Wild Olympics Wilderness and Wild and Scenic Rivers Act

IB Union Calendar No. 311 116TH CONGRESS 2D SESSION H. R. 2642 [Report No. 116–388] 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 HOUSE OF REPRESENTATIVES MAY 9, 2019 Mr. KILMER introduced the following bill; which was referred to the Committee on Natural Resources FEBRUARY 4, 2020 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on May 9, 2019] VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2642 RH 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. VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2642 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SEC. 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. DESIGNATION OF OLYMPIC NATIONAL FOREST WIL- 6 DERNESS AREAS. 7 (a) IN GENERAL.—In furtherance of the Wilderness 8 Act (16 U.S.C. 1131 et seq.), the following Federal land in 9 the Olympic National Forest in the State of Washington 10 comprising approximately 126,554 acres, as generally de- 11 picted on the map entitled ‘‘Proposed Wild Olympics Wil- 12 derness and Wild and Scenic Rivers Act’’ and dated April 13 8, 2019 (referred to in this section as the ‘‘map’’), is des- 14 ignated as wilderness and as components of the National 15 Wilderness Preservation System: 16 (1) LOST CREEK WILDERNESS.—Certain Federal 17 land managed by the Forest Service, comprising ap- 18 proximately 7,159 acres, as generally depicted on the 19 map, which shall be known as the ‘‘Lost Creek Wil- 20 derness’’. 21 (2) RUGGED RIDGE WILDERNESS.—Certain Fed- 22 eral land managed by the Forest Service, comprising 23 approximately 5,956 acres, as generally depicted on 24 VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2642 RH the map, which shall be known as the ‘‘Rugged Ridge 1 Wilderness’’. 2 (3) ALCKEE CREEK WILDERNESS.—Certain Fed- 3 eral land managed by the Forest Service, comprising 4 approximately 1,787 acres, as generally depicted on 5 the map, which shall be known as the ‘‘Alckee Creek 6 Wilderness’’. 7 (4) GATES OF THE ELWHA WILDERNESS.—Cer- 8 tain Federal land managed by the Forest Service, 9 comprising approximately 5,669 acres, as generally 10 depicted on the map, which shall be known as the 11 ‘‘Gates of the Elwha Wilderness’’. 12 (5) BUCKHORN WILDERNESS ADDITIONS.—Cer- 13 tain Federal land managed by the Forest Service, 14 comprising approximately 21,965 acres, as generally 15 depicted on the map, is incorporated in, and shall be 16 managed as part of, the ‘‘Buckhorn Wilderness’’, as 17 designated by section 3 of the Washington State Wil- 18 derness Act of 1984 (16 U.S.C. 1132 note; Public Law 19 98–339). 20 (6) GREEN MOUNTAIN WILDERNESS.—Certain 21 Federal land managed by the Forest Service, com- 22 prising approximately 4,790 acres, as generally de- 23 picted on the map, which shall be known as the 24 ‘‘Green Mountain Wilderness’’. 25 VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2642 RH (7) THE BROTHERS WILDERNESS ADDITIONS.— 1 Certain land managed by the Forest Service, com- 2 prising approximately 8,625 acres, as generally de- 3 picted on the map, is incorporated in, and shall be 4 managed as part of, the ‘‘The Brothers Wilderness’’, 5 as designated by section 3 of the Washington State 6 Wilderness Act of 1984 (16 U.S.C. 1132 note; Public 7 Law 98–339). 8 (8) MOUNT SKOKOMISH WILDERNESS ADDI- 9 TIONS.—Certain land managed by the Forest Service, 10 comprising approximately 8,933 acres, as generally 11 depicted on the map, is incorporated in, and shall be 12 managed as part of, the ‘‘Mount Skokomish Wilder- 13 ness’’, as designated by section 3 of the Washington 14 State Wilderness Act of 1984 (16 U.S.C. 1132 note; 15 Public Law 98–339). 16 (9) WONDER MOUNTAIN WILDERNESS ADDI- 17 TIONS.—Certain land managed by the Forest Service, 18 comprising approximately 26,517 acres, as generally 19 depicted on the map, is incorporated in, and shall be 20 managed as part of, the ‘‘Wonder Mountain Wilder- 21 ness’’, as designated by section 3 of the Washington 22 State Wilderness Act of 1984 (16 U.S.C. 1132 note; 23 Public Law 98–339). 24 VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 2642 RH (10) MOONLIGHT DOME WILDERNESS.—Certain 1 Federal land managed by the Forest Service, com- 2 prising approximately 9,117 acres, as generally de- 3 picted on the map, which shall be known as the 4 ‘‘Moonlight Dome Wilderness’’. 