U.S. Congress - Text of S.3213 as Placed on Calendar Senate Omnibus Public Land Management Act of 2008
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A bill to designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other purposes.
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S 3213 PCSCommentsClose CommentsPermalink
Calendar No. 855CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3213CommentsClose CommentsPermalink
To designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
June 26, 2008CommentsClose CommentsPermalink
Mr. BINGAMAN introduced the following bill; which was read the first timeCommentsClose CommentsPermalink
June 27, 2008CommentsClose CommentsPermalink
Read the second time and placed on the calendarCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Omnibus Public Land Management Act of 2008’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A--Wild Monongahela Wilderness
Sec. 101. Designation of wilderness, Monongahela National Forest, West Virginia.CommentsClose CommentsPermalink
Sec. 102. Boundary adjustment, Laurel Fork South Wilderness, Monongahela National Forest.CommentsClose CommentsPermalink
Sec. 103. Monongahela National Forest boundary confirmation.CommentsClose CommentsPermalink
Sec. 104. Enhanced Trail Opportunities.CommentsClose CommentsPermalink
Subtitle B--Virginia Ridge and Valley Wilderness
Sec. 111. Definitions.CommentsClose CommentsPermalink
Sec. 112. Designation of additional National Forest System land in Jefferson National Forest, Virginia, as wilderness or a wilderness study area.CommentsClose CommentsPermalink
Sec. 113. Designation of Kimberling Creek Potential Wilderness Area, Jefferson National Forest, Virginia.CommentsClose CommentsPermalink
Sec. 114. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia.CommentsClose CommentsPermalink
Sec. 115. Trail plan and development.CommentsClose CommentsPermalink
Sec. 116. Maps and boundary descriptions.CommentsClose CommentsPermalink
Sec. 117. Effective date.CommentsClose CommentsPermalink
Subtitle C--Mt. Hood Wilderness, Oregon
Sec. 121. Definitions.CommentsClose CommentsPermalink
Sec. 122. Designation of wilderness areas.CommentsClose CommentsPermalink
Sec. 123. Designation of streams for wild and scenic river protection in the Mount Hood area.CommentsClose CommentsPermalink
Sec. 124. Mount Hood National Recreation Area.CommentsClose CommentsPermalink
Sec. 125. Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek.CommentsClose CommentsPermalink
Sec. 126. Land exchanges.CommentsClose CommentsPermalink
Sec. 127. Tribal provisions; planning and studies.CommentsClose CommentsPermalink
Subtitle D--Copper Salmon Wilderness, Oregon
Sec. 131. Designation of the Copper Salmon Wilderness.CommentsClose CommentsPermalink
Sec. 132. Wild and Scenic River Designations, Elk River, Oregon.CommentsClose CommentsPermalink
Sec. 133. Protection of tribal rights.CommentsClose CommentsPermalink
Subtitle E--Cascade-Siskiyou National Monument, Oregon
Sec. 141. Definitions.CommentsClose CommentsPermalink
Sec. 142. Voluntary grazing lease donation program.CommentsClose CommentsPermalink
Sec. 143. Box R Ranch land exchange.CommentsClose CommentsPermalink
Sec. 144. Deerfield land exchange.CommentsClose CommentsPermalink
Sec. 145. Soda Mountain Wilderness.CommentsClose CommentsPermalink
Sec. 146. Effect.CommentsClose CommentsPermalink
Subtitle F--Owyhee Public Land Management
Sec. 151. Definitions.CommentsClose CommentsPermalink
Sec. 152. Owyhee Science Review and Conservation Center.CommentsClose CommentsPermalink
Sec. 153. Wilderness areas.CommentsClose CommentsPermalink
Sec. 154. Designation of wild and scenic rivers.CommentsClose CommentsPermalink
Sec. 155. Land identified for disposal.CommentsClose CommentsPermalink
Sec. 156. Tribal cultural resources.CommentsClose CommentsPermalink
Sec. 157. Recreational travel management plans.CommentsClose CommentsPermalink
Sec. 158. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle G--Boundary Adjustment, Frank Church River of No Return Wilderness
Sec. 161. Purposes.CommentsClose CommentsPermalink
Sec. 162. Definitions.CommentsClose CommentsPermalink
Sec. 163. Boundary adjustment.CommentsClose CommentsPermalink
Sec. 164. Conveyance of land designated for exclusion.CommentsClose CommentsPermalink
Subtitle H--Rocky Mountain National Park Wilderness
Sec. 171. Definitions.CommentsClose CommentsPermalink
Sec. 172. Rocky Mountain National Park Wilderness.CommentsClose CommentsPermalink
Sec. 173. Grand River Ditch and Colorado-Big Thompson projects.CommentsClose CommentsPermalink
Sec. 174. East Shore Trail Area.CommentsClose CommentsPermalink
Sec. 175. National forest area boundary adjustments.CommentsClose CommentsPermalink
Sec. 176. Authority to lease Leiffer tract.CommentsClose CommentsPermalink
TITLE II--BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A--National Landscape Conservation System
Sec. 201. Definitions.CommentsClose CommentsPermalink
Sec. 202. Establishment of the National Landscape Conservation System.CommentsClose CommentsPermalink
Sec. 203. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Prehistoric Trackways National Monument
Sec. 211. Findings.CommentsClose CommentsPermalink
Sec. 212. Definitions.CommentsClose CommentsPermalink
Sec. 213. Establishment.CommentsClose CommentsPermalink
Sec. 214. Administration.CommentsClose CommentsPermalink
Sec. 215. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle C--Fort Stanton-Snowy River Cave National Conservation Area
Sec. 221. Definitions.CommentsClose CommentsPermalink
Sec. 222. Establishment of the Fort Stanton-Snowy River Cave National Conservation Area.CommentsClose CommentsPermalink
Sec. 223. Management of the Conservation Area.CommentsClose CommentsPermalink
Sec. 224. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle D--Snake River Birds of Prey National Conservation Area
Sec. 231. Snake River Birds of Prey National Conservation Area.CommentsClose CommentsPermalink
Subtitle E--Rio Puerco Watershed Management Program
Sec. 241. Rio Puerco Watershed Management Program.CommentsClose CommentsPermalink
Subtitle F--Land Conveyances and Exchanges
Sec. 251. Pima County, Arizona, land exchange.CommentsClose CommentsPermalink
Sec. 252. Southern Nevada limited transition area conveyance.CommentsClose CommentsPermalink
Sec. 253. Nevada Cancer Institute land conveyance.CommentsClose CommentsPermalink
Sec. 254. Turnabout Ranch land conveyance, Utah.CommentsClose CommentsPermalink
Sec. 255. Boy Scouts land exchange, Utah.CommentsClose CommentsPermalink
Sec. 256. Douglas County, Washington, land conveyance.CommentsClose CommentsPermalink
TITLE III--FOREST SERVICE AUTHORIZATIONS
Subtitle A--Watershed Restoration and Enhancement
Sec. 301. Watershed restoration and enhancement agreements.CommentsClose CommentsPermalink
Subtitle B--Wildland Firefighter Safety
Sec. 311. Wildland firefighter safety.CommentsClose CommentsPermalink
Subtitle C--Wyoming Range
Sec. 321. Definitions.CommentsClose CommentsPermalink
Sec. 322. Withdrawal of certain land in the Wyoming range.CommentsClose CommentsPermalink
Sec. 323. Acceptance of the donation of valid existing mining or leasing rights in the Wyoming range.CommentsClose CommentsPermalink
Subtitle D--Land Conveyances and Exchanges
Sec. 331. Land conveyance to City of Coffman Cove, Alaska.CommentsClose CommentsPermalink
Sec. 332. Beaverhead-Deerlodge National Forest land conveyance, Montana.CommentsClose CommentsPermalink
Sec. 333. Santa Fe National Forest; Pecos National Historical Park Land Exchange.CommentsClose CommentsPermalink
Sec. 334. Santa Fe National Forest Land Conveyance, New Mexico.CommentsClose CommentsPermalink
Sec. 335. Kittitas County, Washington land conveyance.CommentsClose CommentsPermalink
Sec. 336. Mammoth Community Water District use restrictions.CommentsClose CommentsPermalink
TITLE IV--FOREST LANDSCAPE RESTORATION
Sec. 401. Purpose.CommentsClose CommentsPermalink
Sec. 402. Definitions.CommentsClose CommentsPermalink
Sec. 403. Collaborative Forest Landscape Restoration Program.CommentsClose CommentsPermalink
Sec. 404. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE V--RIVERS AND TRAILS
Subtitle A--Additions to the National Wild and Scenic Rivers System
Sec. 501. Fossil Creek, Arizona.CommentsClose CommentsPermalink
Sec. 502. Snake River Headwaters, Wyoming.CommentsClose CommentsPermalink
Sec. 503. Taunton River, Massachusetts.CommentsClose CommentsPermalink
Subtitle B--Additions to the National Trails System
Sec. 511. Arizona National Scenic Trail.CommentsClose CommentsPermalink
Sec. 512. New England National Scenic Trail.CommentsClose CommentsPermalink
Sec. 513. Ice Age Floods National Geologic Trail.CommentsClose CommentsPermalink
Sec. 514. Washington-Rochambeau Revolutionary Route National Historic Trail.CommentsClose CommentsPermalink
Subtitle C--National Trail System Amendments
Sec. 521. National Trails System willing seller authority.CommentsClose CommentsPermalink
Sec. 522. Revision of feasibility and suitability studies of existing national historic trails.CommentsClose CommentsPermalink
TITLE VI--DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A--National Parks and Federal Recreational Lands Pass Discount
Sec. 601. National Parks and Federal Recreational Lands Pass for eligible individuals.CommentsClose CommentsPermalink
Subtitle B--Competitive Status for Federal Employees in Alaska
Sec. 611. Competitive status for certain Federal employees in the State of Alaska.CommentsClose CommentsPermalink
Subtitle C--National Tropical Botanical Garden
Sec. 621. Authorization of appropriations for National Tropical Botanical Garden.CommentsClose CommentsPermalink
Subtitle D--Management of the Baca National Wildlife Refuge
Sec. 631. Baca National Wildlife Refuge.CommentsClose CommentsPermalink
Subtitle E--Paleontological Resources Preservation
Sec. 641. Definitions.CommentsClose CommentsPermalink
Sec. 642. Management.CommentsClose CommentsPermalink
Sec. 643. Public awareness and education program.CommentsClose CommentsPermalink
Sec. 644. Collection of paleontological resources.CommentsClose CommentsPermalink
Sec. 645. Curation of resources.CommentsClose CommentsPermalink
Sec. 646. Prohibited acts; criminal penalties.CommentsClose CommentsPermalink
Sec. 647. Civil penalties.CommentsClose CommentsPermalink
Sec. 648. Rewards and forfeiture.CommentsClose CommentsPermalink
Sec. 649. Confidentiality.CommentsClose CommentsPermalink
Sec. 650. Regulations.CommentsClose CommentsPermalink
Sec. 651. Savings provisions.CommentsClose CommentsPermalink
Sec. 652. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE VII--NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A--Additions to the National Park System
Sec. 701. Paterson Great Falls National Historical Park, New Jersey.CommentsClose CommentsPermalink
Sec. 702. Thomas Edison National Historical Park, New Jersey.CommentsClose CommentsPermalink
Subtitle B--Amendments to Existing Units of the National Park System
Sec. 711. Funding for Keweenaw National Historical Park.CommentsClose CommentsPermalink
Sec. 712. Location of visitor and administrative facilities for Weir Farm National Historic Site.CommentsClose CommentsPermalink
Sec. 713. Little River Canyon National Preserve boundary expansion.CommentsClose CommentsPermalink
Sec. 714. Hopewell Culture National Historical Park boundary expansion.CommentsClose CommentsPermalink
Sec. 715. Jean Lafitte National Historical Park and Preserve boundary adjustment.CommentsClose CommentsPermalink
Sec. 716. Minute Man National Historical Park.CommentsClose CommentsPermalink
Sec. 717. Everglades National Park.CommentsClose CommentsPermalink
Sec. 718. Kalaupapa National Historical Park.CommentsClose CommentsPermalink
Sec. 719. Boston Harbor Islands National Recreation Area.CommentsClose CommentsPermalink
Subtitle C--Special Resource Studies
Sec. 721. William Jefferson Clinton Birthplace Home National Historic Site.CommentsClose CommentsPermalink
Sec. 722. Walnut Canyon study.CommentsClose CommentsPermalink
Sec. 723. Tule Lake Segregation Center, California.CommentsClose CommentsPermalink
Sec. 724. Estate Grange, St. Croix.CommentsClose CommentsPermalink
Sec. 725. Harriet Beecher Stowe House, Maine.CommentsClose CommentsPermalink
Sec. 726. Shepherdstown battlefield, West Virginia.CommentsClose CommentsPermalink
Sec. 727. Green McAdoo School, Tennessee.CommentsClose CommentsPermalink
Sec. 728. Harry S Truman Birthplace, Missouri.CommentsClose CommentsPermalink
Sec. 729. Battle of Matewan special resource study.CommentsClose CommentsPermalink
Sec. 730. Butterfield Overland Trail.CommentsClose CommentsPermalink
Subtitle D--Program Authorizations
Sec. 741. American Battlefield Protection Program.CommentsClose CommentsPermalink
Sec. 742. Preserve America Program.CommentsClose CommentsPermalink
Sec. 743. Save America’s Treasures Program.CommentsClose CommentsPermalink
Subtitle E--Advisory Commission
Sec. 744. Na Hoa Pili O Kaloko-Honokohau Advisory Commission.CommentsClose CommentsPermalink
TITLE VIII--NATIONAL HERITAGE AREAS
Subtitle A--National Heritage Area Program
Sec. 801. Purposes.CommentsClose CommentsPermalink
Sec. 802. Definitions.CommentsClose CommentsPermalink
