[Senate Report 117-241]
[From the U.S. Government Publishing Office]
Calendar No. 618
117th Congress } { Report
SENATE
2d Session } { 117-241
======================================================================
SMITH RIVER NATIONAL RECREATION AREA EXPANSION
_______
December 12, 2022.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany S. 1538]
[Including cost estimate of Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1538), to amend the Smith River National
Recreation Area Act to include certain additions to the Smith
River National Recreation Area, to amend the Wild and Scenic
Rivers Act to designate certain wild rivers in the State of
Oregon, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
Purpose
The purpose of S. 1538 is to amend the Smith River National
Recreation Area Act to include certain Federal land in Oregon
as an addition to the Smith River National Recreation Area, and
to designate certain rivers as components of the National Wild
and Scenic Rivers System.
Background and Need
Smith River National Recreation Area (NRA) was established
by Congress in 1990 (Public Law 101-612) and encompasses
305,337 acres in northwestern California, primarily within the
Six Rivers National Forest. The Smith River watershed provides
important habitat for Coho and Chinook salmon, and Coastal
Cutthroat trout, and includes diverse Siskiyou Mountains
forests, unique plants, and redwoods that tower over the lower
river banks. The national recreation area's scenery, fisheries,
and water quality attracts visitors for water sports, fishing,
hunting, camping, and sightseeing.
Currently, the national recreation area extends only to the
California-Oregon border, omitting the headwaters of the Smith
River watershed in Oregon.
S. 1538 would expand the Smith River NRA to add 58,000
acres of land in the Rogue River-Siskiyou National Forest in
Oregon. The bill would also designate over 73 miles of the
headwater tributaries of the North Fork Smith River in Oregon
as components of the National Wild and Scenic River System. The
proposed additions to the Smith River National Recreation Area
and the wild and scenic river designations will help protect
important salmon habitat and stretches of redwood stands, and
enhance outdoor recreation, fishing, and hunting opportunities.
Legislative History
S. 1538 was introduced by Senators Merkley, Wyden, Padilla,
and Feinstein on May 10, 2021. The Subcommittee on Public
Lands, Forests, and Mining held a hearing on S. 1538 on October
19, 2021. Similar legislation, S. 2875, was introduced in the
116th Congress by Senators Merkley and Wyden on November 14,
2019. The Subcommittee on Public Lands, Forests, and Mining
held a hearing on S. 2875 on November 18, 2020 (S. Hrg. 116-
382).
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in an
open business session on July 21, 2022, by a majority vote of a
quorum present, recommends that the Senate pass S. 1538.
The roll call vote on reporting the measure was 11 yeas, 9
nays as follows:
YEAS NAYS
Mr. Manchin Mr. Barrasso
Mr. Wyden Mr. Risch
Ms. Cantwell Mr. Lee
Mr. Sanders Ms. Murkowski
Mr. Heinrich Mr. Hoeven
Ms. Hirono Mr. Lankford
Mr. King Mr. Cassidy*
Ms. Cortez Masto Mrs. Hyde-Smith
Mr. Kelly Mr. Marshall
Mr. Hickenlooper
Mr. Daines
*Indicates vote by proxy.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides the short title of the bill, the ``Smith
River National Recreation Area Expansion Act.''
Section 2. Additions to the Smith River National Recreation Area
Subsection (a) amends definitions in section 3 the Smith
River National Recreation Area Act (16 U.S.C. 460bbb-1) (the
``Act'').
Subsection (b) amends section 4(b) of the Act (16 U.S.C.
460bbb-2(b)) to expand the boundary of the Smith River National
Recreation Area to include approximately 58,000 acres of
National Forest System lands in Oregon as depicted on the
referenced map.
Subsection (c) amends section 5 of the Act (16 U.S.C.
460bbb-3) to add a new subsection (d) requiring the Secretary
of Agriculture to conduct a study of the area added to the
national recreation area that includes inventories and
assessments of streams, wetlands, lakes and other water
features and associated lands, and based on the study, modify
management plans for applicable Forest Service lands and submit
a report to Congress describing the results of the study. The
amendment also adds a new subsection (e) clarifying that
nothing in the Act affects the authority of the Secretary to
conduct wildland fire operations within the national recreation
area, consistent with the purposes of the Act.
The amendment adds a new subsection (f) which states that
nothing in the Act prohibits the Secretary from conducting
vegetation management projects, including wildfire resiliency
and forest health projects, with the national recreation area,
consistent with the purposes of the recreation area.
The new subsection (g) clarifies that nothing in the Act
affects the application of the Northwest Forest Plan or the
Roadless Rule to portions of the national recreation area in
Oregon that are subject to the plan and those regulations as of
the date of enactment of this subsection.
Finally, new subsection (h) states that nothing in the Act
diminishes the right of an Indian Tribe, and directs the
Secretary to seek to enter into a memorandum of understanding
with applicable Indian Tribes regarding tribal access to
portions of the national recreation area in Oregon for
historical and cultural activities.
Subsection (d) amends section 6(a) of the Act (16 U.S.C.
