text: SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
  
      (a) Short Title.--This Act may be cited as the ``Opal Creek Forest 
  Preserve Act of 1994''.
      (b) Table of Contents.--The table of contents for this Act is as 
  follows:
  
  Sec. 1. Short title and table of contents.
  Sec. 2. Findings and purpose.
  Sec. 3. Definitions.
  Sec. 4. Opal Creek Forest Preserve.
  Sec. 5. Administration of the Preserve.
  Sec. 6. Prohibitions regarding the management of the Preserve.
  Sec. 7. Access to and acquisition of non-Federal land.
  Sec. 8. Authority of the Secretary and responsible parties to conduct 
                              environmental response actions or pursue 
                              liability.
  Sec. 9. Grandfather clause.
  
  SEC. 2. FINDINGS AND PURPOSE.
  
      (a) Findings.--The Congress finds the following:
              (1) Old-growth forests are unique ecosystems that serve as 
          critical habitat for hundreds of vertebrate and invertebrate 
          animals, plants, and fungi.
              (2) Old-growth forests provide clean and plentiful water 
          and support streams and rivers containing runs of anadromous 
          and resident cold water fish, which are wholly dependent on 
          high quantity and quality water for migration, spawning, 
          rearing, and cover.
              (3) The high quantity and quality of water in streams and 
          rivers in old-growth forests can only be maintained by 
          protecting the watersheds of these streams and rivers.
              (4) Old-growth forests provide unique and outstanding 
          opportunities for educational study, scientific research, and 
          recreation.
              (5) The establishment of a watershed and forest preserve to 
          protect areas of old-growth forests and surface waters can 
          contribute significantly to the quality of life for the 
          residents of the State of Oregon through education, recreation, 
          and a protected water supply.
              (6) The area known as the Opal Creek Forest, located on the 
          upper Little North Fork of the Santiam River in the State of 
          Oregon, contains one of the largest remaining intact old-growth 
          forest ecosystems in the Western Oregon Cascades. Although the 
          landscape mosaic in the Opal Creek Forest may reflect some past 
          logging, young stands of trees in the area mainly owe their 
          existence to natural disturbances, chiefly wildfire.
              (7) The Opal Creek Forest contains outstanding geological 
          and botanical features and contains attributes of historic and 
          prehistoric importance.
              (8) The recreational use of the Opal Creek Forest, 
          typically in the form of hiking, sightseeing, and the general 
          enjoyment of the outdoor environment, is significant and likely 
          to increase.
              (9) It is desirable to limit the human-related disturbances 
          and development of the Opal Creek Forest in order to protect 
          fully the special features of the forest and maintain the full 
          potential of its watershed for scientific, educational, and 
          research purposes.
              (10) Preservation of the Opal Creek Forest provides 
          outstanding opportunities for scientists to conduct research 
          regarding old-growth forests and for educators to provide 
          scientifically credible information to the public.
      (b) Purposes.--The purposes of this Act are--
              (1) to protect and preserve the forests and watersheds 
          contained in the Opal Creek Forest Preserve;
              (2) consistent with paragraph (1), to promote and conduct--
                      (A) research in the Preserve regarding old-growth 
                  forests in a manner that does not include the 
                  harvesting of timber or otherwise damage the ecosystem; 
                  and
                      (B) educational programs in the Preserve on old-
                  growth forests and cultural and historic resources in 
                  the Preserve; and
              (3) consistent with paragraphs (1) and (2), to permit and 
          regulate recreation in the Preserve.
  
  SEC. 3. DEFINITIONS.
  
      For purposes of this Act:
              (1) Preserve.--The term ``Preserve'' means the Opal Creek 
          Forest Preserve established in section 4(a).
              (2) Management plan.--The term ``management plan'' means 
          the management plan for the Preserve developed pursuant to 
          section 5(b).
              (3) Secretary.--The term ``Secretary'' means the Secretary 
          of Agriculture.
  
  SEC. 4. OPAL CREEK FOREST PRESERVE.
  
