[Senate Report 107-23]
[From the U.S. Government Publishing Office]
Calendar No. 58
107th Congress Report
SENATE
1st Session 107-23
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WATERSHED OF THE LITTLE SANDY RIVER
_______
June 5, 2001.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 254]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 254) 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, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Measure
The purpose of S. 254 is to provide for further protections
for the watershed of the Little Sandy River as part of the Bull
Run Watershed Management Unit, near Portland, Oregon.
Background and Need
The Little Sandy River lies adjacent to the Bull Run
Watershed, which is the primary municipal water supply for the
city of Portland, Oregon. The Bull Run Watershed Management
Unit was established by Congress in 1977, creating a management
partnership between the Forest Service and the city of Portland
for the review of issues which may affect water quality and
quantity. Additional protection was given to the Bull Run
Watershed by the Northwest Forest Plan in 1993, restricting all
timber harvests in sensitive areas. Neither of these actions
extended a satisfactory level of protection to the nearby
Little Sandy Watershed. The Oregon Resources and Conservation
Act of 1996 provided temporary protection for the Little Sandy
Watershed. S. 254 would expand the boundary of the Bull Run
Watershed Management Unit to include the southern portion of
the Little Sandy Watershed. This would add approximately 2,900
acres to the Bull Run Watershed Management Unit, resulting in a
total of approximately 98,272 acres permanently protected as
watershed for the city of Portland.
Population growth in and around the city of Portland and
heightened awareness of water quality issues have increased the
public's interest in the preservation of the Little Sandy
Watershed. The legislation is needed to expand the size of the
Bull Run Watershed Management Unit and provide permanent
protection to the Little Sandy River. In so doing, the city of
Portland's protected watershed will be increased in size to
help meet growing demand for drinking water within the city.
Legislative History
S. 254 was referred to the Committee on Energy and Natural
Resources on February 6, 2001. The Committee did not hold a
hearing on the bill. However, on July 20, 2000, the
Subcommittee on Forests and Public Land Management held a
hearing on a similar piece of legislation, S. 2691, in the
106th Congress. On September 20, 2000, the Committee on Energy
and Natural Resources ordered S. 2691 reported favorably with
an amendment, and on October 5, 2000, the Senate passed S. 2691
by unanimous consent. The House of Representatives took no
action on S. 2691. The Committee on Energy and Natural
Resources ordered S. 254 reported favorably without an
amendment on May 16, 2001.
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in
open, business session on May 16, 2001, by a voice vote,
recommends that the Senate pass S. 254.
Section-by-Section Analysis
Section 1 amends Public Law 95-200 (16 U.S.C. 482b note) by
striking section 1 and inserting new text that includes an
additional portion of the Little Sandy River watershed in the
Bull Run Watershed Management Unit of Oregon, including
appropriate reference to a map depicting the new boundary, as
well as conforming and technical amendments.
Section 2 amends Public Law 95-200 (16 U.S.C. 482b note) by
striking paragraph (1) of section 2(b) and inserts new text to
prohibit harvesting of trees in the unit as depicted in section
1. The section also makes conforming and technical amendments
to the Oregon Resource Conservation Act of 1996 and the Omnibus
Parks and Public Lands Management Act of 1996. The section also
clarifies that there is no effect in any water rights by the
Act.
Section 3 requires the Secretaries of Agriculture and the
Interior to complete an administrative land reclassification
such that Oregon and California Railroad lands (O&C lands) that
are within the affected area would become public domain lands
and other public domain lands would become O&C lands for
purposes of distribution of O&C receipts.
Section 4 authorizes funds for watershed restoration
activities near the Bull Run Management Unit.
Cost and Budgetary Considerations
The Congressional Budget Office (CBO) estimate of the costs
of this measure follows:
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
CBO estimates that implementing S. 254 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. S. 254 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.
S. 254 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, S. 254 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 near future.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Robert A. Sunshine, Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 254.
Executive Communications
On May 23, 2001, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Agriculture and the Office of Management and Budget setting
forth executive views on S. 254. These reports had not been
received at the time the report was filed. When the reports
become available, the Chairman will request that they be
printed in the Congressional Record for the advice of the
Senate.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 254, as ordered 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):
Public Law 95-200 (16 U.S.C. 482b note)
* * * * * * *
``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) 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.
``Management
``Sec. 2. (a) The unit and the renewable resources therein,
shall be administered as a watershed by the [Secretary of
Agriculture] Secretary in accordance with the laws, rules and
regulations applicable to National Forest System lands]
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) 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 individual insignificant
degradation), 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
authorization issued pursuant thereto shall forth-with be
altered by the Secretary to eliminate such adverse effect by
application 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) * * *
``(2) Permitted cutting.--
``(A) In general.--Subject to subparagraph
(B), the [Secretary of Agriculture] Secretary
shall prohibit the cutting of trees in the area
described in paragraph (1).
``(B) Permitted cutting.--Subject to
subparagraph (C), the Secretary may only allow
the cutting of trees in the area described in
paragraph (1)--
``(i) for the protection or
enhancement of water quality in the
area described in paragraph (1); or
``(ii) for the protection,
enhancement, or maintenance of water
quality available from the area
described in paragraph (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] Secretary may not authorize a
salvage sale in the area described in paragraph
(1).
``(b) Timber Cutting [sic]--
[``(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'.]
``(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.
* * * * * * *
``(c) The policy set forth in [subsection (a) and (b)]
subsections (a) and (b), [sic] shall be attained through the
development, maintenance, and periodic revision of land
management plans in accordance with procedures set forth in
section 5[6] of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (88 Stat. 477, as amended: 16 U.S.C. 1604)
[section 1604 of this title], [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 [Nov. 23, 1977], 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 ofany deviation therefrom.
Deviations occurring from operation, 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.
* * * * * * *
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Public Law 104-208--Sept. 30, 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 in 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.]
* * * * * * *
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Public Law 104-333--Nov. 12, 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 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''). That 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 he 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) Existng Data and Processes.--To the greatest extent
possible, the Secretary shall use existing 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.]
* * * * * * *