Wild Olympics Wilderness and Wild and Scenic Rivers Act

II 116TH CONGRESS 1ST SESSION S. 1382 To designate and expand wilderness areas in Olympic National Forest in the State of Washington, and to designate certain rivers in Olympic National Forest and Olympic National Park as wild and scenic rivers, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 9, 2019 Mrs. MURRAY introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate and expand wilderness areas in Olympic Na- tional Forest in the State of Washington, and to des- ignate certain rivers in Olympic National Forest and Olympic National Park as wild and scenic rivers, 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 ‘‘Wild Olympics Wilder- 4 ness and Wild and Scenic Rivers Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds that— 7 VerDate Sep 11 2014 04:15 May 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42 with BILLS 2 •S 1382 IS (1) wilderness and wild and scenic river des- 1 ignations provide myriad benefits to the local com- 2 munity and beyond, including— 3 (A) recreation, as evidenced by the more 4 than 12,000,000 visitors each year to wilder- 5 ness areas who participate in recreation activi- 6 ties such as hiking, horseback riding, hunting, 7 fishing, skiing, climbing, camping, and floating 8 and rafting; 9 (B) wildlife habitat, by providing perma- 10 nent and durable protection for habitat for var- 11 ied wildlife species, including endangered spe- 12 cies; 13 (C) clean water for local communities that 14 rely on the Olympic National Forest as the 15 source for clean and safe drinking water; 16 (D) municipal watersheds for cities such as 17 Port Townsend, Washington; 18 (E) the ancient forests, salmon streams, 19 and unique scenery of the Olympic National 20 Forest, which provide local businesses with a 21 competitive edge over other regions in attract- 22 ing and retaining the talented people required 23 by local companies; 24 VerDate Sep 11 2014 04:15 May 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42 with BILLS 3 •S 1382 IS (F) the popular National Parks, monu- 1 ments, wilderness areas, and other public land 2 of the West, which have provided a competitive 3 advantage to the growing high technology and 4 professional services industries of the West, 5 such as health care, education, and business, 6 enabling the West to outperform the rest of the 7 United States economy in key measures of 8 growth, including employment, population, and 9 personal income during the 4 decades imme- 10 diately preceding the date of enactment of this 11 Act; and 12 (G) protecting and enhancing local travel, 13 tourism, hunting, fishing, and outdoor recre- 14 ation industries; 15 (2) under the Wilderness Act (16 U.S.C. 1131 16 et seq.)— 17 (A) land designated as wilderness protects 18 ‘‘ecological, geological, or other features of sci- 19 entific, scenic, or historical value’’; 20 (B) Federal agencies retain the ability to 21 use any means necessary to protect and control 22 fire, insects, and diseases, subject to such terms 23 and conditions as the Secretary determines to 24 be appropriate; and 25 VerDate Sep 11 2014 04:15 May 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42 with BILLS 4 •S 1382 IS (C) wilderness designations do not apply to 1 private land; 2 (3) this Act does not designate private land 3 inholdings as wilderness; 4 (4) under the Wild and Scenic Rivers Act (16 5 U.S.C. 1271 et seq.)— 6 (A) certain rivers are preserved to safe- 7 guard outstanding natural, cultural, and rec- 8 reational values for current and future genera- 9 tions; 10 (B) designation as a wild and scenic river 11 does not give the Federal Government control 12 over private property and provides no additional 13 authority for expanding designated river seg- 14 ments, except as provided in this Act and other 15 Acts; 16 (C) existing water rights are not impacted; 17 (D) the jurisdiction of the States and the 18 Federal Government over waters are not im- 19 pacted, as determined by established principles 20 of law; and 21 (E) river segments classified as ‘‘scenic’’ or 22 ‘‘recreational’’ allow construction of new access 23 points, restoration thinning, and motorized ac- 24 cess; 25 VerDate Sep 11 2014 04:15 May 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42 with BILLS 5 •S 1382 IS (5) the areas protected under this Act unques- 1 tionably meet all requirements under Federal law 2 (including regulations), as the areas contain— 3 (A) old growth stands, temperate rain for- 4 ests, and large swaths of roadless forests, more 5 than 99 percent of which could not be commer- 6 cially harvested under existing Federal law (in- 7 cluding regulations); 8 (B) the wilderness areas