Summary
# OREGON RECREATION ENHANCEMENT ACT (S. 440) — PLAIN ENGLISH SUMMARY
## WHAT THIS BILL DOES
This bill creates two new recreation areas on federal land in Oregon and adds land to an existing wilderness area. It also blocks mining and mineral leasing activities on specific federal land in two Oregon counties to protect water sources and other natural resources.
## WHO IT AFFECTS
- Federal agencies managing public land (Bureau of Land Management and Forest Service)
- People who hunt, fish or use these lands recreationally
- Mining companies and mineral developers
- Communities near the affected federal lands
- State of Oregon and local fire agencies
## KEY PROVISIONS
- The bill designates approximately 98,150 acres as the Rogue Canyon Recreation Area and approximately 29,884 acres as the Molalla Recreation Area, both managed to protect recreation, wildlife, scenic and water values. (Sec. 3(a))
- The bill adds approximately 59,512 acres to the Wild Rogue Wilderness and requires these lands be managed as wilderness under federal law. (Sec. 4(b)(1))
- Federal agencies must conduct a wildfire risk assessment within 280 days and develop a wildfire mitigation plan within one year to reduce fire danger to nearby communities, including vegetation management and evacuation routes. (Sec. 3(c)(3) and (c)(4))
- No new permanent roads may be built in the recreation areas except for repair of existing roads or public safety, though temporary roads may be built for wildfire mitigation work. (Sec. 3(c)(5))
- Federal land in Curry County and Josephine County is withdrawn from all mining operations, mineral leasing and geothermal leasing, though hunting, fishing and other current recreational uses are allowed to continue. (Sec. 5(b) and (d))
## WHAT CHANGES
If this bill becomes law, approximately 187,546 acres of federal land in Oregon will shift to recreation and wilderness management instead of being available for mining or mineral development. Federal agencies will be required to complete wildfire assessments and mitigation plans for these areas. Maps showing the exact boundaries of all three designated areas will be prepared and made public. Communities near these lands may see new evacuation route planning developed by fire agencies.
## IMPORTANT DEFINITIONS
The bill defines "Secretary" as either the Secretary of the Interior (for land managed by the Interior Department) or the Secretary of Agriculture (for National Forest land). The bill defines "State" as Oregon.
## EFFECTIVE DATE
Not specified in bill text
II
Calendar No. 123
118TH CONGRESS
1ST SESSION
S. 440
[Report No. 118–51]
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.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 15, 2023
Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill;
which was read twice and referred to the Committee on Energy and Nat-
ural Resources
JULY 11, 2023
Reported by Mr. MANCHIN, without amendment
A BILL
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, ap-
propriation, or disposal under the public land laws, loca-
tion, entry, and patent under the mining laws, and oper-
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ation under the mineral leasing and geothermal leasing
laws, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Oregon Recreation En-
4
hancement Act’’.
5
SEC. 2. DEFINITIONS.
6
In this Act:
7
(1)
SECRETARY.—The
term
‘‘Secretary’’
8
means—
9
(A) the Secretary of the Interior, with re-
10
spect to public land administered by the Sec-
11
retary of the Interior; or
12
(B) the Secretary of Agriculture, with re-
13
spect to National Forest System land.
14
(2) STATE.—The term ‘‘State’’ means the State
15
of Oregon.
16
SEC. 3. ROGUE CANYON AND MOLALLA RECREATION
17
AREAS, OREGON.
18
(a) DESIGNATION OF ROGUE CANYON AND MOLALLA
19
RECREATION AREAS.—For the purposes of protecting,
20
conserving, and enhancing the unique and nationally im-
21
portant recreational, ecological, scenic, cultural, water-
22
shed, and fish and wildlife values of the areas, the fol-
23
lowing areas in the State are designated as recreation
24
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areas for management by the Secretary in accordance with
1
subsection (c):
2
(1) ROGUE CANYON RECREATION AREA.—The
3
approximately 98,150 acres of Bureau of Land Man-
4
agement land within the boundary generally depicted
5
as the ‘‘Rogue Canyon Recreation Area’’ on the map
6
entitled ‘‘Rogue Canyon Recreation Area Wild
7
Rogue Wilderness Additions’’ and dated November
8
19, 2019, which is designated as the ‘‘Rogue Canyon
9
Recreation Area’’.
10
(2) MOLALLA
RECREATION
AREA.—The ap-
11
proximately 29,884 acres of Bureau of Land Man-
12
agement land within the boundary generally depicted
13
on the map entitled ‘‘Molalla Recreation Area’’ and
14
dated September 26, 2018, which is designated as
15
the ‘‘Molalla Recreation Area’’.
16
(b) MAPS AND LEGAL DESCRIPTIONS.—
17
(1) IN GENERAL.—As soon as practicable after
18
the date of enactment of this Act, the Secretary
19
shall prepare a map and legal description of each
20
recreation area designated by subsection (a).
21
(2) EFFECT.—The maps and legal descriptions
22
prepared under paragraph (1) shall have the same
23
force and effect as if included in this Act, except
24
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that the Secretary may correct any minor errors in
1
the maps and legal descriptions.
