II

106TH CONGRESS

1ST SESSION S. 715

To amend the Wild and Scenic Rivers Act to designate a portion of the

Columbia River as a recreational river, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 25, 1999

Mrs. MURRAY (for herself, Mr. WYDEN, and Mr. BAUCUS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To amend the Wild and Scenic Rivers Act to designate

a portion of the Columbia River as a recreational river,

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,

3 SECTION 1. FINDINGS.

4 Congress finds the following:

5 (1) The 50-mile Hanford Reach—

6 (A) is the last free-flowing nontidal seg7 ment of the Columbia River in the United

8 States; and
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1 (B) has been preserved in a relatively nat2 ural condition because of its location within the

3 Hanford Nuclear Reservation.

4 (2) Public Law 100–605 (102 Stat. 3043) re5 quired an analysis of protection alternatives for the

6 Hanford Reach and a report to Congress by the Sec7 retary of the Interior, who concluded in the Hanford

8 Reach Final Environmental Impact Statement dated

9 June 1994 that the Hanford Reach should be des10 ignated as a recreational river under the Wild and

11 Scenic Rivers Act (16 U.S.C. 1271 et seq.).

12 (3) The Hanford Reach is a vital migration cor13 ridor for anadromous fish and contains some of the

14 most productive spawning areas in the Northwest

15 United States, producing an estimated 80 percent of

16 the Columbia Basin’s fall chinook salmon and

17 healthy runs of naturally spawning steelhead trout,

18 sturgeon, and other highly valued fish species.

19 (4) The Hanford Reach provides important

20 habitat for wintering and migrating wildlife, includ21 ing waterfowl, bald eagles, deer, elk, and numerous

22 Federal and State-listed threatened and endangered

23 plant and animal species, some of which are found

24 nowhere else.
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1 (5) The shoreline area known as White Bluffs

2 and the pristine conditions of the Hanford Reach

3 offer scenic beauty and opportunities for solitude

4 and recreation, including hunting, fishing, boating,

5 hiking, swimming, and wildlife observation, in close

6 proximity to the cites of Richland, Pasco, and

7 Kennewick, Washington.

8 (6) The Hanford Reach and its salmon runs

9 have been important to mid-Columbia Native Ameri10 cans for subsistence, cultural, and religious purposes

11 for more than 10,000 years, and there are 150 reg12 istered archaeological sites in the area.

13 (7) The southern shore of the Hanford Reach

14 chronicles the history of—

15 (A) the Manhattan Project;

16 (B) defense nuclear production during the

17 cold war; and

18 (C) early Euro-American settlement of the

19 area.

20 (8) The White Bluffs and adjacent shoreline

21 areas are significant paleontological resources and

22 rich with fossilized remains from the Pliocene pe23 riod.

24 (9) Protection of the Hanford Reach as a com25 ponent of the national wild and scenic rivers system
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1 could enhance local revenues from outdoor recreation

2 and increase economic investment in the cites of

3 Richland, Pasco, and Kennewick, Washington, by

4 highlighting the quality of life and natural amenities

5 of the area.

6 (10) Economic activities along the river corridor

7 in existence on the date of enactment of this Act,

8 such as agriculture, power production and trans9 mission, and water withdrawal, are compatible with

10 the designation of the Hanford Reach as a rec11 reational river under the Wild and Scenic Rivers Act

12 (16 U.S.C. 1271 et seq.).

13 (11) Designation of the Hanford Reach as a

14 recreational river under such Act cannot be changed

15 except by a subsequent Act of Congress.

16 (12) Designation of the Hanford Reach as a

17 recreational river under such Act can facilitate, and

18 make less costly, the remediation of contaminated

19 areas of the Hanford Nuclear Reservation by—

20 (A) establishing future land use within the

21 river corridor; and

22 (B) helping to ensure the Federal commit23 ment to the cleanup of the Hanford Site.

24 (13) The Hanford Reach has special signifi25 cance as an outdoor laboratory and classroom and
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1 offers a singular opportunity for government agen2 cies, Indian tribes, and community organizations to

3 develop a partnership around an education and in4 terpretation program focused on the area’s unique

5 natural and human history.