established under 9 this Act are areas that are prized by hikers, 10 hunters, anglers, and others and will be pre- 11 served and protected for recreational enjoyment 12 for generations to come; and 13 (C) rivers and tributaries that— 14 (i) are a source of clean water for 15 many communities on the Olympic Penin- 16 sula; and 17 (ii) provide important habitat for 18 salmon and other species of fish and sup- 19 ply the cold freshwater that feeds the 20 Puget Sound and creates the necessary 21 conditions for clams, oysters, and mussels, 22 whose growers contribute more than 23 $250,000,000 to the economy and support 24 VerDate Sep 11 2014 04:15 May 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42 with BILLS 6 •S 1382 IS thousands of jobs in the State of Wash- 1 ington; 2 (6) as a result of this Act— 3 (A) no roads would be closed; 4 (B) management decisions by local Forest 5 Service managers as to which roads should be 6 closed, maintained, or remain open for public 7 access will not be impacted and any ongoing 8 travel management processes will continue to be 9 the manner by which those decisions are made, 10 along with public input; and 11 (C) no private land would be subject to 12 management under the Wilderness Act (16 13 U.S.C. 1131 et seq.) or the Wild and Scenic 14 Rivers Act (16 U.S.C. 1271 et seq.); 15 (7) private property rights are central to the 16 United States and the economy of the United States, 17 and it shall be the policy of the United States to en- 18 courage, support, and promote the private ownership 19 of property to ensure that the constitutional and 20 other legal rights of private property owners are not 21 abridged by the Federal Government; 22 (8) the Olympic Peninsula is home to 8 feder- 23 ally recognized Indian tribes; and 24 VerDate Sep 11 2014 04:15 May 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42 with BILLS 7 •S 1382 IS (9) the United States acknowledges the trust 1 obligations of the Federal Government to Indian 2 tribes and recognizes that— 3 (A) the case styled United States v. Wash- 4 ington (384 F. Supp. 312) guaranteed certain 5 Indian tribes in the State of Washington har- 6 vest rights to Pacific salmon, leading to employ- 7 ment opportunities for tribal members; 8 (B) tribal governments provide a wide 9 range of critical services to enrolled members, 10 including education and cultural activities; 11 (C) Indian tribes engage in ongoing efforts 12 to restore and improve salmon populations and 13 habitat across the Olympic Peninsula, fre- 14 quently in conjunction with Federal, State, and 15 local governments and private stakeholders; and 16 (D) ongoing tribal efforts to protect and 17 improve salmon habitat and the habitats of 18 other threatened species populations are en- 19 couraged and supported in order to support the 20 long-term health of the ecosystem and the eco- 21 nomic benefit those resources provide. 22 VerDate Sep 11 2014 04:15 May 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42 with BILLS 8 •S 1382 IS SEC. 3. DESIGNATION OF OLYMPIC NATIONAL FOREST WIL- 1 DERNESS AREAS. 2 (a) IN GENERAL.—In furtherance of the Wilderness 3 Act (16 U.S.C. 1131 et seq.), the following Federal land 4 in the Olympic National Forest in the State of Wash- 5 ington comprising approximately 126,554 acres, as gen- 6 erally depicted on the map entitled ‘‘Proposed Wild Olym- 7 pics Wilderness and Wild Scenic Rivers Act’’ and dated 8 April 8, 2019 (referred to in this section as the ‘‘map’’), 9 is designated as wilderness and as components of the Na- 10 tional Wilderness Preservation System: 11 (1) LOST CREEK WILDERNESS.—Certain Fed- 12 eral land managed by the Forest Service, comprising 13 approximately 7,159 acres, as generally depicted on 14 the map, which shall be known as the ‘‘Lost Creek 15 Wilderness’’. 16 (2) RUGGED RIDGE WILDERNESS.—Certain 17 Federal land managed by the Forest Service, com- 18 prising approximately 5,956 acres, as generally de- 19 picted on the map, which shall be known as the 20 ‘‘Rugged Ridge Wilderness’’. 21 (3) ALCKEE CREEK WILDERNESS.—Certain 22 Federal land managed by the Forest Service, com- 23 prising approximately 1,787 acres, as generally de- 24 picted on the map, which shall be known as the 25 ‘‘Alckee Creek Wilderness’’. 26 VerDate Sep 11 2014 04:15 May 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42 with BILLS 9 •S 1382 IS (4) GATES OF THE ELWHA WILDERNESS.—Cer- 1 tain Federal land managed by the Forest Service, 2 comprising approximately 5,669 acres, as generally 3 depicted on the map, which shall be known as the 4 ‘‘Gates of the Elwha Wilderness’’. 5 (5) BUCKHORN WILDERNESS ADDITIONS.