[Senate Report 118-49]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 121

118th Congress}                                           { Report
                                 SENATE
 1st Session  }                                           { 118-49

======================================================================
 
            SMITH RIVER NATIONAL RECREATION AREA EXPANSION

                                _______
                                

                 July 11, 2023.--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. 162]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 162), to amend the Smith River National 
Recreation Area Act to include certain additions to the Smith 
River National Recreation Area, to amend the Wild and Scenic 
Rivers Act to designate certain wild rivers in the State of 
Oregon, 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. 162 is to amend the Smith River National 
Recreation Area Act to include approximately 58,000 acres of 
Federal land in Oregon as an addition to the Smith River 
National Recreation Area, and to designate certain rivers 
within the National Recreation Area as components of the 
National Wild and Scenic Rivers System.

                          Background and Need

    The Smith River National Recreation Area (NRA) was 
established by Congress in 1990 (Public Law 101-612) and 
encompasses 305,337 acres in northwestern California, primarily 
within the Six Rivers National Forest. The Smith River 
watershed provides important habitat for Coho and Chinook 
salmon, and Coastal Cutthroat trout, and includes diverse 
Siskiyou Mountains forests, unique plants, and redwoods that 
tower over the lower river banks. The national recreation 
area's scenery, fisheries, and water quality attracts visitors 
for water sports, fishing, hunting, camping, and sightseeing.
    Currently, the national recreation area extends only to the 
California-Oregon border, omitting the headwaters of the Smith 
River watershed in Oregon.
    S. 162 would expand the Smith River NRA to add 
approximately 58,000 acres of land in the Rogue River-Siskiyou 
National Forest in Oregon. The bill would also designate over 
73 miles of the headwater tributaries of the North Fork Smith 
River in Oregon as components of the National Wild and Scenic 
River System. The proposed additions to the Smith River 
National Recreation Area and the wild and scenic river 
designations seek to protect important salmon habitat and 
stretches of redwood stands, and enhance outdoor recreation, 
fishing, and hunting opportunities by permanently withdrawing 
lands within the expanded area from new mining claims.

                          Legislative History

    S. 162 was introduced by Senators Merkley, Wyden, 
Feinstein, and Padilla on January 31, 2023. Similar 
legislation, S. 1538, was introduced in the 117th Congress by 
Senators Merkley, Wyden, Padilla, and Feinstein on May 10, 
2021. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 1538 on October 19, 2021. The Committee 
ordered S. 1538 to be reported favorably on July 21, 2022 (S. 
Rept. 117-241). Similar legislation, S. 2875, was also 
introduced in the 116th Congress by Senators Merkley and Wyden. 
The Subcommittee on Public Lands, Forests, and Mining held a 
hearing on S. 2875 on November 18, 2020 (S. Hrg. 116-382).

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in an 
open business session on May 17, 2023, by a majority vote of a 
quorum present, recommends that the Senate pass S. 162.
    The roll call vote on reporting the measure was 11 yeas, 8 
nays as follows:

        YEAS                          NAYS
Mr. Manchin                         Mr. Barrasso
Mr. Wyden                           Mr. Risch*
Ms. Cantwell                        Mr. Lee*
Mr. Sanders*                        Ms. Murkowski*
Mr. Heinrich                        Mr. Hoeven*
Ms. Hirono                          Mr. Cassidy*
Mr. King                            Mrs. Hyde-Smith
Ms. Cortez Masto                    Mr. Hawley*
Mr. Kelly
Mr. Hickenlooper
Mr. Daines

*Indicates vote by proxy.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the short title of the bill, the ``Smith 
River National Recreation Area Expansion Act.''

