§ 545b. Opal Creek Wilderness and Scenic Recreation Area
(a)
Definitions
In this section:
(2)
Opal Creek Wilderness
The term “Opal Creek Wilderness” means certain land in the Willamette National Forest in the State of Oregon comprising approximately 12,800 acres, as generally depicted on the map entitled “Proposed Opal Creek Wilderness and Scenic Recreation Area”, dated July 1996.
(3)
Scenic Recreation Area
The term “Scenic Recreation Area” means the Opal Creek Scenic Recreation Area, comprising approximately 13,000 acres, as generally depicted on the map entitled “Proposed Opal Creek Wilderness and Scenic Recreation Area”, dated July 1996 and established under subsection (c)(1)(C) of this section.
(b)
Purposes
The purposes of this section are—
(c)
Establishment
(1)
Establishment
On a determination by the Secretary under paragraph (2)—
(A)
the Opal Creek Wilderness, as depicted on the map described in subsection (a)(2) of this section, is hereby designated as wilderness, subject to the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.], shall become a component of the National Wilderness System, and shall be known as the Opal Creek Wilderness;
(2)
Conditions
The designations in paragraph (1) shall not take effect unless the Secretary makes a determination, not later than 2 years after November 12, 1996, that the following conditions have been met:
(A)
the following have been donated to the United States in an acceptable condition and without encumbrances:
(i)
all right, title, and interest in the following patented parcels of land—
(I)
Santiam Number 1, mineral survey number 992, as described in patent number 39–92–0002, dated December 11, 1991;
(ii)
all right, title, and interest held by any entity other than the Times Mirror Land and Timber Company, its successors and assigns, in and to lands located in section
18, township 8 south, range 5 east, Marion County, Oregon, Eureka numbers 6, 7, 8, and 13 mining claims; and
(iii)
an easement across the Hewitt, Starvation, and Poor Boy Mill Sites, mineral survey number 990, as described in patent number 36–91–0017, dated May 9, 1991. In the sole discretion of the Secretary, such easement may be limited to administrative use if an alternative access route, adequate and appropriate for public use, is provided.
(B)
a binding agreement has been executed by the Secretary and the owners of record as of March 29, 1996, of the following interests, specifying the terms and conditions for the disposition of such interests to the United States Government—
(i)
The lode mining claims known as Princess Lode, Black Prince Lode, and King Number 4 Lode, embracing portions of sections
29 and
32, township 8 south, range 5 east, Willamette Meridian, Marion County, Oregon, the claims being more particularly described in the field notes and depicted on the plat of mineral survey number 887, Oregon; and
(3)
Additions to the wilderness and scenic recreation areas
(A)
Lands or interests in lands conveyed to the United States under this subsection shall be included in and become part of, as appropriate, Opal Creek Wilderness or the Opal Creek Scenic Recreation Area.
(B)
On acquiring all or substantially all of the land located in section
36, township 8 south, range 4 east, of the Willamette Meridian, Marion County, Oregon, commonly known as the Rosboro section by exchange, purchase from a willing seller, or by donation, the Secretary shall expand the boundary of the Scenic Recreation Area to include such land.
(C)
On acquiring all or substantially all of the land located in section
18, township 8 south, range 5 east, Marion County, Oregon, commonly known as the Time Mirror property, by exchange, purchase from a willing seller, or by donation, such land shall be included in and become a part of the Opal Creek Wilderness.
(d)
Administration
(1)
In general
The Secretary shall administer the Scenic Recreation Area in accordance with this section and the laws (including regulations) applicable to the National Forest System.
(2)
Opal Creek Management Plan
(A)
In general
Not later than 2 years after the date of establishment of the Scenic Recreation Area, the Secretary, in consultation with the advisory committee established under subsection (e)(1) of this section, shall prepare a comprehensive Opal Creek Management Plan (Management Plan) for the Scenic Recreation Area.
(B)
Incorporation in land and resource management
Upon its completion, the Opal Creek Management Plan shall become part of the land and resource management plan for the Willamette National Forest and supersede any conflicting provision in such land and resource management plan. Nothing in this paragraph shall be construed to supersede the requirements of the Endangered Species Act [16 U.S.C. 1531 et seq.] or the National Forest Management Act or regulations promulgated under those Acts, or any other law.
(3)
Cultural and historic resource inventory
(A)
In general
Not later than 1 year after the date of establishment of the Scenic Recreation Area, the Secretary shall review and revise the inventory of the cultural and historic resources on the public land in the Scenic Recreation Area developed pursuant to the Oregon Wilderness Act of 1984 (Public Law 98–328).
