[Senate Report 117-90]
[From the U.S. Government Publishing Office]
Calendar No. 298
117th Congress } { Report
SENATE
2d Session } { 117-90
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OREGON RECREATION ENHANCEMENT ACT
_______
March 2, 2022.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1589]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1589), to designate certain land
administered by the Bureau of Land Management and the Forest
Service in the State of Oregon as wilderness and national
recreation areas, to withdraw certain land located in Curry
County and Josephine County, Oregon, from all forms of entry,
appropriation, or disposal under the public land laws,
location, entry, and patent under the mining laws, and
operation under the mineral leasing and geothermal leasing
laws, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
PURPOSE
The purpose of S. 1589 is to designate certain land
administered by the Bureau of Land Management and the Forest
Service in the State of Oregon as wilderness and national
recreation areas, and to withdraw certain land located in Curry
County and Josephine County, Oregon, from all forms of entry,
appropriation, or disposal under the public land laws,
location, entry, and patent under the mining laws, and
operation under the mineral leasing and geothermal leasing
laws.
BACKGROUND AND NEED
The Wild Rogue Wilderness Area was designated by Congress
in 1978 (Public Law 95-237) and is located primarily on 28,100
acres of Forest Service land and includes approximately 8,600
acres of lands administered by the Bureau of Land Management
(BLM). S. 1589 would expand the existing Wild Rogue Wilderness
Area by 59,512 acres of BLM and Forest Service land, most of
which is revested Oregon and California Railroad Land.
S. 1589 designates two new recreation areas. The first, the
Molalla Recreation Area, would consist of 29,884 acres of BLM
land located on the banks of the Molalla River in rural
Clackamas County, Oregon, adjacent to the existing Table Rock
Wilderness Area. The second, the Rogue Canyon Recreation Area,
would consist of 98,150 acres of BLM land on the banks of the
Rogue River in southwestern Oregon.
Lastly, S. 1589 would permanently withdraw from mineral
development more than 100,000 acres of National Forest System
lands on the Rogue River-Siskiyou National Forest and BLM
public lands in the Medford and Coos Bay Districts of the BLM.
The lands are in Curry and Josephine Counties in southwestern
Oregon. This area covered by the withdrawal includes the
headwaters of several designated wild and scenic rivers near
the Kalmiopsis Wilderness Area. In 2017, the BLM issued a 20-
year mineral withdrawal for this area.
LEGISLATIVE HISTORY
Senators Wyden and Merkley introduced S. 1589 on May 12,
2021. The Subcommittee on Public Lands, Forests, and Mining
held a hearing on this bill on October 19, 2021.
Senators Wyden and Merkley introduced similar legislation
in the 116th Congress, S. 1262. The Subcommittee on Public
Lands, Forests, and Mining held a hearing on the bill on May
14, 2019, and the Committee ordered the bill reported favorably
with an amendment, on December 12, 2021. S. 1262 was reported
with amendments and without a written report on December 18,
2019.
Senators Wyden and Merkley introduced similar legislation
in the 115th Congress, S. 1548, the Oregon Wildland Act. The
Subcommittee on Public Lands, Forests, and Mining held a
hearing to consider the bill on July 26, 2017. The Committee
ordered the bill reported favorably with an amendment in the
nature of a substitute on October 2, 2018. The Committee
reported the bill with an amendment in the nature of a
substitute on December 6, 2018, and filed a written report, S.
Rept. 115-439, on December 19, 2018.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
The Senate Committee on Energy and Natural Resources, in
open business session on November 18, 2021, by a majority vote
of a quorum present, recommends that the Senate pass S. 1589.