2
(3) PUBLIC
AVAILABILITY.—The maps and
3
legal descriptions prepared under paragraph (1)
4
shall be available for public inspection in the appro-
5
priate offices of the Bureau of Land Management.
6
(c) ADMINISTRATION.—
7
(1) APPLICABLE LAW.—The Secretary shall ad-
8
minister each recreation area designated by sub-
9
section (a)—
10
(A) in a manner that conserves, protects,
11
and enhances the purposes for which the recre-
12
ation area is established; and
13
(B) in accordance with—
14
(i) this section;
15
(ii) the Federal Land Policy and Man-
16
agement Act of 1976 (43 U.S.C. 1701 et
17
seq.); and
18
(iii) other applicable laws.
19
(2) USES.—The Secretary shall only allow those
20
uses of a recreation area designated by subsection
21
(a) that are consistent with the purposes for which
22
the recreation area is established.
23
(3) WILDFIRE
RISK
ASSESSMENT.—Not later
24
than 280 days after the date of enactment of this
25
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Act, the Secretary, in consultation with the Oregon
1
Governor’s Council on Wildfire Response, shall con-
2
duct a wildfire risk assessment that covers—
3
(A) the recreation areas designated by sub-
4
section (a);
5
(B) the Wild Rogue Wilderness; and
6
(C) any Federal land adjacent to an area
7
described in subparagraph (A) or (B).
8
(4) WILDFIRE MITIGATION PLAN.—
9
(A) IN GENERAL.—Not later than 1 year
10
after the date on which the wildfire risk assess-
11
ment is conducted under paragraph (3), the
12
Secretary shall develop a wildfire mitigation
13
plan, based on the wildfire risk assessment, that
14
identifies, evaluates, and prioritizes treatments
15
and other management activities that can be
16
implemented on the Federal land covered by the
17
wildfire risk assessment (other than Federal
18
land designated as a unit of the National Wil-
19
derness Preservation System) to mitigate wild-
20
fire risk to communities located near the appli-
21
cable Federal land.
22
(B) PLAN
COMPONENTS.—The wildfire
23
mitigation plan developed under subparagraph
24
(A) shall include—
25
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(i) vegetation management projects
1
(including mechanical treatments to reduce
2
hazardous fuels and improve forest health
3
and resiliency);
4
(ii) evacuation routes for communities
5
located near the applicable Federal land,
6
which shall be developed in consultation
7
with State and local fire agencies; and
8
(iii) strategies for public dissemination
9
of emergency evacuation plans and routes.
10
(C) APPLICABLE LAW.—The wildfire miti-
11
gation plan under subparagraph (A) shall be
12
developed in accordance with—
13
(i) this section; and
14
(ii) any other applicable law.
15
(5) ROAD CONSTRUCTION.—
16
(A) IN GENERAL.—Except as provided in
17
subparagraph (B) or as the Secretary deter-
18
mines necessary for public safety, no new per-
19
manent or temporary roads shall be constructed
20
(other than the repair and maintenance of ex-
21
isting roads) within a recreation area des-
22
ignated by subsection (a).
23
(B) TEMPORARY ROADS.—Consistent with
24
the purposes of this Act, the Secretary may
25
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construct temporary roads within a recreation
1
area designated by subsection (a) to implement
2
the wildfire mitigation plan developed under
3
paragraph (4), unless the temporary road would
4
be within an area designated as a unit of the
5
National Wilderness Preservation System.
6
(C) EFFECT.—Nothing in this paragraph
7
affects the administration by the Secretary of
8
the Molalla Forest Road in accordance with ap-
9
plicable resource management plans.
10
(6) EFFECT
ON
WILDFIRE
MANAGEMENT.—
11
Nothing in this section alters the authority of the
12
Secretary (in cooperation with other Federal, State,
13
and local agencies, as appropriate) to conduct
14
wildland fire operations within a recreation area des-
15
ignated by subsection (a), consistent with the pur-
16
poses of this Act.
17
(7) WITHDRAWAL.—Subject to valid existing
18
rights, all Federal surface and subsurface land with-
19
in a recreation area designated by subsection (a) is
20
withdrawn from all forms of—
21
(A) entry, appropriation, or disposal under
22
the public land laws;
23
(B) location, entry, and patent under the
24
mining laws; and
25
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(C) disposition under all laws pertaining to
1
mineral leasing, geothermal leasing, or mineral
2
materials.
3
(8) NO EFFECT ON WILDERNESS AREAS.—Any
4
wilderness area located within a recreation area des-
5
ignated by subsection (a) shall be administered in
6
accordance with the Wilderness Act (16 U.S.C. 1131
7
et seq.).
8
(d) ADJACENT MANAGEMENT.—Nothing in this sec-
9
tion creates any protective perimeter or buffer zone
10
around a recreation area designated by subsection (a).
11
SEC. 4. EXPANSION OF WILD ROGUE WILDERNESS AREA.
