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[House Report 107-151]
[From the U.S. Government Publishing Office]

107th Congress                                            Rept. 107-151
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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                     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.

                                
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