460bbb-4) to authorize the Secretary to acquire the 555-acre
Cedar Creek Parcel for addition to the national recreation
area, upon adoption of a resolution by the State Land Board of
Oregon.
Subsection (e) amends section 7 of the Act (16 U.S.C.
460bbb-5) to add a reference to the State of Oregon to language
clarifying that nothing in the Act affects the jurisdiction or
responsibilities of the State with respect to fish and
wildlife, including the regulation of hunting, fishing, and
trapping on any lands managed by the Secretary.
Subsection (f) amends section 9 of the Act (16 U.S.C.
460bbb-7) to direct the Secretary to revise the management plan
for the national recreation area to reflect the expansion of
the recreation area into the State of Oregon.
Subsection (g) amends section 11(b) of the Act (16 U.S.C.
460bbb-8(b)) to clarify that the Streamside Protection Zone,
which prohibits timber harvesting on a \1/4\ mile on either
side of a designated river, applies to the new segments of the
North Fork Smith River in Oregon established under this bill as
a component of the National Wild and Scenic Rivers System.
Subsection (h) amends section 12 of the Act (16 U.S.C.
460bbb-9) to add a reference to the State of Oregon to language
clarifying that nothing in the Act affects the right of the
State or political subdivision of the State to carry out state
laws associated with the recreation area, or to regulate the
private lands within the recreation area. Subsection (h) also
authorizes the Secretary to enter into cooperative agreements
and provide technical assistance to Oregon and its political
subdivisions.
Section 3. Wild and scenic river designation
Section 3 amends two existing wild and scenic river
designations to add 25 segments--totaling approximately 75
miles--within the watersheds of the North Fork and mainstem of
the Smith River.
Cost and Budgetary Considerations
On November 21, 2022, the Congressional Budget Office
provided a table entitled ``Summary Estimates of Legislation
Ordered Reported'' by the Committee during the 117th Congress.
The table states that:
``CBO estimates that enacting S. 1538 would have an
insignificant effect on direct spending and no effect
on revenues over the 2023-2032 period. CBO has not
estimated the discretionary costs of implementing the
bill. The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded
Mandates Reform Act.''
Separately in the table, CBO estimates the ``insignificant
effect on direct spending'' as ``between zero and $500,000''
and the revenues as ``0.''
The table is posted at www.cbo.gov.
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 21, 2022.
Hon. Joe Manchin,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed table summarizing estimated budgetary
effects and mandates information for some of the legislation
that has been ordered reported by the Senate Committee on
Energy and Natural Resources during the 117th Congress.
If you wish further details, we will be pleased to provide
them. The CBO staff contact for each estimate is listed on the
enclosed table.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1538. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 1538, as ordered reported.
Congressionally Directed Spending
S. 1538, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of Agriculture
Forest Service at the October 19, 2021, hearing on S. 1538
follows:
Statement of Christopher B. French, Deputy Chief, National Forest
System, U.S. Department of Agriculture Forest Service
s. 1538--smith river national recreation area expansion act
S. 1538, the Smith River National Recreation Area Expansion
Act, would amend the Smith River National Recreation Area Act
and the Wild and Scenic Rivers Act to include certain additions
to the Smith River National Recreation Area and to designate
specified Wild and Scenic Rivers in the State of Oregon.
Enactment of this bill would result in the Smith River National
Recreation Area being expanded from northern California to
encompass the North Fork of the Smith River Watershed in
southwestern Oregon and to be managed for its world class
recreational access, special scenic value, natural diversity,
cultural and historical attributes, wilderness, wildlife, and
fisheries. Additionally, approximately 75 miles within the
watersheds of the North Fork and mainstem of the Smith River
would be added to the National Wild and Scenic Rivers System.
section 2: additions to the smith river national recreation area
Section 2(d) of this bill would require a study of the
affected area within five years of enactment with modifications
to land management plans being implemented upon completion of
the study. No impacts to vegetation or wildfire management are
noted in the bill and nothing in the bill affects the
application of the Northwest Forest Plan or Roadless Rule in
the State of Oregon. Section 2(h) requires the Secretary of
Agriculture to enter a Memorandum of Understanding with
American Indian Tribes to preserve and protect Tribal rights
and to ensure access. Further, it is required that interpretive
materials regarding the Tribes be developed and made publicly
available.
Land acquisition authority is expanded and clarified with a
directive to the Secretary of Agriculture to acquire a 555-acre
area of state-owned land known as the Cedar Creek Parcel,
pending availability of funding and approval by the State Land
Board of Oregon. This would allow for contiguous management by
the Forest Service of most lands within the proposed boundary.
USDA supports expanding recreational access in a manner
that preserves the ecological, cultural, and historical
integrity of a landscape and that supports the social and
economic needs of adjacent communities.
section 3: wild and scenic river designations
Section 3 of this bill amends two existing wild and scenic
river designations to add 25 segments totaling roughly 75 miles
within the watersheds of the North Fork and mainstem of the
Smith River. USDA supports wild and scenic river designations
and recognizes the importance of protecting and enhancing
identified river values for the benefit and enjoyment of
present and future generations. While we support the goals of
this bill, we would like to work with the subcommittee and bill
sponsors to clarify some timing and technical concerns
associated with the proposed designations.
USDA would like to ensure that any new segments are
properly integrated into the National Wild and Scenic Rivers
System with enough time to develop comprehensive river
management plans (CRMPs) and to establish detailed boundaries
in cooperation with Tribes, State and local governments, and
interested stakeholders. The timeframes identified under
Sections 3(b) and 3(d) of the Wild and Scenic Rivers Act for
completing detailed boundaries and CRMPs can be challenging to
meet. Therefore, we would like to work with the subcommittee
and bill sponsors to identify ways to support timely completion
of CRMP and boundary requirements.
The Forest Service embraces its mission to steward and
safeguard its Iconic National Recreation Areas and free flowing
Wild and Scenic Rivers with their outstandingly remarkable
values and to provide recreational access, clean drinking
water, and economic vitality to the American people. We are
committed to collaborating openly with Congress, Tribes, and
all members of the interested public to identify and propose
appropriate parcels of land and segments of river within the
National Forest System for designation as Wild and Scenic
Rivers and National Recreation Areas and to manage those
parcels responsibly. We look forward to working with the
subcommittee and sponsors of this bill to address the concerns
outlined above.
MINORITY VIEWS OF SENATORS BARRASSO, RISCH, LEE, HOEVEN, LANKFORD,
CASSIDY, HYDE-SMITH, AND MARSHALL
Smith River National Recreation Area (NRA) was established
by Congress in 1990 (Public Law 101-612) and encompasses
305,337 acres in northwestern California, primarily within the
Six Rivers National Forest. Currently, the NRA extends only to
the California-Oregon border. In 1990, Congress exclusively
established the Smith River NRA within California and did not
extend it into Oregon to cover the headwaters of the Smith
River watershed in the Rogue River-Siskiyou National Forest.
In 2012, owing to the potential presence of quantities of
strategic and critical minerals (e.g., nickel, scandium, and
cobalt), a mining company proposed exploratory drilling within
the North Fork's watershed. No exploratory drilling was
conducted, however, and federal and state rules aimed at
halting such activities were enacted. In January 2017, the
Obama administration implemented a 20-year mineral withdrawal
on 100,000 acres in the Rogue River-Siskiyou National Forest,
blocking new mining claims in several watersheds; and at the
state level, Oregon's Environmental Quality Commission voted to
designate the North Fork an Outstanding Resource Water.
S. 1538 would expand the Smith River NRA to add 58,000
acres of land in the Rogue River-Siskiyou National Forest in
Oregon. Because the existing Smith River NRA generally
prohibits mineral development, the proposed expansion would
result in a permanent loss of access to critical mineral
resources on these National Forest System lands. Further, the
bill would designate approximately 75 miles of the headwater
tributaries of the North Fork Smith River in Oregon as
components of the National Wild and Scenic River system. All of
these additional segments would be designated as wild rivers--
the most restrictive/protective category under the Wild and
Scenic River Act--which are inaccessible except by trail with
unpolluted waters that represent ``vestiges of primitive
America.'' Yet in November 2020, the Forest Service testified
before the Committee that ``none of these segments have been
found suitable'' for inclusion within the Wild and Scenic River
system.
We oppose S. 1538 as written because it would broadly
eliminate tenets of multiple-use on the landscape and
prioritize preservation and recreation-related uses at the
permanent expense of other uses (e.g., critical mineral
extraction, timber management activities, etc.). Even though we
continue to oppose S. 1538 as written, we stand ready to work
with our colleagues to advance more narrowly-tailored
legislation that will support state and local interests to
promote responsible land stewardship.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1538, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
SMITH RIVER NATIONAL RECREATION AREA ACT
Public Law 101-612
AN ACT To establish the Smith River National Recreation Area, to
redesignate the Sunset Crater National Monument, and for other purposes
* * * * * * *
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``excluded area'' means one of the four
areas specifically excluded from the recreation area,
as generally depicted on the map [referred to in
section 4(b)] entitled `Proposed Smith River National
Recreation Area' and dated July 1990'';
(2) the term ``forest plan'' means the land and
resource management plan for [the Six Rivers National
Forest] an applicable unit of the National Forest
System prepared pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604);
(3) the term ``recreation area'' means the Smith
River National Recreation Area established by section
4;
(4) the term ``Secretary'' means the Secretary of
Agriculture; and
(5) the term ``inner gorge'' means the inherently
unstable steep slope (65 percent gradient or more)
immediately adjacent to the stream or river channel,
extending from the channel or recent floodplain to the
first significant break in slope (usually 15 percent or
more).
SEC. 4. SMITH RIVER NATIONAL RECREATION AREA.
(a) Establishment.--For the purposes of ensuring the
preservation, protection, enhancement, and interpretation for
present and future generations of the Smith River watershed's
outstanding wild and scenic rivers, ecological diversity, and
recreation opportunities while providing for the wise use and
sustained productivity of its natural resources, there is
hereby established the Smith River National Recreation Area.
(b) Boundaries.--(1) The recreation area shall consist of
those lands within the area generally depicted on the map
entitled ``Proposed Smith River National Recreation Area'' and
dated July 1990 and on the map entitled ``Proposed Additions to
the Smith River National Recreation Area'' and dated November
14, 2019. The [map] maps shall be on file and available for
public inspection in the Office of the Chief, Forest Service,
Department of Agriculture. The Secretary may, by publication of
availability of a revised map and after public comment, make
corrections or minor changes to the boundary of the recreation
area.
(2) The exterior boundary of the recreation area, as
generally depicted on the [map] maps described in
paragraph (1), shall encompass the recreation area and
the four excluded areas.
(c) Boundary Modification.--The boundaries of the Six
Rivers National Forest are hereby modified as generally
depicted on the map referred to in subsection (b). A map and
legal description of the boundary of the Six Rivers National
Forest as modified by this subsection shall be on file and
available for public inspection in the Office of the Chief,
Forest Service, and the Office of the Forest Supervisor of the
Six Rivers National Forest.
(d) Transfer.--The federally owned lands within the
recreation area administered by the Secretary of the Interior
on the date of enactment of this Act, comprising approximately
20 acres, are hereby transferred to the jurisdiction of the
Secretary of Agriculture and shall be managed in accordance
with the laws applicable to the National Forest System and this
Act.
SEC. 5. ADMINISTRATION.
* * * * * * *
(b) Management Areas.--(1) The recreation area shall
contain eight management areas, as generally depicted on [the
map] the maps referred to in section 4(b) of this Act. The
Secretary may, pursuant to section 4(b) of this Act, make minor
revisions or amendments to the boundaries of the management
areas.
(2) The Secretary shall administer each management
area within the recreation area in accordance with the
following:
(A) The management emphasis for the North
Fork management [area shall be on] area and any
portion of the recreation area in the State of
Oregon shall be on roadless back-country and
whitewater recreation, while recognizing unique
botanic communities, outstanding whitewater,
and historic and scenic values.
(B) The management emphasis for the Upper
Middle Fork management area shall be on
providing and maintaining ecologic and biologic
diversity. Timber harvest shall be permitted,
consistent with subsection (a)(6), only in
existing plantations.
(C) The management emphasis for the Middle
Fork-Highway 199 management area shall be on
maintaining wildlife values and providing for a
full range of recreation uses, with particular
emphasis on the scenic and recreation values
associated with the Smith River, old growth
redwoods, and California State Highway 199.
(D) The management emphasis for the Upper
South Fork management area shall be on wild
river and roadless back-country recreation.
(E) The management emphasis for the Lower
South Fork management area shall be on
maintaining and protecting natural scenic
values in the river canyon while providing for
traditional and compatible river sports,
including white water rafting, angling,
sightseeing, and developed and dispersed
recreation. Timber harvests based on uneven-
aged management with extended rotations shall
be allowed where consistent with protection of
the scenic values of the recreation area.
(F) The management emphasis for the Lower
Hurdygurdy Creek management area shall be on
maintenance of wildlife values while providing
rustic family and group recreation facilities
for fishing, swimming, hunting, and camping.
Timber harvests based on uneven-aged management
with extended rotations shall be allowed where
consistent with protection of scenic and
wildlife values.
(G) The management emphasis for the
prescribed timber management area shall be on
providing a sustained yield of wood products
while maintaining biological and ecological
diversity.
(H) The management of the Siskiyou Wilderness
management area shall be pursuant to the
provisions of the Wilderness Act (16 U.S.C.
1131 et seq.). The Gasquet-Orleans Road
corridor between the eastern edge of section
36, T. 14 N., R. 3 E, and the corridor's
eastern terminus in the middle of section 26,
T. 14 N., R. 4 E. shall be added to the
Siskiyou Wilderness.
(I) The Kalmiopsis Wilderness shall be
managed in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.).
(c) Wild and Scenic Rivers.--The river segments designated
as wild and scenic rivers [by the amendments made by section
10(b) of this Act] within the recreation area shall be
administered in accordance with this subchapter and the Wild
and Scenic Rivers Act (16 U.S.C. 1271 et seq.). In case of
conflict between the provisions of these Acts, the more
restrictive provision shall apply.
(d) Study; Report.--
(1) In general.--Not later than 5 years after the
date of enactment of this subsection, the Secretary
shall conduct a study of the area depicted on the map
entitled ``Proposed Additions to the Smith River
National Recreation Area'' and dated November 14, 2019,
that includes inventories and assessments of streams,
fens, wetlands, lakes, other water features, and
associated land, plants (including Port-Orford-cedar),
animals, fungi, algae, and other values, and unstable
and potentially unstable aquatic habitat areas in the
study area.
(2) Modification of management plans; report.--On
completion of the study under paragraph (1), the
Secretary shall--
(A) modify any applicable management plan to
fully protect the inventoried values under the
study, including to implement additional
standards and guidelines; and
(B) submit to Congress a report describing
the results of the study.
(e) Wildfire Management.--Nothing in this Act affects the
authority of the Secretary (in cooperation with other Federal,
State, and local agencies, as appropriate) to conduct wildland
fire operations within the recreation area, consistent with the
purposes of this Act.
(f) Vegetation Management.--Nothing in this Act prohibits
the Secretary from conducting vegetation management projects
(including wildfire resiliency and forest health projects)
within the recreation area, to the extent consistent with the
purposes of the recreation area.
(g) Application of Northwest Forest Plan and Roadless Rule
to Certain Portions of the Recreation Area.--Nothing in this
Act affects the application of the Northwest Forest Plan or
part 294 of title 36, Code of Federal Regulations (commonly
referred to as the ``Roadless Rule'') (as in effect on the date
of enactment of this subsection), to portions of the recreation
area in the State of Oregon that are subject to the plan and
those regulations as of the date of enactment of this
subsection.
(h) Protection of Tribal Rights.--
(1) In general.--Nothing in this Act diminishes any
right of an Indian Tribe.
(2) Memorandum of Understanding.--The Secretary shall
seek to enter into a memorandum of understanding with
applicable Indian Tribes with respect to--
(A) providing the Indian Tribes with access
to the portions of the recreation area in the
State of Oregon to conduct historical and
cultural activities, including the procurement
of noncommercial forest products and materials
for traditional and cultural purposes; and
(B) the development of interpretive
information to be provided to the public on the
history of the Indian Tribes and the use of the
recreation area by the Indian Tribes.
SEC. 6. ACQUISITION AND DISPOSAL OF LANDS AND OTHER PROPERTY.
(a) Acquisition.--[The Secretary]
(1) In general._The Secretary is authorized to
acquire by purchase, donation, exchange, or otherwise
lands, waters, or interests therein (including scenic
or other easements), and structures or other
improvements thereon, within the boundaries of the
recreation area as the Secretary determines appropriate
for the purposes of this Act. [In exercising]
(2) Consideration of offers by secretary._In
exercising this authority, the Secretary is directed to
give prompt and careful consideration to any offer to
sell, exchange, or otherwise dispose of such property
made by an individual or organization. [The Secretary]
(3) Method of acquisition._The Secretary shall not
acquire any land or interest in land owned by the State
of California, [or any of its political subdivisions]
the State of Oregon, or any political subdivision of
the State of California or the State of Oregon within
the recreation area except by [donation or] purchase,
donation, or exchange. [All lands]
(4) Applicable law._All land acquired by the
Secretary pursuant to this Act shall be subject to the
laws and regulations pertaining to the National Forest
System and this Act.
(5) Acquisition of cedar creek parcel._On the
adoption of a resolution by the State Land Board of
Oregon and subject to available funding, the Secretary
shall acquire all right, title, and interest in and to
the approximately 555 acres of land known as the
``Cedar Creek Parcel'' located in sec. 16, T. 41 S., R.
11 W., Willamette Meridian.
(b) Transfers to Del Norte County.--(1) Upon the adoption
of a resolution by the Board of Supervisors of the County of
Del Norte, California, accepting title to the lands described
in paragraph (2) and subject to the County of Del Norte bearing
the cost of the survey of such lands, the Secretary shall
transfer all right, title, and interest of the United States in
and to the lands described in paragraph (2).
(2) The lands referred to in paragraph (1) are described as
follows:
(A) Lands north of tract 37, T. 17 N., R. 3 E., H.M.,
containing 6 acres, more or less, and more particularly
described as: Commencing at the N.E. corner of tract
37, T. 17 N., R. 3 E., H.M.; thence, northerly on a
line continuing the eastern boundary of said tract 37
to a point where it intersects the southern boundary of
the easement for State highway conveyed to the State of
California, Department of Transportation, on the 17th
day of May 1977, and recorded on June 22, 1977 at book
206 of Official Records, page 256; thence,
southwesterly along the southern boundary of said
easement to the point where it intersects the northern
boundary of said tract 37; thence, easterly along the
northern boundary of said tract 37 to the point of
beginning.
(B) Lands east of tract 37, T. 17 N., R. 3 E., H.M.,
containing 6 acres, more or less, and more particularly
described as: Commencing at a point on the eastern
boundary of tract 37, T. 17 N., R. 3 E., H.M., lying
332 feet southerly of the N.E. corner of said tract 37;
thence, due east to the high water line of the Middle
Fork of the Smith River; thence, southwesterly along
the high water line of the Middle Fork of the Smith
River to its intersection with the northern boundary of
tract 38, T. 17 N., R. 3 E.; thence, westerly along the
northern boundary of said tract 38 to its intersection
with said track 37; thence, northerly along the eastern
boundary of said tract 37 to the point of beginning.
(c) Conditions of Transfer.--Transfer of the lands and
interests described in subsection (b)(2) of this section shall
be subject to the condition that all right, title, and interest
therein shall revert to the United States if the county of Del
Norte, California, attempts to transfer any portion of such
lands to any other entity or person or if Del Norte County
permits any portion of such lands to be used for any purpose
incompatible with the purposes of this Act. The Secretary shall
include in any document of conveyance whereby such lands are
transferred to the county of Del Norte appropriate provisions
to implement this subsection.
(d) Withdrawal.--Subject to valid existing rights, all
public lands within the recreation area are hereby withdrawn
from entry, sale, or other disposition under the public land
laws of the United States. This subsection shall not affect the
exchange authorities of the Secretary.
SEC. 7. FISH AND GAME.
Nothing in this Act shall be construed to affect the
jurisdiction or responsibilities of the State of California or
the State of Oregon with respect to fish and wildlife,
including the regulation of hunting, fishing, and trapping on
any lands managed by the Secretary under this Act, except that
the Secretary may designate zones where, and establish periods
when, no hunting, fishing, or trapping shall be permitted for
reasons of protecting nongame species and their habitats,
public safety, administration, or public use find enjoyment.
Except in emergencies, any regulation of the Secretary pursuant
to this section shall be put into effect only after
consultation with the fish and wildlife agency of the State of
California or the State of Oregon, as applicable.
* * * * * * *
SEC. 9. MANAGEMENT PLANNING.
[The Secretary] (a) Revision of Management Plan._The
Secretary shall revise the document entitled ``Smith River
National Recreation Area Management Plan'' dated February 1990
to conform to the provisions of this Act, and such revised plan
shall guide management of the recreation area and shall be
incorporated in its entirety into the forest plan for the Six
Rivers National Forest. This incorporation shall not be deemed
a revision or amendment to the forest plan for purposes of the
section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974. The Secretary shall make such further
revisions to the management plan as are necessary in order to
include more specific development and use plans for the
recreation areas. Such revisions shall be made no later than 5
years after the enactment of this Act. Such revisions and any
other modifications of the management plan shall be made only
through the processes of revision or amendment of the forest
plan pursuant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974, including appropriate
consultation with State and local government officials and
provision for full public participation considering the views
of all interested parties, organizations, and individuals.
(b) Smith River National Recreation Area Management Plan
Revision.--As soon as practicable after the date of the first
revision of the forest plan after the date of enactment of this
subsection, the Secretary shall revise the management plan for
the recreation area--
(1) to reflect the expansion of the recreation area
into the State of Oregon under the Smith River National
Recreation Area Expansion Act; and
(2) to include an updated recreation action schedule
to identify specific use and development plans for the
areas described in the map entitled ``Proposed
Additions to the Smith River National Recreation Area''
and dated November 14, 2019.
* * * * * * *
SEC. 11. STREAMSIDE PROTECTION ZONES.
* * * * * * *
(b) For each of the rivers and river segments specified in
this subsection there is established a streamside protection
zone in which timber harvesting shall be prohibited except as
permitted in section 5(a)(7). Such zone shall extend on the
average of one-quarter mile on either side of said rivers and
river segments, or 100 feet from the inner gorge of said rivers
and river segments, or within the limit of high and extreme
landslide hazards on said rivers and river segments, whichever
is greater. The provisions of this subsection shall apply to
the following rivers and river segments:
(1) Main stem Smith (from the South Fork to the NRA
boundary).
(2) Middle Fork Smith (from its headwaters to its
confluence with the Middle Fork of the Smith River).
(3) Myrtle Creek (from its headwaters to its
confluence with the Middle Fork of the Smith River).
(4) Kelly Creek (from its headwaters to its
confluence with the Middle Fork of the Smith River).
(5) Packsaddle Creek (from its headwaters to its
confluence with the Middle Fork of the Smith River).
(6) Griffin Creek (from its headwaters to its
confluence with the Middle Fork of the Smith River).
(7) Knopti Creek (from its headwaters to its
confluence with the Middle Fork of the Smith River).
(8) North Fork of the Smith River (from the
California/Oregon border to its confluence with the
Middle Fork of the Smith River).
(9) Diamond Creek (from the California/Oregon border
to its confluence with the North Fork of the Smith
River).
(10) Bear Creek (from its headwaters to its
confluence with Diamond Creek).
(11) Still Creek (from its headwaters to its
confluence with the North Fork of the Smith River).
(12) North Fork of Diamond Creek (from the
California/Oregon border to its confluence with Diamond
Creek).
(13) High Plateau Creek (from its headwaters to its
confluence with Diamond Creek).
(14) Stony Creek (from its headwaters to its
confluence with the North Fork of the Smith River).
(15) Peridotite Creek (from its headwaters to its
confluence with the North Fork of the Smith River).
(16) Siskiyou Fork, Smith River (from its headwaters
to the Middle Fork of the Smith River).
(17) South Siskiyou Fork of the Smith River (from its
headwaters to its confluence with the Siskiyou Fork of
the Smith River).
(18) South Fork Smith River (from its headwaters to
its confluence with the Middle Fork of the Smith
River).
(19) Williams Creek (from its headwaters to its
confluence with the South Fork of the Smith River).
(20) Eight Mile Creek (from its headwaters to its
confluence with the South Fork of the Smith River).
(21) Harrington Creek (from its headwaters to its
confluence with the South Fork of the Smith River).
(22) Prescott Fork of the Smith River (from its
headwaters to its confluence with the South Fork of the
Smith River).
(23) Buck Creek (from its headwaters to its
confluence with the South Fork of the Smith River).
(24) Each of the river segments described in
subparagraph (B) of section 3(a)(92) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)(92)).
* * * * * * *
SEC. 12. STATE AND LOCAL JURISDICTION AND ASSISTANCE.
(a) State and Local Jurisdiction.--Nothing in this Act
shall diminish, enlarge, or modify any right of the State of
[California or any political subdivision thereof] California,
the State of Oregon, or a political subdivision of the State of
California or the State of Oregon to exercise civil and
criminal jurisdiction or to carry out State fish and game laws,
rules, and regulations within the recreation area, or to tax
persons, franchise, or private property on the lands and waters
included in the recreation area, or to regulate the private
lands within the recreation area.
(b) Cooperative Agreements.--The Secretary is authorized
and encouraged to enter into cooperative agreements with the
State of [California or its political subdivisions] California,
the State of Oregon, or a political subdivision of the State of
California or the State of Oregon for--
(1) the rendering on a reimbursable basis, of rescue,
firefighting, and law enforcement services and
cooperative assistance by nearby law enforcement and
fire prevention agencies; and
(2) the planning for use, management, and development
of non-Federal lands within the recreation area and
elsewhere in the Smith River watershed in the
furtherance of the purposes of this Act.
(c) Technical Assistance.--To enable the State of
[California and its political subdivisions] California, the
State of Oregon, and any political subdivision of the State of
California or the State of Oregon to develop and implement
programs compatible with the purposes of this Act, the
Secretary, in consultation with the Secretaries of the
Interior, Commerce, and Housing and Urban Development, shall
consider upon request such technical assistance to the [State
and its political subdivisions] State of California, the State
of Oregon, and any political subdivision of the State of
California or the State of Oregon as is necessary to fulfill
the purposes of this section. Such assistance may include
payments or grants, within existing programs, for technical aid
and program development.
(d) Land Information System.--The Secretary of Agriculture
shall assist the county of Del Norte in developing a land
information system that will be compatible with the Forest
Service and National Park Service systems for the Federal lands
in Del Norte County and such non-Federal systems as may be
appropriate and that will be made available to Federal and non-
Federal entities for use in coordinating planning for the
recreation area and other lands in the Smith River watershed.
* * * * * * *
WILD AND SCENIC RIVERS ACT
Public Law 90-542
AN ACT To provide for a National Wild and Scenic Rivers System, and for
other purposes
* * * * * * *
SEC. 3. COMPONENT RIVERS AND ADJACENT LANDS.
(a) The following rivers and the land adjacent thereto are
hereby designated as components of the national wild and scenic
rivers system:
* * * * * * *
(92) North Fork Smith, Oregon.--[The 13-mile]
(A) In General._The 13-mile segment from its
headwaters to the Oregon-California State line;
to be administered by the Secretary of
Agriculture in the following classes:
([A]i) The 6.5-mile segment from its
headwaters to Horse Creek as a wild river;
([B]ii) the 4.5-mile segment from Horse Creek
to Baldface Creek as a [scenic] wild river; and
([C]iii) the 2-mile segment from Baldface
Creek to the Oregon-California State line as a
wild river.
(B) Additions.--The following segments of the
source tributaries of the North Fork Smith
River, to be administered by the Secretary of
Agriculture in the following classes:
(i) The 13.26-mile segment of
Baldface Creek from its headwaters,
including all perennial tributaries, to
the confluence with the North Fork
Smith in T. 39 S., R 10 W., T. 40 S.,
R. 10 W., and T. 41 S., R. 11 W.,
Willamette Meridian, as a wild river.
(ii) The 3.58-mile segment from the
headwaters of Taylor Creek to the
confluence with Baldface Creek, as a
wild river.
(iii) The 4.38-mile segment from the
headwaters of the unnamed tributary to
Biscuit Creek and the headwaters of
Biscuit Creek to the confluence with
Baldface Creek, as a wild river.
(iv) The 2.27-mile segment from the
headwaters of Spokane Creek to the
confluence with Baldface Creek, as a
wild river.
(v) The 1.25-mile segment from the
headwaters of Rock Creek to the
confluence with Baldface Creek, flowing
south from sec. 19, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
(vi) The 1.31-mile segment from the
headwaters of the unnamed tributary
number 2 to the confluence with
Baldface Creek, flowing north from sec.
27, T. 40 S., R. 10 W., Willamette
Meridian, as a wild river.
(vii) The 3.6-mile segment from the 2
headwaters of the unnamed tributary
number 3 to the confluence with
Baldface Creek, flowing south from
secs. 9 and 10, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
(viii) The 1.57-mile segment from the
headwaters of the unnamed tributary
number 4 to the confluence with
Baldface Creek, flowing north from sec.
