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Omnibus Parks and Public Lands Management Act of 1996
November 13, 1996
P.L. 104-333
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on
Wednesday,
the third day of January, one thousand nine hundred and
ninety-six
AN ACT
To provide for the administration of certain
Presidio
properties at minimal cost to the Federal taxpayer, and for other
purposes.
Be it enacted by the Senate and House of
Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the "Omnibus
Parks and Public Lands Management Act of 1996".
Sec. 1. Short title and table of contents.
DIVISION I
TITLE I--THE PRESIDIO OF SAN FRANCISCO
Sec. 101. Findings.
Sec. 102. Authority and responsibility of the Secretary of
the Interior.
Sec. 103. Establishment of the Presidio Trust.
Sec. 104. Duties and authorities of the Trust.
Sec. 105. Limitations on funding.
Sec. 106. General Accounting Office study.
TITLE II--BOUNDARY ADJUSTMENTS AND CONVEYANCES
Sec. 201. Yucca House National Monument boundary
adjustment.
Sec. 202. Zion National Park boundary adjustment.
Sec. 203. Pictured Rocks National Lakeshore boundary
adjustment.
Sec. 204. Independence National Historical Park boundary
adjustment.
Sec. 205. Craters of the Moon National Monument boundary
adjustment.
Sec. 206. Hagerman Fossil Beds National Monument boundary
adjustment.
Sec. 207. Wupatki National Monument boundary adjustment.
Sec. 208. Walnut Canyon National Monument boundary
modification.
Sec. 209. Butte County, California land conveyance.
Sec. 210. Taos Pueblo land transfer.
Sec. 211. Colonial National Historical Park.
Sec. 212. Cuprum, Idaho relief.
Sec. 213. Relinquishment of interest.
Sec. 214. Modoc National Forest.
Sec. 215. Conveyance to City of Sumpter, Oregon.
Sec. 216. Cumberland Gap National Historical Park.
Sec. 217. Alpine School District.
Sec. 218. Merced Irrigation District land exchange.
Sec. 219. Father Aull site transfer.
Sec. 220. Coastal Barrier Resources System.
Sec. 221. Conveyance to Del Norte County Unified School
District.
TITLE III--EXCHANGES
Sec. 301. Targhee National Forest land exchange.
Sec. 302. Anaktuvuk Pass land exchange.
Sec. 303. Alaska Peninsula subsurface consolidation.
Sec. 304. Snowbasin Land Exchange Act.
Sec. 305. Arkansas and Oklahoma land exchange.
Sec. 306. Big Thicket National Preserve.
Sec. 307. Lost Creek land exchange.
Sec. 308. Cleveland National Forest land exchange.
Sec. 309. Sand Hollow land exchange.
Sec. 310. Bureau of Land Management authorization for fiscal
years 1997 through 2002.
Sec. 311. Kenai Natives Association land exchange.
TITLE IV--RIVERS AND TRAILS
Sec. 401. Rio Puerco watershed.
Sec. 402. Old Spanish Trail.
Sec. 403. Great Western Scenic Trail.
Sec. 404. Hanford Reach Preservation.
Sec. 405. Lamprey Wild and Scenic River.
Sec. 406. West Virginia National Rivers Amendments of 1996.
Sec. 407. Technical amendment to the Wild and Scenic Rivers
Act.
Sec. 408. Protection of North St. Vrain Creek, Colorado.
TITLE V--HISTORIC AREAS AND CIVIL RIGHTS
Sec. 501. The Selma to Montgomery National Historic Trail.
Sec. 502. Vancouver National Historic Reserve.
Sec. 503. Extension of Kaloko-Honokohau Advisory Commission.
Sec. 504. Amendment to Boston National Historic Park Act.
Sec. 505. Women's Rights National Historic Park.
Sec. 506. Black Patriots Memorial Extention.
Sec. 507. Historically black colleges and universities
historic building restoration and preservation.
Sec. 508. Memorial to Martin Luther King, Jr.
Sec. 509. Advisory Council on Historic Preservation
reauthorization.
Sec. 510. Great Falls Historic District, New Jersey.
Sec. 511. New Bedford National Historic Landmark District.
Sec. 512. Nicodemus National Historic Site.
Sec. 513. Unalaska.
Sec. 514. Japanese American Patriotism Memorial.
Sec. 515. Manzanar National Historic Site.
Sec. 516. Recognition and designation of the AIDS Memorial
Grove as national memorial.
TITLE VI--CIVIL AND REVOLUTIONARY WAR SITES
Sec. 601. United States Civil War Center.
Sec. 602. Corinth, Mississippi, Battlefield Act.
Sec. 603. Revolutionary War and War of 1812 Historic
Preservation Study.
Sec. 604. American battlefield protection program.
Sec. 605. Chickamauga and Chattanooga National Military
Parks.
Sec. 606. Shenandoah Valley battlefields.
Sec. 607. Washita Battlefield.
TITLE VII--FEES
Sec. 701. Ski area permit rental charge.
Sec. 702. Delaware Water Gap.
Sec. 703. Glacier Bay National Park.
TITLE VIII--MISCELLANEOUS ADMINISTRATIVE AND MANAGEMENT PROVISIONS
Sec. 801. Limitation on park buildings.
Sec. 802. Appropriations for transportation of children.
Sec. 803. Feral burros and horses.
Sec. 804. Authorities of the Secretary of the Interior
relating to museums.
