I

103D CONGRESS

2D SESSION H. R. 4063

To establish a special protection unit for the Bull Run River and Little

Sandy River watersheds in the Mt. Hood National Forest in the State

of Oregon to maintain and protect the forest resources of the watersheds

and the natural purity of the water resources of the watersheds through

restrictions on timber activities in and human access into the unit.

IN THE HOUSE OF REPRESENTATIVES

MARCH 16, 1994

Mr. WYDEN (for himself and Ms. FURSE) introduced the following bill; which

was referred jointly to the Committees on Natural Resources and Agriculture

A BILL

To establish a special protection unit for the Bull Run River

and Little Sandy River watersheds in the Mt. Hood

National Forest in the State of Oregon to maintain

and protect the forest resources of the watersheds and

the natural purity of the water resources of the watersheds through restrictions on timber activities in and

human access into the unit.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Bull Run and Little Sandy Watershed Protection Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

Sec. 4. Establishment of the Bull Run Watershed Protection Unit.

Sec. 5. Protection of Unit.

Sec. 6. Access to Unit.

Sec. 7. Withdrawal.

Sec. 8. Cooperation between the Secretary and the city.

Sec. 9. Citizen advisory committee.

Sec. 10. Effect on other laws.

Sec. 11. Civil penalties and citizen suits.

Sec. 12. Authorization of appropriations.

3 SEC. 2. FINDINGS.

4 The Congress finds the following:

5 (1) An area of land in the State of Oregon

6 known as the Bull Run Watershed Management

7 Unit is, and has been for more than 100 years, the

8 primary source of municipal water supply for the

9 city of Portland, Oregon, and other local govern10 mental units and persons in the metropolitan area of

11 the city.

12 (2) An area larger than the current manage13 ment unit, including all of the upper drainage basin

14 of the Bull Run River and much of the drainage

15 basin of the Little Sandy River, a tributary to the

16 Bull Run River, was reserved for the city for water

17 supply purposes and protected from unauthorized

18 human entry by a Presidential proclamation issued

19 in 1892.
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1 (3) The Bull Run River furnishes an extremely

2 valuable resource of pure clear raw potable water,

3 and the Little Sandy River could furnish additional

4 high quality drinking water if the current manage5 ment unit were expanded to again protect Federal

6 lands within the Little Sandy River watershed up7 stream from Aschoff Creek near Marmot.

8 (4) The use of the purest water available is of

9 great importance in protecting citizens from diseases

10 associated with drinking water, and the city is fortu11 nate to have a water supply that can be protected

12 from contamination by bacteria, viruses, industrial

13 waste, sewage, herbicides, pesticides, and nuclear

14 waste through restrictions on human entry into, and

15 human activities in, the Bull Run River and Little

16 Sandy River watersheds.

17 (5) The current management unit is managed

18 pursuant to the provisions of Public Law 95–200

19 (91 Stat. 1425; 16 U.S.C. 482b note), which does

20 not fully address the present and future needs and

21 opportunities for the protection, management, and

22 utilization of the water resources contained in the

23 current management unit and nearby lands.

24 (6) The city and the metropolitan area sur25 rounding the city are rapidly growing at a time when
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1 pure drinking water supplies are becoming more dif2 ficult to locate and develop and when health stand3 ards for drinking water are becoming increasingly

4 strict.

5 (7) The water supply from the current manage6 ment unit is unfiltered and currently meets all legal

7 criteria to remain unfiltered and meets or exceeds all

8 Federal and State drinking water regulations.

9 (8) The Bull Run River and Little Sandy River

10 watersheds constitute an urban water supply source

11 unique in the country for its purity and for its po12 tential to retain that purity through a system of wa13 tershed protection and restrictions on human entry.

14 (9) In 1909, the Oregon Legislature enacted

15 Oregon Revised Statute (ORS) 538.420, which pro16 vides that ‘‘exclusive right to the use of waters of

17 Bull Run and Little Sandy River is granted to the

18 city of Portland.’’

19 (10) Because of the unique characteristics and

20 value of the current management unit to the city

21 and the metropolitan area surrounding the city, the

22 principal management objective in an expanded Bull

23 Run Watershed Protection Unit should be the con24 tinued and expanded production of pure clear raw

25 potable water.
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1 SEC. 3. DEFINITIONS.

2 For purposes of this Act:

3 (1) CITIZEN ADVISORY COMMITTEE.—The term

4 ‘‘citizen advisory committee’’ means the citizen advi5 sory committee established pursuant to section 9 to

6 monitor compliance with the Act.