6 SEC. 2. PURPOSES.

7 The purposes of this Act are—

8 (1) to protect the natural, cultural, scenic, and

9 recreational resources of the Hanford Reach of the

10 Columbia River by designating the Hanford Reach

11 as a recreational river under the Wild and Scenic

12 Rivers Act (16 U.S.C. 1271 et seq.);

13 (2) to encourage education and interpretation

14 of the Hanford Reach; and

15 (3) to protect the land adjacent to the Hanford

16 Reach.

17 SEC. 3. DESIGNATION OF THE HANFORD REACH OF THE

18 COLUMBIA RIVER AS A RECREATIONAL

19 RIVER UNDER THE WILD AND SCENIC RIVERS

20 ACT.

21 (a) DESIGNATION.—Section 3(a) of the Wild and

22 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add23 ing at the end the following:

24 ‘‘(160) HANFORD REACH, COLUMBIA RIVER, WASH25 INGTON.—Subject to section 3A, the river segment from
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1 river mile 346.5 to river mile 396 of the Hanford Reach

2 of the Columbia River, Washington, as a recreational

3 river.’’.

4 (b) SPECIAL REQUIREMENTS.—The Wild and Scenic

5 Rivers Act is amended by inserting after section 3 (16

6 U.S.C. 1274) the following:

7 ‘‘SEC. 3A. SPECIAL REQUIREMENTS APPLICABLE TO HAN8 FORD REACH, COLUMBIA RIVER, WASH9 INGTON.

10 ‘‘(a) DEFINITION.—In this section, the term ‘Han11 ford Reach recreational river’ means the river segment of

12 the Hanford Reach of the Columbia River, Washington,

13 designated as a recreational river by section 3(a)(160).

14 ‘‘(b) MANAGEMENT.—The Secretary of the Interior

15 shall manage the Hanford Reach recreational river as a

16 recreational river in accordance with this Act, the National

17 Wildlife Refuge System Administration Act of 1966 (16

18 U.S.C. 668dd et seq.), and other applicable law.

19 ‘‘(c) PROHIBITION ON ALTERATION OF DESIGNA20 TION.—Nothing in this Act or any other law authorizes

21 the Secretary of the Interior or any other governmental

22 officer to alter the designation of the Hanford Reach rec23 reational river as a recreational river under this Act.

24 ‘‘(d) MANAGEMENT PLAN COMMISSION.—
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1 ‘‘(1) MEMBERSHIP.—There shall be a 15-mem2 ber management commission for the Hanford Reach

3 recreational river, which shall be comprised of rep4 resentatives of each of the following:

5 ‘‘(A) The Department of the Interior, the

6 Department of Commerce, and the Department

7 of Energy.

8 ‘‘(B) The Department of Fish and Wild9 life, the Department of Ecology, and the De10 partment of Community, Trade, and Economic

11 Development of the State of Washington.

12 ‘‘(C) The Washington counties of Benton,

13 Franklin, and Grant.

14 ‘‘(D) Certain Indian tribes in the State of

15 Washington, including the Umatilla Indian

16 tribe, the Nez Perce Indian tribe, and the

17 Yakama Nation.

18 ‘‘(E) Members of the public interested in

19 conservation, recreation, and business.

20 ‘‘(2) APPOINTMENT.—Members of the manage21 ment commission described in paragraph (1)(E)

22 shall be—

23 ‘‘(A) nominated by persons residing in the

24 vicinity of the Hanford Reach recreational river;

25 and
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1 ‘‘(B) appointed by the Governor of Wash2 ington.

3 ‘‘(3) SUPERMAJORITY REQUIREMENT.—All

4 Commission decisions shall be adopted with a vote of

5 at least 10 of the members of the Commission.

6 ‘‘(e) DEVELOPMENT OF MANAGEMENT PLAN.—The

7 management commission shall be responsible for devel8 oping the management plan for the Hanford Reach rec9 reational river. In developing and periodically revising the

10 plan, the management commission shall—

11 ‘‘(1) provide opportunity for public participa12 tion;

13 ‘‘(2) recognize recreation as an outstandingly

14 remarkable value of the Hanford Reach recreational

15 river and give recreation a high management pri16 ority, along with protection of natural, cultural, and

17 scenic resources;

18 ‘‘(3) coordinate and cooperate with State, local,

19 and tribal governments, public school districts, and

20 other entities in the development and implementa21 tion of educational and interpretive programs related

22 to the Hanford Reach recreational river;

23 ‘‘(4) determine how an educational and inter24 pretive center for the Hanford Reach recreational

25 river, with appropriate exhibit, conference, and sup-
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1 port facilities, can be constructed or incorporated

2 into a compatible community facility; and

3 ‘‘(5) determine how recreational tourism efforts

4 associated with the Hanford Reach recreational river

5 can be coordinated through a community-based vis6 itor and convention bureau.

