[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2765 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2765
To designate and expand wilderness areas in Olympic National Forest in
the State of Washington, and to designate certain rivers in Olympic
National Forest and Olympic National Park as wild and scenic rivers,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Kilmer introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To designate and expand wilderness areas in Olympic National Forest in
the State of Washington, and to designate certain rivers in Olympic
National Forest and Olympic National Park as wild and scenic rivers,
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 ``Wild Olympics Wilderness and Wild
and Scenic Rivers Act''.
SEC. 2. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS AREAS.
(a) In General.--In furtherance of the Wilderness Act (16 U.S.C.
1131 et seq.), the following Federal land in the Olympic National
Forest in the State of Washington comprising approximately 126,554
acres, as generally depicted on the map entitled ``Proposed Wild
Olympics Wilderness and Wild and Scenic Rivers Act'' and dated April 8,
2019 (referred to in this section as the ``map''), is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Lost creek wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 7,159 acres, as
generally depicted on the map, which shall be known as the
``Lost Creek Wilderness''.
(2) Rugged ridge wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 5,956 acres, as
generally depicted on the map, which shall be known as the
``Rugged Ridge Wilderness''.
(3) Alckee creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,787 acres, as
generally depicted on the map, which shall be known as the
``Alckee Creek Wilderness''.
(4) Gates of the elwha wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 5,669
acres, as generally depicted on the map, which shall be known
as the ``Gates of the Elwha Wilderness''.
(5) Buckhorn wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately 21,965
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Buckhorn Wilderness'',
as designated by section 3 of the Washington State Wilderness
Act of 1984 (16 U.S.C. 1132 note; Public Law 98-339).
(6) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 4,790
acres, as generally depicted on the map, which shall be known
as the ``Green Mountain Wilderness''.
(7) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,625
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``The Brothers
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(8) Mount skokomish wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,933
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Mount Skokomish
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(9) Wonder mountain wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 26,517
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Wonder Mountain
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(10) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 9,117
acres, as generally depicted on the map, which shall be known
as the ``Moonlight Dome Wilderness''.
(11) South quinault ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 10,887
acres, as generally depicted on the map, which shall be known
as the ``South Quinault Ridge Wilderness''.
(12) Colonel bob wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
353 acres, as generally depicted on the map, is incorporated
in, and shall be managed as part of, the ``Colonel Bob
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(13) Sams river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 13,418 acres,
as generally depicted on the map, which shall be known as the
``Sams River Wilderness''.
(14) Canoe creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,378 acres, as
generally depicted on the map, which shall be known as the
``Canoe Creek Wilderness''.
(b) Administration.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be
administered by the Secretary of Agriculture (referred to in
this section as the ``Secretary''), in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this Act.
(2) Map and description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
a map and a legal description of the land designated as
wilderness by subsection (a) with--
(i) the Committee on Natural Resources of
the House of Representatives; and
(ii) the Committee on Energy and Natural
Resources of the Senate.
(B) Effect.--Each map and legal description filed
under subparagraph (A) shall have the same force and
effect as if included in this Act, except that the
Secretary may correct minor errors in the map and legal
description.
(C) Public availability.--Each map and legal
description filed under subparagraph (A) shall be filed
and made available for public inspection in the
appropriate office of the Forest Service.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 5,346
acres as identified as ``Potential Wilderness'' on the map, is
designated as potential wilderness.
(2) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) have terminated, the potential wilderness shall
be--
(A) designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) incorporated into the adjacent wilderness area.
(d) Adjacent Management.--
(1) No protective perimeters or buffer zones.--The
designations in this section shall not create a protective
perimeter or buffer zone around any wilderness area.
(2) Nonconforming uses permitted outside of boundaries of
wilderness areas.--Any activity or use outside of the boundary
of any wilderness area designated under this section shall be
permitted even if the activity or use would be seen or heard
within the boundary of the wilderness area.
