What This Bill Does
This bill expands the Smith River National Recreation Area by adding certain land areas in Oregon. It also designates specific river segments in Oregon as wild or scenic rivers under the Wild and Scenic Rivers Act. The bill modifies how the existing Smith River National Recreation Area is managed and administered.
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Who It Affects
The bill affects the Secretary of Agriculture (the federal official who manages national forests), the State of Oregon, Indian Tribes with historical ties to the area, and people who use the Smith River National Recreation Area for recreation and other purposes.
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Key Provisions
* The Secretary of Agriculture must conduct a study of the proposed additions within 5 years to inventory streams, wetlands, water features, plants and animals in the area (Sec. 2(c)).
* The Secretary must update the recreation area's management plan to reflect the expansion into Oregon and include specific plans for how the new areas will be used (Sec. 2(f)).
* Multiple river segments including Baldface Creek, Taylor Creek, Cedar Creek, and others are designated as wild rivers to be managed by the Secretary of Agriculture (Sec. 3(a)).
* The Secretary will seek to enter into an agreement with Indian Tribes regarding their access to Oregon portions of the recreation area for cultural activities and gathering of traditional materials (Sec. 2(c)).
* The Secretary may conduct vegetation management and wildfire operations within the recreation area consistent with its purposes (Sec. 2(c)).
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What Changes
If this becomes law, the Smith River National Recreation Area officially expands to include areas in Oregon. The management rules that currently apply to Oregon portions of the area (called the Northwest Forest Plan and the Roadless Rule) continue to apply. New river segments become protected wild and scenic rivers. The Secretary of Agriculture gains responsibility for managing additional land and must revise management plans accordingly. Indian Tribes gain a formal process to discuss access to the expanded area for cultural purposes.
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Important Definitions
The bill does not provide explicit definitions of key terms. It references existing legal documents and maps by date and title (such as the "Proposed Additions to the Smith River National Recreation Area" map dated January 23, 2023) but does not define those maps or areas in plain language within the bill text.
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II
Calendar No. 121
118TH CONGRESS
1ST SESSION
S. 162
[Report No. 118–49]
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
JANUARY 31, 2023
Mr. MERKLEY (for himself, Mr. WYDEN, Mrs. FEINSTEIN, and Mr. PADILLA)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
JULY 11, 2023
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
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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 January 23, 2023’’ after ‘‘1990’’; and
23
(B) in the second sentence, by striking
24
‘‘map’’ and inserting ‘‘maps’’; and
25
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(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
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‘‘(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
January 23, 2023, that includes inventories and as-
6
sessments 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
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‘‘(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
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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
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(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
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(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 January 23, 2023.’’.
22
(g) STREAMSIDE
PROTECTION
ZONES.—Section
23
11(b) of the Smith River National Recreation Area Act
24
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•S 162 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
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•S 162 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
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•S 162 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
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‘‘(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
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ber 5 to the confluenc
[Text truncated for display. Full text available on Congress.gov.]