Sec. 805. Volunteers in parks increase.
Sec. 806. Carl Garner Federal Lands Cleanup Day.
Sec. 807. Fort Pulaski National Monument, Georgia.
Sec. 808. Laura C. Hudson Visitor Center.
Sec. 809. Robert J. Lagomarsino Visitor Center.
Sec. 810. Expenditure of funds outside authorized boundary of
Rocky Mountain National Park.
Sec. 811. Dayton aviation.
Sec. 812. Prohibition on certain transfers of national forest
lands.
Sec. 813. Grand Lake Cemetery.
Sec. 814. National Park Service administrative reform.
Sec. 815. William B. Smullin Visitor Center.
Sec. 816. Calumet Ecological Park.
Sec. 817. Acquisition of certain property on Santa Cruz
Island.
Sec. 818. National Park Agreements.
TITLE IX--HERITAGE AREAS
Sec. 901. Blackstone River Valley National Heritage
Corridor.
Sec. 902. Illinois and Michigan Canal National Heritage
Corridor.
TITLE X--MISCELLANEOUS
SUBTITLE A--TALLGRASS PRAIRIE NATIONAL PRESERVE
Sec. 1001. Short title.
Sec. 1002. Findings and purposes.
Sec. 1003. Definitions.
Sec. 1004. Establishment of Tallgrass Prairie National
Preserve.
Sec. 1005. Administration of National Preserve.
Sec. 1006. Limited authority to acquire.
Sec. 1007. Advisory Committee.
Sec. 1008. Restriction on authority.
Sec. 1009. Authorization of appropriations.
SUBTITLE B--STERLING FOREST
Sec. 1011. Palisades Interstate Park Commission.
SUBTITLE C--ADDITIONAL PROVISIONS
Sec. 1021. Recreation lakes.
Sec. 1022. Bisti/De-Na-Zin Wilderness expansion and fossil
forest protection.
Sec. 1023. Opal Creek Wilderness and Scenic Recreation Area.
Sec. 1024. Upper Klamath Basin ecological restoration
projects.
Sec. 1025. Deschutes Basin ecosystem restoration projects.
Sec. 1026. Bull Run protection.
Sec. 1027. Oregon Islands Wilderness, additions.
Sec. 1028. Umpqua River land exchange study: policy and
direction.
Sec. 1029. Boston Harbor Islands Recreation Area.
Sec. 1030. Natchez National Historical Park.
Sec. 1031. Substitution of timber for canceled timber sale.
Sec. 1032. Rural electric and telephone facilities.
Sec. 1033. Federal borough recognition.
Sec. 1034. Extension of statute of limitations.
Sec. 1035. Regulation of fishing in certain waters of Alaska.
Sec. 1036. Credit for reconveyance.
Sec. 1037. Radio site report.
TITLE XI--CALIFORNIA BAY DELTA ENVIRONMENTAL ENHANCEMENT
Sec. 1101. Program funding.
DIVISION II
TITLE I--NATIONAL COAL HERITAGE AREA
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Establishment.
Sec. 104. Contractual agreement.
Sec. 105. Eligible resources.
Sec. 106. Coal heritage management plan.
Sec. 107. Sunset.
Sec. 108. Authorization of appropriations.
TITLE II--TENNESSEE CIVIL WAR HERITAGE AREA
Sec. 201. Findings and purposes.
Sec. 202. Definitions.
Sec. 203. Tennessee Civil War Heritage Area.
Sec. 204. Compact.
Sec. 205. Management.
Sec. 206. Duties and authorities of Secretary.
Sec. 207. Savings provisions.
Sec. 208. Sunset.
Sec. 209. Authorization of appropriations.
TITLE III--AUGUSTA CANAL NATIONAL HERITAGE AREA
Sec. 301. Findings.
Sec. 302. Purpose.
Sec. 303. Designation of Augusta Canal National Heritage
Area.
Sec. 304. Management.
Sec. 305. Management plan.
Sec. 306. Grants and technical assistance.
Sec. 307. Acquisition of real property.
Sec. 308. Occupational, safety, conservation, and
environmental regulation.
Sec. 309. Land use regulation.
Sec. 310. Sunset.
Sec. 311. Authorization of appropriations.
TITLE IV--STEEL INDUSTRY HERITAGE PROJECT
Sec. 401. Short title.
Sec. 402. Findings and purpose.
Sec. 403. Steel Industry American Heritage Area.
Sec. 404. Compact.
Sec. 405. Management plan.
Sec. 406. Authorities and duties of management entity.
Sec. 407. Duties and authorities of Federal agencies.
Sec. 408. Sunset.
Sec. 409. Authorization of appropriations.
TITLE V--ESSEX NATIONAL HERITAGE AREA
Sec. 501. Findings and purpose.
Sec. 502. Definitions.
Sec. 503. Designation of National Heritage Area.
Sec. 504. Management entity.
Sec. 505. Duties of the Secretary.
Sec. 506. Private property.
Sec. 507. Sunset.
Sec. 508. Authorization of appropriations.
TITLE VI--SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR
Sec. 601. Short title.
Sec. 602. Findings and purpose.
Sec. 603. Definitions.
Sec. 604. South Carolina National Heritage Corridor.
Sec. 605. Management entity.
Sec. 606. Duties of the Secretary.
Sec. 607. Sunset.