5 (11) SOUTH QUINAULT RIDGE WILDERNESS.— 6 Certain Federal land managed by the Forest Service, 7 comprising approximately 10,887 acres, as generally 8 depicted on the map, which shall be known as the 9 ‘‘South Quinault Ridge Wilderness’’. 10 (12) COLONEL BOB WILDERNESS ADDITIONS.— 11 Certain Federal land managed by the Forest Service, 12 comprising approximately 353 acres, as generally de- 13 picted on the map, is incorporated in, and shall be 14 managed as part of, the ‘‘Colonel Bob Wilderness’’, as 15 designated by section 3 of the Washington State Wil- 16 derness Act of 1984 (16 U.S.C. 1132 note; Public Law 17 98–339). 18 (13) SAM’S RIVER WILDERNESS.—Certain Fed- 19 eral land managed by the Forest Service, comprising 20 approximately 13,418 acres, as generally depicted on 21 the map, which shall be known as the ‘‘Sam’s River 22 Wilderness’’. 23 (14) CANOE CREEK WILDERNESS.—Certain Fed- 24 eral land managed by the Forest Service, comprising 25 VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 2642 RH approximately 1,378 acres, as generally depicted on 1 the map, which shall be known as the ‘‘Canoe Creek 2 Wilderness’’. 3 (b) ADMINISTRATION.— 4 (1) MANAGEMENT.—Subject to valid existing 5 rights, the land designated as wilderness by subsection 6 (a) shall be administered by the Secretary of Agri- 7 culture (referred to in this section as the ‘‘Secretary’’), 8 in accordance with the Wilderness Act (16 U.S.C. 9 1131 et seq.), except that any reference in that Act to 10 the effective date of that Act shall be considered to be 11 a reference to the date of enactment of this Act. 12 (2) MAP AND DESCRIPTION.— 13 (A) IN GENERAL.—As soon as practicable 14 after the date of enactment of this Act, the Sec- 15 retary shall file a map and a legal description 16 of the land designated as wilderness by sub- 17 section (a) with— 18 (i) the Committee on Natural Re- 19 sources of the House of Representatives; and 20 (ii) the Committee on Energy and Nat- 21 ural Resources of the Senate. 22 (B) EFFECT.—Each map and legal descrip- 23 tion filed under subparagraph (A) shall have the 24 same force and effect as if included in this Act, 25 VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 2642 RH except that the Secretary may correct minor er- 1 rors in the map and legal description. 2 (C) PUBLIC AVAILABILITY.—Each map and 3 legal description filed under subparagraph (A) 4 shall be filed and made available for public in- 5 spection in the appropriate office of the Forest 6 Service. 7 (c) POTENTIAL WILDERNESS.— 8 (1) IN GENERAL.—In furtherance of the purposes 9 of the Wilderness Act (16 U.S.C. 1131 et seq.), certain 10 Federal land managed by the Forest Service, com- 11 prising approximately 5,346 acres as identified as 12 ‘‘Potential Wilderness’’ on the map, is designated as 13 potential wilderness. 14 (2) DESIGNATION AS WILDERNESS.—On the date 15 on which the Secretary publishes in the Federal Reg- 16 ister notice that any nonconforming uses in the po- 17 tential wilderness designated by paragraph (1) have 18 terminated, the potential wilderness shall be— 19 (A) designated as wilderness and as a com- 20 ponent of the National Wilderness Preservation 21 System; and 22 (B) incorporated into the adjacent wilder- 23 ness area. 24 (d) ADJACENT MANAGEMENT.— 25 VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 2642 RH (1) NO PROTECTIVE PERIMETERS OR BUFFER 1 ZONES.—The designations in this section shall not 2 create a protective perimeter or buffer zone around 3 any wilderness area. 4 (2) NONCONFORMING USES PERMITTED OUTSIDE 5 OF BOUNDARIES OF WILDERNESS AREAS.—Any activ- 6 ity or use outside of the boundary of any wilderness 7 area designated under this section shall be permitted 8 even if the activity or use would be seen or heard 9 within the boundary of the wilderness area. 10 (e) FIRE, INSECTS, AND DISEASES.—The Secretary 11 may take such measures as are necessary to control fire, 12 insects, and diseases, in the wilderness areas designated by 13 this section, in accordance with section 4(d)(1) of the Wil- 14 derness Act (16 U.S.C. 1133(d)(1)) and subject to such 15 terms and conditions as the Secretary determines to be ap- 16 propriate. 17 SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS. 18 (a) IN GENERAL.