[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3574 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3574

To continue the work to enhance access to the Willamette River that has 
   been initiated by the Willamette River Basin communities, State, 
   regional, local, and Indian tribal governments and non-government 
                 partnerships, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2007

   Ms. Hooley (for herself, Mr. DeFazio, Mr. Blumenauer, and Mr. Wu) 
 introduced the following bill; which was referred to the Committee on 
 Natural Resources, and in addition to the Committee on Transportation 
 and Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To continue the work to enhance access to the Willamette River that has 
   been initiated by the Willamette River Basin communities, State, 
   regional, local, and Indian tribal governments and non-government 
                 partnerships, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Willamette River 
United Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Grant authorization.
Sec. 6. Private property protection and lack of regulatory effect.
Sec. 7. Tribal Rights and Interests.
Sec. 8. Authorization of appropriations.
Sec. 9. Agency partnership authorization.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Willamette River basin has been inhabited by humans 
        for at least 12,000 years, providing natural resources for the 
        cultural life-ways for the Native American tribes of the 
        Willamette Valley, Euro-Americans, pioneers, and other 
        citizens. The area has sustained a cultural history that 
        predates the Ice Age Floods of Missoula, Montana.
            (2) The Willamette River Basin comprises almost 12,000 
        square miles, is home to almost 70 percent of Oregon's 
        population, and generates approximately 75 percent of the 
        economic activity of the State.
            (3) By 2050, an additional 1,700,000 people are expected to 
        inhabit the Willamette River Basin, bringing the total 
        population to approximately 4,000,000.
            (4) The Willamette River is the 13th largest river, based 
        on stream flow and produces the most runoff for its land area 
        of any river in the Continental United States. Thirteen major 
        tributaries feed into the mainstem Willamette.
            (5) The river and surrounding tributaries are home to a 
        wide variety of fish and wildlife. In particular, the river is 
        part of a migratory route for a variety of anadromous fish and 
        provides spawning grounds for coho salmon, lamprey, sturgeon, 
        spring and fall run chinook, and steelhead and cutthrout trout.
            (6) The Willamette River is one of 14 rivers designated an 
        American Heritage River in 1998. The American Heritage Rivers 
        initiative is an innovative response to help river communities 
        that seek Federal assistance and other resources to meet tough 
        challenges, without imposing new regulations on private 
        property owners and businesses.
            (7) State, local, and tribal governments and local private 
        for-profit and non-profit organizations have provided 
        significant resources and technical assistance to address 
        natural resource and environmental protection, economic 
        revitalization, archaeological resource protection, and 
        historic and cultural preservation through collaborative 
        partnerships.
            (8) None of the accomplishments realized by the Willamette 
        River through the American Heritage Rivers initiative could 
        have occurred without the strong commitment of the Federal 
        Government agencies to facilitate cooperative conservation 
        actions that relate to use, enhancement, and enjoyment of 
        natural resources, protection of the environment, or both, and 
        that involve collaborative activity among Federal, State, 
        local, and tribal governments, private for-profit and nonprofit 
        institutions, other non-governmental entities and individuals.
            (9) The natural resource federal agencies provide critical 
        studies, analysis, technical assistance and expertise such that 
        the scope of work that can be accomplished by local river 
        communities is limited when these agencies are not adequately 
        funded.
            (10) Despite continued population growth, ongoing cleanup 
        efforts have resulted in improvement toward several measures of 
        watershed health, but more must be done to restore the river's 
        long-term health.
            (11) Nature observation and sightseeing are among the 
        fastest growing recreation activities in the Willamette Basin, 
        increasing by 254 percent and 69 percent respectively, in the 
        last 15 years.
            (12) The Willamette River is experiencing renewed 
        investments of State, regional, and non-government funding to 
        capitalize on this increasing interest in the river from 
        visitors and residents.
            (13) Such investments include a $227,400,000 bond measure 
        voters approved in 2006 to protect natural areas and lands near 
        rivers and streams throughout the Portland metro region, 
        safeguarding the quality of water while managing the impacts of 
        growth and maintaining the area's quality of life for future 
        generations.

SEC. 3. PURPOSES.

    The purposes of this Act are:
            (1) To continue the work to enhance access to the 
        Willamette River that has been initiated by the Willamette 
        River Basin communities, State, regional, local, and Indian 
        tribal governments and non-government partnerships, and for 
        other purposes.
            (2) To assist the State of Oregon and the communities of 
        the Willamette River Basin in restoring, preserving, 
        protecting, promoting, and interpreting these historic, 
        recreational, and natural resources for the benefit of the 
        Nation.
            (3) To authorize partnerships among Federal agencies, 
        State, local, and Indian tribal governments, local communities, 
        conservation organizations, and other non-Federal entities to 
        carry-out the above-mentioned purposes.

SEC. 4. DEFINITIONS.

    For the purposes of this Act:
            (1) Indian tribal governments.--The term ``Indian tribal 
        governments'' means the governing body of one or more of the 
        following federally recognized Indian tribes:
                    (A) The Confederated Tribes of the Grand Ronde 
                Community of Oregon.
                    (B) The Confederated Tribes of the Siletz Indians.
                    (C) The Confederated Tribes of the Umatilla Indian 
                Reservation.
                    (D) The Confederated Tribes of the Warm Springs 
                Reservation of Oregon.
                    (E) The Nez Perce Tribe.
                    (F) The Yakama Indian Nation.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Willamette river.--The term ``Willamette River'' means 
        the approximately 187 miles from the headwaters at three 
        separate forks, (Middle, North and Coast Forks in the mountains 
        south and southeast of Eugene) at the southern end of the 
        Willamette Valley to the confluence with the Columbia River at 
        St. Helens (north of Portland).
            (4) Willamette river tributaries.--The term ``Willamette 
        River Tributaries'' includes Calapooia, Clackamas, Coast Fork 
        Willamette, Long Tom, Luckiamute, McKenzie, Marys, Middle Fork 
        Willamette, Molalla, Pudding, Santiam, Tualatin, and Yamhill 
        rivers.
            (5) Willamette river basin.--The term ``Willamette River 
        Basin'' means the area in which all surface water, 
        approximately 11,000 miles of wetlands, creeks, streams, and 
        rivers feed the Willamette River mainstem flows from its 
        headwaters in the Cascades and Coast Range.
            (6) Conservation projects.--The term ``conservation 
        projects'' includes--
                    (A) projects to restore and protect the natural 
                hydrologic functions of the Willamette River Basin;
                    (B) projects to restore and protect habitat for 
                aquatic, riparian, wetland, and upland flora and fauna;
                    (C) acquisition from willing sellers of 
                conservation easements or title to land; and
                    (D) projects to restore and protect water quality.

SEC. 5. GRANT AUTHORIZATION.

    (a) Authorization; Cooperative Agreement.--The Secretary shall 
enter into cooperative agreements with the Oregon Parks and Recreation 
Department and the Oregon Watershed Enhancement Board to provide for 
those entities to administer the grant program authorized by this 
section.
    (b) Eligible Projects.--Grants under this section may be made for 
recreation, historic, archaeological, and cultural preservation or 
conservation projects that--
            (1) provide restroom, dock, and trash facilities along the 
        river;
            (2) provide safety education;
            (3) provide bicycle, pedestrian, and water trail signs on 
        Willamette River and signs to commercial districts off the 
        river;
            (4) provide non-motorized craft acquisition for State 
        agency enforcement and river education;
            (5) design, plan, create, or complete bicycle, pedestrian, 
        and water trails and bridges, recreation areas, parks, and 
        conservation and wildlife reserves on and along the Willamette 
        River and its tributaries and enrich their experiences;
            (6) enhance recreation, conservation, interpretation, and 
        tourism to draw people to the Willamette River;
            (7) employ improved technologies, innovative partnerships, 
        wetlands creation, and other creative devices to reduce 
        pollution;
            (8) restore, enhance, and protect water quality and 
        watershed health and function through restoration and 
        improvements by watershed councils, conservation districts, 
        special districts, private land owners, tribal governments, 
        local governments, and non-profit and non-governmental 
        organizations, including research activities to better 
        understand the ecosystem needs to restore fish and wildlife;
            (9) provide outreach and education to promote and foster 
        resource stewardship and to build social capacity to sustain 
        and support environmental improvements;
            (10) acquire, under priorities and eligibility conditions 
        of the Statewide Comprehensive Outdoor Recreation Plan or of 
        the Oregon Watershed Enhancement Board's Acquisitions program, 
        interests in land, including easements, for the purposes of 
        bike, pedestrian trails, parks, fish and wildlife habitat, 
        conservation projects, and ecological restoration, including 
        aquatic ecological restoration along the Willamette River and 
        its tributaries;
            (11) design of park and recreation and conservation 
        projects, including the mapping, data collection, engineering, 
        analysis of biology, hydrology and soils, and other technical 
        evaluation;
            (12) outreach to demonstrate the value of coordination and 
        collaboration among communities pursuing common objectives 
        along the length of the Willamette River; and
            (13) outreach to interested and affected communities to 
        solicit involvement in and to explain the projects authorized 
        by this Act.
    (c) Specific Eligible Grant Projects.--Examples of grants that may 
be considered for these purposes include the following:
            (1) South Waterfront Greenway in Portland.
            (2) Salem Downtown Parks Connections Conversion.
            (3) Willamette River national heritage area study to be 
        conducted by National Park Service.
            (4) Wilsonville Park to Boat Works Park pedestrian-bike 
        bridge.
    (d) Limitations.--Funds made available through grants made under 
this Act may not be used--
            (1) to support regulatory actions or mitigation thereof; or
            (2) for operations and maintenance costs.
    (e) Matching Requirements.--Projects funded with grants made under 
this Act shall have Federal, State, Tribal, regional, local, or private 
funding commitment based on grant authorization matching requirements 
of the Oregon Parks and Recreation Department or the Oregon Watershed 
Enhancement Board. Grants made under this Act for implementation shall 
require at least a 35 percent match from grantees. In-kind service may 
qualify as fulfillment of the 35 percent matching requirement and 
special consideration may be given to communities that can demonstrate 
local capacity building. The Oregon Parks and Recreation Department or 
Oregon Watershed Enhancement Board may issue a rule by which the 
requirement under this subsection may be waived in whole or in part for 
land acquisition.
    (f) Cooperative Agreement.--Oregon Parks and Recreation Department 
and Oregon Watershed Enhancement Board shall enter into a cooperative 
agreement to eliminate redundancy and enhance coordination to 
administer the grant program authorized by this section.

