[Federal Register Volume 63, Number 223 (Thursday, November 19, 1998)]
[Notices]
[Pages 64233-64234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30912]


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DEPARTMENT OF AGRICULTURE

Forest Service


Establishment of The Opal Creek Wilderness and Opal Creek Scenic 
Recreation Area, Willamette National Forest, Marion County, Oregon

AGENCY: Forest Service, USDA.

ACTION: Notice of establishment of a wilderness and scenic recreation 
area.

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SUMMARY: Omnibus Parks and Public Lands Management Act of 1996, Pub. L. 
104-333 (``Opal Creek Bill'') provides for the establishment of the 
Opal Creek Wilderness and Scenic Recreation Area upon a determination 
by the Secretary of Agriculture that specified conditions are met 
within two years of enactment. The Secretary has determined that the 
conditions have been met, and the Opal Creek Wilderness and Scenic 
Recreation Area can be established. A copy of the establishment 
document appears at the end of this notice.

EFFECTIVE DATE: November 9, 1998.

ADDRESSES: A copy of the map depicting the Opal Creek Wilderness and 
Scenic Recreation Area, as well as a written legal description, are on 
file and available for public inspection in Forest Supervisor's Office, 
Willamette National Forest, P.O. Box 10607, Eugene, Oregon 97440.

FOR FURTHER INFORMATION CONTACT: Steve Sorseth, Wilderness Coordinator, 
Willamette National Forest, P.O. Box 10607, Eugene, Oregon 97440, phone 
541-465-6494.

    Dated: November 12, 1998.
Kimberly E. Bown,
Acting Regional Forester.

Establishment of the Opal Creek Wilderness and Opal Creek Scenic 
Recreation Area

Recitals

    A. Section 1023 of the Omnibus Parks and Public Lands Management 
Act of 1996, Pub. L. 104-333; 110 STAT. 4215-4224 (``Opal Creek Bill'') 
provides for the establishment of the Opal Creek Wilderness and Scenic 
Recreation Area upon a determination by the Secretary of Agriculture 
(Secretary) that specified conditions are met within two years of 
enactment [Opal Creek Bill, section 1023(c)(1)].
    B. Pub. L. 104-333 was enacted November 12, 1996.
    C. The conditions as specified in Opal Creek Bill section 
1023(c)(2) are as follow:
    1. The donation to the United States in acceptable condition and 
without encumbrance:
    a. All right, title, and interest in the following patented parcels 
of land-Santiam Number 1, Mineral Survey Number 992, as described in 
patent number 39-92-0002, dated December 11, 1991; Ruth Quartz Mine 
Number 2, Mineral Survey number 994, as described in patent number 39-
91-0012, dated February 12, 1991; Morning Star Lode, Mineral Survey 
Number 993, as described in patent number 36-91-0011, dated February 
12, 1991;
    b. All right, title, and interest held by any entity other than the 
Times Mirror Land and Timber Company, its successors and assigns in and 
to lands located in section 18, T. 8 S., R. 5 E., W.M., Marion County, 
Oregon, Eureka numbers 6, 7, 8 and 13 mining claims; and
    c. An easement across the Hewitt, Starvation, and Poor Boy Mill 
Sites, Mineral Survey Number 990, as described in patent number 36-91-
0017, dated May 9, 1991.
    2. A binding agreement, in the form of a Purchase Option Contract, 
has been executed by the Secretary and the owners of record as of March 
29, 1996, of the following interests, specifying the terms and 
conditions for the deposition of such interests to the United States 
Government:
    a. The lode mining claims known as the Princess Lode, Black Prince 
Lode, and King Number 4 Lode, embracing portions of sections 29 and 32, 
T. 8 S., R. 5 E., W.M., Marion County, Oregon, the claims being more 
particularly described in the field notes and depicted on the plat of 
Mineral Survey Number 887, Oregon; and
    b. Ruth Quartz Mine Number 1, Mineral Survey Number 994, as 
described in patent number 39-91-0012, dated February 12, 1991.
    D. I have reviewed the record prepared by the Forest Service 
related to the real property described in Recital C, above.

Determinations

    1. Based upon my review of the record, I make the following 
determinations on behalf of the Secretary:
    a. The conditions described in Recital C1, above, were met when the 
Friends of Opal Creek donated the interests in real property described 
in Recital C1 to the United States in acceptable condition and without 
encumbrance in a Donation Deed dated October 23, 1998, and recorded in 
the Marion County, Oregon real property records on October 23, 1998, 
Reel 1534, Page 676, and a Right-of-Way Easement dated October 23, 1998 
and recorded in the Marion County, Oregon real property records on 
October 23, 1998, Reel 1534, Page 675.
    b. The condition of the binding agreement specifying the terms and 
conditions for the disposition of the real property interests described 
in Recital C2 was met by the Purchase Option and Contract (``Option'') 
signed by the Friends of Opal Creek on July 29, 1998 and accepted by 
the Forest Service, on behalf of the Secretary on September 29, 1998. 
The Friends of Opal Creek met the terms and conditions of the Option 
when it transferred the interests in real property described in Recital 
C.2. to the United States in a Warranty Deed dated October 23, 1998, 
Reel 1534, page 674.

Establishment

    Based on the above Determinations and the provisions of the Opal 
Creek Bill:
    1. The Opal Creek Wilderness is established, and includes certain 
land in the Willamette National Forest as generally depicted on the map 
entitled ``Proposed Opal Creek Wilderness and Scenic Recreation Area'' 
dated July 1996, as described in section 1023(a)(2) of the Opal Creek 
Bill. A copy of that map is attached as Exhibit 1.
    2. The part of the Bull of the Woods Wilderness that is located in 
the Willamette National Forest is incorporated into the Opal Creek 
Wilderness.
    3. The Opal Creek Scenic recreation Area is established, as also 
generally depicted on the map entitled ``Proposed Opal Creek Wilderness 
and Scenic recreation Area'' dated July 1996 (Exhibit 1), as described 
in section 1023(a)(3) of the Opal Creek Bill.
    4. Under the U.S. Department of Agriculture's delegations of 
authority, the Chief of the Forest Service may make the determination 
on behalf of the Secretary that the conditions is subsection 1023(c)(2) 
of the Opal Creek Bill have been met. The Secretary has delegated to 
the Under Secretary for Natural Resources and Environmental the 
authority to acquire and dispose of lands and interests in lands may be 
authorized for the protection, management, and administration of the

[[Page 64234]]

National Forest System under 7 CFR 2.20(a)(2)(ii). The Under Secretary, 
in turn, has delegated this authority to the Chief of the Forest 
Service under 7 CFR 2.60(a)(2). The authority to acquire and dispose of 
lands and interests in land includes the authority to determine whether 
certain conditions precedent to the acquisition or disposal, such as 
those specified in subsection 1023(c)(2) of the Opal Creek bill, have 
been met. Forest Service Manual 5404.14 further delegates authorities 
associated with the land adjustment program from the Chief to the 
Regional Foresters.
    Inwitness whereof, the United States, by its Regional Forester, 
Pacific Northwest Region, Forest Service, has executed this document 
pursuant to the delegations of authority described above.

    Dated: November 9, 1998.
Robert W. Williams,
Pacific Northwest Region, Regional Forester.
[FR Doc. 98-30912 Filed 11-18-98; 8:45 am]
BILLING CODE 3410-11-M