Sec. 608. Authorization of appropriations.
TITLE VII--AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP
Sec. 701. Findings and purposes.
Sec. 702. Definitions.
Sec. 703. Establishment of the America's Agricultural
Heritage Partnership.
Sec. 704. Establishment of the America's Agricutural Heritage
Partnership management entity.
Sec. 705. Partnership management plan.
Sec. 706. Land use regulation and private property
protection.
Sec. 707. Sunset.
Sec. 708. Authorization of appropriations.
TITLE VIII--OHIO & ERIE CANAL NATIONAL HERITAGE
CORRIDOR
Sec. 801. Short title.
Sec. 802. Findings and purpose.
Sec. 803. Definitions.
Sec. 804. Ohio & Erie Canal National Heritage Corridor.
Sec. 805. The Ohio & Erie National Canal Heritage
Corridor Committee.
Sec. 806. Powers and duties of the National Heritage Corridor
Committee.
Sec. 807. Management entity.
Sec. 808. Duties of the management entity.
Sec. 809. Duties and authorities of Federal agencies.
Sec. 810. Lack of effect on land use regulation and private
property.
Sec. 811. Sunset.
Sec. 812. Authorization of appropriations.
TITLE IX--HUDSON RIVER VALLEY NATIONAL HERITAGE AREA
Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Purposes.
Sec. 904. Hudson River Valley American Heritage Area.
Sec. 905. Compact.
Sec. 906. Management plan.
Sec. 907. Authorities and duties of management entities.
Sec. 908. Duties and authorities of Federal agencies.
Sec. 909. Authorization of appropriations.
Sec. 910. Sunset.
TITLES OF INTEREST TO THE FOREST SERVICE
H.R. 4236 OMNIBUS PUBLIC LANDS BILL
SECTION TITLE
208 Walnut Canyon National Monument Boundary
Modification (Coconino National Forest) - HR562 (Hayworth
R-AZ), S231 - This legislation would add 1,239 acres of
National Forest System lands to Walnut Canyon National
Monument.
209 Butte County, California Land Conveyance
(Plumas National Forest) - Doolittle (R-CA) and Herger (R-CA)
- This title would authorize and direct conveyance of 30
acres of Federal land to 16 claimants to resolve boundary
issues.
210 Taos Pueblo Land Transfer (Carson National
Forest) - HR101 (Richardson D-NM) - The bill would transfer
764 acres of land within the Wheeler Peak Wilderness of the
Carson National Forest to the Department of Interior to be
held in trust for the Pueblo of Taos.
212 Cuprum, Idaho Relief (Payette National Forest)
- S1196 (Craig R-ID) - This bill would transfer 7 acres from
the Payette National Forest to Cuprum Townsite.
214 Modoc National Forest Boundary Expansion Act -
HR1585 (Herger R-CA) - The bill facilitates the completion of
an equal value land exchange with the Bank of California.
215 Conveyance to City of Sumpter, Oregon - HR1581
(Cooley R-OR) - This bill would convey 1.43 acres to the City
of Sumpter, Oregon. Most of the parcel was donated to the
Forest Service by the City of Sumpter in 1949; the area is
currently under a free special use permit as a city park to
the City of Sumpter.
217 Alpine School District (Apache-Sitgreaves
National Forest) - HR3547 (Hayworth R-AZ) - This bill would
convey 40 acres of NF lands to Alpine School District.
221 Conveyance to Del Norte County Unified School
District (Six Rivers) - HR2709 (Riggs R-CA) - This bill
would convey 3.78 acres in the Six Rivers National Forest to
Del Norte County School District.
301 Targhee National Forest Land Exchange - HR529
(Crapo R-ID) - This bill would authorize the exchange of
National Forest System lands currently occupied by the North
Fork Recreation residence tract on the Targhee National
Forest for a 95 acre parcel of private land within the
National Forest.
304 Snowbasin Land Exchange Act (Wasatch-Cache
National Forest) - S1371 (Sen. Hatch R-UT), HR2402, HR2824,
HR3907 (Hansen R-UT) - These bills would direct an exchange
of 1,320 acres of federally owned land for private lands of
approximately equal value owned by the Sun Valley Company in
the State of Utah. The legislation would direct that the
exchange be made without delay to facilitate construction of
ski facilities in time for the 2002 Olympic Winter Games.
305 Arkansas and Oklahoma Land Exchange (Ouachita
National Forest) - S1025 (Sen. Bumpers D-AR) - The bill
directs an exchange of lands, mineral interests, and oil and
gas interests with Weyerhauser Company.
306 Big Thicket National Preserve Land Exchange (Texas)-
HR 826 (Wilson D-TX) - The bill extends the time frame for a
land exchange among several agencies and a private landowner.
307 Lost Creek Land Exchange (Beaverhead-Deerlodge
National Forest) (S. 103 Baucus, D-MT and S. 1571 Burns,
R-MT) - This bill would direct a land exchange in Montana
involving the Brand S Corporation and the Forest Service to
resolve checkerboard ownership.
308 Cleveland National Forest Land Exchange - HR207
- (Cox, R-CA) - This bill would direct conveyance of 43 acres
of National Forest land in the Cleveland National Forest to
the Orange County Council of the Boy Scouts of America.
401 Rio Puerco Watershed (Cibola and Santa Fe
National Forests) - This bill would direct a study and
management plan be completed for the Rio Puerco watershed in
New Mexico.
