[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Pages S9999-S10001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   PROTECTIONS FOR LITTLE SANDY RIVER

  The Senate proceeded to consider the bill (S. 2691) to provide 
further protections for the watershed of the Little Sandy River as part 
of the Bull Run Watershed Management Unit, Oregon, and for other 
purposes, which had been reported from the Committee on Energy and 
Natural Resources with an amendment to insert the part printed in 
italic.

                                S. 2691

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

     SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE 
                   SANDY RIVER WATERSHED IN THE BULL RUN WATERSHED 
                   MANAGEMENT UNIT, OREGON.

       (a) In General.--Public Law 95-200 (16 U.S.C. 482b note) is 
     amended by striking section 1 and inserting the following:

     ``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT 
                   UNIT; DEFINITION OF SECRETARY.

       ``(a) Establishment.--
       ``(1) In general.--There is established, subject to valid 
     existing rights, a special resources management unit in the 
     State of Oregon comprising approximately 98,272 acres, as 
     depicted on a map dated May 2000, and entitled `Bull Run 
     Watershed Management Unit'.
       ``(2) Map.--The map described in paragraph (1) shall be on 
     file and available for public inspection in the offices of 
     the Regional Forester-Pacific Northwest Region, Forest 
     Service, Department of Agriculture, and in the offices of the 
     State Director, Bureau of Land Management, Department of the 
     Interior.
       ``(3) Boundary adjustments.--Minor adjustments in the 
     boundaries of the unit may be made from time to time by the 
     Secretary after consultation with the city and appropriate 
     public notice and hearings.
       ``(b) Definition of Secretary.--In this Act, the term 
     `Secretary' means--
       ``(1) with respect to land administered by the Secretary of 
     Agriculture, the Secretary of Agriculture; and
       ``(2) with respect to land administered by the Secretary of 
     the Interior, the Secretary of the Interior.''.
       (b) Conforming and Technical Amendments.--
       (1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note) is 
     amended by striking ``Secretary of Agriculture'' each place 
     it appears (except subsection (b) of section 1, as added by 
     subsection (a), and except in the amendments made by 
     paragraph (2)) and inserting ``Secretary''.
       (2) Applicable law.--
       (A) In general.--Section 2(a) of Public Law 95-200 (16 
     U.S.C. 482b note) is amended by striking ``applicable to 
     National Forest System lands'' and inserting ``applicable to 
     National Forest System land (in the case of land administered 
     by the Secretary of Agriculture) or applicable to land under 
     the administrative jurisdiction of the Bureau of Land 
     Management (in the case of land administered by the Secretary 
     of the Interior)''.
       (B) Management plans.--The first sentence of section 2(c) 
     of Public Law 95-200 (16 U.S.C. 482b note) is amended--
       (i) by striking ``subsection (a) and (b)'' and inserting 
     ``subsections (a) and (b)''; and
       (ii) by striking ``, through the maintenance'' and 
     inserting ``(in the case of land administered by the 
     Secretary of Agriculture) or section 202 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712) (in the 
     case of land administered by the Secretary of the Interior), 
     through the maintenance''.

     SEC. 2. MANAGEMENT.

       (a) Timber Harvesting Restrictions.--Section 2(b) of Public 
     Law 95-200 (16 U.S.C. 482b note) is amended by striking 
     paragraph (1) and inserting the following:

[[Page S10000]]

       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall prohibit the cutting of trees on Federal land in the 
     entire unit, as designated in section 1 and depicted on the 
     map referred to in that section.''.
       (b) Repeal of Management Exception.--The Oregon Resource 
     Conservation Act of 1996 (division B of Public Law 104-208) 
     is amended by striking section 606 (110 Stat. 3009-543).
       (c) Repeal of Duplicative Enactment.--Section 1026 of 
     division I of the Omnibus Parks and Public Lands Management 
     Act of 1996 (Public Law 104-333; 110 Stat. 4228) and the 
     amendments made by that section are repealed.
       (d) Water Rights.--Nothing in this section strengthens, 
     diminishes, or has any other effect on water rights held by 
     any person or entity.

     SEC. 3. LAND RECLASSIFICATION.

       (a) Within six months of the date of enactment of this Act, 
     the Secretaries of Agriculture and Interior shall identify 
     any Oregon and California Railroad lands (O&C lands) subject 
     to the distribution provision of the Act of August 28, 1937 
     (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 1181f) 
     within the boundary of the special resources management area 
     described in Section 1 of this Act.
       (b) Interior shall identify public domain lands within the 
     Medford, Roseburg, Eugene, Salem and Coos Bay Districts and 
     the Klamath Resource Area of the Lakeview District of the 
     Bureau of Land Management approximately equal in size and 
     condition as those lands identified in paragraph (a) but not 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 
     Sec. 1181f). For purposes of this paragraph, ``public domain 
     lands'' shall have the meaning given the term ``public 
     lands'' in Section 103 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. Sec. 1702), but excluding 
     therefrom any lands managed pursuant to the Act of August 28, 
     1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 
     Sec. 1181f).
       (c) Within two years after the date of enactment of this 
     Act, the Secretary of the Interior shall submit to Congress 
     and publish in the Federal Register a map or maps identifying 
     those public domain lands pursuant to paragraphs (a) and (b) 
     of this Section. After an opportunity for public comment, the 
     Secretary of the Interior shall complete an administrative 
     land reclassification such that those lands identified 
     pursuant to paragraph (a) become public domain lands not 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 
     Sec. 1181f) and those lands identified pursuant to paragraph 
     (b) become Oregon and California Railroad lands (O&C lands) 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 
     Sec. 1181f).

