Oregon Recreation Enhancement Act

II Calendar No. 298 117TH CONGRESS 2D SESSION S. 1589 [Report No. 117–90] 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 MAY 12, 2021 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 MARCH 2, 2022 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- VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1589 RS 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 VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1589 RS 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 VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1589 RS 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 VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1589 RS 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 VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 1589 RS (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 VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 1589 RS 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 VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 1589 RS (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 VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 1589 RS 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 VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 1589 RS (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 VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 1589 RS 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 VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 1589 RS (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 VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS VerDate Sep 11 2014 00:23 Mar 03, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589 pbinns on DSKJLVW7X2PROD with BILLS Calendar No. 298 117TH CONGRESS 2D SESS [Text truncated for display. Full text available on Congress.gov.]