[DOCID: f:hr591.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-591
======================================================================
COPPER SALMON WILDERNESS ACT OF 2008
_______
April 17, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3513]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3513) to amend the Oregon Wilderness Act of 1984 to
designate the Copper Salmon Wilderness and to amend the Wild
and Scenic Rivers Act to designate segments of the North and
South Forks of the Elk River in the State of Oregon as wild or
scenic rivers, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copper Salmon Wilderness Act of
2008''.
SEC. 2. DESIGNATION OF THE COPPER SALMON WILDERNESS.
(a) Designation.--Section 3 of the Oregon Wilderness Act of 1984 (16
U.S.C. 1132 note; Public Law 98-328) is amended--
(1) in the matter preceding paragraph (1), by striking
``eight hundred fifty-nine thousand six hundred acres'' and
inserting ``871,593 acres'';
(2) in paragraph (29), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(30) certain land in the Siskiyou National Forest,
comprising approximately 11,922 acres, as generally depicted on
the map entitled `Copper Salmon Wilderness Proposal' and dated
April 1, 2008, to be known as the `Copper Salmon
Wilderness'.''.
(b) Maps and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture (referred
to in this Act as the ``Secretary'') shall file a map and a
legal description of the Copper Salmon Wilderness with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the map and legal description.
(3) Boundary.--If the boundary of the Copper Salmon
Wilderness shares a border with a road, the Secretary may only
establish an offset that is not more than 150 feet from the
centerline of the road.
(4) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, OREGON.
Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(76)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``19-mile segment'' and inserting ``28.2-mile segment'';
(2) in subparagraph (A), by striking ``; and'' and inserting
a period; and
(3) by striking subparagraph (B) and inserting the following:
``(B)(i) The approximately 0.6-mile segment of the
North Fork Elk from its source in sec. 21, T. 33 S., R.
12 W., Willamette Meridian, downstream to 0.01 miles
below Forest Service Road 3353, as a scenic river.
``(ii) The approximately 5.5-mile segment of the
North Fork Elk from 0.01 miles below Forest Service
Road 3353 to its confluence with the South Fork Elk, as
a wild river.
``(C)(i) The approximately 0.9-mile segment of the
South Fork Elk from its source in the southeast quarter
of sec. 32, T. 33 S., R. 12 W., Willamette Meridian,
downstream to 0.01 miles below Forest Service Road
3353, as a scenic river.
``(ii) The approximately 4.2-mile segment of the
South Fork Elk from 0.01 miles below Forest Service
Road 3353 to its confluence with the North Fork Elk, as
a wild river.''.
SEC. 4. PROTECTION OF TRIBAL RIGHTS.
(a) In General.--Nothing in this Act shall be construed as
diminishing any right of any Indian tribe.
(b) Memorandum of Understanding.--The Secretary shall seek to enter
into a memorandum of understanding with the Coquille Indian Tribe
regarding access to the Copper Salmon Wilderness to conduct historical
and cultural activities.
SEC. 5. DESIGNATION OF POTENTIAL WILDERNESS AREA, SISKIYOU NATIONAL
FOREST, OREGON.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain National Forest System land in
the State of Oregon administered by the Forest Service as part of the
Siskiyou National Forest and compromising approximately 1,708 acres, as
generally depicted on the map entitled ``Copper Salmon Wilderness
Proposal'' and dated April 1, 2008, are designated as a potential
wilderness area for eventual inclusion in the Copper Salmon Wilderness
designated by paragraph (30) of section 3 of the Oregon Wilderness Act
of 1984 (16 U.S.C. 1132 note; Public Law 98-328), as added by section
2.
(b) Map and Legal Description.--As soon as practicable after the date
of the enactment of this Act, the Secretary shall file with the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and legal
description of potential wilderness area designated by subsection (a).
The map and legal description shall have the same force and effect as
if included in this Act, except that the Secretary may correct clerical
and typographical errors in the map and description. In the case of any
discrepancy between the acreage specified in subsection (a) and the
map, the map shall control. The map and legal description shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service.
(c) Management.--Except as provided in subsection (d) and subject to
valid existing rights, the Secretary shall manage the potential
wilderness area designated by subsection (a) as wilderness until its
designated as wilderness under subsection (e).
