[Senate Report 114-347]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 622
114th Congress       }                                  {       Report
                                 SENATE
 2d Session          }                                  {      114-347

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



 
   FRANK MOORE WILD STEELHEAD SPECIAL MANAGEMENT AREA DESIGNATION ACT

                                _______
                                

               September 8, 2016.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1448]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1448) to designate the Frank Moore Wild 
Steelhead Sanctuary in the State of Oregon, having considered 
the same, reports favorably thereon with an amendment in the 
nature of a substitute and an amendment to the title and 
recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Frank Moore Wild Steelhead Special 
Management Area Designation Act''.

SEC. 2. FINDINGS.

    Congress finds that--
          (1) Frank Moore has committed his life to family, friends, 
        his country, and fly fishing;
          (2) Frank Moore is a World War II veteran who stormed the 
        beaches of Normandy along with 150,000 troops during the D-Day 
        Allied invasion and was awarded the Chevalier of the French 
        Legion of Honor for his bravery;
          (3) Frank Moore returned home after the war, started a 
        family, and pursued his passion of fishing on the winding 
        rivers in Oregon;
          (4) as the proprietor of the Steamboat Inn along the North 
        Umpqua River in Oregon for nearly 20 years, Frank Moore, along 
        with his wife Jeanne, shared his love of fishing, the flowing 
        river, and the great outdoors, with visitors from all over the 
        United States and the world;
          (5) Frank Moore has spent most of his life fishing the vast 
        rivers of Oregon, during which time he has contributed 
        significantly to efforts to conserve fish habitats and protect 
        river health, including serving on the State of Oregon Fish and 
        Wildlife Commission;
          (6) Frank Moore has been recognized for his conservation work 
        with the National Wildlife Federation Conservationist of the 
        Year award, the Wild Steelhead Coalition Conservation Award, 
        and his 2010 induction into the Fresh Water Fishing Hall of 
        Fame; and
          (7) in honor of the many accomplishments of Frank Moore, both 
        on and off the river, approximately 99,653 acres of Forest 
        Service land in the State of Oregon should be designated as the 
        ``Frank Moore Wild Steelhead Special Management Area''.

SEC. 3. DEFINITIONS.

    In this Act:
          (1) Map.--The term ``Map'' means the map entitled ``Frank 
        Moore Wild Steelhead Special Management Area Designation Act'' 
        and dated June 23, 2016.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture, acting through the Chief of the Forest Service.
          (3) Special management area.--The term ``Special Management 
        Area'' means the Frank Moore Wild Steelhead Special Management 
        Area designated by section 4(a).
          (4) State.--The term ``State'' means the State of Oregon.

SEC. 4. FRANK MOORE WILD STEELHEAD SPECIAL MANAGEMENT AREA, OREGON.

    (a) Designation.--The approximately 99,653 acres of Forest Service 
land in the State, as generally depicted on the Map, is designated as 
the ``Frank Moore Wild Steelhead Special Management Area''.
    (b) Map; Legal Description.--
          (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare a map and 
        legal description of the Special Management Area.
          (2) Force of law.--The map and legal description prepared 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        clerical and typographical errors in the map and legal 
        description.
          (3) Availability.--The map and legal description prepared 
        under paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the Forest Service.
    (c) Administration.--Subject to valid existing rights, the Special 
Management Area shall be administered by the Secretary--
          (1) in accordance with all laws (including regulations) 
        applicable to the National Forest System; and
          (2) in a manner that--
                  (A) conserves and enhances the natural character, 
                scientific use, and the botanical, recreational, 
                ecological, fish and wildlife, scenic, drinking water, 
                and cultural values of the Special Management Area;
                  (B) maintains and seeks to enhance the wild salmonid 
                habitat of the Special Management Area;
                  (C) maintains or enhances the watershed as a thermal 
                refuge for wild salmonids; and
                  (D) preserves opportunities for recreation, including 
                primitive recreation.
    (d) Fish and Wildlife.--Nothing in this section affects the 
jurisdiction or responsibilities of the State with respect to fish and 
wildlife in the State.
    (e) Adjacent Management.--Nothing in this section--
          (1) creates any protective perimeter or buffer zone around 
        the Special Management Area; or
          (2) modifies the applicable travel management plan for the 
        Special Management Area.
    (f) Wildfire Management.--Nothing in this section prohibits the 
Secretary, in cooperation with other Federal, State, and local 
agencies, as appropriate, from conducting wildland fire operations in 
the Special Management Area, consistent with the purposes of this Act, 
including the use of aircraft, machinery, mechanized equipment, fire 
breaks, backfires, and retardant.
    (g) Vegetation Management.--Nothing in this section prohibits the 
Secretary from conducting vegetation management projects within the 
Special Management Area in a manner consistent with--
          (1) the purposes described in subsection (c); and
          (2) the applicable forest plan.
    (h) Protection of Tribal Rights.--Nothing in this section 
diminishes any treaty rights of an Indian tribe.
    (i) Withdrawal.--Subject to valid existing rights, the Federal land 
within the boundaries of the Special Management Area river segments 
designated by subsection (a) is withdrawn from all forms of--
          (1) entry, appropriation, or disposal under the public land 
        laws;
          (2) location, entry, and patent under the mining laws; and
          (3) disposition under all laws relating to mineral and 
        geothermal leasing or mineral materials.

    2. Amend the title so as to read: ``A bill to designate the 
Frank Moore Wild Steelhead Special Management Area in the State 
of Oregon.''

                                PURPOSE

    The purpose of S. 1448 is to designate the Frank Moore Wild 
Steelhead Special Management Area in the State of Oregon.

                          BACKGROUND AND NEED

    S. 1448 designates approximately 99,653 acres of U.S. 
Forest Service (USFS) land in the headwaters of the North 
Umpqua River in Oregon as the Frank Moore Wild Steelhead 
Special Management Area. The purpose of the designation is to 
protect the prime steelhead habitat important for recreational 
fishing and clean drinking water and to honor Frank Moore, a 
military hero and conservationist.
    Frank Moore served in the military during World War II and 
stormed the beaches of Normandy along with 150,000 troops 
during the D-Day Allied invasion. He was awarded the Chevalier 
of the French Legion of Honor for his bravery. Following the 
war, he returned home to Oregon, started a family, pursued his 
passion of fishing on the winding rivers of Oregon, and owned 
and operated the Steamboat Inn along the North Umpqua River.
    From 1971 to 1974, Mr. Moore served on the State of Oregon 
Fish and Wildlife Commission. Throughout his life, Mr. Moore 
has shared his passion for fishing, the river, and the outdoors 
with visitors from around the world. He was recognized for his 
conservation work by receiving the National Wildlife Federation 
Conservationist of the Year award and the Wild Steelhead 
Coalition Conservation Award, and was inducted into the Fresh 
Water Fishing Hall of Fame.

                          LEGISLATIVE HISTORY

    S. 1448 was introduced by Senators Wyden and Merkley on May 
21, 2015. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on the bill on October 8, 2015. The text of S. 
1448 was also incorporated into S. 132, the Oregon and 
California Land Grant Act of 2015, introduced on January 8, 
2015. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 132 on July 16, 2015.
    In the 113th Congress, similar legislation to S. 1448 was 
included in S. 1784, introduced by Senator Wyden on December 9, 
2013. The Committee on Energy and Natural Resources held a full 
committee hearing on S. 1784 on February 6, 2014. The Committee 
ordered S. 1784 favorably reported with an amendment in the 
nature of a substitute on November 13, 2014 (S. Rept. 113-307).
    The Committee on Energy and Natural Resources met in open 
business session on July 13, 2016, and ordered S. 1448 
favorably reported as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 13, 2016, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
1448, if amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 1448, the committee adopted 
an amendment in the nature of a substitute and an amendment to 
the title.
    The amendment in the nature of a substitute changes the 
land management designation to a special management area and 
strikes provisions relating to road building, decommissioning, 
and density in the special management area. The amendment also 
clarifies that the designation will not affect the management 
of adjacent land, wildfire management operations or vegetation 
management in the Area consistent with the purposes of the Act 
or modify the travel management plan for the Area.
    The amendment is further described in the section by 
section analysis.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides a short title.

Section 2. Findings

    Section 2 contains the findings.

Section 3. Definitions

    Section 3 contains definitions.

Section 4. Frank Moore Wild Steelhead Special Management Area, Oregon

    Section 4 designates approximately 99,653 acres of USFS 
land in Oregon as the ``Frank Moore Wild Steelhead Special 
Management Area'' (Area).
    Subsection (b) directs the Secretary to prepare a map and 
legal description for the Area and make them available to the 
public in the appropriate offices of the Forest Service.
    Subsection (c) requires the Area to be administered in 
accordance with all laws applicable to the National Forest 
System and in a manner that conserves and enhances certain uses 
and values described in the section.
    Subsection (d) indicates that the Secretary's 
administration of the Area does not affect the jurisdiction of 
the state with respect to fish and wildlife in Oregon.
    Subsection (e) provides that there are no buffer zones 
around the Area and that the Section does not modify the 
applicable travel management plan for the Area.
    Subsection (f) clarifies that the designation does not 
prohibit the Secretary, in cooperation with other Federal State 
and local agencies, from conducting wildfire management 
operations in the area consistent with the purposes of the Act.
    Subsection (g) clarifies that the designation does not 
prohibit the Secretary from carrying out vegetation management 
if it is consistent with the purposes described in subsection 
(c).
    Subsection (h) clarifies that the designation does not 
diminish the treaty rights of Indian tribes.
    Subsection (i) withdraws the Area river segments from all 
forms of entry, appropriation, or disposal under public land 
laws, location, entry, and patent under mining laws and 
disposition under all laws relating to mineral and geothermal 
leasing or mineral materials.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 12, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1448, the Frank 
Moore Wild Steelhead Special Management Area Designation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 1448--Frank Moore Wild Steelhead Special Management Area Designation 
        Act

    S. 1448 would designate 100,000 acres of land administered 
by the Forest Service in Oregon as a special management area 
and would prohibit mineral development on those lands. Based on 
information provided by the agency, CBO estimates that 
implementing the legislation would not affect the federal 
budget. Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    The Forest Service currently manages the affected lands for 
conservation purposes, therefore, designating those lands as a 
special management area would not affect administrative costs. 
In addition, based on information from the Forest Service, CBO 
does not expect that any minerals would be developed on the 
affected lands that would generate income for the federal 
government over the next 10 years. Thus, designating those 
lands would not affect offsetting receipts, which are treated 
as reductions in direct spending.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2027.
    S. 1448 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, and tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by H. Samuel Papenfuss, 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. 1448. 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. 1448, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1448, as ordered 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 testimony provided by the U.S. Forest Service at the 
October 8, 2015, Subcommittee on Public Lands, Forests, and 
Mining hearing on S. 1448 follows:

 Statement of Glenn Casamassa, Associate Deputy Chief, National Forest 
      System, U.S. Forest Service, U.S. Department of Agriculture

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to present the views of the U.S. Department of 
Agriculture (USDA) regarding S. 1295, S. 1448, S. 1941, and S. 
1942.


    s. 1295, the ``arapaho national forest boundary adjustment act''


    S. 1295 would modify the boundary of the Arapaho National 
Forest in the State of Colorado to incorporate approximately 
92.95 acres of land currently outside the proclaimed National 
Forest boundary. All Federal land within the new boundary would 
be included in the Bowen Gulch Protection Area established 
under section 6 of the Colorado Wilderness Act of 1993. S. 1295 
requires the Secretary to obtain written permission from the 
owners of lots to include the lots in the boundary adjustment. 
Private land owners have provided letters of support.
    The Federal lands within the new boundary would be closed 
to motorized use by the public. S. 1295 allows for continued 
motorized access over historical routes by owners of non-
Federal land within the new boundary.
    The Department supports S. 1295. It would provide National 
Forest status for parcels previously purchased. It would also 
allow the Forest Service to use its existing land exchange 
authorities to acquire additional parcels from willing 
landowners within the new boundary. Completion of these 
acquisitions would ensure protection of the Rocky Mountain 
National Park view-shed and the resource values of the Bowen 
Gulch Protection Area. We would also like to work with the 
Committee to clarify that motorized use for administrative 
purposes within the new boundary area is allowed.


