79–010

Calendar No. 850

106TH CONGRESS REPORT

2d Session " ! SENATE 106–428

PROTECTIONS FOR THE WATERSHED OF THE LITTLE

SANDY RIVER

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000.—Ordered to be printed

Mr. MURKOWSKI, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

[To accompany S. 2691]

The Committee on Energy and Natural Resources, to which was

referred 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, having

considered the same, report favorably thereon with an amendment

and recommend that the bill, as amended, do pass.

The amendment is as follows:

On page 5, 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.

§ 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. § 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. § 1702), but

2

excluding therefrom any lands managed pursuant to the

Act of August 28, 1937 (chapter 876, title II, 50 Stat. 875;

43 U.S.C. § 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 identified 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. § 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. § 1181f).

‘‘SEC. 4. ENVIRONMENTAL RESTORATION.

‘‘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.’’.

PURPOSE OF THE MEASURE

The purpose of S. 2691 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. 2691 would expand the

boundary of the Bull Run Watershed Management Unit to include

the southern portion of the Little Sandy. 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

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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. 2691 was introduced on June 7, 2000 by Senator Wyden and

referred to the Committee on Energy on Natural Resources. The

Subcommittee on Forests and Public Land Management held a

hearing on S. 2691 on July 20, 2000. At the business meeting on

September 20, 2000, the Committee on Energy and Natural Resources ordered S. 2692 reported favorably with an amendment.

COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Senate Committee on Energy and Natural Resources, in

open business session on September 20, 2000, by a voice vote of a

quorum present, recommends that the Senate pass S. 2691 if

amended as described herein.

COMMITTEE AMENDMENT

During the consideration of S. 2691, the Committee adopted an

amendment offered by Mr. Wyden and Mr. Smith which added two

sections to the bill.

The first of these, section 3, requires the Secretaries of Agriculture and 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.

The second, section 4, authorizes funds for watershed restoration

activities near the Bull Run Management Unit.

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 on any water rights by the Act.

Section 3 requires the Secretaries of Agriculture and Interior to

complete an administrative land reclassification such that Oregon

and California Railroad lands (O&C lands) that are within the affective 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.

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COST AND BUDGETARY CONSIDERATION

The Congressional Budget Office estimate of the costs of this

measure has been requested but was not available at the time the

report was filed. When the report is available, the Chairman will

request it be printed in the Congressional Record for the advice of

the Senate.

REGULATORY IMPACT EVALUATION

In compliance with paragraph 12 of rule XXVI of the Standing

Rules of the Senate, change in existing law made by bill S. 2691,

as ordered reported, are shown as follows:

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. 2691, as ordered reported.

EXECUTIVE COMMUNICATIONS

On September 20, 2000, the Committee on Energy and Natural

Resources requested legislative reports from the Department of Interior and the Office of management and Budget setting forth executive views on the bill. These reports had not been received at the

time the report on S. 2691 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.

The testimony provided by the Department of Agriculture at the

Subcommittee hearing follows:

STATEMENT OF PAUL BROUHA, ASSOCIATE DEPUTY CHIEF,

FOREST SERVICE, DEPARTMENT OF AGRICULTURE

Mr. Chairman and Members of the Subcommittee, thank

you for the opportunity to discuss the Administration’s

views concerning S. 2691, a bill to provide further protection for the watershed of the Little Sandy River as part of

the Bull Run Watershed Management Unit, Oregon. I am

Paul Brouha Associate Deputy Chief of the Forest Service.

S. 2691, if enacted, would add approximately 2,900 acres

to the Bull run Watershed Management Unit. If enacted,

timber harvest activities and general public access into

this additional portion of the Little Sandy River watershed

would be prohibited. The Administration does not feel this

additional protection for the Little Sandy River watershed

is warranted and, therefore, does not support this bill.

The majority of the Little Sandy River watershed is already within the Bull Run Watershed Management Unit.

The Administration believes that the 1994 northwest forest plan amendments (NWFP) provide sufficient protection

for the health of the Little Sandy River watershed and

preservation of future options. Specifically, the Little

Sandy River watershed is designated a Tier 2 Key watershed in the NWFP. This designation emphasizes high

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water quality, as well as fish and watershed restoration.

The NWFP, with its extensive system of late-successional

and riparian reserves, watershed restoration, and other

components of the aquatic conservation strategy, proves

for a very high level of water quality protection.

The NWFP provides for a scientifically based, ecosystem

approach for management of federal lands. It is based on

landscape-level scientific analysis, and considers the interrelationships of all the forest’s resources in its implementation. The NWFP is designed to aid in the recovery of species listed under the Endangered Species Act (ESA) and is

an integral part of recovery plans for all listed species, including the Northern Spotted Owl and the Lower Columbia River winter steelhead and Chinook salmon, fish

stocks in the Sandy River Basin that are currently listed

under the ESA. Portland General Electric has already

committed to providing fish passage around their facility

and restoring anadromous fish habitat in the Little Sandy.

