Forrest and Oxbow Conservation Areas

Confederated Tribes of the Warm Springs Reservation of Oregon
Department of Natural Resources
John Day Basin Office

Forrest Conservation Area
68073 Hwy 26
Prairie City, OR 97869
541-820-3568

Oxbow Conservation Area
73137 Middle Fork Lane
Bates, OR 97817
541-421-3931

I. Introduction and Background

Abstract

The Oxbow Conservation Area (OCA) and the Forrest Conservation Area (FCA) represent unique opportunities to restore and promote critical fish and wildlife habitat. Purchased in April 2001 and July 2002, respectively, and made possible by fish and wildlife mitigation funding from the Bonneville Power Administration, the proposed restoration efforts will provide suitable habitat or enhance existing habitat for a variety of flora and fauna that live here. Historic mining, agricultural, and domestic activities within the watershed have contributed to degradation of the riparian and upland habitats. Management will address a number of issues and propose projects that address declining native fish populations, historic grazing and agricultural impacts, stream channelization due to past mining, railroad construction, and irrigation activities and encroachment of non-native and noxious plants. Management also has established natural resource goals, strategies, and monitoring for the conservation areas.

Projects History

The BPA is mandated by the Pacific Northwest Electric Power Planning and Conservation Act to "protect, mitigate and enhance the fish and wildlife, including related spawning grounds and habitat, of the Columbia River and its tributaries, particularly anadromous fish which are of significant importance to the social and economic well-being of the Pacific Northwest and the Nation which are dependant on suitable environmental conditions substantially obtainable from the management and operation of Federal Columbia River Power System and other power generating facilities on the Columbia River and its tributaries." This stems from fish and wildlife losses caused by the construction of the Columbia River Hydroelectric System. In cooperation with the Northwest Power and Conservation Council (NPCC) and the Columbia Basin Fish and Wildlife Authority (CBFWA), the BPA solicits annual project proposals for mitigation projects. BPA fulfills its crediting for mitigation by contracting with federal, state, and tribal management agencies to implement fish and wildlife mitigation programs.

The Confederated Tribes of Warm Springs Reservation of Oregon (Tribes), through their John Day Basin Office (JDBO), identified the Middle Fork Oxbow and Forrest ranches as possible mitigation sites in 1997. In late 1998, The Nature Conservancy of Oregon acquired the Middle Fork Oxbow Ranch, which was subsequently purchased by the Tribes in May 2001 with use of BPA funding. The Tribes in cooperation with the Bureau of Reclamation (BOR) leased the Forrest Ranch through 2000 and 2001, acquiring the property through BPA funding in July of 2002.

The Tribes have adopted management standards included in their Integrated Resource Management Plans. These standards mandate the protection of water quality, riparian vegetation, fish and wildlife habitat, and cultural resources. In addition, the OCA and the FCA occur within Native American Ceded Lands on which native people retain rights to fish, hunt, gather and pasture livestock. Accordingly, the Tribes have a vested interest in the stewardship of the natural and cultural resources on these lands.

Property Locations:

Both conservation areas are located in Grant County in Eastern Oregon within the John Day River Subbasin.

Forrest Conservation Area

The Forrest Conservation Area, approximately 4,232 acres, is split into two geographically separated parcels. The mainstem parcel, 3,445 acres (545 floodplain, riparian, wetland and 2,900 upland), is located approximately .5 miles to the east of Prairie City, Oregon along the mainstem of the John Day River. The mainstem parcel is also the location of the Tribes' John Day Basin Office. The Middle Fork parcel, 786 acres (300 floodplain, riparian, wetland, and 487 timbered upland), is located approximately 2 miles west of the town of Bates along the Middle Fork of the John Day River.

The FCA mainstem parcel resides along the upper portion of the mainstem John Day River approximately ½ mile to the east of Prairie City. The mainstem John Day River flows through the property for 1.7 miles starting at approximately river mile 264 and continuing to river mile 262. Four miles of tributaries are contained within the property boundaries. Tributaries present on the parcel are Strawberry Creek, Dads Creek, Dixie Creek, and Slaughter House Gulch. Only the confluences of two branches of Strawberry Creek with the MJD River are located on the property.

