Smith River National Recreation Area Expansion Act

II Calendar No. 618 117TH CONGRESS 2D SESSION S. 1538 [Report No. 117–241] 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. IN THE SENATE OF THE UNITED STATES MAY 10, 2021 Mr. MERKLEY (for himself, Mr. WYDEN, Mr. PADILLA, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources DECEMBER 12, 2022 Reported by Mr. MANCHIN, without amendment A BILL 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 Or- egon, 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 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1538 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Smith River National 2 Recreation Area Expansion Act’’. 3 SEC. 2. ADDITIONS TO THE SMITH RIVER NATIONAL 4 RECREATION AREA. 5 (a) DEFINITIONS.—Section 3 of the Smith River Na- 6 tional Recreation Area Act (16 U.S.C. 460bbb–1) is 7 amended— 8 (1) in paragraph (1), by striking ‘‘referred to in 9 section 4(b)’’ and inserting ‘‘entitled ‘Proposed 10 Smith River National Recreation Area’ and dated 11 July 1990’’; and 12 (2) in paragraph (2), by striking ‘‘the Six Riv- 13 ers National Forest’’ and inserting ‘‘an applicable 14 unit of the National Forest System’’. 15 (b) BOUNDARIES.—Section 4(b) of the Smith River 16 National Recreation Area Act (16 U.S.C. 460bbb–2(b)) 17 is amended— 18 (1) in paragraph (1)— 19 (A) in the first sentence, by inserting ‘‘and 20 on the map entitled ‘Proposed Additions to the 21 Smith River National Recreation Area’ and 22 dated November 14, 2019’’ after ‘‘1990’’; and 23 (B) in the second sentence, by striking 24 ‘‘map’’ and inserting ‘‘maps’’; and 25 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1538 RS (2) in paragraph (2), by striking ‘‘map’’ and in- 1 serting ‘‘maps described in paragraph (1)’’. 2 (c) ADMINISTRATION.—Section 5 of the Smith River 3 National Recreation Area Act (16 U.S.C. 460bbb–3) is 4 amended— 5 (1) in subsection (b)— 6 (A) in paragraph (1), in the first sentence, 7 by striking ‘‘the map’’ and inserting ‘‘the 8 maps’’; and 9 (B) in paragraph (2)— 10 (i) in subparagraph (A), by striking 11 ‘‘area shall be on’’ and inserting ‘‘area and 12 any portion of the recreation area in the 13 State of Oregon shall be on roadless’’; and 14 (ii) by adding at the end the fol- 15 lowing: 16 ‘‘(I) The Kalmiopsis Wilderness shall be 17 managed in accordance with the Wilderness Act 18 (16 U.S.C. 1131 et seq.).’’; 19 (2) in subsection (c), by striking ‘‘by the 20 amendments made by section 10(b) of this Act’’ and 21 inserting ‘‘within the recreation area’’; and 22 (3) by adding at the end the following: 23 ‘‘(d) STUDY; REPORT.— 24 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1538 RS ‘‘(1) IN GENERAL.—Not later than 5 years 1 after the date of enactment of this subsection, the 2 Secretary shall conduct a study of the area depicted 3 on the map entitled ‘Proposed Additions to the 4 Smith River National Recreation Area’ and dated 5 November 14, 2019, that includes inventories and 6 assessments of streams, fens, wetlands, lakes, other 7 water features, and associated land, plants (includ- 8 ing Port-Orford-cedar), animals, fungi, algae, and 9 other values, and unstable and potentially unstable 10 aquatic habitat areas in the study area. 11 ‘‘(2) MODIFICATION OF MANAGEMENT PLANS; 12 REPORT.—On completion of the study under para- 13 graph (1), the Secretary shall— 14 ‘‘(A) modify any applicable management 15 plan to fully protect the inventoried values 16 under the study, including to implement addi- 17 tional standards and guidelines; and 18 ‘‘(B) submit to Congress a report describ- 19 ing the results of the study.’’; 20 ‘‘(e) WILDFIRE MANAGEMENT.—Nothing in this Act 21 affects the authority of the Secretary (in cooperation with 22 other Federal, State, and local agencies, as appropriate) 23 to conduct wildland fire operations within the recreation 24 area, consistent with the purposes of this Act. 25 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1538 RS ‘‘(f) VEGETATION MANAGEMENT.—Nothing in this 1 Act prohibits the Secretary from conducting vegetation 2 management projects (including wildfire resiliency and 3 forest health projects) within the recreation area, to the 4 extent consistent with the purposes of the recreation area. 5 ‘‘(g) APPLICATION OF NORTHWEST FOREST PLAN 6 AND ROADLESS RULE TO CERTAIN PORTIONS OF THE 7 RECREATION AREA.