Smith River National Recreation Area Expansion Act

II 116TH CONGRESS 1ST SESSION S. 2875 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 NOVEMBER 14, 2019 Mr. MERKLEY (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Smith River National 4 Recreation Area Expansion Act’’. 5 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2875 IS SEC. 2. ADDITIONS TO THE SMITH RIVER NATIONAL 1 RECREATION AREA. 2 (a) DEFINITIONS.—Section 3 of the Smith River Na- 3 tional Recreation Area Act (16 U.S.C. 460bbb–1) is 4 amended— 5 (1) in paragraph (1), by striking ‘‘referred to in 6 section 4(b)’’ and inserting ‘‘entitled ‘Proposed 7 Smith River National Recreation Area’ and dated 8 July 1990’’; and 9 (2) in paragraph (2), by striking ‘‘the Six Riv- 10 ers National Forest’’ and inserting ‘‘an applicable 11 unit of the National Forest System’’. 12 (b) BOUNDARIES.—Section 4(b) of the Smith River 13 National Recreation Area Act (16 U.S.C. 460bbb–2(b)) 14 is amended— 15 (1) in paragraph (1)— 16 (A) in the first sentence, by inserting ‘‘and 17 on the map entitled ‘Proposed Additions to the 18 Smith River National Recreation Area’ and 19 dated November 14, 2019’’ after ‘‘1990’’; and 20 (B) in the second sentence, by striking 21 ‘‘map’’ and inserting ‘‘maps’’; and 22 (2) in paragraph (2), by striking ‘‘map’’ and in- 23 serting ‘‘maps described in paragraph (1)’’. 24 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2875 IS (c) ADMINISTRATION.—Section 5 of the Smith River 1 National Recreation Area Act (16 U.S.C. 460bbb–3) is 2 amended— 3 (1) in subsection (b)— 4 (A) in paragraph (1), in the first sentence, 5 by striking ‘‘the map’’ and inserting ‘‘the 6 maps’’; and 7 (B) in paragraph (2)— 8 (i) in subparagraph (A), by striking 9 ‘‘area shall be on’’ and inserting ‘‘area and 10 any portion of the recreation area in the 11 State of Oregon shall be on roadless’’; and 12 (ii) by adding at the end the fol- 13 lowing: 14 ‘‘(I) The Kalmiopsis Wilderness shall be 15 managed in accordance with the Wilderness Act 16 (16 U.S.C. 1131 et seq.).’’; 17 (2) in subsection (c), by striking ‘‘by the 18 amendments made by section 10(b) of this Act’’ and 19 inserting ‘‘within the recreation area’’; and 20 (3) by adding at the end the following: 21 ‘‘(d) STUDY; REPORT.— 22 ‘‘(1) IN GENERAL.—Not later than 5 years 23 after the date of enactment of this subsection, the 24 Secretary shall conduct a study of the area depicted 25 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2875 IS on the map entitled ‘Proposed Additions to the 1 Smith River National Recreation Area’ and dated 2 November 14, 2019, that includes inventories and 3 assessments of streams, fens, wetlands, lakes, other 4 water features, and associated land, plants (includ- 5 ing Port-Orford-cedar), animals, fungi, algae, and 6 other values, and unstable and potentially unstable 7 aquatic habitat areas in the study area. 8 ‘‘(2) MODIFICATION OF MANAGEMENT PLANS; 9 REPORT.—On completion of the study under para- 10 graph (1), the Secretary shall— 11 ‘‘(A) modify any applicable management 12 plan to fully protect the inventoried values 13 under the study, including to implement addi- 14 tional standards and guidelines; and 15 ‘‘(B) submit to Congress a report describ- 16 ing the results of the study.’’; 17 ‘‘(e) WILDFIRE MANAGEMENT.—Nothing in this Act 18 affects the authority of the Secretary (in cooperation with 19 other Federal, State, and local agencies, as appropriate) 20 to conduct wildland fire operations within the recreation 21 area, consistent with the purposes of this Act. 22 ‘‘(f) VEGETATION MANAGEMENT.—Nothing in this 23 Act prohibits the Secretary from conducting vegetation 24 management projects (including wildfire resiliency and 25 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2875 IS forest health projects) within the recreation area, to the 1 extent consistent with the purposes of the recreation area. 2 ‘‘(g) APPLICATION OF NORTHWEST FOREST PLAN 3 AND ROADLESS RULE TO CERTAIN PORTIONS OF THE 4 RECREATION AREA.—Nothing in this Act affects the ap- 5 plication of the Northwest Forest Plan or part 294 of title 6 36, Code of Federal Regulations (commonly referred to 7 as the ‘Roadless Rule’) (as in effect on the date of enact- 8 ment of this subsection), to portions of the recreation area 9 in the State of Oregon that are subject to the plan and 10 those regulations as of the date of enactment of this sub- 11 section. 