The roll call vote on reporting the measure was 12 yeas, 8
nays as follows:
YEAS NAYS
Mr. Manchin Mr. Barrasso
Mr. Wyden Mr. Risch*
Ms. Cantwell Mr. Lee
Mr. Sanders Mr. Hoeven*
Mr. Heinrich Mr. Lankford
Ms. Hirono Mr. Cassidy
Mr. King Mrs. Hyde-Smith*
Ms. Cortez Masto Mr. Marshall
Mr. Kelly
Mr. Hickenlooper
Mr. Daines
Ms. Murkowski*
*Indicates vote by proxy.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides the short title, the ``Oregon Recreation
Enhancement Act.''
Section 2. Definitions
Section 2 provides key definitions for the bill.
Section 3. Rogue Canyon and Molalla Recreation Areas, Oregon
Subsection (a) designates 98,150 acres of Bureau of Land
Management (BLM) land as the Rogue Canyon Recreation Area and
29,884 acres of BLM land as the Molalla Recreation Area.
Subsection (b) requires the Secretary to prepare a map and
legal description of each recreation area designated by
subsection (a), and to make the maps and legal descriptions
publicly available in an appropriate office of the BLM.
Subsection (c) sets forth the administration requirements
for the recreation areas. The Secretary of the Interior shall
manage the recreation areas in a manner that conserves,
protects, and enhances the purposes for which they were
established, allowing only those uses that are consistent with
the purposes for which they were established.
The subsection requires the Secretary, in consultation with
the Oregon Governor's Council on Wildfire Response, to conduct
a wildfire risk assessment of the recreation areas and
wilderness areas designated by this Act, including adjacent
Federal lands. Following completion of the wildfire risk
assessment, the Secretary is required to develop a wildfire
mitigation plan.
The subsection prohibits the construction of new or
temporary roads, except as needed for public safety. Savings
provisions makes clear that nothing in this section impacts the
management of the Molalla Forest Road by the Secretary, or
prohibits the Secretary from conducting vegetation and wildfire
management projects within the designated recreation areas.
The subsection withdraws the recreation areas from entry,
appropriation, and disposal under public land laws; location,
entry, and patent under mining laws; and mineral and geothermal
leasing laws, and includes language clarifying that nothing in
this section creates a protective perimeter or buffer zone
around the recreation areas.
Section 4. Expansion of Wild Rogue Wilderness Area
Section 4 expands the Wild Rogue Wilderness Area by adding
59, 512 acres of National Forest and BLM lands, and requires
the new wilderness to be managed in accordance with the
Endangered American Wilderness Act (16 U.S.C. 1132 note).
The section authorizes the Secretaries to take measures
within the wilderness additions to control fire, insects, and
disease in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1131(d)(1)), and withdraws the wilderness
additions from entry appropriation and disposal under public
land laws; location, entry, and patent under mining laws; and
disposition under mineral and geothermal leasing laws.
Finally the section includes a savings clause that nothing
in this section modifies or alters treaty rights of Indian
tribes.
Section 5. Withdrawal of Federal Land, Curry County and Josephine
County, Oregon
Section 5 withdraws approximately 100,000 acres of Federal
land in Josephine County, Oregon, from entry, appropriation,
and disposal under public land laws; location, entry, and
patent under mining laws; and mineral and geothermal leasing
laws.
The section makes clear that except for the withdrawal
provision, recreational uses, hunting, fishing, forest
management activities or other authorized uses allowed on the
eligible land on the date of enactment of the Act are not
restricted by this section.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office has not estimated the costs
of S. 1589 as passed by the Senate. The Committee has
requested, but has not yet received, the Congressional Budget
Office's estimate of the cost of S. 1589 as ordered reported.
When the Congressional Budget Office completes its cost
estimate, it will be posted on the Internet at www.cbo.gov.
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. 1589. 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. 1589, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1589, 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 Department of the Interior at
the October 19, 2021, hearing on S. 1589 follows:
Statement of Steve Feldgus, Ph.D., Deputy Assistant Secretary, Lands
and Minerals Management, U.S. Department of the Interior
Thank you for the opportunity to testify on S. 1589, the
Oregon Recreation Enhancement Act. S. 1589 would establish two
new recreation areas encompassing nearly 130,000 acres of
public lands managed by the Bureau of Land Management (BLM) and
expand the Wild Rogue Wilderness by adding approximately 60,000
acres of BLM-managed lands in western Oregon. The bill would
also withdraw approximately 101,000 acres of Federal lands
managed by the U.S. Forest Service (USFS) and the BLM in
southwestern Oregon from the operation of the public land,
mining, and mineral and geothermal leasing laws.
President Biden's Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad, recognizes the opportunities
offered by America's public lands and outlines a historic and
ambitious challenge to conserve at least 30 percent of our
lands and waters by 2030. Conservation can and should improve
access for outdoor recreation, help protect the quality of our
air and drinking water, increase resilience to the impacts of
climate change, protect wildlife habitat, and support our
economy, among other benefits. Our nation's awe-inspiring
landscapes are an economic engine, attracting visitors from
around the globe to America's public lands. According to the
Bureau of Economic Analysis, outdoor recreation contributes an
estimated $460 billion to the nation's economy, with mayors and
local leaders recognizing parks and open spaces as
indispensable infrastructure for livable and prosperous
communities. The Department welcomes the sponsor's efforts to
support outdoor recreation and wilderness designations to
improve conservation and appreciation of our nation's public
lands, and we support S. 1589.
management of blm lands in western oregon
More than 75 percent of Oregon's population resides in its
western region, which also boasts some of the most productive
forest lands in the world. The forests of western Oregon are
critical to sustainable fish and wildlife habitat, recreation,
timber, clean water, and many other values that Americans hold
dear.
The Oregon and California Revested Lands Sustained Yield
Management Act of 1937 (O&C Lands Act) placed 2.4 million
checkerboard acres of Oregon and California Railroad and Coos
Bay Wagon Road grant lands (the O&C lands) under the
jurisdiction of the Department. Under the O&C Lands Act, the
Department manages the O&C lands for ``the purpose of providing
a permanent source of timber supply, protecting watersheds,
regulating stream flow, and contributing to the economic
stability of local communities and industries, and providing
recreational facilities.'' The Act also provides that the 18
O&C counties receive yearly payments equal to 50 or 75 percent
of receipts from timber harvests on O&C lands in these
counties. In addition to the O&C lands, the BLM manages
approximately 212,000 acres of public domain forests and other
acquired lands in western Oregon. These and other BLM-managed
lands also provide outstanding recreational opportunities, with
over 5 million people visiting each year to enjoy hiking,
camping, hunting, and fishing.
The Department manages these O&C lands, public domain
forests, and other acquired lands under the 2016 Western Oregon
Resource Management Plans (RMPs) and other applicable RMPs
(such as the Cascade-Siskiyou National Monument RMP). The 2016
RMPs provide direction for the management of approximately 2.5
million acres of BLM-administered lands and offer opportunities
for tourism, recreation, and timber harvest, while maintaining
protections for the northern spotted owl, listed fish species,
and water resources.
s. 1589, oregon recreation enhancement act
Rogue Canyon & Molalla Recreation Areas
Section 3 of S. 1589 establishes the Rogue Canyon
Recreation Area on 98,000 acres of BLM-administered lands
surrounding the banks of the Rogue River and overlapping Wild
Rogue Wilderness. The Rogue River is well known for its
challenging whitewater, steelhead and salmon fishery, rock-
lined banks, and extraordinary wildlife viewing opportunities.
The Department supports the establishment of the Rogue Canyon
Recreation Area to improve conservation and appreciation of our
public lands and waters.
The Molalla Recreation Area, also proposed for designation
in Section 3, encompasses 30,000 acres of BLM-managed lands on
the banks of the Molalla River, including over 5,700 acres of
the Table Rock Wilderness. A remnant of a lava flow that once
covered this region along the western foothills of the
Cascades, the ``fortress'' of Table Rock stands at 4,881 feet.