7 ‘‘(f) PROHIBITION ON INCLUSION OF PRIVATELY

8 OWNED LAND.—

9 ‘‘(1) PROHIBITION.—Except as provided in

10 paragraph (2), only public land adjacent to the Han11 ford Reach recreational river, and no privately

12 owned land, may be included in the Hanford Reach

13 recreational river.

14 ‘‘(2) LIMITED ACQUISITION AUTHORITY.—As

15 part of the management plan for the Hanford Reach

16 recreational river, the management commission shall

17 develop a strategy for acquiring private land, by pur18 chase, conservation easement, lease, or donation,

19 from persons willing to convey private land in the

20 area defined by the applicable environmental impact

21 statement.

22 ‘‘(g) RELATIONSHIP TO ACCESS CORRIDORS.—Ac23 cess corridors for the Hanford Reach recreational river in

24 existence on the date of enactment of this section shall

25 be retained.
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1 ‘‘(h) RELATIONSHIP TO OTHER LAWS AND AUTHORI2 TIES.—The designation of the Hanford Reach recreational

3 river shall not—

4 ‘‘(1) prohibit or approve relicensing of any hy5 droelectric facility by the Federal Energy Regulatory

6 Commission;

7 ‘‘(2) affect any law, agreement, plan, or policy

8 in effect on the date of enactment of this section re9 garding water rights or instream flows on the des10 ignated river segment;

11 ‘‘(3) prohibit the operation or maintenance of

12 any energy, transmission, water intake, or water

13 outfall facility in existence on the date of enactment

14 of this section;

15 ‘‘(4) prohibit the modification, repair, or re16 placement of any energy, transmission, water intake,

17 or water outfall facility so long as there is no sub18 stantial impact on the natural, cultural, or scenic re19 sources of the Hanford Reach recreational river and

20 adjacent land area;

21 ‘‘(5) establish or impose remediation require22 ments more restrictive than those that would apply

23 but for the designation;

24 ‘‘(6) prohibit construction of temporary facili25 ties necessary for the remediation and restoration of
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1 contaminated areas within the view shed of the Han2 ford Reach recreational river; or

3 ‘‘(7) relieve the Secretary of Energy from any

4 obligation or other liability at the Hanford Nuclear

5 Reservation under the Comprehensive Environ6 mental Response, Compensation, and Liability Act

7 of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste

8 Disposal Act (42 U.S.C. 6901 et seq.), and other ap9 plicable law imposing any similar obligation or other

10 liability on the Secretary of the Interior.

11 ‘‘(i) RIVERSHORE RESTORATION AND ENHANCE12 MENT.—The Secretary of the Army, acting through the

13 Chief of Engineers of the Army Corps of Engineers, in

14 cooperation and coordination with the heads of other rel15 evant Federal agencies and State and local governments,

16 shall develop a comprehensive plan of improvement for the

17 levees and other rivershore areas downstream of the Han18 ford Reach recreational river in the vicinity of the cites

19 of Richland, Pasco, and Kennewick, Washington,

20 including—

21 ‘‘(1) restoration and enhancement of fish and

22 wildlife habitat;

23 ‘‘(2) recreation;

24 ‘‘(3) river access; and

25 ‘‘(4) overall aesthetics.’’.
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1 (c) EXISTING UNDESIGNATED PARAGRAPHS; RE2 MOVAL OF DUPLICATION.—Section 3(a) of the Wild and

3 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended—

4 (1) by striking the first undesignated paragraph

5 after paragraph (156), relating to Elkhorn Creek,

6 Oregon; and

7 (2) by designating the three remaining undesig8 nated paragraphs after paragraph (156) as para9 graphs (157), (158), and (159), respectively.

10 SEC. 4. CONSOLIDATION OF BUREAU OF LAND MANAGE11 MENT HOLDINGS, HANFORD NUCLEAR RES12 ERVATION.

13 (a) STUDY OF EXCHANGE OPTIONS.—The Secretary

14 of the Interior and the Secretary of Energy shall—

15 (1) study the consolidation of parcels of land

16 administered by the Bureau of Land Management

17 on the Hanford Nuclear Reservation; and

18 (2) prepare to exchange lands on completion of

19 documents required under the National Environ20 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

21 (b) OBJECTIVES.—The objectives of the land ex22 change under subsection (a) shall be—

23 (1) to clear title to parcels of land along the

24 railroad in the southeast corner of the Hanford Nu-
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1 clear Reservation and in the area known as the ‘‘200

2 Area’’ for industrial development;

3 (2) to protect wildlife and native plants; and

4 (3) to preserve cultural sites important to Na5 tive Americans.

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