[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1811 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1811

 To ensure the long-term protection of the resources of the portion of 
             the Columbia River known as the Hanford Reach.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 1997

Mr. Hastings of Washington (for himself, Ms. Dunn, Mr. Nethercutt, Mr. 
Smith of Oregon, Mrs. Chenoweth, and Mr. Hill) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To ensure the long-term protection of the resources of the portion of 
             the Columbia River known as the Hanford Reach.

    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 ``Columbia River Habitat Protection 
and Recreational Access Act of 1997''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The 51-mile stretch of the Columbia River, known as the 
        ``Hanford Reach'', provides 80 percent of the fall Chinook 
        salmon in the river system, critical habitat for wildlife, a 
        high-quality waterfowl sanctuary, as well as numerous scenic, 
        historic, and recreational opportunities for the public.
            (2) In 1996 Congress, through Public Law 104-333, 
        prohibited damming, dredging, channeling, or other such 
        activities along the Hanford Reach in order to help preserve 
        and protect the unique environmental benefits of the region.
            (3) The lands surrounding the Hanford Reach area of the 
        Columbia River, Washington, should be properly managed in order 
        to protect plant, fish, wildlife, cultural, recreational, and 
        scenic resources, while preserving access to these lands.
            (4) Recognizing the unique and pristine values of the area, 
        local citizens in cooperation with Federal and State 
        authorities have developed a comprehensive protection plan 
        which has enhanced salmon habitat along the Hanford Reach. This 
        plan, known as the Vernita Bar Agreement, has preserved the 
        free flowing, riparian character of the Hanford Reach, and 
        serves as a blueprint for further successful management along 
        the Columbia River.
            (5) Although dozens of local, State, and Federal 
        environmental protection and management laws and regulations 
        exist for the Hanford Reach, management efforts can be better 
        integrated and can lead to more efficient use of public 
        resources and improved habitat and recreation management.
            (6) Several of the areas adjacent to the Hanford Reach of 
        the Columbia River, including lands known as the Wahluke Slope, 
        currently owned by the United States, have been extensively 
        studied and reviewed through environmental impact statements 
        and have been declared environmentally sound and certified 
        suitable for conveyance.
            (7) Inasmuch as Federal financial resources are 
        constrained, joint partnerships among Federal, State, and local 
        entities can provide long-term habitat and wildlife management, 
        maintain recreational opportunities, and develop a responsible 
        and environmentally sound local land use plan for the region.
            (8) The people and the governments of Benton, Franklin, 
        Grant, and Adams Counties desire to enter into such a 
        partnership with the State of Washington and the United States 
        to ensure the continued protection of plant, fish, wildlife, 
        cultural, recreational, and scenic resources on the lands 
        surrounding the Hanford Reach.
            (9) Such a cooperative partnership will provide a forum for 
        public input from the entire region and ensure the long-term 
        protection of the river as wild, scenic, and accessible.
            (10) Congress recommends the formation of a commission, of 
        which a majority of the members of such a commission represent 
        the local entities, to ensure that the above goals are achieved 
        and to maintain maximum involvement by the citizens of Benton, 
        Franklin, Grant, and Adams Counties.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Secretary'' means the Secretary of Energy;
            (2) the term ``Hanford Works'' means the property 
        represented as ``Department of Energy'' under the Land Status 
        Legend on the Bureau of Land Management topographic map of 
        Priest Rapids, Washington, Edition-1991; and
            (3) the term ``Commission'' means the Hanford Reach 
        Protection and Management Commission.

SEC. 4. GENERAL AUTHORITY; PROPERTY DESCRIPTIONS.

    (a) Authority.--As soon as practicable after the date of the 
enactment of this Act, the Secretary for no consideration shall convey 
to the governmental entities referred to in subsection (b) all right, 
title, and interest of the United States in and to the properties 
described in subsection (b).
    (b) Conveyances.--
            (1) State of washington.--The Secretary shall convey to the 
        State of Washington the property that consists of the portion 
        of the Hanford Works that runs along both banks of the Columbia 
        River and lies within the one quarter mile to the north of the 
        mean high water mark on the north bank of the Columbia River, 
        and that lies within the one quarter mile to the south of the 
        mean high water mark on the south bank of the Columbia River.
            (2) Adams county, washington.--The Secretary shall convey 
        to Adams County, Washington, the property that consists of the 
        portion of the Hanford Works that lies within Adams County, 
        Washington.
            (3) Grant county, washington.--The Secretary shall convey 
        to Grant County, Washington, the property that consists of the 
        portion of the Hanford Works that lies within Grant County, 
        Washington, to the north of the Columbia River and that is not 
        part of the conveyance made pursuant to paragraph (1) of this 
        subsection.
            (4) Franklin county, washington.--The Secretary shall 
        convey to Franklin County, Washington, the property that 
        consists of the portion of Hanford Works that lies within 
        Franklin County, Washington, to the north of the Columbia River 
        and that is not part of the conveyance made pursuant to 
        paragraph (1) of this subsection.
            (5) Additional properties.--In addition to properties 
        described in paragraphs (1) through (4), the Secretary may 
        convey to a State or local government referred to in paragraphs 
        (1) through (4) such property within the Hanford Works as the 
        Secretary and the State or local government agree is 
        appropriate to carry out this Act.

SEC. 5. TERMS AND CONDITIONS.