This rugged terrain provides habitat for the northern spotted
owl, deer, elk, and endangered plants such as Oregon
sullivantia and Gorman's aster. The Department supports
designation of the Molalla Recreation Area. Section 3 also
withdraws Federal surface and subsurface lands within the
recreation areas, subject to valid existing rights, from entry,
appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws pertaining to mineral and geothermal
leasing or mineral materials.
The BLM recognizes the importance of locally crafted
recreation and conservation areas on public lands and waters
and believes they can yield immense economic benefits. The BLM
believes the most effective and enduring conservation
strategies are those reflecting the priorities, needs, and
perspectives of the families and communities that know, live,
work, and care for the lands and waters. While we support the
value of safeguarding these treasured lands for present and
future generations, the BLM notes the recreation designations
involve O&C lands within the harvest land base established
under the 2016 RMPs. If S. 1589 is enacted, BLM would likely
amend its RMPs to account for the recreation orientation of the
affected lands.
Wild Rogue Wilderness Area Expansion
Section 4 of S. 1589 would add approximately 60,000 acres
of BLM-managed public lands to the existing 8,000-plus acres of
BLM's Wild Rogue Wilderness in southwestern Oregon. These lands
serve as habitat for a diversity of plant and animal life for
forest-dependent species, including the northern spotted owl,
Pacific salmon, steelhead trout, and green sturgeon, and
provide important opportunities for fishing, rafting, boat
tours, hiking and backpacking, and other forms of outdoor
recreation in the forested mountains of southwestern Oregon.
The Department supports the proposed expansion of the Wild
Rogue Wilderness as it aligns with the Administration's
conservation goals.
Wildfire Risk Assessment & Mitigation Plan
S. 1589 also directs the Secretary to complete a wildfire
assessment of the recreation areas, Wild Rogue Wilderness, and
adjacent Federal land in consultation with the Oregon
Governor's Council on Wildfire Response. One year after
completion of the wildfire assessment, the Department is
directed to complete a wildfire mitigation plan addressing
vegetation management, public evacuation routes, and outreach.
The BLM notes wildfire risk assessment and fire and fuels
management are currently addressed in the BLM's land use
planning process. Additionally, the BLM works in close
collaboration with the Pacific Northwest Wildfire Coordinating
Group, an interagency assembly of five wildland fire agencies,
two state forestry agencies, and two state fire marshal
associations.
By working cooperatively, all partners can administer fire,
fuels, and aviation programs in a manner that eliminates
duplication, increases program efficiency, and capitalizes on
the expertise of each organization's personnel. The BLM
supports the sponsor's direction to pursue interagency networks
to provide fire prevention services and fire safety information
to the community.
Withdrawal of Federal Lands in Curry & Josephine Counties
S. 1589 would permanently withdraw 5,215 acres of BLM-
managed public lands in the Coos Bay and Medford Districts and
95,806 acres of USFS-managed lands. The proposed withdrawal
area includes the Klamath Mountains and the North Fork of the
Smith River, which originates in the Kalmiopsis Wilderness and
drains most of the area under consideration for withdrawal.
Creeks feeding the North Fork and other rivers that flow to the
Oregon Coast offer unique ecological features stemming from the
confluence of the Coast Range, Cascades, and Siskiyou
Mountains. A high concentration of rare plants, forested
trails, and scenic views are all emblematic of these drainages.
Rough and Ready Creek and Baldface Creek are listed as eligible
for National Wild and Scenic River designation by the USFS.
These lands were administratively withdrawn for 20 years by
Public Land Order 7859 on December 30, 2016, for the purpose of
protecting the lands while Congress considered a permanent
legislative withdrawal. The Department supports permanent
protection of these lands.
conclusion
Thank you for the opportunity to testify in support of S.
1589, which would serve to provide opportunities for recreation
while conserving pristine and unique natural areas in western
Oregon.
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]