7 (2) CITY.—The term ‘‘city’’ means the city of

8 Portland, Oregon.

9 (3) ECOLOGICAL INTEGRITY.—The term ‘‘eco10 logical integrity’’ means—

11 (A) the intricate linkages associated with

12 natural structure, function, and composition;

13 (B) the capacity for self-renewal in soil,

14 water, plants, and animals; and

15 (C) the resilience of an ecosystem or the

16 ability of an ecosystem to resist dramatic

17 change and to recover from dramatic change.

18 (4) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of Agriculture.

20 (5) UNIT.—The term ‘‘Unit’’ means the Bull

21 Run Watershed Protection Unit in the Mt. Hood

22 National Forest established under section 4.

23 (6) WATER QUALITY.—The term ‘‘water qual24 ity’’ means the physical, chemical, and biological in25 tegrity of water.
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1 (7) WATER QUANTITY.—The term ‘‘water

2 quantity’’ means that volume of water produced, and

3 the timing of water production, in the Unit by var4 ious forms of precipitation (such as rain, snow, and

5 fog drip) interacting with the physical characteristics

6 of the land. The type, amount, distribution, and tim7 ing of precipitation, as well as the land form, types

8 and distribution of any roads, vegetative cover, and

9 soil type influence the volume and timing of water

10 flowing in Unit.

11 SEC. 4. ESTABLISHMENT OF THE BULL RUN WATERSHED

12 PROTECTION UNIT.

13 (a) ESTABLISHMENT OF UNIT.—

14 (1) ESTABLISHMENT.—Subject to valid existing

15 rights, there is hereby established a special resources

16 protection unit in the State of Oregon to be known

17 as the ‘‘Bull Run Watershed Protection Unit’’.

18 (2) LANDS INCLUDED.—The Unit shall consist

19 of approximately 108,000 acres of Federal and city

20 lands that are—

21 (A) included (or to be included) within the

22 Mt. Hood National Forest in the State of Or23 egon; and
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1 (B) depicted on a map dated April lll,

2 1994, and entitled ‘‘Bull Run Watershed Pro3 tection Unit Mt. Hood National Forest’’.

4 (3) LANDS EXCLUDED.—Privately owned par5 cels of land located within the boundaries of the

6 Unit shall not be considered a part of the Unit un7 less the lands are acquired by the Secretary as pro8 vided in subsection (b) or (d).

9 (b) INCLUSION OF ADDITIONAL LANDS.—

10 (1) IN GENERAL.—The Unit shall also include

11 such other lands as may be added to the Unit by the

12 Secretary under the authority of this subsection.

13 (2) INITIAL STUDY OF POTENTIAL EXPAN14 SION.—Not later than one year after the date of the

15 enactment of this Act, the Secretary shall complete

16 a study evaluating the expansion of the Unit to pro17 vide additional buffers for the Bull Run River and

18 Little Sandy River watersheds from human and nat19 ural disturbances. The Secretary shall prepare the

20 study in cooperation with the city.

21 (3) ACQUISITION OF ADDITIONAL LANDS.—

22 Based upon the results of the study required under

23 paragraph (2), the Secretary shall use the authority

24 under paragraph (4) to acquire additional lands for

25 inclusion in the Unit to reflect the conclusions
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1 reached in the study, except that the Secretary is

2 not required to expand the Unit to include land cur3 rently in private ownership.

4 (4) METHODS OF ACQUISITION.—The Secretary

5 may acquire (by gift, exchange, purchase, or dona6 tion) non-Federal lands and non-Federal interests in

7 land within or contiguous with the boundaries of the

8 Unit for purposes of adding such lands or interests

9 in land to the Unit.

10 (5) CONDEMNATION PROHIBITED.—The Sec11 retary may not acquire lands or interests in lands

12 under paragraph (3) or subsection (d) by condemna13 tion proceedings.

14 (c) TRANSFER OF JURISDICTION OF CERTAIN BLM

15 LANDS.—Not later than 90 days after the date of the en16 actment of this Act, the Secretary of the Interior shall

17 transfer to the Secretary of Agriculture jurisdiction over

18 those lands under the jurisdiction of the Bureau of Land

19 Management that are depicted on the map referred to in

20 subsection (a) as part of the Unit. The transfer of such

21 lands shall be made without reimbursement. The Sec22 retary shall protect and manage the transferred lands as

23 part of the Unit in accordance with this Act and the laws

24 and regulations pertaining to the National Forest System
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1 and shall adjust the boundaries of the Mt. Hood National

2 Forest to include such lands.

3 (d) MINOR ENLARGEMENTS OF UNIT.—The Sec4 retary may from time to time make minor boundary en5 largements to the Unit after consultation with the city and

6 appropriate public notice and hearings.

7 (e) AVAILABILITY AND REVISION OF UNIT MAP.—

8 The map referred to in subsection (a) shall be kept on

9 file and made available for public inspection in the Office

10 of the Chief of the Forest Service, Department of Agri11 culture, the Office of the Regional Forester-Pacific North12 west Region of the Forest Service, and the Office of the

13 Forest Supervisor of the Mt. Hood National Forest. Upon

14 any enlargements of the Unit, the Secretary shall amend

15 the map, within 30 days of such change, to reflect those

16 changes and to describe accurately the new boundaries of

17 the Unit.

18 (f) EFFECT ON EXISTING MANAGEMENT UNIT.—The

19 Bull Run Watershed Protection Unit established pursuant

20 to subsection (a) shall supersede the special resources

21 management unit established pursuant to section 1 of

22 Public Law 95–200 (91 Stat. 1425; 16 U.S.C. 482b note).

23 SEC. 5. PROTECTION OF UNIT.

24 (a) PROTECTION GENERALLY.—The Secretary shall

25 protect the Unit as a drinking water supply watershed of
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1 the National Forest System pursuant to the directions

2 contained in this Act and in accordance with such laws

3 and regulations applicable to National Forest System

4 lands as are consistent with the directions contained in

5 this Act.

6 (b) PURPOSES OF PROTECTION AND MANAGE7 MENT.—

8 (1) PROTECTION AND MAINTENANCE OF WATER

9 QUALITY AND QUANTITY.—The Secretary shall at all

10 times pursue the purposes of protecting and main11 taining the quality of water produced on the Unit

12 and maintaining and allowing the expansion of the

13 quantity of water from the Unit available for the use

14 of the city and other local government units and per15 sons using such water under agreements with the

16 city.

17 (2) TERMINATION OF ADVERSE FEDERAL MAN18 AGEMENT PRACTICES.—If any management plan,

19 practice, policy, use, or regulation of the Federal

20 Government with respect to the Unit is found by the

21 Secretary to have violated (or to have a significant

22 potential for violating) a water quality standard

23 adopted pursuant to subsection (e), then the Sec24 retary shall alter or terminate such management

25 plan, practice, policy, use, or regulation (and all rel-
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1 evant leases, permits, contracts, rights-of-way, or

2 other rights or authorizations issued pursuant to

3 such plan, practice, policy, use, or regulation) to

4 eliminate such violation or potential violation. The

5 Secretary may undertake an alteration or termi6 nation authorized by this paragraph notwithstanding

7 any other provision of law, except for the Endan8 gered Species Act of 1973 (16 U.S.C. 1531 et seq.).

9 In determining whether a violation or potential viola10 tion of a water quality standard exists, the Secretary

11 shall measure water quality by using the water qual12 ity standards developed pursuant to subsection (e)

13 and, as required under subsection (f)(2)(B), by

14 using project monitoring. The Secretary shall also

15 take into consideration the cumulative effect of indi16 vidually insignificant impacts.

17 (3) EXISTING ENERGY PRODUCTION AND

18 TRANSMISSION.—The existing use of water in the

19 Unit for the production of energy and the existing

20 transmission of energy through and over the Unit

21 may not be restricted by the Secretary. The rights22 of-way heretofore granted to the Bonneville Power

23 Administration by the Forest Service through and

24 over the Unit and the permits heretofore granted to

25 the city by the Forest Service for power production
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1 are validated and confirmed and deemed consistent

2 with the purposes specified in paragraph (1).

3 (4) RESTRICTION ON NEW ENERGY FACILI4 TIES.—Subject to valid existing rights, the Unit is

5 unavailable for the development or operation of hy6 droelectric power facilities, except that the develop7 ment and operation of new hydroelectric facilities as8 sociated with water facilities of the city shall be al9 lowed if the operation of such hydroelectric facilities

10 would not significantly degrade water quality in the

11 Unit for drinking water purposes and is consistent

12 with the Federal Power Act (16 U.S.C. 791a et seq.)

13 and the purposes specified in paragraph (1).