(B)
Interpretation
Interpretive activities shall be developed under the management plan in consultation with State and local historic preservation organizations and shall include a balanced and factual interpretation of the cultural, ecological, and industrial history of forestry and mining in the Scenic Recreation Area.
(4)
Transportation planning
(A)
1 In general
Except as provided in this subparagraph, motorized vehicles shall not be permitted in the Scenic Recreation Area. To maintain reasonable motorized and other access to recreation sites and facilities in existence on November 12, 1996, the Secretary shall prepare a transportation plan for the Scenic Recreation Area that—
(i)
evaluates the road network within the Scenic Recreation Area to determine which roads should be retained and which roads should be closed;
(iii)
considers the access needs of persons with disabilities in preparing the transportation plan for the Scenic Recreation Area;
(iv)
allows forest road 2209 beyond the gate to the Scenic Recreation Area, as depicted on the map described in subsection (a)(2) of this section, to be used by motorized vehicles only for administrative purposes and for access by private inholders, subject to such terms and conditions as the Secretary may determine to be necessary; and
(v)
restricts construction or improvement of forest road 2209 beyond the gate to the Scenic Recreation Area to maintaining the character of the road as it existed upon November 12, 1996, which shall not include paving or widening.
In order to comply with subsection (f)(2) of this section, the Secretary may make improvements to forest road 2209 and its bridge structures consistent with the character of the road as it existed on November 12, 1996.
(5)
Hunting and fishing
(A)
In general
Subject to applicable Federal and State law, the Secretary shall permit hunting and fishing in the Scenic Recreation Area.
(6)
Timber cutting
(A)
In general
Subject to subparagraph (B), the Secretary shall prohibit the cutting and/or selling of trees in the Scenic Reservation Area.
(B)
Permitted cutting
(i)
In general
Subject to clause (ii), the Secretary may allow the cutting of trees in the Scenic Recreation Area only—
(I)
for public safety, such as to control the continued spread of a forest fire in the Scenic Recreation Area or on land adjacent to the Scenic Recreation Area;
(7)
Withdrawal
(8)
Bornite Project
(A)
Nothing in this section shall be construed to interfere with or approve any exploration, mining, or mining-related activity in the Bornite Project Area, depicted on the map described in subsection (a)(3) of this section, conducted in accordance with applicable laws.
(B)
Nothing in this section shall be construed to interfere with the ability of the Secretary to approve and issue, or deny, special use permits in connection with exploration, mining, and mining-related activities in the Bornite Project Area.
(9)
Water impoundments
Notwithstanding the Federal Power Act (16 U.S.C. 791a et seq.), the Federal Energy Regulatory Commission may not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project work in the Scenic Recreation Area, except as may be necessary to comply with the provisions of paragraph (8) with regard to the Bornite Project.
(10)
Recreations
(B)
Minimum levels
The management plan shall permit recreation activities at not less than the levels in existence on November 12, 1996.
(C)
Higher levels
The management plan may provide for levels of recreation use higher than the levels in existence on November 12, 1996, if such uses are consistent with the protection of the resource values of the Scenic Recreation Area.
(D)
Public trail access
The management plan may include public trail access through section
28, township 8 south, range 5 east, Willamette Meridian, to Battle Ax Creek, Opal Pool and other areas in the Opal Creek Wilderness and the Opal Creek Scenic Recreation Area.
(11)
Participation
So that the knowledge, expertise, and views of all agencies and groups may contribute affirmatively to the most sensitive present and future use of the Scenic Recreation Area and its various subareas for the benefit of the public:
(A)
Advisory council
The Secretary shall consult on a periodic and regular basis with the advisory council established under subsection (e) of this section with respect to matters relating to management of the Scenic Recreation Area.
(B)
Public participation
The Secretary shall seek the views of private groups, individuals, and the public concerning the Scenic Recreation Area.
(e)
Advisory council
(1)
Establishment
Not later than 90 days after the establishment of the Scenic Recreation Area, the Secretary shall establish an advisory council for the Scenic Recreation Area.
(2)
Membership
The advisory council shall consist of not more than 13 members, of whom—
(A)
1 member shall represent Marion County, Oregon, and shall be designated by the governing body of the county;
(C)
1 member shall represent the City of Salem, and shall be designated by the mayor of Salem, Oregon;
(D)
1 member from a city within a 25-mile radius of the Opal Creek Scenic Recreation Area, to be designated by the Governor of the State of Oregon from a list of candidates provided by the mayors of the cities located within a 25-mile radius of the Opal Creek Scenic Recreation Area; and
(E)
not more than 9 members shall be appointed by the Secretary from among persons who, individually or through association with a national or local organization, have an interest in the administration of the Scenic Recreation Area, including, but not limited to, representatives of the timber industry, environmental organizations, the mining industry, inholders in the Opal Creek Wilderness and Scenic Recreation Area, economic development interests and Indian tribes.