Sec. 803. National Heritage Areas system.CommentsClose CommentsPermalink
Sec. 804. Studies.CommentsClose CommentsPermalink
Sec. 805. Designation of National Heritage Areas.CommentsClose CommentsPermalink
Sec. 806. Management plans.CommentsClose CommentsPermalink
Sec. 807. Evaluation; report.CommentsClose CommentsPermalink
Sec. 808. Local coordinating entities.CommentsClose CommentsPermalink
Sec. 809. Relationship to other Federal agencies.CommentsClose CommentsPermalink
Sec. 810. Private property and regulatory protections.CommentsClose CommentsPermalink
Sec. 811. Partnership support.CommentsClose CommentsPermalink
Sec. 812. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Designation of National Heritage Areas
Sec. 821. Sangre de Cristo National Heritage Area, Colorado.CommentsClose CommentsPermalink
Sec. 822. Cache La Poudre River National Heritage Area, Colorado.CommentsClose CommentsPermalink
Sec. 823. South Park National Heritage Area, Colorado.CommentsClose CommentsPermalink
Sec. 824. Northern Plains National Heritage Area, North Dakota.CommentsClose CommentsPermalink
Sec. 825. Baltimore National Heritage Area, Maryland.CommentsClose CommentsPermalink
Sec. 826. Freedom’s Way National Heritage Area, Massachusetts and New Hampshire.CommentsClose CommentsPermalink
Sec. 827. Mississippi Hills National Heritage Area.CommentsClose CommentsPermalink
Sec. 828. Mississippi Delta National Heritage Area.CommentsClose CommentsPermalink
Sec. 829. Muscle Shoals National Heritage Area, Alabama.CommentsClose CommentsPermalink
Sec. 830. Santa Cruz Valley National Heritage Area, Arizona.CommentsClose CommentsPermalink
Subtitle C--Studies
Sec. 841. Chattahoochee Trace, Alabama and Georgia.CommentsClose CommentsPermalink
Sec. 842. Northern Neck, Virginia.CommentsClose CommentsPermalink
Subtitle D--Amendments Relating to National Heritage Corridors
Sec. 851. Quinebaug and Shetucket Rivers Valley National Heritage Corridor.CommentsClose CommentsPermalink
Sec. 852. Delaware And Lehigh National Heritage Corridor.CommentsClose CommentsPermalink
Sec. 853. Erie Canalway National Heritage Corridor.CommentsClose CommentsPermalink
Sec. 854. John H. Chafee Blackstone River Valley National Heritage Corridor.CommentsClose CommentsPermalink
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A--Feasibility Studies
Sec. 901. Snake, Boise, and Payette River systems, Idaho.CommentsClose CommentsPermalink
Sec. 902. Sierra Vista Subwatershed, Arizona.CommentsClose CommentsPermalink
Subtitle B--Project Authorizations
Sec. 911. Tumalo Irrigation District Water Conservation Project, Oregon.CommentsClose CommentsPermalink
Sec. 912. Madera Water Supply Enhancement Project, California.CommentsClose CommentsPermalink
Sec. 913. Eastern New Mexico Rural Water System project, New Mexico.CommentsClose CommentsPermalink
Sec. 914. Rancho Cailfornia Water District project, California.CommentsClose CommentsPermalink
Subtitle C--Title Transfers and Clarifications
Sec. 921. Transfer of McGee Creek pipeline and facilities.CommentsClose CommentsPermalink
Sec. 922. Albuquerque Biological Park, New Mexico, title clarification.CommentsClose CommentsPermalink
Subtitle D--San Gabriel Basin Restoration Fund
Sec. 931. Restoration Fund.CommentsClose CommentsPermalink
Subtitle E--Lower Colorado River Multi-Species Conservation Program
Sec. 941. Definitions.CommentsClose CommentsPermalink
Sec. 942. Implementation and water accounting.CommentsClose CommentsPermalink
Sec. 943. Enforceability of program documents.CommentsClose CommentsPermalink
Sec. 944. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE X--WATER SETTLEMENTS
Subtitle A--San Joaquin River Restoration Settlement
Part I--San Joaquin River Restoration Settlement Act
Sec. 1001. Short title.CommentsClose CommentsPermalink
Sec. 1002. Purpose.CommentsClose CommentsPermalink
Sec. 1003. Definitions.CommentsClose CommentsPermalink
Sec. 1004. Implementation of settlement.CommentsClose CommentsPermalink
Sec. 1005. Acquisition and disposal of property; title to facilities.CommentsClose CommentsPermalink
Sec. 1006. Compliance with applicable law.CommentsClose CommentsPermalink
Sec. 1007. Compliance with Central Valley Project Improvement Act.CommentsClose CommentsPermalink
Sec. 1008. No private right of action.CommentsClose CommentsPermalink
Sec. 1009. Appropriations; Settlement Fund.CommentsClose CommentsPermalink
Sec. 1010. Repayment contracts and acceleration of repayment of construction costs.CommentsClose CommentsPermalink
Sec. 1011. California Central Valley Spring Run Chinook salmon.CommentsClose CommentsPermalink
Part II--Study to Develop Water Plan; Report
Sec. 1021. Study to develop water plan; report.CommentsClose CommentsPermalink
Part III--Friant Division Improvements
Sec. 1031. Federal facility improvements.CommentsClose CommentsPermalink
Sec. 1032. Financial assistance for local projects.CommentsClose CommentsPermalink
Sec. 1033. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Northwestern New Mexico Rural Water Projects
Sec. 1041. Short title.CommentsClose CommentsPermalink
Sec. 1042. Definitions.CommentsClose CommentsPermalink
Sec. 1043. Compliance with environmental laws.CommentsClose CommentsPermalink
Sec. 1044. No reallocation of costs.CommentsClose CommentsPermalink
Sec. 1045. Interest rate.CommentsClose CommentsPermalink
Part I--Amendments to the Colorado River Storage Project Act and Public Law 87-483
Sec. 1051. Amendments to the Colorado River Storage Project Act.CommentsClose CommentsPermalink
Sec. 1052. Amendments to
Sec. 1053. Effect on Federal water law.CommentsClose CommentsPermalink
Part II--Reclamation Water Settlements Fund
Sec. 1061. Reclamation Water Settlements Fund.CommentsClose CommentsPermalink
Part III--Navajo-Gallup Water Supply Project
Sec. 1071. Purposes.CommentsClose CommentsPermalink
Sec. 1072. Authorization of Navajo-Gallup Water Supply Project.CommentsClose CommentsPermalink
Sec. 1073. Delivery and use of Navajo-Gallup Water Supply Project water.CommentsClose CommentsPermalink
Sec. 1074. Project contracts.CommentsClose CommentsPermalink
Sec. 1075. Navajo Nation Municipal Pipeline.CommentsClose CommentsPermalink
Sec. 1076. Authorization of conjunctive use wells.CommentsClose CommentsPermalink
Sec. 1077. San Juan River Navajo Irrigation Projects.CommentsClose CommentsPermalink
Sec. 1078. Other irrigation projects.CommentsClose CommentsPermalink
Sec. 1079. Authorization of appropriations.CommentsClose CommentsPermalink
Part IV--Navajo Nation Water Rights
Sec. 1081. Agreement.CommentsClose CommentsPermalink
Sec. 1082. Trust Fund.CommentsClose CommentsPermalink
Sec. 1083. Waivers and releases.CommentsClose CommentsPermalink
Sec. 1084. Water rights held in trust.CommentsClose CommentsPermalink
TITLE XI--UNITED STATES GEOLOGICAL SURVEY AUTHORIZATIONS
Sec. 1101. Reauthorization of the National Geologic Mapping Act of 1992.CommentsClose CommentsPermalink
Sec. 1102. New Mexico water resources study.CommentsClose CommentsPermalink
TITLE XII--MISCELLANEOUS
Sec. 1201. Management and distribution of North Dakota trust funds.CommentsClose CommentsPermalink
Sec. 1202. Amendments to the Fisheries Restoration and Irrigation Mitigation Act of 2000.CommentsClose CommentsPermalink
Sec. 1203. Amendments to the Alaska Natural Gas Pipeline Act.CommentsClose CommentsPermalink
Sec. 1204. Additional Assistant Secretary for Department of Energy.CommentsClose CommentsPermalink
TITLE I--ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEMCommentsClose CommentsPermalink
Subtitle A--Wild Monongahela WildernessCommentsClose CommentsPermalink
SEC. 101. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL FOREST, WEST VIRGINIA.
(a) Designation- In furtherance of the purposes of the Wilderness Act (
(1) Certain Federal land comprising approximately 5,144 acres, as generally depicted on the map entitled ‘Big Draft Proposed Wilderness’ and dated March 11, 2008, which shall be known as the ‘Big Draft Wilderness’.CommentsClose CommentsPermalink
(2) Certain Federal land comprising approximately 11,951 acres, as generally depicted on the map entitled ‘Cranberry Expansion Proposed Wilderness’ and dated March 11, 2008, which shall be added to and administered as part of the Cranberry Wilderness designated by section 1(1) of
(3) Certain Federal land comprising approximately 7,156 acres, as generally depicted on the map entitled ‘Dolly Sods Expansion Proposed Wilderness’ and dated March 11, 2008, which shall be added to and administered as part of the Dolly Sods Wilderness designated by section 3(a)(13) of
(4) Certain Federal land comprising approximately 698 acres, as generally depicted on the map entitled ‘Otter Creek Expansion Proposed Wilderness’ and dated March 11, 2008, which shall be added to and administered as part of the Otter Creek Wilderness designated by section 3(a)(14) of
(5) Certain Federal land comprising approximately 6,792 acres, as generally depicted on the map entitled ‘Roaring Plains Proposed Wilderness’ and dated March 11, 2008, which shall be known as the ‘Roaring Plains West Wilderness’.CommentsClose CommentsPermalink
(6) Certain Federal land comprising approximately 6,030 acres, as generally depicted on the map entitled ‘Spice Run Proposed Wilderness’ and dated March 11, 2008, which shall be known as the ‘Spice Run Wilderness’.CommentsClose CommentsPermalink
(b) Maps and Legal Description-CommentsClose CommentsPermalink
(1) FILING AND AVAILABILITY- As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, 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 each wilderness area designated or expanded by subsection (a). The maps and legal descriptions shall be on file and available for public inspection in the office of the Chief of the Forest Service and the office of the Supervisor of the Monongahela National Forest.CommentsClose CommentsPermalink
(2) FORCE AND EFFECT- The maps and legal descriptions referred to in this subsection shall have the same force and effect as if included in this subtitle, except that the Secretary may correct errors in the maps and descriptions.CommentsClose CommentsPermalink
(c) Administration- Subject to valid existing rights, the Federal lands designated as wilderness by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (
(d) Effective Date of Wilderness Act- With respect to the Federal lands designated as wilderness by subsection (a), any reference in the Wilderness Act (
(e) Fish and Wildlife- As provided in section 4(d)(7) of the Wilderness Act (
SEC. 102. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS, MONONGAHELA NATIONAL FOREST.
(a) Boundary Adjustment- The boundary of the Laurel Fork South Wilderness designated by section 1(3) of
(b) Management- Federally owned land delineated on the maps referred to in subsection (a) as the Laurel Fork South Wilderness, as modified by such subsection, shall continue to be administered by the Secretary of Agriculture in accordance with Wilderness Act (
SEC. 103. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.
(a) In General- The boundary of the Monongahela National Forest is confirmed to include the tracts of land as generally depicted on the map entitled ‘Monongahela National Forest Boundary Confirmation’ and dated March 13, 2008, and all Federal lands under the jurisdiction of the Secretary of Agriculture, acting through the Chief of the Forest Service, encompassed within such boundary shall be managed under the laws and regulations pertaining to the National Forest System.CommentsClose CommentsPermalink
(b) Land and Water Conservation Fund- For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (
SEC. 104. ENHANCED TRAIL OPPORTUNITIES.
(a) Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Agriculture, in consultation with interested parties, shall develop a plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as wilderness within the Monongahela National Forest.CommentsClose CommentsPermalink
(2) NONMOTORIZED RECREATION TRAIL DEFINED- For the purposes of this subsection, the term ‘nonmotorized recreation trail’ means a trail designed for hiking, bicycling, and equestrian use.CommentsClose CommentsPermalink
(b) Report- Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the plan required under subsection (a), including the identification of priority trails for development.CommentsClose CommentsPermalink
(c) Consideration of Conversion of Forest Roads to Recreational Uses- In considering possible closure and decommissioning of a Forest Service road within the Monongahela National Forest after the date of the enactment of this Act, the Secretary of Agriculture, in accordance with applicable law, may consider converting the road to nonmotorized uses to enhance recreational opportunities within the Monongahela National Forest.CommentsClose CommentsPermalink
Subtitle B--Virginia Ridge and Valley WildernessCommentsClose CommentsPermalink
SEC. 111. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) SCENIC AREAS- The term ‘scenic areas’ means the Seng Mountain National Scenic Area and the Bear Creek National Scenic Area.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink
SEC. 112. DESIGNATION OF ADDITIONAL NATIONAL FOREST SYSTEM LAND IN JEFFERSON NATIONAL FOREST, VIRGINIA, AS WILDERNESS OR A WILDERNESS STUDY AREA.
