[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1759 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1759

 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

                              May 11, 1999

Mr. Hastings of Washington (for himself, Mr. Nethercutt, and Ms. Dunn) 
 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 ``Hanford Reach National Salmon 
Preserve and Recreational Area Act''.

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) 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 management plan for the Hanford 
        Reach.
            (7) The people and the governments of Benton, Franklin, and 
        Grant 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.
            (8) 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.
            (9) Congress recommends the formation of a commission, with 
        Federal, State and local members, to manage the Reach in 
        accordance with the above goals.
            (10) The commission will be structured to ensure that each 
        entity will have equal standing to make or reject management 
        decisions.

SEC. 3. PURPOSE.

    The purpose of this Act is to protect and enhance the plant 
resources, fish and wildlife resources, cultural resources, 
recreational access and other uses of the Hanford Reach through a joint 
partnership with Federal, State and local governments.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Commission.--The term ``Commission'' means the Hanford 
        Reach Protection and Management Commission.
            (2) Hanford reach.--The term ``Hanford Reach'' refers to 
        the portion of the Columbia River from river mile 353 to river 
        mile 392.
            (3) Hanford site.--The term ``Hanford Site'' 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.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 5. 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 (c) all right, 
title, and interest of the United States in and to the properties 
described in subsection (c).
    (b) Environmental Safety.--The conveyance made under subsection (c) 
shall be made only after the Administrator of the Environmental 
Protection Agency certifies to the Secretary that--
            (1) the properties described in section 5(c) are clean of 
        hazardous, toxic, or radioactive materials or substances;
            (2) all corrective, remedial, or response actions have been 
        completed; and
            (3) all obligations of the Secretary at the Hanford Site 
        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.
    (c) Conveyance to the State of Washington.--The Secretary shall 
convey to the State of Washington the property that consists of the 
portion of the Hanford Site 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.
    (d) Water Rights and Utility Easements.--The conveyances under 
subsection (c) 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 5.

SEC. 6. DESIGNATION OF THE HANFORD REACH CORRIDOR.

    Upon passage of this Act, the lands conveyed under section 5(c) and 
the Columbia River corridor adjacent to such lands shall be referred to 
the ``Hanford Reach National Salmon Preserve and Recreational Area.''

SEC. 7. ESTABLISHMENT OF HANFORD REACH PROTECTION AND MANAGEMENT 
              COMMISSION.

    Not later than 6 months after the conveyances under section 5(b)(1) 
are made, the Department of Energy and 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 9 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) Local panel.--
                            (i) One member who shall be a resident of 
                        Benton County, appointed by the government of 
                        such county.
                            (ii) One member who shall be a resident of 
                        Franklin County, appointed by the government of 
                        such county.
                            (iii) One member who shall be a resident of 
                        Grant County, appointed by the government of 
                        such county.
                    (B) State panel.--Three members who shall each be 
                residents of the State of Washington, appointed by the 
                Governor of the State of Washington.
                    (C) Federal panel.--
                            (i) One Member who shall be a resident of 
                        the State of Washington, appointed by the 
                        Secretary of Energy.
                            (ii) One member who shall be a resident of 
                        the State of Washington, appointed by the 
                        Secretary of the Interior.
                            (iii) One member who shall be a resident of 
                        the State of Washington, appointed by the 
                        Bureau of Indian Affairs.
            (2) Voting requirements.--Each issue before the Commission 
        shall be deemed approved only if a majority of each panel has 
        voiced approval.
            (3) Nonvoting members.--The Commission should seek the 
        advice and technical expertise from state and Federal agencies, 
        public utility districts, irrigators, academics, biologists, 
        and others, on matters before the Commission.
            (4) Terms of office.--The length of the terms of office of 
        the members appointed under paragraph (1) shall not exceed 4 
        years. Terms shall be staggered within each panel.
            (5) 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.
            (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 5(c) consistent with the 
                purposes of this Act.
                    (B) From the date the conveyances under section 
                5(c) 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.
            (8) Use of federal resources authorized.--The Secretary of 
        the Interior may enter into agreements with the State of 
        Washington and the governments of Benton, Franklin, and Grant 
        Counties 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.
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