The FCA middle fork parcel eastern boundary begins approximately at river mile 66.25 and ends at river mile 62.35. Approximately 3.9 miles of the MFJD River and 2.5 miles of six tributaries are found in this parcel. Tributaries are Placer Gulch, Davis Creek, Vinegar Creek, Dead Cow Gulch, Vincent Creek, and the northwestern boundary at Caribou Creek.

Oxbow Conservation Area

The Oxbow Conservation Area is located along the Middle Fork of the John Day River, approximately 25 miles from Prairie City. The eastern boundary of the property is approximately 8 miles downstream from the Bates town site at the junction of Highway 7 and County Road 20 (Middle Fork Lane). The property is approximately 1,022 acres (550 floodplain, riparian, wetland, mine tailings and 472 timbered upland) and contains approximately four river miles.

The OCA eastern boundary starts at river mile 55 and ends roughly at river mile 59 on the MFJD River. Approximately four miles of the MFJD River and 1.7 miles of seven tributaries are contained within the property boundary. The tributaries of the MFJD River on the OCA are Butte Creek, Riverside Gulch, Granite Boulder Creek, Ruby Creek, Beaver Creek, Ragged Creek, and Corner Creek. Of these, only Riverside Gulch is an intermittent stream. Relatively short reaches of these tributaries and all their confluences are within the boundary.

Figure 1. Location of Conservation Areas

Overall Property Goals

The OCA and the FCA are intended, as fish and wildlife mitigation properties, to help compensate for habitat losses caused by the construction of the John Day Dam on the Columbia River. Habitat management will, as specified in the Memorandum of Agreement between the BPA and Tribes, primarily focus on strategies designed to restore and maintain native habitat. Ultimately and ideally, the Oxbow and Forrest Conservation Areas will become healthy, naturally functioning and capable of sustaining productive, native populations of fish, wildlife and plant species based on the strategies offered in this plan. Efforts to restore a naturally functioning watershed, associated native plant, fish and wildlife communities may take several decades and may never be fully achieved.

Restoration strategies will be a combination of passive and active management. Where possible, altered or damaged ecosystem functions will be restored through passive restoration techniques, such as reducing or preventing activities that inhibit recovery of watersheds. Active management techniques will be required to restore damaged and altered habitat. Active management includes removing remnants of historic mining activities, suppressing or removing non-native plant species, improving fish passage, road decommissioning, planting vegetation, and fire management.

The management goals for these conservation areas can be most effectively achieved in partnership with neighboring landowners, community members, resource management agencies, and conservation organizations. The conservation areas have the potential to serve as models for watershed recovery, through fish, wildlife, and habitat management in the upper John Day subbasin.

Property and Resource Descriptions

Watershed Overview

The John Day River is located within the southern section of the Columbia Plateau Ecological Province in northeastern Oregon. The John Day River is the second longest free-flowing river in the continental United States, and its spring Chinook salmon and summer steelhead populations are two of the last remaining intact wild populations of anadromous fish in the Columbia River basin. Hatchery fish have had extremely light influences on the fish populations in the John Day River system. The John Day River Subbasin drains approximately 8,100 square miles, is the fourth largest drainage in the state, and contains over 500 river miles (Welcher 1993).

The Federal Wild and Scenic Rivers Act and Oregon's State Scenic Waterways Act have designated various portions of the John Day River as scenic waterways. These designations recognize the importance of the John Day system to fish and wildlife values (Knapp et. al. 2001). The wild and scenic status helps to educate the public on the waterways importance and promotes travel and outdoor recreation along these routes.

The John Day River subbasin is comprised of four major watersheds areas; the upper John Day, North Fork John Day, Middle Fork John Day, and lower John Day. The upper mainstem and the South Fork John Day River are included in the upper John Day Subbasin and the middle and lower mainstem are included in the lower John Day Subbasin.

