H. R. 4236—136
(8) All funding recommendations developed by the Working
Group shall be based on a consensus of the Working Group
members.
(c) PUBLIC NOTICE AND PARTICIPATION.—The Working Group
shall conduct all meetings subject to applicable open meeting and
public participation laws. The activities of the Working Group and
the Federal agencies pursuant to the provisions of this title are
exempt from the provisions of title 5, United States Code, Appendix
2, sections 1–15.
(d) PRIORITIES.—The Working Group shall give priority to
voluntary market-based economic incentives for ecosystem restora-
tion including, but not limited to, water leases and purchases;
land leases and purchases; tradable discharge permits; and acquisi-
tion of timber, grazing, and land development rights to implement
plans, programs, measures, and projects.
(e) TERMS AND VACANCIES.—Members of the Working Group
representing governmental agencies or entities shall be named by
the represented government. Members of the Working Group rep-
resenting private interests shall be named in accordance with the
articles of incorporation and bylaws of the Working Group. Rep-
resentatives from Federal agencies will serve for terms of 3 years.
Vacancies which occur for any reason after the date of enactment
of this title shall be filled in accordance with this title.
(f) ADDITIONAL PROJECTS.—Where existing authority and appro-
priations 
permit, 
Federal 
agencies 
may 
contribute 
to 
the
implementation of projects recommended by the Working Group
and approved by the Secretary.
(g) RIGHTS, DUTIES
AND
AUTHORITIES
UNAFFECTED.—The
Working Group will supplement, rather than replace, existing
efforts to manage the natural resources of the Deschutes Basin.
Nothing in this title affects any legal right, duty or authority
of any person or agency, including any member of the Working
Group.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this title $1,000,000 for each of
fiscal years 1997 through 2001.
SEC. 1026. BULL RUN PROTECTION.—
(a) AMENDMENTS TO PUBLIC LAW 95–200.—
(1) The first sentence of section 2(a) of the Public Law
95–200 is amended by striking ‘‘2(b)’’ and inserting in lieu
thereof ‘‘2(c)’’.
(2) The first sentence of section 2(b) of Public Law 95–
200 is amended after ‘‘the policy set forth in subsection (a)’’
by inserting ‘‘and (b)’’.
(3) Subsections (b), (c), (d), and (e) of section 2 of Public
Law 95–200 are redesignated as subsections (c), (d), (e), and
(f), respectively.
(4) Section 2 of Public Law 95–200 is amended by inserting
after subsection (a) the following new subsection:
‘‘(b) TIMBER CUTTING.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary
of Agriculture shall prohibit the cutting of trees in that part
of the unit consisting of the hydrographic boundary of the
Bull Run River Drainage, including certain lands within the
unit and located below the headworks of the city of Portland,
Oregon’s water storage and delivery project, and as depicted
H. R. 4236—137
in a map dated July 22, 1996, and entitled ‘Bull Run River
Drainage’.
‘‘(2) PERMITTED CUTTING.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary of Agriculture shall prohibit the cutting of trees
in the area described in subparagraph (1).
‘‘(B) PERMITTED
CUTTING.—Subject to subparagraph
(C), the Secretary may only allow the cutting of trees
in the area described in subparagraph (1)—
‘‘(i) for the protection or enhancement of water
quality in the area described in subparagraph (1); or
‘‘(ii) for the protection, enhancement, or mainte-
nance of water quantity available from the area
described in subparagraph (1); or
‘‘(iii) for the construction, expansion, protection
or maintenance of municipal water supply facilities;
or
‘‘(iv) for the construction, expansion, protection or
maintenance of facilities for the transmission of energy
through and over the unit or previously authorized
hydroelectric facilities or hydroelectric projects associ-
ated with municipal water supply facilities.
‘‘(C) SALVAGE
SALES.—The Secretary of Agriculture
may not authorize a salvage sale in the area described
in subparagraph (1).’’.
(b) REPORT TO CONGRESS.—The Secretary of Agriculture shall,
in consultation with the city of Portland and other affected parties
undertake a study of that part of the Little Sandy Watershed
that is within the unit (hereinafter referred to as the ‘‘study area’’).
The study shall determine—
(1) the impact of management activities within the study
area on the quality of drinking water provided to the Portland
Metropolitan area;
(2) the identity and location of certain ecological features
within the study area, including late successional forest
characteristics, aquatic and terrestrial wildlife habitat, signifi-
cant hydrological values, or other outstanding natural features;
and
(3) the location and extent of any significant cultural or
other values within the study area.
(c) RECOMMENDATIONS.—The study referred to in subsection
(b) shall include both legislative and regulatory recommendations
to Congress on the future management of the study area. In formu-
lating such recommendations, the Secretary shall consult with the
City of Portland and other affected parties.
(d) EXISTING DATA AND PROCESSES.—To the greatest extent
possible, the Secretary shall use exiting data and processes to
carry out the study and report.
(e) SUBMISSION TO CONGRESS.—The study referred to in sub-
section (b) shall be submitted to the Senate Committees on Energy
and Natural Resources and Agriculture and the House Committees
on Resources and Agriculture not later than one year from the
date of enactment of this section.
(f) MORATORIUM.—The Secretary is prohibited from advertising,
offering or awarding any timber sale within the study area for
a period of two years after the date of enactment of this section.
H. R. 4236—138
(g) WATER RIGHTS.—Nothing in this section shall in any way
affect any State or Federal law governing appropriation, use of
or Federal right to water on or flowing through National Forest
System lands. Nothing in this section is intended to influence
the relative strength of competing claims to the waters of the
Little Sandy River. Nothing in this section shall be construed to
expand 
or 
diminish 
Federal, 
State, 
or 
local 
jurisdiction,
responsibility, interests, or rights in water resources development
or control, including rights in and current uses of water resources
in the unit.
