SEC. 5. GENERAL AUTHORITY; PROPERTY DESCRIPTIONS.
(a) AUTHORITY.—As soon as practicable after the
date of the enactment of this Act, the Secretary for no
consideration shall convey to the governmental entities re-
ferred to in subsection (c) all right, title, and interest of
the United States in and to the properties described in
subsection (c).
(b) ENVIRONMENTAL
SAFETY.—The conveyance
made under subsection (c) shall be made only after the
Administrator of the Environmental Protection Agency
certifies to the Secretary that—
(1) the properties described in section 5(c) are
clean of hazardous, toxic, or radioactive materials or
substances;
(2) all corrective, remedial, or response actions
have been completed; and
(3) all obligations of the Secretary at the Han-
ford Site under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) and other applicable laws
have been fulfilled.
(c) CONVEYANCE TO THE STATE OF WASHINGTON.—
The Secretary shall convey to the State of Washington the
property that consists of the portion of the Hanford Site
that runs along both banks of the Columbia River and
lies within the one quarter mile to the north of the mean
high water mark on the north bank of the Columbia River,
and that lies within the one quarter mile to the south of
the mean high water mark on the south bank of the Co-
lumbia River.
(d) WATER RIGHTS AND UTILITY EASEMENTS.—The
conveyances under subsection (c) shall be made subject to
all existing water rights and all easements and rights of
any public and private utility districts which operate and
maintain transmission and generation facilities along the
lands described under section 5.
SEC. 6. DESIGNATION OF THE HANFORD REACH CORRIDOR.
Upon passage of this Act, the lands conveyed under
section 5(c) and the Columbia River corridor adjacent to
such lands shall be referred to the ‘‘Hanford Reach Na-
tional Salmon Preserve and Recreational Area.’’
SEC. 7. ESTABLISHMENT OF HANFORD REACH PROTEC-
TION AND MANAGEMENT COMMISSION.
Not later than 6 months after the conveyances under
section 5(b)(1) are made, the Department of Energy and
the State of Washington shall enter into a written joint
agreement with the governments of Benton, Franklin, and
Grant Counties to establish the Hanford Reach Protection
and Management Commission as follows:
(1) MEMBERSHIP
APPOINTMENT.—The Com-
mission shall be composed of 9 members. As soon as
practicable, but not more than 6 months after the
date of the enactment of this Act, the members shall
be appointed as follows:
(A) LOCAL PANEL.—
(i) One member who shall be a resi-
dent of Benton County, appointed by the
government of such county.
(ii) One member who shall be a resi-
dent of Franklin County, appointed by the
government of such county.
(iii) One member who shall be a resi-
dent of Grant County, appointed by the
government of such county.
(B) STATE PANEL.—Three members who
shall each be residents of the State of Wash-
ington, appointed by the Governor of the State
of Washington.
(C) FEDERAL PANEL.—
(i) One Member who shall be a resi-
dent of the State of Washington, appointed
by the Secretary of Energy.
(ii) One member who shall be a resi-
dent of the State of Washington, appointed
by the Secretary of the Interior.
(iii) One member who shall be a resi-
dent of the State of Washington, appointed
by the Bureau of Indian Affairs.
(2) VOTING
REQUIREMENTS.—Each issue be-
fore the Commission shall be deemed approved only
if a majority of each panel has voiced approval.
(3) NONVOTING
MEMBERS.—The Commission
should seek the advice and technical expertise from
state and Federal agencies, public utility districts,
irrigators, academics, biologists, and others, on mat-
ters before the Commission.
(4) TERMS
OF
OFFICE.—The length of the
terms of office of the members appointed under
paragraph (1) shall not exceed 4 years. Terms shall
be staggered within each panel.
(5) VACANCY.—Any vacancy that may occur
prior to the expiration of a member’s term shall be
filled for the balance of such term by appointment
made by the entity which appointed the vacating
member.
(6) ESTABLISHMENT OF COMMISSION AUTHOR-
ITY.—As soon as practicable after the appointment
of a majority of the members of the Commission,
such members shall be authorized to convene meet-
ings of the Commission and to adopt rules and pro-
visions governing the administration, voting, meet-
ing, terms of service, and finances of the Commis-
sion. The first meeting shall be held no later than
1 year from the date of the establishment of the
Commission.
(7) DEVELOPMENT OF HANFORD REACH PRO-
TECTION AND MANAGEMENT PLAN.—
(A) The primary duty of the Commission
shall be to develop and implement a plan to
manage the lands conveyed pursuant to section
5(c) consistent with the purposes of this Act.
(B) From the date the conveyances under
section 5(c) are made until such time as a per-
manent protection and management plan is ap-
proved by the Commission, the lands conveyed
pursuant to such section shall be managed
under an interim management plan approved by
the governments of Benton, Franklin, and
Grant Counties, which shall be consistent with
the purposes of this Act.
(8) USE
OF
FEDERAL
RESOURCES
AUTHOR-
IZED.—The Secretary of the Interior may enter into
agreements with the State of Washington and the
governments of Benton, Franklin, and Grant Coun-
ties to allow the utilization of personnel, and the
provision of technical and financial assistance from
the United States Fish and Wildlife Service to assist
the county governments in the administration and
management of the lands transferred under this Act.
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