(f)
General provisions
(1)
Land acquisition
(A)
In general
Subject to the other provisions of this section, the Secretary may acquire any lands or interests in land in the Scenic Recreation Area or the Opal Creek Wilderness that the Secretary determines are needed to carry out this section.
(B)
Public land
Any lands or interests in land owned by a State or a political subdivision of a State may be acquired only by donation or exchange.
(C)
Condemnation
Within the boundaries of the Opal Creek Wilderness or the Scenic Recreation Area, the Secretary may not acquire any privately owned land or interest in land without the consent of the owner unless the Secretary finds that—
(i)
the nature of land use has changed significantly, or the landowner has demonstrated intent to change the land use significantly, from the use that existed on November 12, 1996; and
(ii)
acquisition by the Secretary of the land or interest in land is essential to ensure use of the land or interest in land in accordance with the purposes of this title [4] or the management plan prepared under subsection (d)(2) of this section.
(2)
Environmental response actions and cost recovery
(A)
Response actions
Nothing in this section shall limit the authority of the Secretary or a responsible party to conduct an environmental response action in the Scenic Recreation Area in connection with the release, threatened release, or cleanup of a hazardous substance, pollutant, or contaminant, including a response action conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(3)
Maps and description
(A)
In general
As soon as practicable after November 12, 1996, the Secretary shall file a map and a boundary description for the Opal Creek Wilderness and for the Scenic Recreation Area with the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(g)
Rosboro land exchange
(1)
Authorization
Notwithstanding any other law, if the Rosboro Lumber Company (referred to in this subsection as “Rosboro”) offers and conveys marketable title to the United States to the land described in paragraph (2), the Secretary of Agriculture shall convey all right, title and interest held by the United States to sufficient lands described in paragraph (3) to Rosboro, in the order in which they appear in this subsection, as necessary to satisfy the equal value requirements of paragraph (4).
(2)
Land to be offered by Rosboro
The land referred to in paragraph (1) as the land to be offered by Rosboro shall comprise Section
36, Township 8 South, Range 4 East, Willamette Meridian.
(3)
Land to be conveyed by the United States
The land referred to in paragraph (1) as the land to be conveyed by the United States shall comprise sufficient land from the following prioritized list to be equal value under paragraph (4):
(4)
Equal value
The land and interests in land exchanged under this subsection shall be of equal market value as determined by nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Standards for Federal Land Acquisition, the Uniform Standards of Professional Appraisal Practice, or shall be equalized by way of payment of cash pursuant to the provisions of section
1716
(d) of title
43, and other applicable law. The appraisal shall consider access costs for the parcels involved.
(5)
Timetable
(A)
The exchange directed by this subsection shall be consummated not later than 120 days after the date Rosboro offers and conveys the property described in paragraph (2) to the United States.
(B)
The authority provided by this subsection shall lapse of [6] Rosboro fails to offer the land described in paragraph (2) within 2 years after November 12, 1996.
(6)
Challenge
Rosboro shall have the right to challenge in the United States District Court for the District of Oregon a determination of marketability under paragraph (1) and a determination of value for the lands described in paragraphs (2) and (3) by the Secretary of Agriculture. The court shall have the authority to order the Secretary to complete the transaction contemplated in this subsection.
(i)
Economic development
(1)
Economic development plan
As a condition for receiving funding under paragraph (2), the State of Oregon, in consultation with Marion County, Oregon, and the Secretary of Agriculture, shall develop a plan for economic development projects for which grants under this subsection may be used in a manner consistent with this section and to benefit local communities in the vicinity of the Opal Creek area. Such plan shall be based on an economic opportunity study and other appropriate information.
(2)
Funds provided to the States for grants
Upon completion of the Opal Creek Management Plan, and receipt of the plan referred to in paragraph (1), the Secretary shall provide, subject to appropriations, $15,000,000 to the State of Oregon. Such funds shall be used to make grants or loans for economic development projects that further the purposes of this section and benefit the local communities in the vicinity of the Opal Creek area.
(3)
Report
The State of Oregon shall—
(A)
prepare and provide the Secretary and Congress with an annual report on the use of the funds made available under this subsection;
[1] So in original. No subpar. (B) has been enacted.
[2] So in original. No subpar. (B) has been enacted.
[3] So in original. Probably should be capitalized.
[4] So in original. Probably should be “section”.
[5] So in original. The semicolon probably should be a period.
[6] So in original. Probably should be “if”.