\, NW\1/
        4\NE\1/4\, SE\1/4\NE\1/4\, NW\1/4\NW\1/4\, containing 140 
        record acres, more or less;
          (6) T. 2 S., R. 6 E., sec. 28--N\1/2\, Except a tract of land 
        100 feet square bordering and lying west of Wild Cat Creek and 
        bordering on the north line of Sec. 28, described as follows: 
        Beginning at a point on the west bank of Wild Cat Creek and the 
        north boundary of sec. 28, running thence W. 100 feet, thence 
        S. 100 feet parallel with the west bank of Wild Cat Creek, 
        thence E. to the west bank of Wild Cat Creek, thence N. along 
        said bank of Wild Cat Creek to the point of beginning, also 
        expecting that portion of the NW\1/4\ NW\1/4\ lying east 
        Wildcat Creek, containing 319.77 record acres, more or less;
          (7) T. 2 S., R. 7 E., sec. 19--E\1/2\SW\1/4\, SW\1/4\SE\1/4\, 
        Except a tract of land described in deed recorded on August 6, 
        1991, as Recorder's Fee No. 91-39007, and except the portion 
        lying within public roads, containing 117.50 record acres, more 
        or less;
          (8) T. 2 S., R. 7 E., sec. 20--S\1/2\SW\1/4\SW\1/4\, 
        containing 20 record acres, more or less;
          (9) T. 2 S., R. 7 E., sec. 27--W\1/2\SW\1/4\, containing 80 
        record acres, more or less;
          (10) T. 2 S., R. 7 E., sec 28--S\1/2\, containing 320 record 
        acres, more or less;
          (11) T. 2 S., R. 7 E., sec. 29--SW\1/4\NE\1/4\, W\1/2\SE\1/
        4\NE\1/4\, NW\1/4\, SE\1/4\, containing 380 record acres, more 
        or less;
          (12) T. 2 S., R. 7 E., sec. 30--E\1/2\NE\1/4\, NW\1/4\NE\1/
        4\, Except the portion lying within Timberline Rim Division 4, 
        and except the portion lying within the county road, containing 
        115 record acres, more or less;
          (13) T. 2 S., R. 7 E., sec. 33--N\1/2\ NE\1/4\, E\1/2\NW\1/
        4\NW\1/4\, NE\1/4\SW\1/4\NW\1/4\, containing 110 record acres, 
        more or less;
          (14) T. 3 S., R. 5 E., sec. 13--NE\1/4\SE\1/4\, containing 40 
        record acres, more or less;
          (15) T. 3 S., R. 5 E., sec. 26--The portion of the E\1/
        2\NE\1/4\ lying southerly of Eagle Creek and northeasterly of 
        South Fork Eagle Creek, containing 14 record acres, more or 
        less;
          (16) T. 3 S., R. 5 E., sec. 25--The portion of the N\1/
        2\SW\1/4\ lying northeasterly of South Fork Eagle Creek, 
        containing 36 record acres, more or less; and
          (17) T. 6 S., R. 2 E., sec. 4--SW\1/4\, containing 160.00 
        record acres, more or less.
    (c) Land To Be Conveyed by the Secretary.--The land referred to in 
subsection (a) as the land to be conveyed by the Secretary is the land 
described as follows:
          (1) T. 1 S., R. 5 E., sec. 9--SE\1/4\NE\1/4\, SE\1/4\SE\1/4\, 
        containing 80 record acres, more or less;
          (2) T. 2 S., R. 5 E., sec. 33--NE\1/4\NE\1/4\, containing 40 
        record acres, more or less;
          (3) T. 2\1/2\ S., R. 6 E., sec. 31--Lots 1-4, incl. 
        containing 50.65 record acres, more or less;
          (4) T. 2\1/2\ S., R. 6 E., sec. 32--Lots 1-4, incl. 
        containing 60.25 record acres, more or less;
          (5) T. 3 S., R. 5 E., sec. 1--NE\1/4\SW\1/4\, SE\1/4\, 
        containing 200 record acres, more or less;
          (6) T. 3 S., R. 5 E., sec. 9--S\1/2\SE\1/4\, containing 80 
        record acres, more or less;
          (7) T. 3 S., R. 5 E., sec. 17--N\1/2\NE\1/4\, containing 80 
        record acres, more or less;
          (8) T. 3 S., R. 5 E., sec. 23--W\1/2\NE\1/4\, NW\1/4\SW\1/4\, 
        containing 120 record acres, more or less;
          (9) T. 3 S., R. 5 E., sec. 25--The portion of the S\1/2\S\1/
        2\, SW\1/4\NW\1/4\ lying southwesterly of South Fork Eagle 
        Creek, containing 125 record acres, more or less;
          (10) T. 3 S., R. 5 E., sec. 31--Unnumbered lot (SW\1/4\SW\1/
        4\), containing 40.33 record acres, more or less;
          (11) T. 7 S., R. 1 E., sec. 23--SE\1/4\ SE\1/4\, containing 
        40 record acres, more or less;
          (12) T. 10 S., R. 2 E., sec. 34--SW\1/4\ SW\1/4\, containing 
        40 record acres, more or less;
          (13) T. 10 S., R. 4 E., sec. 9--NW\1/4\ NW\1/4\, containing 
        40 record acres, more or less;
          (14) T. 4 N., R. 3 W., sec. 35--W\1/2\ SW\1/4\, containing 80 
        record acres, more or less;
          (15) T. 3 N., R. 3 W., sec. 7--E\1/2\ NE\1/4\, containing 80 
        record acres, more or less;
          (16) T. 3 N., R. 3 W., sec. 9--SE\1/4\ NW\1/4\, containing 40 
        record acres, more or less;
          (17) T. 3 N., R. 3 W., sec. 17--S\1/2\ NE\1/4\, containing 80 
        record acres, more or less;
          (18) T. 3 N., R. 2 W., sec. 3--SW\1/4\ NW\1/4\, containing 40 
        record acres, more or less;
          (19) T. 2 N., R. 2 W., sec. 3--SE\1/4\ SE\1/4\, containing 40 
        record acres, more or less; and
          (20) T. 1 S., R. 4 W., sec. 15--SW\1/4\ NE\1/4\, S\1/2\ NW\1/
        4\, containing 120 record acres, more or less.
    (d) Equal Value.--The land and interests in land exchanged under 
this section--
          (1) shall be of equal market value; or
          (2) shall be equalized using nationally recognized appraisal 
        standards, including, to the extent appropriate, the Uniform 
        Standards for Federal Land Acquisition, the Uniform Standards 
        of Professional Appraisal Practice, the provisions of section 
        206(d) of the Federal Land Policy and management Act of 1976 
        (43 U.S.C. 1716(d)), and other applicable law.
    (e) Redesignation of Land To Maintain Revenue Flow.--So as to 
maintain the current flow of revenue from land subject to the Act 
entitled ``An Act relating to the revested Oregon and California 
Railroad and reconveyed Coos Bay Wagon Road grant land situated in the 
State of Oregon'', approved August 28, 1937 (43 U.S.C. 1181a et seq.), 
the Secretary may redesignate public domain land located in and west of 
Range 9 East, Willamette Meridian, Oregon, as land subject to that Act.
    (f) Timetable.--The exchange directed by this section shall be 
consummated not later than 1 year after the date of enactment of this 
Act.
    (g) Withdrawal of Lands.--All lands managed by the Department of 
the Interior, Bureau of Land Management, located in Townships 2 and 3 
South, Ranges 6 and 7 East, Willamette Meridian, which can be seen from 
the right of way of Oregon State Highway 26, (referred to in this 
section as the ``Mt. Hood Corridor''), shall be managed primarily for 
the protection of important scenic values. Management prescriptions for 
other resource values associated with these lands shall be planned and 
conducted for purposes other than timber harvest, so as not to impair 
scenic quality.
    (h) Timber Harvest.--Timber harvest may be conducted in the Mt. 
Hood Corridor after the occurrence of a resource-damaging catastrophic 
event. Such harvest, and any additional timber harvest, may only be 
conducted to achieve the following resource management objectives, in 
compliance with the current land use plans--
          (1) to maintain safe conditions for the visiting public;
          (2) to control the continued spread of forest fire;
          (3) for activities related to administration of the Mt. Hood 
        corridor; or
          (4) for removal of hazard trees along trails and roadways.
    (i) Road Closure.--The forest road gate located on Forest Service 
Road 2503, located in T. 2 S., R. 6 E., sec. 14, shall remain gated and 
locked to protect resources and prevent illegal dumping and vandalism 
in the Mt. Hood Corridor. Access to this road shall be limited to--
          (1) Federal and State officers and employees acting in an 
        official capacity;
          (2) employees and contractors conducting authorized 
        activities associated with the telecommunication sites located 
        in T. 2 S., R. 6 E., sec. 14; and
          (3) the general public for recreational purposes, except that 
        all motorized vehicles will be prohibited.
    (j) NEPA Exemption.--Notwithstanding any other provision of law, 
the National Environmental Policy Act of 1969 (P.L. 91-190) shall not 
apply to this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

                    TITLE V--COQUILLE TRIBAL FOREST

SEC. 501. CREATION OF THE COQUILLE FOREST.