Section 2. Additions to the Smith River National Recreation Area

    Subsection (a) amends definitions in section 3 the Smith 
River National Recreation Area Act (16 U.S.C. 460bbb-1) (the 
``Act'').
    Subsection (b) amends section 4(b) of the Act (16 U.S.C. 
460bbb-2(b)) to expand the boundary of the Smith River National 
Recreation Area to include approximately 58,000 acres of 
National Forest System lands in southern Oregon as depicted on 
the referenced map.
    Subsection (c) amends section 5 of the Act (16 U.S.C. 
460bbb-3) to make conforming changes and to add a new 
subsection (d), requiring the Secretary of Agriculture to 
conduct a study of the area added to the national recreation 
area that includes inventories and assessments of streams, 
wetlands, lakes and other water features and associated lands, 
and based on the study, modify management plans for applicable 
Forest Service lands and submit a report to Congress describing 
the results of the study.
    The amendment also adds a new subsection (e) clarifying 
that nothing in the Act affects the authority of the Secretary 
to conduct wildland fire operations within the national 
recreation area, consistent with the purposes of the Act.
    The amendment adds a new subsection (f) which states that 
nothing in the Act prohibits the Secretary from conducting 
vegetation management projects, including wildfire resiliency 
and forest health projects, with the national recreation area, 
consistent with the purposes of the recreation area.
    New subsection (g) clarifies that nothing in the Act 
affects the application of the Northwest Forest Plan or the 
Roadless Rule to portions of the national recreation area in 
Oregon that are subject to the plan and those regulations as of 
the date of enactment of this subsection.
    Finally, new subsection (h) states that nothing in the Act 
diminishes the right of an Indian Tribe, and directs the 
Secretary to seek to enter into a memorandum of understanding 
with applicable Indian Tribes regarding tribal access to 
portions of the national recreation area in Oregon for 
historical and cultural activities.
    Subsection (d) amends section 6(a) of the Act (16 U.S.C. 
460bbb-4) to make several conforming edits and to authorize the 
Secretary to acquire the 555-acre Cedar Creek Parcel for 
addition to the national recreation area, upon adoption of a 
resolution by the State Land Board of Oregon.
    Subsection (e) amends section 7 of the Act (16 U.S.C. 
460bbb-5) to add a reference to the State of Oregon (in 
addition to the State of California) to language clarifying 
that nothing in the Act affects the jurisdiction or 
responsibilities of the State with respect to fish and 
wildlife, including the regulation of hunting, fishing, and 
trapping on any lands managed by the Secretary.
    Subsection (f) amends section 9 of the Act (16 U.S.C. 
460bbb-7) to direct the Secretary to revise the management plan 
for the national recreation area to reflect the expansion of 
the recreation area into the State of Oregon.
    Subsection (g) amends section 11(b) of the Act (16 U.S.C. 
460bbb-8(b)) to clarify that the Streamside Protection Zone, 
which prohibits timber harvesting on a \1/4\ mile on either 
side of a designated river, applies to the new segments of the 
North Fork Smith River in Oregon established under this bill as 
a component of the National Wild and Scenic Rivers System.
    Subsection (h) amends section 12 of the Act (16 U.S.C. 
460bbb-9) to add a reference to the State of Oregon to language 
clarifying that nothing in the Act affects the right of the 
State or political subdivision of the State to carry out state 
laws associated with the recreation area, or to regulate the 
private lands within the recreation area. Subsection (h) also 
authorizes the Secretary to enter into cooperative agreements 
and provide technical assistance to Oregon and its political 
subdivisions.

Section 3. Wild and scenic river designations.

    Section 3 amends two existing wild and scenic river 
designations to add 25 segments--totaling approximately 75 
miles--within the watersheds of the North Fork and mainstem of 
the Smith River.

                   Cost and Budgetary Considerations

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 162 as 
ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.
    On November 21, 2022, the Congressional Budget Office 
provided a table entitled ``Summary Estimates of Legislation 
Ordered Reported'' by the Committee during the 117th Congress. 
The table included a cost estimate for similar legislation in 
the 117th Congress, S. 1538. The table is posted 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. 162. 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. 162, as ordered reported.

                   Congressionally Directed Spending

    S. 162, 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 Agriculture 
Forest Service at the October 19, 2021, hearing on S. 1538, 
similar legislation that was filed during the 117th Congress, 
follows:

   Statement of Christopher B. French, Deputy Chief, National Forest 
         System, U.S. Department of Agriculture Forest Service


      s. 1538--smith river national recreation area expansion act


    S. 1538, the Smith River National Recreation Area Expansion 
Act, would amend the Smith River National Recreation Area Act 
and the Wild and Scenic Rivers Act to include certain additions 
to the Smith River National Recreation Area and to designate 
specified Wild and Scenic Rivers in the State of Oregon. 
Enactment of this bill would result in the Smith River National 
Recreation Area being expanded from northern California to 
encompass the North Fork of the Smith River Watershed in 
southwestern Oregon and to be managed for its world class 
recreational access, special scenic value, natural diversity, 
cultural and historical attributes, wilderness, wildlife, and 
fisheries. Additionally, approximately 75 miles within the 
watersheds of the North Fork and mainstem of the Smith River 
would be added to the National Wild and Scenic Rivers System.


    section 2: additions to the smith river national recreation area


    Section 2(d) of this bill would require a study of the 
affected area within five years of enactment with modifications 
to land management plans being implemented upon completion of 
the study. No impacts to vegetation or wildfire management are 
noted in the bill and nothing in the bill affects the 
application of the Northwest Forest Plan or Roadless Rule in 
the State of Oregon. Section 2(h) requires the Secretary of 
Agriculture to enter a Memorandum of Understanding with 
American Indian Tribes to preserve and protect Tribal rights 
and to ensure access. Further, it is required that interpretive 
materials regarding the Tribes be developed and made publicly 
available.
    Land acquisition authority is expanded and clarified with a 
directive to the Secretary of Agriculture to acquire a 555-acre 
area of state-owned land known as the Cedar Creek Parcel, 
pending availability of funding and approval by the State Land 
Board of Oregon. This would allow for contiguous management by 
the Forest Service of most lands within the proposed boundary.
    USDA supports expanding recreational access in a manner 
that preserves the ecological, cultural, and historical 
integrity of a landscape and that supports the social and 
economic needs of adjacent communities.