(e) Fire, Insects, and Diseases.--The Secretary may take such
measures as are necessary to control fire, insects, and diseases, in
the wilderness areas designated by this section, in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
subject to such terms and conditions as the Secretary determines to be
appropriate.
SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the following:
``(233) Elwha river, washington.--The approximately 29.0-
mile segment of the Elwha River and tributaries from the source
to Cat Creek, to be administered by the Secretary of the
Interior as a wild river.
``(234) Dungeness river, washington.--The segment of the
Dungeness River from the headwaters to the State of Washington
Department of Natural Resources land in T. 29 N., R. 4 W., sec.
12, to be administered by the Secretary of Agriculture, except
that portions of the river within the boundaries of Olympic
National Park shall be administered by the Secretary of the
Interior, including the following segments of the mainstem and
major tributary the Gray Wolf River, in the following classes:
``(A) The approximately 5.8-mile segment of the
Dungeness River from the headwaters to the 2870 Bridge,
as a wild river.
``(B) The approximately 2.1-mile segment of the
Dungeness River from the 2870 Bridge to Silver Creek,
as a scenic river.
``(C) The approximately 2.7-mile segment of the
Dungeness River from Silver Creek to Sleepy Hollow
Creek, as a wild river.
``(D) The approximately 6.3-mile segment of the
Dungeness River from Sleepy Hollow Creek to the Olympic
National Forest boundary, as a scenic river.
``(E) The approximately 1.9-mile segment of the
Dungeness River from the National Forest boundary to
the State of Washington Department of Natural Resources
land in T. 29 N., R. 4 W., sec. 12, to be administered
as a recreational river through a cooperative
management agreement between the State of Washington
and the Secretary of Agriculture, as provided in
section 10(e).
``(F) The approximately 16.1-mile segment of the
Gray Wolf River from the headwaters to the 2870 Bridge,
as a wild river.
``(G) The approximately 1.1-mile segment of the
Gray Wolf River from the 2870 Bridge to the confluence
with the Dungeness River, as a scenic river.
``(235) Big quilcene river, washington.--The segment of the
Big Quilcene River from the headwaters to the City of Port
Townsend water intake facility, to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 4.4-mile segment from the
headwaters to the Buckhorn Wilderness boundary, as a
wild river.
``(B) The approximately 5.3-mile segment from the
Buckhorn Wilderness boundary to the City of Port
Townsend water intake facility, as a scenic river.
``(C) Section 7(a), with respect to the licensing
of dams, water conduits, reservoirs, powerhouses,
transmission lines, or other project works, shall apply
to the approximately 5-mile segment from the City of
Port Townsend water intake facility to the Olympic
National Forest boundary.
``(236) Dosewallips river, washington.--The segment of the
Dosewallips River from the headwaters to the private land in T.
26 N., R. 3 W., sec. 15, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 12.9-mile segment from the
headwaters to Station Creek, as a wild river.
``(B) The approximately 6.8-mile segment from
Station Creek to the private land in T. 26 N., R. 3 W.,
sec. 15, as a scenic river.
``(237) Duckabush river, washington.--The segment of the
Duckabush River from the headwaters to the private land in T.
25 N., R. 3 W., sec. 1, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 19.0-mile segment from the
headwaters to the Brothers Wilderness boundary, as a
wild river.
``(B) The approximately 1.9-mile segment from the
Brothers Wilderness boundary to the private land in T.
25 N., R. 3 W., sec. 1, as a scenic river.
``(238) Hamma hamma river, washington.--The segment of the
Hamma Hamma River from the headwaters to the eastern edge of
the NW\1/4\ sec. 21, T. 24 N., R. 3 W., to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 3.1-mile segment from the
headwaters to the Mt. Skokomish Wilderness boundary, as
a wild river.
``(B) The approximately 5.8-mile segment from the
Mt. Skokomish Wilderness boundary to Lena Creek, as a
scenic river.