(d) Ecological Restoration.--
(1) In general.--For the purposes of implementing the planned
ecological restoration approved by the Decision Notice and
Finding of No Significant Impact for the Environmental
Assessment for the Coastal Healthy Forest Treatments, dated May
25, 2007, the Secretary may use motorized equipment and
mechanized transport in the potential wilderness area until its
designated as wilderness under subsection (e).
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration under paragraph
(1) with the least amount of adverse impact on wilderness
character and resources.
(e) Eventual Wilderness Designation.--The potential wilderness area
designated by subsection (a) shall be designated as wilderness on the
earlier of--
(1) the date on which the Secretary publishes in the Federal
Register notice that the conditions in the potential wilderness
area that are incompatible with the Wilderness Act (16 U.S.C.
1131 et seq.) have been removed; or
(2) the date that is 10 years after the date of the enactment
of this Act.
(f) Incorporation Into Copper Salmon Wilderness; Administration.--On
its designation as wilderness under subsection (e), the potential
wilderness area designated by subsection (a) shall be--
(1) incorporated into the Copper Salmon Wilderness; and
(2) administered in accordance with the Wilderness Act, the
Oregon Wilderness Act of 1984, and other laws applicable to the
Copper Salmon Wilderness, except that, with respect to the
potential wilderness area, any reference in the Wilderness Act
to the effective date of that Act shall be deemed to be a
reference to the date on which the lands are designated as
wilderness under subsection (e).
Purpose of the Bill
The purpose of H.R. 3513 is to amend the Oregon Wilderness
Act of 1984 (P.L. 98-328) to designate the Copper Salmon
Wilderness and to amend the Wild and Scenic Rivers Act to
designate segments of the North and South Forks of the Elk
River in the State of Oregon as wild and scenic rivers, and for
other purposes.
Background and Need for Legislation
H.R. 3513, as amended, designates 11,922 acres of the Rogue
River-Siskyou National Forest in Oregon as wilderness, 1,708
acres of the Rogue River-Siskyou National Forest as potential
wilderness, and 10.8 miles of river as wild and scenic.
Adjacent to the eastern boundary of the Grassy Nob
Wilderness, the Copper Salmon area includes the North and South
Forks of the Elk River and the upper Middle Fork of Sixes
River. The area contains one of the nation's largest remaining
stands of low-elevation old-growth forest. This area includes
the last remaining stands of Port Orford Cedars in the Elk
River watershed. The fisheries of the Elk River are known as
one of the best salmon and steelhead producers in the
continental United States.
H.R. 3513 has broad support from Oregon Governor
Kulongoski, the Curry County Commission, the Mayor of Port
Orford, the Port Orford Chamber of Commerce, the Friends of the
Elk River, Trout Unlimited, and the American Fisheries Society
(Oregon Chapter).
Committee Action
H.R. 3513 was introduced on September 10, 2007 by
Representative Peter DeFazio (D-OR). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests, and Pubic Lands.
On November 13, 2007, the Subcommittee on National Parks,
Forests, and Public Lands held a legislative hearing on the
bill.
On April 2, 2008, the Full Natural Resources Committee met
to consider H.R. 3513. The Subcommittee on National Parks,
Forests and Public Lands was discharged from further
consideration of the bill. Representative DeFazio offered an
amendment in the nature of a substitute to make technical
changes to the map, designate 1,708 acres of plantations within
the wilderness boundary as potential wilderness for ten years
to allow ecological restoration work, add language regarding
boundary offsets from roads, and add a new section regarding
the protection of tribal rights. The amendment in the nature of
a substitute was adopted by voice vote. The bill, as amended,
was then ordered favorably reported to the House of
Representatives by voice vote.
Section-by-Section Analysis
Section 1. Short title
Section 1 cites the short title of this Act as the ``Copper
Salmon Wilderness Act''.
Section 2. Designation of the Copper Salmon Wilderness, Oregon
Section 2(a) amends the Oregon Wilderness Act of 1984 to
designate approximately 11,922 acres of the Siskyou National
Forest as wilderness.
Section 2(b)(3) states that if the boundary of the Copper
Salmon Wilderness shares a border with a road, the Secretary
may establish as offset that is not more than 150 feet from the
centerline of the road.
