[Senate Report 111-140]
[From the U.S. Government Publishing Office]
Calendar No. 290
111th Congress Report
SENATE
2d Session 111-140
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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.
* * * * * * *