12
(a) DEFINITIONS.—In this section:
13
(1) MAP.—The term ‘‘map’’ means the map en-
14
titled ‘‘Rogue Canyon Recreation Area Wild Rogue
15
Wilderness Additions’’ and dated November 19,
16
2019.
17
(2) WILDERNESS ADDITIONS.—The term ‘‘Wil-
18
derness additions’’ means the land added to the Wild
19
Rogue Wilderness under subsection (b)(1).
20
(b) EXPANSION
OF
WILD
ROGUE
WILDERNESS
21
AREA.—
22
(1) EXPANSION.—The approximately 59,512
23
acres of Federal land in the State generally depicted
24
on the map as ‘‘Proposed Wilderness’’ shall be
25
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added to and administered as part of the Wild
1
Rogue Wilderness in accordance with the Endan-
2
gered American Wilderness Act of 1978 (16 U.S.C.
3
1132 note; Public Law 95–237), except that—
4
(A) the Secretary of the Interior and the
5
Secretary of Agriculture shall administer the
6
Federal land under their respective jurisdiction;
7
and
8
(B) any reference in that Act to the Sec-
9
retary of Agriculture shall be considered to be
10
a reference to the Secretary of Agriculture or
11
the Secretary of the Interior, as applicable.
12
(2) MAP; LEGAL DESCRIPTION.—
13
(A) IN GENERAL.—As soon as practicable
14
after the date of enactment of this Act, the Sec-
15
retary shall prepare a map and legal description
16
of the wilderness area designated by paragraph
17
(1).
18
(B) FORCE OF LAW.—The map and legal
19
description filed under subparagraph (A) shall
20
have the same force and effect as if included in
21
this section, except that the Secretary may cor-
22
rect typographical errors in the map and legal
23
description.
24
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(C) PUBLIC AVAILABILITY.—The map and
1
legal description filed under subparagraph (A)
2
shall be on file and available for public inspec-
3
tion in the appropriate offices of the Bureau of
4
Land Management and Forest Service.
5
(3) FIRE, INSECTS, AND DISEASE.—The Sec-
6
retary may take such measures within the Wilder-
7
ness additions as the Secretary determines to be
8
necessary for the control of fire, insects, and disease,
9
in accordance with section 4(d)(1) of the Wilderness
10
Act (16 U.S.C. 1133(d)(1)).
11
(4) WITHDRAWAL.—Subject to valid existing
12
rights, the Wilderness additions are withdrawn from
13
all forms of—
14
(A) entry, appropriation, or disposal under
15
the public land laws;
16
(B) location, entry, and patent under the
17
mining laws; and
18
(C) disposition under all laws pertaining to
19
mineral leasing, geothermal leasing, or mineral
20
materials.
21
(5) TRIBAL
RIGHTS.—Nothing in this sub-
22
section alters, modifies, enlarges, diminishes, or ab-
23
rogates the treaty rights of any Indian Tribe.
24
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SEC. 5. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY
1
AND JOSEPHINE COUNTY, OREGON.
2
(a) DEFINITIONS.—In this section:
3
(1) ELIGIBLE FEDERAL LAND.—The term ‘‘eli-
4
gible Federal land’’ means—
5
(A) any federally owned land or interest in
6
land depicted on the Maps as within the Hunter
7
Creek and Pistol River Headwaters Withdrawal
8
Proposal or the Rough and Ready and Baldface
9
Creeks Mineral Withdrawal Proposal; or
10
(B) any land or interest in land located
11
within such withdrawal proposals that is ac-
12
quired by the Federal Government after the
13
date of enactment of this Act.
14
(2) MAPS.—The term ‘‘Maps’’ means—
15
(A) the Bureau of Land Management map
16
entitled ‘‘Hunter Creek and Pistol River Head-
17
waters Withdrawal Proposal’’ and dated Janu-
18
ary 12, 2015; and
19
(B) the Bureau of Land Management map
20
entitled ‘‘Rough and Ready and Baldface
21
Creeks Mineral Withdrawal Proposal’’ and
22
dated January 12, 2015.
23
(b) WITHDRAWAL.—Subject to valid existing rights,
24
the eligible Federal land is withdrawn from all forms of—
25
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(1) entry, appropriation, or disposal under the
1
public land laws;
2
(2) location, entry, and patent under the mining
3
laws; and
4
(3) operation under the mineral leasing and
5
geothermal leasing laws.
6
(c) AVAILABILITY OF MAPS.—Not later than 30 days
7
after the date of enactment of this Act, the Maps shall
8
be made available to the public at each appropriate office
9
of the Bureau of Land Management.
10
(d) EXISTING USES NOT AFFECTED.—Except with
11
respect to the withdrawal under subsection (b), nothing
12
in this section restricts recreational uses, hunting, fishing,
13
forest management activities, or other authorized uses al-
14
lowed on the date of enactment of this Act on the eligible
15
Federal land in accordance with applicable law.
16
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Calendar No. 123
118TH CONGRESS
1ST SESSION
[Text truncated for display. Full text available on Congress.gov.]