```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4063 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bull Run and 
Little Sandy Watershed Protection Act''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) An area of land in the State of Oregon known as the 
        Bull Run Watershed Management Unit is, and has been for more 
        than 100 years, the primary source of municipal water supply 
        for the city of Portland, Oregon, and other local governmental 
        units and persons in the metropolitan area of the city.
            (2) An area larger than the current management unit, 
        including all of the upper drainage basin of the Bull Run River 
        and much of the drainage basin of the Little Sandy River, a 
        tributary to the Bull Run River, was reserved for the city for 
        water supply purposes and protected from unauthorized human 
        entry by a Presidential proclamation issued in 1892.
            (3) The Bull Run River furnishes an extremely valuable 
        resource of pure clear raw potable water, and the Little Sandy 
        River could furnish additional high quality drinking water if 
        the current management unit were expanded to again protect 
        Federal lands within the Little Sandy River watershed upstream 
        from Aschoff Creek near Marmot.
            (4) The use of the purest water available is of great 
        importance in protecting citizens from diseases associated with 
        drinking water, and the city is fortunate to have a water 
        supply that can be protected from contamination by bacteria, 
        viruses, industrial waste, sewage, herbicides, pesticides, and 
        nuclear waste through restrictions on human entry into, and 
        human activities in, the Bull Run River and Little Sandy River 
        watersheds.
            (5) The current management unit is managed pursuant to the 
        provisions of Public Law 95-200 (91 Stat. 1425; 16 U.S.C. 482b 
        note), which does not fully address the present and future 
        needs and opportunities for the protection, management, and 
        utilization of the water resources contained in the current 
        management unit and nearby lands.
            (6) The city and the metropolitan area surrounding the city 
        are rapidly growing at a time when pure drinking water supplies 
        are becoming more difficult to locate and develop and when 
        health standards for drinking water are becoming increasingly 
        strict.
            (7) The water supply from the current management unit is 
        unfiltered and currently meets all legal criteria to remain 
        unfiltered and meets or exceeds all Federal and State drinking 
        water regulations.
            (8) The Bull Run River and Little Sandy River watersheds 
        constitute an urban water supply source unique in the country 
        for its purity and for its potential to retain that purity 
        through a system of watershed protection and restrictions on 
        human entry.
            (9) In 1909, the Oregon Legislature enacted Oregon Revised 
        Statute (ORS) 538.420, which provides that ``exclusive right to 
        the use of waters of Bull Run and Little Sandy River is granted 
        to the city of Portland.''
            (10) Because of the unique characteristics and value of the 
        current management unit to the city and the metropolitan area 
        surrounding the city, the principal management objective in an 
        expanded Bull Run Watershed Protection Unit should be the 
        continued and expanded production of pure clear raw potable 
        water.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Citizen advisory committee.--The term ``citizen 
        advisory committee'' means the citizen advisory committee 
        established pursuant to section 9 to monitor compliance with 
        the Act.
            (2) City.--The term ``city'' means the city of Portland, 
        Oregon.
            (3) Ecological integrity.--The term ``ecological 
        integrity'' means--
                    (A) the intricate linkages associated with natural 
                structure, function, and composition;
                    (B) the capacity for self-renewal in soil, water, 
                plants, and animals; and
                    (C) the resilience of an ecosystem or the ability 
                of an ecosystem to resist dramatic change and to 
                recover from dramatic change.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (5) Unit.--The term ``Unit'' means the Bull Run Watershed 
        Protection Unit in the Mt. Hood National Forest established 
        under section 4.
            (6) Water quality.--The term ``water quality'' means the 
        physical, chemical, and biological integrity of water.
            (7) Water quantity.--The term ``water quantity'' means that 
        volume of water produced, and the timing of water production, 
        in the Unit by various forms of precipitation (such as rain, 
        snow, and fog drip) interacting with the physical 
        characteristics of the land. The type, amount, distribution, 
        and timing of precipitation, as well as the land form, types 
        and distribution of any roads, vegetative cover, and soil type 
        influence the volume and timing of water flowing in Unit.

SEC. 4. ESTABLISHMENT OF THE BULL RUN WATERSHED PROTECTION UNIT.

    (a) Establishment of Unit.--
            (1) Establishment.--Subject to valid existing rights, there 
        is hereby established a special resources protection unit in 
        the State of Oregon to be known as the ``Bull Run Watershed 
        Protection Unit''.
