ADMINISTRATION OF THE SCENIC RECREATION AREA.

SEC. 105. ADMINISTRATION OF THE SCENIC RECREATION AREA. (a) In General.— The Secretary shall administer the Scenic Recreation Area in accordance with this title and the laws (including regulations) applicable to the National Forest System. (b) Opal Creek Management Plan.— (1) 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 section 106(a), shall prepare a comprehensive Opal Creek Management Plan (Management Plan) for the Scenic Recreation Area. (2) Incorporation in land and resource management plan.— 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 or the National Forest Management Act or regulations promulgated under those Acts, or any other law. (3) Requirements.— The Opal Creek Management Plan shall provide for a broad range of land uses, including— (A) recreation; (B) harvesting of nontraditional forest products, such as gathering mushrooms and material to make baskets; and (C) educational and research opportunities. (4) Plan amendments.— The Secretary may amend the Opal Creek Management Plan as the Secretary may determine to be necessary, consistent with the procedures and purposes of this title. (c) Recreation.— (1) Recognition.— Congress recognizes recreation as an appropriate use of the Scenic Recreation Area. (2) Minimum levels.— The management plan shall permit recreation activities at not less than the levels in existence on the date of enactment of this title. (3) Higher levels.— The management plan may provide for levels of recreation use higher than the levels in existence on the date of enactment of this title if such uses are consistent with the protection of the resource values of Scenic Recreation Area. 110 STAT. 3009–526 (4) The management plan may include public trail access through section 28, township 8 south, range 5 east, Willamette Meridian, to Battle Axe Creek, Opal Pool and other areas in the Opal Creek Wilderness and the Opal Creek Scenic Recreation Area. (d) Transportation Planning.— (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 the date of enactment of this title, the Secretary shall prepare a transportation plan for the Scenic Recreation Area that: (A) evaluates the road network within the Scenic Recreation Area to determine which roads should be retained and which roads should be closed; (B) provides guidelines for transportation and access consistent with this title; (C) considers the access needs of persons with disabilities in preparing the transportation plan for the Scenic Recreation Area; (D) allows forest road 2209 beyond the gate to the Scenic Recreation Area, as depicted on the map described in 102(2), 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 (E) restricts construction on or improvements to forest road 2209 beyond the gate to the Scenic Recreation Area to maintaining the character of the road as it existed upon the date of enactment of this title, which shall not include paving or widening. In order to comply with subsection 107(b) of this title, the Secretary may make improvements to forest road 2209 and its bridge structures consistent with the character of the road as it existed on the date of enactment of this title. (e) Hunting and Fishing.— (1) In general.— Subject to applicable Federal and State law, the Secretary shall permit hunting and fishing in the Scenic Recreation Area. (2) Limitation.— The Secretary may designate zones in which, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, or public use and enjoyment of the Scenic Recreation Area. (3) Consultation.— Except during an emergency, as determined by the Secretary, the Secretary shall consult with the Oregon State Department of Fish and Wildlife before issuing any regulation under this subsection. (f) Timber Cutting.— (1) In general.— Subject to paragraph (2), the Secretary shall prohibit the cutting and/or selling of trees in the Scenic Recreation Area. (2) Permitted cutting.— (A) In general.— Subject to subparagraph (B), 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 110 STAT. 3009–527Area or on land adjacent to the Scenic Recreation Area; (ii) for activities related to administration of the Scenic Recreation Area, consistent with the Opal Creek Management Plan; or (iii) for removal of hazard trees along trails and roadways. (B) Salvage sales.— The Secretary may not allow a salvage sale in the Scenic Recreation Area. (g) Withdrawal.— (1) Subject to valid existing rights, all lands in the Scenic Recreation Area are withdrawn from— (i) any form of entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under the mineral and geothermal leasing laws. (h) Bornite Project.— (1) Nothing in this title 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 102(3), conducted in accordance with applicable laws. (2) Nothing in this title 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. (3) Motorized vehicles, roads, structures, and utilities (including but not limited to power lines and water lines) may be allowed inside the Scenic Recreation Area to serve the activities conducted on land within the Bornite Project. (4) After the date of enactment of this title, no patent or claim shall be issued for any mining claim under the general mining laws located within the Bornite Project Area. (i) 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 subsection 105(h) with regard to the Bornite Project. (j) Cultural and Historic Resource Inventory.— (1) 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; 16 U.S.C. 1132). (2) 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. (k) Participation.— So that the knowledge, expertise, and views of all agencies and groups may contribute affirmatively to 110 STAT. 3009–528the most sensitive present and future use of the Scenic Recreation Area and its various subareas for the benefit of the public: (1) Advisory council.— The Secretary shall consult on a periodic and regular basis with the advisory council established under section 106 with respect to matters relating to management of the Scenic Recreation Area. (2) Public participation.— The Secretary shall seek the views of private groups, individuals, and the public concerning the Scenic Recreation Area. (3) Other agencies.— The Secretary shall seek the views and assistance of, and cooperate with, any other Federal, State, or local agency with any responsibility for the zoning, planning, or natural resources of the Scenic Recreation Area. (4) Nonprofit agencies and organizations.— The Secretary shall seek the views of any nonprofit agency or organization that may contribute information or expertise about the resources and the management of the Scenic Recreation Area.