402 Old Spanish Trail - Two bills introduced: S
587, Campbell, R-CO and H.R. 2728, Hefley, R-CO) - These
bills would amend the National Trails System Act to study the
Old Spanish Trail, which begins in Santa Fe, New Mexico and
ends in Los Angeles and Northern Branch of the Old Spanish
Trail for potential inclusion in the National Trails System.
403 Great Western Scenic Trail - HR531 (Rep. Hansen
R-UT) - This bill would direct a study for establishment of
the Great Western Scenic Trail, which begins at the
Arizona-Mexico boarder and extends north to the
Idaho-Montana-Canada border.
407 Technical Amendment to the Wild and Scenic Rivers
Act - This technical amendment numbers paragraphs
referring to Wild and Scenic Rivers and Study Rivers.
408 Protection of North St. Vrain Creek, Colorado -
This title seeks to protect North St. Vrain Creek by
prohibiting any impoundment on a section of the creek, and by
directing land exchanges with the City of Longmont Colorado.
701 Ski Area Permit Rental Charge - S907
(Murkowski, R-AK) & HR1527 (Young, R-AK) - This provision
would change the way rental charges are calculated for all
ski area permits on National Forests.
806 Carl Garner Federal Lands Cleanup Day - The
bill changes the name of the Federal Lands Cleanup Day to the
Carl Garner Federal Lands Cleanup Day as recognition of one
of the founders of the cleanup effort.
812 Prohibition on Certain Transfers of National Forest
Lands (Angeles National Forest - Elsmere Canyon) - S939
(Boxer D-CA) & HR 924 (McKeon R-CA) - The bill would
prohibit any land transfers from the Angeles National Forest
from being used as a sanitary landfill.
1021Recreation Lakes - S1844 (Murkowski, R-AK) -
This bill establishes an advisory commission to complete a
study of water related recreation opportunities on federally
managed artificially created lakes and reservoirs. In
addition, the commission would develop alternatives to
enhance these recreation opportunities.
1023 Opal Creek Wilderness and Scenic Recreation Area (Willamette
National Forest) - S1662 (Hatfield, R-OR) - This title establishes the
Opal Creek Wilderness, adding approximately 13,212 acres of the Willamette
National Forest to the National Wilderness Preservation System. It also
establishes the Opal Creek Scenic Recreation Area (13,013 acres). These
designations do not take effect until certain lands and interests are
donated to the United States. This title also designates parts of Elkhorn
Creek as a component of the National Wild and Scenic River System.
1026Bull Run Watershed Protection - S1662
(Hatfield, R-OR) - This title places additional restrictions
on cutting trees within the hydrologic boundary of the Bull
Run River Drainage. It calls for a study of the Little Sandy
Watershed in the Bull Run Management Unit in order to
determine the impact of activities on the quality of drinking
water provided to the Portland Metropolitan area.
1028Umpqua River Land Exchange Study: Policy and
Direction - Sen. Hatfield (R-OR). This title is a study
and report of land exchange opportunities in the Umpqua River
Basin.
1036Credit for Reconveyance (Tongass National
Forest) - This title would authorize the Cape Fox Native
Corporation in Alaska to up to 320 acres of the Beaver Falls
Hydroelectric Project to the United States as part of an
equal value exchange.
1037Radio Site Report (San Bernardino National
Forest - Inspiration Point) - (Bono R-CA) - This title would
direct the Secretary of Agriculture to review the management
of a radio site to determine if an FM antenna on site is in
the public interest and to report the findings to the
appropriate House and Senate Committees.
SEC. 1023. OPAL CREEK
WILDERNESS AND SCENIC RECREATION AREA.
(a) DEFINITIONS.--In this section:
(1) BULL OF THE WOODS WILDERNESS.--The term "Bull of
the
Woods Wilderness" means the land designated as
wilderness by section 3(4) of the Oregon Wilderness Act of
1984 (Public Law 98- 328; 16 U.S.C. 1132 note).
(2) OPAL CREEK WILDERNESS.--The term "Opal Creek
Wilderness" means certain land in the Willamette
National Forest in the State of Oregon comprising
approximately 12,800 acres, as generally depicted on the map
entitled "Proposed Opal Creek Wilderness and Scenic
Recreation Area", dated July 1996.
(3) SCENIC RECREATION AREA.--The term "Scenic
Recreation Area" means the Opal Creek Scenic Recreation
Area, comprising approximately 13,000 acres, as generally
depicted on the map entitled "Proposed Opal Creek
Wilderness and Scenic Recreation Area", dated July 1996
and established under subsection (c)(1)(C).
(4) SECRETARY.--The term "Secretary" means the
Secretary of Agriculture.
(b) PURPOSES.--The purposes of this section are--
(1) to establish a wilderness and scenic recreation area
to protect and provide for the enhancement of the natural,
scenic, recreational, historic and cultural resources of the
area in the vicinity of Opal Creek;
(2) to protect and support the economy of the communities
of the Santiam Canyon; and
(3) to provide increased protection for an important
drinking water source for communities served by the North
Santiam River.
