[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.
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