             section 3: wild and scenic river designations


    Section 3 of this bill amends two existing wild and scenic 
river designations to add 25 segments totaling roughly 75 miles 
within the watersheds of the North Fork and mainstem of the 
Smith River. USDA supports wild and scenic river designations 
and recognizes the importance of protecting and enhancing 
identified river values for the benefit and enjoyment of 
present and future generations. While we support the goals of 
this bill, we would like to work with the subcommittee and bill 
sponsors to clarify some timing and technical concerns 
associated with the proposed designations.
    USDA would like to ensure that any new segments are 
properly integrated into the National Wild and Scenic Rivers 
System with enough time to develop comprehensive river 
management plans (CRMPs) and to establish detailed boundaries 
in cooperation with Tribes, State and local governments, and 
interested stakeholders. The timeframes identified under 
Sections 3(b) and 3(d) of the Wild and Scenic Rivers Act for 
completing detailed boundaries and CRMPs can be challenging to 
meet. Therefore, we would like to work with the subcommittee 
and bill sponsors to identify ways to support timely completion 
of CRMP and boundary requirements.
    The Forest Service embraces its mission to steward and 
safeguard its Iconic National Recreation Areas and free flowing 
Wild and Scenic Rivers with their outstandingly remarkable 
values and to provide recreational access, clean drinking 
water, and economic vitality to the American people. We are 
committed to collaborating openly with Congress, Tribes, and 
all members of the interested public to identify and propose 
appropriate parcels of land and segments of river within the 
National Forest System for designation as Wild and Scenic 
Rivers and National Recreation Areas and to manage those 
parcels responsibly. We look forward to working with the 
subcommittee and sponsors of this bill to address the concerns 
outlined above.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 162, as ordered 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):

                SMITH RIVER NATIONAL RECREATION AREA ACT

                           Public Law 101-612


   AN ACT To establish the Smith River National Recreation Area, to 
redesignate the Sunset Crater National Monument, and for other purposes

           *       *       *       *       *       *       *


SEC. 3. DEFINITIONS.

    As used in this Act--
          (1) the term ``excluded area'' means one of the four 
        areas specifically excluded from the recreation area, 
        as generally depicted on the map [referred to in 
        section 4(b)] entitled `Proposed Smith River National 
        Recreation Area' and dated July 1990'';
          (2) the term ``forest plan'' means the land and 
        resource management plan for [the Six Rivers National 
        Forest] an applicable unit of the National Forest 
        System prepared pursuant to section 6 of the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 
        U.S.C. 1604);
          (3) the term ``recreation area'' means the Smith 
        River National Recreation Area established by section 
        4;
          (4) the term ``Secretary'' means the Secretary of 
        Agriculture; and
          (5) the term ``inner gorge'' means the inherently 
        unstable steep slope (65 percent gradient or more) 
        immediately adjacent to the stream or river channel, 
        extending from the channel or recent floodplain to the 
        first significant break in slope (usually 15 percent or 
        more).

SEC. 4. SMITH RIVER NATIONAL RECREATION AREA.

    (a) Establishment.--For the purposes of ensuring the 
preservation, protection, enhancement, and interpretation for 
present and future generations of the Smith River watershed's 
outstanding wild and scenic rivers, ecological diversity, and 
recreation opportunities while providing for the wise use and 
sustained productivity of its natural resources, there is 
hereby established the Smith River National Recreation Area.
    (b) Boundaries.--(1) The recreation area shall consist of 
those lands within the area generally depicted on the map 
entitled ``Proposed Smith River National Recreation Area'' and 
dated July 1990 and on the map entitled ``Proposed Additions to 
the Smith River National Recreation Area'' and dated January 
23, 2023. The [map] maps shall be on file and available for 
public inspection in the Office of the Chief, Forest Service, 
Department of Agriculture. The Secretary may, by publication of 
availability of a revised map and after public comment, make 
corrections or minor changes to the boundary of the recreation 
area.
          (2) The exterior boundary of the recreation area, as 
        generally depicted on the [map] maps described in 
        paragraph (1), shall encompass the recreation area and 
        the four excluded areas.
    (c) Boundary Modification.--The boundaries of the Six 
Rivers National Forest are hereby modified as generally 
depicted on the map referred to in subsection (b). A map and 
legal description of the boundary of the Six Rivers National 
Forest as modified by this subsection shall be on file and 
available for public inspection in the Office of the Chief, 
Forest Service, and the Office of the Forest Supervisor of the 
Six Rivers National Forest.
    (d) Transfer.--The federally owned lands within the 
recreation area administered by the Secretary of the Interior 
on the date of enactment of this Act, comprising approximately 
20 acres, are hereby transferred to the jurisdiction of the 
Secretary of Agriculture and shall be managed in accordance 
with the laws applicable to the National Forest System and this 
Act.

SEC. 5. ADMINISTRATION.