 s. 1448, the ``frank moore wild steelhead sanctuary designation act''


    The Department supports S. 1448, which establishes the 
``Frank Moore Wild Steelhead Sanctuary''. The area proposed for 
designation (Steamboat Creek) represents the major spawning 
tributary for wild steelhead in the North Umpqua River, and 
serves as an important sanctuary for conservation and long term 
persistence of this highly valued fisheries resource. 
Scientific studies and data indicate this area provides an 
important thermal refuge for wild steelhead production in the 
basin. Its designation and associated watershed restoration 
activities will aid in promoting a resilient landscape for wild 
steelhead conservation into the future in the face of changing 
climate.
    Frank Moore is a legendary fly angler, wild fish 
conservationist, and World War II veteran who stormed the 
beaches of Normandy, France in 1944 for the D Day allied 
invasion. He survived and together with his wife of 70+ years, 
Jeanne, built and were the long-time proprietors of the world-
renowned Steamboat Inn along the North Umpqua River. In 2010, 
Frank Moore was inducted into the Fresh Water Fishing Hall of 
Fame, and is also featured in the recent, critically acclaimed 
documentary ``Mending the Line.''
    This designation is a tribute to Frank Moore and his 
service to our country in more ways than one. In a TED Talk 
last year (TEDxPortland, May 15, 2014), one of the viewers 
commented: ``Absolutely amazing . . . I am 19 and my generation 
needs role models like this man.''


       s. 1941, the ``crags, colorado land exchange act of 2015''


    S. 1941 would require a land exchange between the United 
States and Broadmoor Hotel, Inc. (BHI). The United States would 
convey an 83 acre tract of National Forest System Land and a 
non-exclusive perpetual easement for access in exchange for a 
320 acre parcel and a permanent trail easement for a section of 
the Barr trail owned by BHI. Both exchange parcels are located 
within the Pike National Forest.
    The Department generally supports S. 1941 but would like to 
work with the committee on concerns with the bill. For example, 
we would like to help develop language that would ensure the 
northern boundary of the land conveyed is located to provide 
adequate space for Forest Service road maintenance and 
administration.
    The National Forest parcel that would be conveyed in the 
exchange has long been encumbered with significant resort 
improvements managed under special use authorization. In return 
for this parcel, the United States would receive an isolated 
inholding that the Forest Service has placed a high priority on 
acquiring. The inholding has significant recreational values 
and provides additional access for the public to the National 
Forest.
    As a result, the exchange will eliminate potentially 
significant development in a sensitive area in exchange for 
conveying Federal land where development impacts have already 
occurred. In addition, The United States would secure legal 
access on a segment of the very popular Barr trail. This trail 
provides an important recreational access to the Pike National 
Forest.


s. 1942, the ``elkhorn ranch and white river national forest conveyance 
                    act land exchange act of 2015''


    S. 1942 would direct the conveyance of a 148 acre parcel of 
National Forest System land to the Gordman-Leverich 
Partnership. The parcel is located within the White River 
National Forest.
    While the Administration has serious reservations about the 
use of Federal lands to compensate a private landowner, 
acknowledging the unusual circumstances in this specific case, 
the Department does not oppose S. 1942. The bill would resolve 
a long standing title issue associated with the property.
    A dependent resurvey, which is a survey dependent upon 
prior surveys of record, was completed in 1949, and established 
a property monument approximately 2,100 feet from the corner, 
relied upon by the original homesteaders. This meant that this 
parcel of national forest land had been managed as private 
land. 43 U.S.C. 772, enacted in 1909, provided for such 
resurveys and guaranteed that the bona fide rights of 
landowners would be protected.
    Because this land survey discrepancy only came to light 
within the past 15 years, and because the parcel has never been 
managed as National Forest, protection of the bona fide rights 
of the landowners is appropriate. Resolution of this title 
issue will end a long-standing title claim in an efficient, 
fair manner.
    This concludes my remarks. I would be happy to answer any 
questions. Thank you for the opportunity to testify.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill as ordered 
reported.

                                  [all]