(a) Designation of Wilderness- Section 1 of
(1) in the matter preceding paragraph (1), by striking ‘System--’ and inserting ‘System:’;CommentsClose CommentsPermalink
(2) by striking ‘certain’ each place it appears and inserting ‘Certain’;CommentsClose CommentsPermalink
(3) in each of paragraphs (1) through (6), by striking the semicolon at the end and inserting a period;CommentsClose CommentsPermalink
(4) in paragraph (7), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(5) by adding at the end the following:CommentsClose CommentsPermalink
‘(9) Certain land in the Jefferson National Forest comprising approximately 3,743 acres, as generally depicted on the map entitled ‘Brush Mountain and Brush Mountain East’ and dated May 5, 2008, which shall be known as the ‘Brush Mountain East Wilderness’.CommentsClose CommentsPermalink
‘(10) Certain land in the Jefferson National Forest comprising approximately 4,794 acres, as generally depicted on the map entitled ‘Brush Mountain and Brush Mountain East’ and dated May 5, 2008, which shall be known as the ‘Brush Mountain Wilderness’.CommentsClose CommentsPermalink
‘(11) Certain land in the Jefferson National Forest comprising approximately 4,223 acres, as generally depicted on the map entitled ‘Seng Mountain and Raccoon Branch’ and dated April 28, 2008, which shall be known as the ‘Raccoon Branch Wilderness’.CommentsClose CommentsPermalink
‘(12) Certain land in the Jefferson National Forest comprising approximately 3,270 acres, as generally depicted on the map entitled ‘Stone Mountain’ and dated April 28, 2008, which shall be known as the ‘Stone Mountain Wilderness’.CommentsClose CommentsPermalink
‘(13) Certain land in the Jefferson National Forest comprising approximately 8,470 acres, as generally depicted on the map entitled ‘Garden Mountain and Hunting Camp Creek’ and dated April 28, 2008, which shall be known as the ‘Hunting Camp Creek Wilderness’.CommentsClose CommentsPermalink
‘(14) Certain land in the Jefferson National Forest comprising approximately 3,291 acres, as generally depicted on the map entitled ‘Garden Mountain and Hunting Camp Creek’ and dated April 28, 2008, which shall be known as the ‘Garden Mountain Wilderness’.CommentsClose CommentsPermalink
‘(15) Certain land in the Jefferson National Forest comprising approximately 5,476 acres, as generally depicted on the map entitled ‘Mountain Lake Additions’ and dated April 28, 2008, which is incorporated in the Mountain Lake Wilderness designated by section 2(6) of the Virginia Wilderness Act of 1984 (
16 U.S.C. 1132 note;Public Law 98-586 ).CommentsClose CommentsPermalink‘(16) Certain land in the Jefferson National Forest comprising approximately 308 acres, as generally depicted on the map entitled ‘Lewis Fork Addition and Little Wilson Creek Additions’ and dated April 28, 2008, which is incorporated in the Lewis Fork Wilderness designated by section 2(3) of the Virginia Wilderness Act of 1984 (
16 U.S.C. 1132 note;Public Law 98-586 ).CommentsClose CommentsPermalink‘(17) Certain land in the Jefferson National Forest comprising approximately 1,845 acres, as generally depicted on the map entitled ‘Lewis Fork Addition and Little Wilson Creek Additions’ and dated April 28, 2008, which is incorporated in the Little Wilson Creek Wilderness designated by section 2(5) of the Virginia Wilderness Act of 1984 (
16 U.S.C. 1132 note;Public Law 98-586 ).CommentsClose CommentsPermalink‘(18) Certain land in the Jefferson National Forest comprising approximately 2,219 acres, as generally depicted on the map entitled ‘Shawvers Run Additions’ and dated April 28, 2008, which is incorporated in the Shawvers Run Wilderness designated by paragraph (4).CommentsClose CommentsPermalink
‘(19) Certain land in the Jefferson National Forest comprising approximately 1,203 acres, as generally depicted on the map entitled ‘Peters Mountain Addition’ and dated April 28, 2008, which is incorporated in the Peters Mountain Wilderness designated by section 2(7) of the Virginia Wilderness Act of 1984 (
16 U.S.C. 1132 note;Public Law 98-586 ).CommentsClose CommentsPermalink‘(20) Certain land in the Jefferson National Forest comprising approximately 263 acres, as generally depicted on the map entitled ‘Kimberling Creek Additions and Potential Wilderness Area’ and dated April 28, 2008, which is incorporated in the Kimberling Creek Wilderness designated by section 2(2) of the Virginia Wilderness Act of 1984 (
16 U.S.C. 1132 note;Public Law 98-586 ).’.CommentsClose CommentsPermalink
(b) Designation of Wilderness Study Area- The Virginia Wilderness Act of 1984 (
(1) in the first section, by inserting ‘as’ after ‘cited’; andCommentsClose CommentsPermalink
(2) in section 6(a)--CommentsClose CommentsPermalink
(A) by striking ‘certain’ each place it appears and inserting ‘Certain’;CommentsClose CommentsPermalink
(B) in each of paragraphs (1) and (2), by striking the semicolon at the end and inserting a period;CommentsClose CommentsPermalink
(C) in paragraph (3), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
‘(5) Certain land in the Jefferson National Forest comprising approximately 3,226 acres, as generally depicted on the map entitled ‘Lynn Camp Creek Wilderness Study Area’ and dated April 28, 2008, which shall be known as the ‘Lynn Camp Creek Wilderness Study Area’.’.CommentsClose CommentsPermalink
SEC. 113. DESIGNATION OF KIMBERLING CREEK POTENTIAL WILDERNESS AREA, JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) Designation- In furtherance of the purposes of the Wilderness Act (
(b) Management- Except as provided in subsection (c) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act (
(c) Ecological Restoration-CommentsClose CommentsPermalink
(1) IN GENERAL- For purposes of ecological restoration (including the elimination of nonnative species, removal of illegal, unused, or decommissioned roads, and any other activity necessary to restore the natural ecosystems in the potential wilderness area), the Secretary may use motorized equipment and mechanized transport in the potential wilderness area until the date on which the potential wilderness area is incorporated into the Kimberling Creek Wilderness.CommentsClose CommentsPermalink
(2) LIMITATION- To the maximum extent practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration with the least amount of adverse impact on wilderness character and resources.CommentsClose CommentsPermalink
(d) Wilderness Designation- The potential wilderness area shall be designated as wilderness and incorporated in the Kimberling Creek Wilderness on the earlier of--CommentsClose CommentsPermalink
(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 (
(2) the date that is 5 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 114. SENG MOUNTAIN AND BEAR CREEK SCENIC AREAS, JEFFERSON NATIONAL FOREST, VIRGINIA.
(a) Establishment- There are designated as National Scenic Areas--CommentsClose CommentsPermalink
(1) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,192 acres, as generally depicted on the map entitled ‘Seng Mountain and Raccoon Branch’ and dated April 28, 2008, which shall be known as the ‘Seng Mountain National Scenic Area’; andCommentsClose CommentsPermalink
(2) certain National Forest System land in the Jefferson National Forest, comprising approximately 5,128 acres, as generally depicted on the map entitled ‘Bear Creek’ and dated April 28, 2008, which shall be known as the ‘Bear Creek National Scenic Area’.CommentsClose CommentsPermalink
(b) Purposes- The purposes of the scenic areas are--CommentsClose CommentsPermalink
(1) to ensure the protection and preservation of scenic quality, water quality, natural characteristics, and water resources of the scenic areas;CommentsClose CommentsPermalink
(2) consistent with paragraph (1), to protect wildlife and fish habitat in the scenic areas;CommentsClose CommentsPermalink
(3) to protect areas in the scenic areas that may develop characteristics of old-growth forests; andCommentsClose CommentsPermalink
(4) consistent with paragraphs (1), (2), and (3), to provide a variety of recreation opportunities in the scenic areas.CommentsClose CommentsPermalink
(c) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall administer the scenic areas in accordance with--CommentsClose CommentsPermalink
(A) this subtitle; andCommentsClose CommentsPermalink
(B) the laws (including regulations) generally applicable to the National Forest System.CommentsClose CommentsPermalink
(2) AUTHORIZED USES- The Secretary shall only allow uses of the scenic areas that the Secretary determines will further the purposes of the scenic areas, as described in subsection (b).CommentsClose CommentsPermalink
(d) Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall develop as an amendment to the land and resource management plan for the Jefferson National Forest a management plan for the scenic areas.CommentsClose CommentsPermalink
(2) EFFECT- Nothing in this subsection requires the Secretary to revise the land and resource management plan for the Jefferson National Forest under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (
(e) Roads-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), after the date of enactment of this Act, no roads shall be established or constructed within the scenic areas.CommentsClose CommentsPermalink
(2) LIMITATION- Nothing in this subsection denies any owner of private land (or an interest in private land) that is located in a scenic area the right to access the private land.CommentsClose CommentsPermalink
(f) Timber Harvest-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraphs (2) and (3), no harvesting of timber shall be allowed within the scenic areas.CommentsClose CommentsPermalink
(2) EXCEPTIONS- The Secretary may authorize harvesting of timber in the scenic areas if the Secretary determines that the harvesting is necessary to--CommentsClose CommentsPermalink
(A) control fire;CommentsClose CommentsPermalink
(B) provide for public safety or trail access; orCommentsClose CommentsPermalink
(C) control insect and disease outbreaks.CommentsClose CommentsPermalink
(3) FIREWOOD FOR PERSONAL USE- Firewood may be harvested for personal use along perimeter roads in the scenic areas, subject to any conditions that the Secretary may impose.CommentsClose CommentsPermalink
(g) Insect and Disease Outbreaks- The Secretary may control insect and disease outbreaks--CommentsClose CommentsPermalink
(1) to maintain scenic quality;CommentsClose CommentsPermalink
(2) to prevent tree mortality;CommentsClose CommentsPermalink
(3) to reduce hazards to visitors; orCommentsClose CommentsPermalink
(4) to protect private land.CommentsClose CommentsPermalink
(h) Vegetation Management- The Secretary may engage in vegetation manipulation practices in the scenic areas to maintain the visual quality and wildlife clearings in existence on the date of enactment of this Act.CommentsClose CommentsPermalink
(i) Motorized Vehicles-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), motorized vehicles shall not be allowed within the scenic areas.CommentsClose CommentsPermalink
(2) EXCEPTIONS- The Secretary may authorize the use of motorized vehicles--CommentsClose CommentsPermalink
(A) to carry out administrative activities that further the purposes of the scenic areas, as described in subsection (b);CommentsClose CommentsPermalink
(B) to assist wildlife management projects in existence on the date of enactment of this Act; andCommentsClose CommentsPermalink
(C) during deer and bear hunting seasons--CommentsClose CommentsPermalink
(i) on Forest Development Roads 49410 and 84b; andCommentsClose CommentsPermalink
(ii) on the portion of Forest Development Road 6261 designated on the map described in subsection (a)(2) as ‘open seasonally’.CommentsClose CommentsPermalink
(j) Wildfire Suppression- Wildfire suppression within the scenic areas shall be conducted--CommentsClose CommentsPermalink
(1) in a manner consistent with the purposes of the scenic areas, as described in subsection (b); andCommentsClose CommentsPermalink
(2) using such means as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
(k) Water- The Secretary shall administer the scenic areas in a manner that maintains and enhances water quality.CommentsClose CommentsPermalink
(l) Withdrawal- Subject to valid existing rights, all Federal land in the scenic areas is withdrawn from--CommentsClose CommentsPermalink
(1) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(2) operation of the mineral leasing and geothermal leasing laws.CommentsClose CommentsPermalink
SEC. 115. TRAIL PLAN AND DEVELOPMENT.
(a) Trail Plan- The Secretary, in consultation with interested parties, shall establish a trail plan to develop--CommentsClose CommentsPermalink
(1) in a manner consistent with the Wilderness Act (
(2) nonmotorized recreation trails in the scenic areas.CommentsClose CommentsPermalink
(b) Implementation Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the implementation of the trail plan, including the identification of priority trails for development.CommentsClose CommentsPermalink
(c) Sustainable Trail Required- The Secretary shall develop a sustainable trail, using a contour curvilinear alignment, to provide for nonmotorized travel along the southern boundary of the Raccoon Branch Wilderness established by section 1(11) of
SEC. 116. MAPS AND BOUNDARY DESCRIPTIONS.
(a) In General- As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives maps and boundary descriptions of--CommentsClose CommentsPermalink
(1) the scenic areas;CommentsClose CommentsPermalink
(2) the wilderness areas designated by paragraphs (9) through (20) of section 1 of
(3) the wilderness study area designated by section 6(a)(5) of the Virginia Wilderness Act of 1984 (
(4) the potential wilderness area designated by section 113(a).CommentsClose CommentsPermalink
(b) Force and Effect- The maps and boundary descriptions filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any minor errors in the maps and boundary descriptions.CommentsClose CommentsPermalink
(c) Availability of Map and Boundary Description- The maps and boundary descriptions filed under subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service.CommentsClose CommentsPermalink
(d) Conflict- In the case of a conflict between a map filed under subsection (a) and the acreage of the applicable areas specified in this subtitle, the map shall control.CommentsClose CommentsPermalink
SEC. 117. EFFECTIVE DATE.
Any reference in the Wilderness Act (
(1) the wilderness areas designated by paragraphs (9) through (20) of section 1 of
(2) the potential wilderness area designated by section 113(a).CommentsClose CommentsPermalink
Subtitle C--Mt. Hood Wilderness, OregonCommentsClose CommentsPermalink
SEC. 121. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture.CommentsClose CommentsPermalink
(2) STATE- The term ‘State’ means the State of Oregon.CommentsClose CommentsPermalink
SEC. 122. DESIGNATION OF WILDERNESS AREAS.
