[House Report 112-735]
[From the U.S. Government Publishing Office]
112th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 112-735
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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.
* * * * * * *