—Section 3(a) of the Wild and Scenic 19 Rivers Act (16 U.S.C. 1274(a)) is amended by adding at 20 the end the following: 21 ‘‘(231) ELWHA RIVER, WASHINGTON.—The ap- 22 proximately 29.0-mile segment of the Elwha River 23 and tributaries from the source to Cat Creek, to be 24 VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 2642 RH administered by the Secretary of the Interior as a 1 wild river. 2 ‘‘(232) DUNGENESS RIVER, WASHINGTON.—The 3 segment of the Dungeness River from the headwaters 4 to the State of Washington Department of Natural 5 Resources land in T. 29 N., R. 4 W., sec. 12, to be 6 administered by the Secretary of Agriculture, except 7 that portions of the river within the boundaries of 8 Olympic National Park shall be administered by the 9 Secretary of the Interior, including the following seg- 10 ments of the mainstem and major tributary the Gray 11 Wolf River, in the following classes: 12 ‘‘(A) The approximately 5.8-mile segment of 13 the Dungeness River from the headwaters to the 14 2870 Bridge, as a wild river. 15 ‘‘(B) The approximately 2.1-mile segment of 16 the Dungeness River from the 2870 Bridge to 17 Silver Creek, as a scenic river. 18 ‘‘(C) The approximately 2.7-mile segment of 19 the Dungeness River from Silver Creek to Sleepy 20 Hollow Creek, as a wild river. 21 ‘‘(D) The approximately 6.3-mile segment of 22 the Dungeness River from Sleepy Hollow Creek 23 to the Olympic National Forest boundary, as a 24 scenic river. 25 VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 2642 RH ‘‘(E) The approximately 1.9-mile segment of 1 the Dungeness River from the National Forest 2 boundary to the State of Washington Depart- 3 ment of Natural Resources land in T. 29 N., R. 4 4 W., sec. 12, as a recreational river. 5 ‘‘(F) The approximately 16.1-mile segment 6 of the Gray Wolf River from the headwaters to 7 the 2870 Bridge, as a wild river. 8 ‘‘(G) The approximately 1.1-mile segment of 9 the Gray Wolf River from the 2870 Bridge to the 10 confluence with the Dungeness River, as a scenic 11 river. 12 ‘‘(233) BIG QUILCENE RIVER, WASHINGTON.— 13 The segment of the Big Quilcene River from the head- 14 waters to the City of Port Townsend water intake fa- 15 cility, to be administered by the Secretary of Agri- 16 culture, in the following classes: 17 ‘‘(A) The approximately 4.4-mile segment 18 from the headwaters to the Buckhorn Wilderness 19 boundary, as a wild river. 20 ‘‘(B) The approximately 5.3-mile segment 21 from the Buckhorn Wilderness boundary to the 22 City of Port Townsend water intake facility, as 23 a scenic river. 24 VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 2642 RH ‘‘(C) Section 7(a), with respect to the licens- 1 ing of dams, water conduits, reservoirs, 2 powerhouses, transmission lines, or other project 3 works, shall apply to the approximately 5-mile 4 segment from the City of Port Townsend water 5 intake facility to the Olympic National Forest 6 boundary. 7 ‘‘(234) DOSEWALLIPS RIVER, WASHINGTON.—The 8 segment of the Dosewallips River from the headwaters 9 to the private land in T. 26 N., R. 3 W., sec. 15, to 10 be administered by the Secretary of Agriculture, ex- 11 cept that portions of the river within the boundaries 12 of Olympic National Park shall be administered by 13 the Secretary of the Interior, in the following classes: 14 ‘‘(A) The approximately 12.9-mile segment 15 from the headwaters to Station Creek, as a wild 16 river. 17 ‘‘(B) The approximately 6.8-mile segment 18 from Station Creek to the private land in T. 26 19 N., R. 3 W., sec. 15, as a scenic river. 20 ‘‘(235) DUCKABUSH RIVER, WASHINGTON.—The 21 segment of the Duckabush River from the headwaters 22 to the private land in T. 25 N., R. 3 W., sec. 1, to 23 be administered by the Secretary of Agriculture, ex- 24 cept that portions of the river within the boundaries 25 VerDate Sep 11 2014 20:49 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2642.RH H2642 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 2642 RH of Olympic National Park shall be administered by 1 the Secretary of the Interior, in the following classes: 2 ‘‘(A) The approximately 19.0-mile segment 3 from the headwaters to the Brothers Wilderness 4 boundary, as a wild river. 5 ‘‘(B) The approximately 1.9-mile segment 6 from the Brothers [Text truncated for display. Full text available on Congress.gov.]