(a) Designation of Lewis and Clark Mount Hood Wilderness Areas- In accordance with the Wilderness Act (
(1) BADGER CREEK WILDERNESS ADDITIONS- Certain Federal land managed by the Forest Service, comprising approximately 4,140 acres, as generally depicted on the maps entitled ‘Badger Creek Wilderness--Badger Creek Additions’ and ‘Badger Creek Wilderness--Bonney Butte’, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Badger Creek Wilderness, as designated by section 3(3) of the Oregon Wilderness Act of 1984 (
(2) BULL OF THE WOODS WILDERNESS ADDITION- Certain Federal land managed by the Forest Service, comprising approximately 10,180 acres, as generally depicted on the map entitled ‘Bull of the Woods Wilderness--Bull of the Woods Additions’, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Bull of the Woods Wilderness, as designated by section 3(4) of the Oregon Wilderness Act of 1984 (
(3) CLACKAMAS WILDERNESS- Certain Federal land managed by the Forest Service, comprising approximately 9,470 acres, as generally depicted on the maps entitled ‘Clackamas Wilderness--Big Bottom’, ‘Clackamas Wilderness--Clackamas Canyon’, ‘Clackamas Wilderness--Memaloose Lake’, ‘Clackamas Wilderness--Sisi Butte’, and ‘Clackamas Wilderness--South Fork Clackamas’, dated July 16, 2007, which shall be known as the ‘Clackamas Wilderness’.CommentsClose CommentsPermalink
(4) MARK O. HATFIELD WILDERNESS ADDITIONS- Certain Federal land managed by the Forest Service, comprising approximately 25,960 acres, as generally depicted on the maps entitled ‘Mark O. Hatfield Wilderness--Gorge Face’ and ‘Mark O. Hatfield Wilderness--Larch Mountain’, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Mark O. Hatfield Wilderness, as designated by section 3(1) of the Oregon Wilderness Act of 1984 (
(5) MOUNT HOOD WILDERNESS ADDITIONS- Certain Federal land managed by the Forest Service, comprising approximately 18,450 acres, as generally depicted on the maps entitled ‘Mount Hood Wilderness--Barlow Butte’, ‘Mount Hood Wilderness--Elk Cove/Mazama’, ‘Mount Hood Wilderness--Richard L. Kohnstamm Memorial Area’, ‘Mount Hood Wilderness--Sand Canyon’, ‘Mount Hood Wilderness--Sandy Additions’, ‘Mount Hood Wilderness--Twin Lakes’, and ‘Mount Hood Wilderness--White River’, dated July 16, 2007, and the map entitled ‘Mount Hood Wilderness--Cloud Cap’, dated July 20, 2007, which is incorporated in, and considered to be a part of, the Mount Hood Wilderness, as designated under section 3(a) of the Wilderness Act (
(6) ROARING RIVER WILDERNESS- Certain Federal land managed by the Forest Service, comprising approximately 36,550 acres, as generally depicted on the map entitled ‘Roaring River Wilderness--Roaring River Wilderness’, dated July 16, 2007, which shall be known as the ‘Roaring River Wilderness’.CommentsClose CommentsPermalink
(7) SALMON-HUCKLEBERRY WILDERNESS ADDITIONS- Certain Federal land managed by the Forest Service, comprising approximately 16,620 acres, as generally depicted on the maps entitled ‘Salmon-Huckleberry Wilderness--Alder Creek Additions’, ‘Salmon-Huckleberry Wilderness--Eagle Creek Addition’, ‘Salmon-Huckleberry Wilderness--Hunchback Mountain’, ‘Salmon-Huckleberry Wilderness--Inch Creek’, ‘Salmon-Huckleberry Wilderness--Mirror Lake’, and ‘Salmon-Huckleberry Wilderness--Salmon River Meadows’, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Salmon-Huckleberry Wilderness, as designated by section 3(2) of the Oregon Wilderness Act of 1984 (
(8) LOWER WHITE RIVER WILDERNESS- Certain Federal land managed by the Forest Service and Bureau of Land Management, comprising approximately 2,870 acres, as generally depicted on the map entitled ‘Lower White River Wilderness--Lower White River’, dated July 16, 2007, which shall be known as the ‘Lower White River Wilderness’.CommentsClose CommentsPermalink
(b) Richard L. Kohnstamm Memorial Area- Certain Federal land managed by the Forest Service, as generally depicted on the map entitled ‘Mount Hood Wilderness--Richard L. Kohnstamm Memorial Area’, dated July 16, 2007, is designated as the ‘Richard L. Kohnstamm Memorial Area’.CommentsClose CommentsPermalink
(c) Potential Wilderness Area; Additions to Wilderness Areas-CommentsClose CommentsPermalink
(1) ROARING RIVER POTENTIAL WILDERNESS AREA-CommentsClose CommentsPermalink
(A) IN GENERAL- In furtherance of the purposes of the Wilderness Act (
(B) MANAGEMENT- The potential wilderness area designated by subparagraph (A) shall be managed in accordance with section 4 of the Wilderness Act (
(C) DESIGNATION AS WILDERNESS- On the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area designated by subparagraph (A) are compatible with the Wilderness Act (
(i) designated as wilderness and as a component of the National Wilderness Preservation System; andCommentsClose CommentsPermalink
(ii) incorporated into the Roaring River Wilderness designated by subsection (a)(6).CommentsClose CommentsPermalink
(2) ADDITION TO THE MOUNT HOOD WILDERNESS- On completion of the land exchange under section 126(a)(2), certain Federal land managed by the Forest Service, comprising approximately 1,710 acres, as generally depicted on the map entitled ‘Mount Hood Wilderness--Tilly Jane’, dated July 20, 2007, shall be incorporated in, and considered to be a part of, the Mount Hood Wilderness, as designated under section 3(a) of the Wilderness Act (
(3) ADDITION TO THE SALMON-HUCKLEBERRY WILDERNESS- On acquisition by the United States, the approximately 160 acres of land identified as ‘Land to be acquired by USFS’ on the map entitled ‘Hunchback Mountain Land Exchange, Clackamas County’, dated June 2006, shall be incorporated in, and considered to be a part of, the Salmon-Huckleberry Wilderness, as designated by section 3(2) of the Oregon Wilderness Act of 1984 (
(d) Maps and Legal Descriptions-CommentsClose CommentsPermalink
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area and potential wilderness area designated by this section, with--CommentsClose CommentsPermalink
(A) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(2) FORCE OF LAW- The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions.CommentsClose CommentsPermalink
(3) 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 and Bureau of Land Management.CommentsClose CommentsPermalink
(4) DESCRIPTION OF LAND- The boundaries of the areas designated as wilderness by subsection (a) that are immediately adjacent to a utility right-of-way or a Federal Energy Regulatory Commission project boundary shall be 100 feet from the boundary of the right-of-way or the project boundary.CommentsClose CommentsPermalink
(e) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to valid existing rights, each area designated as wilderness by this section shall be administered by the Secretary that has jurisdiction over the land within the wilderness, in accordance with the Wilderness Act (
(A) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the wilderness.CommentsClose CommentsPermalink
(2) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land within the boundary of a wilderness area designated by this section that is acquired by the United States shall--CommentsClose CommentsPermalink
(A) become part of the wilderness area in which the land is located; andCommentsClose CommentsPermalink
(B) be managed in accordance with this section, the Wilderness Act (
(f) Buffer Zones-CommentsClose CommentsPermalink
(1) IN GENERAL- As provided in the Oregon Wilderness Act of 1984 (
(2) ACTIVITIES OR USES UP TO BOUNDARIES- The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area.CommentsClose CommentsPermalink
(g) Fish and Wildlife- Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife.CommentsClose CommentsPermalink
(h) Fire, Insects, and Diseases- As provided in section 4(d)(1) of the Wilderness Act (
(i) Withdrawal- Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of--CommentsClose CommentsPermalink
(1) entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.CommentsClose CommentsPermalink
SEC. 123. DESIGNATION OF STREAMS FOR WILD AND SCENIC RIVER PROTECTION IN THE MOUNT HOOD AREA.
(a) Wild and Scenic River Designations, Mount Hood National Forest-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 3(a) of the Wild and Scenic Rivers Act (
‘(171) SOUTH FORK CLACKAMAS RIVER- The 4.2-mile segment of the South Fork Clackamas River from its confluence with the East Fork of the South Fork Clackamas to its confluence with the Clackamas River, to be administered by the Secretary of Agriculture as a wild river.CommentsClose CommentsPermalink
‘(172) EAGLE CREEK- The 8.3-mile segment of Eagle Creek from its headwaters to the Mount Hood National Forest boundary, to be administered by the Secretary of Agriculture as a wild river.CommentsClose CommentsPermalink
‘(173) MIDDLE FORK HOOD RIVER- The 3.7-mile segment of the Middle Fork Hood River from the confluence of Clear and Coe Branches to the north section line of section 11, township 1 south, range 9 east, to be administered by the Secretary of Agriculture as a scenic river.CommentsClose CommentsPermalink
‘(174) SOUTH FORK ROARING RIVER- The 4.6-mile segment of the South Fork Roaring River from its headwaters to its confluence with Roaring River, to be administered by the Secretary of Agriculture as a wild river.CommentsClose CommentsPermalink
‘(175) ZIG ZAG RIVER- The 4.3-mile segment of the Zig Zag River from its headwaters to the Mount Hood Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river.CommentsClose CommentsPermalink
‘(176) FIFTEENMILE CREEK-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The 11.1-mile segment of Fifteenmile Creek from its source at Senecal Spring to the southern edge of the northwest quarter of the northwest quarter of section 20, township 2 south, range 12 east, to be administered by the Secretary of Agriculture in the following classes:CommentsClose CommentsPermalink
‘(i) The 2.6-mile segment from its source at Senecal Spring to the Badger Creek Wilderness boundary, as a wild river.CommentsClose CommentsPermalink
‘(ii) The 0.4-mile segment from the Badger Creek Wilderness boundary to the point 0.4 miles downstream, as a scenic river.CommentsClose CommentsPermalink
‘(iii) The 7.9-mile segment from the point 0.4 miles downstream of the Badger Creek Wilderness boundary to the western edge of section 20, township 2 south, range 12 east as a wild river.CommentsClose CommentsPermalink
‘(iv) The 0.2-mile segment from the western edge of section 20, township 2 south, range 12 east, to the southern edge of the northwest quarter of the northwest quarter of section 20, township 2 south, range 12 east as a scenic river.CommentsClose CommentsPermalink
‘(B) INCLUSIONS- Notwithstanding section 3(b), the lateral boundaries of both the wild river area and the scenic river area along Fifteenmile 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.CommentsClose CommentsPermalink
‘(177) EAST FORK HOOD RIVER- The 13.5-mile segment of the East Fork Hood River from Oregon State Highway 35 to the Mount Hood National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river.CommentsClose CommentsPermalink
‘(178) COLLAWASH RIVER- The 17.8-mile segment of the Collawash River from the headwaters of the East Fork Collawash to the confluence of the mainstream of the Collawash River with the Clackamas River, to be administered by the Secretary of Agriculture in the following classes:CommentsClose CommentsPermalink
‘(A) The 11.0-mile segment from the headwaters of the East Fork Collawash River to Buckeye Creek, as a scenic river.CommentsClose CommentsPermalink
‘(B) The 6.8-mile segment from Buckeye Creek to the Clackamas River, as a recreational river.CommentsClose CommentsPermalink
‘(179) FISH CREEK- The 13.5-mile segment of Fish Creek from its headwaters to the confluence with the Clackamas River, to be administered by the Secretary of Agriculture as a recreational river.’.CommentsClose CommentsPermalink
(2) EFFECT- The amendments made by paragraph (1) do not affect valid existing water rights.CommentsClose CommentsPermalink
(b) Protection for Hood River, Oregon- Section 13(a)(4) of the ‘Columbia River Gorge National Scenic Area Act’ (
SEC. 124. MOUNT HOOD NATIONAL RECREATION AREA.
(a) Designation- To provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values, there is established the Mount Hood National Recreation Area within the Mount Hood National Forest.CommentsClose CommentsPermalink
(b) Boundary- The Mount Hood National Recreation Area shall consist of certain Federal land managed by the Forest Service and Bureau of Land Management, comprising approximately 34,550 acres, as generally depicted on the maps entitled ‘National Recreation Areas--Mount Hood NRA’, ‘National Recreation Areas--Fifteenmile Creek NRA’, and ‘National Recreation Areas--Shellrock Mountain’, dated February 2007.CommentsClose CommentsPermalink
(c) Map and Legal Description-CommentsClose CommentsPermalink
(1) SUBMISSION OF LEGAL DESCRIPTION- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Mount Hood National Recreation Area with--CommentsClose CommentsPermalink
(A) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(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 subtitle, except that the Secretary may correct typographical errors in the map and the legal description.CommentsClose CommentsPermalink
(3) PUBLIC AVAILABILITY- The 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.CommentsClose CommentsPermalink
(d) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink
(A) administer the Mount Hood National Recreation Area--CommentsClose CommentsPermalink
(i) in accordance with the laws (including regulations) and rules applicable to the National Forest System; andCommentsClose CommentsPermalink
(ii) consistent with the purposes described in subsection (a); andCommentsClose CommentsPermalink
(B) only allow uses of the Mount Hood National Recreation Area that are consistent with the purposes described in subsection (a).CommentsClose CommentsPermalink
(2) APPLICABLE LAW- Any portion of a wilderness area designated by section 122 that is located within the Mount Hood National Recreation Area shall be administered in accordance with the Wilderness Act (
(e) Timber- The cutting, sale, or removal of timber within the Mount Hood National Recreation Area may be permitted--CommentsClose CommentsPermalink
(1) to the extent necessary to improve the health of the forest in a manner that--CommentsClose CommentsPermalink
(A) maximizes the retention of large trees--CommentsClose CommentsPermalink
(i) as appropriate to the forest type; andCommentsClose CommentsPermalink
(ii) to the extent that the trees promote stands that are fire-resilient and healthy;CommentsClose CommentsPermalink
(B) improves the habitats of threatened, endangered, or sensitive species; orCommentsClose CommentsPermalink
(C) maintains or restores the composition and structure of the ecosystem by reducing the risk of uncharacteristic wildfire;CommentsClose CommentsPermalink
(2) to accomplish an approved management activity in furtherance of the purposes established by this section, if the cutting, sale, or removal of timber is incidental to the management activity; orCommentsClose CommentsPermalink
(3) for de minimus personal or administrative use within the Mount Hood National Recreation Area, where such use will not impair the purposes established by this section.CommentsClose CommentsPermalink
(f) Road Construction- No new or temporary roads shall be constructed or reconstructed within the Mount Hood National Recreation Area except as necessary--CommentsClose CommentsPermalink
(1) to protect the health and safety of individuals in cases of an imminent threat of flood, fire, or any other catastrophic event that, without intervention, would cause the loss of life or property;CommentsClose CommentsPermalink
(2) to conduct environmental cleanup required by the United States;CommentsClose CommentsPermalink
(3) to allow for the exercise of reserved or outstanding rights provided for by a statute or treaty;CommentsClose CommentsPermalink
(4) to prevent irreparable resource damage by an existing road; orCommentsClose CommentsPermalink
(5) to rectify a hazardous road condition.CommentsClose CommentsPermalink
(g) Withdrawal- Subject to valid existing rights, all Federal land within the Mount Hood National Recreation Area is withdrawn from--CommentsClose CommentsPermalink
(1) all forms of entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(3) disposition under all laws relating to mineral and geothermal leasing.CommentsClose CommentsPermalink
(h) Transfer of Administrative Jurisdiction-CommentsClose CommentsPermalink
(1) IN GENERAL- Administrative jurisdiction over the Federal land described in paragraph (2) is transferred from the Bureau of Land Management to the Forest Service.CommentsClose CommentsPermalink
(2) DESCRIPTION OF LAND- The land referred to in paragraph (1) is the approximately 130 acres of land administered by the Bureau of Land Management within or adjacent to the Mount Hood National Recreation Area that is identified as ‘BLM Lands’ on the map entitled ‘National Recreation Areas--Shellrock Mountain’, dated February 2007.CommentsClose CommentsPermalink
SEC. 125. PROTECTIONS FOR CRYSTAL SPRINGS, UPPER BIG BOTTOM, AND CULTUS CREEK.
