Recreation Plan or of the Oregon Watershed En-
hancement Board’s Acquisitions program, interests 
in land, including easements, for the purposes of 
bike, pedestrian trails, parks, fish and wildlife habi-
tat, conservation projects, and ecological restoration, 
including aquatic ecological restoration along the 
Willamette River and its tributaries; 
(11) design of park and recreation and con-
servation projects, including the mapping, data col-
lection, engineering, analysis of biology, hydrology 
and soils, and other technical evaluation; 
(12) outreach to demonstrate the value of co-
ordination and collaboration among communities 
pursuing common objectives along the length of the 
Willamette River; and 
(13) outreach to interested and affected com-
munities to solicit involvement in and to explain the 
projects authorized by this Act. 
(c) SPECIFIC ELIGIBLE GRANT PROJECTS.—Exam-
ples of grants that may be considered for these purposes 
include the following: 
(1) South Waterfront Greenway in Portland. 
(2) Salem Downtown Parks Connections Con-
version. 
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(3) Willamette River national heritage area 
study to be conducted by National Park Service. 
(4) Wilsonville Park to Boat Works Park pedes-
trian-bike bridge. 
(d) LIMITATIONS.—Funds made available through 
grants made under this Act may not be used— 
(1) to support regulatory actions or mitigation 
thereof; or 
(2) for operations and maintenance costs. 
(e) MATCHING REQUIREMENTS.—Projects funded 
with grants made under this Act shall have Federal, State, 
Tribal, regional, local, or private funding commitment 
based on grant authorization matching requirements of 
the Oregon Parks and Recreation Department or the Or-
egon Watershed Enhancement Board. Grants made under 
this Act for implementation shall require at least a 35 per-
cent match from grantees. In-kind service may qualify as 
fulfillment of the 35 percent matching requirement and 
special consideration may be given to communities that 
can demonstrate local capacity building. The Oregon 
Parks and Recreation Department or Oregon Watershed 
Enhancement Board may issue a rule by which the re-
quirement under this subsection may be waived in whole 
or in part for land acquisition. 
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(f) COOPERATIVE AGREEMENT.—Oregon Parks and 
Recreation Department and Oregon Watershed Enhance-
ment Board shall enter into a cooperative agreement to 
eliminate redundancy and enhance coordination to admin-
ister the grant program authorized by this section. 
SEC. 6. PRIVATE PROPERTY PROTECTION AND LACK OF 
REGULATORY EFFECT. 
(a) RECOGNITION
OF
AUTHORITY
TO
CONTROL 
LAND USE.—Nothing in this Act modifies any authority 
of Federal, State, or local governments to regulate land 
use. 
(b) VOLUNTARY PARTICIPATION OF PRIVATE PROP-
ERTY OWNERS ONLY.—Nothing in this Act requires the 
owner of any private property located in the Willamette 
Basin to participate in the land conservation, financial, or 
technical assistance or any other programs established 
under this Act. 
(c) PURCHASE OF LAND OR INTERESTS IN LAND 
FROM WILLING SELLERS ONLY.—Funds appropriated to 
carry out this Act may be used to purchase land or inter-
ests in land only from willing sellers. 
(d) ACCESS TO PRIVATE PROPERTY OF PARTICI-
PATING LANDOWNERS.—Private property landowners vol-
untarily participating in this Act shall permit access (in-
cluding Federal, State, or local government access) to 
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their property, at times agreeable to the landowner, to im-
plement, inspect, monitor, or perform repairs or mainte-
nance to projects funded under this Act. 
(e) LIABILITY.—Nothing in this Act creates any li-
ability, or has any effect on liability under any other law, 
of a private property owner voluntarily participating in 
this Act with respect to any persons injured on the private 
property. 
SEC. 7. TRIBAL RIGHTS AND INTERESTS. 
Nothing in this Act creates, alters, adjusts, or dimin-
ishes any treaty right or other right or interest of any 
Indian tribal government. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to the Sec-
retary $10,000,000 for each of fiscal years 2009 through 
2018, to remain available until expended. Of this amount 
$100,000 shall be available in each fiscal year to Oregon’s 
Department of Environmental Quality for reducing 
sources of pollution in the Willamette River. Of the re-
mainder, the Secretary shall distribute 50 percent to the 
Oregon Parks and Recreation Department and 50 percent 
to the Oregon Watershed Enhancement Board to carry 
out this Act. 
(b) 
ADMINISTRATIVE
COSTS.—In 
addition 
to 
amounts authorized under subsection (a), there is author-
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ized to be appropriated such funds as may be necessary 
for the Oregon Parks and Recreation Department and the 
Oregon Watershed Enhancement Board to administer the 
grant program. 
SEC. 9. AGENCY PARTNERSHIP AUTHORIZATION. 
Federal agencies with administrative jurisdiction over 
natural resources or parks of the United States, such as 
the National Marine Fisheries Service, the Department of 
the Interior, the Forest Service, United States Fish and 
Wildlife Service, United States Geologic Service, Natural 
Resources Conservation Service, Environmental Protec-
tion Agency, and the Army Corps of Engineers may— 
(1) use funds not otherwise obligated to pro-
vide— 
(A) technical and financial assistance, en-
gineering and hydrology studies, and other as-
sistance to the grant programs of the Oregon 
Watershed Enhancement Board and the Oregon 
Parks and Recreation Department when a pri-
vate investment has been identified and private 
funds committed to that project; and 
(B) financial assistance to Willamette 
River restoration, recreation, heritage and tour-
ism efforts if the private or public partner can 
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