26, T. 40 S., R. 10 W., Willamette
Meridian, as a wild river.
(ix) The 0.92-mile segment from the
headwaters of the unnamed tributary
number 5 to the confluence with
Baldface Creek, flowing north from sec.
13, T. 40 S., R. 10 W., Willamette
Meridian, as a wild river.
(x) The 4.90-mile segment from the
headwaters of Cedar Creek to the
confluence with North Fork Smith River,
as a wild river.
(xi) The 2.38-mile segment from the
headwaters of Packsaddle Gulch to the
confluence with North Fork Smith River,
as a wild river.
(xii) The 2.4-mile segment from the
headwaters of Hardtack Creek to the
confluence with North Fork Smith River,
as a wild river.
(xiii) The 2.21-mile segment from the
headwaters of the unnamed creek to the
confluence with North Fork Smith River,
flowing east from sec. 29, T. 40 S., R.
11 W., Willamette Meridian, as a wild
river.
(xiv) The 3.06-mile segment from the
headwaters of Horse Creek to the
confluence with North Fork Smith River,
as a wild river.
(xv) The 2.61-mile segment of Fall
Creek from the Oregon State border to
the confluence with North Fork Smith
River, as a wild river.
(xvi) (I) Except as provided in
subclause (II), the 4.57-mile segment
from the headwaters of North Fork
Diamond Creek to the confluence with
Diamond Creek, as a wild river.
(II) Notwithstanding subclause (I),
the portion of the segment described in
that subclause that starts 100 feet
above Forest Service Road 4402 and ends
100 feet below Forest Service Road 4402
shall be administered as a scenic
river.
(xvii) The 1.02-mile segment from the
headwaters of Diamond Creek to the
Oregon State border in sec. 14, T. 40
S., R. 10 W., Willamette Meridian, as a
wild river.
(xviii) The 1.14-mile segment from
the headwaters of Acorn Creek to the
confluence with Horse Creek, as a wild
river.
(xix) The 8.58-mile segment from the
headwaters of Chrome Creek to the
confluence with North Fork Smith River,
as a wild river.
(xx) The 2.98-mile segment from the
headwaters Chrome Creek tributary
number 1 to the confluence with Chrome
Creek, 0.82 miles upstream from the
mouth of Chrome Creek in the Kalmiopsis
Wilderness, flowing south from sec. 15,
T. 40 S., R. 11 W., Willamette
Meridian, as a wild river.
(xxi) The 2.19-mile segment from the
headwaters of Chrome Creek tributary
number 2 to the confluence with Chrome
Creek, 3.33 miles upstream from the
mouth of Chrome Creek in the Kalmiopsis
Wilderness, flowing south from sec. 12,
T. 40 S., R. 11 W., Willamette
Meridian, as a wild river.
(xxii) The 1.27-mile segment from the
headwaters of Chrome Creek tributary
number 3 to the confluence with Chrome
Creek, 4.28 miles upstream from the
mouth of Chrome Creek in the Kalmiopsis
Wilderness, flowing north from sec. 18,
T. 40 S., R. 10 W., Willamette
Meridian, as a wild river.
(xxiii) The 2.27-mile segment from
the headwaters of Chrome Creek
tributary number 4 to the confluence
with Chrome Creek, 6.13 miles upstream
from the mouth of Chrome Creek, flowing
south from Chetco Peak in the
Kalmiopsis Wilderness in sec. 36, T. 39
S., R. 11 W., Willamette Meridian, as a
wild river.
(xxiv) The 0.6-mile segment from the
headwaters of Wimer Creek to the border
between the States of Oregon and
California, flowing south from sec. 17,
T. 41 S., R. 10 W., Willamette
Meridian, as a wild river.
* * * * * * *
[(111) Smith river, california.--The segment from the
confluence of the Middle Fork Smith River and the North
Fork Smith River to the Six Rivers National Forest
boundary, including the following segments of the
mainstem and certain tributaries, to be administered by
the Secretary of Agriculture in the following classes:
(A) The segment from the confluence of the
Middle Fork Smith River and the South Fork
Smith River to the National Forest boundary, as
a recreational river.
(B) Rowdy Creek from the California-Oregon
State line to the National Forest boundary, as
a recreational river.]
(111) Smith river, california and oregon.--The
segment from the confluence of the Middle Fork Smith
River and the North Fork Smith River to the Six Rivers
National Forest boundary, including the following
segments of the mainstem and certain tributaries, to be
administered by the Secretary of Agriculture in the
following classes:
(A) Mainstem.--The segment from the
confluence of the Middle Fork Smith River and
the South Fork Smith River to the Six Rivers
National Forest boundary, as a recreational
river.
(B) Rowdy creek.--
(i) Upper.--The segment from and
including the headwaters to the
California-Oregon State line, as a wild
river.
(ii) Lower.--The segment from the
California-Oregon State line to the Six
Rivers National Forest boundary, as a
recreational river.
* * * * * * *
[all]