``(C) The approximately 6.8-mile segment from Lena
Creek to the eastern edge of the NW\1/4\ sec. 21, T. 24
N., R. 3 W., to be administered as a recreational river
through a cooperative management agreement between the
State of Washington and the Secretary of Agriculture,
as provided in section 10(e).
``(239) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 6.7-mile segment from the
headwaters to Church Creek, as a wild river.
``(B) The approximately 8.3-mile segment from
Church Creek to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from LeBar
Creek to upper end of the gorge in the NW\1/4\ sec. 22,
T. 22 N., R. 5 W., as a recreational river.
``(D) The approximately 6.0-mile segment from the
upper end of the gorge to the Olympic National Forest
boundary, as a scenic river.
``(240) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(241) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop River
from the headwaters to the Olympic National Forest boundary, to
be administered by the Secretary of Agriculture, as a scenic
river.
``(242) Wynoochee river, washington.--The segment of the
Wynoochee River from the headwaters to the head of Wynoochee
Reservoir to be administered by the Secretary of Agriculture,
except that portions of the river within the boundaries of
Olympic National Park shall be administered by the Secretary of
the Interior, in the following classes:
``(A) The approximately 2.5-mile segment from the
headwaters to the boundary of the Wonder Mountain
Wilderness, as a wild river.
``(B) The approximately 7.4-mile segment from the
boundary of the Wonder Mountain Wilderness to the head
of Wynoochee Reservoir, as a recreational river.
``(243) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 7.4-mile segment from the
headwaters to the Moonlight Dome Wilderness boundary,
as a wild river.
``(B) The approximately 10.3-mile segment from the
Moonlight Dome Wilderness boundary to the Olympic
National Forest boundary, as a scenic river.
``(244) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork Humptulips
River from the headwaters to the Olympic National Forest
Boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(245) Quinault river, washington.--The segment of the
Quinault River from the headwaters to private land in T. 24 N.,
R. 8 W., sec. 33, to be administered by the Secretary of the
Interior, in the following classes:
``(A) The approximately 16.5-mile segment from the
headwaters to Graves Creek, as a wild river.
``(B) The approximately 6.7-mile segment from
Graves Creek to Cannings Creek, as a scenic river.
``(C) The approximately 1.0-mile segment from
Cannings Creek to private land in T. 24 N., R. 8 W.,
sec. 33, as a recreational river.
``(246) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
except that portions of the river outside the boundaries of
Olympic National Park shall be administered by the Secretary of
Agriculture, including the following segments of the mainstem
and certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of the
Queets River from the headwaters to the confluence with
Sams River, as a wild river.
``(B) The approximately 16.0-mile segment of the
Queets River from the confluence with Sams River to the
Olympic National Park boundary, as a scenic river.
``(C) The approximately 15.7-mile segment of the
Sams River from the headwaters to the confluence with
the Queets River, as a scenic river.
``(D) The approximately 17.7-mile segment of
Matheny Creek from the headwaters to the confluence
with the Queets River, to be administered as a scenic
river through a cooperative management agreement
between the State of Washington and the Secretary of
Agriculture, as provided in section 10(e).
``(247) Hoh river, washington.--The segment of the Hoh
River and the major tributary South Fork Hoh from the
headwaters to Olympic National Park boundary, to be
administered by the Secretary of the Interior, in the following
classes:
``(A) The approximately 20.7-mile segment of the
Hoh River from the headwaters to Jackson Creek, as a
wild river.
``(B) The approximately 6.0-mile segment of the Hoh
River from Jackson Creek to the Olympic National Park
boundary, as a scenic river.
``(C) The approximately 13.8-mile segment of the
South Fork Hoh River from the headwaters to the Olympic
National Park boundary, as a wild river.
``(D) The approximately 4.6-mile segment of the
South Fork Hoh River from the Olympic National Park
boundary to the Washington State Department of Natural
Resources boundary in T. 27 N., R. 10 W., sec. 29, to
be administered as a recreational river through a
cooperative management agreement between the State of
Washington and the Secretary of Agriculture, as
provided in section 10(e).
