[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 945 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 945
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11 (legislative day, March 10), 2025
Mr. Merkley (for himself, Mr. Wyden, Mr. Padilla, and Mr. Schiff)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smith River National Recreation Area
Expansion Act''.
SEC. 2. ADDITIONS TO THE SMITH RIVER NATIONAL RECREATION AREA.
(a) Definitions.--Section 3 of the Smith River National Recreation
Area Act (16 U.S.C. 460bbb-1) is amended--
(1) in paragraph (1), by striking ``referred to in section
4(b)'' and inserting ``entitled `Proposed Smith River National
Recreation Area' and dated July 1990''; and
(2) in paragraph (2), by striking ``the Six Rivers National
Forest'' and inserting ``an applicable unit of the National
Forest System''.
(b) Boundaries.--Section 4(b) of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-2(b)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by inserting ``and on
the map entitled `Proposed Additions to the Smith River
National Recreation Area' and dated January 23, 2023''
after ``1990''; and
(B) in the second sentence, by striking ``map'' and
inserting ``maps''; and
(2) in paragraph (2), by striking ``map'' and inserting
``maps described in paragraph (1)''.
(c) Administration.--Section 5 of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-3) is amended--
(1) in subsection (b)--
(A) in paragraph (1), in the first sentence, by
striking ``the map'' and inserting ``the maps''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``area
shall be on'' and inserting ``area and any
portion of the recreation area in the State of
Oregon shall be on roadless''; and
(ii) by adding at the end the following:
``(I) The Kalmiopsis Wilderness shall be managed in
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.).'';
(2) in subsection (c), by striking ``by the amendments made
by section 10(b) of this Act'' and inserting ``within the
recreation area''; and
(3) by adding at the end the following:
``(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 January 23, 2023, 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.''.
(d) Acquisition.--Section 6(a) of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-4(a)) is amended--
(1) in the fourth sentence, by striking ``All lands'' and
inserting the following:
``(4) Applicable law.--All land'';
(2) in the third sentence--
(A) by striking ``The Secretary'' and inserting the
following:
``(3) Method of acquisition.--The Secretary'';
(B) by striking ``or any of its political
subdivisions'' and inserting ``, the State of Oregon,
or any political subdivision of the State of California
or the State of Oregon''; and
(C) by striking ``donation or'' and inserting
``purchase, donation, or'';
(3) in the second sentence, by striking ``In exercising''
and inserting the following:
``(2) Consideration of offers by secretary.--In
exercising'';
(4) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) In general.--The Secretary''; and
(5) by adding at the end the following:
``(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.''.
(e) Fish and Game.--Section 7 of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-5) is amended--
(1) in the first sentence, by inserting ``or the State of
Oregon'' after ``State of California''; and
(2) in the second sentence, by inserting ``or the State of
Oregon, as applicable'' after ``State of California''.
(f) Management Planning.--Section 9 of the Smith River National
Recreation Area Act (16 U.S.C. 460bbb-7) is amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(a) Revision of Management Plan.--The Secretary''; and
(2) by adding at the end the following:
``(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 January 23, 2023.''.
(g) Streamside Protection Zones.--Section 11(b) of the Smith River
National Recreation Area Act (16 U.S.C. 460bbb-8(b)) is amended by
adding at the end the following:
``(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)).''.
(h) State and Local Jurisdiction and Assistance.--Section 12 of the
Smith River National Recreation Area Act (16 U.S.C. 460bbb-9) is
amended--
(1) in subsection (a), by striking ``California or any
political subdivision thereof'' and inserting ``California, the
State of Oregon, or a political subdivision of the State of
California or the State of Oregon'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``California or its political subdivisions''
and inserting ``California, the State of Oregon, or a political
subdivision of the State of California or the State of
Oregon''; and
(3) in subsection (c), in the first sentence--
(A) by striking ``California and its political
subdivisions'' and inserting ``California, the State of
Oregon, and any political subdivision of the State of
California or the State of Oregon''; and
(B) by striking ``State and its political
subdivisions'' and inserting ``State of California, the
State of Oregon, and any political subdivision of the
State of California or the State of Oregon''.
SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.
(a) North Fork Smith Additions, Oregon.--
(1) Finding.--Congress finds that the source tributaries of
the North Fork Smith River in the State of Oregon possess
outstandingly remarkable wild anadromous fish and prehistoric,
cultural, botanical, recreational, and water quality values.
(2) Designation.--Section 3(a)(92) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(92)) is amended--
(A) in subparagraph (B), by striking ``scenic'' and
inserting ``wild'';
(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
indenting appropriately;
(C) in the matter preceding clause (i) (as so
redesignated), by striking ``The 13-mile'' and
inserting the following:
``(A) In general.--The 13-mile''; and
(D) by adding at the end the following:
``(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.''.
(b) Expansion of Smith River, Oregon.--Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph
(111) and inserting the following:
``(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>