[House Report 107-151]
[From the U.S. Government Publishing Office]
107th Congress Rept. 107-151
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
BULL RUN WATERSHED MANAGEMENT
_______
July 23, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 427]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 427) 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, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 427 is to provide protections for the
watershed of the Little Sandy River as a part of the Bull Run
Watershed unit, Oregon, and for other purposes.
Background and Need for Legislation
In 1895, the Bull Run Reserve was established over certain
U.S. Forest Service lands in Oregon partly to protect an
important watershed for the citizens of Portland. In 1895, the
first municipal uses of water obtained from Bull Run commenced
and amounted to approximately 4 billion gallons annually.
Today, population growth and demand has increased water
consumption from this watershed to approximately 45 billion
gallons annually.
In 1904, with passage of the Trespass Act, the forest lands
contained within the Bull Run Reserve were managed so as to
only allow uses which affirmatively protected the forest lands
and the water quality of streams contained therein. In 1977,
Public Law 95-200 was passed which allowed commercial logging
within an area known as the Little Sandy; a watershed within
Bull Run that has been identified as a potential future water
source. In 1996, Congress established permanent protections for
the Bull Run Management Unit through the Oregon Resources
Conservation Act, placing a temporary moratorium on logging in
the Little Sandy.
This legislation would require the U.S. Forest Service to
manage the Little Sandy area of the Bull Run Reserve so as to
prohibit the cutting of trees under most circumstances.
Committee Action
H.R. 427 was introduced on February 6, 2001, by
Representative Earl Blumenauer (D-OR). The bill was referred to
the Committee on Resources, and additionally to the Committee
on Agriculture. Within the Committee on Resources, the bill was
referred to the Subcommittee on Forests and Forest Health and
the Subcommittee on National Parks, Recreation, and Public
Lands. On April 25, 2001, the Forest Subcommittee held a
hearing on the bill. On June 21, 2001, the Forest Subcommittee
met to mark up the bill. No amendments were offered and the
bill was forwarded to the Full Committee by voice vote. On June
27, 2001, the Full Resources Committee met to consider the
bill. The Subcommittee on National Parks, Recreation, and
Public Lands was discharged from further consideration of the
bill by unanimous consent. The bill was then ordered favorably
reported, without amendment, to the House of Representatives by
voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
Compliance with House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures.
According to the Congressional Budget Office, the bill could
affect direct spending (including offsetting receipts), but any
such impact would be negligible.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide further protections for
the watershed of the Little Sandy River as part of the Bull Run
Watershed Management Unit, Oregon.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 2, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 427, 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson,
(For Dan L. Crippen, Director).
Enclosure.
H.R. 427--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
CBO estimates that implementing H.R. 427 would cost $10
million in 2002, assuming appropriation of the authorized
amounts. The bill could affect direct spending (including
offsetting receipts); therefore, pay-as-you-go procedures would
apply, but we estimate that any such impact would be
negligible. H.R. 427 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
H.R. 427 would add about 2,890 acres of federal lands to
the Bull Run Watershed Management Unit in Oregon and amend
current law to prohibit timber harvesting within that unit. The
bill also would require the reclassification of other public
lands, but we estimate that those provisions would have no
significant budgetary impact. Finally, H.R. 427 would authorize
the appropriation of $10 million for a grant to Clackamas
County, Oregon, to support watershed restoration activities
near the management unit. We expect that the grant would be
made in 2002, assuming appropriation of the authorized amount.
Based on information from the Forest Service and the Bureau
of Land Management, we estimate that prohibiting timber
harvesting within the management unit would not significantly
affect federal receipts and subsequent payments to states over
the next 10 years. Under the bill, that prohibition would apply
to roughly 7,000 acres of land where timber harvesting is
currently allowed. According to the agencies, those lands
currently generate no significant receipts, and the agencies do
not expect them to generate significant receipts from timber
harvests in the future.
On May 18, 2001, CBO transmitted a cost estimate for S.