     SEC. 4. ENVIRONMENTAL RESTORATION.

       (a) In General.--In order to further the purposes of this 
     Act, there is hereby authorized to be appropriated $10 
     million under the provisions of section 323 of the FY 1999 
     Interior Appropriations Act (P.L. 105-277) for Clackamas 
     County, Oregon, for watershed restoration near the Bull Run 
     Management Unit.

  The amendment (No. 4294) was agreed to, as follows:


                           Amendment No. 4294

 (Purpose: The amendment replaces two sections of the bill to require 
      the Secretaries of Agriculture and Interior to complete an 
    administrative reclassification such that Oregon and California 
   Railroad lands within the area described in the Act become public 
domains lands not subject to distribution provisions, and to authorize 
     ecosystem restoration activities in Clackamas County, Oregon)

       Strike Section 3, through the end of the bill, and insert:

     SEC. 3. LAND RECLASSIFICATION.

       (a) Within six months of the date of enactment of this Act, 
     the Secretaries of Agriculture and Interior shall identify 
     any Oregon and California Railroad lands (O&C lands) subject 
     to the distribution provision of the Act of August 28, 1937 
     (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 1181f) 
     within the boundary of the special resources management area 
     described in Section 1 of this Act.
       (b) Within eighteen months of the date of enactment of this 
     Act, the Secretary of the Interior shall identify public 
     domain lands within the Medford, Roseburg, Eugene, Salem and 
     Coos Bay Districts and the Klamath Resource Area of the 
     Lakeview District of the Bureau of Land Management 
     approximately equal in size and condition as those lands 
     identified in paragraph (a) but not subject to the Act of 
     August 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 
     U.S.C. Sec. 1181a-f). For purposes of this paragraph, 
     ``public domain lands'' shall have the meaning given the term 
     ``public lands'' in Section 103 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1702), but excluding 
     there from any lands managed pursuant to the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 
     1181a-f).
       (c) Within two years after the date of enactment of this 
     Act, the Secretary of the Interior shall submit to Congress 
     and publish in the Federal Register a map or maps identifying 
     those public domain lands pursuant to paragraphs (a) and (b) 
     of this Section. After an opportunity for public comment, the 
     Secretary of the Interior shall complete an administrative 
     land reclassification such that those lands identified 
     pursuant to paragraph (a) become public domain lands not 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 
     1181f) and those lands identified pursuant to paragraph (b) 
     become Oregon and California Railroad lands (O&C lands) 
     subject to the Act of August 28, 1937 (chapter 876, title II, 
     50 Stat. 875; 43 U.S.C. 1181a-f).

     SEC. 4. ENVIRONMENTAL RESTORATION.

       (a) In General.--In order to further the purposes of this 
     Act, there is hereby authorized to be appropriated $10 
     million under the provisions of section 323 of the FY 1999 
     Interior Appropriations Act (P.L. 105-277) for Clackamas 
     County, Oregon, for watershed restoration, except timber 
     extraction, that protects or enhances water quality or 
     relates to the recovery of species listed pursuant to the 
     Endangered Species Act (Public Law 93-205) near the Bull Run 
     Management Unit.

  The committee amendment was agreed to.
  The bill (S. 2691), as amended, was read the third time and passed, 
as follows:

                                S. 2691

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

     SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE 
                   SANDY RIVER WATERSHED IN THE BULL RUN WATERSHED 
                   MANAGEMENT UNIT, OREGON.

       (a) In General.--Public Law 95-200 (16 U.S.C. 482b note) is 
     amended by striking section 1 and inserting the following:

     ``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT 
                   UNIT; DEFINITION OF SECRETARY.

       ``(a) Establishment.--
       ``(1) In general.--There is established, subject to valid 
     existing rights, a special resources management unit in the 
     State of Oregon comprising approximately 98,272 acres, as 
     depicted on a map dated May 2000, and entitled `Bull Run 
     Watershed Management Unit'.
       ``(2) Map.--The map described in paragraph (1) shall be on 
     file and available for public inspection in the offices of 
     the Regional Forester-Pacific Northwest Region, Forest 
     Service, Department of Agriculture, and in the offices of the 
     State Director, Bureau of Land Management, Department of the 
     Interior.
       ``(3) Boundary adjustments.--Minor adjustments in the 
     boundaries of the unit may be made from time to time by the 
     Secretary after consultation with the city and appropriate 
     public notice and hearings.
       ``(b) Definition of Secretary.--In this Act, the term 
     `Secretary' means--
       ``(1) with respect to land administered by the Secretary of 
     Agriculture, the Secretary of Agriculture; and
       ``(2) with respect to land administered by the Secretary of 
     the Interior, the Secretary of the Interior.''.
       (b) Conforming and Technical Amendments.--
       (1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note) is 
     amended by striking ``Secretary of Agriculture'' each place 
     it appears (except subsection (b) of section 1, as added by 
     subsection (a), and except in the amendments made by 
     paragraph (2)) and inserting ``Secretary''.
       (2) Applicable law.--
       (A) In general.--Section 2(a) of Public Law 95-200 (16 
     U.S.C. 482b note) is amended by striking ``applicable to 
     National Forest System lands'' and inserting ``applicable to 
     National Forest System land (in the case of land administered 
     by the Secretary of Agriculture) or applicable to land under 
     the administrative jurisdiction of the Bureau of Land 
     Management (in the case of land administered by the Secretary 
     of the Interior)''.
       (B) Management plans.--The first sentence of section 2(c) 
     of Public Law 95-200 (16 U.S.C. 482b note) is amended--
       (i) by striking ``subsection (a) and (b)'' and inserting 
     ``subsections (a) and (b)''; and
       (ii) by striking ``, through the maintenance'' and 
     inserting ``(in the case of land administered by the 
     Secretary of Agriculture) or section 202 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712) (in the 
     case of land administered by the Secretary of the Interior), 
     through the maintenance''.

     SEC. 2. MANAGEMENT.

       (a) Timber Harvesting Restrictions.--Section 2(b) of Public 
     Law 95-200 (16 U.S.C. 482b note) is amended by striking 
     paragraph (1) and inserting the following:
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall prohibit the cutting of trees on Federal land in the 
     entire unit, as designated in section 1 and depicted on the 
     map referred to in that section.''.
       (b) Repeal of Management Exception.--The Oregon Resource 
     Conservation Act of 1996 (division B of Public Law 104-208) 
     is amended by striking section 606 (110 Stat. 3009-543).
       (c) Repeal of Duplicative Enactment.--Section 1026 of 
     division I of the Omnibus

[[Page S10001]]

     Parks and Public Lands Management Act of 1996 (Public Law 
     104-333; 110 Stat. 4228) and the amendments made by that 
     section are repealed.
       (d) Water Rights.--Nothing in this section strengthens, 
     diminishes, or has any other effect on water rights held by 
     any person or entity.

     SEC. 3. LAND RECLASSIFICATION.

       (a) Within 6 months of the date of enactment of this Act, 
     the Secretaries of Agriculture and Interior shall identify 
     any Oregon and California Railroad lands (O&C lands) subject 
     to the distribution provision of the Act of August 28, 1937 
     (chapter 876, title II, 50 Stat. 875; 43 U.S.C. sec. 1181f) 
     within the boundary of the special resources management area 
     described in section 1 of this Act.
       (b) Within 18 months of the date of enactment of this Act, 
     the Secretary of the Interior shall identify public domain 
     lands within the Medford, Roseburg, Eugene, Salem and Coos 
     Bay Districts and the Klamath Resource Area of the Lakeview 
     District of the Bureau of Land Management approximately equal 
     in size and condition as those lands identified in subsection 
     (a) but not subject to the Act of August 28, 1937 (chapter 
     876, title II, 50 Stat. 875; 43 U.S.C. sec. 1181a-f). For 
     purposes of this subsection, ``public domain lands'' shall 
     have the meaning given the term ``public lands'' in section 
     103 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1702), but excluding therefrom any lands managed 
     pursuant to the Act of August 28, 1937 (chapter 876, title 
     II, 50 Stat. 875; 43 U.S.C. 1181a-f).
       (c) Within 2 years after the date of enactment of this Act, 
     the Secretary of the Interior shall submit to Congress and 
     publish in the Federal Register a map or maps identifying 
     those public domain lands pursuant to subsections (a) and (b) 
     of this section. After an opportunity for public comment, the 
     Secretary of the Interior shall complete an administrative 
     land reclassification such that those lands identified 
     pursuant to subsection (a) become public domain lands not 
     subject to the distribution provision of the Act of August 
     28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 
     1181f) and those lands identified pursuant to subsection (b) 
     become Oregon and California Railroad lands (O&C lands) 
     subject to the Act of August 28, 1937 (chapter 876, title II, 
     50 Stat. 875; 43 U.S.C. 1181a-f).

     SEC. 4. ENVIRONMENTAL RESTORATION.

       (a) In General.--In order to further the purposes of this 
     Act, there is hereby authorized to be appropriated 
     $10,000,000 under the provisions of section 323 of the FY 
     1999 Interior Appropriations Act (P.L. 105-277) for Clackamas 
     County, Oregon, for watershed restoration, except timber 
     extraction, that protects or enhances water quality or 
     relates to the recovery of species listed pursuant to the 
     Endangered Species Act (P.L. 93-205) near the Bull Run 
     Management Unit.

                          ____________________