[Congressional Record Volume 147, Number 16 (Tuesday, February 6, 2001)]
[Senate]
[Pages S1076-S1077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Smith of Oregon):
  S. 254. A bill 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; to the Committee on Energy and 
Natural Resources.
  Mr. WYDEN. Mr. President, I rise today to introduce the Little Sandy 
Watershed Protection Act.
  I promised Oregonians that one of my first legislative actions when 
the 107th Congress convened would be the introduction of this bill.
  Therefore, joined by my friends Senator Gordon Smith and Congressman 
Earl Blumenauer, I introduce this legislation to make sure that 
Portland families can go to their kitchen faucets and get a glass of 
safe and pure drinking water today, tomorrow, and on, into the 21st 
century.
  The Bull Run has been the primary source of water for Portland since 
1895. The Bull Run Watershed Management Unit, Mount Hood National 
Forest, was protected by Congressional action in 1904, in 1977 and then 
again, most recently, in 1996 (P.L. 95-200, 16, U.S.C. 482b note) 
because it was recognized as Portland's primary municipal water supply. 
It still is.
  Today I propose to finish the job of the Oregon Resources and 
Conservation Act of 1996. That law, which I worked on with former 
Senator Mark Hatfield, finally provided full protection to the Bull Run 
watershed, but only gave temporary protection to the adjacent Little 
Sandy watershed. I promised in 1996 that I would return to finish the 
job of protecting Portland's drinking water supply, and I intend to 
continue to push this legislation until the job is completed.
  The bill I introduce today expands the Bull Run Watershed Management 
Unit boundary from approximately 95,382 acres to approximately 98,272 
acres by adding the southern portion of the Little Sandy River 
watershed, an increase of approximately 2,890 acres.
  The protection this bill offers will not only assure clean drinking 
water, but also increase the potential for fish recovery. Reclaiming 
suitable habitat for our region's threatened fish populations must be 
an all-out effort. Through the cooperation of Portland General Electric 
and the City of Portland, the Little Sandy can be an important part of 
that effort.
  The bill I introduce today is a compromise that was passed 
unanimously by the Senate during the last days of the 106th Congress. 
Unfortunately, the U.S. House of Representatives of the 106th Congress 
refused to pass this important, noncontroversial, piece of legislation 
before the final bells rang.
  My belief is that the children of the 21st century deserve water that 
is as

[[Page S1077]]

safe and pure as any that the Oregon pioneers found in the 19th 
century. This legislation will go a long way toward bringing about that 
vision.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 254

       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; 91 
     Stat. 1425) is amended by striking section 1 and inserting 
     the following:

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

       ``(a) 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) 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--
       ``(A) the Regional Forester-Pacific Northwest Region of the 
     Forest Service; and
       ``(B) the Oregon State Director of the Bureau of Land 
     Management.
       ``(3) Boundary adjustments.--The Secretary may periodically 
     make such minor adjustments in the boundaries of the unit as 
     are necessary, after consulting with the city and providing 
     for appropriate public notice and hearings.''.
       (b) Conforming and Technical Amendments.--
       (1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note; 91 
     Stat. 1425) 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; 91 Stat. 1425) is amended by striking 
     ``applicable to National Forest System lands'' and inserting 
     ``applicable to land under the administrative jurisdiction of 
     the Forest Service (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; 91 Stat. 1426) 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 Cutting Restrictions.--Section 2(b) of Public 
     Law 95-200 (16 U.S.C. 482b note; 91 Stat. 1426) 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 
     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) Oregon and California Railroad Land.--Not later than 
     180 days after the date of enactment of this Act, the 
     Secretary of Agriculture and the Secretary of the Interior 
     shall identify any Oregon and California Railroad land that 
     is subject to the distribution provision of title II of the 
     Act of August 28, 1937 (43 U.S.C. 1181f), within the boundary 
     of the special resources management area described in section 
     1 of Public Law 95-200 (as amended by section 1(a)).
       (b) Public Domain Land.--
       (1) Definition of public domain land.--
       (A) In general.--In this subsection, the term ``public 
     domain land'' has the meaning given the term ``public land'' 
     in section 103 of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1702).
       (B) Exclusion.--The term ``public domain land'' does not 
     include any land managed under the Act of August 28, 1937 (43 
     U.S.C. 1181a et seq.).
       (2) Identification.--Not later than 18 months after the 
     date of enactment of this Act, the Secretary of the Interior 
     shall identify public domain land 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 in the State of Oregon that--
       (A) is approximately equal in acreage and condition as the 
     land identified in subsection (a); but
       (B) is not subject to the Act of August 28, 1937 (43 U.S.C. 
     1181a et seq.).
       (c) Maps.--Not later than 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 1 or 
     more maps depicting the land identified in subsections (a) 
     and (b).
       (d) Reclassification.--After providing an opportunity for 
     public comment, the Secretary of the Interior shall 
     administratively reclassify--
       (1) the land described in subsection (a), as public domain 
     land (as the term is defined in subsection (b)) that is not 
     subject to the distribution provision of title II of the Act 
     of August 28, 1937 (43 U.S.C. 1181f); and
       (2) the land described in subsection (b), as Oregon and 
     California Railroad land that is subject to the Act of August 
     28, 1937 (43 U.S.C. 1181a et seq.).

     SEC. 4. FUNDING FOR ENVIRONMENTAL RESTORATION.

       There is authorized to be appropriated to carry out, in 
     accordance with section 323 of the Department of the Interior 
     and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1101 
     note; 112 Stat. 2681-290), watershed restoration that 
     protects or enhances water quality, or relates to the 
     recovery of endangered species or threatened species listed 
     under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.), in Clackamas County, Oregon, $10,000,000.
                                 ______