[Senate Report 110-307]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 659
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-307

======================================================================



 
                      COPPER SALMON WILDERNESS ACT

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2034]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2034) 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, reports favorably thereon with an 
amendment and an amendment to the title and recommends that the 
bill, as amended, do pass.
    The amendment is as follows:
  1. 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 ``Copper Salmon Wilderness Act''.

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 ``873,300 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 13,700 acres, as generally depicted on 
        the map entitled `Proposed Copper Salmon Wilderness Area' and 
        dated December 7, 2007, 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 ``29-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.

  2. Amend the title so as to read: ``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 additions to the Elk Wild and 
Scenic River, and for other purposes.''.

                                Purpose

    The purpose of S. 2034 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 or scenic rivers.

                          Background and Need

    East of the existing Grassy Knob Wilderness Area, The 
Copper Salmon area encompasses Copper, Barklow, and Salmon 
Mountains in the Rogue River-Siskiyou National Forest in 
southwest Oregon. It contains one of the nation's largest 
remaining stands of low-elevation old-growth forest, including 
tall Douglas firs and relatively rare native Port Orford 
cedars. The area also contains the headwaters of the North Fork 
of the Elk River.
    During the last decade, a dedicated group of people have 
been working hard to protect Copper Salmon. The Port Orford 
Chamber of Commerce, the Mayor of Port Orford, the Curry County 
Commissioners, and a majority of the guides and lodges support 
wilderness designation.
    Copper Salmon is renowned among fishermen, and is a popular 
destination for anglers seeking to catch a trophy chinook 
salmon or winter steelhead. Few watersheds in Oregon can match 
the Elk River drainage. Copper Salmon also supports healthy 
populations of blacktail deer, elk, black bear, and mountain 
lion.
    Eighty percent of the watershed in this region is still 
intact. The Elk River has healthy wild runs of winter steelhead 
and chinook. It also has some coho salmon and sea-run cutthroat 
trout, as well as resident cutthroats and rainbow trout. Oregon 
State University researchers believe it is one of the 
healthiest anadromous fish streams in the lower 48 due to 
intact habitat.
    S. 2034 would designate the 13,700 acre Copper Salmon area 
as wilderness. It would also designate 9.3 miles of wild and 
scenic rivers.

                          Legislative History

    S. 2034 was introduced by Senator Wyden on September 10, 
2007 and Senator Smith was added as a cosponsor on September 
20, 2007. Rep. DeFazio introduced a companion measure in the 
House of Representatives (H.R. 3513) on September 10, 2007. The 
Subcommittee on Public Lands and Forests held a hearing on S. 
2034 on September 20, 2007 (S. Hrg. 110-216). The Committee on 
Energy and Natural Resources ordered it favorably reported on 
January 30, 2008.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 2034, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 2034, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
several technical changes and changes the map date so that the 
bill references an updated map. In addition, the amendment 
requires that, 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. Finally, the amendment includes a new provision 
regarding tribal rights.

                      Section-by-Section Analysis

    Section 1 contains the short title for the bill.
    Section 2(a) amends section 3 of the Oregon Wilderness Act 
of 1984 by adding certain land in the Siskiyou National Forest, 
comprising approximately 13,700 acres, as depicted on the 
identified map, to be known as the ``Copper Salmon 
Wilderness.''
    The Committee is aware that some National Forest lands 
designated as Wilderness by S. 2034 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 
totals $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. 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 the authority of 
the Wilderness Act. 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.
    Paragraph (b)(1) requires the Secretary of Agriculture to 
file a map and a legal description of the Copper Salmon 
Wilderness with the Committee on Energy and Natural Resources 
of the Senate and the Committee on Natural Resources of the 
House of Representatives.
    Paragraph (2) provides that the map and legal description 
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.
    Paragraph (3) states that, 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.
    Paragraph (4) requires that 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.
    Section 3 amends section 3(a)(76) of the Wild and Scenic 
Rivers Act to designate segments of the North and South Forks 
of the Elk River as additions to the existing Elk Wild and 
Scenic River.
    Section 4 states that nothing in this Act shall be 
construed as diminishing any right of any Indian tribe and 
requires the Secretary to 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.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 2034--Copper Salmon Wilderness Act

    S. 2034 would designate 13,700 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.
    Assuming the availability of appropriated funds, CBO 
estimates that discretionary costs would increase by less than 
$1 million to implement the bill. The 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.
    S. 2034 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.
    The CBO staff contact for this estimate is Tyler Kruzich. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      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. 2034. 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. 2034, as ordered reported.

                   Congressionally Directed Spending

    S. 2034, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in Rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The views of the Administration were included in testimony 
received by the Committee at a hearing on S. 2034 on September 
20, 2007.

Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest 
Service, Department of Agriculture

           *       *       *       *       *       *       *


                 S. 2034, Copper Salmon Wilderness Act

    Mr. Chairman and members of the committee, I appreciate the 
opportunity to appear before you to provide the Department's 
views on the bills which are on the agenda today.

           *       *       *       *       *       *       *



                 s. 2034, copper salmon wilderness act


    This bill would designate approximately 13,700 acres of the 
Rogue River-Siskiyou National Forest as wilderness and 
designate segments of the North and South Forks of the Elk 
River as additions to the existing Elk Wild and Scenic River.
    The Department supports this bill, but requests some 
important adjustments to the wilderness boundary. These 
adjustments would provide for better separation of motorized 
use from the wilderness, allow for road maintenance activities 
within road clearing limits (such as ditch cleaning and culvert 
and bridge maintenance), as well as to accommodate treatments 
of plantations that would improve forest health and habitat 
diversity while increasing firefighter safety.
    The wilderness proposal comprises 13,700 acres of rugged 
forested land surrounding Copper Mountain, Barklow Mountain, 
and Salmon Mountain adjacent to the Grassy Knob Wilderness. It 
contains vast stands of Douglas fir and relatively rare native 
Port Orford cedar trees. About ten percent of the proposed 
wilderness area is designated in the Siskiyou National Forest 
Plan as a ``Supplemental Resource Area'', considered highly 
productive habitat for wildlife and fish, critical for the 
maintenance of watershed condition, and with special recreation 
values. Lands within the proposed wilderness are primarily 
allocated as Late Successional Reserves (LSR) under the 
Northwest Forest Plan. LSRs are designed to serve as habitat 
for old growth-related species. This LSR allocation includes 
2,267 acres of previously managed overstocked Douglas fir 
plantations.
    Using perimeter forest roads as the boundary designation 
would likely lead to unintended incursions of motorized 
vehicles and mechanized equipment into the wilderness. In 
addition most of the plantations adjacent to forest roads that 
comprise a portion of the wilderness boundary (about 1,000 
acres) were included in the Coastal Healthy Forest 
Environmental Analysis signed in 2007. Treatment of these 
stands would improve habitat conditions for fish and wildlife, 
reduce effects from insects and disease, and provide defensible 
space for firefighters in the event of a wildfire, consistent 
with their allocation as Late Successional Reserve (LSRs). 
Wilderness designation would preclude this treatment.
    The proposed wilderness includes about nine miles of 
designated roads. All but two of those road miles are currently 
closed to vehicular traffic; however, these roads are highly 
engineered up steep slopes, with significant cuts and fills, 
culverts, and other constructed features. If the area is 
designated as wilderness, the forest would consider converting 
some of these roads into hiking and equestrian trails to 
improve access, but most would require decommissioning to 
protect water quality and fisheries resource values. This would 
require heavy equipment to remove culverts and contour the land 
to reduce erosion, as well as significant investment.
    The Department would like to work with the bill's sponsor 
and the committee to offset the wilderness boundary inward 
along perimeter roads to implement planned treatments within a 
reasonable distance of the road, provide for routine road 
maintenance, and to decrease the likelihood of incompatible 
motorized use in wilderness. We also request that the bill 
include the date of the map referencing the intended wilderness 
configuration.
    The bill would designate segments of the North and South 
Forks of the Elk River as additions to the existing Elk Wild 
and Scenic River. The Rogue River-Siskiyou National Forest 
completed an extensive wild and scenic river inventory and, 
while both tributaries are free-flowing, neither was judged to 
have an outstandingly remarkable value. Nevertheless, in 
recognition of the value of managing the Elk River as a system 
that contributes to one of the most important and valuable runs 
of anadromous fish in coastal Oregon, the Department does not 
oppose the proposed additions in this bill.
    Mr. Chairman and members of the committee, this concludes 
my testimony. I am happy to answer any questions you may have 
at this time.

                        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 
the bill S. 2034 as ordered 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):

                    A. OREGON WILDERNESS ACT OF 1984


              (Public Law 98-328; Approved June 26, 1984)


 AN ACT To designate certain national forest system and other lands in 
     the State of Oregon for inclusion in the National Wilderness 
              Preservation System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress Assembled, That this 
Act may be referred to as 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] 873,300 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--

           *       *       *       *       *       *       *

          (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 13,700 acres, as generally 
        depicted on the map entitled `Proposed Copper Salmon 
        Wilderness Area' and dated December 7, 2007, to be 
        known as the `Copper Salmon Wilderness'.

           *       *       *       *       *       *       *


                     B. WILD AND SCENIC RIVERS ACT


             (Public Law 90-542; Approved October 2, 1968)


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

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
this Act may be cited as the ``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:
          (76) Elk, oregon.--The [19-mile segment] 29-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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