II

105TH CONGRESS

1ST SESSION S. 200

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

JANUARY 23, 1997

Mrs. MURRAY (for herself and Mr. WYDEN) 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 that—

5 (1) the 50-mile Handford Reach is the last free6 flowing nontidal segment of the Columbia River in

7 the United States and has been preserved in a rel8 atively natural condition because of its location with9 in the Hanford Nuclear Reservation;
2

S 200 IS

1 (2) in 1988, Congress, in Public Law 100–605

2 (102 Stat. 3043), called for an analysis of protection

3 alternatives for the Hanford Reach and a report to

4 Congress by the Secretary of the Interior, who con5 cluded in the Hanford Reach Final Environmental

6 Impact Statement dated June 1994 that the Han7 ford Reach should be designated as a recreational

8 river under the Wild and Scenic Rivers Act;

9 (3) the Hanford Reach is a vital migration cor10 ridor for anadromous fish and contains some of the

11 most productive spawning areas in the Northwest

12 United States, producing an estimated 80 percent of

13 the Columbia Basin’s fall chinook salmon and

14 healthy runs of naturally spawning steelhead trout,

15 sturgeon, and other highly valued fish species;

16 (4) the Hanford Reach provides important habi17 tat for wintering and migrating waterfowl, bald ea18 gles, deer, elk, and a diversity of other wildlife, in19 cluding numerous Federal and State-listed threat20 ened and endangered plant and animal species, some

21 of which are found nowhere else;

22 (5) the White Bluffs and pristine conditions of

23 the Hanford Reach offer scenic beauty, opportunities
3

S 200 IS

1 for solitude, and recreation, including hunting, fish2 ing, boating, hiking, swimming, and wildlife observa3 tion, in close proximity to the Tri-Cities area of the

4 State of Washington;

5 (6) the Hanford Reach and its salmon runs

6 have been important to mid-Columbia Native Ameri7 cans for subsistence, cultural, and religious purposes

8 for more than 10,000 years, and there are 150 reg9 istered archaeological sites in the area;

10 (7) the southern shore of the Hanford Reach

11 chronicles the history of the Manhattan Project, de12 fense nuclear production during the cold war, and

13 early Euro-American settlement of the area;

14 (8) the White Bluffs and adjacent shoreline

15 areas are a significant paleontological resource and

16 are rich with fossils remains from the Pliocene pe17 riod;

18 (9) protection of the Hanford Reach as a na19 tional wild and scenic river can enhance local reve20 nues from outdoor recreation and increase economic

21 investment in the Tri-Cities area by highlighting the

22 quality of life and natural amenities of the area;

23 (10) economic activities along the river corridor

24 in existence on the date of enactment of this Act,
4

S 200 IS

1 such as agriculture, power production and trans2 mission, and water withdrawal, are compatible with

3 the recreational classification of the river, and the

4 classification made by this Act cannot be changed

5 except by a subsequent Act of Congress;

6 (11) designation of the Hanford Reach as a

7 wild and scenic river can facilitate, and make less

8 costly, the remediation of contaminated areas of the

9 Hanford Nuclear Reservation by determining future

10 land use within the river corridor and helping to en11 sure the Federal commitment to the cleanup of the

12 Hanford Site;

13 (12) the Hanford Reach has special significance

14 as an outdoor laboratory and classroom and offers

15 a singular opportunity for government agencies,

16 tribes, and community organizations to develop a

17 partnership around an education and interpretation

18 program focused on the area’s unique natural and

19 human history;

20 (13) the Columbia River shore immediately

21 downstream of the Hanford Reach in the Tri-Cities

22 area currently contains miles of high, steep levees

23 which create a sterile gauntlet through which mi24 grating anadromous fish must pass, and that flow
5

S 200 IS

1 controls on the Columbia River have reduced the

2 need for levees of this height;

3 (14) modifying levees in the Tri-Cities area

4 could significantly improve the habitat value of this

5 transition area to the Hanford Reach for fish and

6 wildlife, decrease mortality of migratory fish and wa7 terfowl, and have the additional benefits of improv8 ing rivershore access, recreation, and aesthetics; and

9 (15) local jurisdictions in the Tri-Cities area

10 have expressed interest in a partnership with the

11 Army Corps of Engineers and other agencies to

12 study rivershore restoration in the Tri-Cities area

13 and develop a plan of action.

