[Senate Report 111-140]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 290
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-140

======================================================================
 
                MOLALLA RIVER WILD AND SCENIC RIVERS ACT

                                _______
                                

                 March 2, 2010.--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. 1369]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1369) to amend the Wild and Scenic Rivers 
Act to designate segments of the Molalla River in the State of 
Oregon, as components of the National Wild and Scenic Rivers 
System, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:

  On page 3, strike lines 9 through 24 and insert the following:
                        mineral materials.''.

SEC. 3. TECHNICAL CORRECTIONS.

  Section 3(a)(102) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)(102)) is amended--
          (1) in the heading, by striking ``Squaw creek'' and inserting 
        ``Whychus creek'';
          (2) in the matter preceding subparagraph (A), by striking 
        ``McAllister Ditch, including the Soap Fork Squaw Creek, the 
        North Fork, the South Fork, the East and West Forks of Park 
        Creek, and Park Creek Fork'' and inserting ``Plainview Ditch, 
        including the Soap Creek, the North and South Forks of Whychus 
        Creek, the East and West Forks of Park Creek, and Park Creek''; 
        and
          (3) in subparagraph (B), by striking ``McAllister Ditch'' and 
        inserting ``Plainview Ditch''.

                                Purpose

    The purpose of S. 1369 is to amend the Wild and Scenic 
Rivers Act to designate segments of the Molalla River in the 
State of Oregon as components of the National Wild and Scenic 
Rivers System.

                          Background and Need

    The Molalla River originates in the western Cascade 
Mountains of Oregon and flows for 49 miles to the Willamette 
River. The watershed is a source of drinking water for local 
communities and provides important spawning habitat for several 
fish species, including salmon and steelhead. It also is an 
important wildlife corridor and contains critical habitat for 
the northern spotted owl, red-legged frog, pacific giant 
salamander, and large mammals like bears, cougars, elk, and 
deer. Located roughly one hour from the Portland metropolitan 
area, the river is a popular recreation destination for 
kayaking, rafting, hiking, biking, camping, hunting, and 
fishing.
    The Bureau of Land Management evaluated the Molalla River 
and the Table Rock Fork of the Molalla River for potential 
designation under the Wild and Scenic Rivers Act and determined 
that most of the two rivers should be considered for 
designation under the Act.

                          Legislative History

    S. 1369 was introduced on June 25, 2009, by Senators Wyden 
and Merkley. The Subcommittee on National Parks held a hearing 
on the bill on November 4, 2009. At its business meeting on 
December 16, 2009, the Committee on Energy and Natural 
Resources ordered S. 1369 favorably reported with an amendment.
    A related bill, H.R. 2781, was introduced in the House of 
Representatives by Representative Kurt Schrader on June 9, 
2009, and was passed by the House of Representatives by a vote 
of 292-133 on November 19, 2009.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on December 16, 2009, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1369, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 1369, the Committee adopted 
an amendment to S. 1369. The amendment deleted unnecessary 
provisions and added a section that includes a number of 
technical corrections to section 3(a)(102) of the Wild and 
Scenic Rivers Act.

                      Section-by-Section Analysis

    Section 1 provides the short title for the bill.
    Section 2 amends the Wild and Scenic Rivers Act by adding a 
paragraph designating approximately 15.1 miles of the Molalla 
River and 6.2 miles of the Table Rock Fork of the Molalla River 
in Oregon as recreational components of the National Wild and 
Scenic Rivers System. This section also withdraws the Federal 
land within the boundaries of the designations from the public 
land, mining, and mineral and geothermal leasing laws.
    Section 3 makes a number of technical corrections to the 
names of geographic features used in section 3(a)(102) of the 
Wild and Scenic Rivers Act, which designated a segment of what 
was formerly known as ``Squaw Creek'' in the State of Oregon. 
The name of the river was changed to ``Whychus Creek'' by the 
United States Board on Geographic Names in 2005. This section 
would change the name in the heading of paragraph (102) to 
``Whychus Creek'' to reflect its official new name. In 
addition, a number of the names of other geographic features 
used to describe the river segment designated by paragraph 
(102) also are erroneous. None of the technical corrections 
alter the river segment that was designated in 1988 or its 
management under existing law.

                   Cost and Budgetary Considerations

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

S. 1369--Molalla River Wild and Scenic Rivers Act

    S. 1369 would designate two segments of the Molalla River 
in Oregon as a recreational river within the National Wild and 
Scenic Rivers System. Based on information provided by the 
Bureau of Land Management, which administers the river segments 
that would be affected by the proposed designation, 
implementing the bill would have no effect on the federal 
budget. The affected segments, which total about 21 miles, are 
already protected for wilderness values, and the proposed 
designation would not significantly affect the way they are 
administered.
    S. 1369 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On November 5, 2009, CBO transmitted a cost estimate for 
H.R. 2781, a bill to amend the Wild and Scenic Rivers Act to 
designate segments of the Molalla River in Oregon as components 
of the National Wild and Scenic Rivers System. The two versions 
of the legislation are very similar, and the CBO cost estimates 
are the same.
    The CBO staff contact for this estimate is Deborah Reis. 
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. 1369.
    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. 1369, as ordered reported.

                   Congressionally Directed Spending

    S. 1369, 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. 1369 on November 
4, 2009, which is provided below.

              Statement of the Department of the Interior

    Thank you for inviting the Department of the Interior to 
testify on S. 1369, the Molalla River Wild and Scenic Rivers 
Act. The Bureau of Land Management (BLM) supports S. 1369.


