[Senate Report 118-51]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 123

118th Congress}                                           { Report
                                 SENATE
 1st Session  }                                           { 118-51

======================================================================
 
                   OREGON RECREATION ENHANCEMENT ACT

                                _______
                                

                 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. 440]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 440), 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. 440 is to designate certain land 
administered by the Bureau of Land Management and the Forest 
Service in the State of Oregon as wilderness and recreation 
areas, and to withdraw certain land located in Curry County and 
Josephine County, Oregon, from mineral leasing or development 
and from disposal under the public land laws.

                          BACKGROUND AND NEED

    The Wild Rogue Wilderness Area was designated by Congress 
in 1978 (Public Law 95-237) and includes approximately 28,100 
acres of Forest Service land and approximately 8,600 acres of 
lands administered by the Bureau of Land Management (BLM). S. 
440 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.
    In addition, S. 440 designates two new BLM 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. 440 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

    S. 440 was introduced by Senators Wyden and Merkley on 
February 15, 2023. Similar legislation, S. 1589, was introduced 
in the 117th Congress by Senators Wyden and Merkley on May 12, 
2021. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 1589 on October 19, 2021. The Committee 
ordered S. 1589 reported favorably without amendment on 
November 18, 2021 (S. Rept. 117-90)
    Senators Wyden and Merkley also 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 S. 1262 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 on S. 1548 on July 26, 2017. The Committee ordered S. 
1548 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 May 17, 2023, by a majority vote of a 
quorum present, recommends that the Senate pass S. 440.
    The roll call vote on reporting the measure was 12 yeas, 7 
nays as follows:

        YEAS                          NAYS
Mr. Manchin                         Mr. Barrasso
Mr. Wyden                           Mr. Risch*
Ms. Cantwell                        Mr. Lee*
Mr. Sanders*                        Mr. Hoeven*
Mr. Heinrich                        Mr. Cassidy*
Ms. Hirono                          Mrs. Hyde-Smith
Mr. King                            Mr. Hawley*
Ms. Cortez Masto
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 defines key terms in 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 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 clarifying 
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 following estimate of costs of this measure has been 
provided by the Congressional Budget Office.