National Marine Fisheries Service has accepted the NWFP

as an integral part of the recovery plan for the ESA listed

fish in the Sandy River Basin.

The Point of diversion for Portland’s Bureau of Water

Works is above the confluence of the Little Sandy and Bull

Run Rivers. A water supply option study conducted by the

City of Portland in 1992 dismissed the option of developing

the Little Sandy as a municipal water source because of

issues related to water rights, cost of development, limited

capacity, and impacts to a variety of resources. A Regional

Water Supply Plan completed in 1996 by 27 water providers also dismissed the option of the Little Sandy Basin

as a water supply source at the time but advocated protection. Therefore, it is unlikely that the water of the Little

Sandy will ever be used as a municipal water source because of other available sources, the limited amount of

water in the Little Sandy, the uncertainty of water rights,

and the high costs of development. In addition, if municipal water rights were ever obtained for the Little Sandy

River, the requirement under ESA to maintain instream

water flows for the recovery of federally listed fish would

restrict water depletion even for municipal use.

The Oregon Resources Conservation Act of 1996 (Division B of P.L. 104–208) directed the Secretary of Agriculture to study the portion of the Little Sandy River watershed within the Bull Run Watershed Management Unit.

The Forest Service in consultation with the City of Portland, a private citizen-based Provincial Advisory Committee, and other interested parties, completed the study.

It was submitted on June 15, 1998, by the Secretary to the

Senate Committee on Agriculture, Nutrition, and Forestry,

the Senate Committee on Energy and Natural Resources,

the House Committee on Resources and the House Committee on Agriculture. The study recommended that the

area continue to be managed under the direction of the

NWFP. The reasons cited by the study are as follows:

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• The Little Sandy River has not been and currently

is not planned to be used to provide drinking water;

and

• The waters of the Little Sandy River may be needed to provide for the needs of fish species being considered for listing under the ESA.

Since that time, both Chinook salmon and winter

steelhead in the Sandy River Basin were listed under the

ESA.

There are many environmental safeguards already in

place for the Little Sandy River and other sensitive watersheds in the Pacific Northwest. For these reasons we feel

that S. 1691 is unnecessary.

This concludes my testimony. I would be happy to answer any questions that you may have.

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.

2691, 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

ø‘‘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.

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‘‘(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 øSecretary of Agriculture¿

Secretary in accordance with the laws, rules and regulations øapplicable 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 forthwith 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

øSecretary 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 quantity available from the area described in paragraph (1); or

‘‘(iii) for the construction, expansion, protection or

maintenance of municipal water supply facilities; or

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‘‘(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 øSecretary of Agriculture¿

Secretary may not authorize a salvage sale in the area described in paragraph (1).

‘‘(b) TIMBER CUTTING [SIC]— ø‘‘(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 øsubsection (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],

øthrough 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 of

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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.

* * * * * * *

Public Law 104–208—Sept. 30, 1996

* * * * * * *

øSEC. 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.¿

* * * * * * *

Public Law 104–333—Nov. 12, 1996

øSEC. 1026. BULL RUN PROTECTION.—

ø(a) AMENDMENTS TO PUBLIC LAW 95–200.—

ø(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)’’.

ø(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)’’.

ø(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.

ø(4) Section 2 of Public Law 95–200 is amended by inserting

after subsection (a) the following new subsection:

ø‘‘(b) TIMBER CUTTING.—

ø‘‘(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’.

ø‘‘(2) PERMITTED CUTTING.—

ø‘‘(A) IN GENERAL.—Subject to subparagraph (B), the

Secretary of Agriculture shall prohibit the cutting of trees

in the area described in subparagraph (1).

ø‘‘(B) PERMITTED CUTTING.—Subject to subparagraph

(C), the Secretary may only allow the cutting of trees in

the area described in subparagraph (1)—

ø‘‘(i) for the protection or enhancement of water

quality in the area described in subparagraph (1); or

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ø‘‘(ii) for the protection, enhancement, or maintenance of water quantity available from the area described in subparagraph (1); or

ø‘‘(iii) for the construction, expansion, protection or

maintenance of municipal water supply facilities; or

ø‘‘(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.

ø‘‘(C) SALVAGE SALES.—The Secretary of Agriculture may

not authorize a salvage sale in the area described in subparagraph (1).’’.

ø(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—

ø(1) the impact of management activities within the study

area on the quality of drinking water provided to the Portland

Metropolitan area;

ø(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

ø(3) the location and extent of any significant cultural or

other values within the study area.

ø(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.

ø(d) EXISTING DATA AND PROCESSES.—To the greatest extent

possible, the Secretary shall use existing data and processes to

carry out the study and report.

ø(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.

ø(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.

ø(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.

ø(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 amendVerDate 11-MAY-2000 16:14 Sep 29, 2000 Jkt 079010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR428.XXX pfrm01 PsN: SR428
11

ment 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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