``(248) Bogachiel river, washington.--The approximately
25.6-mile segment of the Bogachiel River from the source to the
Olympic National Park boundary, to be administered by the
Secretary of the Interior, as a wild river.
``(249) South fork calawah river, washington.--The segment
of the South Fork Calawah River and the major tributary Sitkum
River from the headwaters to Hyas Creek to be administered by
the Secretary of Agriculture, except those portions of the
river within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, including the
following segments in the following classes:
``(A) The approximately 15.7-mile segment of the
South Fork Calawah River from the headwaters to the
Sitkum River, as a wild river.
``(B) The approximately 0.9-mile segment of the
South Fork Calawah River from the Sitkum River to Hyas
Creek, as a scenic river.
``(C) The approximately 1.6-mile segment of the
Sitkum River from the headwaters to the Rugged Ridge
Wilderness boundary, as a wild river.
``(D) The approximately 11.9-mile segment of the
Sitkum River from the Rugged Ridge Wilderness boundary
to the confluence with the South Fork Calawah, as a
scenic river.
``(250) Sol duc river, washington.--The segment of the Sol
Duc River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
including the following segments of the mainstem and certain
tributaries in the following classes:
``(A) The approximately 7.0-mile segment of the Sol
Duc River from the headwaters to the end of Sol Duc Hot
Springs Road, as a wild river.
``(B) The approximately 10.8-mile segment of the
Sol Duc River from the end of Sol Duc Hot Springs Road
to the Olympic National Park boundary, as a scenic
river.
``(C) The approximately 14.2-mile segment of the
North Fork Sol Duc River from the headwaters to the
Olympic Hot Springs Road bridge, as a wild river.
``(D) The approximately 0.2-mile segment of the
North Fork Sol Duc River from the Olympic Hot Springs
Road bridge to the confluence with the Sol Duc River,
as a scenic river.
``(E) The approximately 8.0-mile segment of the
South Fork Sol Duc River from the headwaters to the
confluence with the Sol Duc River, as a scenic river.
``(251) Lyre river, washington.--The approximately 0.2-mile
segment of the Lyre River from Lake Crescent to the Olympic
National Park boundary, to be administered by the Secretary of
the Interior as a scenic river.''.
(b) Effect.--The amendment made by subsection (a) does not affect
valid existing water rights.
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of enactment of this Act, the
Secretary of Agriculture shall, with respect to the
designations made under subsection (a) on lands under the
jurisdiction of the Secretary, incorporate such designations
into updated management plans for units of the National Forest
System in accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1) shall
be 5 years after the date of enactment of this Act if the
Secretary of Agriculture--
(A) is unable to meet the requirement under that
paragraph by the date specified in such paragraph; and
(B) not later than 3 years after the date of
enactment of this Act, includes in the Department of
Agriculture annual budget submission to Congress a
request for additional sums as may be necessary to meet
the requirement of that paragraph.
(3) Comprehensive management plan requirements.--Updated
management plans under paragraph (1) or (2) satisfy the
requirements under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
SEC. 4. EXISTING RIGHTS AND WITHDRAWAL.
(a) In General.--In accordance with section 12(b) of the Wild and
Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this Act or the
amendment made by section 3(a) affects or abrogates existing rights,
privileges, or contracts held by private parties, nor does this Act in
any way modify or direct the management, acquisition, or disposition of
land managed by the Washington Department of Natural Resources on
behalf of the State of Washington.
(b) Withdrawal.--Subject to valid existing rights, the Federal land
within the boundaries of the river segments designated by this Act and
the amendment made by section 3(a) is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 5. TREATY RIGHTS.
Nothing in this Act alters, modifies, diminishes, or extinguishes
the reserved treaty rights of any Indian Tribe with hunting, fishing,
gathering, and cultural or religious rights as protected by a treaty.
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