(h) OTHER
LANDS
IN
UNIT.—Lands within the Bull Run
Management Unit, as defined in Public Law 95–200, but not
contained within the Bull Run River Drainage, as described in
the amendment made by subsection (a)(4) of this section and as
depicted on the map dated July 22, 1996, and entitled ‘‘Bull Run
River Drainage’’, shall continue to be managed in accordance with
Public Law 95–200.
SEC. 1027. OREGON ISLANDS WILDERNESS, ADDITIONS.
(a) DESIGNATION.—In furtherance of the purposes of the Wilder-
ness Act of 1964, certain lands within the boundaries of the Oregon
Islands National Wildlife Refuge, Oregon, comprising approximately
95 acres and as generally depicted on a map entitled ‘‘Oregon
Island Wilderness Additions—Proposed’’ dated August 1996, are
hereby designated as wilderness. The map shall be on file and
available for public inspection in the offices of the Fish and Wildlife
Service, Department of Interior.
(b) OTHER AREAS WITHIN REFUGE BOUNDARIES.—All other
federally-owned named, unnamed, surveyed and unsurveyed rocks,
reefs, islets and islands lying within three geographic miles off
the coast of Oregon and above mean high tide, not currently des-
ignated as wilderness and also within the Oregon Islands National
Wildlife Refuge boundaries under the administration of the United
States Fish and Wildlife Service, Department of Interior, as des-
ignated by Executive Order 7035, Proclamation 2416, Public Land
Orders 4395, 4475 and 6287, and Public Laws 91–504 and 95–
450, are hereby designated as wilderness.
(c) AREAS UNDER BLM JURISDICTION.—All federally-owned
named, unnamed, surveyed and unsurveyed rocks, reefs, islets and
islands lying within three geographic miles off the coast of Oregon
and above mean high tide, and presently under the jurisdiction
of the Bureau of Land Management, except Chiefs Islands, are
hereby designated as wilderness, shall become part of the Oregon
Islands National Wildlife Refuge and the Oregon Islands Wilderness
and shall be under the jurisdiction of the United States Fish and
Wildlife Service, Department of the Interior.
(d) MAP AND DESCRIPTION.—As soon as practicable after this
Act takes effect, a map of the wilderness area and a description
of its boundaries shall be filed with the Senate Committee on
Energy and Natural Resources and the House Committee on
Resources, and such map shall have the same force and effect
as if included in this section: Provided however, That correcting
clerical and typographical errors in the map and land descriptions
may be made.
(e) ORDER 6287.—Public Land Order 6287 of June 16, 1982,
which withdrew certain rocks, reefs, islets, and islands lying within
three geographical miles off the coast of Oregon and above mean
H. R. 4236—139
high tide, including the 95 acres described in subsection (a), as
an addition to the Oregon Islands National Wildlife Refuge is hereby
made permanent.
SEC. 1028. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND
DIRECTION.
(a) IN
GENERAL.—The Secretaries of the Interior and
Agriculture (Secretaries) are hereby authorized and directed to
consult, coordinate and cooperate with the Umpqua Land Exchange
Project (ULEP), affected units and agencies of State and local
government, and, as appropriate, the World Forestry Center and
National Fish and Wildlife Foundation, to assist ULEP’s ongoing
efforts in studying and analyzing land exchange opportunities in
the Umpqua River basin and to provide scientific, technical,
research, mapping and other assistance and information to such
entities. Such consultation, coordination and cooperation shall at
a minimum include, but not be limited to—
(1) working with ULEP to develop or assemble comprehen-
sive scientific and other information (including comprehensive
and integrated mapping) concerning the Umpqua River basin’s
resources of forest, plants, wildlife, fisheries (anadromous and
other), recreational opportunities, wetlands, riparian habitat
and other physical or natural resources;
(2) working with ULEP to identify general or specific areas
within the basin where land exchanges could promote consolida-
tion of forestland ownership for long-term, sustained timber
production; protection and restoration of habitat for plants,
fish and wildlife (including any federally listed threatened or
endangered species); protection of drinking water supplies;
recovery of threatened and endangered species; protection and
restoration of wetlands, riparian lands and other environ-
mentally sensitive areas; consolidation of land ownership for
improved public access and a broad array of recreational uses;
and consolidation of land ownership to achieve management
efficiency and reduced costs of administration; and
(3) developing a joint report for submission to the Congress
which discusses land exchange opportunities in the basin and
outlines either a specific land exchange proposal or proposals
which may merit consideration by the Secretaries or the
Congress, or ideas and recommendations for new authoriza-
tions, direction, or changes in existing law or policy to expedite
and facilitate the consummation of beneficial land exchanges
in the basin via administrative means.
(b) MATTERS FOR SPECIFIC STUDY.—In analyzing land exchange
opportunities with ULEP, the Secretaries shall give priority to
assisting ULEP’s ongoing efforts in:
(1) studying, identifying, and mapping areas where the
consolidation of land ownership via land exchanges could
promote the goals of long term species and watershed protection
and utilization, including but not limited to the goals of the
Endangered Species Act of 1973 more effectively than current
land ownership patterns and whether any changes in law or
policy applicable to such lands after consummation of an ex-
change would be advisable or necessary to achieve such goals;
(2) studying, identifying and mapping areas where land
exchanges might be utilized to better satisfy the goals of
sustainable timber harvest, including studying whether changes