254, similar legislation as ordered reported by the Senate
Committee on Energy and Natural Resources on May 16, 2001. The
two bills are identical, as are our cost estimates.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ACT OF NOVEMBER 23, 1977
(Public Law 95-200)
AN ACT To provide improved authority for the administration of certain
National Forest System lands in Oregon.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
PREAMBLE
The Congress finds that an area of land in the State of
Oregon known variously as the Bull Run National Forest and the
Bull Run Forest Reserve is presently the source of the sole
domestic water supply for the city of Portland, Oregon
(hereinafter called the ``city'') and other local governmental
units and persons in the Portland metropolitan area, reserved
for the city by a Presidential proclamation issued in 1892 and
furnishing an extremely valuable resource of pure clear raw
potable water, the continued production of which should be the
principal management objective in the area hereinafter referred
to as ``the unit''; that the said area is now managed under
terms of a Federal court decree issued pursuant to turn of the
century law which does not appropriately address present and
future needs and opportunities for the protection, management,
and utilization of the resources contained therein.
[DESIGNATION OF UNIT
[Section 1. There is hereby established, subject to valid
existing rights, a special resources management unit within the
Mount Hood National Forest, State of Oregon, comprising
approximately 95,382 acres as depicted on a map dated April
1977, and entitled ``Bull Run Watershed Management Unit, Mount
Hood National Forest'', which is on file and available for
public inspection in the offices of the Chief, and the Regional
Forester--Pacific Northwest Region, Forest Service, Department
of Agriculture, minor adjustments in the boundaries of which
may be made from time to time by the Secretary of Agriculture
(hereinafter the ``Secretary'') after consultation with the
city and appropriate public notice and hearings.]
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.
MANAGEMENT
Sec. 2. (a) The unit and the renewable resources therein,
shall be administered as a watershed by the Secretary [of
Agriculture] in accordance with the laws, rules, and
regulations [applicable to National Forest System lands]
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) except to the extent that any management plan or
practice is found by the Secretary to have a significant
adverse effect on compliance with the water quality standards
referred to in section 2(c) hereof or on the quantity of the
water produced thereon for the use of the city, and other local
government units and persons using such water under agreements
with the city (and the Secretary shall take into consideration
the cumulative effect of individually insignificant
degradations), in which case, and notwithstanding any other
provision of law, the management plan and all relevant leases,
permits, contracts, rights-of-way, or other rights or
authorizations issued pursuant thereto shall forthwith be
altered by the Secretary to eliminate such adverse effect by
application of different techniques or prohibitions of one or
more such practices or uses: Provided, however, That use of
such water for the production of energy and the transmission of
such energy through and over the unit are deemed consistent
with the purposes of this Act and the rights-of-way heretofore
granted to Bonneville Power Administration by the Forest
Service through and over the unit are validated and confirmed
and deemed consistent with the purposes of this Act.
(b) Timber Cutting.--
[(1) In general.--Subject to paragraph (2), the
Secretary of Agriculture shall prohibit the cutting of
trees in that part of the unit consisting of the
hydrographic boundary of the BullRun River Drainage,
including certain lands within the unit and located below the headworks
of the city of Portland, Oregon's water storage and delivery project,
and as depicted in a map dated July 22, 1996, and entitled ``Bull Run
River Drainage''.]
(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.
(2) Permitted cutting.--
(A) In general.--Subject to subparagraph (B),
the Secretary [of Agriculture] shall prohibit
the cutting of trees in the area described in
subparagraph (1).
(B) Permitted cutting.--Subject to
subparagraph (C), the Secretary may only allow
the cutting of trees in the area described in
subparagraph (1)--
(i) for the protection or enhancement
of water quality in the area described
in subparagraph (1); or
(ii) for the protection, enhancement,
or maintenance of water quantity
available from the area described in
subparagraph (1); or
(iii) for the construction,
expansion, protection or maintenance of
municipal water supply facilities; or
(iv) for the construction, expansion,
protection or maintenance of facilities
for the transmission of energy through
and over the unit or previously
authorized hydroelectric facilities or
hydroelectric projects associated with
municipal water supply facilities.
(C) Salvage sales.--The Secretary [of
Agriculture] may not
(c) The policy set forth in [subsection (a) and (b)]
subsections (a) and (b) shall be attained through the
development, maintenance, and periodic revision of land
management plans in accordance with procedures set forth in
section 5 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (88 Stat. 477, as amended; 16 U.S.C.