(c) ESTABLISHMENT OF OPAL CREEK WILDERNESS AND SCENIC
RECREATION AREA.--
(1) ESTABLISHMENT.--On a determination by the Secretary
under paragraph (2)--
(A) the Opal Creek Wilderness, as depicted on the map
described in subsection (a)(2), is hereby designated as
wilderness, subject to the provisions of the Wilderness
Act of 1964, shall become a component of the National
Wilderness System, and shall be known as the Opal Creek
Wilderness;
(B) the part of the Bull of the Woods Wilderness that
is located in the Willamette National Forest shall be
incorporated into the Opal Creek Wilderness; and
(C) the Secretary shall establish the Opal Creek
Scenic Recreation Area in the Willamette National Forest
in the State of Oregon, comprising approximately 13,000
acres, as generally depicted on the map described in
subsection (a)(3).
(2) CONDITIONS.--The designations in paragraph (1) shall
not take effect unless the Secretary makes a determination,
not later than 2 years after the date of enactment of this
title, that the following conditions have been met:
(A) the following have been donated to the United
States in an acceptable condition and without
encumbrances:
(i) all right, title, and interest in the
following patented parcels of land--
(I) Santiam Number 1, mineral survey number
992, as described in patent number 39-92-0002,
dated December 11, 1991;
(II) Ruth Quartz Mine Number 2, mineral survey
number 994, as described in patent number
39-91-0012, dated February 12, 1991;
(III) Morning Star Lode, mineral survey number
993, as described in patent number 36-91-0011,
dated February 12, 1991;
(ii) all right, title, and interest held by any
entity other than the Times Mirror Land and Timber
Company, its successors and assigns, in and to lands
located in section 18, township 8 south, range 5
east, Marion County, Oregon, Eureka numbers 6, 7, 8,
and 13 mining claims; and
(iii) an easement across the Hewitt, Starvation,
and Poor Boy Mill Sites, mineral survey number 990,
as described in patent number 36-91-0017, dated May
9, 1991. In the sole discretion of the Secretary,
such easement may be limited to administrative use if
an alternative access route, adequate and appropriate
for public use, is provided.
(B) a binding agreement has been executed by the
Secretary and the owners of record as of March 29, 1996,
of the following interests, specifying the terms and
conditions for the disposition of such interests to the
United States Government--
(i) The lode mining claims known as Princess Lode,
Black Prince Lode, and King Number 4 Lode, embracing
portions of sections 29 and 32, township 8 south,
range 5 east, Willamette Meridian, Marion County,
Oregon, the claims being more particularly described
in the field notes and depicted on the plat of
mineral survey number 887, Oregon; and
(ii) Ruth Quartz Mine Number 1, mineral survey
number 994, as described in patent number 39-91-0012,
dated February 12, 1991.
(3) ADDITIONS TO THE WILDERNESS AND SCENIC RECREATION
AREAS.--
(A) Lands or interests in lands conveyed to the United
States under this subsection shall be included in and
become part of, as appropriate, Opal Creek Wilderness or
the Opal Creek Scenic Recreation Area.
(B) On acquiring all or substantially all of the land
located in section 36, township 8 south, range 4 east, of
the Willamette Meridian, Marion County, Oregon, commonly
known as the Rosboro section by exchange, purchase from a
willing seller, or by donation, the Secretary shall
expand the boundary of the Scenic Recreation Area to
include such land.
(C) On acquiring all or substantially all of the land
located in section 18, township 8 south, range 5 east,
Marion County, Oregon, commonly known as the Time Mirror
property, by exchange, purchase from a willing seller, or
by donation, such land shall be included in and become a
part of the Opal Creek Wilderness.
(d) ADMINISTRATION OF THE SCENIC RECREATION AREA.--
(1) IN GENERAL.--The Secretary shall administer the Scenic
Recreation Area in accordance with this section and the laws
(including regulations) applicable to the National Forest
System.
(2) OPAL CREEK MANAGEMENT PLAN.--
(A) IN GENERAL.--Not later than 2 years after the date
of establishment of the Scenic Recreation Area, the
Secretary, in consultation with the advisory committee
established under subsection (e)(1), shall prepare a
comprehensive Opal Creek Management Plan (Management
Plan) for the Scenic Recreation Area.
(B) INCORPORATION IN LAND AND RESOURCE MANAGEMENT.--
Upon its completion, the Opal Creek Management Plan shall
become part of the land and resource management plan for
the Willamette National Forest and supersede any
conflicting provision in such land and resource
management plan. Nothing in this paragraph shall be
construed to supersede the requirements of the Endangered
Species Act or the National Forest Management Act or
regulations promulgated under those Acts, or any other
law.
(C) REQUIREMENTS.--The Opal Creek Management Plan
shall provide for a broad range of land uses, including--
(i) recreation;
(ii) harvesting of nontraditional forest products,
such as gathering mushrooms and material to make
baskets; and
(iii) educational and research opportunities.
(D) PLAN AMENDMENTS.--The Secretary may amend the Opal
Creek Management Plan as the Secretary may determine to
be necessary, consistent with the procedures and purposes
of this section.
(3) CULTURAL AND HISTORIC RESOURCE INVENTORY.--
(A) IN GENERAL.--Not later than 1 year after the date
of establishment of the Scenic Recreation Area, the
Secretary shall review and revise the inventory of the
cultural and historic resources on the public land in the
Scenic Recreation Area developed pursuant to the Oregon
Wilderness Act of 1984 (Public Law 98-328; 16 U.S.C.
1132).
