(7) WATER
QUANTITY.—The term ‘‘water
quantity’’ means that volume of water produced, and
the timing of water production, in the Unit by var-
ious forms of precipitation (such as rain, snow, and
fog drip) interacting with the physical characteristics
of the land. The type, amount, distribution, and tim-
ing 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 Or-
egon; and
(B) depicted on a map dated April lll,
1994, and entitled ‘‘Bull Run Watershed Pro-
tection Unit Mt. Hood National Forest’’.
(3) LANDS EXCLUDED.—Privately owned par-
cels of land located within the boundaries of the
Unit shall not be considered a part of the Unit un-
less the lands are acquired by the Secretary as pro-
vided 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
EXPAN-
SION.—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 pro-
vide additional buffers for the Bull Run River and
Little Sandy River watersheds from human and nat-
ural 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 cur-
rently in private ownership.
(4) METHODS OF ACQUISITION.—The Secretary
may acquire (by gift, exchange, purchase, or dona-
tion) 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 Sec-
retary may not acquire lands or interests in lands
under paragraph (3) or subsection (d) by condemna-
tion proceedings.
(c) TRANSFER OF JURISDICTION OF CERTAIN BLM
LANDS.—Not later than 90 days after the date of the en-
actment 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 Sec-
retary 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 Sec-
retary may from time to time make minor boundary en-
largements 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 Agri-
culture, the Office of the Regional Forester-Pacific North-
west 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
MANAGE-
MENT.—
(1) PROTECTION AND MAINTENANCE OF WATER
QUALITY AND QUANTITY.—The Secretary shall at all
times pursue the purposes of protecting and main-
taining 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 per-
sons using such water under agreements with the
city.
(2) TERMINATION OF ADVERSE FEDERAL MAN-
AGEMENT
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 Sec-
retary shall alter or terminate such management
plan, practice, policy, use, or regulation (and all rel-
evant 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 termi-
nation authorized by this paragraph notwithstanding
any other provision of law, except for the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.).
In determining whether a violation or potential viola-
tion of a water quality standard exists, the Secretary
shall measure water quality by using the water qual-
ity 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 indi-
vidually 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
(D) consider such data and research as the
city may collect through its own monitoring sys-
tems and scientific efforts;
(E) provide for public participation; and
(F) embody draft and final plans in appro-
priate written material, including maps and
other descriptive documents.
(3) MINIMUM REQUIREMENTS.—The protection
plan or plans developed for the Unit shall be consist-
ent 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 pro-
hibition 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 per-
mitted 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 manage-
ment plan designed to eliminate, to the greatest ex-
tent 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
STAND-
ARDS.—The protection plan or plans developed for
the Unit shall contain water quality standards devel-
oped by the Secretary in consultation with the city
and the citizen advisory committee. The purpose of
the water quality standards shall be to allow mon-
itoring and evaluation of short-term and long-term
changes to water quality, to provide a basis upon
which to document site-specific and cumulative im-
pacts of past and current Federal management ac-
tivities, to determine natural sources of water qual-
ity fluctuations, to determine the interaction of Fed-
eral 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 con-
taminants 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 commit-
tee.
(3) MONITORING.—In carrying out this sub-
section, the Secretary shall compare current data to
historical data (as identified in paragraph (2)) at
least annually for the purpose of evaluating degrada-
tion 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 de-
viation from such standards; and
(C) any changes to policies or programs re-
quired to correct or forestall compliance prob-
lems.
(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 manage-
ment activities, and any deviations occurring from
the operation, maintenance, alteration, or construc-
tion of water storage or electrical generation and
transmission facilities, shall be excluded in determin-
ing compliance with such standards and the policies
or programs required to correct or forestall compli-
ance problems.
(5) REVISION.—The Secretary may revise the
water quality standards applicable to the Unit peri-
odically 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 consulta-
tion with the city and the citizen advisory commit-
tee.
