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Code · BILL · 118th Congress · S. 4449 (Introduced in Senate) — To amend the Wild and Scenic Rivers Act to designate certain river segments in the State of Oregon as components of t... · Sec. 4

Sec. 4. Administration of covered segments

1,511 words·~7 min read·/bill/118/s/4449/is/section-4

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Not later than the end of the first fiscal year beginning after the date of enactment of this Act, the Secretary concerned shall publish an implementation plan for each covered segment that— describes a schedule for completing the comprehensive river management plan for the covered segment; and notwithstanding section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) ), requires that— the date for initiating the comprehensive river management plan for the covered segment under the schedule published under subparagraph
(A)shall be the earlier of— the date of the initiation of the next applicable plan revision; and the end of the 10th full fiscal year beginning after the date of enactment of this Act; and the date for completing the comprehensive river management plan for the covered segment under the schedule published under subparagraph
(A)shall be not later than 5 years after the initiation date described in clause (i). 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 uncharacteristic wildfires degrading river values; the risk of wildfires to public safety; the need for non-native or invasive species removal, including the removal of— western juniper; noxious weeds; or other non-native or invasive species, as determined by the Secretary concerned to be ecologically appropriate; the adequacy of existing evacuation routes for communities located near the applicable covered segment; 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 identifies, evaluates, and prioritizes treatments and other management activities that can be implemented on the Federal land covered by the wildfire assessment under subparagraph
(A)(other than Federal land designated as a component of the National Wilderness Preservation System) to mitigate wildfire risk to communities located near the applicable Federal land. The Secretary concerned, in a manner consistent with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ), shall continue to reduce the risk of wildland fire in riparian areas of covered segments as part of an integrated approach to reducing hazardous fuels at the landscape level. On request of an applicable Indian Tribe, 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 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, wocus, and wapato; develop a culturally significant native species management plan for applicable areas to increase the resiliency of the species; and consult with the requesting Indian Tribe to develop the management plan and to meet long-term species management objectives. 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. ), may 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 submit the plan to each applicable board of county commissioners and Tribal government. In administering wild and scenic river segments in the State, the Secretary concerned may enter into cooperative agreements with the State, any political subdivision of the State, 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. Subject to the availability of appropriations, the Secretary concerned may restore components of the National Wild and Scenic Rivers System in the State that— provide drinking water for downstream communities; or have been degraded by catastrophic wildfire. Consistent with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) (including any regulations issued under that Act), the Secretary concerned may authorize any activity or project for a covered segment, 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 restoring ecological or hydrological function. In accordance with section 12(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1283(b) ), nothing in this Act or an amendment made by this Act abrogates any existing right, privilege, or contract affecting Federal land held by any private person without the consent of the person. Nothing in this Act or an amendment made by this Act affects the ability of— the holder of any existing right, privilege, or contract to maintain or repair facilities used to exercise the existing right, privilege, or contract, including the right to maintain and repair facilities used to exercise valid existing rights; or an owner of private inholdings within, or land adjacent to, a covered segment to obtain a permit or easement from any Federal agency with jurisdiction in the covered segment to use, access, or maintain the land of the owner. No land or interest in land located within the boundaries of a covered segment may be acquired by the Secretary concerned without the consent of the owner of the land or interest in land, including access across the covered segment, subject to such terms and conditions as the Secretary concerned determines necessary to protect the resources and values of the covered segment. Nothing in this Act or an amendment made by this Act affects— the operation, maintenance, modification, or replacement of existing— utility lines, including power lines and power line systems; or utility infrastructure; permitted and licensed utility activities within a covered segment; or the authority of the Federal Energy Regulatory Commission to determine pursuant to section 30 of the Federal Power Act ( 16 U.S.C. 823a ) that a proposed facility located within an existing, modified, or replacement conduit meets the qualifying criteria to be a qualifying conduit hydropower facility under that section. Nothing in this Act or an amendment made by this Act affects valid existing water rights, including— any interstate water compact in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compact); water rights in the State; or water rights held by the United States. 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) ). Consistent with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ), the Secretary concerned may carry out activities at United States Geological Survey stream gauges that are located on a covered segment, including flow measurements and operation, maintenance, and replacement. The Secretary concerned may permit livestock grazing in a covered segment, in accordance with— the grazing laws applicable to permits on National Forest System land or public land administered by the Bureau of Land Management, as applicable (including regulations); and other applicable laws.
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