14 SEC. 2. PURPOSES.

15 The purposes of this Act are—

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

17 recreational resources of the Hanford Reach of the

18 Columbia River;

19 (2) to encourage education and interpretation

20 of the Hanford Reach; and

21 (3) to restore and enhance the natural habitat

22 of the rivershore immediately downstream of the

23 Hanford Reach in the vicinity of the Tri-Cities area

24 of the State of Washington.
6

S 200 IS

1 SEC. 3. COLUMBIA RIVER NATIONAL WILD AND SCENIC

2 RIVER.

3 Section 3(a) of the Wild and Scenic Rivers Act (16

4 U.S.C. 1274(a)) is amended by adding at the end the fol5 lowing:

6 ‘‘( ) HANFORD REACH, COLUMBIA RIVER, WASH7 INGTON.—The river segment from river mile 346.5 to

8 river mile 396, Hanford Reach, Columbia River, Washing9 ton, as a recreational river, subject to the following:

10 ‘‘(A) NO PRIVATELY OWNED LAND.—Only

11 public land adjacent to the river segment, and

12 no privately owned land, may be included in the

13 river segment.

14 ‘‘(B) MANAGEMENT.—

15 ‘‘(i) IN GENERAL.—The Secretary of

16 the Interior shall manage the river seg17 ment as a recreational river in accordance

18 with the National Wildlife Refuge System

19 Administration Act of 1996 (16 U.S.C.

20 668dd et seq.), this Act, and other applica21 ble law.

22 ‘‘(ii) RULE OF CONSTRUCTION.—

23 Nothing in this Act or any other law au24 thorizes the Secretary of the Interior or

25 any other governmental officer to alter the
7

S 200 IS

1 classification of the river segment as a rec2 reational river.

3 ‘‘(C) DEVELOPMENT OF PLAN.—In devel4 oping and periodically revising a plan for the

5 management of the river segment, the Secretary

6 of the Interior shall—

7 ‘‘(i) consult with—

8 ‘‘(I) affected Indian tribes;

9 ‘‘(II) the State of Washington;

10 ‘‘(III) the Secretary of Energy;

11 ‘‘(IV) governments of local juris12 dictions adjacent to the river segment;

13 and

14 ‘‘(V) and advisory council com15 posed of the chairperson of the county

16 commissions for Benton County,

17 Franklin County, and Grant County,

18 Washington, and four citizens selected

19 by the Governor of Washington from

20 those counties to represent environ21 mental, recreational, cultural, and

22 other stakeholder interests;

23 ‘‘(ii) provide opportunity for public

24 participation;
8

S 200 IS

1 ‘‘(iii) develop a strategy for acquiring

2 private land in the area defined by the ap3 plicable environmental impact statement by

4 purchase, conservation easement, lease, or

5 donation on a willing-seller basis only;

6 ‘‘(iv) recognize recreation as an out7 standingly remarkable value of the des8 ignated area and give recreation a high

9 management priority, along with protection

10 of natural, cultural, and scenic resources;

11 ‘‘(v) coordinate and cooperate with

12 State, local, and tribal governments and

13 other entities in the development and im14 plementation of educational and interpre15 tive programs related to the Hanford

16 Reach; and

17 ‘‘(vi) determine how—

18 ‘‘(I) a Hanford Reach edu19 cational and interpretive center with

20 appropriate exhibit, conference, and

21 support facilities can be constructed

22 or be incorporated into a compatible

23 community facility;

24 ‘‘(II) interpretive education ef25 forts can be coordinated with local
9

S 200 IS

1 governments and public school dis2 tricts in the region; and

3 ‘‘(III) recreational tourism ef4 forts associated with the Hanford

5 Reach can be coordinated through a

6 community-based visitor and conven7 tion bureau.

8 ‘‘(D) ACCESS CORRIDORS.—Access cor9 ridors in existence on the date of enactment of

10 this paragraph shall be retained.

11 ‘‘(E) RULES OF CONSTRUCTION.—The des12 ignation of the river segment shall not be con13 strued as—

14 ‘‘(i) prohibiting or approving relicens15 ing of any hydroelectric facility by the Fed16 eral Energy Regulatory Commission;

17 ‘‘(ii) affecting any law, agreement,

18 plan, or policy in effect on the date of en19 actment of this paragraph regarding water

20 rights or instream flows on the river seg21 ment;

22 ‘‘(iii) prohibiting the operation or

23 maintenance of any energy, transmission,
10

S 200 IS

1 water intake, or water outfall facility in ex2 istence on the date of enactment of this

3 paragraph;

4 ‘‘(iv) prohibiting the modification, re5 pair, or replacement of any energy, trans6 mission, water intake, or water outfall fa7 cility so long as there is no substantial im8 pact on the natural, cultural, or scenic re9 sources of the river segment and adjacent

10 land area;

11 ‘‘(v) establishing or imposing remedi12 ation requirements more restrictive than

13 those that would apply but for this para14 graph;

15 ‘‘(vi) prohibiting construction of tem16 porary facilities essential to the remedi17 ation and restoration of contaminated

18 areas within the viewshed of the river seg19 ment; or

20 ‘‘(vii) relieving the Secretary of En21 ergy from any obligation or other liability

22 at the Hanford Nuclear Reservation under

23 the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of

25 1980 (42 U.S.C. 9601 et seq.), the Solid
11

S 200 IS

1 Waste Disposal Act (42 U.S.C. 6901 et

2 seq.), and other applicable law or imposing

3 any such obligation or other liability on the

4 Secretary of the Interior.

5 ‘‘(F) RIVERSHORE RESTORATION AND EN6 HANCEMENT.—The Secretary of the Army, act7 ing through the Chief of Engineers of the Army

8 Corps of Engineers, in cooperation and coordi9 nation with the heads of other relevant Federal

10 agencies and State and local governments, shall

11 develop a comprehensive plan of improvement

12 for restoration and enhancement of fish and

13 wildlife habitat, recreation, river access, and

14 overall aesthetics of the levees and other

15 rivershore areas downstream of the river seg16 ment in the Tri-Cities area of the State of

17 Washington.

18 ‘‘(G) SECTION 1135 PROJECTS.—The Sec19 retary of the Army, acting through the Chief of

20 Engineers of the Army Corps of Engineers—

21 ‘‘(i) subject to receipt of a statement

22 of interest from the non-Federal interests

23 for the following projects, shall, not later

24 than 180 days after the date of enactment

25 of this paragraph, complete a preliminary
12

S 200 IS

1 restoration plan under section 1135 of the

2 Water Resources Development Act of 1986

3 (33 U.S.C. 2309a) for each of—

4 ‘‘(I) a portion of the rivershore of

5 Clover Island and a portion of the

6 levee immediately upstream of Clover

7 Island;

8 ‘‘(II) the rivershore immediately

9 upstream of the portion described in

10 subclause (I) in the city of Kennewick,

11 Washington, to United States Route

12 395 bridge;

13 ‘‘(III) the levee modified in 1994

14 between road 39 and the United

15 States Route 395 bridge in Franklin

16 County, Washington; and

17 ‘‘(IV) the levee between the Unit18 ed States Route 395 bridge to the

19 area immediately downstream of the

20 10th Avenue bridge in the city of

21 Pasco, Washington;

22 ‘‘(ii) shall consider each of the

23 projects described in subclauses (I), (II),

24 (III), and (IV) of clause (i) to be a sepa25 rate project for purposes of the program
13

S 200 IS

1 under section 1135 of the Water Resources

2 Development Act of 1986 (33 U.S.C.

3 2309a); and

4 ‘‘(iii) subject to receipt of necessary

5 commitments from the non-Federal inter6 ests for the projects, shall, not later than

7 18 months after the date of enactment of

8 this paragraph, complete a project modi9 fication report for each of the projects.’’.

Æ