The Committee is aware that some National Forest lands
designated as Wilderness by H.R. 3513 contain culverts. The
Committee understands that some of the culverts are in
disrepair. In fact, in 2002, the General Accounting Office
reported that the Forest Service's culvert maintenance backlog
totaled $331 million in Washington and Oregon (GAO-02-596T).
The GAO report concludes that the Forest Service has not made
sufficient funds available for culvert maintenance.
The Committee anticipates that the Forest Service will
eventually remove most, if not all, of the culverts after this
area is designated as wilderness. In particular, the Blackberry
Creek culvert is a tremendous obstacle for salmon and
steelhead. The Rogue River-Siskiyou National Forest has
identified this 10 foot high by 110 foot long fish passage
barrier as a top ten priority for removal in the Forest, to be
replaced with a bridge. Removal of this barrier will add fish
to the Elk River system, benefitting the sport and commercial
fishing industries that are an integral part of the local
economy. The Committee anticipates that removal of the
Blackberry Creek culvert will be a funding and ecological
priority for the Forest Service. However, the Committee is
aware that such removal may not occur in a timely manner given
the current state of the Forest Service's maintenance backlog.
In the interim, the Forest Service may find that continued
maintenance is necessary with respect to a particular culvert
or culverts in order to avoid damage to fisheries and soil
resources.
Section 4(c) of the Wilderness Act prohibits, among other
things, the use of motor vehicles, motorized equipment, or
other forms of mechanized transport, ``except as necessary to
meet minimum requirements for the Administration of the area
for the purpose of this Act . . .'' The Committee believes that
the Forest Service's ability to properly maintain affected
culverts can be accomplished consistent with this authority.
The Committee recognizes that the Forest Service may determine
that the use of motorized or mechanized equipment is necessary
to accomplish maintenance activities. In fact, the Committee
notes that the federal land management agencies' wilderness
management guidelines explicitly state that the term ``minimum
tool'' is not synonymous with ``primitive tool'' and in some
cases an agency may determine that ``minimum tool'' includes
motor vehicles, or other motorized or mechanized equipment.
Section 3. Wild and Scenic River designations, Elk River, Oregon
Section 3 amends the Wild and Scenic Rivers Act to
designate approximately 10.8 miles of the North Fork Elk and
South Fork Elk Rivers as wild and scenic.
Section 4. Protection of tribal rights
Section 4(a) states that nothing in the Act shall be
construed as diminishing any right of any Indian Tribe.
Section 4(b) requires the Secretary to enter into a
memorandum of understanding with the Coquille Indian Tribe
regarding access to the Copper Salmon Wilderness to conduct
historical and cultural activities.
Section 5. Designation of potential wilderness area, Siskiyou National
Forest, Oregon
Section 5(a) designates 1,708 acres of the Siskiyou
National Forest as potential wilderness for eventual inclusion
in the Copper Salmon Wilderness.
Section 5(c) and 5(d) state that the Secretary shall manage
the potential wilderness as wilderness with the exception of
allowing for implementation of the planned ecological
restoration approved by the Decision Notice and Finding of No
Significant Environmental Impact for the Environmental
Assessment for Coastal Healthy Forest Treatments, dated May 25,
2007.
Section 5(d) allows the Secretary to use motorized
equipment and mechanized transport in the potential wilderness
area for the ecological restoration activities until it is
designated as wilderness.
Section 5(d) further requires that to the maximum extent
practicable, the Secretary shall use the minimum tool or
administrative practice necessary to accomplish the ecological
restoration activities in the potential wilderness.
Section 5(f) states that the potential wilderness area
shall be designated as wilderness on the earlier of the date on
which the Secretary publishes in the Federal Register notice
that the conditions in the potential wilderness area that are
incompatible with the Wilderness Act have been removed or the
date that is ten years after the enactment of the Act.
The Committee intends for Section 5 of H.R. 3513 to be used
to implement the Selected Alternative of the Coastal Healthy
Forest Treatments Environmental Assessment and Decision Notice
signed in May of 2007 within the areas designated as potential
wilderness. The Committee expects that the receipts generated
from these restoration projects will be directed toward the
removal of the aforementioned culverts and toward the
decommissioning of roads within the proposed wilderness area.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Oregon Wilderness Act of
1984 to designate the Copper Salmon Wilderness and to amend the
Wild and Scenic Rivers Act to designate segments of the North
and South Forks of the Elk River in the State of Oregon as wild
and scenic rivers.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3513--Copper Salmon Wilderness Act of 2008
H.R. 3513 would designate approximately 11,900 acres of
land in the Siskiyou National Forest in Oregon as the Copper
Salmon Wilderness. The bill also would designate certain
segments of the north and south forks of the Elk River in
Oregon as wild or scenic rivers and approximately 1,700 acres
of the Siskiyou National Forest as a potential wilderness area.
Assuming the availability of appropriated funds, CBO
estimates that discretionary costs would increase by less than
$1 million to implement the bill. Those funds would be used to
survey and mark the wilderness area as well as remove existing
culverts and roads.
In addition, because a small portion of the affected area
has had an environmental assessment completed, timber
harvesting could occur in this area during the next 10 years
under current law. Because the bill would designate the land as
wilderness, some of that timber harvesting would not occur,
leading to a loss of offsetting receipts. According to the
Forest Service, any such activities would likely be done
through the use of stewardship contracts, a program that allows
the Forest Service to use proceeds from such sales, without
appropriation, for various purposes. Thus, while the bill would
lead to a small loss of offsetting receipts (less than $500,000
over the 2009-2018 period), those losses would be offset by a
corresponding reduction in direct spending. On balance, CBO
estimates that enacting this legislation would have no net
impact on direct spending and would not affect revenues.
H.R. 3513 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On March 11, 2008, CBO transmitted a cost estimate for S.
2034, the Copper Salmon Wilderness Act, as ordered reported by
the Senate Committee on Energy and Natural Resources on January
30, 2008. H.R. 3513 would designate approximately 1,700 fewer
acres of forest land in the Siskiyou National Forest as the
Copper Salmon Wilderness than S. 2034, and would designate that
land as potential wilderness for inclusion into the wilderness
at a later date. The other provisions of the bill are similar,
and the cost estimates for the bills are identical.
The CBO staff contact for this estimate is Tyler Kruzich.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 3513 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 3 OF THE OREGON WILDERNESS ACT OF 1984
Sec. 3. In furtherance of the purpose of the Wilderness Act
the following lands in the State of Oregon comprising
approximately [eight hundred fifty-nine thousand six hundred
acres] 871,593 acres and as generally depicted on maps
appropriately referenced, dated May 1984; are hereby designated
as wilderness, and therefore, as components of the National
Wilderness Preservation System--
(1) * * *
* * * * * * *
(29) certain lands in the Wallowa-Whitman National
Forest, which comprise approximately twenty-two
thousand seven hundred acres, are generally depicted on
a map entitled ``Hells Canyon Wilderness Additions-
Proposed'', and which are hereby incorporated in, and
which shall be deemed to be part of, the Hells Canyon
Wilderness as designated in Public Law 94-199[.]; and
(30) certain land in the Siskiyou National Forest,
comprising approximately 11,922 acres, as generally
depicted on the map entitled ``Copper Salmon Wilderness
Proposal'' and dated April 1, 2008, to be known as the
``Copper Salmon Wilderness''.
----------
WILD AND SCENIC RIVERS ACT
* * * * * * *
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) * * *
* * * * * * *
(76) Elk, oregon.--The [19-mile segment] 28.2-mile segment to
be administered by the Secretary of Agriculture in the
following classes:
(A) The 17-mile segment from the confluence of the
North and South Forks of the Elk to Anvil Creek as a
recreational river[; and].
[(B) the 2-mile segment of the North Fork Elk from
the falls to its confluence with the South Fork as a
wild river.]
(B)(i) The approximately 0.6-mile segment of the
North Fork Elk from its source in sec. 21, T. 33 S., R.
12 W., Willamette Meridian, downstream to 0.01 miles
below Forest Service Road 3353, as a scenic river.
(ii) The approximately 5.5-mile segment of the North
Fork Elk from 0.01 miles below Forest Service Road 3353
to its confluence with the South Fork Elk, as a wild
river.
(C)(i) The approximately 0.9-mile segment of the
South Fork Elk from its source in the southeast quarter
of sec. 32, T. 33 S., R. 12 W., Willamette Meridian,
downstream to 0.01 miles below Forest Service Road
3353, as a scenic river.
(ii) The approximately 4.2-mile segment of the South
Fork Elk from 0.01 miles below Forest Service Road 3353
to its confluence with the North Fork Elk, as a wild
river.
* * * * * * *
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