                               background


    The Molalla River begins its journey to the sea on the 
western slopes of the Cascade Mountains of Oregon. At an 
elevation of 4,800 feet, the Molalla flows undammed for 49 
miles west and north until it joins the Willamette River. For 
years, the Molalla suffered from too much negative attention 
from its visitors, including vandalism. To address these 
problems, local residents joined together several years ago and 
formed the Molalla River Alliance (MRA). The MRA, a nonprofit 
all volunteer organization, has over 45 public and private 
partners, including Federal, State, and local government 
agencies, user groups, and conservationists. Working 
cooperatively with BLM's local field office, the MRA has 
provided the Molalla the care it needed. Today, we are pleased 
that this subcommittee is considering designating approximately 
21 miles of the river as a component of the National Wild and 
Scenic Rivers System.
    The Molalla River is home to important natural and cultural 
resources. Protection of this watershed is crucial as the 
source of drinking water for local communities and the 
important spawning habitat it provides for several fish 
species, including salmon and steelhead. Within an hour's drive 
of the metropolitan areas of Portland and Salem, Oregon, the 
Molalla watershed provides significant recreational 
opportunities for fishing, canoeing, mountain biking, horseback 
riding, hiking, hunting, camping, and swimming. A 20-mile 
hiking, mountain biking, and equestrian trail system draws over 
65,000 visitors annually.


                                s. 1369


    S. 1369 proposes to designate 15.1 miles of the Molalla 
River and 6.2 miles of the Table Rock Fork of the Molalla as 
components of the National Wild and Scenic Rivers System. In 
earlier planning analyses, the BLM evaluated the Molalla River 
and the Table Rock Fork of the Molalla River and determined 
that most of these two rivers should be considered for 
designation as wild and scenic rivers. As a result, the 
designation called for in S. 1369 would be largely consistent 
with management currently in place, and would cause few changes 
to BLM's current administration of most of this area. The 
5,500-acre Table Rock Wilderness, designated by Congress in 
1984, is embraced by the Molalla and Table Rock Fork, and 
designation of these river segments would reinforce the 
protections in place for the wilderness area.
    Wild and scenic rivers are designated by Congress in one of 
three categories: wild, scenic, or recreational. Differing 
management proscriptions apply for each of these designations. 
S. 1369 specifies that these river segments be classified as 
recreational. This classification is consistent with the strong 
recreational values of this area, as well as the presence of 
roads along the course of the river segments and numerous 
dispersed campsites along its shorelines.


                               conclusion


    Thank you for the opportunity to testify in support of 
these important Oregon designations. The Department of the 
Interior looks forward to welcoming these units into the BLM's 
National Landscape Conservation System.

                        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. 1369, 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):

                       WILD AND SCENIC RIVERS ACT


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


                        (16 U.S.C. 1271 et seq.)


  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 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:

           *       *       *       *       *       *       *

          (102) [Squaw creek] Whychus creek, Oregon.--The 15.4-
        mile segment from its source to the hydrologic Gaging 
        Station 800 feet upstream from the intake of the 
        [McAllister Ditch, including the Soap Fork Squaw Creek, 
        the North Fork, the South Fork, the East and West Forks 
        of Park Creek, and Park Creek Fork] Plainview Ditch, 
        including the Soap Creek, the North and South Forks of 
        Whychus Creek, the East and West Forks of Park Creek, 
        and Park Creek; to be administered by the Secretary of 
        Agriculture as follows:
                  (A) The 6.6-mile segment and its tributaries 
                from the source to the Three Sisters Wilderness 
                boundary as a wild river; and
                  (B) the 8.8-mile segment from the boundary of 
                the Three Sisters Wilderness Area to the 
                hydrologic Gaging Station 800 feet upstream 
                from the intake of the [McAllister Ditch] 
                Plainview Ditch as a scenic river: Provided, 
                That nothing in this chapter shall prohibit the 
                construction of facilities necessary for 
                emergency protection for the town of Sisters 
                relative to a rapid discharge of Carver Lake if 
                no other reasonable flood warning or control 
                alternative exists.

           *       *       *       *       *       *       *

          (208) Molalla River, Oregon.--
                  (A) In general.--The following segments in 
                the State of Oregon, to be administered by the 
                Secretary of the Interior as a recreational 
                river:
                          (i) Molalla river.--The approximately 
                        15.1-mile segment from the southern 
                        boundary line of T. 7 S., R. 4 E., 
                        sec.19, downstream to the edge of the 
                        Bureau of Land Management boundary in 
                        T. 6 S., R. 3 E., sec. 7.
                          (ii) Table rock fork molalla river.--
                        The approximately 6.2-mile segment from 
                        the easternmost Bureau of Land 
                        Management boundary line in the NE1/4 
                        sec. 4, T. 7 S., R. 4 E., downstream to 
                        the confluence with the Molalla River.
                  (B) Withdrawal.--Subject to valid existing 
                rights, the Federal land within the boundaries 
                of the river segments designated by 
                subparagraph (A) is withdrawn from all forms 
                of--
                          (i) entry, appropriation, or disposal 
                        under the public land laws;
                          (ii) location, entry, and patent 
                        under the mining laws; and
                          (iii) disposition under all laws 
                        relating to mineral and geothermal 
                        leasing or mineral materials.

           *       *       *       *       *       *       *


                                  
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