—Cer- 6 tain Federal land managed by the Forest Service, 7 comprising approximately 21,965 acres, as generally 8 depicted on the map, is incorporated in, and shall be 9 managed as part of, the ‘‘Buckhorn Wilderness’’, as 10 designated by section 3 of the Washington State 11 Wilderness Act of 1984 (16 U.S.C. 1132 note; Pub- 12 lic Law 98–339). 13 (6) GREEN MOUNTAIN WILDERNESS.—Certain 14 Federal land managed by the Forest Service, com- 15 prising approximately 4,790 acres, as generally de- 16 picted on the map, which shall be known as the 17 ‘‘Green Mountain Wilderness’’. 18 (7) THE BROTHERS WILDERNESS ADDITIONS.— 19 Certain land managed by the Forest Service, com- 20 prising approximately 8,625 acres, as generally de- 21 picted on the map, is incorporated in, and shall be 22 managed as part of, the ‘‘The Brothers Wilderness’’, 23 as designated by section 3 of the Washington State 24 VerDate Sep 11 2014 04:15 May 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42 with BILLS 10 •S 1382 IS Wilderness Act of 1984 (16 U.S.C. 1132 note; Pub- 1 lic Law 98–339). 2 (8) MOUNT SKOKOMISH WILDERNESS ADDI- 3 TIONS.—Certain land managed by the Forest Serv- 4 ice, comprising approximately 8,933 acres, as gen- 5 erally depicted on the map, is incorporated in, and 6 shall be managed as part of, the ‘‘Mount Skokomish 7 Wilderness’’, as designated by section 3 of the 8 Washington State Wilderness Act of 1984 (16 9 U.S.C. 1132 note; Public Law 98–339). 10 (9) WONDER MOUNTAIN WILDERNESS ADDI- 11 TIONS.—Certain land managed by the Forest Serv- 12 ice, comprising approximately 26,517 acres, as gen- 13 erally depicted on the map, is incorporated in, and 14 shall be managed as part of, the ‘‘Wonder Mountain 15 Wilderness’’, as designated by section 3 of the 16 Washington State Wilderness Act of 1984 (16 17 U.S.C. 1132 note; Public Law 98–339). 18 (10) MOONLIGHT DOME WILDERNESS.—Certain 19 Federal land managed by the Forest Service, com- 20 prising approximately 9,117 acres, as generally de- 21 picted on the map, which shall be known as the 22 ‘‘Moonlight Dome Wilderness’’. 23 (11) SOUTH QUINAULT RIDGE WILDERNESS.— 24 Certain Federal land managed by the Forest Serv- 25 VerDate Sep 11 2014 04:15 May 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42 with BILLS 11 •S 1382 IS ice, comprising approximately 10,887 acres, as gen- 1 erally depicted on the map, which shall be known as 2 the ‘‘South Quinault Ridge Wilderness’’. 3 (12) COLONEL BOB WILDERNESS ADDITIONS.— 4 Certain Federal land managed by the Forest Serv- 5 ice, comprising approximately 353 acres, as gen- 6 erally depicted on the map, is incorporated in, and 7 shall be managed as part of, the ‘‘Colonel Bob Wil- 8 derness’’, as designated by section 3 of the Wash- 9 ington State Wilderness Act of 1984 (16 U.S.C. 10 1132 note; Public Law 98–339). 11 (13) SAM’S RIVER WILDERNESS.—Certain Fed- 12 eral land managed by the Forest Service, comprising 13 approximately 13,418 acres, as generally depicted on 14 the map, which shall be known as the ‘‘Sam’s River 15 Wilderness’’. 16 (14) CANOE CREEK WILDERNESS.—Certain 17 Federal land managed by the Forest Service, com- 18 prising approximately 1,378 acres, as generally de- 19 picted on the map, which shall be known as the 20 ‘‘Canoe Creek Wilderness’’. 21 (b) ADMINISTRATION.— 22 (1) MANAGEMENT.—Subject to valid existing 23 rights, the land designated as wilderness by sub- 24 section (a) shall be administered by the Secretary of 25 VerDate Sep 11 2014 04:15 May 17, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1382.IS S1382 kjohnson on DSK79L0C42 with BILLS 12 •S 1382 IS Agriculture (referred to in this section as the ‘‘Sec- 1 retary’’), in accordance with the Wilderness Act (16 2 U.S.C. 1131 et seq.), except that any reference in 3 that Act to the effective date of that Act shall be 4 considered to be a reference to the date of enact- 5 ment of this Act. 6 (2) MAP AND DESCRIPTION.— 7 (A) IN GENERAL.—As soon as practicable 8 after the date of enactment of this Act, the Sec- 9 retary shall file a map and a legal description 10 of the land designated as wilderness by sub- 11 section (a) with— 12 (i) the Committee on Natural Re- 13 sources of the House of Representatives; 14 and 15 (ii) the Committee on Energy and 16 Natural Resources of the Senate. 17 (B) EFFECT.—Each map and legal de- 18 scription filed under subparagraph (A) shall 19 have the same force and effect as if included in 20 this Act, except that the Secretary may correct 21 minor errors in the map and legal description. 22 (C) PUBLIC AVAILABILITY.—Each map 23 and legal description filed under subparagraph 24 (A) shall be filed and made available for public 25 VerDate Sep 11 [Text truncated for display. 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