            (2) Lands included.--The Unit shall consist of 
        approximately 108,000 acres of Federal and city lands that 
        are--
                    (A) included (or to be included) within the Mt. 
                Hood National Forest in the State of Oregon; and
                    (B) depicted on a map dated April ______, 1994, and 
                entitled ``Bull Run Watershed Protection Unit Mt. Hood 
                National Forest''.
            (3) Lands excluded.--Privately owned parcels of land 
        located within the boundaries of the Unit shall not be 
        considered a part of the Unit unless the lands are acquired by 
        the Secretary as provided in subsection (b) or (d).
    (b) Inclusion of Additional Lands.--
            (1) In general.--The Unit shall also include such other 
        lands as may be added to the Unit by the Secretary under the 
        authority of this subsection.
            (2) Initial study of potential expansion.--Not later than 
        one year after the date of the enactment of this Act, the 
        Secretary shall complete a study evaluating the expansion of 
        the Unit to provide additional buffers for the Bull Run River 
        and Little Sandy River watersheds from human and natural 
        disturbances. The Secretary shall prepare the study in 
        cooperation with the city.
            (3) Acquisition of additional lands.--Based upon the 
        results of the study required under paragraph (2), the 
        Secretary shall use the authority under paragraph (4) to 
        acquire additional lands for inclusion in the Unit to reflect 
        the conclusions reached in the study, except that the Secretary 
        is not required to expand the Unit to include land currently in 
        private ownership.
            (4) Methods of acquisition.--The Secretary may acquire (by 
        gift, exchange, purchase, or donation) non-Federal lands and 
        non-Federal interests in land within or contiguous with the 
        boundaries of the Unit for purposes of adding such lands or 
        interests in land to the Unit.
            (5) Condemnation prohibited.--The Secretary may not acquire 
        lands or interests in lands under paragraph (3) or subsection 
        (d) by condemnation proceedings.
    (c) Transfer of Jurisdiction of Certain BLM Lands.--Not later than 
90 days after the date of the enactment of this Act, the Secretary of 
the Interior shall transfer to the Secretary of Agriculture 
jurisdiction over those lands under the jurisdiction of the Bureau of 
Land Management that are depicted on the map referred to in subsection 
(a) as part of the Unit. The transfer of such lands shall be made 
without reimbursement. The Secretary shall protect and manage the 
transferred lands as part of the Unit in accordance with this Act and 
the laws and regulations pertaining to the National Forest System and 
shall adjust the boundaries of the Mt. Hood National Forest to include 
such lands.
    (d) Minor Enlargements of Unit.--The Secretary may from time to 
time make minor boundary enlargements to the Unit after consultation 
with the city and appropriate public notice and hearings.
    (e) Availability and Revision of Unit Map.--The map referred to in 
subsection (a) shall be kept on file and made available for public 
inspection in the Office of the Chief of the Forest Service, Department 
of Agriculture, the Office of the Regional Forester-Pacific Northwest 
Region of the Forest Service, and the Office of the Forest Supervisor 
of the Mt. Hood National Forest. Upon any enlargements of the Unit, the 
Secretary shall amend the map, within 30 days of such change, to 
reflect those changes and to describe accurately the new boundaries of 
the Unit.
    (f) Effect on Existing Management Unit.--The Bull Run Watershed 
Protection Unit established pursuant to subsection (a) shall supersede 
the special resources management unit established pursuant to section 1 
of Public Law 95-200 (91 Stat. 1425; 16 U.S.C. 482b note).

SEC. 5. PROTECTION OF UNIT.

    (a) Protection Generally.--The Secretary shall protect the Unit as 
a drinking water supply watershed of the National Forest System 
pursuant to the directions contained in this Act and in accordance with 
such laws and regulations applicable to National Forest System lands as 
are consistent with the directions contained in this Act.
    (b) Purposes of Protection and Management.--
            (1) Protection and maintenance of water quality and 
        quantity.--The Secretary shall at all times pursue the purposes 
        of protecting and maintaining the quality of water produced on 
        the Unit and maintaining and allowing the expansion of the 
        quantity of water from the Unit available for the use of the 
        city and other local government units and persons using such 
        water under agreements with the city.