(f) EXCEPTIONS
TO TIMBER CUTTING PROHIBI-
TION.—
(1) TIMBER MANAGEMENT ACTIVITIES AUTHOR-
IZED.—Notwithstanding subsection (d)(3), the Sec-
retary may permit limited timber cutting or timber
management activities in the Unit under the follow-
ing circumstances:
(A) Such minimum cutting or other timber
management activity that the Secretary deter-
mines is necessary for the construction of new
municipal water reservoirs or other water sup-
ply 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 pro-
gram available. The Secretary shall appoint, in
consultation with the city, a committee to deter-
mine whether a water conservation program is
the best practical program available. The com-
mittee shall consist of Federal, State, and city
officials and representatives of environmental
groups with expertise regarding water conserva-
tion.
(B) Such timber management activities
that the Secretary determines are the only ef-
fective 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 activ-
ity 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 mortal-
ity has occurred in the Unit, which poses a cat-
astrophic and long-term threat to water quality
in the Unit, a timber management activity per-
mitted under paragraph (1)(B) may be con-
tracted out by the Secretary to commercial enti-
ties under terms and conditions acceptable to
the city. The director may make such a finding
only after conducting a scientifically credible re-
view, including independent peer review. The
Secretary shall ensure, to the greatest extent
practicable, that the director completes the re-
view necessary to make such a finding within
six months of the occurrence of the tree mortal-
ity subject to the review. If the Secretary exer-
cises the authority to contract out to commer-
cial entities any timber management activity
permitted under paragraph (1)(B), the Sec-
retary 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 mon-
itoring shall be conducted for all such timber
management activities.
(3) CONDITIONS.—All timber management ac-
tivities 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 eco-
logical integrity and water quality and water quan-
tity 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 com-
mittee, and obtain the approval of the City Council
of the city after appropriate public hearings.
(g) DATE OF COMPLETION.—The initial land protec-
tion plan required under subsection (c)(1) for the Unit
shall be completed by the end of the two-year period begin-
ning 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 re-
ferred to in subsection (a) who are authorized to enter
the Unit are as follows:
(1) Federal, State, and local government offi-
cers and employees acting in an official capacity.
(2) Federal, State, and local government per-
mittees and contractors conducting authorized activi-
ties, including contractors of the city engaged in the
inspection, maintenance, construction, or improve-
ment of facilities of the city in the Unit.
(3) Members of advisory groups formed pursu-
ant to this Act, the Federal Advisory Committee Act
(5 U.S.C. App.), or ordinances of the city in the per-
formance 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 munici-
pal 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 Sec-
tions 1 and 12.
(6) Persons on the Pacific Crest National Sce-
nic Trail, the spur trail to Buck Peak, Number 615,
and Lost Lake Trail, Number 656.
(7) Persons conducting unobtrusive and obser-
vational scientific research reviewed and authorized
by the Secretary.
(8) Persons who are authorized by the Sec-
retary to enter the Unit to accomplish the purposes
specified in section 5(b)(1), to engage in the activi-
ties 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 af-
fect accomplishment of the purposes specified in sec-
tion 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 re-
sources 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 main-
tenance 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 appro-
priate officials of the city for the purpose of reviewing
planned management programs for the Unit and the im-
pact of such programs on the quality and quantity of the
water produced on the Unit and assuring that their re-
spective management and operational activities within the
Unit are appropriately coordinated. The Secretary shall
negotiate in good faith cooperative agreements with appro-
priate officials of the city to effectuate activity coordina-
tion.
(b) ARBITRATION BOARD.—
(1) CONDITIONS FOR ESTABLISHMENT.—An ar-
bitration board shall be established pursuant to this
subsection whenever necessary for resolving such sci-
entific or technical disagreements as may arise be-
tween 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 pro-
grams, 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 ter-
mination 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 para-
graph (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 dis-
agreement 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 to-
gether 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 par-
ties. The board shall consider and decide, on a sci-
entific basis, the issues in disagreement by majority
vote, taking into consideration the evidence and data