(B) INTERPRETATION.--Interpretive activities shall be
developed under the management plan in consultation with
State and local historic preservation organizations and
shall include a balanced and factual interpretation of
the cultural, ecological, and industrial history of
forestry and mining in the Scenic Recreation Area.
(4) TRANSPORTATION PLANNING.--
(A) IN GENERAL.--Except as provided in this
subparagraph, motorized vehicles shall not be permitted
in the Scenic Recreation Area. To maintain reasonable
motorized and other access to recreation sites and
facilities in existence on the date of enactment of this
title, the Secretary shall prepare a transportation plan
for the Scenic Recreation Area that--
(i) evaluates the road network within the Scenic
Recreation Area to determine which roads should be
retained and which roads should be closed;
(ii) provides guidelines for transportation and
access consistent with this section;
(iii) considers the access needs of persons with
disabilities in preparing the transportation plan for
the Scenic Recreation Area;
(iv) allows forest road 2209 beyond the gate to
the Scenic Recreation Area, as depicted on the map
described in subsection (a)(2), to be used by
motorized vehicles only for administrative purposes
and for access by private inholders, subject to such
terms and conditions as the Secretary may determine
to be necessary; and
(v) restricts construction or improvement of
forest road 2209 beyond the gate to the Scenic
Recreation Area to maintaining the character of the
road as it existed upon the date of enactment of this
Act, which shall not include paving or widening. In
order to comply with subsection (f)(2), the Secretary
may make improvements to forest road 2209 and its
bridge structures consistent with the character of
the road as it existed on the date of enactment of
this Act.
(5) HUNTING AND FISHING.--
(A) IN GENERAL.--Subject to applicable Federal and
State law, the Secretary shall permit hunting and fishing
in the Scenic Recreation Area.
(B) LIMITATION.--The Secretary may designate zones in
which, and establish periods when, no hunting or fishing
shall be permitted for reasons of public safety,
administration, or public use and enjoyment of the Scenic
Recreation Area.
(C) CONSULTATION.--Except during an emergency, as
determined by the Secretary, the Secretary shall consult
with the Oregon State Department of Fish and Wildlife
before issuing any regulation under this subsection.
(6) TIMBER CUTTING.--
(A) IN GENERAL.--Subject to subparagraph (B), the
Secretary shall prohibit the cutting and/or selling of
trees in the Scenic Reservation Area.
(B) PERMITTED CUTTING.--
(i) IN GENERAL.--Subject to clause (ii), the
Secretary may allow the cutting of trees in the
Scenic Recreation Area only--
(I) for public safety, such as to control the
continued spread of a forest fire in the Scenic
Recreation Area or on land adjacent to the Scenic
Recreation Area;
(II) for activities related to administration
of the Scenic Recreation Area, consistent with
the Opal Creek Management Plan; or
(III) for removal of hazard trees along trails
and roadways.
(ii) SALVAGE SALES.--The Secretary may not allow a
salvage sale in the Scenic Recreation Area.
(7) WITHDRAWAL.--
(A) subject to valid existing rights, all lands in the
Scenic Recreation Area are withdrawn from--
(i) any form of entry, appropriation, or disposal
under the public lands laws;
(ii) location, entry, and patent under the mining
laws; and
(iii) disposition under the mineral and geothermal
leasing laws.
(8) BORNITE PROJECT.--
(A) Nothing in this section shall be construed to
interfere with or approve any exploration, mining, or
mining- related activity in the Bornite Project Area,
depicted on the map described in subsection (a)(3),
conducted in accordance with applicable laws.
(B) Nothing in this section shall be construed to
interfere with the ability of the Secretary to approve
and issue, or deny, special use permits in connection
with exploration, mining, and mining-related activities
in the Bornite Project Area.
(C) Motorized vehicles, roads, structures, and
utilities (including but not limited to power lines and
water lines) may be allowed inside the Scenic Recreation
Area to serve the activities conducted on land within the
Bornite Project.
(D) After the date of enactment of this Act, no patent
shall be issued for any mining claim under the general
mining laws located within the Bornite Project Area. (9)
WATER IMPOUNDMENTS.--Notwithstanding the Federal Power
Act (16 U.S.C. 791a et seq.), the Federal Energy
Regulatory Commission may not license the construction of
any dam, water conduit, reservoir, powerhouse,
transmission line, or other project work in the Scenic
Recreation Area, except as may be necessary to comply
with the provisions of paragraph (8) with regard to the
Bornite Project.
(10) RECREATIONS.--
(A) RECOGNITION.--Congress recognizes recreation as an
appropriate use of the Scenic Recreation Area.
(B) MINIMUM LEVELS.--The management plan shall permit
recreation activities at not less than the levels in
existence on the date of enactment of this Act.
(C) HIGHER LEVELS.--The management plan may provide
for levels of recreation use higher than the levels in
existence on the date of enactment of this Act if such
uses are consistent with the protection of the resource
values of the Scenic Recreation Area.
(D) The management plan may include public trail
access through section 28, township 8 south, range 5
east, Willamette Meridian, to Battle Ax Creek, Opal Pool
and other areas in the Opal Creek Wilderness and the Opal
Creek Scenic Recreation Area.
(11) PARTICIPATION.--So that the knowledge, expertise, and
views of all agencies and groups may contribute affirmatively
to the most sensitive present and future use of the Scenic
Recreation Area and its various subareas for the benefit of
the public:
(A) ADVISORY COUNCIL.--The Secretary shall consult on
a periodic and regular basis with the advisory council
established under subsection (e) with respect to matters
relating to management of the Scenic Recreation Area.