Figure 2. John Day River Hydrologic Units

Figure 3. Oxbow Conservation Area Features

Figure 4. Forrest Conservation Area Middle Fork John Day River Parcel

Figure 5. Forrest Conservation Area Mainstem John Day River Parcel

Fish and Wildlife

Wildlife

The conservation areas contain a variety of terrestrial wildlife species. Large mammals using the conservation areas include mule deer (Odocoileus hemionus), and Rocky Mountain elk (Cervus elaphus). On the Middle Fork parcels limited numbers of whitetail deer (Odocoileus virginianus) occur. On the FCA limited numbers of pronghorn (Antilocapra Americana) are found. Predators include, black bear (Ursus americanus), cougar (Felis concolor), bobcat (Felis rufus), and coyote (Canis latrans). The majority of these species tend to use the Middle Fork parcels on a seasonal basis during the growing season. The majority of big game bedding grounds tends to be located off the Middle Fork parcels on public land. The mainstem FCA does support small resident herds of mule deer and pronghorn that may migrate off during harsh winters.

Native upland game birds located on the OCA and MSFCA include California quail (Callipepla californica) and Mountain quail (Oreortyx pictus). Mountain quail were sighted just off the OCA and on the MSFCA. Introduced wild turkey (Meleagris gallopovo) has been observed on the OCA and MSFCA throughout the year. Migratory game birds including mourning dove (Zenaida macroura), mallard (Anas platyrhyncos), canvasback (Aythya valisineria), common merganser (Mergus merganser), green-winged teal (Anas crecca), and Canada goose (Branta canadensis) also occur on the conservation areas. Since acquisition, game bird hunting has not been permitted on the conservation areas.

Fish

Approximately 27 species of fish, including 17 native species, are found in the John Day River system. Historically, the John Day River supported healthy populations of anadromous fish species. The two remaining wild anadromous fish species are spring Chinook salmon and summer steelhead. Both species have declined to fractions of their original populations. Attributes possessed by the John Day River system that are unique within the Columbia River basin include an absence of large dams and limited releases of hatchery fish.

Summer steelhead and spring Chinook are present during spawning and rearing on the conservation areas. Presently bull trout populations in the Middle Fork John Day River exist in two tributaries on the conservation areas. Granite Boulder Creek on the OCA and Vinegar Creek on the MFFCA.

Table 1. Fish species present or likely to be present on the conservation areas

Public Access

The public will have reasonable access to the Conservation Areas. The Tribes may regulate access, provided that access and transportation regulations shall apply equally to tribal members and non-tribal members.

Access Requirements

All visitors must obtain a visitors pass that will include a liability waiver.
Information on recreational opportunities will be provided through maps, brochures, and publications.
Activities that may harm natural resources or interfere with management objectives will not be allowed.

Recreation

Natural resource based recreation will be provided to tribal members and the general public. Recreational use areas will be defined and updated on a yearly basis. Recreation that may be available on the property include nature study, skiing, hiking, horseback riding, hunting, and fishing.

Hunting

Elk and deer hunting opportunities are available to tribal members and the general public through a permitting system. Permits are limited and will be issued through a lottery system. Predator hunting and control will be conducted by management personnel or designated representatives, if deemed necessary.

A valid Oregon hunting or fishing license or tribal identification card and appropriate tag or stamp is required. All hunters and fishermen will be subject to tribal, state, and federal laws and regulations. Youth hunters must possess a valid Hunters Safety card and must be accompanied by an adult who will not be allowed to carry a weapon.

Fishing

The OCA and the FCA were acquired primarily for their anadromous fish habitat values. The OCA and FCA contain habitat utilized by adult spring Chinook for holding and spawning. The spring Chinook begin to hold in June on the OCA, July on the MFFCA, and September on the MSFCA. At this time there is little holding that occurs on the MSFCA. The fish hold though the summer months and spawn in September. To protect the fish during the holding and spawning period fishing access will be closed or limited.

The OCA will not allow fishing. The MFFCA will allow fishing from opening day through June 30. The MSFCA will allow fishing from opening day until September 1. Closures that further limit access may occur during the season or on an annual basis for fish protection or management activities. All fishing will be in accordance with tribal, state, and federal laws and regulations. Catch and release is also being suggested.

The fishing season for the water bodies that are contained on the conservation areas is open from Memorial Day Weekend through October 31. Special state regulations are in effect on the OCA and MFFCA that restrict fishing methods to use of artificial flies and bait with a single point hook no larger that ¼ inch and lures are prohibited. For additional fishing regulations refer to the ODFW Oregon Sport Fishing Regulations.