           *       *       *       *       *       *       *


    (b) Management Areas.--(1) The recreation area shall 
contain eight management areas, as generally depicted on [the 
map] the maps referred to in section 4(b) of this Act. The 
Secretary may, pursuant to section 4(b) of this Act, make minor 
revisions or amendments to the boundaries of the management 
areas.
          (2) The Secretary shall administer each management 
        area within the recreation area in accordance with the 
        following:
                  (A) The management emphasis for the North 
                Fork management [area shall be on] area and any 
                portion of the recreation area in the State of 
                Oregon shall be on roadless back-country and 
                whitewater recreation, while recognizing unique 
                botanic communities, outstanding whitewater, 
                and historic and scenic values.
                  (B) The management emphasis for the Upper 
                Middle Fork management area shall be on 
                providing and maintaining ecologic and biologic 
                diversity. Timber harvest shall be permitted, 
                consistent with subsection (a)(6), only in 
                existing plantations.
                  (C) The management emphasis for the Middle 
                Fork-Highway 199 management area shall be on 
                maintaining wildlife values and providing for a 
                full range of recreation uses, with particular 
                emphasis on the scenic and recreation values 
                associated with the Smith River, old growth 
                redwoods, and California State Highway 199.
                  (D) The management emphasis for the Upper 
                South Fork management area shall be on wild 
                river and roadless back-country recreation.
                  (E) The management emphasis for the Lower 
                South Fork management area shall be on 
                maintaining and protecting natural scenic 
                values in the river canyon while providing for 
                traditional and compatible river sports, 
                including white water rafting, angling, 
                sightseeing, and developed and dispersed 
                recreation. Timber harvests based on uneven-
                aged management with extended rotations shall 
                be allowed where consistent with protection of 
                the scenic values of the recreation area.
                  (F) The management emphasis for the Lower 
                Hurdygurdy Creek management area shall be on 
                maintenance of wildlife values while providing 
                rustic family and group recreation facilities 
                for fishing, swimming, hunting, and camping. 
                Timber harvests based on uneven-aged management 
                with extended rotations shall be allowed where 
                consistent with protection of scenic and 
                wildlife values.
                  (G) The management emphasis for the 
                prescribed timber management area shall be on 
                providing a sustained yield of wood products 
                while maintaining biological and ecological 
                diversity.
                  (H) The management of the Siskiyou Wilderness 
                management area shall be pursuant to the 
                provisions of the Wilderness Act (16 U.S.C. 
                1131 et seq.). The Gasquet-Orleans Road 
                corridor between the eastern edge of section 
                36, T. 14 N., R. 3 E, and the corridor's 
                eastern terminus in the middle of section 26, 
                T. 14 N., R. 4 E. shall be added to the 
                Siskiyou Wilderness.
                  (I) The Kalmiopsis Wilderness shall be 
                managed in accordance with the Wilderness Act 
                (16 U.S.C. 1131 et seq.). 
    (c) Wild and Scenic Rivers.--The river segments designated 
as wild and scenic rivers [by the amendments made by section 
10(b) of this Act] within the recreation area shall be 
administered in accordance with this subchapter and the Wild 
and Scenic Rivers Act (16 U.S.C. 1271 et seq.). In case of 
conflict between the provisions of these Acts, the more 
restrictive provision shall apply.
    (d) Study; Report.--
          (1) In General.--Not later than 5 years after the 
        date of enactment of this subsection, the Secretary 
        shall conduct a study of the area depicted on the map 
        entitled ``Proposed Additions to the Smith River 
        National Recreation Area'' and dated January 23, 2023, 
        that includes inventories and assessments of streams, 
        fens, wetlands, lakes, other water features, and 
        associated land, plants (including Port-Orford-cedar), 
        animals, fungi, algae, and other values, and unstable 
        and potentially unstable aquatic habitat areas in the 
        study area.
        (2) Modification of Management Plans; Report.--On 
        completion of the study under paragraph (1), the 
        Secretary shall--
                  (A) modify any applicable management plan to 
                fully protect the inventoried values under the 
                study, including to implement additional 
                standards and guidelines; and 
                  (B) submit to Congress a report describing 
                the results of the study.
    (e) Wildfire Management.--Nothing in this Act affects the 
authority of the Secretary (in cooperation with other Federal, 
State, and local agencies, as appropriate) to conduct wildland 
fire operations within the recreation area, consistent with the 
purposes of this Act.
    (f) Vegetation Management.--Nothing in this Act prohibits 
the Secretary from conducting vegetation management projects 
(including wildfire resiliency and forest health projects) 
within the recreation area, to the extent consistent with the 
purposes of the recreation area.
    (g) Application of Northwest Forest Plan and Roadless Rule 
to Certain Portions of the Recreation Area.--Nothing in this 
Act affects the application of the Northwest Forest Plan or 
part 294 of title 36, Code of Federal Regulations (commonly 
referred to as the ``Roadless Rule'') (as in effect on the date 
of enactment of this subsection), to portions of the recreation 
area in the State of Oregon that are subject to the plan and 
those regulations as of the date of enactment of this 
subsection.
    (h) Protection of Tribal Rights.--
          (1) In General.--Nothing in this Act diminishes any 
        right of an Indian Tribe.
          (2) Memorandum of Understanding.--The Secretary shall 
        seek to enter into a memorandum of understanding with 
        applicable Indian Tribes with respect to--
                  (A) providing the Indian Tribes with access 
                to the portions of the recreation area in the 
                State of Oregon to conduct historical and 
                cultural activities, including the procurement 
                of noncommercial forest products and materials 
                for traditional and cultural purposes; and
                  (B) the development of interpretive 
                information to be provided to the public on the 
                history of the Indian Tribes and the use of the 
                recreation area by the Indian Tribes.

SEC. 6. ACQUISITION AND DISPOSAL OF LANDS AND OTHER PROPERTY.