    (a) The Coquille Restoration Act (PL 101-42) is amended by 
inserting at the end of section 5 the following:
    ``(d) Creation of the Coquille Forest.--
          ``(1) Within 90 days of the enactment of this title, the 
        Secretary of Interior is authorized to and shall, in accordance 
        with this title and in consultation with the Coquille Tribe of 
        Coos County, Oregon, designate approximately five thousand 
        acres of forest lands in Coos County, Oregon, to which the 
        United States holds title, located in the historic territory of 
        the Coquille Indian people, as the Coquille Forest.
          ``(2) A map showing the federal portions of these sections 
        designated as the Coquille Forest, and such additional legal 
        descriptions which are applicable, shall within 180 days of the 
        date of enactment of this title, be prepared by the Secretary 
        in consultation with the Tribe and placed on file at the local 
        District Office of the Bureau of Land Management, the Agency 
        Office of the Bureau of Indian Affairs, and with the Senate 
        Committee on Energy and Natural Resources and the House 
        Committee on Resources.
          ``(3) Two years from the date of enactment of this 
        subsection, the Secretary shall transfer lands designated under 
        subsection (d)(1), to the Bureau of Indian Affairs, to be held 
        in trust, in perpetuity, for the Coquille Tribe. As Indian 
        trust forest lands, the Secretary of Interior, acting through 
        the Assistant Secretary for Indian Affairs shall manage these 
        lands under applicable forestry laws and in a manner consistent 
        with the standards and guidelines of federal forest plans on 
        adjacent lands. The Secretary and the Tribe may authorize 
        management of the Coquille Forest consistent with the Coquille 
        Forest management strategy developed by the Independent 
        Scientific Advisory Team and set forth in the report entitled, 
        ``A Forest Management Strategy for the Proposed Coquille 
        Forest'' dated August 31, 1995 and including the December 20, 
        1995 Addendum.
          ``(4) From the date of enactment of this title until two 
        years after the date of enactment of this title, the Bureau of 
        Land Management shall:
                  ``(A) retain federal jurisdiction for the management 
                of lands designated under this title as the Coquille 
                Forest; and,
                  ``(B) prior to advertising, offering or awarding any 
                timber sale contract on lands designated under this 
                title as the Coquille Forest, obtain the approval of 
                the Bureau of Indian Affairs, which shall act on behalf 
                of and in consultation with the Coquille Tribe.
          ``(5) After completion of the transfer to the Bureau of 
        Indian Affairs, required in this subsection, the Secretary may, 
        pursuant to the Indian Self-Determination Act (25 U.S.C. 450 et 
        seq.), enter into an Indian self-determination agreement with 
        the Coquille Indian Tribe. Such agreement shall provide for the 
        Tribe to carry out all or a portion of the forest management 
        program for the Coquille Forest. Prior to entering such an 
        agreement, and as a condition of maintaining such an agreement, 
        the Secretary must find that the Coquille Tribe has entered 
        into a Memorandum of Agreement (MOA) with the State of Oregon, 
        as required under subsection (8) this title.
          ``(6) The Land designated under this title shall be subject 
        to valid existing rights, including all valid liens, rights-of-
        way, licenses, leases, permits, and easements existing on date 
        of the enactment of this title. These lands will remain open to 
        public access for purposes of hunting, fishing, recreation and 
        transportation, except when closure is required by state or 
        federal law.
          ``(7) Unprocessed logs harvested from the Coquille Forest 
        shall be subject to the same federal statutory restrictions on 
        export to foreign Nations that apply to unprocessed logs 
        harvested from federal lands.
          ``(8) All sales of timber from land subject to this title 
        shall be advertised, offered and awarded in accordance with the 
        public bidding and contracting laws and procedures applicable 
        to the Bureau of Land Management.
          ``(9) The Coquille Tribe shall enter into a Memorandum of 
        Agreement (MOA) with the State of Oregon relating to the 
        establishment and management of the Coquille Forest. The MOA 
        shall include, but not be limited to, the terms and conditions 
        for preserving public access, continuing public rights, 
        advancing jointly-held resource management goals, achieving 
        Tribal restoration objectives and establishing a coordinated 
        management framework. Further, provisions set forth in the MOA 
        shall be consistent with federal trust responsibility 
        requirements applicable to Indian trust lands. The U.S. 
        District Court for the District of Oregon shall have 
        jurisdiction over actions arising out of claims of breach of 
        the MOA.
          ``(10) So as to maintain the current flow of revenue from 
        land subject to the Act entitled ``An Act relating to the 
        revested Oregon and California Railroad and reconveyed Coos Bay 
        Wagon Road grant land situated in the State of Oregon'', 
        approved August 28, 1937 (43 U.S.C. 1181a et seq.), the 
        Secretary shall redesignate public domain land located in the 
        Coquille Tribe's service area, as defined in the Coquille 
        Tribal Restoration Act of 1989 (PL 101-42), as land subject to 
        that Act. In no event shall payments due to Coos County, 
        Oregon, under that Act be diminished as a result of the land 
        designations required pursuant to this title.
          ``(11) Within two years of the date of enactment of this 
        subsection, the Secretary shall complete a formal scientific 
        peer review of the management strategy developed by the 
        Independent Scientific Advisory Team and set forth in the 
        report entitled, ``A Forest Management Strategy for the 
        Proposed Coquille Forest'' dated August 31, 1995 and including 
        the December 20, 1995 Addendum.''.

                TITLE VI--BULL RUN WATERSHED PROTECTION

    Sec. 601. Section 2(a) of Public Law 95-200 is amended on line 7 by 
striking ``2(b)'' and inserting in lieu thereof ``2(c)''.
    Sec. 602. Public Law 95-200 is amended by adding a new subsection 
2(b) immediately after subsection 2(a), as follows:
    ``(b) Timber Cutting.--
          ``(1) In general.--Subject to paragraph (2), the Secretary of 
        Agriculture shall prohibit the cutting of trees in that part of 
        the unit consisting of the hydrographic boundary of the Bull 
        Run River Drainage and as depicted in a map dated June 1996 and 
        entitled ``Bull Run River Drainage''.
          ``(2) Permitted cutting.--
                  ``(A) In general.--Subject to subparagraph (B), the 
                Secretary of Agriculture shall prohibit the cutting of 
                trees in the area described in subparagraph (1).
                  ``(B) Permitted cutting.--Subject to subparagraph 
                (B), the Secretary may allow the cutting of trees in 
                the area described in subparagraph (1)--
                          ``(i) for the protection or enhancement of 
                        water quality in the area described in 
                        subparagraph (1); or
                          ``(ii) for the protection, enhancement, or 
                        maintenance of water quantity available from 
                        the area described in subparagraph (1); or
                          ``(iii) for the construction, expansion, 
                        protection or maintenance of municipal water 
                        supply facilities; or
                          ``(iv) for the construction, expansion, 
                        protection or maintenance of facilities for the 
                        transmission of energy through and over the 
                        unit or previously authorized hydroelectric 
                        facilities or hydroelectric projects associated 
                        with municipal water supply facilities.
                  ``(C) Salvage sales.--The Secretary of Agriculture 
                may not authorize a salvage sale in the area described 
                in subparagraph (1).''.
    Sec. 603. Section 2(b) of PL 95-200 is amended by inserting in the 
first line after (a) ``and (b)''.
    Sec. 604. Section 2(b) of PL 95-200 is redesignated as ``2(c)''.
    Sec. 604. Redesignate the following subsections accordingly.

