presented by the parties and such other tests and
data which the board by majority vote may require.
(4) DECISION.—The decision of the board shall
be in the form of written findings of fact and conclu-
sions based on such findings of fact. The factual,
technical, and scientific findings and conclusions
shall be final and binding on the parties.
(5) COMPENSATION.—The Secretary and the
city shall compensate their designees and share
equally the compensation of the third member and
shall provide such technical and administrative sup-
port as required.
(c) EFFECT
ON OTHER LEGAL PROCEEDINGS.—
Nothing in this section shall deny to the city, the Sec-
retary, or any other person the right to pursue legal dis-
putes over the proper interpretation or implementation of
this Act or any other Federal law in Federal court, except
that, in any such case, the relevant factual, technical, and
scientific findings and conclusions, if any, reached by the
arbitration board shall be binding on the city and on the
Secretary.
SEC. 9. CITIZEN ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—The Secretary shall establish
a citizen advisory committee to monitor compliance with
this Act.
(b) APPOINTMENT.—The members of the citizen ad-
visory committee shall be appointed as follows:
(1) One member appointed by each Senator
from the State of Oregon.
(2) One member appointed by each Member of
the House of Representatives who represents any
portion of the city.
(3) Three members appointed by the City
Council of the city.
(4) One member appointed by the governing
body of Multnomah County, Oregon.
(5) One member appointed by the governing
body of Washington County, Oregon.
(6) One member appointed by the Corbett
Water District.
(c) CHAIRPERSON.—The citizen advisory com-
mittee shall annually select a chairperson from
among its members.
(d) PURPOSE OF AND REPORTING BY THE COMMIT-
TEE.—The purpose of the citizen advisory committee is
to monitor the compliance with and enforcement of this
Act and to report their findings from time to time and
upon request to the persons or entities appointing mem-
bers under subsection (b). The citizen advisory committee
shall consult with and make recommendations to the Sec-
retary, the Forest Service, and the City Council of the city
on actions to ensure implementation of, and compliance
with, this Act.
(e) COOPERATION.—The Secretary shall cooperate
with the citizen advisory committee and shall make every
effort to facilitate the performance by the citizen advisory
committee of the functions described in subsection (d).
SEC. 10. EFFECT ON OTHER LAWS.
(a) SAVINGS PROVISION.—Nothing in this Act shall
terminate or affect any lease, permit, contract, patent,
right-of-way, or other land use right or authorization ex-
isting on the date of the enactment of this Act.
(b) TRIBAL RIGHTS.—Nothing in this Act shall affect
or modify any treaty or other rights of any Indian tribe.
(c) WATER RIGHTS.—Nothing in this Act shall in
any way affect any law governing appropriation or use of,
or Federal right to, water on National Forest System
lands. Nothing in this Act shall be construed to expand
or diminish Federal, State, or local jurisdiction, respon-
sibility, interests, or rights in water resources development
or control, including rights in and current uses of water
resources in the Unit by community water systems.
(d) REPEAL
OF CURRENT MANAGEMENT LAW.—
Public Law 95–200 (91 Stat. 1425; 16 U.S.C. 482b), re-
lating to the establishment and management of a special
resources management unit within the Mt. Hood National
Forest in the State of Oregon, is hereby repealed.
(e) PREEMPTION.—Except as otherwise provided for
in this Act, within the Unit, this Act shall take precedence
over and supersede all State and local laws dealing with
land use planning and management, watershed planning
and management, timber management, and water quality.
SEC. 11. CIVIL PENALTIES AND CITIZEN SUITS.
(a) CIVIL PENALTIES.—
(1) VIOLATION
OF
ACCESS
RESTRICTIONS.—
Any person who violates the restrictions on access to
the Unit prescribed pursuant to section 6(a) shall be
liable to the United States for a civil penalty as-
sessed under paragraph (3) in an amount not to ex-
ceed $1,000 for each violation.
(2) OTHER VIOLATIONS.—Any person who vio-
lates any prohibition or restriction imposed by this
Act (other than section 6(a)) or the protection plan
for the Unit required by section 5(c)(1) shall be lia-
ble to the United States for a civil penalty assessed
under paragraph (3) in an amount not to exceed
$10,000 for each violation.
(3) ASSESSMENT.—A civil penalty payable
under this subsection may be assessed by the Sec-
retary only on the record after an opportunity for a
hearing.
(b) CITIZEN SUITS.—Any person may commence a
civil action—
(1) against any person (including the United
States and any other governmental instrumentality
or agency to the extent permitted by the eleventh
amendment to the Constitution) who is alleged to be
in violation of this Act or any standard, regulation,
condition, requirement, or order which has become
effective pursuant to this Act; or
(2) against the Secretary where there is alleged
to be a failure of the Secretary to perform any act
or duty under this Act which is not discretionary
with the Secretary.
(c) JURISDICTION.—The district courts shall have ju-
risdiction, without regard to the amount in controversy or
the citizenship of the parties, to enforce any provision of
this Act (or any standard, regulation, condition, require-
ment, or order which has become effective pursuant to this
Act) or to order the Secretary to perform any act or duty
under this Act which is not discretionary with the Sec-
retary, as the case may be, and to apply any appropriate
civil penalties.
(d) NOTICE.—No action may be commenced under
subsection (b)(1) before the end of the 60-day period be-
ginning on the date the Secretary and any alleged violator
of any provision of this Act (or any standard, regulation,
condition, requirement, or order which has become effec-
tive pursuant to this Act) receives notice of the alleged
violation. No action may be commenced under subsection
(b)(2) before the end of the 60-day period beginning on
the date the Secretary receives notice of the alleged fail-
ure, except that such action may be brought immediately
after such notification if the plaintiff shows imminent ir-
reparable harm to the forest environment, water quality,
or water quantity of the Unit.
(e) VENUE; INTERVENTION
BY SECRETARY.—Any
action under subsection (b) may be brought in the judicial
district for Oregon. In such an action under such sub-
section, the Secretary, if not a party, may intervene as
a matter of right.
(f) LITIGATION COSTS.—In issuing any final order
in any action brought pursuant to subsection (b), the court
shall award costs of litigation (including reasonable attor-
ney and expert witness fees) to any prevailing party. If
a temporary restraining order or preliminary injunction
is sought, the court may require a filing of a bond or
equivalent security in accordance with the Federal Rules
of Civil Procedure.
(g) STATUTORY OR COMMON LAW RIGHTS NOT RE-
STRICTED.—Nothing in this section shall restrict any
right which any person (or class of persons) may have
under any statute or common law to seek enforcement of
any standard, regulation, condition, requirement, or order
which has become effective pursuant to this Act or to seek
any other relief.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Sec-
retary $1,000,000 for fiscal year 1995 and each fiscal year
thereafter—
(1) for acquisition of lands for inclusion in the
Unit;
(2) for funding the activities of the citizen advi-
sory committee; and
(3) to conduct monitoring of, and scientific re-
search regarding, water quality, water quantity, and
forest conditions in the Unit, including monitoring
suggested by the Task Force Final Report: Water
Quality Monitoring in the Bull Run Watershed,
Oregon (July 19, 1989).
Æ
HR 4063 IH——2