SEC. 6. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY EFFECT.

    (a) Recognition of Authority to Control Land Use.--Nothing in this 
Act modifies any authority of Federal, State, or local governments to 
regulate land use.
    (b) Voluntary Participation of Private Property Owners Only.--
Nothing in this Act requires the owner of any private property located 
in the Willamette Basin to participate in the land conservation, 
financial, or technical assistance or any other programs established 
under this Act.
    (c) Purchase of Land or Interests in Land From Willing Sellers 
Only.--Funds appropriated to carry out this Act may be used to purchase 
land or interests in land only from willing sellers.
    (d) Access to Private Property of Participating Landowners.--
Private property landowners voluntarily participating in this Act shall 
permit access (including Federal, State, or local government access) to 
their property, at times agreeable to the landowner, to implement, 
inspect, monitor, or perform repairs or maintenance to projects funded 
under this Act.
    (e) Liability.--Nothing in this Act creates any liability, or has 
any effect on liability under any other law, of a private property 
owner voluntarily participating in this Act with respect to any persons 
injured on the private property.

SEC. 7. TRIBAL RIGHTS AND INTERESTS.

    Nothing in this Act creates, alters, adjusts, or diminishes any 
treaty right or other right or interest of any Indian tribal 
government.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to the Secretary $10,000,000 
for each of fiscal years 2009 through 2018, to remain available until 
expended. Of this amount $100,000 shall be available in each fiscal 
year to Oregon's Department of Environmental Quality for reducing 
sources of pollution in the Willamette River. Of the remainder, the 
Secretary shall distribute 50 percent to the Oregon Parks and 
Recreation Department and 50 percent to the Oregon Watershed 
Enhancement Board to carry out this Act.
    (b) Administrative Costs.--In addition to amounts authorized under 
subsection (a), there is authorized to be appropriated such funds as 
may be necessary for the Oregon Parks and Recreation Department and the 
Oregon Watershed Enhancement Board to administer the grant program.

SEC. 9. AGENCY PARTNERSHIP AUTHORIZATION.

    Federal agencies with administrative jurisdiction over natural 
resources or parks of the United States, such as the National Marine 
Fisheries Service, the Department of the Interior, the Forest Service, 
United States Fish and Wildlife Service, United States Geologic 
Service, Natural Resources Conservation Service, Environmental 
Protection Agency, and the Army Corps of Engineers may--
            (1) use funds not otherwise obligated to provide--
                    (A) technical and financial assistance, engineering 
                and hydrology studies, and other assistance to the 
                grant programs of the Oregon Watershed Enhancement 
                Board and the Oregon Parks and Recreation Department 
                when a private investment has been identified and 
                private funds committed to that project; and
                    (B) financial assistance to Willamette River 
                restoration, recreation, heritage and tourism efforts 
                if the private or public partner can demonstrate strong 
                support in the community; and
            (2) enter into an agreement with Oregon Watershed 
        Enhancement Board or Oregon Parks and Recreation Department to 
        administer the Federal assistance but does not obligate the 
        State agencies to any unfunded Federal authorization.
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