            (2) Termination of adverse federal management practices.--
        If any management plan, practice, policy, use, or regulation of 
        the Federal Government with respect to the Unit is found by the 
        Secretary to have violated (or to have a significant potential 
        for violating) a water quality standard adopted pursuant to 
        subsection (e), then the Secretary shall alter or terminate 
        such management plan, practice, policy, use, or regulation (and 
        all relevant leases, permits, contracts, rights-of-way, or 
        other rights or authorizations issued pursuant to such plan, 
        practice, policy, use, or regulation) to eliminate such 
        violation or potential violation. The Secretary may undertake 
        an alteration or termination authorized by this paragraph 
        notwithstanding any other provision of law, except for the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). In 
        determining whether a violation or potential violation of a 
        water quality standard exists, the Secretary shall measure 
        water quality by using the water quality standards developed 
        pursuant to subsection (e) and, as required under subsection 
        (f)(2)(B), by using project monitoring. The Secretary shall 
        also take into consideration the cumulative effect of 
        individually insignificant impacts.
            (3) Existing energy production and transmission.--The 
        existing use of water in the Unit for the production of energy 
        and the existing transmission of energy through and over the 
        Unit may not be restricted by the Secretary. The rights-of-way 
        heretofore granted to the Bonneville Power Administration by 
        the Forest Service through and over the Unit and the permits 
        heretofore granted to the city by the Forest Service for power 
        production are validated and confirmed and deemed consistent 
        with the purposes specified in paragraph (1).
            (4) Restriction on new energy facilities.--Subject to valid 
        existing rights, the Unit is unavailable for the development or 
        operation of hydroelectric power facilities, except that the 
        development and operation of new hydroelectric facilities 
        associated with water facilities of the city shall be allowed 
        if the operation of such hydroelectric facilities would not 
        significantly degrade water quality in the Unit for drinking 
        water purposes and is consistent with the Federal Power Act (16 
        U.S.C. 791a et seq.) and the purposes specified in paragraph 
        (1).
    (c) Accomplishing Purposes.--In consultation with the city, the 
Secretary shall accomplish the purposes specified in subsection (b)(1) 
through--
            (1) the development, maintenance, and periodic revision of 
        a land protection plan or plans for the Unit, developed and 
        revised in accordance with procedures set forth in section 6 of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1604) and the special requirements of this Act;
            (2) the maintenance of systems for monitoring and 
        evaluating water quality in the Unit;
            (3) the restriction of human access to the Unit under rules 
        adopted by the Secretary under section 6; and
            (4) the support (in coordination with the city) of such 
        scientific research regarding the Unit and water quality and 
        water quantity in the Unit as the Secretary may consider to be 
        necessary.
    (d) Elements of Protection Plans.--
            (1) Pending development of plans.--Pending development of 
        the initial land protection plan required under subsection 
        (c)(1) for the Unit, the Secretary shall cease and prohibit any 
        activity in the Unit inconsistent with the provisions of this 
        Act.
            (2) Development required.--In the development and revision 
        of the land protection plan required under subsection (c)(1) 
        for the Unit, the Secretary shall--
                    (A) use an interdisciplinary team to prepare the 
                plan;
                    (B) consult and coordinate with appropriate 
                officials and advisers of the city and the citizen 
                advisory committee;
                    (C) use the best scientific information available;
                    (D) consider such data and research as the city may 
                collect through its own monitoring systems and 
                scientific efforts;
                    (E) provide for public participation; and
                    (F) embody draft and final plans in appropriate 
                written material, including maps and other descriptive 
                documents.
            (3) Minimum requirements.--The protection plan or plans 
        developed for the Unit shall be consistent with the provisions 
        of this Act and designed to accomplish the purposes specified 
        in subsection (b)(1). The plan shall include, at a minimum, a 
        prohibition on any management activities in the Unit unrelated 
        to the maintenance and enhancement of water quality or water 
        quantity and a prohibition on timber cutting and timber 
        management activities in the Unit unless such activities are 
        specifically permitted by other provisions of this Act. The 
        plan shall also include a prohibition on smoking in the Unit 
        and on the use of pesticides and herbicides in the Unit. The 
        plan shall also include a fire management plan designed to 
        eliminate, to the greatest extent possible, any human-caused 
        fire in the Unit and to immediately confine and suppress any 
        fire in the Unit or adjacent to the Unit.
    (e) Water Quality Standards.--
            (1) Purpose and inclusion of standards.--The protection 
        plan or plans developed for the Unit shall contain water 
        quality standards developed by the Secretary in consultation 
        with the city and the citizen advisory committee. The purpose 
        of the water quality standards shall be to allow monitoring and 
        evaluation of short-term and long-term changes to water 
        quality, to provide a basis upon which to document site-
        specific and cumulative impacts of past and current Federal 
        management activities, to determine natural sources of water 
        quality fluctuations, to determine the interaction of Federal 
        management activities and natural processes that affect water 
        quality, and to be responsive to changes in technology and 
        information on public health. The Secretary shall develop and 
        maintain the standards using the best available data and the 
        best practical water monitoring technology.
            (2) Minimum requirements.--At a minimum, the water quality 
        standards shall address all contaminants regulated under the 
        Safe Drinking Water Act (42 U.S.C. 300f et seq.) at their entry 
        into the distribution system and such other standards as are 
        required to maintain the water quality in the Unit at a level 
        at least equal to the quality reflected in data from a base 
        period to be selected by the city, after consultation with the 
        citizen advisory committee.
            (3) Monitoring.--In carrying out this subsection, the 
        Secretary shall compare current data to historical data (as 
        identified in paragraph (2)) at least annually for the purpose 
        of evaluating degradation of water quality and determining--
                    (A) compliance with the water quality standards 
                (unless the Safe Drinking Water Act calls for 
                monitoring less often than once a year for a particular 
                standard);
                    (B) the source and significance of any deviation 
                from such standards; and
                    (C) any changes to policies or programs required to 
                correct or forestall compliance problems.
            (4) Exclusion of certain deviations.--Any deviations from 
        water quality standards occurring solely due to natural 
        phenomena unrelated to and not interactive with past or current 
        Federal management activities, and any deviations occurring 
        from the operation, maintenance, alteration, or construction of 
        water storage or electrical generation and transmission 
        facilities, shall be excluded in determining compliance with 
        such standards and the policies or programs required to correct 
        or forestall compliance problems.
            (5) Revision.--The Secretary may revise the water quality 
        standards applicable to the Unit periodically to reflect 
        changes and additions in State and Federal drinking water 
        regulations or changes in conditions of, or knowledge about, 
        water quality in the Unit. Any revision shall be made in 
        consultation with the city and the citizen advisory committee.
    (f) Exceptions to Timber Cutting Prohibition.--
            (1) Timber management activities authorized.--
        Notwithstanding subsection (d)(3), the Secretary may permit 
        limited timber cutting or timber management activities in the 
        Unit under the following circumstances:
                    (A) Such minimum cutting or other timber management 
                activity that the Secretary determines is necessary for 
                the construction of new municipal water reservoirs or 
                other water supply facilities in the Unit, if the 
                proposals for such construction comply with all 
                applicable Federal environmental laws and are preceded 
                by the best practical water conservation program 
                available. The Secretary shall appoint, in consultation 
                with the city, a committee to determine whether a water 
                conservation program is the best practical program 
                available. The committee shall consist of Federal, 
                State, and city officials and representatives of 
                environmental groups with expertise regarding water 
                conservation.
                    (B) Such timber management activities that the 
                Secretary determines are the only effective method 
                available to protect water quality and quantity in the 
                Unit and have long-term benefits greater than any 
                short-term risks.
            (2) Manner of conducting activities.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a timber management activity permitted under 
                paragraph (1)(B) shall be carried out only by the 
                Forest Service without selling timber from the Unit.
                    (B) Extensive tree mortality.--If the director of 
                the Pacific Research Station of the Forest Service 
                finds that extensive tree mortality has occurred in the 
                Unit, which poses a catastrophic and long-term threat 
                to water quality in the Unit, a timber management 
                activity permitted under paragraph (1)(B) may be 
                contracted out by the Secretary to commercial entities 
                under terms and conditions acceptable to the city. The 
                director may make such a finding only after conducting 
                a scientifically credible review, including independent 
                peer review. The Secretary shall ensure, to the 
                greatest extent practicable, that the director 
                completes the review necessary to make such a finding 
                within six months of the occurrence of the tree 
                mortality subject to the review. If the Secretary 
                exercises the authority to contract out to commercial 
                entities any timber management activity permitted under 
                paragraph (1)(B), the Secretary shall obtain fair 
                market value payments from such entities for all timber 
                removed from the Unit under the contract and all 
                payments received by the Secretary for such timber 
                shall be deposited into the United States Treasury. The 
                Secretary shall ensure that project monitoring shall be 
                conducted for all such timber management activities.
            (3) Conditions.--All timber management activities permitted 
        under subparagraphs (A) or (B) of paragraph (1) shall be 
        carried out under standards and guidelines that are based on 
        the best available scientific information and are protective of 
        the ecological integrity and water quality and water quantity 
        of the Unit. Such activities shall be carried out only after 
        compliance with all Federal environmental laws. In the 
        development and implementation of such activities, the 
        Secretary shall provide for public participation, consult with 
        the citizen advisory committee, and obtain the approval of the 
        City Council of the city after appropriate public hearings.
    (g) Date of Completion.--The initial land protection plan required 
under subsection (c)(1) for the Unit shall be completed by the end of 
the two-year period beginning on the date of the enactment of this Act.

SEC. 6. ACCESS TO UNIT.

    (a) Restrictions on Access.--Access to the Unit shall be 
prohibited, except for those persons described in subsection (b). In 
consultation with the city, the Secretary shall issue regulations for 
controlling entry into the Unit by such persons.
    (b) Persons Allowed Access.--The persons referred to in subsection 
(a) who are authorized to enter the Unit are as follows:
            (1) Federal, State, and local government officers and 
        employees acting in an official capacity.
            (2) Federal, State, and local government permittees and 
        contractors conducting authorized activities, including 
        contractors of the city engaged in the inspection, maintenance, 
        construction, or improvement of facilities of the city in the 
        Unit.
            (3) Members of advisory groups formed pursuant to this Act, 
        the Federal Advisory Committee Act (5 U.S.C. App.), or 
        ordinances of the city in the performance of their official 
        duties.
            (4) Those persons authorized by the Lenart Acres Water 
        District to maintain and protect that community water system 
        located in the Unit in Township 2 South, Range 6 East, Section 
        15.
            (5) Those persons authorized by the Corbett Water District 
        to maintain and protect that municipal water system located in 
        the Unit in Township 1 North, Range 6 East, Sections 29, 30, 
        31, and 32, and Township 1 South, Range 6 East, Sections 5, 6, 
        and 7, and Township 1 South, Range 5 East Sections 1 and 12.
            (6) Persons on the Pacific Crest National Scenic Trail, the 
        spur trail to Buck Peak, Number 615, and Lost Lake Trail, 
        Number 656.
            (7) Persons conducting unobtrusive and observational 
        scientific research reviewed and authorized by the Secretary.
            (8) Persons who are authorized by the Secretary to enter 
        the Unit to accomplish the purposes specified in section 
        5(b)(1), to engage in the activities allowed under this Act, or 
        to protect the forest and the water resources of the Unit.
            (9) Such other persons if the Secretary, after consulting 
        with the citizen advisory committee, finds that they have a 
        legitimate interest in entering the Unit and that their 
        activities will not adversely affect accomplishment of the 
        purposes specified in section 5(b)(1).
    (c) Rule of Construction.--Subsection (a), and any regulation 
issued by the Secretary pursuant to such subsection, shall not prohibit 
ingress or egress--
            (1) to private inholdings located within the boundaries of 
        the Unit; or
            (2) to authorized occupancies on, or uses of, Federal 
        lands, which are in effect on the date of the enactment of this 
        Act.

SEC. 7. WITHDRAWAL.

    (a) Withdrawal.--Except as provided in subsection (b) and subject 
to valid existing rights, Federal lands in the Unit are hereby 
withdrawn from location, leasing, sale, entry, and patent under the 
mining laws of the United States, from the operation of the mineral 
leasing laws of the United States, and from operation of the Geothermal 
Steam Act of 1970 (30 U.S.C. 1001 et seq.).
    (b) Exception.--Nothing in subsection (a) shall prevent the 
Secretary from using mineral or aggregate resources of the Unit in the 
use and management of the Unit or prevent the city from using such 
resources for the construction of water facilities in the Unit, 
authorized under section 5(f)(1)(A), or for the construction or 
maintenance of roads in the Unit associated with city water facilities.

SEC. 8. COOPERATION BETWEEN THE SECRETARY AND THE CITY.

    (a) Annual Review.--Upon request by the city and at least annually, 
the Secretary shall meet with appropriate officials of the city for the 
purpose of reviewing planned management programs for the Unit and the 
impact of such programs on the quality and quantity of the water 
produced on the Unit and assuring that their respective management and 
operational activities within the Unit are appropriately coordinated. 
The Secretary shall negotiate in good faith cooperative agreements with 
appropriate officials of the city to effectuate activity coordination.
    (b) Arbitration Board.--
            (1) Conditions for establishment.--An arbitration board 
        shall be established pursuant to this subsection whenever 
        necessary for resolving such scientific or technical 
        disagreements as may arise between the city and the Secretary 
        with respect to--
                    (A) the development or revision of the water 
                quality standards provided for in section 5(e) and 
                compliance with such standards;
                    (B) the effect (or the significance of such effect) 
                of one or more proposed or existing programs, 
                practices, uses, or regulations on the water quantity 
                or water quality of the water produced on or available 
                to the city from the Unit;
                    (C) the necessity for an alteration or termination 
                of any policy, program, practice, use, or regulation 
                under section 5(b)(2); or
                    (D) the applicability of the exception to the 
                timber cutting prohibition provided in paragraph (1)(B) 
                of section 5(f) and the standards and guidelines 
                regarding such cutting provided in paragraphs (2) and 
                (3) of such section.
            (2) Appointment.--The Secretary and the city shall each 
        appoint one member to the board and those two members shall 
        select a third member. In the event agreement cannot be reached 
        on the third member within seven days after the appointment of 
        the first two members, the third member shall be appointed by 
        the presiding judge of the United States District Court for the 
        District of Oregon within seven days after being notified of 
        such disagreement by either of the first two members. All of 
        the members shall be qualified to make a scientific 
        determination of the facts in the case for which the board is 
        established.
            (3) Consideration.--The contentions of the city and the 
        Secretary shall be submitted to the board in the form of 
        written contentions of fact together with the evidence and 
        analysis that tends to support the position being presented. 
        The board may also provide for oral presentations or 
        examination, in its discretion, or at the request of either of 
        the parties. The board shall consider and decide, on a 
        scientific basis, the issues in disagreement by majority vote, 
        taking into consideration the evidence and data presented by 
        the parties and such other tests and data which the board by 
        majority vote may require.
            (4) Decision.--The decision of the board shall be in the 
        form of written findings of fact and conclusions based on such 
        findings of fact. The factual, technical, and scientific 
        findings and conclusions shall be final and binding on the 
        parties.
            (5) Compensation.--The Secretary and the city shall 
        compensate their designees and share equally the compensation 
        of the third member and shall provide such technical and 
        administrative support as required.
    (c) Effect on Other Legal Proceedings.--Nothing in this section 
shall deny to the city, the Secretary, or any other person the right to 
pursue legal disputes over the proper interpretation or implementation 
of this Act or any other Federal law in Federal court, except that, in 
any such case, the relevant factual, technical, and scientific findings 
and conclusions, if any, reached by the arbitration board shall be 
binding on the city and on the Secretary.

SEC. 9. CITIZEN ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary shall establish a citizen 
advisory committee to monitor compliance with this Act.
    (b) Appointment.--The members of the citizen advisory committee 
shall be appointed as follows:
            (1) One member appointed by each Senator from the State of 
        Oregon.
            (2) One member appointed by each Member of the House of 
        Representatives who represents any portion of the city.
            (3) Three members appointed by the City Council of the 
        city.
            (4) One member appointed by the governing body of Multnomah 
        County, Oregon.
            (5) One member appointed by the governing body of 
        Washington County, Oregon.
            (6) One member appointed by the Corbett Water District.
            (c) Chairperson.--The citizen advisory committee shall 
        annually select a chairperson from among its members.
    (d) Purpose of and Reporting by the Committee.--The purpose of the 
citizen advisory committee is to monitor the compliance with and 
enforcement of this Act and to report their findings from time to time 
and upon request to the persons or entities appointing members under 
subsection (b). The citizen advisory committee shall consult with and 
make recommendations to the Secretary, the Forest Service, and the City 
Council of the city on actions to ensure implementation of, and 
compliance with, this Act.
    (e) Cooperation.--The Secretary shall cooperate with the citizen 
advisory committee and shall make every effort to facilitate the 
performance by the citizen advisory committee of the functions 
described in subsection (d).

SEC. 10. EFFECT ON OTHER LAWS.

    (a) Savings Provision.--Nothing in this Act shall terminate or 
affect any lease, permit, contract, patent, right-of-way, or other land 
use right or authorization existing on the date of the enactment of 
this Act.
    (b) Tribal Rights.--Nothing in this Act shall affect or modify any 
treaty or other rights of any Indian tribe.
    (c) Water Rights.--Nothing in this Act shall in any way affect any 
law governing appropriation or use of, or Federal right to, water on 
National Forest System lands. Nothing in this Act 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 by community water systems.
    (d) Repeal of Current Management Law.--Public Law 95-200 (91 Stat. 
1425; 16 U.S.C. 482b), relating to the establishment and management of 
a special resources management unit within the Mt. Hood National Forest 
in the State of Oregon, is hereby repealed.
    (e) Preemption.--Except as otherwise provided for in this Act, 
within the Unit, this Act shall take precedence over and supersede all 
State and local laws dealing with land use planning and management, 
watershed planning and management, timber management, and water 
quality.

SEC. 11. CIVIL PENALTIES AND CITIZEN SUITS.

    (a) Civil Penalties.--
            (1) Violation of access restrictions.--Any person who 
        violates the restrictions on access to the Unit prescribed 
        pursuant to section 6(a) shall be liable to the United States 
        for a civil penalty assessed under paragraph (3) in an amount 
        not to exceed $1,000 for each violation.
            (2) Other violations.--Any person who violates any 
        prohibition or restriction imposed by this Act (other than 
        section 6(a)) or the protection plan for the Unit required by 
        section 5(c)(1) shall be liable to the United States for a 
        civil penalty assessed under paragraph (3) in an amount not to 
        exceed $10,000 for each violation.
            (3) Assessment.--A civil penalty payable under this 
        subsection may be assessed by the Secretary only on the record 
        after an opportunity for a hearing.
    (b) Citizen Suits.--Any person may commence a civil action--
            (1) against any person (including the United States and any 
        other governmental instrumentality or agency to the extent 
        permitted by the eleventh amendment to the Constitution) who is 
        alleged to be in violation of this Act or any standard, 
        regulation, condition, requirement, or order which has become 
        effective pursuant to this Act; or
            (2) against the Secretary where there is alleged to be a 
        failure of the Secretary to perform any act or duty under this 
        Act which is not discretionary with the Secretary.
    (c) Jurisdiction.--The district courts shall have jurisdiction, 
without regard to the amount in controversy or the citizenship of the 
parties, to enforce any provision of this Act (or any standard, 
regulation, condition, requirement, or order which has become effective 
pursuant to this Act) or to order the Secretary to perform any act or 
duty under this Act which is not discretionary with the Secretary, as 
the case may be, and to apply any appropriate civil penalties.
    (d) Notice.--No action may be commenced under subsection (b)(1) 
before the end of the 60-day period beginning on the date the Secretary 
and any alleged violator of any provision of this Act (or any standard, 
regulation, condition, requirement, or order which has become effective 
pursuant to this Act) receives notice of the alleged violation. No 
action may be commenced under subsection (b)(2) before the end of the 
60-day period beginning on the date the Secretary receives notice of 
the alleged failure, except that such action may be brought immediately 
after such notification if the plaintiff shows imminent irreparable 
harm to the forest environment, water quality, or water quantity of the 
Unit.
    (e) Venue; Intervention by Secretary.--Any action under subsection 
(b) may be brought in the judicial district for Oregon. In such an 
action under such subsection, the Secretary, if not a party, may 
intervene as a matter of right.
    (f) Litigation Costs.--In issuing any final order in any action 
brought pursuant to subsection (b), the court shall award costs of 
litigation (including reasonable attorney and expert witness fees) to 
any prevailing party. If a temporary restraining order or preliminary 
injunction is sought, the court may require a filing of a bond or 
equivalent security in accordance with the Federal Rules of Civil 
Procedure.
    (g) Statutory or Common Law Rights Not Restricted.--Nothing in this 
section shall restrict any right which any person (or class of persons) 
may have under any statute or common law to seek enforcement of any 
standard, regulation, condition, requirement, or order which has become 
effective pursuant to this Act or to seek any other relief.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary $1,000,000 
for fiscal year 1995 and each fiscal year thereafter--
            (1) for acquisition of lands for inclusion in the Unit;
            (2) for funding the activities of the citizen advisory 
        committee; and
            (3) to conduct monitoring of, and scientific research 
        regarding, water quality, water quantity, and forest conditions 
        in the Unit, including monitoring suggested by the Task Force 
        Final Report: Water Quality Monitoring in the Bull Run 
        Watershed, Oregon (July 19, 1989).

                                 <all>

HR 4063 IH----2
HR 4063 IH----3
```