14 (c) ACCOMPLISHING PURPOSES.—In consultation

15 with the city, the Secretary shall accomplish the purposes

16 specified in subsection (b)(1) through—

17 (1) the development, maintenance, and periodic

18 revision of a land protection plan or plans for the

19 Unit, developed and revised in accordance with pro20 cedures set forth in section 6 of the Forest and

21 Rangeland Renewable Resources Planning Act of

22 1974 (16 U.S.C. 1604) and the special requirements

23 of this Act;

24 (2) the maintenance of systems for monitoring

25 and evaluating water quality in the Unit;
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1 (3) the restriction of human access to the Unit

2 under rules adopted by the Secretary under section

3 6; and

4 (4) the support (in coordination with the city)

5 of such scientific research regarding the Unit and

6 water quality and water quantity in the Unit as the

7 Secretary may consider to be necessary.

8 (d) ELEMENTS OF PROTECTION PLANS.—

9 (1) PENDING DEVELOPMENT OF PLANS.—Pend10 ing development of the initial land protection plan

11 required under subsection (c)(1) for the Unit, the

12 Secretary shall cease and prohibit any activity in the

13 Unit inconsistent with the provisions of this Act.

14 (2) DEVELOPMENT REQUIRED.—In the develop15 ment and revision of the land protection plan re16 quired under subsection (c)(1) for the Unit, the Sec17 retary shall—

18 (A) use an interdisciplinary team to pre19 pare the plan;

20 (B) consult and coordinate with appro21 priate officials and advisers of the city and the

22 citizen advisory committee;

23 (C) use the best scientific information

24 available;
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1 (D) consider such data and research as the

2 city may collect through its own monitoring sys3 tems and scientific efforts;

4 (E) provide for public participation; and

5 (F) embody draft and final plans in appro6 priate written material, including maps and

7 other descriptive documents.

8 (3) MINIMUM REQUIREMENTS.—The protection

9 plan or plans developed for the Unit shall be consist10 ent with the provisions of this Act and designed to

11 accomplish the purposes specified in subsection

12 (b)(1). The plan shall include, at a minimum, a pro13 hibition on any management activities in the Unit

14 unrelated to the maintenance and enhancement of

15 water quality or water quantity and a prohibition on

16 timber cutting and timber management activities in

17 the Unit unless such activities are specifically per18 mitted by other provisions of this Act. The plan

19 shall also include a prohibition on smoking in the

20 Unit and on the use of pesticides and herbicides in

21 the Unit. The plan shall also include a fire manage22 ment plan designed to eliminate, to the greatest ex23 tent possible, any human-caused fire in the Unit and

24 to immediately confine and suppress any fire in the

25 Unit or adjacent to the Unit.
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1 (e) WATER QUALITY STANDARDS.—

2 (1) PURPOSE AND INCLUSION OF STAND3 ARDS.—The protection plan or plans developed for

4 the Unit shall contain water quality standards devel5 oped by the Secretary in consultation with the city

6 and the citizen advisory committee. The purpose of

7 the water quality standards shall be to allow mon8 itoring and evaluation of short-term and long-term

9 changes to water quality, to provide a basis upon

10 which to document site-specific and cumulative im11 pacts of past and current Federal management ac12 tivities, to determine natural sources of water qual13 ity fluctuations, to determine the interaction of Fed14 eral management activities and natural processes

15 that affect water quality, and to be responsive to

16 changes in technology and information on public

17 health. The Secretary shall develop and maintain the

18 standards using the best available data and the best

19 practical water monitoring technology.

20 (2) MINIMUM REQUIREMENTS.—At a minimum,

21 the water quality standards shall address all con22 taminants regulated under the Safe Drinking Water

23 Act (42 U.S.C. 300f et seq.) at their entry into the

24 distribution system and such other standards as are

25 required to maintain the water quality in the Unit
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1 at a level at least equal to the quality reflected in

2 data from a base period to be selected by the city,

3 after consultation with the citizen advisory commit4 tee.

5 (3) MONITORING.—In carrying out this sub6 section, the Secretary shall compare current data to

7 historical data (as identified in paragraph (2)) at

8 least annually for the purpose of evaluating degrada9 tion of water quality and determining—

10 (A) compliance with the water quality

11 standards (unless the Safe Drinking Water Act

12 calls for monitoring less often than once a year

13 for a particular standard);

14 (B) the source and significance of any de15 viation from such standards; and

16 (C) any changes to policies or programs re17 quired to correct or forestall compliance prob18 lems.

19 (4) EXCLUSION OF CERTAIN DEVIATIONS.—Any

20 deviations from water quality standards occurring

21 solely due to natural phenomena unrelated to and

22 not interactive with past or current Federal manage23 ment activities, and any deviations occurring from

24 the operation, maintenance, alteration, or construc25 tion of water storage or electrical generation and
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1 transmission facilities, shall be excluded in determin2 ing compliance with such standards and the policies

3 or programs required to correct or forestall compli4 ance problems.

5 (5) REVISION.—The Secretary may revise the

6 water quality standards applicable to the Unit peri7 odically to reflect changes and additions in State

8 and Federal drinking water regulations or changes

9 in conditions of, or knowledge about, water quality

10 in the Unit. Any revision shall be made in consulta11 tion with the city and the citizen advisory commit12 tee.

13 (f) EXCEPTIONS TO TIMBER CUTTING PROHIBI14 TION.—

15 (1) TIMBER MANAGEMENT ACTIVITIES AUTHOR16 IZED.—Notwithstanding subsection (d)(3), the Sec17 retary may permit limited timber cutting or timber

18 management activities in the Unit under the follow19 ing circumstances:

20 (A) Such minimum cutting or other timber

21 management activity that the Secretary deter22 mines is necessary for the construction of new

23 municipal water reservoirs or other water sup24 ply facilities in the Unit, if the proposals for

25 such construction comply with all applicable
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1 Federal environmental laws and are preceded

2 by the best practical water conservation pro3 gram available. The Secretary shall appoint, in

4 consultation with the city, a committee to deter5 mine whether a water conservation program is

6 the best practical program available. The com7 mittee shall consist of Federal, State, and city

8 officials and representatives of environmental

9 groups with expertise regarding water conserva10 tion.

11 (B) Such timber management activities

12 that the Secretary determines are the only ef13 fective method available to protect water quality

14 and quantity in the Unit and have long-term

15 benefits greater than any short-term risks.

16 (2) MANNER OF CONDUCTING ACTIVITIES.—

17 (A) IN GENERAL.—Except as provided in

18 subparagraph (B), a timber management activ19 ity permitted under paragraph (1)(B) shall be

20 carried out only by the Forest Service without

21 selling timber from the Unit.

22 (B) EXTENSIVE TREE MORTALITY.—If the

23 director of the Pacific Research Station of the

24 Forest Service finds that extensive tree mortal25 ity has occurred in the Unit, which poses a cat-
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1 astrophic and long-term threat to water quality

2 in the Unit, a timber management activity per3 mitted under paragraph (1)(B) may be con4 tracted out by the Secretary to commercial enti5 ties under terms and conditions acceptable to

6 the city. The director may make such a finding

7 only after conducting a scientifically credible re8 view, including independent peer review. The

9 Secretary shall ensure, to the greatest extent

10 practicable, that the director completes the re11 view necessary to make such a finding within

12 six months of the occurrence of the tree mortal13 ity subject to the review. If the Secretary exer14 cises the authority to contract out to commer15 cial entities any timber management activity

16 permitted under paragraph (1)(B), the Sec17 retary shall obtain fair market value payments

18 from such entities for all timber removed from

19 the Unit under the contract and all payments

20 received by the Secretary for such timber shall

21 be deposited into the United States Treasury.

22 The Secretary shall ensure that project mon23 itoring shall be conducted for all such timber

24 management activities.
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1 (3) CONDITIONS.—All timber management ac2 tivities permitted under subparagraphs (A) or (B) of

3 paragraph (1) shall be carried out under standards

4 and guidelines that are based on the best available

5 scientific information and are protective of the eco6 logical integrity and water quality and water quan7 tity of the Unit. Such activities shall be carried out

8 only after compliance with all Federal environmental

9 laws. In the development and implementation of

10 such activities, the Secretary shall provide for public

11 participation, consult with the citizen advisory com12 mittee, and obtain the approval of the City Council

13 of the city after appropriate public hearings.

14 (g) DATE OF COMPLETION.—The initial land protec15 tion plan required under subsection (c)(1) for the Unit

16 shall be completed by the end of the two-year period begin17 ning on the date of the enactment of this Act.

18 SEC. 6. ACCESS TO UNIT.

19 (a) RESTRICTIONS ON ACCESS.—Access to the Unit

20 shall be prohibited, except for those persons described in

21 subsection (b). In consultation with the city, the Secretary

22 shall issue regulations for controlling entry into the Unit

23 by such persons.
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1 (b) PERSONS ALLOWED ACCESS.—The persons re2 ferred to in subsection (a) who are authorized to enter

3 the Unit are as follows:

4 (1) Federal, State, and local government offi5 cers and employees acting in an official capacity.

6 (2) Federal, State, and local government per7 mittees and contractors conducting authorized activi8 ties, including contractors of the city engaged in the

9 inspection, maintenance, construction, or improve10 ment of facilities of the city in the Unit.

11 (3) Members of advisory groups formed pursu12 ant to this Act, the Federal Advisory Committee Act

13 (5 U.S.C. App.), or ordinances of the city in the per14 formance of their official duties.

15 (4) Those persons authorized by the Lenart

16 Acres Water District to maintain and protect that

17 community water system located in the Unit in

18 Township 2 South, Range 6 East, Section 15.

19 (5) Those persons authorized by the Corbett

20 Water District to maintain and protect that munici21 pal water system located in the Unit in Township 1

22 North, Range 6 East, Sections 29, 30, 31, and 32,

23 and Township 1 South, Range 6 East, Sections 5,

24 6, and 7, and Township 1 South, Range 5 East Sec25 tions 1 and 12.
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1 (6) Persons on the Pacific Crest National Sce2 nic Trail, the spur trail to Buck Peak, Number 615,

3 and Lost Lake Trail, Number 656.

4 (7) Persons conducting unobtrusive and obser5 vational scientific research reviewed and authorized

6 by the Secretary.

7 (8) Persons who are authorized by the Sec8 retary to enter the Unit to accomplish the purposes

9 specified in section 5(b)(1), to engage in the activi10 ties allowed under this Act, or to protect the forest

11 and the water resources of the Unit.

12 (9) Such other persons if the Secretary, after

13 consulting with the citizen advisory committee, finds

14 that they have a legitimate interest in entering the

15 Unit and that their activities will not adversely af16 fect accomplishment of the purposes specified in sec17 tion 5(b)(1).

18 (c) RULE OF CONSTRUCTION.—Subsection (a), and

19 any regulation issued by the Secretary pursuant to such

20 subsection, shall not prohibit ingress or egress—

21 (1) to private inholdings located within the

22 boundaries of the Unit; or

23 (2) to authorized occupancies on, or uses of,

24 Federal lands, which are in effect on the date of the

25 enactment of this Act.
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1 SEC. 7. WITHDRAWAL.

2 (a) WITHDRAWAL.—Except as provided in subsection

3 (b) and subject to valid existing rights, Federal lands in

4 the Unit are hereby withdrawn from location, leasing, sale,

5 entry, and patent under the mining laws of the United

6 States, from the operation of the mineral leasing laws of

7 the United States, and from operation of the Geothermal

8 Steam Act of 1970 (30 U.S.C. 1001 et seq.).

9 (b) EXCEPTION.—Nothing in subsection (a) shall

10 prevent the Secretary from using mineral or aggregate re11 sources of the Unit in the use and management of the

12 Unit or prevent the city from using such resources for the

13 construction of water facilities in the Unit, authorized

14 under section 5(f)(1)(A), or for the construction or main15 tenance of roads in the Unit associated with city water

16 facilities.

17 SEC. 8. COOPERATION BETWEEN THE SECRETARY AND THE

18 CITY.

19 (a) ANNUAL REVIEW.—Upon request by the city and

20 at least annually, the Secretary shall meet with appro21 priate officials of the city for the purpose of reviewing

22 planned management programs for the Unit and the im23 pact of such programs on the quality and quantity of the

24 water produced on the Unit and assuring that their re25 spective management and operational activities within the

26 Unit are appropriately coordinated. The Secretary shall
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1 negotiate in good faith cooperative agreements with appro2 priate officials of the city to effectuate activity coordina3 tion.

4 (b) ARBITRATION BOARD.—

5 (1) CONDITIONS FOR ESTABLISHMENT.—An ar6 bitration board shall be established pursuant to this

7 subsection whenever necessary for resolving such sci8 entific or technical disagreements as may arise be9 tween the city and the Secretary with respect to—

10 (A) the development or revision of the

11 water quality standards provided for in section

12 5(e) and compliance with such standards;

13 (B) the effect (or the significance of such

14 effect) of one or more proposed or existing pro15 grams, practices, uses, or regulations on the

16 water quantity or water quality of the water

17 produced on or available to the city from the

18 Unit;

19 (C) the necessity for an alteration or ter20 mination of any policy, program, practice, use,

21 or regulation under section 5(b)(2); or

22 (D) the applicability of the exception to the

23 timber cutting prohibition provided in para24 graph (1)(B) of section 5(f) and the standards
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1 and guidelines regarding such cutting provided

2 in paragraphs (2) and (3) of such section.

3 (2) APPOINTMENT.—The Secretary and the city

4 shall each appoint one member to the board and

5 those two members shall select a third member. In

6 the event agreement cannot be reached on the third

7 member within seven days after the appointment of

8 the first two members, the third member shall be

9 appointed by the presiding judge of the United

10 States District Court for the District of Oregon

11 within seven days after being notified of such dis12 agreement by either of the first two members. All of

13 the members shall be qualified to make a scientific

14 determination of the facts in the case for which the

15 board is established.

16 (3) CONSIDERATION.—The contentions of the

17 city and the Secretary shall be submitted to the

18 board in the form of written contentions of fact to19 gether with the evidence and analysis that tends to

20 support the position being presented. The board may

21 also provide for oral presentations or examination, in

22 its discretion, or at the request of either of the par23 ties. The board shall consider and decide, on a sci24 entific basis, the issues in disagreement by majority

25 vote, taking into consideration the evidence and data
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1 presented by the parties and such other tests and

2 data which the board by majority vote may require.

3 (4) DECISION.—The decision of the board shall

4 be in the form of written findings of fact and conclu5 sions based on such findings of fact. The factual,

6 technical, and scientific findings and conclusions

7 shall be final and binding on the parties.

8 (5) COMPENSATION.—The Secretary and the

9 city shall compensate their designees and share

10 equally the compensation of the third member and

11 shall provide such technical and administrative sup12 port as required.

13 (c) EFFECT ON OTHER LEGAL PROCEEDINGS.—

14 Nothing in this section shall deny to the city, the Sec15 retary, or any other person the right to pursue legal dis16 putes over the proper interpretation or implementation of

17 this Act or any other Federal law in Federal court, except

18 that, in any such case, the relevant factual, technical, and

19 scientific findings and conclusions, if any, reached by the

20 arbitration board shall be binding on the city and on the

21 Secretary.

22 SEC. 9. CITIZEN ADVISORY COMMITTEE.

23 (a) ESTABLISHMENT.—The Secretary shall establish

24 a citizen advisory committee to monitor compliance with

25 this Act.
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1 (b) APPOINTMENT.—The members of the citizen ad2 visory committee shall be appointed as follows:

3 (1) One member appointed by each Senator

4 from the State of Oregon.

5 (2) One member appointed by each Member of

6 the House of Representatives who represents any

7 portion of the city.

8 (3) Three members appointed by the City

9 Council of the city.

10 (4) One member appointed by the governing

11 body of Multnomah County, Oregon.

12 (5) One member appointed by the governing

13 body of Washington County, Oregon.

14 (6) One member appointed by the Corbett

15 Water District.

16 (c) CHAIRPERSON.—The citizen advisory com17 mittee shall annually select a chairperson from

18 among its members.

19 (d) PURPOSE OF AND REPORTING BY THE COMMIT20 TEE.—The purpose of the citizen advisory committee is

21 to monitor the compliance with and enforcement of this

22 Act and to report their findings from time to time and

23 upon request to the persons or entities appointing mem24 bers under subsection (b). The citizen advisory committee

25 shall consult with and make recommendations to the Sec-
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1 retary, the Forest Service, and the City Council of the city

2 on actions to ensure implementation of, and compliance

3 with, this Act.

4 (e) COOPERATION.—The Secretary shall cooperate

5 with the citizen advisory committee and shall make every

6 effort to facilitate the performance by the citizen advisory

7 committee of the functions described in subsection (d).

8 SEC. 10. EFFECT ON OTHER LAWS.

9 (a) SAVINGS PROVISION.—Nothing in this Act shall

10 terminate or affect any lease, permit, contract, patent,

11 right-of-way, or other land use right or authorization ex12 isting on the date of the enactment of this Act.

13 (b) TRIBAL RIGHTS.—Nothing in this Act shall affect

14 or modify any treaty or other rights of any Indian tribe.

15 (c) WATER RIGHTS.—Nothing in this Act shall in

16 any way affect any law governing appropriation or use of,

17 or Federal right to, water on National Forest System

18 lands. Nothing in this Act shall be construed to expand

19 or diminish Federal, State, or local jurisdiction, respon20 sibility, interests, or rights in water resources development

21 or control, including rights in and current uses of water

22 resources in the Unit by community water systems.

23 (d) REPEAL OF CURRENT MANAGEMENT LAW.—

24 Public Law 95–200 (91 Stat. 1425; 16 U.S.C. 482b), re25 lating to the establishment and management of a special
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1 resources management unit within the Mt. Hood National

2 Forest in the State of Oregon, is hereby repealed.

3 (e) PREEMPTION.—Except as otherwise provided for

4 in this Act, within the Unit, this Act shall take precedence

5 over and supersede all State and local laws dealing with

6 land use planning and management, watershed planning

7 and management, timber management, and water quality.

8 SEC. 11. CIVIL PENALTIES AND CITIZEN SUITS.

9 (a) CIVIL PENALTIES.—

10 (1) VIOLATION OF ACCESS RESTRICTIONS.—

11 Any person who violates the restrictions on access to

12 the Unit prescribed pursuant to section 6(a) shall be

13 liable to the United States for a civil penalty as14 sessed under paragraph (3) in an amount not to ex15 ceed $1,000 for each violation.

16 (2) OTHER VIOLATIONS.—Any person who vio17 lates any prohibition or restriction imposed by this

18 Act (other than section 6(a)) or the protection plan

19 for the Unit required by section 5(c)(1) shall be lia20 ble to the United States for a civil penalty assessed

21 under paragraph (3) in an amount not to exceed

22 $10,000 for each violation.

23 (3) ASSESSMENT.—A civil penalty payable

24 under this subsection may be assessed by the Sec-
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1 retary only on the record after an opportunity for a

2 hearing.

3 (b) CITIZEN SUITS.—Any person may commence a

4 civil action—

5 (1) against any person (including the United

6 States and any other governmental instrumentality

7 or agency to the extent permitted by the eleventh

8 amendment to the Constitution) who is alleged to be

9 in violation of this Act or any standard, regulation,

10 condition, requirement, or order which has become

11 effective pursuant to this Act; or

12 (2) against the Secretary where there is alleged

13 to be a failure of the Secretary to perform any act

14 or duty under this Act which is not discretionary

15 with the Secretary.

16 (c) JURISDICTION.—The district courts shall have ju17 risdiction, without regard to the amount in controversy or

18 the citizenship of the parties, to enforce any provision of

19 this Act (or any standard, regulation, condition, require20 ment, or order which has become effective pursuant to this

21 Act) or to order the Secretary to perform any act or duty

22 under this Act which is not discretionary with the Sec23 retary, as the case may be, and to apply any appropriate

24 civil penalties.
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1 (d) NOTICE.—No action may be commenced under

2 subsection (b)(1) before the end of the 60-day period be3 ginning on the date the Secretary and any alleged violator

4 of any provision of this Act (or any standard, regulation,

5 condition, requirement, or order which has become effec6 tive pursuant to this Act) receives notice of the alleged

7 violation. No action may be commenced under subsection

8 (b)(2) before the end of the 60-day period beginning on

9 the date the Secretary receives notice of the alleged fail10 ure, except that such action may be brought immediately

11 after such notification if the plaintiff shows imminent ir12 reparable harm to the forest environment, water quality,

13 or water quantity of the Unit.

14 (e) VENUE; INTERVENTION BY SECRETARY.—Any

15 action under subsection (b) may be brought in the judicial

16 district for Oregon. In such an action under such sub17 section, the Secretary, if not a party, may intervene as

18 a matter of right.

19 (f) LITIGATION COSTS.—In issuing any final order

20 in any action brought pursuant to subsection (b), the court

21 shall award costs of litigation (including reasonable attor22 ney and expert witness fees) to any prevailing party. If

23 a temporary restraining order or preliminary injunction

24 is sought, the court may require a filing of a bond or
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1 equivalent security in accordance with the Federal Rules

2 of Civil Procedure.

3 (g) STATUTORY OR COMMON LAW RIGHTS NOT RE4 STRICTED.—Nothing in this section shall restrict any

5 right which any person (or class of persons) may have

6 under any statute or common law to seek enforcement of

7 any standard, regulation, condition, requirement, or order

8 which has become effective pursuant to this Act or to seek

9 any other relief.

10 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

11 There is authorized to be appropriated to the Sec12 retary $1,000,000 for fiscal year 1995 and each fiscal year

13 thereafter—

14 (1) for acquisition of lands for inclusion in the

15 Unit;

16 (2) for funding the activities of the citizen advi17 sory committee; and

18 (3) to conduct monitoring of, and scientific re19 search regarding, water quality, water quantity, and

20 forest conditions in the Unit, including monitoring

21 suggested by the Task Force Final Report: Water

22 Quality Monitoring in the Bull Run Watershed,

23 Oregon (July 19, 1989).

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