12 ‘‘(h) PROTECTION OF TRIBAL RIGHTS.— 13 ‘‘(1) IN GENERAL.—Nothing in this Act dimin- 14 ishes any right of an Indian Tribe. 15 ‘‘(2) MEMORANDUM OF UNDERSTANDING.—The 16 Secretary shall seek to enter into a memorandum of 17 understanding with applicable Indian Tribes with re- 18 spect to— 19 ‘‘(A) providing the Indian Tribes with ac- 20 cess to the portions of the recreation area in 21 the State of Oregon to conduct historical and 22 cultural activities, including the procurement of 23 noncommercial forest products and materials 24 for traditional and cultural purposes; and 25 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2875 IS ‘‘(B) the development of interpretive infor- 1 mation to be provided to the public on the his- 2 tory of the Indian Tribes and the use of the 3 recreation area by the Indian Tribes.’’. 4 (d) ACQUISITION.—Section 6(a) of the Smith River 5 National Recreation Area Act (16 U.S.C. 460bbb–4(a)) 6 is amended— 7 (1) in the fourth sentence, by striking ‘‘All 8 lands’’ and inserting the following: 9 ‘‘(4) APPLICABLE LAW.—All land’’; 10 (2) in the third sentence— 11 (A) by striking ‘‘The Secretary’’ and in- 12 serting the following: 13 ‘‘(3) METHOD OF ACQUISITION.—The Sec- 14 retary’’; 15 (B) by striking ‘‘or any of its political sub- 16 divisions’’ and inserting ‘‘, the State of Oregon, 17 or any political subdivision of the State of Cali- 18 fornia or the State of Oregon’’; and 19 (C) by striking ‘‘donation or’’ and insert- 20 ing ‘‘purchase, donation, or’’; 21 (3) in the second sentence, by striking ‘‘In exer- 22 cising’’ and inserting the following: 23 ‘‘(2) CONSIDERATION OF OFFERS BY SEC- 24 RETARY.—In exercising’’; 25 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2875 IS (4) in the first sentence, by striking ‘‘The Sec- 1 retary’’ and inserting the following: 2 ‘‘(1) IN GENERAL.—The Secretary’’; and 3 (5) by adding at the end the following: 4 ‘‘(5) ACQUISITION OF CEDAR CREEK PARCEL.— 5 On the adoption of a resolution by the State Land 6 Board of Oregon and subject to available funding, 7 the Secretary shall acquire all right, title, and inter- 8 est in and to the approximately 555 acres of land 9 known as the ‘Cedar Creek Parcel’ located in sec. 10 16, T. 41 S., R. 11 W., Willamette Meridian.’’. 11 (e) FISH AND GAME.—Section 7 of the Smith River 12 National Recreation Area Act (16 U.S.C. 460bbb–5) is 13 amended— 14 (1) in the first sentence, by inserting ‘‘or the 15 State of Oregon’’ after ‘‘State of California’’; and 16 (2) in the second sentence, by inserting ‘‘or the 17 State of Oregon, as applicable’’ after ‘‘State of Cali- 18 fornia’’. 19 (f) MANAGEMENT PLANNING.—Section 9 of the 20 Smith River National Recreation Area Act (16 U.S.C. 21 460bbb–7) is amended— 22 (1) in the first sentence, by striking ‘‘The Sec- 23 retary’’ and inserting the following: 24 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2875 IS ‘‘(a) REVISION OF MANAGEMENT PLAN.—The Sec- 1 retary’’; and 2 (2) by adding at the end the following: 3 ‘‘(b) SMITH RIVER NATIONAL RECREATION AREA 4 MANAGEMENT PLAN REVISION.—As soon as practicable 5 after the date of the first revision of the forest plan after 6 the date of enactment of this subsection, the Secretary 7 shall revise the management plan for the recreation 8 area— 9 ‘‘(1) to reflect the expansion of the recreation 10 area into the State of Oregon under the Smith River 11 National Recreation Area Expansion Act; and 12 ‘‘(2) to include an updated recreation action 13 schedule to identify specific use and development 14 plans for the areas described in the map entitled 15 ‘Proposed Additions to the Smith River National 16 Recreation Area’ and dated November 14, 2019.’’. 17 (g) STREAMSIDE PROTECTION ZONES.—Section 18 11(b) of the Smith River National Recreation Area Act 19 (16 U.S.C. 460bbb–8(b)) is amended by adding at the end 20 the following: 21 ‘‘(24) Each of the river segments described in 22 subparagraph (B) of section 3(a)(92) of the Wild 23 and Scenic Rivers Act (16 U.S.C. 1274(a)(92)).’’. 24 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2875 IS (h) STATE AND LOCAL JURISDICTION AND ASSIST- 1 ANCE.