(a) Crystal Springs Watershed Special Resources Management Unit-CommentsClose CommentsPermalink
(1) ESTABLISHMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- On completion of the land exchange under section 126(a)(2), there shall be established a special resources management unit in the State consisting of certain Federal land managed by the Forest Service, as generally depicted on the map entitled ‘Crystal Springs Watershed Special Resources Management Unit’, dated June 2006 (referred to in this subsection as the ‘map’), to be known as the ‘Crystal Springs Watershed Special Resources Management Unit’ (referred to in this subsection as the ‘Management Unit’).CommentsClose CommentsPermalink
(B) EXCLUSION OF CERTAIN LAND- The Management Unit does not include any National Forest System land otherwise covered by subparagraph (A) that is designated as wilderness by section 122.CommentsClose CommentsPermalink
(C) WITHDRAWAL-CommentsClose CommentsPermalink
(i) IN GENERAL- Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as the Management Unit is withdrawn from all forms of--CommentsClose CommentsPermalink
(I) entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(II) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(III) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.CommentsClose CommentsPermalink
(ii) EXCEPTION- Clause (i)(I) does not apply to the parcel of land generally depicted as ‘HES 151’ on the map.CommentsClose CommentsPermalink
(2) PURPOSES- The purposes of the Management Unit are--CommentsClose CommentsPermalink
(A) to ensure the protection of the quality and quantity of the Crystal Springs watershed as a clean drinking water source for the residents of Hood River County, Oregon; andCommentsClose CommentsPermalink
(B) to allow visitors to enjoy the special scenic, natural, cultural, and wildlife values of the Crystal Springs watershed.CommentsClose CommentsPermalink
(3) MAP AND LEGAL DESCRIPTION-CommentsClose CommentsPermalink
(A) SUBMISSION OF LEGAL DESCRIPTION- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Management Unit with--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(B) FORCE OF LAW- The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and legal description.CommentsClose CommentsPermalink
(C) PUBLIC AVAILABILITY- The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.CommentsClose CommentsPermalink
(4) ADMINISTRATION-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink
(i) administer the Management Unit--CommentsClose CommentsPermalink
(I) in accordance with the laws (including regulations) and rules applicable to units of the National Forest System; andCommentsClose CommentsPermalink
(II) consistent with the purposes described in paragraph (2); andCommentsClose CommentsPermalink
(ii) only allow uses of the Management Unit that are consistent with the purposes described in paragraph (2).CommentsClose CommentsPermalink
(B) FUEL REDUCTION IN PROXIMITY TO IMPROVEMENTS AND PRIMARY PUBLIC ROADS- To protect the water quality, water quantity, and scenic, cultural, natural, and wildlife values of the Management Unit, the Secretary may conduct fuel reduction and forest health management treatments to maintain and restore fire-resilient forest structures containing late successional forest structure characterized by large trees and multistoried canopies, as ecologically appropriate, on National Forest System land in the Management Unit--CommentsClose CommentsPermalink
(i) in any area located not more than 400 feet from structures located on--CommentsClose CommentsPermalink
(I) National Forest System land; orCommentsClose CommentsPermalink
(II) private land adjacent to National Forest System land;CommentsClose CommentsPermalink
(ii) in any area located not more than 400 feet from the Cooper Spur Road, the Cloud Cap Road, or the Cooper Spur Ski Area Loop Road; andCommentsClose CommentsPermalink
(iii) on any other National Forest System land in the Management Unit, with priority given to activities that restore previously harvested stands, including the removal of logging slash, smaller diameter material, and ladder fuels.CommentsClose CommentsPermalink
(5) PROHIBITED ACTIVITIES- Subject to valid existing rights, the following activities shall be prohibited on National Forest System land in the Management Unit:CommentsClose CommentsPermalink
(A) New road construction or renovation of existing non-System roads, except as necessary to protect public health and safety.CommentsClose CommentsPermalink
(B) Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted to further the purposes described in paragraph (2)).CommentsClose CommentsPermalink
(C) Commercial livestock grazing.CommentsClose CommentsPermalink
(D) The placement of new fuel storage tanks.CommentsClose CommentsPermalink
(E) Except to the extent necessary to further the purposes described in paragraph (2), the application of any toxic chemicals (other than fire retardants), including pesticides, rodenticides, or herbicides.CommentsClose CommentsPermalink
(6) FOREST ROAD CLOSURES-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraph (B), the Secretary may provide for the closure or gating to the general public of any Forest Service road within the Management Unit.CommentsClose CommentsPermalink
(B) EXCEPTION- Nothing in this subsection requires the Secretary to close the road commonly known as ‘Cloud Cap Road’, which shall be administered in accordance with otherwise applicable law.CommentsClose CommentsPermalink
(7) PRIVATE LAND-CommentsClose CommentsPermalink
(A) EFFECT- Nothing in this subsection affects the use of, or access to, any private property within the area identified on the map as the ‘Crystal Springs Zone of Contribution’ by--CommentsClose CommentsPermalink
(i) the owners of the private property; andCommentsClose CommentsPermalink
(ii) guests to the private property.CommentsClose CommentsPermalink
(B) COOPERATION- The Secretary is encouraged to work with private landowners who have agreed to cooperate with the Secretary to further the purposes of this subsection.CommentsClose CommentsPermalink
(8) ACQUISITION OF LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary may acquire from willing landowners any land located within the area identified on the map as the ‘Crystal Springs Zone of Contribution’.CommentsClose CommentsPermalink
(B) INCLUSION IN MANAGEMENT UNIT- On the date of acquisition, any land acquired under subparagraph (A) shall be incorporated in, and be managed as part of, the Management Unit.CommentsClose CommentsPermalink
(b) Protections for Upper Big Bottom and Cultus Creek-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall manage the Federal land administered by the Forest Service described in paragraph (2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use.CommentsClose CommentsPermalink
(2) DESCRIPTION OF LAND- The Federal land referred to in paragraph (1) is--CommentsClose CommentsPermalink
(A) the approximately 1,580 acres, as generally depicted on the map entitled ‘Upper Big Bottom’, dated July 16, 2007; andCommentsClose CommentsPermalink
(B) the approximately 280 acres identified as ‘Cultus Creek’ on the map entitled ‘Clackamas Wilderness--South Fork Clackamas’, dated July 16, 2007.CommentsClose CommentsPermalink
(3) MAPS AND LEGAL DESCRIPTIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the Federal land described in paragraph (2) with--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(B) FORCE OF LAW- The maps and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions.CommentsClose CommentsPermalink
(C) PUBLIC AVAILABILITY- Each map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.CommentsClose CommentsPermalink
(4) USE OF LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the Secretary shall only allow uses that are consistent with the purposes identified in paragraph (1).CommentsClose CommentsPermalink
(B) PROHIBITED USES- The following shall be prohibited on the Federal land described in paragraph (2):CommentsClose CommentsPermalink
(i) Permanent roads.CommentsClose CommentsPermalink
(ii) Commercial enterprises.CommentsClose CommentsPermalink
(iii) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety--CommentsClose CommentsPermalink
(I) the use of motor vehicles; orCommentsClose CommentsPermalink
(II) the establishment of temporary roads.CommentsClose CommentsPermalink
(5) WITHDRAWAL- Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from--CommentsClose CommentsPermalink
(A) all forms of entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(B) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(C) disposition under all laws relating to mineral and geothermal leasing.CommentsClose CommentsPermalink
SEC. 126. LAND EXCHANGES.
(a) Cooper Spur-Government Camp Land Exchange-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) COUNTY- The term ‘County’ means Hood River County, Oregon.CommentsClose CommentsPermalink
(B) EXCHANGE MAP- The term ‘exchange map’ means the map entitled ‘Cooper Spur/Government Camp Land Exchange’, dated June 2006.CommentsClose CommentsPermalink
(C) FEDERAL LAND- The term ‘Federal land’ means the approximately 120 acres of National Forest System land in the Mount Hood National Forest in Government Camp, Clackamas County, Oregon, identified as ‘USFS Land to be Conveyed’ on the exchange map.CommentsClose CommentsPermalink
(D) MT. HOOD MEADOWS- The term ‘Mt. Hood Meadows’ means the Mt. Hood Meadows Oregon, Limited Partnership.CommentsClose CommentsPermalink
(E) NON-FEDERAL LAND- The term ‘non-Federal land’ means--CommentsClose CommentsPermalink
(i) the parcel of approximately 770 acres of private land at Cooper Spur identified as ‘Land to be acquired by USFS’ on the exchange map; andCommentsClose CommentsPermalink
(ii) any buildings, furniture, fixtures, and equipment at the Inn at Cooper Spur and the Cooper Spur Ski Area covered by an appraisal described in paragraph (2)(D).CommentsClose CommentsPermalink
(2) COOPER SPUR-GOVERNMENT CAMP LAND EXCHANGE-CommentsClose CommentsPermalink
(A) CONVEYANCE OF LAND- Subject to the provisions of this subsection, if Mt. Hood Meadows offers to convey to the United States all right, title, and interest of Mt. Hood Meadows in and to the non-Federal land, the Secretary shall convey to Mt. Hood Meadows all right, title, and interest of the United States in and to the Federal land (other than any easements reserved under subparagraph (G)), subject to valid existing rights.CommentsClose CommentsPermalink
(B) COMPLIANCE WITH EXISTING LAW- Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (
(C) CONDITIONS ON ACCEPTANCE-CommentsClose CommentsPermalink
(i) TITLE- As a condition of the land exchange under this subsection, title to the non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary.CommentsClose CommentsPermalink
(ii) TERMS AND CONDITIONS- The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.CommentsClose CommentsPermalink
(D) APPRAISALS-CommentsClose CommentsPermalink
(i) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary and Mt. Hood Meadows shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.CommentsClose CommentsPermalink
(ii) REQUIREMENTS- An appraisal under clause (i) shall be conducted in accordance with nationally recognized appraisal standards, including--CommentsClose CommentsPermalink
(I) the Uniform Appraisal Standards for Federal Land Acquisitions; andCommentsClose CommentsPermalink
(II) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink
(E) SURVEYS-CommentsClose CommentsPermalink
(i) IN GENERAL- The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink
(ii) COSTS- The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Mt. Hood Meadows.CommentsClose CommentsPermalink
(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE- It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(G) RESERVATION OF EASEMENTS- As a condition of the conveyance of the Federal land, the Secretary shall reserve--CommentsClose CommentsPermalink
(i) a conservation easement to the Federal land to protect existing wetland, as identified by the Oregon Department of State Lands, that allows equivalent wetland mitigation measures to compensate for minor wetland encroachments necessary for the orderly development of the Federal land; andCommentsClose CommentsPermalink
(ii) a trail easement to the Federal land that allows--CommentsClose CommentsPermalink
(I) nonmotorized use by the public of existing trails;CommentsClose CommentsPermalink
(II) roads, utilities, and infrastructure facilities to cross the trails; andCommentsClose CommentsPermalink
(III) improvement or relocation of the trails to accommodate development of the Federal land.CommentsClose CommentsPermalink
(b) Port of Cascade Locks Land Exchange-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) EXCHANGE MAP- The term ‘exchange map’ means the map entitled ‘Port of Cascade Locks/Pacific Crest National Scenic Trail Land Exchange’, dated June 2006.CommentsClose CommentsPermalink
(B) FEDERAL LAND- The term ‘Federal land’ means the parcel of land consisting of approximately 10 acres of National Forest System land in the Columbia River Gorge National Scenic Area identified as ‘USFS Land to be conveyed’ on the exchange map.CommentsClose CommentsPermalink
(C) NON-FEDERAL LAND- The term ‘non-Federal land’ means the parcels of land consisting of approximately 40 acres identified as ‘Land to be acquired by USFS’ on the exchange map.CommentsClose CommentsPermalink
(D) PORT- The term ‘Port’ means the Port of Cascade Locks, Cascade Locks, Oregon.CommentsClose CommentsPermalink
(2) LAND EXCHANGE, PORT OF CASCADE LOCKS-PACIFIC CREST NATIONAL SCENIC TRAIL-CommentsClose CommentsPermalink
(A) CONVEYANCE OF LAND- Subject to the provisions of this subsection, if the Port offers to convey to the United States all right, title, and interest of the Port in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the Port all right, title, and interest of the United States in and to the Federal land.CommentsClose CommentsPermalink
(B) COMPLIANCE WITH EXISTING LAW- Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (
(3) CONDITIONS ON ACCEPTANCE-CommentsClose CommentsPermalink
(A) TITLE- As a condition of the land exchange under this subsection, title to the non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary.CommentsClose CommentsPermalink
(B) TERMS AND CONDITIONS- The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.CommentsClose CommentsPermalink
(4) APPRAISALS-CommentsClose CommentsPermalink
(A) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.CommentsClose CommentsPermalink
(B) REQUIREMENTS- An appraisal under subparagraph (A) shall be conducted in accordance with nationally recognized appraisal standards, including--CommentsClose CommentsPermalink
(i) the Uniform Appraisal Standards for Federal Land Acquisitions; andCommentsClose CommentsPermalink
(ii) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink
(5) SURVEYS-CommentsClose CommentsPermalink
(A) IN GENERAL- The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink
(B) COSTS- The responsibility for the costs of any surveys conducted under subparagraph (A), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the Port.CommentsClose CommentsPermalink
(6) DEADLINE FOR COMPLETION OF LAND EXCHANGE- It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Hunchback Mountain Land Exchange and Boundary Adjustment-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
(A) COUNTY- The term ‘County’ means Clackamas County, Oregon.CommentsClose CommentsPermalink
(B) EXCHANGE MAP- The term ‘exchange map’ means the map entitled ‘Hunchback Mountain Land Exchange, Clackamas County’, dated June 2006.CommentsClose CommentsPermalink
(C) FEDERAL LAND- The term ‘Federal land’ means the parcel of land consisting of approximately 160 acres of National Forest System land in the Mount Hood National Forest identified as ‘USFS Land to be Conveyed’ on the exchange map.CommentsClose CommentsPermalink
(D) NON-FEDERAL LAND- The term ‘non-Federal land’ means the parcel of land consisting of approximately 160 acres identified as ‘Land to be acquired by USFS’ on the exchange map.CommentsClose CommentsPermalink
(2) HUNCHBACK MOUNTAIN LAND EXCHANGE-CommentsClose CommentsPermalink
(A) CONVEYANCE OF LAND- Subject to the provisions of this paragraph, if the County offers to convey to the United States all right, title, and interest of the County in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the County all right, title, and interest of the United States in and to the Federal land.CommentsClose CommentsPermalink
(B) COMPLIANCE WITH EXISTING LAW- Except as otherwise provided in this paragraph, the Secretary shall carry out the land exchange under this paragraph in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (
(C) CONDITIONS ON ACCEPTANCE-CommentsClose CommentsPermalink
(i) TITLE- As a condition of the land exchange under this paragraph, title to the non-Federal land to be acquired by the Secretary under this paragraph shall be acceptable to the Secretary.CommentsClose CommentsPermalink
(ii) TERMS AND CONDITIONS- The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.CommentsClose CommentsPermalink
(D) APPRAISALS-CommentsClose CommentsPermalink
(i) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.CommentsClose CommentsPermalink
(ii) REQUIREMENTS- An appraisal under clause (i) shall be conducted in accordance with nationally recognized appraisal standards, including--CommentsClose CommentsPermalink
(I) the Uniform Appraisal Standards for Federal Land Acquisitions; andCommentsClose CommentsPermalink
(II) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink
(E) SURVEYS-CommentsClose CommentsPermalink
(i) IN GENERAL- The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink
(ii) COSTS- The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the County.CommentsClose CommentsPermalink
(F) DEADLINE FOR COMPLETION OF LAND EXCHANGE- It is the intent of Congress that the land exchange under this paragraph shall be completed not later than 16 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(3) BOUNDARY ADJUSTMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The boundary of the Mount Hood National Forest shall be adjusted to incorporate--CommentsClose CommentsPermalink
(i) any land conveyed to the United States under paragraph (2); andCommentsClose CommentsPermalink
(ii) the land transferred to the Forest Service by section 124(h)(1).CommentsClose CommentsPermalink
(B) ADDITIONS TO THE NATIONAL FOREST SYSTEM- The Secretary shall administer the land described in subparagraph (A)--CommentsClose CommentsPermalink
(i) in accordance with--CommentsClose CommentsPermalink
(I) the Act of March 1, 1911 (commonly known as the ‘Weeks Law’) (
(II) any laws (including regulations) applicable to the National Forest System; andCommentsClose CommentsPermalink
(ii) subject to sections 122(c)(3) and 124(d), as applicable.CommentsClose CommentsPermalink
(C) LAND AND WATER CONSERVATION FUND- For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (
(d) Conditions on Development of Federal Land-CommentsClose CommentsPermalink
(1) REQUIREMENTS APPLICABLE TO THE CONVEYANCE OF FEDERAL LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- As a condition of each of the conveyances of Federal land under this section, the Secretary shall include in the deed of conveyance a requirement that applicable construction activities and alterations shall be conducted in accordance with--CommentsClose CommentsPermalink
(i) nationally recognized building and property maintenance codes; andCommentsClose CommentsPermalink
(ii) nationally recognized codes for development in the wildland-urban interface and wildfire hazard mitigation.CommentsClose CommentsPermalink
(B) APPLICABLE LAW- To the maximum extent practicable, the codes required under subparagraph (A) shall be consistent with the nationally recognized codes adopted or referenced by the State or political subdivisions of the State.CommentsClose CommentsPermalink
(C) ENFORCEMENT- The requirements under subparagraph (A) may be enforced by the same entities otherwise enforcing codes, ordinances, and standards.CommentsClose CommentsPermalink
(2) COMPLIANCE WITH CODES ON FEDERAL LAND- The Secretary shall ensure that applicable construction activities and alterations undertaken or permitted by the Secretary on National Forest System land in the Mount Hood National Forest are conducted in accordance with--CommentsClose CommentsPermalink
(A) nationally recognized building and property maintenance codes; andCommentsClose CommentsPermalink
(B) nationally recognized codes for development in the wildland-urban interface development and wildfire hazard mitigation.CommentsClose CommentsPermalink
(3) EFFECT ON ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS- Nothing in this subsection alters or limits the power of the State or a political subdivision of the State to implement or enforce any law (including regulations), rule, or standard relating to development or fire prevention and control.CommentsClose CommentsPermalink
SEC. 127. TRIBAL PROVISIONS; PLANNING AND STUDIES.