    (a) Acquisition.--[The Secretary]
          (1) In General.--The Secretary is authorized to 
        acquire by purchase, donation, exchange, or otherwise 
        lands, waters, or interests therein (including scenic 
        or other easements), and structures or other 
        improvements thereon, within the boundaries of the 
        recreation area as the Secretary determines appropriate 
        for the purposes of this Act. [In exercising]
          (2) Consideration of Offers by secretary.--In 
        exercising this authority, the Secretary is directed to 
        give prompt and careful consideration to any offer to 
        sell, exchange, or otherwise dispose of such property 
        made by an individual or organization. [The Secretary]
          (3) Method of acquisition.--The Secretary shall not 
        acquire any land or interest in land owned by the State 
        of California, [or any of its political subdivisions] 
        the State of Oregon, or any political subdivision of 
        the State of California or the State of Oregon within 
        the recreation area except by [donation or] purchase, 
        donation, or exchange. [All lands]
          (4) Applicable law.--All land acquired by the 
        Secretary pursuant to this Act shall be subject to the 
        laws and regulations pertaining to the National Forest 
        System and this Act.
          (5) Acquisition of cedar creek parcel.--On the 
        adoption of a resolution by the State Land Board of 
        Oregon and subject to available funding, the Secretary 
        shall acquire all right, title, and interest in and to 
        the approximately 555 acres of land known as the 
        ``Cedar Creek Parcel'' located in sec. 16, T. 41 S., R. 
        11 W., Willamette Meridian.
    (b) Transfers to Del Norte County.--(1) Upon the adoption 
of a resolution by the Board of Supervisors of the County of 
Del Norte, California, accepting title to the lands described 
in paragraph (2) and subject to the County of Del Norte bearing 
the cost of the survey of such lands, the Secretary shall 
transfer all right, title, and interest of the United States in 
and to the lands described in paragraph (2).
        (2) The lands referred to in paragraph (1) are 
        described as follows:
                  (A) Lands north of tract 37, T. 17 N., R. 3 
                E., H.M., containing 6 acres, more or less, and 
                more particularly described as:
                          Commencing at the N.E. corner of 
                        tract 37, T. 17 N., R. 3 E., H.M.; 
                        thence, northerly on a line continuing 
                        the eastern boundary of said tract 37 
                        to a point where it intersects the 
                        southern boundary of the easement for 
                        State highway conveyed to the State of 
                        California, Department of 
                        Transportation, on the 17th day of May 
                        1977, and recorded on June 22, 1977 at 
                        book 206 of Official Records, page 256; 
                        thence, southwesterly along the 
                        southern boundary of said easement to 
                        the point where it intersects the 
                        northern boundary of said tract 37; 
                        thence, easterly along the northern 
                        boundary of said tract 37 to the point 
                        of beginning.
                  (B) Lands east of tract 37, T. 17 N., R. 3 
                E., H.M., containing 6 acres, more or less, and 
                more particularly described as:
                          Commencing at a point on the eastern 
                        boundary of tract 37, T. 17 N., R. 3 
                        E., H.M., lying 332 feet southerly of 
                        the N.E. corner of said tract 37; 
                        thence, due east to the high water line 
                        of the Middle Fork of the Smith River; 
                        thence, southwesterly along the high 
                        water line of the Middle Fork of the 
                        Smith River to its intersection with 
                        the northern boundary of tract 38, T. 
                        17 N., R. 3 E.; thence, westerly along 
                        the northern boundary of said tract 38 
                        to its intersection with said track 37; 
                        thence, northerly along the eastern 
                        boundary of said tract 37 to the point 
                        of beginning.
    (c) Conditions of Transfer.--Transfer of the lands and 
interests described in subsection (b)(2) of this section shall 
be subject to the condition that all right, title, and interest 
therein shall revert to the United States if the county of Del 
Norte, California, attempts to transfer any portion of such 
lands to any other entity or person or if Del Norte County 
permits any portion of such lands to be used for any purpose 
incompatible with the purposes of this Act. The Secretary shall 
include in any document of conveyance whereby such lands are 
transferred to the county of Del Norte appropriate provisions 
to implement this subsection.
    (d) Withdrawal.--Subject to valid existing rights, all 
public lands within the recreation area are hereby withdrawn 
from entry, sale, or other disposition under the public land 
laws of the United States. This subsection shall not affect the 
exchange authorities of the Secretary.

SEC. 7. FISH AND GAME.

    Nothing in this Act shall be construed to affect the 
jurisdiction or responsibilities of the State of California or 
the State of Oregon with respect to fish and wildlife, 
including the regulation of hunting, fishing, and trapping on 
any lands managed by the Secretary under this Act, except that 
the Secretary may designate zones where, and establish periods 
when, no hunting, fishing, or trapping shall be permitted for 
reasons of protecting nongame species and their habitats, 
public safety, administration, or public use and enjoyment. 
Except in emergencies, any regulation of the Secretary pursuant 
to this section shall be put into effect only after 
consultation with the fish and wildlife agency of the State of 
California or the State of Oregon, as applicable.

           *       *       *       *       *       *       *


SEC. 9. MANAGEMENT PLANNING.

    [The Secretary] (a) Revision of Management Plan.--The 
Secretary shall revise the document entitled ``Smith River 
National Recreation Area Management Plan'' dated February 1990 
to conform to the provisions of this Act, and such revised plan 
shall guide management of the recreation area and shall be 
incorporated in its entirety into the forest plan for the Six 
Rivers National Forest. This incorporation shall not be deemed 
a revision or amendment to the forest plan for purposes of the 
section 6 of the Forest and Rangeland Renewable Resources 
Planning Act of 1974. The Secretary shall make such further 
revisions to the management plan as are necessary in order to 
include more specific development and use plans for the 
recreation areas. Such revisions shall be made no later than 5 
years after the enactment of this Act. Such revisions and any 
other modifications of the management plan shall be made only 
through the processes of revision or amendment of the forest 
plan pursuant to section 6 of the Forest and Rangeland 
Renewable Resources Planning Act of 1974, including appropriate 
consultation with State and local government officials and 
provision for full public participation considering the views 
of all interested parties, organizations, and individuals.
    (b) Smith River National Recreation Area Management Plan 
Revision.--As soon as practicable after the date of the first 
revision of the forest plan after the date of enactment of this 
subsection, the Secretary shall revise the management plan for 
the recreation area--
          (1) to reflect the expansion of the recreation area 
        into the State of Oregon under the Smith River National 
        Recreation Area Expansion Act; and 
          (2) to include an updated recreation action schedule 
        to identify specific use and development plans for the 
        areas described in the map entitled ``Proposed 
        Additions to the Smith River National Recreation Area'' 
        and dated January 23, 2023.

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SEC. 11. STREAMSIDE PROTECTION ZONES.

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    (b) For each of the rivers and river segments specified in 
this subsection there is established a streamside protection 
zone in which timber harvesting shall be prohibited except as 
permitted in section 5(a)(7). Such zone shall extend on the 
average of one-quarter mile on either side of said rivers and 
river segments, or 100 feet from the inner gorge of said rivers 
and river segments, or within the limit of high and extreme 
landslide hazards on said rivers and river segments, whichever 
is greater. The provisions of this subsection shall apply to 
the following rivers and river segments:
          (1) Main stem Smith (from the South Fork to the NRA 
        boundary).
          (2) Middle Fork Smith (from its headwaters to its 
        confluence with the Middle Fork of the Smith River).
          (3) Myrtle Creek (from its headwaters to its 
        confluence with the Middle Fork of the Smith River).
          (4) Kelly Creek (from its headwaters to its 
        confluence with the Middle Fork of the Smith River).
          (5) Packsaddle Creek (from its headwaters to its 
        confluence with the Middle Fork of the Smith River).
          (6) Griffin Creek (from its headwaters to its 
        confluence with the Middle Fork of the Smith River).
          (7) Knopti Creek (from its headwaters to its 
        confluence with the Middle Fork of the Smith River).
          (8) North Fork of the Smith River (from the 
        California/Oregon border to its confluence with the 
        Middle Fork of the Smith River).
          (9) Diamond Creek (from the California/Oregon border 
        to its confluence with the North Fork of the Smith 
        River).
          (10) Bear Creek (from its headwaters to its 
        confluence with Diamond Creek).
          (11) Still Creek (from its headwaters to its 
        confluence with the North Fork of the Smith River).
          (12) North Fork of Diamond Creek (from the 
        California/Oregon border to its confluence with Diamond 
        Creek).
          (13) High Plateau Creek (from its headwaters to its 
        confluence with Diamond Creek).
          (14) Stony Creek (from its headwaters to its 
        confluence with the North Fork of the Smith River).
          (15) Peridotite Creek (from its headwaters to its 
        confluence with the North Fork of the Smith River).
          (16) Siskiyou Fork, Smith River (from its headwaters 
        to the Middle Fork of the Smith River).
          (17) South Siskiyou Fork of the Smith River (from its 
        headwaters to its confluence with the Siskiyou Fork of 
        the Smith River).
          (18) South Fork Smith River (from its headwaters to 
        its confluence with the Middle Fork of the Smith 
        River).
          (19) Williams Creek (from its headwaters to its 
        confluence with the South Fork of the Smith River).
          (20) Eight Mile Creek (from its headwaters to its 
        confluence with the South Fork of the Smith River).
          (21) Harrington Creek (from its headwaters to its 
        confluence with the South Fork of the Smith River).
          (22) Prescott Fork of the Smith River (from its 
        headwaters to its confluence with the South Fork of the 
        Smith River).
          (23) Buck Creek (from its headwaters to its 
        confluence with the South Fork of the Smith River).
                  (24) Each of the river segments described in 
                subparagraph (B) of section 3(a)(92) of the 
                Wild and Scenic Rivers Act (16 U.S.C. 
                1274(a)(92)).

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SEC. 12. STATE AND LOCAL JURISDICTION AND ASSISTANCE.

