[Senate Report 115-66]
[From the U.S. Government Publishing Office]


 						Calendar No. 84

115th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 115-66

======================================================================
 
     FRANK AND JEANNE MOORE WILD STEELHEAD SPECIAL MANAGEMENT AREA 
                            DESIGNATION ACT

                                _______
                                

                  May 16, 2017.--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. 513]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 513) to designate the Frank and Jeanne 
Moore Wild Steelhead Special Management Area in the State of 
Oregon, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 513 is to designate the Frank and Jeanne 
Moore Wild Steelhead Special Management Area in the State of 
Oregon.

                          BACKGROUND AND NEED

    S. 513 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 and Jeanne 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

    Senators Wyden and Merkley introduced S. 513 on March 2, 
2017.
    In the 114th Congress, S. 1448, similar legislation, 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 Committee on Energy 
and Natural Resources met in open business session on July 13, 
2016, and ordered S. 1448 favorably reported as amended (S. 
Rept. 114-347).
    The text of 5.1448 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 was included in 
S. 1784, introduced by Senator Wyden on December 9, 2013. The 
Committee on Energy and Natural Resources held a 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 March 30, 2017, and ordered S. 513 
favorably reported.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
513.

                      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 and Jeanne Moore Wild Steelhead Special Management 
        Area, Oregon

    Section 4(a) designates approximately 99,653 acres of USFS 
land in Oregon as the ``Frank and Jeanne 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:
    S. 513 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. 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. Because enacting the bill 
would not affect direct spending or revenues, pay-as-you-go 
procedures do not apply.
    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 2028.
    S. 513 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 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. 513. 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. 513, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 513, 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

    Because S. 513 is similar to legislation considered by the 
Committee in the 114th Congress, the Committee did not request 
Executive Agency views. The testimony provided by the U.S. 
Forest Service before the Subcommittee on Public Lands, 
Forests, and Mining hearing on October 8, 2015, 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. 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.''

                        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]