1604)[, through the maintenance] (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 of systems for monitoring
and evaluating water quality, and through supporting scientific
research as the Secretary may deem necessary after consultation
and in coordination with the city. In the development and
revision of land management plans for the unit, the Secretary,
except as otherwise provided in section 2(a) hereof, shall
provide for public participation and shall consult and
coordinate with appropriate officials and advisors of the city,
and shall consider such data and research as the city may
collect through its own monitoring systems and scientific
efforts, if any. Such plans shall be prepared by an
interdisciplinary team; be embodied in appropriate written
material, including maps and other descriptive documents; shall
contain water quality standards developed by the Secretary
after consultation and in cooperation with the city, which
standards shall be substantially based on and shall reflect a
quality of water not significantly less than the quality
reflected by percentile curves developed from data collected
from 1967 through 1975 and, if none, from data collected in the
first three years of record thereafter; and be available to the
public at convenient locations. The initial plan or plans shall
be completed as soon as practicable after the enactment of this
Act, but not later than September 30, 1979. Current data shall
be compared to historical data at least annually for the
purpose of determining compliance with the standards and the
significance of any deviation therefrom. Deviations occurring
from operation, maintenance, alteration, or construction of
water storage, or electrical generation and transmission
facilities, seasonal fluctuations, variations in climate, and
other natural phenomena, fire, or acts of God, shall not be
considered in determining the historical or current percentile
curves.
* * * * * * *
----------
SECTION 606 OF THE OREGON RESOURCE CONSERVATION ACT OF 1996
[Sec. 606. Lands within the Bull Run Management Unit, as
defined in Public Law 95-200, but not contained within the Bull
Run River Drainage, as defined by this title and as depicted on
the map dated July 1996 described in Section 604 of this title,
shall continue to be managed in accordance with Public Law 95-
200.]
----------
SECTION 1026 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF
1996
[SEC. 1026. BULL RUN PROTECTION.--
[(a) Amendments to Public Law 95-200.--
[(1) The first sentence of section 2(a) of the Public
Law 95-200 is amended by striking ``2(b)'' and
inserting in lieu thereof ``2(c)''.
[(2) The first sentence of section 2(b) of Public Law
95-200 is amended after ``the policy set forth in
subsection (a)'' by inserting ``and (b)''.
[(3) Subsections (b), (c), (d), and (e) of section 2
of Public Law 95-200 are redesignated as subsections
(c), (d), (e), and (f), respectively.
[(4) Section 2 of Public Law 95-200 is amended by
inserting after subsection (a) the following new
subsection:
[``(b) Timber Cutting.--
[``(1) In general.--Subject to paragraph (2), the
Secretary of Agriculture shall prohibit the cutting of
trees in that part of the unit consisting of the
hydrographic boundary of the Bull Run River Drainage,
including certain lands within the unit and located
below the headworks of the city of Portland, Oregon's
water storage and delivery project, and as depicted in
a map dated July 22, 1996, and entitled `Bull Run River
Drainage'.
[``(2) Permitted cutting.--
[``(A) In general.--Subject to subparagraph
(B), the Secretary of Agriculture shall
prohibit the cutting of trees in the area
described in subparagraph (1).
[``(B) Permitted cutting.--Subject to
subparagraph (C), the Secretary may only allow
the cutting of trees in the area described in
subparagraph (1)--
[``(i) for the protection or
enhancement of water quality in the
area described in subparagraph (1); or
[``(ii) for the protection,
enhancement, or maintenance of water
quantity available from the area
described in subparagraph (1); or
[``(iii) for the construction,
expansion, protection
or maintenance of municipal water
supply facilities; or
[``(iv) for the construction,
expansion, protection or maintenance of
facilities for the transmission of
energy through and over the unit or
previously authorized hydroelectric
facilities or hydroelectric projects
associated with municipal water supply
facilities.
[``(C) Salvage sales.--The Secretary of
Agriculture may not authorize a salvage sale in
the area described in subparagraph (1).''.
[(b) Report to Congress.--The Secretary of Agriculture shall,
in consultation with the city of Portland and other affected
parties undertake a study of that part of the Little Sandy
Watershed that is within the unit (hereinafter referred to as
the ``study area''). The study shall determine--
[(1) the impact of management activities within the
study area on the quality of drinking water provided to
the Portland Metropolitan area;
[(2) the identity and location of certain ecological
features within the study area, including late
successional forest characteristics, aquatic and
terrestrial wildlife habitat, significant hydrological
values, or other outstanding natural features; and
[(3) the location and extent of any significant
cultural or other values within the study area.
