[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3083 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 3083
To establish the Opal Creek Forest Preserve in the Detroit Ranger
District of the Willamette National Forest in the State of Oregon.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 1993
Mr. Kopetski introduced the following bill; which was referred jointly
to the Committees on Natural Resources and Agriculture
_______________________________________________________________________
A BILL
To establish the Opal Creek Forest Preserve in the Detroit Ranger
District of the Willamette National Forest in the State of Oregon.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opal Creek Forest Preserve Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Old-growth forests are unique ecosystems that serve as
critical wildlife habitat for hundreds of vertebrate and
invertebrate animals, plants, and fungi.
(2) Old-growth forests provide clean and plentiful water
and support streams and rivers where wild runs of anadromous
and resident cold water fish are wholly dependent on high
quantity and quality water for migration, spawning, rearing,
and cover that can only be maintained by protecting the
watersheds of these steams and rivers.
(3) Old-growth forests provide unique and outstanding
opportunities for educational study, scientific research, and
recreation.
(4) The establishment of a forest preserve to protect areas
of old-growth forests can contribute significantly to the
quality of life for the residents of the State of Oregon
through recreation, education, and a protected water supply.
(5) The area containing what is known as the Opal Creek
forest is one of the largest remaining intact low-elevation
old-growth forest ecosystems in the Western Oregon Cascades
with trees up to 1,000 years of age.
(6) The Opal Creek forest area contains outstanding
geological and botanical features and is significant to the
aboriginal and early mining history of Oregon.
(7) The Opal Creek forest area provides recreational
opportunities for over 12,000 visitors annually and such
recreational use is increasing at a rate of over 50 percent a
year.
(8) The Opal Creek forest area, which includes 4 lakes, 45
miles of free-flowing streams, and over 50 waterfalls,
continues to be threatened by additional logging, an activity
which will cause irreparable harm to the outstanding
ecological, scientific, educational, and recreational values of
the area.
(9) Preservation of the Opal Creek forest area provides
outstanding opportunities for scientists to conduct
nondestructive old-growth forest research and for educators to
provide scientifically credible information to the public.
SEC. 3. OPAL CREEK FOREST PRESERVE.
(a) Establishment of Preserve.--There is hereby established the
Opal Creek Forest Preserve (in this Act referred to as the
``Preserve'') for the purpose developing and maintaining the research,
educational, and recreational values of the Preserve.
(b) Description of Preserve.--The Preserve shall consist of those
Federal lands located in the Detroit Ranger District of the Willamette
National Forest in the State of Oregon that are generally depicted on
the map dated June 18, 1992, and entitled the ``Opal Creek Preserve
Area''. The Preserve shall also include such additions to the Preserve
as may be added under section 5.
SEC. 4. MANAGEMENT OF THE PRESERVE.
(a) Development of Cooperative Management Plan.--The Secretary of
Agriculture shall develop, in consultation with the nonprofit
organization known as the Friends of Opal Creek (or its successors in
interest), a cooperative management plan for the Preserve to address
suitable research, recreational, and educational uses for each drainage
and subdrainage within the Preserve. Development of the management plan
shall be consistent with the standards and guidelines specified in
subsections (b) and (c).
(b) Standards.--The standards by which the Secretary of Agriculture
shall manage the Preserve are as follows:
(1) Timber harvesting.--The Secretary shall prohibit timber
harvesting in the Preserve, except to the extent such
harvesting is determined by the Secretary to be necessary for
the subsistence use of dead and downed timber for firewood and
other purposes in research and educational facilities located
within the Preserve or is conducted pursuant to a special use
permit issued by the Secretary. The Secretary shall immediately
terminate further planning regarding the Cedar and Elkhorn
Creek timber sales.
(2) Nonmotorized recreation.--The Secretary shall permit
nonmotorized recreation in the area that does not conflict with
or adversely affect the old-growth forest ecosystem or research
or educational activities conducted in the Preserve.
(3) Road construction.--Except to the extent authorized
pursuant to paragraph (5), the Secretary shall prohibit the
construction of new roads in the area.
(4) Special use permits.--Special use permits regarding the
Preserve in existence on the date of the enactment of this Act
shall continue pursuant to the terms of the permits, except
that the Secretary--
(A) shall convert the applicable parts of the plan
of operation of the Shiny Rock Mining Company to
special use permits for use by the Friends of Opal
Creek (or its successors in interest);
(B) may issue special use permits after such date
to the Friends of Opal Creek (or its successors in
interest) for activities consistent with the management
plan developed under subsection (a); and
(C) may issue special use permits after such date
in connection with exploration, mining, and mining-
related activities in the Bornite Project Area, as
depicted on the map described in section 3(a).