      (a) Establishment of Preserve.--There is hereby established the 
  Opal Creek Forest Preserve in order to protect and preserve the forests 
  and watersheds in the Preserve and to promote the research, 
  educational, and recreational purposes of this Act.
      (b) Description of Preserve.--The Preserve shall consist of those 
  Federal lands located in the Willamette and Mt. Hood National Forests 
  in the State of Oregon that are generally depicted on the map dated 
  August 1994, and entitled the ``Opal Creek Preserve Area''. The 
  Preserve shall also include such lands as may be added under section 7 
  of this Act. The map referred to in this subsection shall be kept on 
  file and made available for public inspection in the Office of the 
  Chief of the Forest Service, United States Department of Agriculture.
  
  SEC. 5. ADMINISTRATION OF THE PRESERVE.
  
      (a) In General.--The Secretary shall administer the Preserve in 
  accordance with this Act and with the laws, rules, and regulations 
  applicable to National Forest System lands in a manner that will 
  further the purposes of this Act.
      (b) Management Plan.--The Secretary shall prepare a comprehensive 
  management plan for the Preserve to achieve the purposes of this Act. 
  The management plan shall be considered to be a nonsignificant 
  amendment to the Willamette and Mt. Hood Forest Land and Resource 
  Management Plans. The management plan shall be prepared with public 
  involvement which shall include consultation with interested 
  individuals and organizations. The Secretary may enter into memoranda 
  of understanding with interested parties to accomplish the purposes of 
  this Act. The management plan shall include analysis and direction on 
  the use of campfires within the Preserve.
      (c) Protection of Cultural and Historic Resources.--Not later than 
  one year after the date of the enactment of this Act, the Secretary 
  shall review and revise the inventory of the cultural and historic 
  resources in the area covered by the Preserve, which was originally 
  developed pursuant to the Oregon Wilderness Act of 1984 (Public Law 98-
  328; 16 U.S.C. 1131 note). The Secretary shall submit a report to 
  Congress describing the results of the review of such inventory.
      (d) Applicability of Mining, Mineral Leasing, and Disposal Laws.--
              (1) Restriction.--After the date of the enactment of this 
          Act--
                      (A) lands within the Preserve shall not be open to 
                  the location of mining claims and mill and tunnel sites 
                  under the general mining laws of the United States;
                      (B) the Secretary shall not issue any lease under 
                  the Mineral Leasing Act (30 U.S.C. 181 and following) 
                  or the Geothermal Steam Act of 1970 (30 U.S.C. 100 and 
                  following) for lands within the Preserve; and
                      (C) lands within the Preserve shall not be 
                  available for disposal of mineral materials under the 
                  Act of July 31, 1947, commonly known as the Materials 
                  Act of 1947 (30 U.S.C. 601 and following).
              (2) Acquired lands.--The restriction provided by paragraph 
          (1) shall also apply to any Federal lands added to the Preserve 
          after the date of the enactment of this Act, except that the 
          restriction shall apply to such lands only upon addition to the 
          Preserve.
      (e) Private Inholdings.--The Secretary may cooperate with, and 
  provide technical assistance to, private landowners, organizations, and 
  other entities holding private lands within the boundaries of the 
  Preserve to promote the use and management of such lands in a manner 
  consistent with the purposes of this Act.
  
  SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF THE PRESERVE.
  
      (a) Prohibition on Logging or Other Timber Harvesting.--
              (1) Prohibition.--Except as provided in paragraph (2), the 
          cutting of trees in the Preserve is prohibited.
              (2) Exceptions.--The prohibition contained in paragraph (1) 
          shall not apply to the extent that the Secretary determines 
          that the cutting of specific trees in the Preserve is 
          necessary--
                      (A) for public safety, such as to control the 
                  spread of a forest fire in the Preserve or on lands 
                  adjacent to the Preserve; or
                      (B) for administrative use related to activities 
                  permitted in the Preserve.
              (3) Limitation on exception.--The cutting of trees 
          authorized under paragraph (2) may not include salvage sales or 
          harvests of commercial quantities of timber in the Preserve.
              (4) Collection of downed wood.--The collection of downed 
          wood for firewood by permit may be allowed in a manner 
          consistent with the purposes of this Act.
      (b) Prohibition on Off Road Motorized Travel.--
              (1) Prohibition.--Except as provided in paragraph (2) and 
          subject to valid existing rights, the use of motor vehicles off 
          or outside of the established roadbed of roads in the Preserve 
          is prohibited.
              (2) Exception.--The prohibition contained in paragraph (1) 
          shall not apply to the extent that the Secretary determines 
          that the use of a motor vehicle off or outside of the 
          established roadbed of a road in the Preserve is necessary for 
          administrative purposes or to respond to an emergency.
      (c) Prohibition on Use of Certain Roads.--
              (1) Prohibition.--Except as provided in paragraph (2) and 
          subject to valid existing rights, the use of motor vehicles is 
          prohibited on the following roads located in the Preserve:
                      (A) Forest road 2209 from the gate in existence on 
                  the date of the enactment of this Act eastward to the 
                  intersection of the road with the wilderness boundary.
                      (B) Forest roads 290 and 330, which are spur roads 
                  to the road described in subparagraph (A).
              (2) Exceptions.--The prohibition contained in paragraph (1) 
          shall not apply to the extent that the Secretary determines 
          that the use of the roads described in such paragraph is 
          necessary for administrative purposes or to respond to an 
          emergency.
              (3) Rule of construction.--Nothing in this subsection shall 
          be construed to prohibit inholders and claim holders of valid 
          mining claims from using the roads described in paragraph (1) 
          for ingress and egress to their inholdings or valid mining 
          claims, subject to such reasonable terms and conditions, 
          consistent with the purposes of this Act, as the Secretary may 
          prescribe. Nothing in this subsection shall be construed to 
          prohibit motor vehicle traffic on other roads established in 
          the Preserve, in particular those forest roads providing access 
          for claim holders of valid mining claims for the use of lands 
          in the Preserve or within the Cedar Creek watershed within two 
          miles outside of the boundaries of the Preserve.
      (d) Prohibition on Road Construction.--
              (1) Prohibition.--Except as provided in paragraph (2) and 
          subsection (e), and subject to valid existing rights, the 
          construction of new roads is prohibited in the Preserve.
              (2) Exceptions.--The prohibition contained in paragraph (1) 
          shall not apply to the extent that the Secretary determines 
          that the construction of new roads, or the improvement of 
          existing roads, in the Preserve is necessary to accomplish the 
          purposes of this Act or to provide access to inholdings or for 
          claim holders of valid mining claims for the use of lands in 
          the Preserve or within the Cedar Creek watershed within two 
          miles outside of the boundaries of the Preserve. The Secretary 
          may maintain or improve roads in the Preserve to the extent the 
          Secretary determines that such maintenance or improvements are 
          necessary to accomplish the purposes of this Act, to provide 
          for the protection of the natural resources of the Preserve, to 
          provide for public safety, or to ensure access for inholders 
          and claims holders of valid mining claims for the use of lands 
          in the Preserve or within the Cedar Creek watershed within two 
          miles outside of the boundaries of the Preserve.
              (3) Limitation on exception.--The construction or 
          improvement of roads in the Preserve pursuant to paragraph (2) 
          or subsection (e) may not include paving or any work beyond 50 
          feet on either side of the centerline of the road bed.
      (e) Utilities and Accompanying Road.--In compliance with applicable 
  laws and the Willamette National Forest Land and Resource Management 
  Plan, the Secretary may allow the installation and maintenance of power 
  lines and water lines (and an accompanying service road) through the 
  Preserve to serve authorized activities conducted on land within the 
  Cedar Creek watershed within two miles outside of the boundaries of the 
  Preserve.
  
  SEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND.
  
      (a) Inventory and Acquisition of Non-Federal Lands.--The Secretary 
  shall conduct an inventory of all non-Federal lands and interests in 
  lands within the boundaries of the Preserve. The Secretary may acquire 
  such inventoried lands (or interests in such lands) for inclusion in 
  the Preserve. The Secretary may not acquire, for inclusion in the 
  Preserve, any lands or interests in lands within the boundaries of the 
  Preserve without the consent of the owner, unless the Secretary 
  determines that the land is being developed or managed (or is proposed 
  to be developed or managed) in a manner inconsistent with the purposes 
  of this Act. Nothing in this Act may be construed to prevent the 
  Secretary from increasing the size of the Preserve.
      (b) Special Rule for Santiam No. 1 Lode Mining Claim.--
  Notwithstanding subsection (a), the parcel of real property located 
  within the boundaries of the Preserve that is known as the Santiam No. 
  1 lode mining claim and identified in section 8140 of the Department of 
  Defense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1213), 
  may be acquired by the Secretary only--
              (1) by purchase for an amount equal to not more than the 
          sum of--
                      (A) the amount that the original patentee of the 
                  parcel paid for the parcel; and
                      (B) the cost of any improvements made to the parcel 
                  by the patentee; or
              (2) by donation.
      (c) Rights-of-Way.--Nothing in this section shall be construed to 
  affect the authority of the Secretary to acquire road and trail rights-
  of-way on lands in the Preserve under existing authorities.
      (d) Access and Utilities to Inholdings.--
              (1) In general.--In the case of private inholdings located 
          within the boundaries of the Preserve, the Secretary shall 
          authorize the use of Federal land in the Preserve by the holder 
          of the inholding to assure adequate access to the inholding 
          under applicable law.
              (2) Jawbone flats.--With respect to the inholding known as 
          the Jawbone Flats area, the Secretary shall authorize the use 
          of Federal land in the Preserve by the owners of the inholding 
          to provide for access and utilities for a facility in the 
          inholding if the Secretary determines that the facility (and 
          use of the facility) is consistent with the purposes of this 
          Act.
              (3) Terms and conditions.--The use of Federal land in the 
          Preserve under this subsection shall be subject to such 
          reasonable terms and conditions, consistent with the purposes 
          of this Act, as the Secretary may prescribe.
  
  SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE PARTIES TO CONDUCT 
                ENVIRONMENTAL RESPONSE ACTIONS OR PURSUE LIABILITY.
  
      (a) Remediation Activities.--Nothing in this Act shall be construed 
  to limit the authority of the Secretary or a responsible party to 
  conduct environmental remediation activities in the Preserve in 
  connection with the release, threatened release, or clean up of any 
  hazardous substance or pollutant or contaminant, including response 
  actions conducted pursuant to the Comprehensive Environmental Response, 
  Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
      (b) Liability.--Nothing in this Act shall be construed to limit the 
  authority of the Secretary or a responsible party to address questions 
  of liability related to the release, threatened release, or clean up of 
  any hazardous substance or pollutant or contaminant in the Preserve.
  
  SEC. 9. GRANDFATHER CLAUSE.
  
      Nothing in this Act shall be construed to affect the operation of 
  any timber sale contract entered into, or interfere with any activity 
  for which a special use permit has been issued (and not revoked), 
  before the date of the enactment of this Act, subject to the terms of 
  the contract or permit.
  
              Passed the House of Representatives August 8, 1994.
  
              Attest:
  
                                             DONNALD K. ANDERSON,
  
                                                                   Clerk.
target: Opal Creek Forest Preserve Act of 1994 - Establishes the Opal Creek Forest Preserve consisting of Federal lands in the Willamette and Mt. Hood National Forests, Oregon. 
  Directs the Secretary of Agriculture to prepare a Preserve management plan. 
  Prohibits, with specified exceptions:  (1) mining, mineral, and geothermal leasing or dispositions; (2) logging or other timber harvesting; (3) off road motorized travel; and (4) road construction and the use of specified existing roads. 
  Authorizes the Secretary to acquire private lands within the Preserve.
feat_title: Opal Creek Forest Preserve Act of 1994