            TITLE VII--OREGON ISLANDS WILDERNESS, ADDITIONS

SEC. 701. OREGON ISLANDS WILDERNESS, ADDITIONS.

    (a) In furtherance of the purposes of the Wilderness Act of 1964, 
certain lands within the boundaries of the Oregon Islands National 
Wildlife Refuge, Oregon, comprising approximately ninety-five acres and 
as generally depicted on a map entitled ``Oregon Island Wilderness 
Additions--Proposed'' dated June, 1996, are hereby designated as 
wilderness. The map shall be on file and available for public 
inspection in the offices of the Fish and Wildlife Service, Department 
of 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 
U.S. Fish and Wildlife Service, Department of Interior, as designated 
by Executive Order 7035, Proclamation 2416, Public Land Orders 4395, 
4475 and 6287, and Public Laws 91-504 and 95-450, are hereby designated 
as wilderness.
    (c) As soon as practicable after this title takes effect, a map of 
the wilderness area and a description of its boundaries shall be filed 
with the Senate Committee on Energy and Natural Resources and the House 
Committee on Resources, and such map shall have the same force and 
effect as if included in this title; provided, however, that correcting 
clerical and typographical errors in the map and land descriptions may 
be made.
    (d) Public Land Order 6287 of June 16, 1982, which withdrew certain 
rocks, reefs, islets and islands lying within three geographical miles 
off the coast of Oregon and above mean high tide, including the ninety-
five acres described in (a), as an addition to the Oregon Islands 
National Wildlife Refuge is hereby made permanent.

              TITLE VIII--UMPQUA RIVER LAND EXCHANGE STUDY

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

    (a) In General.--The Secretaries of the Interior and Agriculture 
are hereby authorized and directed to consult, coordinate and cooperate 
with the Umpqua Land Exchange Project (ULEP), affected units and 
agencies of state and local government, and, as appropriate, the World 
Forestry Center and National Fish and Wildlife Foundation, to assist 
ULEP's ongoing efforts in studying and analyzing land exchange 
opportunities in the Umpqua River basin and to provide scientific, 
technical, research, mapping and other assistance and information to 
such entities. Such consultation, coordination and cooperation shall at 
a minimum include, but not be limited to:
          (1) working with ULEP to develop or assemble comprehensive 
        scientific and other information (including comprehensive and 
        integrated mapping) concerning the Umpqua River basin's 
        resources of forest, plants, wildlife, fisheries (anadromous 
        and other), recreational opportunities, wetlands, riparian 
        habitat and other physical or natural resources;
          (2) working with ULEP to identify general or specific areas 
        within the basin where land exchanges could promote 
        consolidation of timberland ownership for long-term, sustained 
        timber production; protection and improvement of habitat for 
        plants, fish and wildlife (including any Federally listed 
        threatened or endangered species); recovery of threatened and 
        endangered species; protection and improvement of wetlands, 
        riparian lands and other environmentally sensitive areas; 
        consolidation of land ownership for improved public access and 
        a broad array of recreational uses; and consolidation of land 
        ownership to achieve management efficiency and reduced costs of 
        administration; 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.

SEC. 802. REPORT TO CONGRESS

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

SEC. 803. AUTHORIZATION OF APPROPRIATIONS

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

                         Purpose of the Measure

    The purposes of S. 1662 are to: (1) establish areas of 
wilderness, recreation and watershed protection and restoration 
in the State of Oregon; (2) facilitate one public-private land 
exchange and study another; and (3) establish the Coquille 
Tribal Forest.

                          Background and Need

    S. 1662 addresses a number of natural resource issues 
within the State of Oregon. The first title of the bill would 
establish a wild and scenic river and provide for the 
protection as wilderness and as a scenic recreation area of 
approximately 25,800 acres of the Opal Creek watershed in the 
Willamette and Mount Hood National Forests. The second and 
third titles of S. 1662 would authorize consensus based working 
groups in Oregon's Klamath and Deschutes basins. The bill's 
fourth title would provide for a land exchange in the Mt. Hood 
corridor. The fifth title of the bill would provide that 
approximately 5,000 acres of Federal land be held in trust for 
the Coquille Tribe. The sixth title of the bill provides for 
the protection of the Bull Run watershed, which provides the 
bulk of Portland, Oregon's drinking water. The seventh title of 
S. 1662 would designate as wilderness approximately 95 acres of 
rocks and reefs off the Oregon coast. Finally, the eighth title 
of S. 1662 would require a study of potential land exchange 
opportunities in the Umpqua River basin.

                          Legislative History

    The Senate Subcommittee on Forests and Public lands 
management held hearings on S. 1662 as introduced on April 12, 
1996 and May 7, 1996 in Salem, Oregon and Washington, D.C. 
respectively.
    At the business meeting on June 19, the Committee on Energy 
and Natural Resources ordered S. 1662 reported as an amendment 
in the nature of a substitute.

                        Committee Consideration

    The Committee on energy and Natural Resources, in open 
business session on June 19, 1996, by a unanimous voice vote by 
a quorum present recommends that the Senate pass S. 1662 as 
amended as described herein.

                           Section-by-Section

    Table of Contents.--

Title 1. Opal Creek.
Title 2. Klamath Basin.
Title 3. Deschutes Basin.
Title 4. Mount Hood Corridor Land Exchange.
Title 5. Coquille Tribal Forest.
Title 6. Bull Run Reservoir Protection.
Title 7. Oregon Islands Wilderness.
Title 8. Umpqua Land Exchange Study.

    Section 1 provides a short title for the bill, the ``Oregon 
Resources Conservation Act of 1996''.

       title i--opal creek wilderness and scenic-recreation area

    Section 101 provides a short title for the title, the 
``Opal Creek Wilderness and Opal Creek Scenic Recreation Area 
Act of 1996''.
    Section 102 provides definitions.
    Section 103 provides for the establishment of Opal Creek 
Wilderness, comprising approximately 12,800 acres of new 
wilderness protection, shall be depicted on the map described 
in section 102(2) of the bill and is to be managed in 
accordance with the Wilderness Act of 1964.
    Section 103(2) requires that the portion of the Bull of the 
Woods Wilderness located within the boundaries of the 
Willamette National Forest is to become a part of, and be 
renamed as, the ``Opal Creek Wilderness.''
    Section 103(3) provides for the establishment of the Opal 
Creek Scenic Recreation Area, comprising approximately 13,000 
acres, as depicted on the map entitled ``Proposed Opal Creek 
Wilderness and Scenic Recreation Area'', dated June 1996.
    Section 103(b) sets forth conditions which must be met 
before section 103(a) can be implemented, and which must be 
satisfied within two years of the date of enactment. These 
conditions include a determination by the Secretary of 
Agriculture that certain interests have been donated to the 
United States or, for other specified interests, a legally 
binding agreement has been reached for the disposition of such 
interests.
    Section 103(c) provides for the inclusion of certain lands, 
known as the Rosboro Section, be included in the Scenic-
Recreation Area in the event that they are acquired by the 
United States.
    Section 104 provides for the administration of the Scenic 
Recreation Area. Section 104(a) requires the Secretary to 
administer the Scenic Recreation Area in accordance with the 
laws and regulations applicable to the National Forest System. 
Section 104(b) provides for the establishment of an Opal Creek 
Management Plan, which the Secretary, in consultation with the 
advisory committee also established in this title, shall 
prepare within two years after the date of enactment.
    Section 104(b)(2) incorporated the Opal Creek Management 
Plan into the land and resource management plan for the 
Willamette National Forest. This plan will supersede any 
conflicting provision in the existing land and resource 
management plan.
    Section 104(b)(3) requires that the Opal Creek Management 
Plan provide for a broad range of land uses, including 
recreation, harvesting of nontraditional forest products, such 
as gathering mushrooms and material to make baskets, as well as 
educational and research opportunities.
    Section 104(b)(4) provides a procedure for amendments to 
the Opal Creek management plan. Such amendments must be 
consistent with the procedures and purposes of this title.
    Section 104(c) directs the Secretary to review and revise 
the inventory of the cultural and historic resources in the 
Scenic Recreation Area. Interpretive activities in the area 
must be developed in consultation with State and local historic 
preservation organizations and must include balanced and 
factually-based interpretation of the cultural, ecological, and 
industrial history of forestry and mining in the area.
    Section 104(d) provides for the establishment of a 
transportation plan for the Scenic Recreation Area to maintain 
reasonable motorized access to recreation sites and facilities.
    Section 104(e) provides for the regulation of hunting and 
fishing in the Scenic Recreation Area.
    Section 104(f) provides restrictions on the cutting or 
selling of timber in the Scenic Recreation Area.
    Section 104(g) provides for the withdrawal of all lands in 
the Scenic Recreation Area from appropriation under the public 
land laws or mineral or mining laws.
    Section 104(h) provides the intent of the Committee that 
the Bornite Project located within the watershed shall not be 
impacted either positively or negatively by this legislation.
    Section 104(i) places restrictions on new water 
impoundments in the Scenic Recreation Area.
    Section 104(j) recognizes continuation of recreation at 
historic levels, at a minimum, as an appropriate use of the 
Scenic Recreation Area.
    Section 104(k) directs the Secretary of Agriculture to 
consult with the advisory council established under section 
105, the public, other agencies and organizations on the future 
management of the Scenic Recreation Area.
    Section 105 provides for the establishment of an advisory 
council to advise the Secretary of Agriculture on the most 
sensitive present and future use of the Scenic Recreation Area.
    Section 106(a) provides for the acquisition of lands within 
the Scenic Recreation Area.
    Section 106(b) makes clear that nothing in this legislation 
limits the authority of the Secretary or a responsible party to 
move forward with the Amalgamated Mill site clean up located 
within the Scenic Recreation Area.
    Section 106(c) requires the Secretary of Agriculture to 
prepare maps relevant to this title as soon as practicable 
after the date of enactment. This includes maps and 
descriptions of the Opal Creek Wilderness and for the Scenic 
Recreation Area. The Secretary is directed to file those 
documents with the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate.
    Section 107 provides for an equal-value land exchange 
between the Rosboro Lumber Company and the United States.
    Section 108 designates a segment of the Elkhorn Creek as a 
Wild and Scenic River. This provision provides protection on 
both Forest Service and Bureau of Land Management managed 
lands.
    Section 109 authorizes funding for economic development 
projects to benefit local communities in the vicinity of the 
Opal Creek Area. Under this provision, grants will be made in 
accordance with a plan for economic development projects in the 
impacted area. The State of Oregon shall submit a report on the 
use of the funds made available under this section.

                     title ii--upper klamath basin

    Section 201. Upper Klamath Basin Ecological Restoration 
Project. This section establishes a 5-year pilot project for 
the consensus-based Upper Klamath Basin Working Group.
    Subsection (a) contains definitions, including a 
description of working group members.
    Subsection (b) outlines the procedures under which projects 
for ecological restoration, economic development and stability, 
and reducing drought impacts will be proposed by the Working 
Group and funded by the Secretary of the Interior, through the 
interagency Klamath Basin Ecosystem Restoration Office. The 
subsection stipulates that all Federal funding for projects 
must be matched one-to-one with non-Federal funds and that all 
projects proposed by the group must be based on a consensus of 
group members.
    Subsection (c) directs the Secretary to formulate a 
cooperative agreement between the working group and other 
upper-and lower-Klamath Basin planning organizations, 
specifically the Klamath Basin Fisheries Task Force and the 
Klamath River Compact Commission. The Committee feels strongly 
that coordination between each of these groups is necessary to 
eliminate duplication of efforts and facilitate upper and lower 
basin communications.
    Subsection (d) directs that all working group meetings 
shall be consistent with Federal open meeting and public 
participation laws.
    Under subsection (e), the terms of working group members 
and the procedures for filling vacancies are established.
    Subsection (f) authorizes the appropriation of $1,000,000 
per year for Fiscal Years 1997 to 2002.

                       TITLE III--DESCHUTES BASIN

    Section 301. Deschutes Basin Ecosystem Restoration Project. 
This section establishes a 5-year pilot project for the 
consensus-based Deschutes Basin Working Group.
    Subsection (a) contains definitions, including a 
description of the working group members.
    Subsection (b) outlines the procedures under which projects 
for ecological restoration will be proposed by the Working 
Group and funded by the Secretary of the Interior, through the 
Bureau of Reclamation. The subsection stipulates that all 
Federal funding for projects must be matched one-to-one with 
non-Federal funds and that all projects proposed by the group 
must be based on a consensus of group members.
    Subsection (c) directs that the working group will provide 
reasonable public notice of all meetings and allow public 
attendance at the meetings.
    Under subsection (d), priority is established for 
ecological restoration projects which are based on voluntary, 
market-based economic incentives.
    Under subsection (e), the terms of working group members 
and the procedures for filling vacancies are established.
    Subsection (f) authorizes Federal Agencies within the 
Deschutes Basin to contribute additional funds, consistent with 
existing authority and appropriations, to implement projects 
recommended by the working group.
    Subsection (g) authorizes the appropriation of $1,000,000 
per year for Fiscal Years 1997 to 2002.

                     TITLE IV--MOUNT HOOD CORRIDOR

    Section 401. Land Exchange. This section facilitates a land 
exchange between the Longview Fibre Timber Company and the 
Department of the Interior, Bureau of Land Management (BLM), in 
the Mt. Hood Corridor, Oregon. The intent of this section is to 
protect the viewshed along U.S. Highway 26, from Portland, 
Oregon to Mt. Hood, from timber harvesting practices which 
could adversely affect that outstanding view.
    Subsection (a) stipulates that if the Longview Fibre Timber 
Company offers and conveys title that is acceptable to the 
United States to some or all of its land in the Mt. Hood 
Corridor, the BLM shall convey to Longview an equal value of 
BLM parcels elsewhere in the State of Oregon.
    Subsection (b) describes the lands to be offered by 
Longview.
    Subsection (c) describes the lands to be offered in 
exchange by the Bureau of Land Management.
    Subsection (d) directs that the lands exchanged under this 
title shall be of equal market value.
    Under subsection (e), lands which are taken out of the base 
of lands considered for revenue purposes under the O&C Act of 
1937 are directed to be replaced by a redesignation of lands 
currently in public domain status. The purpose of this section 
is to avoid adverse revenue impacts to the O&C Counties of 
western Oregon.
    Subsection (f) establishes a one-year timetable under which 
the exchange must be completed.
    Under subsection (g), all lands managed by the BLM in the 
Mt. Hood corridor which can be seen from U.S. Highway 26 are 
directed to be managed primarily for the protection of scenic 
values. Management prescriptions for other resource values 
associated with these lands shall also be planned and conducted 
for purposes other than timber harvest, so as not to impair 
scenic quality in the Corridor.
    Subsection (h) sets out conditions under which timber 
harvesting may occur.
    Subsection (i) stipulates that an existing road that is 
currently closed to prevent vandalism, dumping, wildlife 
poaching and other problems should remain closed, except for 
limited uses.
    Subsection (j) exempts the land transfer from National 
Environmental Policy Act compliance. This action is necessary 
in order to complete the transfer within the one-year time 
frame outlined in subsection (f). All BLM parcels listed under 
subsection (c) for exchange to Longview are classified as 
matrix lands under the President's Forest Plan, and, therefore, 
no adverse impacts to species, key watersheds or late 
successional reserves will occur under this transfer.
    Under subsection (k), such sums as may be necessary are 
appropriated for the implementation of this section.

                    TITLE V--COQUILLE TRIBAL FOREST

    Section 501. Creation of the Coquille Forest. This section 
creates a 5,000-acre Coquille Forest in southwest Oregon to be 
managed, after a two year transition period, by the Department 
of the Interior, Bureau of Indian Affairs, for the benefit of 
the Coquille Tribe of Oregon.
    Subsection (a) adds a new section (d) to the Coquille 
Tribe's Restoration Act of 1989 (P.L. 101-42). The elements of 
this new section are as follows:
    Paragraph (1) directs the Secretary of the Interior to 
designate approximately 5,000 acres of forest lands in Coos 
County, Oregon as the Coquille Forest. This land is in the 
historic territory of the Coquille Tribe and would be held in 
Trust for the tribe by the United States.
    Paragraph (2) directs that, within 180 days after 
enactment, a map will be created and filed describing the 
approximately 5,000 acres which will make up the Coquille 
Forest.
    Under paragraph (3), the details of the transfer are set 
forth. The 5,000 acres identified in paragraph (1) will be 
transferred from the BLM to the Bureau of Indian Affairs (BIA) 
by the Secretary to be held in trust, in perpetuity, for the 
Coquille Tribe. The Secretary will manage this land consistent 
with the current Federal forest management plans in place on 
adjacent lands. At the time of enactment, the plan which will 
most likely be in place is the President's Forest Plan, 
formally adopted in the Record of Decision dated April 13, 
1994. As the forest planning standards and guidelines on 
adjacent lands change over time, the plan for management of the 
Coquille Forest should be appropriately amended to reflect 
those changes. This subsection also gives the Secretary and the 
Tribe the discretion to implement a management strategy on 
these lands consistent with the Independent Scientific Advisory 
Team's (ISAT's) report entitled, ``A Forest Management Strategy 
for the Proposed Coquille Forest,'' developed in 1995. The 
implementation of an ISAT based plan is purely discretionary.
    Paragraph (4) provides guidelines for how the BLM should 
manage the land in the interim two-year period to the transfer 
to the BIA.
    Under paragraph (5), after the transfer from the BLM to the 
BIA has occurred, the Secretary is provided discretionary 
authority to enter into an Indian self-determination agreement 
with the Coquille tribe which would allow all or a portion of 
the designated Coquille Forest to be managed by the Tribe. As a 
condition of entering into this agreement, the Secretary must 
find that the Tribe has developed a formal Memorandum of 
Agreement (MOA) with the State of Oregon, as described in 
paragraph (9) below.
    Under paragraph (6), all valid existing rights are 
protected. In addition, the subsection stipulates that all 
lands designated as the Coquille Forest will remain open to 
hunting, fishing, recreation and transportation.
    Paragraph (7) requires that all Federal log export 
restrictions apply to timber sales conducted on the Coquille 
Forest.
    Paragraph (8) requires that all timber sales on Coquille 
Forest lands will be subject to the same open bidding 
procedures that apply to timber sales on BLM lands. These 
guidelines should be followed and that no exclusive timber 
sales contract or contracts should be authorized by the 
Secretary, BIA or the Tribe for sales offered on these lands.
    Under paragraph (9), the Tribe is directed to enter into a 
MOA with the State of Oregon.
    Paragraph (10) directs that lands which are taken out of 
the base of lands considered for revenue purposes under the O&C 
Act of 1937 are directed to be replaced by a redesignation as 
lands subject to the O&C Act of lands currently in public 
domain status. The purpose of this section is to avoid adverse 
revenue impacts to the O&C Counties of western Oregon, 
collectively, or to Coos County, Oregon, specifically. In no 
event should this redesignation exceed 5,000 acres. In 
addition, no positive revenue impacts to the counties should be 
created by this section.
    Under paragraph (11), the Secretary is directed to 
complete, within two years from the date of enactment, a full 
scientific peer review of the ISAT report. A previous peer 
review on the report, which was conducted prior to the passage 
of this measure, has been criticized in testimony before the 
Committee as inadequate. The peer review required under this 
subsection will be done in a manner consistent with current 
Interior Department guidelines for the development of such 
reports.

                title vi--bull run watershed protection

    Section 601. This section renumbers the appropriate 
sections of P.L. 95-200 accordingly to accommodate the changes 
outlined in Sec. 602 below.
    Section 602. This section amends P.L. 95-200 by adding a 
new subsection 2(b) to that act. The elements of this new 
subsection are as follows:
    Paragraph (1) prohibits the cutting of trees within the 
hydrographic boundary of the Bull Run River Drainage, as 
depicted on a map dated June 1996. The Committee understands 
that the Bull Run River Drainage means the physical drainage of 
the Bull Run watershed above the headworks of the City of 
Portland, Oregon's water storage and delivery project. In no 
way is it the intention of the Committee to include the Little 
Sandy River Drainage as a component of this area.
    Paragraph (2) outlines conditions under which the Secretary 
of Agriculture may allow the cutting of trees.
    Sections 603, 604, and 605. These sections renumber the 
appropriate sections of P.L. 95-200.

            title vii--oregon islands wilderness, additions

    Section 701. Oregon Islands Wilderness, Additions. This 
section adds lands to the Oregon Islands Wilderness System.
    Subsection (a) designates 95 acres of rocks, islets, 
islands and reefs to the Oregon Islands Wilderness System. 
These lands are currently managed as a National Wildlife 
Refuge.
    Subsection (b) designates any Federally-owned, named, 
unnamed, surveyed and unsurveyed rocks, reefs, islets and 
islands lying within three geographic miles off the Oregon 
Coast as wilderness.
    Subsection (c) requires a map to be filed with the 
appropriate Congressional Committees as soon as practicable.
    Subsection (d) codifies Public Land Order 6287 of June 16, 
1982 which withdrew any rocks, reefs, islets and islands within 
three geographic miles of the Oregon Coast as part of the 
Oregon Islands National Wildlife Refuge.

              TITLE VIII--UMPQUA RIVER LAND EXCHANGE STUDY

    Section 801. Policy and Direction. Subsection (a) directs 
the Secretaries of the Interior and Agriculture to participate 
with the Umpqua Basin Land Exchange Project, other affected 
units of state and local government, and certain non-
governmental partners to build a data base for and make 
recommendations regarding the exchange.
    Section 802. Report to Congress. Subsection (a) requires 
that a joint report of the Secretaries of the Interior and 
Agriculture will be submitted to Congress no later than 
February 1, 1998. This subsection also sets minimum standards 
for items to be addressed by the report.
    Section 803. Authorization of Appropriations. Subsection 
(a) authorizes $2,000,000 to carry out the purposes of this 
title.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1662. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1662, as ordered reported.

                        Executive Communication

    The Committee on Energy and Natural Resources has requested 
legislative reports from the Department of the Interior, 
Department of Agriculture and the Office of Management and 
Budget setting forth Executive Agency recommendations of S. 
1662, as amended. When these reports become available, the 
Chairman will request that they be printed in the Congressional 
Record for the Advice of the Senate. The testimony provided by 
the Department of Agriculture and the Department of the 
Interior follows:

     Statement of Nancy K. Hayes, Chief of Staff and Counselor to 
                the Director, Bureau of Land Management

          I appreciate the opportunity to present the views of 
        the Department of the Interior on S. 1662, the Oregon 
        Resource Conservation Act of 1996. Before discussing 
        specific provisions of this bill, I would like to 
        express our appreciation to Senator Hatfield for his 
        efforts to develop permanent solutions to longstanding 
        and controversial natural resource issues in the State 
        of Oregon.
          The Department of the Interior supports the goals of 
        this legislation, and would support Title II, on the 
        Upper Klamath Basin, if it is amended according to our 
        testimony. We support Title III, concerning the Mount 
        Hood Corridor. On Title IV, the Coquille Forest 
        Ecosystem Management Plan, we have not had the 
        opportunity to analyze fully legislative language on 
        this Plan. However, as prescribed in the Coquille 
        Restoration Act, the Department is working with the 
        tribe to develop a plan for economic development as 
        required in the Act. The Department is in the midst of 
        negotiations with the tribe on various proposals, and 
        we urge Congress to allow us to complete these 
        negotiations.
          Title I of S. 1662 would create a 12,800 acre Opal 
        Creek Wilderness Area and a 13,000 acre Opal Creek 
        National Scenic Recreation Area. Most of the lands 
        proposed for designation are managed by the U.S. Forest 
        Service in the Willamette National Forest.
          Section 104 of Title I calls for the Department and 
        other agencies to contribute affirmatively to the most 
        sensitive present and future use of the Scenic 
        Recreation Area and its various sub-areas for the 
        benefit of the public. We plan to work with the Forest 
        Service closely on this issue.
          Section 107 would designate Elkhorn Creek as a Wild 
        and Scenic River. We strongly support this designation. 
        Roughly half of the eight mile area is managed by the 
        Bureau of Land Management (BLM) while the Forest 
        Service manages the remainder. As part of the BLM's 
        Salem Resource Management Plan (RMP), we found the 
        creek eligible for designation. This designation would 
        be consistent with the BLM's land use plans, and we are 
        pleased to support it.
          Turning to Title II, I think we all have learned from 
        the success of the Applegate Partnership in southern 
        Oregon that when groups which might otherwise be 
        adversaries sit down at the table together, we can go a 
        long way toward resolving competing goals for natural 
        resources. We support your efforts to repeat that 
        success. Title II of S. 1662 sets in statute a five-
        year pilot project to allow balanced, consensus-based, 
        citizen working groups in both the Klamath and 
        Deschutes Basins, in Oregon, to provide ecological 
        restoration recommendations to federal agencies. This 
        working group process sprang, largely, out of testimony 
        received at the Water and Power Subcommittee hearing 
        held in Klamath Falls, Oregon, on July 7, 1994.
          Sec. 201 establishes by statute the Upper Klamath 
        Basin Working Group, which was formed locally in March 
        of 1995. This group is comprised of a wide spectrum of 
        interests, including industry, environmental, tribal 
        and local government, and local community users, and 
        has been charged with developing consensus on 
        recommendations regarding ecological restoration, 
        economic stability, and reducing drought impacts. We 
        strongly support the continuation of this Working Group 
        and a membership that represents a balance between 
        development and restoration efforts.
          We urge the Committee to amend Sec. 201 to clarify 
        the role of federal agencies in general and BLM in 
        particular. Sec. 201(a)(2) states that the Working 
        Group will include representation by the BLM, but Sec. 
        201(b)(1)(F) limits Federal agency participation to 
        providing technical assistance and participating in the 
        Working Group meetings as nonvoting members, and Sec. 
        201(c)(1) does not include BLM on the list of 
        representatives at all. The BLM should be a full 
        participant at every level of representation on the 
        Working Group, as should the Bureau of Indian Affairs 
        (BIA). We would also note that Section 201(d) is not 
        necessary and could be removed, since the land 
        management agencies already have broad authorities 
        covering these activities under which appropriations 
        could be made.
          Sec. 202 authorizes a similar pilot project for the 
        Deschutes Basin Working Group to meet and provide 
        environmental recommendations to federal agencies. This 
        group has been working for nearly five years, and has 
        strong participation and support from environmental 
        groups, tribes, local irrigators, elected officials, 
        and business leaders.
          We understand that Sec. 202 may be amended to provide 
        more detailed language on the Deschutes Basin Working 
        Group. As this amendment is developed, we urge that 
        Sec. 202 be amended to clarify the role of various 
        federal agencies and be expanded to fit the specific 
        situation in the Deschutes area. Other federal agencies 
        with regulatory roles in the Deschutes Basin are not 
        mentioned in the bill. The Department recommends that 
        the bill clarify that these agencies could be called 
        upon when issues related to their roles are raised 
        rather than being designated as full time 
        representatives of the group.
          In addition to the land management agencies, the 
        Secretary of the Interior has a trust responsibility 
        for Native American Tribes. In that capacity, the 
        representation in the Deschutes Working Group needs to 
        be amended to include the Confederated Tribes of the 
        Warm Springs and the Burns Paiute Tribe.
          Also, since the role of FWS on the Deschutes Basin 
        group may differ from its role on the Upper Klamath 
        Working Groups, the Department recommends that the bill 
        be amended to designate the BLM, not the FWS, to manage 
        Deschutes Basin funds. The U.S. Fish and Wildlife 
        Service would continue to manage Klamath Basin funds.
          Finally, we do not believe that the working groups 
        set in place by Title II would be subject to the 
        Federal Advisory Committee Act (FACA). However, in 
        order to avoid any uncertainty that may trigger 
        litigation, we recommend that language be inserted to 
        explicitly exempt these community-based working groups 
        from the requirements of the FACA.
          Title III of the bill proposes a 3,500 acre land 
        exchange between the BLM and the Longview Fibre timber 
        company in the Mt. Hood Corridor along U.S. Highway 26. 
        Mt. Hood is an Oregon treasure, a landmark in which the 
        citizens of Oregon take great pride. The mountain 
        provides recreation opportunities for millions of 
        Oregonians. The geology and ecosystems that surround 
        the mountain provide habitat for thousands of wildlife 
        and plant species, and offer clean air and water for 
        Oregon residents. Thousands of people drive along U.S. 
        Highway 26 every year and the view this ``corridor'' 
        affords is breathtaking. The Department strongly 
        supports this exchange, which when completed, would 
        prevent extensive logging that would mar the view along 
        the highway. In fact, the BLM and the timber company 
        are currently proceeding with this exchange using 
        existing authorities [Sec. 206 of the Federal Land 
        Policy Management Act (FLPMA) and the Federal Land 
        Exchange Facilitation Act (FLEFA)].
          The Department supports the goals of this Title. We 
        have some concerns about the requirement in subsection 
        (f) that the Mt. Hood Corridor land exchange be 
        completed within two years, because some factors in the 
        exchange process are not within the BLM's control. 
        However, Senator Hatfield, I know how strongly you 
        support this exchange, and within the next year, we 
        will make progress towards completion.
          Finally, Sec. 301(e) addresses the distribution of 
        future revenues from lands acquired through the land 
        exchange. By authorizing the redesignation of public 
        domain land to O&C status, subsection (e) clarifies 
        that revenues would be distributed in accordance with 
        the O&C Act, and not in accordance with general public 
        land laws, and therefore the flow of revenue to the O&C 
        counties will not be adversely affected by this land 
        exchange.
          The Department of the Interior appreciates the 
        opportunity to testify on this important bill.
                                ------                                


       Statement of Brian E. Burke, Deputy Under Secretary, for 
      Natural Resources and Environment, Department of Agriculture

          Mr. Chairman and members of the subcommittee, thank 
        you for the opportunity to offer our views on S. 1662, 
        a bill to establish areas of wilderness and recreation 
        in the state of Oregon. I am accompanied today by Bill 
        Funk, District Ranger on the Detroit District of the 
        Willamette National Forest. The Department of 
        Agriculture will limit its testimony to Title I of S. 
        1662 which deals with establishment of the Opal Creek 
        Wilderness and Opal Creek Scenic Recreational Area. We 
        defer to the Department of the Interior concerning the 
        remainder of the bill.
          The Department of Agriculture supports enactment of 
        Title I of S. 1662.
          S. 1662 would establish the Opal Creek Wilderness, 
        adding approximately 13,212 acres of the Willamette 
        National Forest in Oregon to the National Wilderness 
        Preservation System. The proposed wilderness would also 
        include that part of the Bull of the Woods Wilderness 
        that is located in the Willamette National Forest. 
        Additionally, the bill would establish the Opal Creek 
        Scenic Recreation Area, also located in the Willamette 
        National Forest, which would be approximately 13,013 
        acres. The establishment of both the wilderness and 
        scenic recreation areas is conditioned on the donation 
        of all right, title and interest in a number of 
        patented parcels within the proposed boundaries of the 
        two units and the donation of an easement across 
        certain other parcels. Finally, S. 1662 would designate 
        Elkhorn Creek as a component of the National Wild and 
        Scenic Rivers System. The bill provides that the 
        boundaries of the designated segment shall include an 
        average of not more than 640 acres per mile in contrast 
        to the 320 acres specified in the Wild and Scenic 
        Rivers Act.
          The proposed Opal Creek Wilderness and Elkhorn Creek 
        would be managed in accordance with the provisions of 
        the Wilderness Act and the Wild and Scenic Rivers Act 
        respectively. With respect to the Scenic Recreation 
        Area, the bill would require the Secretary of 
        Agriculture to: (1) develop a management plan for the 
        Scenic Recreation Area that provides for a broad range 
        of land uses including recreation, harvesting of 
        nontraditional forest products, such as gathering 
        mushrooms and material to make baskets, and educational 
        and research opportunities; (2) revise the inventory of 
        cultural and historic resources of the area and develop 
        interpretive activities for the area; (3) develop a 
        transportation plan that evaluates the road network and 
        addresses the access needs by persons with disabilities 
        and the use of motorized vehicles within the area; (4) 
        permit hunting and fishing subject to other Federal and 
        State Laws; (5) permit timber cutting under limited 
        conditions while prohibiting salvage sales; (6) subject 
        to rights perfected before the date of enactment, 
        withdraw the lands from the operation of the mining and 
        mineral leasing laws; (7) provide for a level of 
        recreation activities that, at a minimum, accommodate 
        current levels of use; and (8) actively solicit public 
        participation in management of the area through 
        creation of an advisory panel, and seek the views of 
        private groups, individuals, and the public, other 
        agencies and appropriate nonprofit agencies or 
        organizations. Additionally, the bill would prohibit 
        the Federal Energy Regulatory Commission from licensing 
        any water impoundment or other projects in the scenic 
        recreation area.
          The Opal Creek drainage, which gives its name to the 
        proposed wilderness and scenic recreation area, has 
        excellent natural resource attributes and protection of 
        this area has long been an important regional issue. 
        There are excellent examples of low elevation old-
        growth forest within the wilderness and scenic 
        recreation areas that provides habitat for the 
        threatened northern spotted owl. The area includes a 
        resident fishery and provides essential water quality 
        for downstream anadromous salmon and steelhead 
        fisheries. A wide array of outdoor recreation 
        opportunities exist within the proposed scenic 
        recreation area.
          The entire area within the proposed wilderness and 
        scenic recreation area has been designated as a Late-
        Successional Reserve (LSR) under the President's 
        Northwest Plan. LSRs are managed to protect and enhance 
        conditions of late-successional and old-growth forest 
        ecosystems and thereby serve as habitat for late-
        successional and old-growth related species including 
        the northern spotted owl. This direction is compatible 
        with the purposes of this legislation. Moreover, the 
        lands proposed for inclusion in the National Wilderness 
        Preservation System meet the criteria for designation 
        as set forth in the Wilderness Act.
          We do have a general concern about the creation of 
        another statutory special management unit, the Opal 
        Creek Scenic Recreation Area. We believe that the 
        management direction contained in the President's Plan 
        is adequate to protect the resource values found in the 
        proposed scenic area. We understand that some 
        individuals and groups believe permanent statutory 
        protection is necessary. We simply observe that 
        ecosystems are dynamic and that a legislated management 
        regime that fits today's circumstances may not be 
        appropriate for the future. The occurrence of a 
        catastrophic event such as a major fire is the most 
        obvious example of how conditions may change. We 
        believe that the process for allocating land uses under 
        the National Forest Management Act, replete with public 
        input, is a sound way to develop management direction 
        over the long term. We also recognize the long standing 
        public concern over the management of Opal Creek and 
        that this carefully designed legislation represents a 
        compromise among many competing interests.
          The Department does recommend two substantive 
        changes. First, sections 104 and 105 of the bill would 
        require the Secretary to establish an advisory council 
        for the Scenic Recreation Area and consult with the 
        council on a periodic basis. The Administration 
        generally does not support provisions that establish 
        new advisory committee. We recommend that bill language 
        be amended to provide simply that the Secretary develop 
        a management plan for the area ``with public 
        participation'' and the section 105 be deleted. 
        Accordingly, the Secretary would receive input from 
        interested parties through the traditional public 
        involvement mechanism which rely on notice and provide 
        for total public access.
          The other recommended change would specifically 
        classify Elkhorn Creek as a scenic river within the 
        National Wild and Scenic Rivers System. The Elkhorn 
        Creek drainage has had little development. Although 
        some timber harvesting and road development have 
        occurred, very little activity has encroached on the 
        stream. The shoreline is largely inaccessible and 
        primitive. There are no impoundments on this stream, 
        nor are there any recreational facilities on the 
        shoreline. Scenic values are high. This situation best 
        corresponds to the scenic river classification 
        described in sec. 2(b) of the Wild and Scenic Rivers 
        Act. Accordingly, we recommend that language be added 
        to the bill to classify Elkhorn Creek as a scenic 
        river.
          In addition, we have several technical suggestions 
        for amending the bill.
          This concludes my prepared statement. I would be 
        pleased to answer the Subcommittee's questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1662, as ordered reported, are shown as follows:

                       Wild and Scenic Rivers Act

  An ACT To provide a National Wild and Scenic Rivers System, and for 
                             other purposes

          * * * * * * *
    Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
          * * * * * * *
          (A) Elkhorn Creek.--Elkhorn Creek from its source to 
        its confluence on Federal land to be administered by 
        agencies of the Departments of the Interior and 
        Agriculture as agreed on by the Secretary of the 
        Interior and the Secretary of Agriculture or as 
        directed by the President. Notwithstanding subsection 
        3(b), the lateral boundaries of the Elkhorn River shall 
        include an average of not more than 640 acres per mile 
        measured from the ordinary high water mark on both 
        sides of the river.
          (B) The 6.4 miles segment traversing federally 
        administered lands from that point along the Willamette 
        National Forest boundary on the common section line 
        between Sections 12 and 13, Township 9 South, Range 4 
        East, Willamette Meridian, to that point where it 
        leaves Federal ownership along the Bureau of Land 
        Management boundary in Section 1, Township 9 South, 
        Range 3 East, Willamette Meridian, in the following 
        classes:
                  (i) a 5.8-mile wild river area, extended from 
                that point along the Willamette National Forest 
                boundary on the common section line between 
                Section 12 and 13, Township 9 South, Range 4 
                East, Willamette Meridian, to be administered 
                as agreed on by the Secretaries of Agriculture 
                and the Interior, or as directed by the 
                President; and
                  (ii) a 0.6-mile scenic river area, extending 
                from the confluence with Buck Creek in Section 
                1, Township 9 South, Range 3 East, Willamette 
                Meridian, to that point where it leaves Federal 
                ownership along the Bureau of Land Management 
                boundary in Section 1, Township 9 South, Range 
                3 East, Willamette Meridian, to be administered 
                by the Secretary of the Interior, or as 
                directed by the President.
          (c) Notwithstanding Section 3(b) of this Act, the 
        lateral boundaries of both the wild river area and the 
        scenic river area along Elkhorn Creek shall include an 
        average of not more than 640 acres per mile measured 
        from the ordinary high water mark on both sides of the 
        river.
                              ----------                              --
--------


                    [Public Law 101-42, 101st Cong.]

  An ACT To provide for restoration of the Federal trust relationship 
    with, and assistance, to, the Coquille Tribe of Indians and the 
individual members consisting of the Coquille Tribe of Indians, and for 
                             other purposes

          * * * * * * *

SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.

          * * * * * * *
    (c) Lands To Be Nontaxable.--Any real property taken into 
trust for the benefit of the Tribe under this section shall be 
exempt from all local, State, and Federal taxation as of the 
date of transfer.
    (d) Creation of the Coquille Forest.--
          (1) Within 90 days of the enactment of this title, 
        the Secretary of the Interior is authorized to and 
        shall, in accordance with this title and in 
        consultation with the Coquille Tribe of Coos County, 
        Oregon, designate approximately five thousand acres of 
        forest lands in Coos County, Oregon, to which the 
        United States holds title, located in the historic 
        territory of the Coquille Indian people, as the 
        Coquille Forest.
          (2) A map showing the Federal portions of these 
        sections designated as the Coquille Forest, and such 
        additional legal descriptions which are applicable, 
        shall within 180 days of the date of enactment of this 
        title, be prepared by the Secretary in consultation 
        with the Tribe and placed on file at the local District 
        Office of the Bureau of Land Management, the Agency 
        Office of the Bureau of Indian Affairs, and with the 
        Senate Committee on Energy and Natural Resources and 
        the House Committee on Resources.
          (3) Two years from the date of enactment of this 
        subsection, the Secretary shall transfer lands 
        designated under subsection (d)(1), to the Bureau of 
        Indian Affairs, to be held in trust, in perpetuity, for 
        the Coquille Tribe. As Indian trust forest lands, the 
        Secretary of the Interior, acting through the Assistant 
        Secretary for Indian Affairs shall manage these lands 
        under applicable forestry laws and in a manner 
        consistent with the standards and guidelines of Federal 
        forest plans on adjacent lands. The Secretary and the 
        Tribe may authorize management of the Coquille Forest 
        consistent with the Coquille Forest management strategy 
        developed by the Independent Scientific Advisory Team 
        and set forth in the report entitled, ``A Forest 
        Management Strategy for the Proposed Coquille Forest'' 
        dated August 31, 1995 and including the December 20, 
        1995 Addendum.
          (4) From the date of enactment of this title until 
        two years after the date of enactment of this title, 
        the Bureau of Land Management shall:
                  (A) retain Federal jurisdiction for the 
                management of lands designated under this title 
                as the Coquille Forest; and,
                  (B) prior to advertising, offering or 
                awarding any timber sale contract on lands 
                designated under this title as the Coquille 
                Forest, obtain the approval the Bureau of 
                Indian Affairs, which shall act on behalf of 
                and in consultation with the Coquille Tribe.
          (5) After completion of the transfer to the Bureau of 
        Indian Affairs, required in this subsection, the 
        Secretary may, pursuant to the Indian Self-
        Determination Act (25 U.S.C. 450 et seq.), enter into 
        an Indian self-determination agreement with the 
        Coquille Indian Tribe. Such agreement shall provide for 
        the Tribe to carry out all or a portion of the forest 
        management program for the Coquille Forest. Prior to 
        entering such an agreement, and as a condition of 
        maintaining such an agreement, the Secretary must find 
        that the Coquille Tribe has entered into a Memorandum 
        of Agreement (MOA) with the State of Oregon, as 
        required under subsection (8) this title.
          (6) The Land designated under this title shall be 
        subject to valid existing rights, including all valid 
        liens, rights-of-way, licenses, leases, permits, and 
        easements existing on date of the enactment of this 
        title. These lands will remain open to public access 
        for purposes of hunting, fishing, recreation and 
        transportation, except when closure is required by 
        State or Federal law.
          (7) Unprocessed logs harvested from the Coquille 
        Forest shall be subject to the same Federal statutory 
        restrictions on export to foreign nations that apply to 
        unprocessed logs harvested from Federal lands.
          (8) All sales of timber from land subject to this 
        title shall be advertised, offered and awarded in 
        accordance with the public bidding and contracting laws 
        and procedures applicable to the Bureau of Land 
        Management.
          (9) The Coquille Tribe shall enter into a Memorandum 
        of Agreement (MOA) with the State of Oregon relating to 
        the establishment and management of the Coquille 
        Forest. The MOA shall include, but not be limited to, 
        the terms and conditions for preserving public access, 
        continuing public rights, advancing jointly-held 
        resource management goals, achieving coordinated 
        management framework. Further, provisions set forth in 
        the MOA shall be consistent with Federal trust 
        responsibility requirements applicable to Indian trust 
        lands. The U.S. District Court for the District of 
        Oregon shall have jurisdiction over actions arising out 
        of claims of breach of the MOA.
          (10) So as to maintain the current flow of revenue 
        from land subject to the Act entitled ``An Act relating 
        to the revested Oregon and California Railroad and 
        reconveyed Coos Bay Wagon Road grant land situated in 
        the State of Oregon'', approved August 28, 1937 (43 
        U.S.C. 1181a et seq.), the Secretary shall redesignate 
        public domain land located in the Coquille Tribe's 
        service area, as defined in the Coquille Tribal 
        Restoration Act of 1989 (P.L. 101-42), as land subject 
        to that Act. In no event shall payments due to Coos 
        County, Oregon, under that Act be diminished as a 
        result of the land designations required pursuant to 
        this title.
          (11) Within two years of the date of enactment of 
        this subsection, the Secretary shall complete a formal 
        scientific peer review of the management strategy 
        developed by the Independent Scientific Advisory Team 
        and set forth in the report entitled, ``A Forest 
        Management Strategy for the Proposed Coquille Forest'' 
        dated August 31, 1995 and including the December 20, 
        1995 Addendum.
                              ----------                              --
--------

              Public Law 95-200 [H.R. 7074]; Nov. 23, 1977
        National Forest System--Oregon--Administration Authority
An ACT To provide improved authority for the administration of certain 
                 National Forest System lands in Oregon
          * * * * * * *
                               management
    Sec. 2. (a) The unit and the renewable resources therein, 
shall be administered as a watershed by the Secretary of 
Agriculture in accordance with the laws, rules, and regulations 
applicable to National Forest System lands except to the extent 
that any management plan or practice is found by the Secretary 
to have a significant adverse effect on compliance with the 
water quality standards referred to in section [2(b)] 2(c) 
hereof or on the quantity of the water produced thereon for the 
use of the city, and other local government units and persons 
using such water under agreements with the city (and the 
Secretary shall take into consideration the cumulative effect 
of individually insignificant degradations), in which case, and 
notwithstanding any other provision of law, the management plan 
and all relevant leases, permits, contracts, rights-of-way, or 
other rights or authorizations issued pursuant thereto shall 
forthwith be altered by the Secretary to eliminate such adverse 
effect by a application of different techniques or prohibitions 
of one or more such practices or uses: Provided, however, That 
use of such water for the production of energy and the 
transmission of such energy through and over the unit are 
deemed consistent with the purposes of this Act and the rights-
of-way heretofore granted to Bonneville Power Administration by 
the Forest Service through and over the unit are validated and 
confirmed and deemed consistent with the purposes of this Act.
    (b) Timber Cutting.--
          (1) In general.--Sujbect to paragraph (2), the 
        Secretary of agriculture shall prohibit the cutting of 
        trees in that part of the unit consisting of the 
        hydrographic boundary of the Bull Run River Drainage 
        and as depicted in a map dated June 1996 and entitled 
        ``Bull Run River Drainage''.
          (2) Permitted cutting.--
                  (A) In general.--Subject to subparagraph (B), 
                the Secretary of Agriculture shall prohibit the 
                cutting of trees in the area described in 
                subparagraph (1).
                  (B) Permitted cutting.--Subject to 
                subparagraph (B), the Secretary may allow the 
                cutting of trees in the area described in 
                subparagraph (1)--
                          (i) for the protection or enhancement 
                        of water quality in the area described 
                        in subparagraph (1); or
                          (ii) for the protection, enhancement, 
                        or maintenance of water quantity 
                        available from the area described in 
                        subparagraph (1); or
                          (iii) for the construction, 
                        expansion, protection or maintenance of 
                        municipal water supply facilities; or
                          (iv) for the construction, expansion, 
                        protection or maintenance of facilities 
                        for the transmission of energy through 
                        and over the unit or previously 
                        authorized hydroelectric facilities or 
                        hydroelectric projects associated with 
                        municipal water supply facilities.
                  (C) Salvage sales.--The Secretary of 
                Agriculture may not authorize a salvage sale in 
                the area described in subparagraph (1).
    [(b)] (c) The policy set forth in subsection (a) and (b) 
shall be attained through the development, maintenance, and 
periodic revision of land management plans in accordance with 
procedures set forth in section 5 of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (88 Stat. 477, as 
amended; 16 U.S.C. 1604), through the maintenance of systems 
for monitoring and evaluating water quality, and through 
supporting scientific research as the Secretary may deem 
necessary after consultation and in coordination with the city. 
In the development and revision of land management plans for 
the unit, the Secretary, except as otherwise provided in 
section 2(a) hereof, shall provide for public participation and 
shall consult and coordinate with appropriate officials and 
advisors of the city, and shall consider such data and research 
as the city may collect through its own monitoring systems and 
scientific efforts, if any. Such plans shall be prepared by an 
interdisciplinary team; be embodied in appropriate written 
material, including maps and other descriptive documents; shall 
contain water quality standards developed by the Secretary 
after consultation and in cooperation with the city, which 
standards shall be substantially based on and shall reflect a 
quality of water not significantly less than the quality 
reflected by percentile curves developed from data collected 
from 1967 through 1975 and, if none, from data collected in the 
first three years of record thereafter; and be available to the 
public at convenient locations. The initial plan or plans shall 
be completed as soon as practicable after the enactment of this 
Act, but not later than September 30, 1979. Current data shall 
be compared to historical data at least annually for the 
purpose of determining compliance with the standards and the 
significance of any deviation therefrom. Deviations occurring 
from operation, maintenance, alteration, or construction of 
water storage, or electrical generation and transmission 
facilities, seasonal fluctuations, variations in climate, and 
other natural phenomena, fire, or acts of God, shall not be 
considered in determining the historical or current percentile 
curves.
          * * * * * * *