General Regulations

Access is conditioned upon visitors agreeing to comply with these regulations and applicable Oregon and Federal law. Visitors will comply with any directions or instructions given to them by Conservation Area Management. Visitors will not trespass onto neighboring private lands. Users failing to comply with these regulations and applicable law are subject to exclusion from both the FCA and OCA, liable for payment of damages, and maybe prosecuted under applicable law. Visitors to the FCA and OCA assume the risk inherent with the activities they undertake. By assuming this risk they agree not to make a claim against or take legal action on the Tribes or their employees for injuries or damages that they incur as a result of the inherent risks of their visit to the FCA and OCA.

Public access is allowed by permit only. Individuals or groups wishing to access the properties are required to sign in and out at either the John Day Basin Office or the OCA office. Groups of 6 or more may visit by prior arrangement only. Some areas may be restricted seasonally or permanently to protect unique biological, cultural, geological or other values. The conservation areas may be accessed from public roads or public lands. Parking will be allowed out of the roadway on gravel pullouts or other safe suitable locations. Neighboring private lands may be used to access the conservation areas only with landowner permission. Other jurisdictional agencies may access the property as prudently needed.

Protection of Tribal Rights

"Fishing, hunting, gathering and Tribal cultural and religious activities on the Project according to Tribal custom and law are neither prohibited nor authorized or given additional status by this Agreement. Tribal members shall be subject to tribal regulation of wildlife harvest. All other persons will be subject to state and federal regulations. Tribal members and all other persons shall be subject to any prohibitions adopted as part of the Property Management Plan" (Section 11, Amended and Restated Oxbow Ranch Fish and Wildlife Project MOA, February 28, 2002)

Commercial Use

All commercial uses - including but not limited to guiding, firewood or other wood products removal, or antler collecting - are prohibited, with exception of prescribed management purposes. All other uses are prohibited unless specifically authorized by the Tribes.

Vehicular Access

Vehicles are not permitted away from main access routes crossing or bordering the conservation areas. The main access routes consist of Highways 26, County Roads 58, 61, 62, and 20, and bordering U.S. Forest Service roads. The general public is not allowed to operate ATVs on the conservation areas. During big game hunting seasons, permitted hunters may use non-motorized carts and pack animals. Visitors wishing to access service roads on the Forrest conservation area may only do so if specifically allowed in the visitor permit.

Horses and Other Pack Animals

Stock may be used by management, a grazing lessee, and by permitted big game hunters (see hunting regulations). Horses and other pack animals are permitted on the conservation areas when described in a visitor permit.

Dogs

Dogs must be kept under voice and sight control. Dogs will not be allowed to run at large during bird breeding seasons (Apr. 1 - July 31).

Camping

Camping will only be allowed in special circumstances for administration activities or work crews. Public camping will not be allowed. Campers performing administrative duties will observe a leave no-trace policy. Nothing should be left behind when vacating a campsite, and all trash must be packed out. State fire restrictions will be enforced, and additional restrictions may be imposed.

Fossil and Rock Collecting

Fossil and rock collecting is prohibited on the conservation areas. Researchers may submit proposals to conservation area management.

Cultural Resources

State, Federal and Tribal laws prohibit the disturbance or removal of cultural resources. Violators are subject to severe criminal and civil penalties. Cultural resources include but are not limited to foods, pottery, basketry, bottles, weapons, weapon projectiles, tools, structures, pit houses, rock paintings, rock carvings, graves, human skeletal materials, or any portion or piece of the foregoing items. Visitors are required to report suspicious activities to management.

Hunting

Big Game Hunting is currently allowed by permit on the Conservation Areas, and firearms may only be brought onto the properties for hunting. Varmint hunting is not allowed.

Fishing

Fishing access will be determined for the conservation areas on an annual basis.

Research and Educational Use

Natural sciences research and educational activities are encouraged. Researchers should contact conservation areas management prior to submitting proposals. Educational groups may visit the Forrest and Oxbow properties by permit, with restrictions, applied as necessary.

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