[(c) Recommendations.--The study referred to in subsection
(b) shall include both legislative and regulatory
recommendations to Congress on the future management of the
study area. In formulating such recommendations, the Secretary
shall consult with the City of Portland and other affected
parties.
[(d) Existing Data and Processes.--To the greatest extent
possible, the Secretary shall use exiting data and processes to
carry out the study and report.
[(e) Submission to Congress.--The study referred to in
subsection (b) shall be submitted to the Senate Committees on
Energy and Natural Resources and Agriculture and the House
Committees on Resources and Agriculture not later than one year
from the date of enactment of this section.
[(f) Moratorium.--The Secretary is prohibited from
advertising, offering or awarding any timber sale within the
study area for a period of two years after the date of
enactment of this section.
[(g) Water Rights.--Nothing in this section shall in any way
affect any State or Federal law governing appropriation, use of
or Federal right to water on or flowing through National Forest
System lands. Nothing in this section is intended to influence
the relative strength of competing claims to the waters of the
Little Sandy River. Nothing in this section shall be construed
to expand or diminish Federal, State, or local jurisdiction,
responsibility, interests, or rights in water resources
development or control, including rights in and current uses of
water resources in the unit.
[(h) Other Lands in Unit.--Lands within the Bull Run
Management Unit, as defined in Public Law 95-200, but not
contained within the Bull Run River Drainage, as described in
the amendment made by subsection (a)(4) of this section and as
depicted on the map dated July 22, 1996, and entitled ``Bull
Run River Drainage'', shall continue to be managed in
accordance with Public Law 95-200.]
A P P E N D I X
----------
House of Representatives,
Committee on Resources,
Washington, DC, July 18, 2001.
Hon. Larry Combest,
Chairman, Committee on Agriculture,
Longworth House Office Building, Washington, DC.
Dear Mr. Chairman: On June 27, 2001, the Committee on
Resources ordered favorably reported H.R. 427, a bill to
provide further protections for the watershed of the Little
Sandy River as part of the Bull Run Watershed Management Unit,
Oregon. This bill was referred primarily to the Committee on
Resources and additionally to the Committee on Agriculture.
Because of the short time remaining before the August district
work period, I would like to schedule this bill for
consideration as soon as possible. Therefore, I ask you to not
insist on exercising your referral of the bill and allow the
Committee on Agriculture to be discharged from further
consideration of H.R. 427.
I agree that your decision to forego further action on the
bill will not prejudice the Committee on Agriculture with
respect to its jurisdictional prerogatives on this or similar
legislation, and will support your request for conferees on
those provisions within the Committee on Agriculture's
jurisdiction should they be the subject of a House-Senate
conference. Copies of our correspondence will be made part of
the committee bill report to memorialize our understanding.
Thank you very much for your cooperation and that of
Subcommittee on Department Operations, Oversight, Nutrition and
Forestry Chairman Goodlatte. I look forward to working with you
both.
Sincerely,
James V. Hansen,
Chairman.
------
House of Representatives,
Committee on Agriculture,
Washington, DC, July 18, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
Longworth HOB, Washington, DC.
Dear Mr. Chairman: Thank you for notifying the Committee on
Agriculture regarding your intention to file a report to
accompany H.R. 427, a bill to provide further protections for
the watershed of the Little Sandy River as part of the Bull Run
Watershed Management Unit, Oregon.
As you are aware, the Committee on Agriculture received an
additional referral of this legislation on those provisions of
H.R. 427 that fall within this Committee's jurisdiction.
However, after conferring with Chairman Goodlatte of the
Subcommittee on Department Operations, Oversight, Nutrition,
and Forestry, I will be glad to waive further consideration of
this measure in order to allow its timely consideration by the
entire House of Representatives.
This action is not intended to waive this Committee's
jurisdiction over this matter for all purposes, and in the
event a conference with the Senate is requested in this matter,
I would ask you to support the Committee on Agriculture's
request to be represented.
Thank you very much for your courtesy in this matter and I
look forward to continued cooperation between our Committees as
we deal with these issues in the future.
Sincerely,
Larry Combest,
Chairman.