[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.

           *       *       *       *       *       *       *

                              ----------                              


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.]

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