(5) Roads, structures, and utilities.--Roads, structures,
and utilities (including power lines, telephone lines, and
water lines) shall be allowed inside the Preserve to serve
activities conducted on land outside the Preserve pursuant to
special use permits issued before the date of the enactment of
this Act or pursuant to the exceptions contained in paragraph
(4).
(c) Guidelines.--The guidelines by which the Secretary shall manage
the Preserve are as follows:
(1) Research.--The Secretary shall promote nondestructive
research in the Preserve regarding old-growth forests.
(2) Education.--The Secretary shall conduct educational
programs in the Preserve for the public regarding old-growth
forests.
(3) Preservation of historic assets.--The Secretary shall
preserve historic assets in the Preserve.
(d) Withdrawal.--Subject to valid existing rights, Federal lands in
the Preserve are withdrawn from disposition under the public land laws
and from location, entry, and patent under the mining laws of the
United States, from the operation of the mineral leasing laws of the
United States, and from operation of the Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.). The withdrawal provided by this subsection
shall also apply to any Federal lands added to the Preserve after the
date of the enactment of this Act, including lands in the Bornite
Project Area added to the Preserve pursuant to section 5(e), except
that the withdrawal shall apply to such lands only after they have been
added to the Preserve.
(e) Support for Private Inholdings.--The Secretary may support the
management by a nonprofit organization of a private inholding in the
special management area that is held by the organization if the
organization agrees to manage the inholding in compliance with the
standards and guidelines specified in this section.
SEC. 5. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND.
(a) Inventory of Non-Federal Lands.--The Secretary of Agriculture
shall conduct an inventory of non-Federal lands and interests in lands,
including severed mineral estates, situated within the Preserve.
(b) Land Consolidation Program.--Using the inventory required by
subsection (a), the Secretary of Agriculture shall pursue a land
consolidation program to acquire (through purchase or the exchange of
Federal lands or interests in lands under the jurisdiction of the
Secretary) lands and interests in lands identified in the inventory
that would be suitable for inclusion in the Preserve. In pursuing such
land consolidation program, the Secretary may not acquire lands or
interests in lands by condemnation proceedings for inclusion in the
Preserve.
(c) Purchase of Certain Parcels Required.--The Secretary shall
endeavor to purchase at fair market value (and not by condemnation
proceedings) the following parcels of real property for inclusion in
the Preserve:
(1) 60 acres on Stoney Ridge owned by the Friends of Opal
Creek (or its sucessors in interest) (Mineral Survey Number 887
Black Prince, Princess, and King #4 patented mining claims).
(2) 80 acres in Gold Creek owned by the Times Mirror
Corporation (Mineral Survey Number 905 Eureka #6, #7, #8, and
#13 patented mining claims).
(d) Report on Additional Acquisition.--The Secretary shall submit
an annual report on the status of the land consolidation program
required by subsection (b) to the Committee on Agriculture and the
Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources and
the Committee on Agriculture, Nutrition, and Forestry of the Senate. As
part of the first such report, the Secretary shall evaluate the
practicality of acquiring for the Preserve 640 acres in the Cedar Creek
area owned by the Rosboro Lumber Company.
(e) Addition of Bornite Project Area.--
(1) Addition under certain circumstances.--Lands that are
located within the Bornite Project Area and excluded from the
Preserve as depicted on the map described in section 3(b) shall
be added to the Preserve upon the occurrence of either of the
following events:
(A) The determination by the Director of the Bureau
of Land Management, including the conclusion of all
appeals, if any, resulting from the determination, that
the mining claims on the lands are no longer valid.
(B) The completion of all exploration, mining, and
reclamation activities, including the release of all
reclamation bonds, on the mining claims on the lands.
(2) Mining claims.--Mining claims on lands located in the
Bornite Project Area may be patented in accordance with
applicable Federal law for mining purposes only. Upon the
cessation of exploration, mining, and reclamation activities on
the lands as provided in paragraph (1)(B), the patented lands
shall be reconveyed to the Federal Government or, at the option
of the patentee, be conveyed to the Friends of Opal Creek (or
its successors in interest).
(f) Access to Inholdings.--The use of access roads to inholdings
within the Preserve that are in use as of the date of the enactment of
this Act shall be allowed to continue. These access roads may be
maintained in substantially the same condition as the roads were in on
such date, but shall not be enhanced or subject to materially
intensified use except to serve the Bornite Project Area in accordance
with special use permits issued under section 4(b)(4)(C).
SEC. 6. GRANDFATHER CLAUSE.
Nothing in this Act shall affect the operation of any timber sale
contract entered into, or interfere with any activity for which a
special use permit has been issued (and not revoked), before the date
of the enactment of this Act, subject to the terms of the contract or
permit. In addition, nothing in this Act shall interfere with any
activity for which a special use permit is issued under section 4(b)(4)
pursuant to an environmental assessment or final environmental impact
statement and record of decision issued before such date.
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