(B) PUBLIC PARTICIPATION.--The Secretary shall seek
the views of private groups, individuals, and the public
concerning the Scenic Recreation Area.
(C) OTHER AGENCIES.--The Secretary shall seek the
views and assistance of, and cooperate with, any other
Federal, State, or local agency with any responsibility
for the zoning, planning, or natural resources of the
Scenic Recreation Area.
(D) NONPROFIT AGENCIES AND ORGANIZATIONS.--The
Secretary shall seek the views of any nonprofit agency or
organization that may contribute information or expertise
about the resources and the management of the Scenic
Recreation Area.
(e) ADVISORY COUNCIL.--
(1) ESTABLISHMENT.--Not later than 90 days after the
establishment of the Scenic Recreation Area, the Secretary
shall establish an advisory council for the Scenic Recreation
Area.
(2) MEMBERSHIP.--The advisory council shall consist of not
more than 13 members, of whom--
(A) 1 member shall represent Marion County, Oregon,
and shall be designated by the governing body of the
county;
(B) 1 member shall represent the State of Oregon and
shall be designated by the Governor of Oregon;
(C) 1 member shall represent the City of Salem, and
shall be designated by the mayor of Salem, Oregon;
(D) 1 member from a city within a 25-mile radius of
the Opal Creek Scenic Recreation Area, to be designated
by the Governor of the State of Oregon from a list of
candidates provided by the mayors of the cities located
within a 25- mile radius of the Opal Creek Scenic
Recreation Area; and
(E) not more than 9 members shall be appointed by the
Secretary from among persons who, individually or through
association with a national or local organization, have
an interest in the administration of the Scenic
Recreation Area, including, but not limited to,
representatives of the timber industry, environmental
organizations, the mining industry, inholders in the Opal
Creek Wilderness and Scenic Recreation Area, economic
development interests and Indian tribes.
(3) STAGGERED TERMS.--Members of the advisory council
shall serve for staggered terms of 3 years.
(4) CHAIRMAN.--The Secretary shall designate 1 member of
the advisory council as chairman.
(5) VACANCIES.--The Secretary shall fill a vacancy on the
advisory council in the same manner as the original
appointment.
(6) COMPENSATION.--Members of the advisory council shall
receive no compensation for their service on the advisory
council.
(f) GENERAL PROVISIONS.--
(1) LAND ACQUISITION.--
(A) IN GENERAL.--Subject to the other provisions of
this section, the Secretary may acquire any lands or
interests in land in the Scenic Recreation Area or the
Opal Creek Wilderness that the Secretary determines are
needed to carry out this section.
(B) PUBLIC LAND.--Any lands or interests in land owned
by a State or a political subdivision of a State may be
acquired only by donation or exchange.
(C) CONDEMNATION.--Within the boundaries of the Opal
Creek Wilderness or the Scenic Recreation Area, the
Secretary may not acquire any privately owned land or
interest in land without the consent of the owner unless
the Secretary finds that--
(i) the nature of land use has changed
significantly, or the landowner has demonstrated
intent to change the land use significantly, from the
use that existed on the date of the enactment of this
Act; and
(ii) acquisition by the Secretary of the land or
interest in land is essential to ensure use of the
land or interest in land in accordance with the
purposes of this title or the management plan
prepared under subsection (d)(2).
(D) Nothing in this section shall be construed to
enhance or diminish the condemnation authority available
to the Secretary outside the boundaries of the Opal Creek
Wilderness or the Scenic Recreation Area.
(2) ENVIRONMENTAL RESPONSE ACTIONS AND COST RECOVERY.--
(A) RESPONSE ACTIONS.--Nothing in this section shall
limit the authority of the Secretary or a responsible
party to conduct an environmental response action in the
Scenic Recreation Area in connection with the release,
threatened release, or cleanup of a hazardous substance,
pollutant, or contaminant, including a response action
conducted under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(B) LIABILITY.--Nothing in this section shall limit
the authority of the Secretary or a responsible party to
recover costs related to the release, threatened release,
or cleanup of any hazardous substance or pollutant or
contaminant in the Scenic Recreation Area.
(3) MAPS AND DESCRIPTION.--
(A) IN GENERAL.--As soon as practicable after the date
of enactment of this Act, the Secretary shall file a map
and a boundary description for the Opal Creek Wilderness
and for the Scenic Recreation Area with the Committee on
Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(B) FORCE AND EFFECT.--The boundary description and
map shall have the same force and effect as if the
description and map were included in this section, except
that the Secretary may correct clerical and typographical
errors in the boundary description and map.
(C) AVAILABILITY.--The map and boundary description
shall be on file and available for public inspection in
the Office of the Chief of the Forest Service, Department
of Agriculture.
(4) SAVINGS PROVISION.--Nothing in this section shall
interfere with activity for which a special use permit has
been issued, has not been revoked, and has not expired,
before the date of enactment of this Act, subject to the
terms of the permit.
(g) ROSBORO LAND EXCHANGE.--
(1) AUTHORIZATION.--Notwithstanding any other law, if the
Rosboro Lumber Company (referred to in this subsection as
"Rosboro") offers and conveys marketable title to
the United States to the land described in paragraph (2), the
Secretary of Agriculture shall convey all right, title and
interest held by the United States to sufficient lands
described in paragraph (3) to Rosboro, in the order in which
they appear in this subsection, as necessary to satisfy the
equal value requirements of paragraph (4).