(a) Transportation Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall seek to participate in the development of an integrated, multimodal transportation plan developed by the Oregon Department of Transportation for the Mount Hood region to achieve comprehensive solutions to transportation challenges in the Mount Hood region--CommentsClose CommentsPermalink
(A) to promote appropriate economic development;CommentsClose CommentsPermalink
(B) to preserve the landscape of the Mount Hood region; andCommentsClose CommentsPermalink
(C) to enhance public safety.CommentsClose CommentsPermalink
(2) ISSUES TO BE ADDRESSED- In participating in the development of the transportation plan under paragraph (1), the Secretary shall seek to address--CommentsClose CommentsPermalink
(A) transportation alternatives between and among recreation areas and gateway communities that are located within the Mount Hood region;CommentsClose CommentsPermalink
(B) establishing park-and-ride facilities that shall be located at gateway communities;CommentsClose CommentsPermalink
(C) establishing intermodal transportation centers to link public transportation, parking, and recreation destinations;CommentsClose CommentsPermalink
(D) creating a new interchange on Oregon State Highway 26 located adjacent to or within Government Camp;CommentsClose CommentsPermalink
(E) designating, maintaining, and improving alternative routes using Forest Service or State roads for--CommentsClose CommentsPermalink
(i) providing emergency routes; orCommentsClose CommentsPermalink
(ii) improving access to, and travel within, the Mount Hood region;CommentsClose CommentsPermalink
(F) the feasibility of establishing--CommentsClose CommentsPermalink
(i) a gondola connection that--CommentsClose CommentsPermalink
(I) connects Timberline Lodge to Government Camp; andCommentsClose CommentsPermalink
(II) is located in close proximity to the site of the historic gondola corridor; andCommentsClose CommentsPermalink
(ii) an intermodal transportation center to be located in close proximity to Government Camp;CommentsClose CommentsPermalink
(G) burying power lines located in, or adjacent to, the Mount Hood National Forest along Interstate 84 near the City of Cascade Locks, Oregon; andCommentsClose CommentsPermalink
(H) creating mechanisms for funding the implementation of the transportation plan under paragraph (1), including--CommentsClose CommentsPermalink
(i) funds provided by the Federal Government;CommentsClose CommentsPermalink
(ii) public-private partnerships;CommentsClose CommentsPermalink
(iii) incremental tax financing; andCommentsClose CommentsPermalink
(iv) other financing tools that link transportation infrastructure improvements with development.CommentsClose CommentsPermalink
(b) Mount Hood National Forest Stewardship Strategy-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall prepare a report on, and implementation schedule for, the vegetation management strategy (including recommendations for biomass utilization) for the Mount Hood National Forest being developed by the Forest Service.CommentsClose CommentsPermalink
(2) SUBMISSION TO CONGRESS-CommentsClose CommentsPermalink
(A) REPORT- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit the report to--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(B) IMPLEMENTATION SCHEDULE- Not later than 1 year after the date on which the vegetation management strategy referred to in paragraph (1) is completed, the Secretary shall submit the implementation schedule to--CommentsClose CommentsPermalink
(i) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(c) Local and Tribal Relationships-CommentsClose CommentsPermalink
(1) MANAGEMENT PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary, in consultation with Indian tribes with treaty-reserved gathering rights on land encompassed by the Mount Hood National Forest and in a manner consistent with the memorandum of understanding entered into between the Department of Agriculture, the Bureau of Land Management, the Bureau of Indian Affairs, and the Confederated Tribes of the Warm Springs Reservation of Oregon, dated April 25, 2003, as modified, shall develop and implement a management plan that meets the cultural foods obligations of the United States under applicable treaties, including the Treaty with the Tribes of Middle Oregon of June 25, 1855 (12 Stat. 963).CommentsClose CommentsPermalink
(B) EFFECT- This paragraph shall be considered to be consistent with, and is intended to implement, the gathering rights reserved by the treaty described in subparagraph (A).CommentsClose CommentsPermalink
(2) SAVINGS PROVISIONS REGARDING RELATIONS WITH INDIAN TRIBES-CommentsClose CommentsPermalink
(A) TREATY RIGHTS- Nothing in this subtitle alters, modifies, enlarges, diminishes, or extinguishes the treaty rights of any Indian tribe, including the off-reservation reserved rights established by the Treaty with the Tribes of Middle Oregon of June 25, 1855 (12 Stat. 963).CommentsClose CommentsPermalink
(B) TRIBAL LAND- Nothing in this subtitle affects land held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes or other land acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of Indian tribes and individual members of Indian tribes.CommentsClose CommentsPermalink
(d) Recreational Uses-CommentsClose CommentsPermalink
(1) MOUNT HOOD NATIONAL FOREST RECREATIONAL WORKING GROUP- The Secretary may establish a working group for the purpose of providing advice and recommendations to the Forest Service on planning and implementing recreation enhancements in the Mount Hood National Forest.CommentsClose CommentsPermalink
(2) CONSIDERATION OF CONVERSION OF FOREST ROADS TO RECREATIONAL USES- In considering a Forest Service road in the Mount Hood National Forest for possible closure and decommissioning after the date of enactment of this Act, the Secretary, in accordance with applicable law, shall consider, as an alternative to decommissioning the road, converting the road to recreational uses to enhance recreational opportunities in the Mount Hood National Forest.CommentsClose CommentsPermalink
(3) IMPROVED TRAIL ACCESS FOR PERSONS WITH DISABILITIES- The Secretary, in consultation with the public, may design and construct a trail at a location selected by the Secretary in Mount Hood National Forest suitable for use by persons with disabilities.CommentsClose CommentsPermalink
Subtitle D--Copper Salmon Wilderness, OregonCommentsClose CommentsPermalink
SEC. 131. DESIGNATION OF THE COPPER SALMON WILDERNESS.
(a) Designation- Section 3 of the Oregon Wilderness Act of 1984 (
(1) in the matter preceding paragraph (1), by striking ‘eight hundred fifty-nine thousand six hundred acres’ and inserting ‘873,300 acres’;CommentsClose CommentsPermalink
(2) in paragraph (29), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(30) certain land in the Siskiyou National Forest, comprising approximately 13,700 acres, as generally depicted on the map entitled ‘Proposed Copper Salmon Wilderness Area’ and dated December 7, 2007, to be known as the ‘Copper Salmon Wilderness’.’.CommentsClose CommentsPermalink
(b) Maps and Legal Description-CommentsClose CommentsPermalink
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture (referred to in this subtitle as the ‘Secretary’) shall file a map and a legal description of the Copper Salmon Wilderness with--CommentsClose CommentsPermalink
(A) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(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 subtitle, except that the Secretary may correct typographical errors in the map and legal description.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 132. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, OREGON.
Section 3(a)(76) of the Wild and Scenic Rivers Act (
(1) in the matter preceding subparagraph (A), by striking ‘19-mile segment’ and inserting ‘29-mile segment’;CommentsClose CommentsPermalink
(2) in subparagraph (A), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(3) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 133. PROTECTION OF TRIBAL RIGHTS.
(a) In General- Nothing in this subtitle shall be construed as diminishing any right of any Indian tribe.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Subtitle E--Cascade-Siskiyou National Monument, OregonCommentsClose CommentsPermalink
SEC. 141. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) BOX R RANCH LAND EXCHANGE MAP- The term ‘Box R Ranch land exchange map’ means the map entitled ‘Proposed Rowlett Land Exchange’ and dated June 13, 2006.CommentsClose CommentsPermalink
(2) BUREAU OF LAND MANAGEMENT LAND- The term ‘Bureau of Land Management land’ means the approximately 40 acres of land administered by the Bureau of Land Management identified as ‘Rowlett Selected’, as generally depicted on the Box R Ranch land exchange map.CommentsClose CommentsPermalink
(3) DEERFIELD LAND EXCHANGE MAP- The term ‘Deerfield land exchange map’ means the map entitled ‘Proposed Deerfield-BLM Property Line Adjustment’ and dated May 1, 2008.CommentsClose CommentsPermalink
(4) DEERFIELD PARCEL- The term ‘Deerfield parcel’ means the approximately 1.5 acres of land identified as ‘From Deerfield to BLM’, as generally depicted on the Deerfield land exchange map.CommentsClose CommentsPermalink
(5) FEDERAL PARCEL- The term ‘Federal parcel’ means the approximately 1.3 acres of land administered by the Bureau of Land Management identified as ‘From BLM to Deerfield’, as generally depicted on the Deerfield land exchange map.CommentsClose CommentsPermalink
(6) GRAZING ALLOTMENT- The term ‘grazing allotment’ means any of the Box R, Buck Lake, Buck Mountain, Buck Point, Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly, Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and Soda Mountain grazing allotments in the State.CommentsClose CommentsPermalink
(7) GRAZING LEASE- The term ‘grazing lease’ means any document authorizing the use of a grazing allotment for the purpose of grazing livestock for commercial purposes.CommentsClose CommentsPermalink
(8) LANDOWNER- The term ‘Landowner’ means the owner of the Box R Ranch in the State.CommentsClose CommentsPermalink
(9) LESSEE- The term ‘lessee’ means a livestock operator that holds a valid existing grazing lease for a grazing allotment.CommentsClose CommentsPermalink
(10) LIVESTOCK- The term ‘livestock’ does not include beasts of burden used for recreational purposes.CommentsClose CommentsPermalink
(11) MONUMENT- The term ‘Monument’ means the Cascade-Siskiyou National Monument in the State.CommentsClose CommentsPermalink
(12) ROWLETT PARCEL- The term ‘Rowlett parcel’ means the parcel of approximately 40 acres of private land identified as ‘Rowlett Offered’, as generally depicted on the Box R Ranch land exchange map.CommentsClose CommentsPermalink
(13) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(14) STATE- The term ‘State’ means the State of Oregon.CommentsClose CommentsPermalink
(15) WILDERNESS- The term ‘Wilderness’ means the Soda Mountain Wilderness designated by section 145(a).CommentsClose CommentsPermalink
(16) WILDERNESS MAP- The term ‘wilderness map’ means the map entitled ‘Soda Mountain Wilderness’ and dated May 5, 2008.CommentsClose CommentsPermalink
SEC. 142. VOLUNTARY GRAZING LEASE DONATION PROGRAM.