    (a) Special Rules for State of Washington.--
            (1) Environmental safety.--The conveyance made under 
        section 4(b)(1) shall be made only after the Administrator of 
        the Environmental Protection Agency certifies to the Secretary 
        that--
                    (A) the properties described in section 4(b)(1) are 
                clean of hazardous, toxic, or radioactive materials or 
                substances;
                    (B) all corrective, remedial, or response actions 
                have been completed; and
                    (C) all obligations of the Secretary at the Hanford 
                Nuclear Reservation under the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.) and other applicable 
                laws have been fulfilled.
            (2) Federal leaseholds.--Any leasehold interest by any 
        agency of the United States on lands described under section 
        4(b) shall terminate upon enactment of this Act, and such 
        interest shall be transferred pursuant to section 4.
            (3) Water rights and utility easements.--The conveyances 
        under section 4 shall be made subject to all existing water 
        rights and all easements and rights of any public and private 
        utility districts which operate and maintain transmission and 
        generation facilities along the lands described under section 
        4.
    (b) Establishment of Hanford Reach Protection and Management 
Commission.--Not later than 6 months after the conveyances under 
section 4(b)(1) are made, the State of Washington shall enter into a 
written joint agreement with the governments of Benton, Franklin, and 
Grant Counties to establish the Hanford Reach Protection and Management 
Commission as follows:
            (1) Membership appointment.--The Commission shall be 
        composed of 7 members. As soon as practicable, but not more 
        than 6 months after the date of the enactment of this Act, the 
        members shall be appointed as follows:
                    (A) One member who shall be a resident of Benton 
                County, appointed by the government of such county.
                    (B) One member who shall be a resident of Franklin 
                County, appointed by the government of such county.
                    (C) One member who shall be a resident of Grant 
                County, appointed by the government of such county.
                    (D) One member who shall be a resident of the State 
                of Washington, appointed by the Governor of the State 
                of Washington.
                    (E) One member who shall be a resident of the State 
                of Washington, appointed by the Secretary of Energy.
                    (F) One member who shall be a resident of the State 
                of Washington, appointed by the Secretary of the 
                Interior.
                    (G) One member who shall be a resident of any 
                county in the State of Washington through or along 
                which the Columbia River runs, appointed by a majority 
                vote of the other members of the Commission.
            (2) Terms of office.--The length of the terms of office of 
        the members appointed under (1) shall be fixed by each 
        appointing governmental entity at the time of appointment, but 
        no term shall exceed 4 years.
            (3) Vacancy.--Any vacancy that may occur prior to the 
        expiration of a member's term shall be filled for the balance 
        of such term by appointment made by the entity which appointed 
        the vacating member.
            (4) Restriction.--Except as provided herein, no person 
        shall be appointed to the Commission who is an employee, agent, 
        or independent contractor of the United States or any agency 
        thereof.
            (5) Failure to appoint.--In the event a member has not been 
        appointed within 6 months of the establishment of the 
        Commission, any such vacancy shall be filled by joint 
        appointment by the governments of Benton, Franklin, and Grant 
        Counties.
            (6) Establishment of commission authority.--As soon as 
        practicable after the appointment of a majority of the members 
        of the Commission, such members shall be authorized to convene 
        meetings of the Commission and to adopt rules and provisions 
        governing the administration, voting, meeting, terms of 
        service, and finances of the Commission. The first meeting 
        shall be held no later than 1 year from the date of the 
        establishment of the Commission.
            (7) Development of hanford reach protection and management 
        plan.--
                    (A) The primary duty of the Commission shall be to 
                develop and implement a plan to manage the lands 
                conveyed pursuant to section 4(b)(1) to protect and 
                enhance plant resources, fish and wildlife resources, 
                cultural resources, recreational access, and other uses 
                or resources prescribed by the Commission.
                    (B) From the date the conveyances under section 
                4(b)(1) are made until such time as a permanent 
                protection and management plan is approved by the 
                Commission, the lands conveyed pursuant to such section 
                shall be managed under an interim management plan 
                approved by the governments of Benton, Franklin, and 
                Grant Counties, which shall be consistent with the 
                purposes of this Act.
    (c) Nonperformance of State of Washington, Transfer to and 
Management by Counties Authorized.--If the State of Washington does not 
fulfill its obligations under subsection (b), all right, title, and 
interest to the property conveyed pursuant to section 4(b)(1) shall be 
transferred to the counties, with the consent of such counties, in 
which the lands are situated in order to carry out the purposes of this 
Act, and the governments of such counties shall jointly establish the 
Commission pursuant to subsection (b) and to provide for the management 
of the lands conveyed pursuant to section 4(b)(1).
    (d) Reversion and Right To Reenter.--If the State of Washington 
does not fulfill its obligations under subsection (b), and if the 
governments of Benton, Franklin, and Grant Counties do not fulfill 
their obligations under subsection (c), all right, title, and interest 
to the property conveyed pursuant to section 4(b)(1) shall revert to 
the United States and the United States shall have the right of 
immediate entry thereon.
    (e) Use of Federal Resources Authorized.--The Secretary of the 
Interior may enter into agreements with the State of Washington and the 
governmental entities referred to in paragraphs (1) through (4) of 
section 4(b) to allow the utilization of personnel, and the provision 
of technical and financial assistance from the United States Fish and 
Wildlife Service to assist the county governments in the administration 
and management of the lands transferred under this Act.
    (f) Special Rule for Adams County, Grant County, and Franklin 
County.--The properties described under paragraphs (2) through (4) of 
section 4(b) shall be conveyed only after Adams County, Grant County, 
and Franklin County, Washington, have submitted a written report to the 
Secretary of the Interior which shall include--
            (1) a risk analysis of debris slides in the White Bluffs 
        Wasteway;
            (2) any recommendations necessary to address the risk of 
        such slides; and
            (3) a comprehensive land use plan of the Wahluke Slope.
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