    (a) State and Local Jurisdiction.--Nothing in this Act 
shall diminish, enlarge, or modify any right of the State of 
[California or any political subdivision thereof] California, 
the State of Oregon, or a political subdivision of the State of 
California or the State of Oregon to exercise civil and 
criminal jurisdiction or to carry out State fish and game laws, 
rules, and regulations within the recreation area, or to tax 
persons, franchise, or private property on the lands and waters 
included in the recreation area, or to regulate the private 
lands within the recreation area.
    (b) Cooperative Agreements.--The Secretary is authorized 
and encouraged to enter into cooperative agreements with the 
State of [California or its political subdivisions] California, 
the State of Oregon, or a political subdivision of the State of 
California or the State of Oregon for--
          (1) the rendering on a reimbursable basis, of rescue, 
        firefighting, and law enforcement services and 
        cooperative assistance by nearby law enforcement and 
        fire prevention agencies; and
          (2) the planning for use, management, and development 
        of non-Federal lands within the recreation area and 
        elsewhere in the Smith River watershed in the 
        furtherance of the purposes of this Act.
    (c) Technical Assistance.--To enable the State of 
[California and its political subdivisions] California, the 
State of Oregon, and any political subdivision of the State of 
California or the State of Oregon to develop and implement 
programs compatible with the purposes of this Act, the 
Secretary, in consultation with the Secretaries of the 
Interior, Commerce, and Housing and Urban Development, shall 
consider upon request such technical assistance to the [State 
and its political subdivisions] State of California, the State 
of Oregon, and any political subdivision of the State of 
California or the State of Oregon as is necessary to fulfill 
the purposes of this section. Such assistance may include 
payments or grants, within existing programs, for technical aid 
and program development.
    (d) Land Information System.--The Secretary of Agriculture 
shall assist the county of Del Norte in developing a land 
information system that will be compatible with the Forest 
Service and National Park Service systems for the Federal lands 
in Del Norte County and such non-Federal systems as may be 
appropriate and that will be made available to Federal and non-
Federal entities for use in coordinating planning for the 
recreation area and other lands in the Smith River watershed.

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                       WILD AND SCENIC RIVERS ACT

                           Public Law 90-542


AN ACT To provide for a National Wild and Scenic Rivers System, and for 
other purposes

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SEC. 3. COMPONENT RIVERS AND ADJACENT LANDS.

    (a) The following rivers and the land adjacent thereto are 
hereby designated as components of the national wild and scenic 
rivers system:

