§545b Opal Creek Wilderness and Scenic Recreation Area

Summary

Creates the Opal Creek Wilderness (about 12,800 acres) and an Opal Creek Scenic Recreation Area (about 13,000 acres) in the Willamette National Forest and adds the part of the Bull of the Woods Wilderness that lies in that forest into the Opal Creek Wilderness. Definitions: Bull of the Woods Wilderness — an existing wilderness from 1984; Opal Creek Wilderness — about 12,800 acres in Willamette National Forest; Scenic Recreation Area — about 13,000 acres shown on the July 1996 map; Secretary — the Secretary of Agriculture. Those designations only take effect if, within 2 years after November 12, 1996, the Secretary finds that certain patented parcels, mining claims, and an easement have been donated to the United States and that binding agreements have been made with owners of other specified mining claims. Lands the United States acquires under those conditions become part of the Wilderness or the Scenic Recreation Area. The Secretary must manage the Scenic Recreation Area under National Forest laws and, within 2 years of its establishment, write an Opal Creek Management Plan with an advisory committee. The plan becomes part of the Willamette National Forest plan and must allow recreation, gathering of nontraditional forest products (like mushrooms or basket materials), and education and research. Motorized vehicles are generally banned in the Scenic Recreation Area, but the Secretary must make a transportation plan that keeps reasonable access to existing sites, considers people with disabilities, and allows forest road 2209 beyond the gate to be used only for administration and private inholder access without paving or widening. Hunting and fishing are allowed under applicable law, subject to safety zones and consultation with Oregon’s fish and wildlife agency. Cutting or selling trees is prohibited except for public safety, administration, or removal of hazard trees, and no salvage timber sales are allowed. Lands in the Scenic Recreation Area are withdrawn from general public entry, mining location, and mineral leasing laws, subject to valid existing rights, but the Bornite Project area is specifically allowed to continue lawful exploration and mining activities with possible roads, structures, and utilities, and no new mining patents there may be issued after November 12, 1996. The Federal Energy Regulatory Commission may not license hydroelectric or similar projects in the Scenic Recreation Area except as needed for Bornite. An advisory council of up to 13 unpaid members must be set up within 90 days and include local and state representatives and other stakeholders. The Secretary may acquire lands needed to meet the law’s purposes, but state or local lands may only be taken by donation or exchange, and private land generally cannot be taken without the owner’s consent unless the land use has changed significantly since November 12, 1996 and acquisition is essential. The Secretary must file maps and boundary descriptions with certain Congressional committees soon after November 12, 1996 and keep them available to the public. If Rosboro Lumber conveys Section 36, Township 8 South, Range 4 East to the United States, the Secretary must convey equal-value land to Rosboro from a prioritized list of seven parcels in Township 17 South, Range 4 East totaling parcels of 37.63, 29.28, 80, 40, 40, 40, and 80 acres (as needed), with value equalized by appraisal or cash; that exchange must close within 120 days after Rosboro’s conveyance and Rosboro has 2 years after November 12, 1996 to offer the land. Finally, after the Management Plan and a state economic plan are completed, the Secretary shall provide, subject to appropriations, $15,000,000 to Oregon for grants or loans for local economic development; the State must report yearly, provide records on request, and reuse repaid loan funds for more grants or loans.