II

Calendar No. 850

106TH CONGRESS

2D SESSION S. 2691

[Report No. 106–428]

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.

IN THE SENATE OF THE UNITED STATES

JUNE 7 (legislative day, JUNE 6), 2000

Mr. WYDEN (for himself and Mr. SMITH of Oregon) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

SEPTEMBER 28, (legislative day, SEPTEMBER 22), 2000

Reported by Mr. MURKOWSKI, with an amendment

[Insert the part printed in italic]

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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S 2691 RS

1 SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE

2 LITTLE SANDY RIVER WATERSHED IN THE

3 BULL RUN WATERSHED MANAGEMENT UNIT,

4 OREGON.

5 (a) IN GENERAL.—Public Law 95–200 (16 U.S.C.

6 482b note) is amended by striking section 1 and inserting

7 the following:

8 ‘‘SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES

9 MANAGEMENT UNIT; DEFINITION OF SEC10 RETARY.

11 ‘‘(a) ESTABLISHMENT.—

12 ‘‘(1) IN GENERAL.—There is established, sub13 ject to valid existing rights, a special resources man14 agement unit in the State of Oregon comprising ap15 proximately 98,272 acres, as depicted on a map

16 dated May 2000, and entitled ‘Bull Run Watershed

17 Management Unit’.

18 ‘‘(2) MAP.—The map described in paragraph

19 (1) shall be on file and available for public inspec20 tion in the offices of the Regional Forester-Pacific

21 Northwest Region, Forest Service, Department of

22 Agriculture, and in the offices of the State Director,

23 Bureau of Land Management, Department of the

24 Interior.

25 ‘‘(3) BOUNDARY ADJUSTMENTS.—Minor adjust26 ments in the boundaries of the unit may be made
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S 2691 RS

1 from time to time by the Secretary after consulta2 tion with the city and appropriate public notice and

3 hearings.

4 ‘‘(b) DEFINITION OF SECRETARY.—In this Act, the

5 term ‘Secretary’ means—

6 ‘‘(1) with respect to land administered by the

7 Secretary of Agriculture, the Secretary of Agri8 culture; and

9 ‘‘(2) with respect to land administered by the

10 Secretary of the Interior, the Secretary of the Inte11 rior.’’.

12 (b) CONFORMING AND TECHNICAL AMENDMENTS.—

13 (1) SECRETARY.—Public Law 95–200 (16

14 U.S.C. 482b note) is amended by striking ‘‘Sec15 retary of Agriculture’’ each place it appears (except

16 subsection (b) of section 1, as added by subsection

17 (a), and except in the amendments made by para18 graph (2)) and inserting ‘‘Secretary’’.

19 (2) APPLICABLE LAW.—

20 (A) IN GENERAL.—Section 2(a) of Public

21 Law 95–200 (16 U.S.C. 482b note) is amended

22 by striking ‘‘applicable to National Forest Sys23 tem lands’’ and inserting ‘‘applicable to Na24 tional Forest System land (in the case of land

25 administered by the Secretary of Agriculture)
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S 2691 RS

1 or applicable to land under the administrative

2 jurisdiction of the Bureau of Land Management

3 (in the case of land administered by the Sec4 retary of the Interior)’’.

5 (B) MANAGEMENT PLANS.—The first sen6 tence of section 2(c) of Public Law 95–200 (16

7 U.S.C. 482b note) is amended—

8 (i) by striking ‘‘subsection (a) and

9 (b)’’ and inserting ‘‘subsections (a) and

10 (b)’’; and

11 (ii) by striking ‘‘, through the mainte12 nance’’ and inserting ‘‘(in the case of land

13 administered by the Secretary of Agri14 culture) or section 202 of the Federal

15 Land Policy and Management Act of 1976

16 (43 U.S.C. 1712) (in the case of land ad17 ministered by the Secretary of the Inte18 rior), through the maintenance’’.

19 SEC. 2. MANAGEMENT.

20 (a) TIMBER HARVESTING RESTRICTIONS.—Section

21 2(b) of Public Law 95–200 (16 U.S.C. 482b note) is

22 amended by striking paragraph (1) and inserting the fol23 lowing:

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

25 the Secretary shall prohibit the cutting of trees on
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1 Federal land in the entire unit, as designated in sec2 tion 1 and depicted on the map referred to in that

3 section.’’.

4 (b) REPEAL OF MANAGEMENT EXCEPTION.—The

5 Oregon Resource Conservation Act of 1996 (division B of

6 Public Law 104–208) is amended by striking section 606

7 (110 Stat. 3009–543).

8 (c) REPEAL OF DUPLICATIVE ENACTMENT.—Section

9 1026 of division I of the Omnibus Parks and Public Lands

10 Management Act of 1996 (Public Law 104–333; 110 Stat.

11 4228) and the amendments made by that section are re12 pealed.

13 (d) WATER RIGHTS.—Nothing in this section

14 strengthens, diminishes, or has any other effect on water

15 rights held by any person or entity.

16 SEC. 3. LAND RECLASSIFICATION.

17 (a) Within six months of the date of enactment of this

18 Act, the Secretaries of Agriculture and Interior shall iden19 tify any Oregon and California Railroad lands (O&C

20 lands) subject to the distribution provision of the Act of Au21 gust 28, 1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C.

22 § 1181f) within the boundary of the special resources man23 agement area described in Section 1 of this Act.

24 (b) Interior shall identify public domain lands within

25 the Medford, Roseburg, Eugene, Salem and Coos Bay Dis-
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1 tricts and the Klamath Resource Area of the Lakeview Dis2 trict of the Bureau of Land Management approximately

3 equal in size and condition as those lands identified in

4 paragraph (a) but not subject to the distribution provision

5 of the Act of August 28, 1937 (chapter 876, title II, 50 Stat.

6 875; 43 U.S.C. § 1181f). For purposes of this paragraph,

7 ‘‘public domain lands’’ shall have the meaning given the

8 term ‘‘public lands’’ in Section 103 of the Federal Land

9 Policy and Management Act of 1976 (43 U.S.C. § 1702),

10 but excluding therefrom any lands managed pursuant to

11 the Act of August 28, 1937 (chapter 876, title II, 50 Stat.

12 875; 43 U.S.C. § 1181f).

13 (c) Within two years after the date of enactment of

14 this Act, the Secretary of the Interior shall submit to Con15 gress and publish in the Federal Register a map or maps

16 identifying those public domain lands pursuant to para17 graphs (a) and (b) of this Section. After an opportunity

18 for public comment, the Secretary of the Interior shall com19 plete an administrative land reclassification such that those

20 lands identified pursuant to paragraph (a) become public

21 domain lands not subject to the distribution provision of

22 the Act of August 28, 1937 (chapter 876, title II, 50 Stat.

23 875; 43 U.S.C. § 1181f) and those lands identified pursuant

24 to paragraph (b) become Oregon and California Railroad

25 lands (O&C lands) subject to the distribution provision of
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1 the Act of August 28, 1937 (chapter 876, title II, 50 Stat.

2 875; 43 U.S.C. § 1181f).

3 SEC. 4. ENVIRONMENTAL RESTORATION.

4 (a) IN GENERAL.—In order to further the purposes of

5 this Act, there is hereby authorized to be appropriated $10

6 million under the provisions of section 323 of the FY 1999

7 Interior Appropriations Act (P.L. 105–277) for Clackamas

8 County, Oregon, for watershed restoration near the Bull

9 Run Management Unit.

Calendar No. 850

106TH CONGRESS

2D SESSION S. 2691

[Report No. 106–428]

A BILL

To provide further protections for the watershed of

the Little Sandy River as part of the Bull RunWatershed Management Unit, Oregon, and forother purposes.

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment