[House Report 112-735]
[From the U.S. Government Publishing Office]


112th Congress }                                             {   Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                             {  112-735

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



 
                MOLALLA RIVER WILD AND SCENIC RIVERS ACT

                                _______
                                

 December 31, 2012.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 752]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 752) 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, 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 ``Molalla River Wild and Scenic Rivers 
Act''.

SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS, MOLALLA RIVER, 
                    OREGON.

  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:
          ``(___) Molalla river, oregon.--
                  ``(A) The following segments in the State of Oregon, 
                to be administered by the Secretary of the Interior as 
                a recreational river:
                          ``(i) 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) The approximately 6.2-mile segment 
                        from the easternmost Bureau of Land Management 
                        boundary line in the NE\1/4\ sec. 4, T. 7 S., 
                        R. 4 E., downstream to the confluence with the 
                        Molalla River.
                  ``(B) The Secretary of the Interior may not acquire 
                by condemnation any land or interest in land within the 
                boundaries of the river segments designated by 
                subparagraph (A).
                  ``(C) Nothing in this paragraph--
                          ``(i) establishes or authorizes the 
                        establishment of a protective perimeter or 
                        buffer zone around the boundaries of the river 
                        segments designated by subparagraph (A); or
                          ``(ii) prohibits an activity from being 
                        conducted outside such boundaries, including an 
                        activity that can be seen or heard from within 
                        such boundaries.
                  ``(D) Private or non-Federal public property shall 
                not be included within the boundaries of the river 
                segments designated by subparagraph (A), unless the 
                owner of that property has consented in writing to 
                having that property included in such boundaries.''.

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 of the Bill

    The purpose of H.R. 752, as ordered reported, 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 for Legislation

    The Molalla River Wild and Scenic Rivers Act would amend 
the Wild and Scenic Rivers Act 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, and make a number of technical corrections to existing 
designations. According to testimony from the Department of the 
Interior, management of the river section after designation 
would be largely consistent with management currently in place.
    During Natural Resources Committee consideration, the 
Committee adopted an amendment offered by Rob Bishop (R-UT) to 
strike language withdrawing the designated area from mineral 
and geothermal leasing, and to include language to protect 
private property rights within and outside of the designated 
area. The amendment was adopted by unanimous consent.

                            Committee Action

    H.R. 752 was introduced on February 17, 2011, by 
Congressman Kurt Schrader (D-OR). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. On 
March 8, 2012, the Subcommittee held a hearing on the bill. On 
December 5, 2012, the Full Natural Resources Committee met to 
consider the bill. The Subcommittee on National Parks, Forests 
and Public Lands was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered amendment designated .086 
to the bill; the amendment was adopted by unanimous consent. 
The bill, as amended, was then adopted and ordered favorably 
reported to the House of Representatives by unanimous consent.

            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.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 752--Molalla River Wild and Scenic Rivers Act

    H.R. 752 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. Enacting H.R. 752 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    H.R. 752 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.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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. H.R. 752 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.
    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, as ordered reported, 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

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                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):

                       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) * * *

           *       *       *       *       *       *       *

  (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) * * *
          (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 Act 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.

           *       *       *       *       *       *       *

          (__) Molalla river, Oregon.--
                  (A) The following segments in the State of 
                Oregon, to be administered by the Secretary of 
                the Interior as a recreational river:
                          (i) 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) The approximately 6.2-mile 
                        segment from the easternmost Bureau of 
                        Land Management boundary line in the 
                        NE\1/4\ sec. 4, T. 7 S., R. 4 E., 
                        downstream to the confluence with the 
                        Molalla River.
                  (B) The Secretary of the Interior may not 
                acquire by condemnation any land or interest in 
                land within the boundaries of the river 
                segments designated by subparagraph (A).
                  (C) Nothing in this paragraph--
                          (i) establishes or authorizes the 
                        establishment of a protective perimeter 
                        or buffer zone around the boundaries of 
                        the river segments designated by 
                        subparagraph (A); or
                          (ii) prohibits an activity from being 
                        conducted outside such boundaries, 
                        including an activity that can be seen 
                        or heard from within such boundaries.
                  (D) Private or non-Federal public property 
                shall not be included within the boundaries of 
                the river segments designated by subparagraph 
                (A), unless the owner of that property has 
                consented in writing to having that property 
                included in such boundaries.

           *       *       *       *       *       *       *


                                  
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