—Section 12 of the Smith River National Recre- 2 ation Area Act (16 U.S.C. 460bbb–9) is amended— 3 (1) in subsection (a), by striking ‘‘California or 4 any political subdivision thereof’’ and inserting 5 ‘‘California, the State of Oregon, or a political sub- 6 division of the State of California or the State of Or- 7 egon’’; 8 (2) in subsection (b), in the matter preceding 9 paragraph (1), by striking ‘‘California or its political 10 subdivisions’’ and inserting ‘‘California, the State of 11 Oregon, or a political subdivision of the State of 12 California or the State of Oregon’’; and 13 (3) in subsection (c), in the first sentence— 14 (A) by striking ‘‘California and its political 15 subdivisions’’ and inserting ‘‘California, the 16 State of Oregon, and any political subdivision of 17 the State of California or the State of Oregon’’; 18 and 19 (B) by striking ‘‘State and its political 20 subdivisions’’ and inserting ‘‘State of Cali- 21 fornia, the State of Oregon, and any political 22 subdivision of the State of California or the 23 State of Oregon’’. 24 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2875 IS SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS. 1 (a) NORTH FORK SMITH ADDITIONS, OREGON.— 2 (1) FINDING.—Congress finds that the source 3 tributaries of the North Fork Smith River in the 4 State of Oregon possess outstandingly remarkable 5 wild anadromous fish and prehistoric, cultural, bo- 6 tanical, recreational, and water quality values. 7 (2) DESIGNATION.—Section 3(a)(92) of the 8 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(92)) 9 is amended— 10 (A) in subparagraph (B), by striking ‘‘sce- 11 nic’’ and inserting ‘‘wild’’; 12 (B) by redesignating subparagraphs (A) 13 through (C) as clauses (i) through (iii), respec- 14 tively, and indenting appropriately; 15 (C) in the matter preceding clause (i) (as 16 so redesignated), by striking ‘‘The 13-mile’’ and 17 inserting the following: 18 ‘‘(A) IN GENERAL.—The 13-mile’’; and 19 (D) by adding at the end the following: 20 ‘‘(B) ADDITIONS.—The following segments 21 of the source tributaries of the North Fork 22 Smith River, to be administered by the Sec- 23 retary of Agriculture in the following classes: 24 ‘‘(i) The 13.26-mile segment of 25 Baldface Creek from its headwaters, in- 26 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2875 IS cluding all perennial tributaries, to the 1 confluence with the North Fork Smith in 2 T. 39 S., R 10 W., T. 40 S., R. 10 W., 3 and T. 41 S., R. 11 W., Willamette Merid- 4 ian, as a wild river. 5 ‘‘(ii) The 3.58-mile segment from the 6 headwaters of Taylor Creek to the con- 7 fluence with Baldface Creek, as a wild 8 river. 9 ‘‘(iii) The 4.38-mile segment from the 10 headwaters of the unnamed tributary to 11 Biscuit Creek and the headwaters of Bis- 12 cuit Creek to the confluence with Baldface 13 Creek, as a wild river. 14 ‘‘(iv) The 2.27-mile segment from the 15 headwaters of Spokane Creek to the con- 16 fluence with Baldface Creek, as a wild 17 river. 18 ‘‘(v) The 1.25-mile segment from the 19 headwaters of Rock Creek to the con- 20 fluence with Baldface Creek, flowing south 21 from sec. 19, T. 40 S., R. 10 W., Willam- 22 ette Meridian, as a wild river. 23 ‘‘(vi) The 1.31-mile segment from the 24 headwaters of the unnamed tributary num- 25 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2875.IS S2875 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2875 IS ber 2 to the confluence with Baldface 1 Creek, flowing north from sec. 27, T. 40 2 S., R. 10 W., Willamette Meridian, as a 3 wild river. 4 ‘‘(vii) The 3.6-mile segment from the 5 2 headwaters of the unnamed tributary 6 number 3 to the confluence with Baldface 7 Creek, flowing south from secs. 9 and 10, 8 T. 40 S., R. 10 W., Willamette Meridian, 9 as a wild river. 10 ‘‘(viii) The 1.57-mile segment from 11 the headwaters of the unnamed tributary 12 number 4 to the confluence with Baldface 13 Creek, flowing north from sec. 26, T. 40 14 S., R. 10 W., Willamette Meridian, as a 15 wild river. 16 ‘‘(ix) The 0.92-mile segment from the 17 headwaters of the unnamed tributary num- 18 ber 5 to the confluence with Baldface 19 Creek, flowing north from sec. 13, T. 40 20 S., R. 10 W., Willamette Meridian, as a 21 wild river. 22 ‘‘(x) The 4.90-mile segment from the 23 headwaters of Cedar Creek to the con- 24 VerDate Sep 11 2014 00:18 Nov 20, 2019 Jkt 09 [Text truncated for display. 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