[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. <all>