—Nothing in this Act affects the ap- 8 plication of the Northwest Forest Plan or part 294 of title 9 36, Code of Federal Regulations (commonly referred to 10 as the ‘Roadless Rule’) (as in effect on the date of enact- 11 ment of this subsection), to portions of the recreation area 12 in the State of Oregon that are subject to the plan and 13 those regulations as of the date of enactment of this sub- 14 section. 15 ‘‘(h) PROTECTION OF TRIBAL RIGHTS.— 16 ‘‘(1) IN GENERAL.—Nothing in this Act dimin- 17 ishes any right of an Indian Tribe. 18 ‘‘(2) MEMORANDUM OF UNDERSTANDING.—The 19 Secretary shall seek to enter into a memorandum of 20 understanding with applicable Indian Tribes with re- 21 spect to— 22 ‘‘(A) providing the Indian Tribes with ac- 23 cess to the portions of the recreation area in 24 the State of Oregon to conduct historical and 25 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1538 RS cultural activities, including the procurement of 1 noncommercial forest products and materials 2 for traditional and cultural purposes; and 3 ‘‘(B) the development of interpretive infor- 4 mation to be provided to the public on the his- 5 tory of the Indian Tribes and the use of the 6 recreation area by the Indian Tribes.’’. 7 (d) ACQUISITION.—Section 6(a) of the Smith River 8 National Recreation Area Act (16 U.S.C. 460bbb–4(a)) 9 is amended— 10 (1) in the fourth sentence, by striking ‘‘All 11 lands’’ and inserting the following: 12 ‘‘(4) APPLICABLE LAW.—All land’’; 13 (2) in the third sentence— 14 (A) by striking ‘‘The Secretary’’ and in- 15 serting the following: 16 ‘‘(3) METHOD OF ACQUISITION.—The Sec- 17 retary’’; 18 (B) by striking ‘‘or any of its political sub- 19 divisions’’ and inserting ‘‘, the State of Oregon, 20 or any political subdivision of the State of Cali- 21 fornia or the State of Oregon’’; and 22 (C) by striking ‘‘donation or’’ and insert- 23 ing ‘‘purchase, donation, or’’; 24 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1538 RS (3) in the second sentence, by striking ‘‘In exer- 1 cising’’ and inserting the following: 2 ‘‘(2) CONSIDERATION OF OFFERS BY SEC- 3 RETARY.—In exercising’’; 4 (4) in the first sentence, by striking ‘‘The Sec- 5 retary’’ and inserting the following: 6 ‘‘(1) IN GENERAL.—The Secretary’’; and 7 (5) by adding at the end the following: 8 ‘‘(5) ACQUISITION OF CEDAR CREEK PARCEL.— 9 On the adoption of a resolution by the State Land 10 Board of Oregon and subject to available funding, 11 the Secretary shall acquire all right, title, and inter- 12 est in and to the approximately 555 acres of land 13 known as the ‘Cedar Creek Parcel’ located in sec. 14 16, T. 41 S., R. 11 W., Willamette Meridian.’’. 15 (e) FISH AND GAME.—Section 7 of the Smith River 16 National Recreation Area Act (16 U.S.C. 460bbb–5) is 17 amended— 18 (1) in the first sentence, by inserting ‘‘or the 19 State of Oregon’’ after ‘‘State of California’’; and 20 (2) in the second sentence, by inserting ‘‘or the 21 State of Oregon, as applicable’’ after ‘‘State of Cali- 22 fornia’’. 23 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1538 RS (f) MANAGEMENT PLANNING.—Section 9 of the 1 Smith River National Recreation Area Act (16 U.S.C. 2 460bbb–7) is amended— 3 (1) in the first sentence, by striking ‘‘The Sec- 4 retary’’ and inserting the following: 5 ‘‘(a) REVISION OF MANAGEMENT PLAN.—The Sec- 6 retary’’; and 7 (2) by adding at the end the following: 8 ‘‘(b) SMITH RIVER NATIONAL RECREATION AREA 9 MANAGEMENT PLAN REVISION.—As soon as practicable 10 after the date of the first revision of the forest plan after 11 the date of enactment of this subsection, the Secretary 12 shall revise the management plan for the recreation 13 area— 14 ‘‘(1) to reflect the expansion of the recreation 15 area into the State of Oregon under the Smith River 16 National Recreation Area Expansion Act; and 17 ‘‘(2) to include an updated recreation action 18 schedule to identify specific use and development 19 plans for the areas described in the map entitled 20 ‘Proposed Additions to the Smith River National 21 Recreation Area’ and dated November 14, 2019.’’. 22 (g) STREAMSIDE PROTECTION ZONES.—Section 23 11(b) of the Smith River National Recreation Area Act 24 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1538 RS (16 U.S.C. 460bbb–8(b)) is amended by adding at the end 1 the following: 2 ‘‘(24) Each of the river segments described in 3 subparagraph (B) of section 3(a)(92) of the Wild 4 and Scenic Rivers Act (16 U.S.C. 1274(a)(92)).’’. 5 (h) STATE AND LOCAL JURISDICTION AND ASSIST- 6 ANCE.—Section 12 of the Smith River National Recre- 7 ation Area Act (16 U.S.C. 460bbb–9) is amended— 8 (1) in subsection (a), by striking ‘‘California or 9 any political subdivision thereof’’ and inserting 10 ‘‘California, the State of Oregon, or a political sub- 11 division of the State of California or the State of Or- 12 egon’’; 13 (2) in subsection (b), in the matter preceding 14 paragraph (1), by striking ‘‘California or its political 15 subdivisions’’ and inserting ‘‘California, the State of 16 Oregon, or a political subdivision of the State of 17 California or the State of Oregon’’; and 18 (3) in subsection (c), in the first sentence— 19 (A) by striking ‘‘California and its political 20 subdivisions’’ and inserting ‘‘California, the 21 State of Oregon, and any political subdivision of 22 the State of California or the State of Oregon’’; 23 and 24 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1538 RS (B) by striking ‘‘State and its political 1 subdivisions’’ and inserting ‘‘State of Cali- 2 fornia, the State of Oregon, and any political 3 subdivision of the State of California or the 4 State of Oregon’’. 5 SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS. 6 (a) NORTH FORK SMITH ADDITIONS, OREGON.— 7 (1) FINDING.—Congress finds that the source 8 tributaries of the North Fork Smith River in the 9 State of Oregon possess outstandingly remarkable 10 wild anadromous fish and prehistoric, cultural, bo- 11 tanical, recreational, and water quality values. 12 (2) DESIGNATION.—Section 3(a)(92) of the 13 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(92)) 14 is amended— 15 (A) in subparagraph (B), by striking ‘‘sce- 16 nic’’ and inserting ‘‘wild’’; 17 (B) by redesignating subparagraphs (A) 18 through (C) as clauses (i) through (iii), respec- 19 tively, and indenting appropriately; 20 (C) in the matter preceding clause (i) (as 21 so redesignated), by striking ‘‘The 13-mile’’ and 22 inserting the following: 23 ‘‘(A) IN GENERAL.—The 13-mile’’; and 24 (D) by adding at the end the following: 25 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1538 RS ‘‘(B) ADDITIONS.—The following segments 1 of the source tributaries of the North Fork 2 Smith River, to be administered by the Sec- 3 retary of Agriculture in the following classes: 4 ‘‘(i) The 13.26-mile segment of 5 Baldface Creek from its headwaters, in- 6 cluding all perennial tributaries, to the 7 confluence with the North Fork Smith in 8 T. 39 S., R 10 W., T. 40 S., R. 10 W., 9 and T. 41 S., R. 11 W., Willamette Merid- 10 ian, as a wild river. 11 ‘‘(ii) The 3.58-mile segment from the 12 headwaters of Taylor Creek to the con- 13 fluence with Baldface Creek, as a wild 14 river. 15 ‘‘(iii) The 4.38-mile segment from the 16 headwaters of the unnamed tributary to 17 Biscuit Creek and the headwaters of Bis- 18 cuit Creek to the confluence with Baldface 19 Creek, as a wild river. 20 ‘‘(iv) The 2.27-mile segment from the 21 headwaters of Spokane Creek to the con- 22 fluence with Baldface Creek, as a wild 23 river. 24 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 1538 RS ‘‘(v) The 1.25-mile segment from the 1 headwaters of Rock Creek to the con- 2 fluence with Baldface Creek, flowing south 3 from sec. 19, T. 40 S., R. 10 W., Willam- 4 ette Meridian, as a wild river. 5 ‘‘(vi) The 1.31-mile segment from the 6 headwaters of the unnamed tributary num- 7 ber 2 to the confluence with Baldface 8 Creek, flowing north from sec. 27, T. 40 9 S., R. 10 W., Willamette Meridian, as a 10 wild river. 11 ‘‘(vii) The 3.6-mile segment from the 12 2 headwaters of the unnamed tributary 13 number 3 to the confluence with Baldface 14 Creek, flowing south from secs. 9 and 10, 15 T. 40 S., R. 10 W., Willamette Meridian, 16 as a wild river. 17 ‘‘(viii) The 1.57-mile segment from 18 the headwaters of the unnamed tributary 19 number 4 to the confluence with Baldface 20 Creek, flowing north from sec. 26, T. 40 21 S., R. 10 W., Willamette Meridian, as a 22 wild river. 23 ‘‘(ix) The 0.92-mile segment from the 24 headwaters of the unnamed tributary num- 25 VerDate Sep 11 2014 22:52 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1538.RS S1538 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •S [Text truncated for display. 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