(2) LAND TO BE OFFERED BY ROSBORO.--The land referred to
in paragraph (1) as the land to be offered by Rosboro shall
comprise Section 36, Township 8 South, Range 4 East,
Willamette Meridian.
(3) LAND TO BE CONVEYED BY THE UNITED STATES.--The land
referred to in paragraph (1) as the land to be conveyed by
the United States shall comprise sufficient land from the
following prioritized list to be equal value under paragraph
(4):
(A) Section 5, Township 17 South, Range 4 East, Lot 7
(37.63 acres);
(B) Section 2, Township 17 South, Range 4 East, Lot 3
(29.28 acres);
(C) Section 13, Township 17 South, Range 4 East, S 1/2
SE 1/4 (80 acres);
(D) Section 2, Township 17 South, Range 4 East, SW 1/4
SW 1/4 (40 acres);
(E) Section 2, Township 17 South, Range 4 East, NW 1/4
SE 1/4 (40 acres);
(F) Section 8, Township 17 South, Range 4 East, SE 1/4
SW 1/4 (40 acres);
(G) Section 11, Township 17 South, Range 4 East, W 1/2
NW 1/4 (80 acres);
(4) EQUAL VALUE.--The land and interests in land exchanged
under this subsection shall be of equal market value as
determined by nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Standards
for Federal Land Acquisition, the Uniform Standards of
Professional Appraisal Practice, or shall be equalized by way
of payment of cash pursuant to the provisions of section
206(d) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)), and other applicable law. The appraisal
shall consider access costs for the parcels involved.
(5) TIMETABLE.--
(A) The exchange directed by this subsection shall be
consummated not later than 120 days after the date
Rosboro offers and conveys the property described in
paragraph (2) to the United States.
(B) The authority provided by this subsection shall
lapse of Rosboro fails to offer the land described in
paragraph (2) within 2 years after the date of enactment
of this Act.
(6) CHALLENGE.--Rosboro shall have the right to challenge
in the United States District Court for the District of
Oregon a determination of marketability under paragraph (1)
and a determination of value for the lands described in
paragraphs (2) and (3) by the Secretary of Agriculture. The
court shall have the authority to order the Secretary to
complete the transaction contemplated in this subsection.
(7) AUTHORIZATION OF APPROPRIATIONS.--There are authorized
to be appropriated such sums as are necessary to carry out
this subsection.
(h) DESIGNATION OF ELKHORN CREEK AS A WILD AND SCENIC RIVER.--
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
"()(A) ELKHORN CREEK.--The 6.4-mile segment
traversing federally administered lands from that point
along the Willamette National Forest boundary on the
common section line between Sections 12 and 13, Township
9 South, Range 4 East, Willamette Meridian, to that point
where the segment leaves Federal ownership along the
Bureau of Land Management boundary in Section 1, Township
9 South, Range 3 East, Willamette Meridian, in the
following classes:
"(i) a 5.8-mile wild river area, extending
from that point along the Willamette National Forest
boundary on the common section line between Sections
12 and 13, Township 9 South, Range 4 East, Willamette
Meridian, to its confluence with Buck Creek in
Section 1, Township 9 South, Range 3 East, Willamette
Meridian, to be administered as agreed on by the
Secretaries of Agriculture and the Interior, or as
directed by the President; and
"(ii) a 0.6-mile scenic river area, extending
from the confluence with Buck Creek in Section 1,
Township 9 South, Range 3 East, Willamette Meridian,
to that point where the segment leaves Federal
ownership along the Bureau of Land Management
boundary in Section 1, Township 9 South, Range 3
East, Willamette Meridian, to be administered by the
Secretary of Interior, or as directed by the
President.
"(B) Notwithstanding section 3(b) of this Act,
the lateral boundaries of both the wild river area and
the scenic river area along Elkhorn Creek shall include
an average of not more than 640 acres per mile measured
from the ordinary high water mark on both sides of the
river.".
(i) ECONOMIC DEVELOPMENT.--
(1) ECONOMIC DEVELOPMENT PLAN.--As a condition for
receiving funding under paragraph (2), the State of Oregon,
in consultation with Marion County, Oregon, and the Secretary
of Agriculture, shall develop a plan for economic development
projects for which grants under this subsection may be used
in a manner consistent with this section and to benefit local
communities in the vicinity of the Opal Creek area. Such plan
shall be based on an economic opportunity study and other
appropriate information.
(2) FUNDS PROVIDED TO THE STATES FOR GRANTS.--Upon
completion of the Opal Creek Management Plan, and receipt of
the plan referred to in paragraph (1), the Secretary shall
provide, subject to appropriations, $15,000,000 to the State
of Oregon. Such funds shall be used to make grants or loans
for economic development projects that further the purposes
of this section and benefit the local communities in the
vicinity of the Opal Creek area.
(3) REPORT.--The State of Oregon shall--
(A) prepare and provide the Secretary and Congress
with an annual report on the use of the funds made
available under this subsection;
(B) make available to the Secretary and to Congress,
upon request, all accounts, financial records, and other
information related to grants and loans made available
pursuant to this subsection; and
(C) as loans are repaid, make additional grants and
loans with the money made available for obligation by
such repayments.
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