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          (92) North Fork Smith, Oregon.--[The 13-mile]
                (A) In general.--The 13-mile segment from its 
                headwaters to the Oregon-California State line; 
                to be administered by the Secretary of 
                Agriculture in the following classes:
                          ([A]i) The 6.5-mile segment from its 
                        headwaters to Horse Creek as a wild 
                        river;
                          ([B]ii) the 4.5-mile segment from 
                        Horse Creek to Baldface Creek as a 
                        [scenic] wild river; and
                          ([C]iii) the 2-mile segment from 
                        Baldface Creek to the Oregon-California 
                        State line as a wild river.
                  (B) Additions.--The following segments of the 
                source tributaries of the North Fork Smith 
                River, to be administered by the Secretary of 
                Agriculture in the following classes:
                          (i) The 13.26-mile segment of 
                        Baldface Creek from its headwaters, 
                        including all perennial tributaries, to 
                        the confluence with the North Fork 
                        Smith in T. 39 S., R 10 W., T. 40 S., 
                        R. 10 W., and T. 41 S., R. 11 W., 
                        Willamette Meridian, as a wild river. 
                          (ii) The 3.58-mile segment from the 
                        headwaters of Taylor Creek to the 
                        confluence with Baldface Creek, as a 
                        wild river. 
                          (iii) The 4.38-mile segment from the 
                        headwaters of the unnamed tributary to 
                        Biscuit Creek and the headwaters of 
                        Biscuit Creek to the confluence with 
                        Baldface Creek, as a wild river. 
                          (iv) The 2.27-mile segment from the 
                        headwaters of Spokane Creek to the 
                        confluence with Baldface Creek, as a 
                        wild river.
                          (v) The 1.25-mile segment from the 
                        headwaters of Rock Creek to the 
                        confluence with Baldface Creek, flowing 
                        south from sec. 19, T. 40 S., R. 10 W., 
                        Willamette Meridian, as a wild river.
                          (vi) The 1.31-mile segment from the 
                        headwaters of the unnamed tributary 
                        number 2 to the confluence with 
                        Baldface Creek, flowing north from sec. 
                        27, T. 40 S., R. 10 W., Willamette 
                        Meridian, as a wild river.
                          (vii) The 3.6-mile segment from the 2 
                        headwaters of the unnamed tributary 
                        number 3 to the confluence with 
                        Baldface Creek, flowing south from 
                        secs. 9 and 10, T. 40 S., R. 10 W., 
                        Willamette Meridian, as a wild river.
                          (viii) The 1.57-mile segment from the 
                        headwaters of the unnamed tributary 
                        number 4 to the confluence with 
                        Baldface Creek, flowing north from sec. 
                        26, T. 40 S., R. 10 W., Willamette 
                        Meridian, as a wild river.
                          (ix) The 0.92-mile segment from the 
                        headwaters of the unnamed tributary 
                        number 5 to the confluence with 
                        Baldface Creek, flowing north from sec. 
                        13, T. 40 S., R. 10 W., Willamette 
                        Meridian, as a wild river. 
                          (x) The 4.90-mile segment from the 
                        headwaters of Cedar Creek to the 
                        confluence with North Fork Smith River, 
                        as a wild river. 
                          (xi) The 2.38-mile segment from the 
                        headwaters of Packsaddle Gulch to the 
                        confluence with North Fork Smith River, 
                        as a wild river.
                          (xii) The 2.4-mile segment from the 
                        headwaters of Hardtack Creek to the 
                        confluence with North Fork Smith River, 
                        as a wild river.
                          (xiii) The 2.21-mile segment from the 
                        headwaters of the unnamed creek to the 
                        confluence with North Fork Smith River, 
                        flowing east from sec. 29, T. 40 S., R. 
                        11 W., Willamette Meridian, as a wild 
                        river. 
                          (xiv) The 3.06-mile segment from the 
                        headwaters of Horse Creek to the 
                        confluence with North Fork Smith River, 
                        as a wild river.
                          (xv) The 2.61-mile segment of Fall 
                        Creek from the Oregon State border to 
                        the confluence with North Fork Smith 
                        River, as a wild river.
                          (xvi) (I) Except as provided in 
                        subclause (II), the 4.57-mile segment 
                        from the headwaters of North Fork 
                        Diamond Creek to the confluence with 
                        Diamond Creek, as a wild river.
                          (II) Notwithstanding subclause (I), 
                        the portion of the segment described in 
                        that subclause that starts 100 feet 
                        above Forest Service Road 4402 and ends 
                        100 feet below Forest Service Road 4402 
                        shall be administered as a scenic 
                        river.
                          (xvii) The 1.02-mile segment from the 
                        headwaters of Diamond Creek to the 
                        Oregon State border in sec. 14, T. 40 
                        S., R. 10 W., Willamette Meridian, as a 
                        wild river.
                          (xviii) The 1.14-mile segment from 
                        the headwaters of Acorn Creek to the 
                        confluence with Horse Creek, as a wild 
                        river.
                          (xix) The 8.58-mile segment from the 
                        headwaters of Chrome Creek to the 
                        confluence with North Fork Smith River, 
                        as a wild river.
                          (xx) The 2.98-mile segment from the 
                        headwaters Chrome Creek tributary 
                        number 1 to the confluence with Chrome 
                        Creek, 0.82 miles upstream from the 
                        mouth of Chrome Creek in the Kalmiopsis 
                        Wilderness, flowing south from sec. 15, 
                        T. 40 S., R. 11 W., Willamette 
                        Meridian, as a wild river.
                          (xxi) The 2.19-mile segment from the 
                        headwaters of Chrome Creek tributary 
                        number 2 to the confluence with Chrome 
                        Creek, 3.33 miles upstream from the 
                        mouth of Chrome Creek in the Kalmiopsis 
                        Wilderness, flowing south from sec. 12, 
                        T. 40 S., R. 11 W., Willamette 
                        Meridian, as a wild river.
                          (xxii) The 1.27-mile segment from the 
                        headwaters of Chrome Creek tributary 
                        number 3 to the confluence with Chrome 
                        Creek, 4.28 miles upstream from the 
                        mouth of Chrome Creek in the Kalmiopsis 
                        Wilderness, flowing north from sec. 18, 
                        T. 40 S., R. 10 W., Willamette 
                        Meridian, as a wild river.
                          (xxiii) The 2.27-mile segment from 
                        the headwaters of Chrome Creek 
                        tributary number 4 to the confluence 
                        with Chrome Creek, 6.13 miles upstream 
                        from the mouth of Chrome Creek, flowing 
                        south from Chetco Peak in the 
                        Kalmiopsis Wilderness in sec. 36, T. 39 
                        S., R. 11 W., Willamette Meridian, as a 
                        wild river.
                          (xxiv) The 0.6-mile segment from the 
                        headwaters of Wimer Creek to the border 
                        between the States of Oregon and 
                        California, flowing south from sec. 17, 
                        T. 41 S., R. 10 W., Willamette 
                        Meridian, as a wild river.

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          [(111) Smith River, California.--The segment from the 
        confluence of the Middle Fork Smith River and the North 
        Fork Smith River to the Six Rivers National Forest 
        boundary, including the following segments of the 
        mainstem and certain tributaries, to be administered by 
        the Secretary of Agriculture in the following classes:
                  (A) The segment from the confluence of the 
                Middle Fork Smith River and the South Fork 
                Smith River to the National Forest boundary, as 
                a recreational river.
                  (B) Rowdy Creek from the California-Oregon 
                State line to the National Forest boundary, as 
                a recreational river.]
        (111) Smith River, California and Oregon.--The segment 
        from the confluence of the Middle Fork Smith River and 
        the North Fork Smith River to the Six Rivers National 
        Forest boundary, including the following segments of 
        the mainstem and certain tributaries, to be 
        administered by the Secretary of Agriculture in the 
        following classes:
                  (A) Mainstem.--The segment from the 
                confluence of the Middle Fork Smith River and 
                the South Fork Smith River to the Six Rivers 
                National Forest boundary, as a recreational 
                river.
                  (B) Rowdy Creek.--
                          (i) Upper.--The segment from and 
                        including the headwaters to the 
                        California-Oregon State line, as a wild 
                        river.
                          (ii) Lower.--The segment from the 
                        California-Oregon State line to the Six 
                        Rivers National Forest boundary, as a 
                        recreational river.

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