Oregon Recreation Enhancement Act

II Calendar No. 382 116TH CONGRESS 1ST SESSION S. 1262 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 1, 2019 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 DECEMBER 18, 2019 Reported by Ms. MURKOWSKI, with amendments [Omit the part struck through and insert the part printed in italic] 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 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S1262.RS S1262 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1262 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 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1262.RS S1262 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1262 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 October 10, 8 2018 dated November 19, 2019, which is designated 9 as the ‘‘Rogue Canyon 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 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1262.RS S1262 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1262 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) ROAD CONSTRUCTION.— 24 VerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1262.RS S1262 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1262 RS (A) IN GENERAL.—Except as the Sec- 1 retary determines necessary for public safety, 2 no new permanent or temporary roads shall be 3 constructed (other than the repair and mainte- 4 nance of existing roads) within a recreation 5 area designated by subsection (a). 6 (B) 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 (4) VEGETATION MANAGEMENT.—Nothing in 11 this section prohibits the Secretary from conducting 12 vegetation management projects (including wildfire 13 resiliency and forest health projects) within a recre- 14 ation area designated by subsection (a) to the extent 15 consistent with the purposes of the recreation area. 16 (5) WILDFIRE MANAGEMENT.—Nothing in this 17 section alters the authority of the Secretary (in co- 18 operation with other Federal, State, and local agen- 19 cies, as appropriate) to conduct wildland fire oper- 20 ations within a recreation area designated by sub- 21 section (a), consistent with the purposes of this Act. 22 (6) WITHDRAWAL.—Subject to valid existing 23 rights, all Federal surface and subsurface land with- 24 VerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1262.RS S1262 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1262 RS in a recreation area designated by subsection (a) is 1 withdrawn from all forms of— 2 (A) entry, appropriation, or disposal under 3 the public land laws; 4 (B) location, entry, and patent under the 5 mining laws; and 6 (C) disposition under all laws pertaining to 7 mineral leasing, geothermal leasing, or mineral 8 materials. 9 (3) WILDFIRE RISK ASSESSMENT.—Not later 10 than 280 days after the date of enactment of this Act, 11 the Secretary, in consultation with the Oregon Gov- 12 ernor’s Council on Wildfire Response, shall conduct a 13 wildfire risk assessment that covers— 14 (A) the recreation areas designated by sub- 15 section (a); 16 (B) the Wild Rogue Wilderness; and 17 (C) any Federal land adjacent to an area 18 described in subparagraph (A) or (B). 19 (4) WILDFIRE MITIGATION PLAN.— 20 (A) IN GENERAL.—Not later than 1 year 21 after the date on which the wildfire risk assess- 22 ment is conducted under paragraph (3), the Sec- 23 retary shall develop a wildfire mitigation plan, 24 based on the wildfire risk assessment, that iden- 25 VerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S1262.RS S1262 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1262 RS tifies, evaluates, and prioritizes treatments and 1 other management activities that can be imple- 2 mented on the Federal land covered by the wild- 3 fire risk assessment (other than Federal land des- 4 ignated as a unit of the National Wilderness 5 Preservation System) to mitigate wildfire risk to 6 communities located near the applicable Federal 7 land. 8 (B) PLAN COMPONENTS.—The wildfire miti- 9 gation plan developed under subparagraph (A) 10 shall include— 11 (i) vegetation management projects 12 (including mechanical treatments to reduce 13 hazardous fuels and improve forest health 14 and resiliency); 15 (ii) evacuation routes for communities 16 located near the applicable Federal land, 17 which shall be developed in consultation 18 with State and local fire agencies; and 19 (iii) strategies for public dissemination 20 of emergency evacuation plans and routes. 21 (C) APPLICABLE LAW.—The wildfire miti- 22 gation plan under subparagraph (A) shall be de- 23 veloped in accordance with— 24 (i) this section; and 25 VerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S1262.RS S1262 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1262 RS (ii) any other applicable law. 1 (5) ROAD CONSTRUCTION.— 2 (A) IN GENERAL.—Except as provided in 3 subparagraph (B) or as the Secretary determines 4 necessary for public safety, no new permanent or 5 temporary roads shall be constructed (other than 6 the repair and maintenance of existing roads) 7 within a recreation area designated by sub- 8 section (a). 9 (B) TEMPORARY ROADS.—Consistent with 10 the purposes of this Act, the Secretary may con- 11 struct temporary roads within a recreation area 12 designated by subsection (a) to implement the 13 wildfire mitigation plan developed under para- 14 graph (4), unless the temporary road would be 15 within an area designated as a unit of the Na- 16 tional Wilderness Preservation System. 17 (C) EFFECT.—Nothing in this paragraph 18 affects the administration by the Secretary of the 19 Molalla Forest Road in accordance with applica- 20 ble resource management plans. 21 (6) EFFECT ON WILDFIRE MANAGEMENT.—Noth- 22 ing in this section alters the authority of the Sec- 23 retary (in cooperation with other Federal, State, and 24 local agencies, as appropriate) to conduct wildland 25 VerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S1262.RS S1262 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1262 RS fire operations within a recreation area designated by 1 subsection (a), consistent with the purposes of this 2 Act. 3 (7) WITHDRAWAL.—Subject to valid existing 4 rights, all Federal surface and subsurface land within 5 a recreation area designated by subsection (a) is 6 withdrawn from all forms of— 7 (A) entry, appropriation, or disposal under 8 the public land laws; 9 (B) location, entry, and patent under the 10 mining laws; and 11 (C) disposition under all laws pertaining to 12 mineral leasing, geothermal leasing, or mineral 13 materials. 14 (8) NO EFFECT ON WILDERNESS AREAS.—Any 15 wilderness area located within a recreation area des- 16 ignated by subsection (a) shall be administered in ac- 17 cordance with the Wilderness Act (16 U.S.C. 1131 et 18 seq.). 19 (d) ADJACENT MANAGEMENT.—Nothing in this sec- 20 tion creates any protective perimeter or buffer zone 21 around a recreation area designated by subsection (a). 22 SEC. 4. EXPANSION OF WILD ROGUE WILDERNESS AREA. 23 (a) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1262.RS S1262 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1262 RS (1) MAP.—The term ‘‘map’’ means the map en- 1 titled ‘‘Rogue Canyon Recreation Area Wild Rogue 2 Wilderness Additions’’ and dated October 10, 2018 3 dated November 19, 2019. 4 (2) WILDERNESS ADDITIONS.—The term ‘‘Wil- 5 derness additions’’ means the land added to the Wild 6 Rogue Wilderness under subsection (b)(1). 7 (b) EXPANSION OF WILD ROGUE WILDERNESS 8 AREA.— 9 (1) EXPANSION.—The approximately 59,512 10 acres of Federal land in the State generally depicted 11 on the map as ‘‘Proposed Wilderness’’ shall be 12 added to and administered as part of the Wild 13 Rogue Wilderness in accordance with the Endan- 14 gered American Wilderness Act of 1978 (16 U.S.C. 15 1132 note; Public Law 95–237), except that— 16 (A) the Secretary of the Interior and the 17 Secretary of Agriculture shall administer the 18 Federal land under their respective jurisdiction; 19 and 20 (B) any reference in that Act to the Sec- 21 retary of Agriculture shall be considered to be 22 a reference to the Secretary of Agriculture or 23 the Secretary of the Interior, as applicable. 24 (2) MAP; LEGAL DESCRIPTION.— 25 VerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1262.RS S1262 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1262 RS (A) IN GENERAL.—As soon as practicable 1 after the date of enactment of this Act, the Sec- 2 retary shall prepare a map and legal description 3 of the wilderness area designated by paragraph 4 (1). 5 (B) FORCE OF LAW.—The map and legal 6 description filed under subparagraph (A) shall 7 have the same force and effect as if included in 8 this section, except that the Secretary may cor- 9 rect typographical errors in the map and legal 10 description. 11 (C) PUBLIC AVAILABILITY.—The map and 12 legal description filed under subparagraph (A) 13 shall be on file and available for public inspec- 14 tion in the appropriate offices of the Bureau of 15 Land Management and Forest Service. 16 (3) FIRE, INSECTS, AND DISEASE.—The Sec- 17 retary may take such measures within the Wilder- 18 ness additions as the Secretary determines to be 19 necessary for the control of fire, insects, and disease, 20 in accordance with section 4(d)(1) of the Wilderness 21 Act (16 U.S.C. 1131(d)(1) 16 U.S.C. 1133(d)(1)). 22 (4) WITHDRAWAL.—Subject to valid existing 23 rights, the Wilderness additions are withdrawn from 24 all forms of— 25 VerDate Sep 11 2014 03:07 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1262.RS S1262 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 1262 RS (A) entry, appropriation, or disposal under 1 the public land laws; 2 (B) location, entry, and patent under the 3 mining laws; and 4 (C) disposition under all laws pertaining to 5 mineral leasing, geothermal leasing, or mineral 6 materials. 7 (5) TRIBAL RIGHTS.—Nothing in this sub- 8 section alters, modifies, enlarges, diminishes, or ab- 9 rogates the treaty rights of any Indian Tribe. 10 SEC. 5. WITHDRAWAL OF FEDERAL LAND, CURRY COUNTY 11 AND JOSEPHINE COUNTY, OREGON. 12 (a) DEFINITIONS.—In this section: 13 (1) ELIGIBLE FEDERAL LAND.—The term ‘‘eli- 14 gible Federal land’’ means— 15 (A) any federally owned land or interest in 16 land depicted on the Maps as within the Hunter 17 Creek and Pistol River Headwaters Withdrawal 18 Proposal or the Rough and Ready and Baldface 19 Creeks Mineral Withdrawal Proposal; or 20 (B) any land or interest in land locat [Text truncated for display. Full text available on Congress.gov.]