(a) Existing Grazing Leases-CommentsClose CommentsPermalink
(1) DONATION OF LEASE-CommentsClose CommentsPermalink
(A) ACCEPTANCE BY SECRETARY- The Secretary shall accept any grazing lease that is donated by a lessee.CommentsClose CommentsPermalink
(B) TERMINATION- The Secretary shall terminate any grazing lease acquired under subparagraph (A).CommentsClose CommentsPermalink
(C) NO NEW GRAZING LEASE- Except as provided in paragraph (3), with respect to each grazing lease donated under subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink
(i) not issue any new grazing lease within the grazing allotment covered by the grazing lease; andCommentsClose CommentsPermalink
(ii) ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing lease.CommentsClose CommentsPermalink
(2) DONATION OF PORTION OF GRAZING LEASE-CommentsClose CommentsPermalink
(A) IN GENERAL- A lessee with a grazing lease for a grazing allotment partially within the Monument may elect to donate only that portion of the grazing lease that is within the Monument.CommentsClose CommentsPermalink
(B) ACCEPTANCE BY SECRETARY- The Secretary shall accept the portion of a grazing lease that is donated under subparagraph (A).CommentsClose CommentsPermalink
(C) MODIFICATION OF LEASE- Except as provided in paragraph (3), if a lessee donates a portion of a grazing lease under subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink
(i) reduce the authorized grazing level and area to reflect the donation; andCommentsClose CommentsPermalink
(ii) modify the grazing lease to reflect the reduced level and area of use.CommentsClose CommentsPermalink
(D) AUTHORIZED LEVEL- To ensure that there is a permanent reduction in the level and area of livestock grazing on the land covered by a portion of a grazing lease donated under subparagraph (A), the Secretary shall not allow grazing to exceed the authorized level and area established under subparagraph (C).CommentsClose CommentsPermalink
(3) COMMON ALLOTMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- If a grazing allotment covered by a grazing lease or portion of a grazing lease that is donated under paragraph (1) or (2) also is covered by another grazing lease that is not donated, the Secretary shall reduce the grazing level on the grazing allotment to reflect the donation.CommentsClose CommentsPermalink
(B) AUTHORIZED LEVEL- To ensure that there is a permanent reduction in the level of livestock grazing on the land covered by the grazing lease or portion of a grazing lease donated under paragraph (1) or (2), the Secretary shall not allow grazing to exceed the level established under subparagraph (A).CommentsClose CommentsPermalink
(b) Limitations- The Secretary--CommentsClose CommentsPermalink
(1) with respect to the Agate, Emigrant Creek, and Siskiyou allotments in and near the Monument--CommentsClose CommentsPermalink
(A) shall not issue any grazing lease; andCommentsClose CommentsPermalink
(B) shall ensure a permanent end to livestock grazing on each allotment; andCommentsClose CommentsPermalink
(2) shall not establish any new allotments for livestock grazing that include any Monument land (whether leased or not leased for grazing on the date of enactment of this Act).CommentsClose CommentsPermalink
(c) Effect of Donation- A lessee who donates a grazing lease or a portion of a grazing lease under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable.CommentsClose CommentsPermalink
SEC. 143. BOX R RANCH LAND EXCHANGE.
(a) In General- For the purpose of protecting and consolidating Federal land within the Monument, the Secretary--CommentsClose CommentsPermalink
(1) may offer to convey to the Landowner the Bureau of Land Management land in exchange for the Rowlett parcel; andCommentsClose CommentsPermalink
(2) if the Landowner accepts the offer--CommentsClose CommentsPermalink
(A) the Secretary shall convey to the Landowner all right, title, and interest of the United States in and to the Bureau of Land Management land; andCommentsClose CommentsPermalink
(B) the Landowner shall convey to the Secretary all right, title, and interest of the Landowner in and to the Rowlett parcel.CommentsClose CommentsPermalink
(b) Surveys-CommentsClose CommentsPermalink
(1) IN GENERAL- The exact acreage and legal description of the Bureau of Land Management land and the Rowlett parcel shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink
(2) COSTS- The responsibility for the costs of any surveys conducted under paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the Landowner.CommentsClose CommentsPermalink
(c) Conditions- The conveyance of the Bureau of Land Management land and the Rowlett parcel under this section shall be subject to--CommentsClose CommentsPermalink
(1) valid existing rights;CommentsClose CommentsPermalink
(2) title to the Rowlett parcel being acceptable to the Secretary and in conformance with the title approval standards applicable to Federal land acquisitions;CommentsClose CommentsPermalink
(3) such terms and conditions as the Secretary may require; andCommentsClose CommentsPermalink
(4) except as otherwise provided in this section, any laws (including regulations) applicable to the conveyance and acquisition of land by the Bureau of Land Management.CommentsClose CommentsPermalink
(d) Appraisals-CommentsClose CommentsPermalink
(1) IN GENERAL- The Bureau of Land Management land and the Rowlett parcel shall be appraised by an independent appraiser selected by the Secretary.CommentsClose CommentsPermalink
(2) REQUIREMENTS- An appraisal conducted under paragraph (1) shall be conducted in accordance with--CommentsClose CommentsPermalink
(A) the Uniform Appraisal Standards for Federal Land Acquisition; andCommentsClose CommentsPermalink
(B) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink
(3) APPROVAL- The appraisals conducted under this subsection shall be submitted to the Secretary for approval.CommentsClose CommentsPermalink
(e) Grazing Allotment- As a condition of the land exchange authorized under this section, the lessee of the grazing lease for the Box R grazing allotment shall donate the Box R grazing lease in accordance with section 142(a)(1).CommentsClose CommentsPermalink
SEC. 144. DEERFIELD LAND EXCHANGE.
(a) In General- For the purpose of protecting and consolidating Federal land within the Monument, the Secretary--CommentsClose CommentsPermalink
(1) may offer to convey to Deerfield Learning Associates the Federal parcel in exchange for the Deerfield parcel; andCommentsClose CommentsPermalink
(2) if Deerfield Learning Associates accepts the offer--CommentsClose CommentsPermalink
(A) the Secretary shall convey to Deerfield Learning Associates all right, title, and interest of the United States in and to the Federal parcel; andCommentsClose CommentsPermalink
(B) Deerfield Learning Associates shall convey to the Secretary all right, title, and interest of Deerfield Learning Associates in and to the Deerfield parcel.CommentsClose CommentsPermalink
(b) Surveys-CommentsClose CommentsPermalink
(1) IN GENERAL- The exact acreage and legal description of the Federal parcel and the Deerfield parcel shall be determined by surveys approved by the Secretary.CommentsClose CommentsPermalink
(2) COSTS- The responsibility for the costs of any surveys conducted under paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Deerfield Learning Associates.CommentsClose CommentsPermalink
(c) Conditions-CommentsClose CommentsPermalink
(1) IN GENERAL- The conveyance of the Federal parcel and the Deerfield parcel under this section shall be subject to--CommentsClose CommentsPermalink
(A) valid existing rights;CommentsClose CommentsPermalink
(B) title to the Deerfield parcel being acceptable to the Secretary and in conformance with the title approval standards applicable to Federal land acquisitions;CommentsClose CommentsPermalink
(C) such terms and conditions as the Secretary may require; andCommentsClose CommentsPermalink
(D) except as otherwise provided in this section, any laws (including regulations) applicable to the conveyance and acquisition of land by the Bureau of Land Management.CommentsClose CommentsPermalink
(d) Appraisals-CommentsClose CommentsPermalink
(1) IN GENERAL- The Federal parcel and the Deerfield parcel shall be appraised by an independent appraiser selected by the Secretary.CommentsClose CommentsPermalink
(2) REQUIREMENTS- An appraisal conducted under paragraph (1) shall be conducted in accordance with--CommentsClose CommentsPermalink
(A) the Uniform Appraisal Standards for Federal Land Acquisition; andCommentsClose CommentsPermalink
(B) the Uniform Standards of Professional Appraisal Practice.CommentsClose CommentsPermalink
(3) APPROVAL- The appraisals conducted under this subsection shall be submitted to the Secretary for approval.CommentsClose CommentsPermalink
SEC. 145. SODA MOUNTAIN WILDERNESS.
(a) Designation- In accordance with the Wilderness Act (
(b) Map and Legal Description-CommentsClose CommentsPermalink
(1) SUBMISSION OF MAP AND LEGAL DESCRIPTION- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Wilderness with--CommentsClose CommentsPermalink
(A) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
(2) FORCE AND EFFECT-CommentsClose CommentsPermalink
(A) IN GENERAL- The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical error in the map or legal description.CommentsClose CommentsPermalink
(B) NOTIFICATION- The Secretary shall submit to Congress notice of any changes made in the map or legal description under subparagraph (A), including notice of the reason for the change.CommentsClose CommentsPermalink
(3) PUBLIC AVAILABILITY- The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink
(c) Administration of Wilderness-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (
(A) any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.CommentsClose CommentsPermalink
(2) FIRE, INSECT, AND DISEASE MANAGEMENT ACTIVITIES- Except as provided by Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247), within the wilderness areas designated by this subtitle, the Secretary may take such measures in accordance with section 4(d)(1) of the Wilderness Act (
(3) LIVESTOCK- Except as provided in section 142 and by Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247), the grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary in accordance with--CommentsClose CommentsPermalink
(A) section 4(d)(4) of the Wilderness Act (
(B) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405).CommentsClose CommentsPermalink
(4) FISH AND WILDLIFE MANAGEMENT- In accordance with section 4(d)(7) of the Wilderness Act (
(5) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Any land or interest in land within the boundary of the Wilderness that is acquired by the United States shall--CommentsClose CommentsPermalink
(A) become part of the Wilderness; andCommentsClose CommentsPermalink
(B) be managed in accordance with this subtitle, the Wilderness Act (
SEC. 146. EFFECT.
Nothing in this subtitle--CommentsClose CommentsPermalink
(1) affects the authority of a Federal agency to modify or terminate grazing permits or leases, except as provided in section 142;CommentsClose CommentsPermalink
(2) authorizes the use of eminent domain;CommentsClose CommentsPermalink
(3) creates a property right in any grazing permit or lease on Federal land;CommentsClose CommentsPermalink
(4) establishes a precedent for future grazing permit or lease donation programs; orCommentsClose CommentsPermalink
(5) affects the allocation, ownership, interest, or control, in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right held by the United States, an Indian tribe, a State, or a private individual, partnership, or corporation.CommentsClose CommentsPermalink
Subtitle F--Owyhee Public Land ManagementCommentsClose CommentsPermalink
SEC. 151. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) ACCOUNT- The term ‘account’ means the Owyhee Land Acquisition Account established by section 155(b)(1).CommentsClose CommentsPermalink
(2) COUNTY- The term ‘County’ means Owyhee County, Idaho.CommentsClose CommentsPermalink
(3) OWYHEE FRONT- The term ‘Owyhee Front’ means the area of the County from Jump Creek on the west to Mud Flat Road on the east and draining north from the crest of the Silver City Range to the Snake River.CommentsClose CommentsPermalink
(4) PLAN- The term ‘plan’ means a travel management plan for motorized and mechanized off-highway vehicle recreation prepared under section 157.CommentsClose CommentsPermalink
(5) PUBLIC LAND- The term ‘public land’ has the meaning given the term in section 103(e) of the Federal Land Policy and Management Act of 1976 (
(6) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(7) STATE- The term ‘State’ means the State of Idaho.CommentsClose CommentsPermalink
(8) TRIBES- The term ‘Tribes’ means the Shoshone Pauite Tribes of the Duck Valley Reservation.CommentsClose CommentsPermalink
SEC. 152. OWYHEE SCIENCE REVIEW AND CONSERVATION CENTER.
(a) Establishment- The Secretary, in coordination with the Tribes, State, and County, and in consultation with the University of Idaho, Federal grazing permittees, and public, shall establish the Owyhee Science Review and Conservation Center in the County to conduct research projects to address natural resources management issues affecting public and private rangeland in the County.CommentsClose CommentsPermalink
(b) Purpose- The purpose of the center established under subsection (a) shall be to facilitate the collection and analysis of information to provide Federal and State agencies, the Tribes, the County, private landowners, and the public with information on improved rangeland management.CommentsClose CommentsPermalink
SEC. 153. WILDERNESS AREAS.