    The bill would:
           Designate 188,000 acres of federal land in 
        Oregon for recreational use or as wilderness and 
        withdraw some of that land from the commercial timber 
        base
           Withdraw approximately 100,000 acres of 
        federal land in Oregon from mineral and geothermal 
        leasing
    Estimated budgetary effects would mainly stem from:
           Forgone income from federal timber sales
    Areas of significant uncertainty include:
           Estimating the amount of income forgone
    Bill summary: S. 440 would designate roughly 98,000 acres 
of federal land in Oregon as the Rogue Canyon Recreation Area 
and roughly 30,000 acres as the Molalla Recreation Area. The 
bill also would add about 60,000 acres of federal land in 
Oregon to the Wild Rogue Wilderness and permanently withdraw it 
from commercial timber sales. Finally, the bill would 
permanently withdraw about 100,000 acres of federal land in 
Curry County and Josephine County, Oregon, from mineral and 
geothermal leasing. All withdrawals would be subject to valid 
existing rights.
    Estimated Federal cost: CBO estimates that enacting the 
bill would increase direct spending by less than $500,000 each 
year, totaling $3 million over the 2023-2033 period. Increases 
in spending subject to appropriation also would be below 
$500,000 annually and would total $1 million over the 2023-2028 
period. The costs of the legislation fall within budget 
functions 300 (natural resources and environment) and 800 
(general government).
    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted late in fiscal year 2023.
    Background: Under current law, the Bureau of Land 
Management (BLM) oversees the federal land covered by the bill 
that is slated for timber production. Income from timber sales 
is classified in the budget as offsetting receipts (or 
reductions in direct spending), and counties in which the 
timber is harvested generally receive 50 percent of the sales' 
proceeds.
    Direct spending: CBO estimates that enacting S. 440 would 
decrease receipts, and thus increase direct spending, by about 
$3 million over the 2023-2033 period.
    Timber Sales: Using information from BLM and accounting for 
typical timeframes for timber sales, CBO expects that under 
current law, sales from the parcels named in the bill are 
likely to commence over the 2024-2027 period.
    CBO expects that BLM will offer 1.7 million board feet of 
timber annually from the area the bill proposes to include in 
the Molalla Recreation Area. Using data from BLM, CBO expects 
that nearly all of the timber will be sold for 35 cents to 47 
cents per board foot, totaling about $6 million in gross 
receipts over the 2023-2033 period.
    CBO anticipates that BLM will offer 2.6 million board feet 
annually from the proposed Rogue Canyon Recreation Area and 
900,000 board feet annually from the proposed addition to the 
Wild Rogue Wilderness. Using data from BLM, CBO expects that 80 
percent of the timber will be sold for 15 cents to 25 cents per 
board foot. Over the 2023-2033 period, CBO estimates that gross 
receipts from the proposed Rogue Canyon Recreation Area would 
total $3 million and that receipts from the proposed Wild Rogue 
Wilderness addition would total $1 million.
    After accounting for the 50 percent of the proceeds to be 
paid to county governments, CBO projects that net federal 
receipts from the sales in the three areas will total $5 
million over the 2023-2033 period.
    According to BLM, designating land for recreational use 
could reduce its potential for timber production; however, CBO 
has no basis on which to estimate that effect. In the absence 
of specific information, CBO used a 50 percent probability that 
timber sales would occur in the areas proposed for recreational 
use under the bill. On that basis, CBO estimates that the 
federal government would forgo more than $2 million in net 
receipts over the next 10 years from timber production in 
Molalla and Rogue Canyon.
    The land designated as wilderness under S. 440 would be 
permanently withdrawn from the commercial timber base. CBO thus 
estimates that the federal government would forgo net receipts 
of about $1 million over the 2023-2033 period from the addition 
to the Wild Rogue Wilderness.
    Mineral Development and Geothermal Leasing: S. 440 also 
would permanently withdraw, subject to valid existing rights, 
roughly 100,000 acres of Forest Service and BLM land in Curry 
County and Josephine County, Oregon, from mineral development 
under hardrock mining laws and from mineral and geothermal 
leasing. BLM temporarily withdrew that land in December 2016 as 
a result of Public Land Order 7859, ``Withdrawal of National 
Forest System and Bureau of Land Management Public Lands in 
Southwestern Oregon; Oregon.'' That order is effective for 
20years while the Congress considers legislation for a 
permanent withdrawal. As a result, CBO estimates that 
implementing that provision of the bill would have no budgetary 
effect over the 2023-2033 period, because the bill would codify 
the temporary order, subject to valid existing rights.
    Spending Subject to Appropriation: The bill would direct 
BLM to prepare a wildfire mitigation plan for the proposed 
recreation areas. Using information about the cost of similar 
activities, CBO estimates that meeting that requirement would 
cost $1 million over the 2024-2028 period; that spending would 
be subject to the availability of appropriated funds.
    Uncertainty: The amount that the government will collect 
from timber sales on the affected land is uncertain; thus, the 
amount of income forgone under S. 440 could be more or less 
than CBO estimates. Specifically, CBO cannot predict the volume 
or the value of timber production, when BLM will hold sales, or 
how the recreation designations under the bill would affect 
BLM's management of those areas for timber production.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that under S.440, the net changes in 
outlays that are subject to those pay-as-you-go procedures 
would be less than $500,000 in every year and would total $3 
million over the 2023-2033 period.
    Increase in long-term net direct spending and deficits: CBO 
estimates that enacting S. 440 would not increase net direct 
spending by more than $2.5 billion in any of the four 
consecutive 10-year periods beginning in 2034.
    CBO estimates that enacting S. 440 would not increase on-
budget deficits by more than $5billion in any of the four 
consecutive 10-year periods beginning in 2034.
    Mandates: None.
    Estimate prepared by: Federal Costs: Lilia Ledezma; 
Mandates: Brandon Lever.
    Estimate reviewed by: Ann E. Futrell Senior Adviser for 
Budget Analysis; Kathleen FitzGerald, Chief, Public and Private 
Mandates Unit; H. Samuel Papenfuss, Deputy Director of Budget 
Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

                      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. 440. 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. 440, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 440, 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 in the 117th Congress 
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 S. 440 as ordered reported.

                                  [all]