[House Report 110-591]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-591

======================================================================
 
                  COPPER SALMON WILDERNESS ACT OF 2008

                                _______
                                

 April 17, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3513]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3513) to amend the Oregon Wilderness Act of 1984 to 
designate the Copper Salmon Wilderness and to amend the Wild 
and Scenic Rivers Act to designate segments of the North and 
South Forks of the Elk River in the State of Oregon as wild or 
scenic rivers, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Copper Salmon Wilderness Act of 
2008''.

SEC. 2. DESIGNATION OF THE COPPER SALMON WILDERNESS.

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

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

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

SEC. 4. PROTECTION OF TRIBAL RIGHTS.

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

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

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

                          Purpose of the Bill

    The purpose of H.R. 3513 is to amend the Oregon Wilderness 
Act of 1984 (P.L. 98-328) to designate the Copper Salmon 
Wilderness and to amend the Wild and Scenic Rivers Act to 
designate segments of the North and South Forks of the Elk 
River in the State of Oregon as wild and scenic rivers, and for 
other purposes.

                  Background and Need for Legislation

    H.R. 3513, as amended, designates 11,922 acres of the Rogue 
River-Siskyou National Forest in Oregon as wilderness, 1,708 
acres of the Rogue River-Siskyou National Forest as potential 
wilderness, and 10.8 miles of river as wild and scenic.
    Adjacent to the eastern boundary of the Grassy Nob 
Wilderness, the Copper Salmon area includes the North and South 
Forks of the Elk River and the upper Middle Fork of Sixes 
River. The area contains one of the nation's largest remaining 
stands of low-elevation old-growth forest. This area includes 
the last remaining stands of Port Orford Cedars in the Elk 
River watershed. The fisheries of the Elk River are known as 
one of the best salmon and steelhead producers in the 
continental United States.
    H.R. 3513 has broad support from Oregon Governor 
Kulongoski, the Curry County Commission, the Mayor of Port 
Orford, the Port Orford Chamber of Commerce, the Friends of the 
Elk River, Trout Unlimited, and the American Fisheries Society 
(Oregon Chapter).

                            Committee Action

    H.R. 3513 was introduced on September 10, 2007 by 
Representative Peter DeFazio (D-OR). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests, and Pubic Lands. 
On November 13, 2007, the Subcommittee on National Parks, 
Forests, and Public Lands held a legislative hearing on the 
bill.
    On April 2, 2008, the Full Natural Resources Committee met 
to consider H.R. 3513. The Subcommittee on National Parks, 
Forests and Public Lands was discharged from further 
consideration of the bill. Representative DeFazio offered an 
amendment in the nature of a substitute to make technical 
changes to the map, designate 1,708 acres of plantations within 
the wilderness boundary as potential wilderness for ten years 
to allow ecological restoration work, add language regarding 
boundary offsets from roads, and add a new section regarding 
the protection of tribal rights. The amendment in the nature of 
a substitute was adopted by voice vote. The bill, as amended, 
was then ordered favorably reported to the House of 
Representatives by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 cites the short title of this Act as the ``Copper 
Salmon Wilderness Act''.

Section 2. Designation of the Copper Salmon Wilderness, Oregon

    Section 2(a) amends the Oregon Wilderness Act of 1984 to 
designate approximately 11,922 acres of the Siskyou National 
Forest as wilderness.
    Section 2(b)(3) states that if the boundary of the Copper 
Salmon Wilderness shares a border with a road, the Secretary 
may establish as offset that is not more than 150 feet from the 
centerline of the road.
    The Committee is aware that some National Forest lands 
designated as Wilderness by H.R. 3513 contain culverts. The 
Committee understands that some of the culverts are in 
disrepair. In fact, in 2002, the General Accounting Office 
reported that the Forest Service's culvert maintenance backlog 
totaled $331 million in Washington and Oregon (GAO-02-596T). 
The GAO report concludes that the Forest Service has not made 
sufficient funds available for culvert maintenance.
    The Committee anticipates that the Forest Service will 
eventually remove most, if not all, of the culverts after this 
area is designated as wilderness. In particular, the Blackberry 
Creek culvert is a tremendous obstacle for salmon and 
steelhead. The Rogue River-Siskiyou National Forest has 
identified this 10 foot high by 110 foot long fish passage 
barrier as a top ten priority for removal in the Forest, to be 
replaced with a bridge. Removal of this barrier will add fish 
to the Elk River system, benefitting the sport and commercial 
fishing industries that are an integral part of the local 
economy. The Committee anticipates that removal of the 
Blackberry Creek culvert will be a funding and ecological 
priority for the Forest Service. However, the Committee is 
aware that such removal may not occur in a timely manner given 
the current state of the Forest Service's maintenance backlog. 
In the interim, the Forest Service may find that continued 
maintenance is necessary with respect to a particular culvert 
or culverts in order to avoid damage to fisheries and soil 
resources.
    Section 4(c) of the Wilderness Act prohibits, among other 
things, the use of motor vehicles, motorized equipment, or 
other forms of mechanized transport, ``except as necessary to 
meet minimum requirements for the Administration of the area 
for the purpose of this Act . . .'' The Committee believes that 
the Forest Service's ability to properly maintain affected 
culverts can be accomplished consistent with this authority. 
The Committee recognizes that the Forest Service may determine 
that the use of motorized or mechanized equipment is necessary 
to accomplish maintenance activities. In fact, the Committee 
notes that the federal land management agencies' wilderness 
management guidelines explicitly state that the term ``minimum 
tool'' is not synonymous with ``primitive tool'' and in some 
cases an agency may determine that ``minimum tool'' includes 
motor vehicles, or other motorized or mechanized equipment.

Section 3. Wild and Scenic River designations, Elk River, Oregon

    Section 3 amends the Wild and Scenic Rivers Act to 
designate approximately 10.8 miles of the North Fork Elk and 
South Fork Elk Rivers as wild and scenic.

Section 4. Protection of tribal rights

    Section 4(a) states that nothing in the Act shall be 
construed as diminishing any right of any Indian Tribe.
    Section 4(b) requires the Secretary to enter into a 
memorandum of understanding with the Coquille Indian Tribe 
regarding access to the Copper Salmon Wilderness to conduct 
historical and cultural activities.

Section 5. Designation of potential wilderness area, Siskiyou National 
        Forest, Oregon

    Section 5(a) designates 1,708 acres of the Siskiyou 
National Forest as potential wilderness for eventual inclusion 
in the Copper Salmon Wilderness.
    Section 5(c) and 5(d) state that the Secretary shall manage 
the potential wilderness as wilderness with the exception of 
allowing for implementation of the planned ecological 
restoration approved by the Decision Notice and Finding of No 
Significant Environmental Impact for the Environmental 
Assessment for Coastal Healthy Forest Treatments, dated May 25, 
2007.
    Section 5(d) allows the Secretary to use motorized 
equipment and mechanized transport in the potential wilderness 
area for the ecological restoration activities until it is 
designated as wilderness.
    Section 5(d) further requires that to the maximum extent 
practicable, the Secretary shall use the minimum tool or 
administrative practice necessary to accomplish the ecological 
restoration activities in the potential wilderness.
    Section 5(f) states that the potential wilderness area 
shall be designated as wilderness on the earlier of the date on 
which the Secretary publishes in the Federal Register notice 
that the conditions in the potential wilderness area that are 
incompatible with the Wilderness Act have been removed or the 
date that is ten years after the enactment of the Act.
    The Committee intends for Section 5 of H.R. 3513 to be used 
to implement the Selected Alternative of the Coastal Healthy 
Forest Treatments Environmental Assessment and Decision Notice 
signed in May of 2007 within the areas designated as potential 
wilderness. The Committee expects that the receipts generated 
from these restoration projects will be directed toward the 
removal of the aforementioned culverts and toward the 
decommissioning of roads within the proposed wilderness area.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Oregon Wilderness Act of 
1984 to designate the Copper Salmon Wilderness and to amend the 
Wild and Scenic Rivers Act to designate segments of the North 
and South Forks of the Elk River in the State of Oregon as wild 
and scenic rivers.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

            H.R. 3513--Copper Salmon Wilderness Act of 2008

    H.R. 3513 would designate approximately 11,900 acres of 
land in the Siskiyou National Forest in Oregon as the Copper 
Salmon Wilderness. The bill also would designate certain 
segments of the north and south forks of the Elk River in 
Oregon as wild or scenic rivers and approximately 1,700 acres 
of the Siskiyou National Forest as a potential wilderness area.
    Assuming the availability of appropriated funds, CBO 
estimates that discretionary costs would increase by less than 
$1 million to implement the bill. Those funds would be used to 
survey and mark the wilderness area as well as remove existing 
culverts and roads.
    In addition, because a small portion of the affected area 
has had an environmental assessment completed, timber 
harvesting could occur in this area during the next 10 years 
under current law. Because the bill would designate the land as 
wilderness, some of that timber harvesting would not occur, 
leading to a loss of offsetting receipts. According to the 
Forest Service, any such activities would likely be done 
through the use of stewardship contracts, a program that allows 
the Forest Service to use proceeds from such sales, without 
appropriation, for various purposes. Thus, while the bill would 
lead to a small loss of offsetting receipts (less than $500,000 
over the 2009-2018 period), those losses would be offset by a 
corresponding reduction in direct spending. On balance, CBO 
estimates that enacting this legislation would have no net 
impact on direct spending and would not affect revenues.
    H.R. 3513 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    On March 11, 2008, CBO transmitted a cost estimate for S. 
2034, the Copper Salmon Wilderness Act, as ordered reported by 
the Senate Committee on Energy and Natural Resources on January 
30, 2008. H.R. 3513 would designate approximately 1,700 fewer 
acres of forest land in the Siskiyou National Forest as the 
Copper Salmon Wilderness than S. 2034, and would designate that 
land as potential wilderness for inclusion into the wilderness 
at a later date. The other provisions of the bill are similar, 
and the cost estimates for the bills are identical.
    The CBO staff contact for this estimate is Tyler Kruzich. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 3513 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

             SECTION 3 OF THE OREGON WILDERNESS ACT OF 1984

  Sec. 3. In furtherance of the purpose of the Wilderness Act 
the following lands in the State of Oregon comprising 
approximately [eight hundred fifty-nine thousand six hundred 
acres] 871,593 acres and as generally depicted on maps 
appropriately referenced, dated May 1984; are hereby designated 
as wilderness, and therefore, as components of the National 
Wilderness Preservation System--
          (1)  * * *

           *       *       *       *       *       *       *

          (29) certain lands in the Wallowa-Whitman National 
        Forest, which comprise approximately twenty-two 
        thousand seven hundred acres, are generally depicted on 
        a map entitled ``Hells Canyon Wilderness Additions-
        Proposed'', and which are hereby incorporated in, and 
        which shall be deemed to be part of, the Hells Canyon 
        Wilderness as designated in Public Law 94-199[.]; and
          (30) certain land in the Siskiyou National Forest, 
        comprising approximately 11,922 acres, as generally 
        depicted on the map entitled ``Copper Salmon Wilderness 
        Proposal'' and dated April 1, 2008, to be known as the 
        ``Copper Salmon Wilderness''.
                              ----------                              


WILD AND SCENIC RIVERS ACT

           *       *       *       *       *       *       *


  Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
  (1) * * *

           *       *       *       *       *       *       *

  (76) Elk, oregon.--The [19-mile segment] 28.2-mile segment to 
be administered by the Secretary of Agriculture in the 
following classes:
          (A) The 17-mile segment from the confluence of the 
        North and South Forks of the Elk to Anvil Creek as a 
        recreational river[; and].
          [(B) the 2-mile segment of the North Fork Elk from 
        the falls to its confluence with the South Fork as a 
        wild river.]
          (B)(i) The approximately 0.6-mile segment of the 
        North Fork Elk from its source in sec. 21, T. 33 S., R. 
        12 W., Willamette Meridian, downstream to 0.01 miles 
        below Forest Service Road 3353, as a scenic river.
          (ii) The approximately 5.5-mile segment of the North 
        Fork Elk from 0.01 miles below Forest Service Road 3353 
        to its confluence with the South Fork Elk, as a wild 
        river.
          (C)(i) The approximately 0.9-mile segment of the 
        South Fork Elk from its source in the southeast quarter 
        of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, 
        downstream to 0.01 miles below Forest Service Road 
        3353, as a scenic river.
          (ii) The approximately 4.2-mile segment of the South 
        Fork Elk from 0.01 miles below Forest Service Road 3353 
        to its confluence with the North Fork Elk, as a wild 
        river.

           *       *       *       *       *       *       *


                                  
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