(a) Wilderness Areas Designation-CommentsClose CommentsPermalink
(1) IN GENERAL- In accordance with the Wilderness Act (
(A) BIG JACKS CREEK WILDERNESS- Certain land comprising approximately 52,826 acres, as generally depicted on the map entitled ‘Little Jacks Creek and Big Jacks Creek Wilderness’ and dated May 5, 2008, which shall be known as the ‘Big Jacks Creek Wilderness’.CommentsClose CommentsPermalink
(B) BRUNEAU-JARBIDGE RIVERS WILDERNESS- Certain land comprising approximately 89,996 acres, as generally depicted on the map entitled ‘Bruneau-Jarbidge Rivers Wilderness’ and dated May 5, 2008, which shall be known as the ‘Bruneau-Jarbidge Rivers Wilderness’.CommentsClose CommentsPermalink
(C) LITTLE JACKS CREEK WILDERNESS- Certain land comprising approximately 50,929 acres, as generally depicted on the map entitled ‘Little Jacks Creek and Big Jacks Creek Wilderness’ and dated May 5, 2008, which shall be known as the ‘Little Jacks Creek Wilderness’.CommentsClose CommentsPermalink
(D) NORTH FORK OWYHEE WILDERNESS- Certain land comprising approximately 43,413 acres, as generally depicted on the map entitled ‘North Fork Owyhee and Pole Creek Wilderness’ and dated May 5, 2008, which shall be known as the ‘North Fork Owyhee Wilderness’.CommentsClose CommentsPermalink
(E) OWYHEE RIVER WILDERNESS- Certain land comprising approximately 267,328 acres, as generally depicted on the map entitled ‘Owyhee River Wilderness’ and dated May 5, 2008, which shall be known as the ‘Owyhee River Wilderness’.CommentsClose CommentsPermalink
(F) POLE CREEK WILDERNESS- Certain land comprising approximately 12,533 acres, as generally depicted on the map entitled ‘North Fork Owyhee and Pole Creek Wilderness’ and dated May 5, 2008, which shall be known as the ‘Pole Creek Wilderness’.CommentsClose CommentsPermalink
(2) MAPS AND LEGAL DESCRIPTIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for each area designated as wilderness by this subtitle.CommentsClose CommentsPermalink
(B) EFFECT- Each map and legal description submitted under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct minor errors in the map or legal description.CommentsClose CommentsPermalink
(C) AVAILABILITY- Each map and legal description submitted under subparagraph (A) shall be available in the appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink
(3) RELEASE OF WILDERNESS STUDY AREAS-CommentsClose CommentsPermalink
(A) IN GENERAL- Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (
(B) RELEASE- Any public land referred to in subparagraph (A) that is not designated as wilderness by this subtitle--CommentsClose CommentsPermalink
(i) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (
(ii) shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (
(b) Administration-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to valid existing rights, each area designated as wilderness by this subtitle shall be administered by the Secretary in accordance with the Wilderness Act (
(A) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; andCommentsClose CommentsPermalink
(B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.CommentsClose CommentsPermalink
(2) WITHDRAWAL- Subject to valid existing rights, the Federal land designated as wilderness by this subtitle is withdrawn from all forms of--CommentsClose CommentsPermalink
(A) entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink
(B) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink
(C) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.CommentsClose CommentsPermalink
(3) LIVESTOCK-CommentsClose CommentsPermalink
(A) IN GENERAL- In the wilderness areas designated by this subtitle, the grazing of livestock in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act (
(B) INVENTORY- Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an inventory of existing facilities and improvements associated with grazing activities in the wilderness areas and wild and scenic rivers designated by this subtitle.CommentsClose CommentsPermalink
(C) FENCING- The Secretary may construct and maintain fencing around wilderness areas designated by this subtitle as the Secretary determines to be appropriate to enhance wilderness values.CommentsClose CommentsPermalink
(D) DONATION OF GRAZING PERMITS OR LEASES-CommentsClose CommentsPermalink
(i) ACCEPTANCE BY SECRETARY- The Secretary shall accept the donation of any valid existing permits or leases authorizing grazing on public land, all or a portion of which is within the wilderness areas designated by this subtitle.CommentsClose CommentsPermalink
(ii) TERMINATION- With respect to each permit or lease donated under clause (i), the Secretary shall--CommentsClose CommentsPermalink
(I) terminate the grazing permit or lease; andCommentsClose CommentsPermalink
(II) except as provided in clause (iii), ensure a permanent end to grazing on the land covered by the permit or lease.CommentsClose CommentsPermalink
(iii) COMMON ALLOTMENTS-CommentsClose CommentsPermalink
(I) IN GENERAL- If the land covered by a permit or lease donated under clause (i) is also covered by another valid existing permit or lease that is not donated under clause (i), the Secretary shall reduce the authorized grazing level on the land covered by the permit or lease to reflect the donation of the permit or lease under clause (i).CommentsClose CommentsPermalink
(II) AUTHORIZED LEVEL- To ensure that there is a permanent reduction in the level of grazing on the land covered by a permit or lease donated under clause (i), the Secretary shall not allow grazing use to exceed the authorized level established under subclause (I).CommentsClose CommentsPermalink
(iv) PARTIAL DONATION-CommentsClose CommentsPermalink
(I) IN GENERAL- If a person holding a valid grazing permit or lease donates less than the full amount of grazing use authorized under the permit or lease, the Secretary shall--CommentsClose CommentsPermalink
(aa) reduce the authorized grazing level to reflect the donation; andCommentsClose CommentsPermalink
(bb) modify the permit or lease to reflect the revised level of use.CommentsClose CommentsPermalink
(II) AUTHORIZED LEVEL- To ensure that there is a permanent reduction in the authorized level of grazing on the land covered by a permit or lease donated under subclause (I), the Secretary shall not allow grazing use to exceed the authorized level established under that subclause.CommentsClose CommentsPermalink
(4) ACQUISITION OF LAND AND INTERESTS IN LAND-CommentsClose CommentsPermalink
(A) IN GENERAL- Consistent with applicable law, the Secretary may acquire land or interests in land within the boundaries of the wilderness areas designated by this subtitle by purchase, donation, or exchange.CommentsClose CommentsPermalink
(B) INCORPORATION OF ACQUIRED LAND- Any land or interest in land in, or adjoining the boundary of, a wilderness area designated by this subtitle that is acquired by the United States shall be added to, and administered as part of, the wilderness area in which the acquired land or interest in land is located.CommentsClose CommentsPermalink
(5) TRAIL PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary, after providing opportunities for public comment, shall establish a trail plan that addresses hiking and equestrian trails on the land designated as wilderness by this subtitle, in a manner consistent with the Wilderness Act (
(B) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the implementation of the trail plan.CommentsClose CommentsPermalink
(6) OUTFITTING AND GUIDE ACTIVITIES- Consistent with section 4(d)(5) of the Wilderness Act (
(7) ACCESS TO PRIVATE PROPERTY- In accordance with section 5(a) of the Wilderness Act (
(8) FISH AND WILDLIFE-CommentsClose CommentsPermalink
(A) IN GENERAL- Nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife on public land in the State.CommentsClose CommentsPermalink
(B) MANAGEMENT ACTIVITIES-CommentsClose CommentsPermalink
(i) IN GENERAL- In furtherance of the purposes and principles of the Wilderness Act (
(I) consistent with relevant wilderness management plans; andCommentsClose CommentsPermalink
(II) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101-405.CommentsClose CommentsPermalink
(ii) INCLUSIONS- Management activities under clause (i) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish those tasks.CommentsClose CommentsPermalink
(C) EXISTING ACTIVITIES- Consistent with section 4(d)(1) of the Wilderness Act (
(9) WILDFIRE, INSECT, AND DISEASE MANAGEMENT- Consistent with section 4(d)(1) of the Wilderness Act (
(10) ADJACENT MANAGEMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The designation of a wilderness area by this subtitle shall not create any protective perimeter or buffer zone around the wilderness area.CommentsClose CommentsPermalink
(B) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area designated by this subtitle shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.CommentsClose CommentsPermalink
(11) MILITARY OVERFLIGHTS- Nothing in this subtitle restricts or precludes--CommentsClose CommentsPermalink
(A) low-level overflights of military aircraft over the areas designated as wilderness by this subtitle, including military overflights that can be seen or heard within the wilderness areas;CommentsClose CommentsPermalink
(B) flight testing and evaluation; orCommentsClose CommentsPermalink
(C) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas.CommentsClose CommentsPermalink
(12) WATER RIGHTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The designation of areas as wilderness by subsection (a) shall not create an express or implied reservation by the United States of any water or water rights for wilderness purposes with respect to such areas.CommentsClose CommentsPermalink
(B) EXCLUSIONS- This paragraph does not apply to any components of the National Wild and Scenic Rivers System designated by section 154.CommentsClose CommentsPermalink
SEC. 154. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) In General- Section 3(a) of the Wild and Scenic Rivers Act (
‘(180) BATTLE CREEK, IDAHO- The 23.4 miles of Battle Creek from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(181) BIG JACKS CREEK, IDAHO- The 35.0 miles of Big Jacks Creek from the downstream border of the Big Jacks Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which it enters the NW 1/4 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(182) BRUNEAU RIVER, IDAHO-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (B), the 39.3-mile segment of the Bruneau River from the downstream boundary of the Bruneau-Jarbidge Wilderness to the upstream confluence with the west fork of the Bruneau River, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(B) EXCEPTION- Notwithstanding subparagraph (A), the 0.6-mile segment of the Bruneau River at the Indian Hot Springs public road access shall be administered by the Secretary of the Interior as a recreational river.CommentsClose CommentsPermalink
‘(183) WEST FORK BRUNEAU RIVER, IDAHO- The approximately 0.35 miles of the West Fork of the Bruneau River from the confluence with the Jarbidge River to the downstream boundary of the Bruneau Canyon Grazing Allotment in the SE/NE of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(184) COTTONWOOD CREEK, IDAHO- The 2.6 miles of Cottonwood Creek from the confluence with Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(185) DEEP CREEK, IDAHO- The 13.1-mile segment of Deep Creek from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(186) DICKSHOOTER CREEK, IDAHO- The 9.25 miles of Dickshooter Creek from the confluence with Deep Creek to a point on the stream 1/4 mile due west of the east boundary of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(187) DUNCAN CREEK, IDAHO- The 0.9-mile segment of Duncan Creek from the confluence with Big Jacks Creek upstream to the east boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(188) JARBIDGE RIVER, IDAHO- The 28.8 miles of the Jarbidge River from the confluence with the West Fork Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(189) LITTLE JACKS CREEK, IDAHO- The 12.4 miles of Little Jacks Creek from the downstream boundary of the Little Jacks Creek Wilderness, upstream to the mouth of OX Prong Creek, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(190) NORTH FORK OWYHEE RIVER, IDAHO- The following segments of the North Fork of the Owyhee River, to be administered by the Secretary of the Interior:CommentsClose CommentsPermalink
‘(A) The 5.7-mile segment from the Idaho-Oregon State border to the upstream boundary of the private land at the Juniper Mt. Road crossing, as a recreational river.CommentsClose CommentsPermalink
‘(B) The 15.1-mile segment from the upstream boundary of the North Fork Owyhee River recreational segment designated in paragraph (A) to the upstream boundary of the North Fork Owyhee River Wilderness, as a wild river.CommentsClose CommentsPermalink
‘(191) OWYHEE RIVER, IDAHO-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Subject to subparagraph (B), the 67.3 miles of the Owyhee River from the Idaho-Oregon State border to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(B) ACCESS- The Secretary of the Interior shall allow for continued access across the Owyhee River at Crutchers Crossing, subject to such terms and conditions as the Secretary of the Interior determines to be necessary.CommentsClose CommentsPermalink
‘(192) RED CANYON, IDAHO- The 4.6 miles of Red Canyon from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(193) SHEEP CREEK, IDAHO- The 25.6 miles of Sheep Creek from the confluence with the Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(194) SOUTH FORK OWYHEE RIVER, IDAHO-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (B), the 31.4-mile segment of the South Fork of the Owyhee River upstream from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness at the Idaho-Nevada State border, to be administered by the Secretary of the Interior as a wild river.CommentsClose CommentsPermalink
‘(B) EXCEPTION- Notwithstanding subparagraph (A), the 1.2-mile segment of the South Fork of the Owyhee River from the point at which the river enters the southernmost boundary to the point at which the river exits the northernmost boundary of private land in sec. 25 and 26, T. 14 S., R. 5 W., Boise Meridian, shall be administered by the Secretary of the Interior as a recreational river.CommentsClose CommentsPermalink
‘(195) WICKAHONEY CREEK, IDAHO- The 1.5 miles of Wickahoney Creek from the confluence of Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.’.CommentsClose CommentsPermalink
(b) Boundaries- Notwithstanding section 3(b) of the Wild and Scenic Rivers Act (
(1) an average distance of 1/4 mile from the high water mark on both sides of the river segment; orCommentsClose CommentsPermalink
(2) the distance to the nearest confined canyon rim.CommentsClose CommentsPermalink
(c) Land Acquisition- The Secretary shall not acquire any private land within the exterior boundary of a wild and scenic river corridor without the consent of the owner.CommentsClose CommentsPermalink
SEC. 155. LAND IDENTIFIED FOR DISPOSAL.
(a) In General- Consistent with applicable law, the Secretary may sell public land located within the Boise District of the Bureau of Land Management that, as of the date of enactment of this Act, has been identified for disposal in appropriate resource management plans.CommentsClose CommentsPermalink
(b) Use of Proceeds-CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding any other provision of law (other than a law that specifically provides for a proportion of the proceeds of a land sale to be distributed to any trust fund of the State), proceeds from the sale of public land under subsection (a) shall be deposited in a separate account in the Treasury of the United States to be known as the ‘Owyhee Land Acquisition Account’.CommentsClose CommentsPermalink
(2) AVAILABILITY-CommentsClose CommentsPermalink
(A) IN GENERAL- Amounts in the account shall be available to the Secretary, without further appropriation, to purchase land or interests in land in, or adjacent to, the wilderness areas designated by this subtitle, including land identified as ‘Proposed for Acquisition’ on the maps described in section 153(a)(1).CommentsClose CommentsPermalink
(B) APPLICABLE LAW- Any purchase of land or interest in land under subparagraph (A) shall be in accordance with applicable law.CommentsClose CommentsPermalink
(3) APPLICABILITY- This subsection applies to public land within the Boise District of the Bureau of Land Management sold on or after January 1, 2008.CommentsClose CommentsPermalink
(c) Termination of Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- The authority provided under this section terminates on the earlier of--CommentsClose CommentsPermalink
(A) the date that is 10 years after the date of enactment of this Act; orCommentsClose CommentsPermalink
(B) the date on which a total of $8,000,000 from the account is expended.CommentsClose CommentsPermalink
(2) AVAILABILITY OF AMOUNTS- Any amounts remaining in the account on the termination of authority under this section shall be--CommentsClose CommentsPermalink
(A) credited as sales of public land in the State;CommentsClose CommentsPermalink
(B) transferred to the Federal Land Disposal Account established under section 206(a) of the Federal Land Transaction Facilitation Act (
(C) used in accordance with that subtitle.CommentsClose CommentsPermalink
SEC. 156. TRIBAL CULTURAL RESOURCES.
(a) Coordination- The Secretary shall coordinate with the Tribes in the implementation of the Shoshone Paiute Cultural Resource Protection Plan.CommentsClose CommentsPermalink
(b) Agreements- The Secretary shall seek to enter into agreements with the Tribes to implement the Shoshone Paiute Cultural Resource Protection Plan to protect cultural sites and resources important to the continuation of the traditions and beliefs of the Tribes.CommentsClose CommentsPermalink
SEC. 157. RECREATIONAL TRAVEL MANAGEMENT PLANS.
(a) In General- In accordance with the Federal Land Policy and Management Act of 1976 (
(b) Inventory- Before preparing the plan under subsection (a), the Secretary shall conduct resource and route inventories of the area covered by the plan.CommentsClose CommentsPermalink
(c) Limitation to Designated Routes-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the plan shall limit recreational motorized and mechanized off-highway vehicle use to a system of designated roads and trails established by the plan.CommentsClose CommentsPermalink
(2) EXCEPTION- Paragraph (1) shall not apply to snowmobiles.CommentsClose CommentsPermalink
(d) Temporary Limitation-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), until the date on which the Secretary completes the plan, all recreational motorized and mechanized off-highway vehicle use shall be limited to roads and trails lawfully in existence on the day before the date of enactment of this Act.CommentsClose CommentsPermalink
(2) EXCEPTION- Paragraph (1) shall not apply to--CommentsClose CommentsPermalink
(A) snowmobiles; orCommentsClose CommentsPermalink
(B) areas specifically identified as open, closed, or limited in the Owyhee Resource Management Plan.CommentsClose CommentsPermalink
(e) Schedule-CommentsClose CommentsPermalink
(1) OWYHEE FRONT- It is the intent of Congress that, not later than 1 year after the date of enactment of this Act, the Secretary shall complete a transportation plan for the Owyhee Front.CommentsClose CommentsPermalink
(2) OTHER BUREAU OF LAND MANAGEMENT LAND IN THE COUNTY- It is the intent of Congress that, not later than 3 years after the date of enactment of this Act, the Secretary shall complete a transportation plan for Bureau of Land Management land in the County outside the Owyhee Front.CommentsClose CommentsPermalink
SEC. 158. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink