Sec. 5. Administration of covered segments
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The Secretary concerned shall prepare, in accordance with section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) ) and this subsection, a comprehensive management plan for each covered segment. Notwithstanding section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) ), except as provided in subparagraph (B), the comprehensive management plan described in paragraph
(1)shall be completed, to the maximum extent practicable, as part of the regular land use management planning process of the agency with jurisdiction over the covered segment. If the Secretary concerned determines that the regular land use management planning cycle of the agency with jurisdiction over a covered segment does not coincide with the designation of the covered segment under this Act or an amendment made by this Act, the comprehensive management plan for the covered segment shall be completed by the date that is 6 years after the date on which the covered segment is designated. Until the date on which a comprehensive management plan that includes detailed boundaries for the applicable covered segment required under section 3(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(b) ) is completed, the interim detailed boundaries for the covered segment shall be 1/2 mile from the ordinary high water mark on each bank or shore, unless an Act of Congress requires the inclusion of non-Federal land within the boundary of the covered segment. The outstandingly remarkable values of a covered segment include— the values described in section 2(11); and any additional outstandingly remarkable values that are determined by the Secretary concerned as part of the comprehensive management plan for the covered segment required under paragraph (1). In addition to the outstandingly remarkable values referred to in subparagraph (A), the North Fork Sprague Wild and Scenic River in the State of Oregon has the additional outstandingly remarkable value of native fish. Except as otherwise provided in this Act, until the date on which a comprehensive management plan is prepared under paragraph
(1)for a covered segment, the Secretary concerned shall fully comply with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.) in managing the covered segment. As part of the development of a comprehensive management plan under paragraph
(1)or the updating of such a plan, the Secretary concerned, in a manner consistent with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.), shall— assess with respect to the applicable covered segment— the probable risk of high intensity wildfires degrading river values; the risk of high intensity wildfires to public safety; and the role of fire in meeting long-term resource management objectives, including the protection and enhancement of outstandingly remarkable values and water quality; determine the appropriate use of prescribed fire to meet long-term resource management objectives; and develop a fire management plan to increase the resiliency of the applicable covered segment and adjacent communities. As part of the development of a comprehensive management plan under paragraph
(1)or the updating of such a plan, the Secretary concerned, in a matter consistent with section 3 of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274 ), shall— assess culturally significant native species, including traditional foods such as huckleberry, chokecherry, camas, and wapato; develop a culturally significant native species management plan for applicable areas to increase the resiliency of the species; and consult with the applicable Indian Tribe to develop the management plan and to meet long-term species management objectives. A comprehensive management plan for a covered segment developed under paragraph
(1)shall— authorize Federal, State, and Tribal agencies to conduct native fish restoration and barrier installation and maintenance activities in the applicable covered segment, in accordance with the environmental impact statement assessment of the planning document entitled Upper Malheur Watershed Bull Trout Conservation Strategy ; and address bull trout restoration as part of protecting river values of the applicable covered segment, including the management of invasive nonnative fish species. As part of the development of a comprehensive management plan under paragraph
(1)or the updating of such a plan, the Secretary concerned, in a matter consistent with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.), shall develop and implement projects, through a collaborative process, to improve the ecological function of the ecosystem if environmental analysis indicates that the projects are appropriate. On completion of a comprehensive management plan under paragraph
(1)or any update to such a plan, the Secretary concerned shall concurrently submit the plan to— Congress; and each applicable board of county commissioners and Tribal government. On completion of a fire management plan developed for the applicable covered segment under subsection (a)(6)(C), the Secretary concerned shall implement the fire management plan as part of the applicable comprehensive management plan to reduce assessed risks, consistent with— the purposes of the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.); and the protection and enhancement of the outstandingly remarkable values of the covered segment under section 10(a) of that Act ( 16 U.S.C. 1281(a) ). In administering wild and scenic river segments in the State of Oregon, the Secretary concerned may enter into cooperative agreements with the State of Oregon, any political subdivision of the State of Oregon, or a Tribal government for the rendering, on a reimbursable or nonreimbursable basis, of— rescue, firefighting, and law enforcement services; and cooperative assistance by nearby law enforcement and fire management agencies. There is authorized to be appropriated, and there is appropriated, out of any amounts in the Treasury not otherwise appropriated, $30,000,000 for fiscal year 2022 and each fiscal year thereafter for the purpose of restoring components of the National Wild and Scenic Rivers System that— provide drinking water for downstream communities; or have been degraded by catastrophic wildfire. Of the amount appropriated by paragraph (1), not more than $5,000,000 shall be used by each Secretary concerned for watershed restoration for components of the National Wild and Scenic Rivers System that provide drinking water for downstream communities. Nothing in this Act or an amendment made by this Act— affects any valid existing rights with respect to a covered segment, including the right to maintain and repair facilities used to exercise valid existing rights; or abrogates any existing right, privilege, or contract affecting Federal land held by any private party without the consent of that party, including any right, privilege, or contract concerning— utility corridors; communications facilities; recreational cabins and resorts; group facilities; roads; or water transmission facilities. Nothing in this Act or an amendment made by this Act affects private property rights with respect to a covered segment. The Secretary concerned may not acquire any private land or interest in private land within the detailed boundaries of a covered segment without the consent of the owner of the private land. Nothing in this Act or an amendment made by this Act— affects any valid or vested water right existing as of the date of enactment of this Act; or preempts the ability of the State of Oregon to administer water rights pursuant to State law (including regulations). Any land owned by an Indian Tribe or held in trust by the United States for the benefit of an Indian Tribe or member of an Indian Tribe shall not be included within the boundaries of a covered segment without the express consent of the applicable Tribal government. With respect to a covered segment that includes land described in paragraph (1), the Secretary concerned shall, as appropriate, consult, and enter into written cooperative management agreements, with the applicable Indian Tribe for the planning, administration, and management of the covered segment, in accordance with section 10(e) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(e) ). Nothing in this Act or an amendment made by this Act affects, within a covered segment— the jurisdiction or responsibilities of an Indian Tribe with respect to the management of fish, wildlife, land, or water; the treaty or other rights of an Indian Tribe; the claims of an Indian Tribe to water or land; the rights or jurisdiction of Indian Tribes over water or any groundwater resource; or the beneficial ownership interest of— land held in trust by the United States for an Indian Tribe; land held by an Indian Tribe; or a member of an Indian Tribe. Nothing in this Act or an amendment made by this Act alters the authority of the Secretary concerned (in cooperation with other Federal, State, and local agencies, as appropriate) to conduct wildland fire operations within a covered segment, including the construction of temporary roads if required for public safety, consistent with— the purposes of the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.); and the protection and enhancement of the outstandingly remarkable values of the covered segment under section 10(a) of that Act ( 16 U.S.C. 1281(a) ). If requested by the landowner, the Secretary concerned shall seek to acquire by purchase or exchange non-Federal land or interests in land within and adjacent to the detailed boundaries of a covered segment. Nothing in this Act or an amendment made by this Act affects the installation, operation, maintenance, repair, or replacement of federally administered or State-administered stream gauges or other similar science-based water quality or quantity measurement apparatus. Consistent with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.) and any regulations issued under that Act, the Secretary may authorize any activity or project, the primary purpose of which is— river restoration; the recovery of a species listed as endangered or threatened under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); or improving ecological function.
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