[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4449 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4449
To amend the Wild and Scenic Rivers Act to designate certain river
segments in the State of Oregon as components of the National Wild and
Scenic Rivers System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2024
Mr. Wyden (for himself and Mr. Merkley) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Wild and Scenic Rivers Act to designate certain river
segments in the State of Oregon as components of the National Wild and
Scenic Rivers System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``River Democracy Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered segment.--The term ``covered segment'' means a
river segment designated by this Act or an amendment made by
this Act.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
a covered segment under the jurisdiction of the
Secretary of the Interior; and
(B) the Secretary of Agriculture, with respect to a
covered segment under the jurisdiction of the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of Oregon.
SEC. 3. ADMINISTRATION OF COMPONENTS OF THE NATIONAL WILD AND SCENIC
RIVERS SYSTEM.
Section 10 of the Wild and Scenic Rivers Act (16 U.S.C. 1281) is
amended by striking subsection (e) and inserting the following:
``(e) Cooperative Agreements.--The head of the Federal agency
responsible for the administration of a component of the National Wild
and Scenic Rivers System--
``(1) may enter into a written cooperative agreement with a
Tribal Government, the Governor of a State, the head of any
State agency, or the appropriate official of a political
subdivision of a State to provide for Tribal, State, or local
governmental participation in the administration of the
component; and
``(2) shall encourage Indian Tribes, States, and political
subdivisions of States to cooperate in the planning and
administration of components of the National Wild and Scenic
Rivers System that include or adjoin land owned by the Indian
Tribe, State, or a political subdivision of the State or land
held in trust for the Indian Tribe, as applicable.''.
SEC. 4. ADMINISTRATION OF COVERED SEGMENTS.
(a) Comprehensive Management Plan for Covered Segments.--
(1) In general.--Not later than the end of the first fiscal
year beginning after the date of enactment of this Act, the
Secretary concerned shall publish an implementation plan for
each covered segment that--
(A) describes a schedule for completing the
comprehensive river management plan for the covered
segment; and
(B) notwithstanding section 3(d) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(d)), requires that--
(i) the date for initiating the
comprehensive river management plan for the
covered segment under the schedule published
under subparagraph (A) shall be the earlier
of--
(I) the date of the initiation of
the next applicable plan revision; and
(II) the end of the 10th full
fiscal year beginning after the date of
enactment of this Act; and
(ii) the date for completing the
comprehensive river management plan for the
covered segment under the schedule published
under subparagraph (A) shall be not later than
5 years after the initiation date described in
clause (i).
(2) Reducing catastrophic wildfire risks.--As part of the
development of a comprehensive management plan under paragraph
(1) or the updating of such a plan, the Secretary concerned, in
a manner consistent with the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.), shall--
(A) assess with respect to the applicable covered
segment--
(i) the probable risk of uncharacteristic
wildfires degrading river values;
(ii) the risk of wildfires to public
safety;
(iii) the need for non-native or invasive
species removal, including the removal of--
(I) western juniper;
(II) noxious weeds; or
(III) other non-native or invasive
species, as determined by the Secretary
concerned to be ecologically
appropriate;
(iv) the adequacy of existing evacuation
routes for communities located near the
applicable covered segment; and
(v) the role of fire in meeting long-term
resource management objectives, including the
protection and enhancement of outstandingly
remarkable values and water quality;
(B) determine the appropriate use of prescribed
fire to meet long-term resource management objectives;
and
(C) identifies, evaluates, and prioritizes
treatments and other management activities that can be
implemented on the Federal land covered by the wildfire
assessment under subparagraph (A) (other than Federal
land designated as a component of the National
Wilderness Preservation System) to mitigate wildfire
risk to communities located near the applicable Federal
land.
(3) Wildland fire treatments.--The Secretary concerned, in
a manner consistent with the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.), shall continue to reduce the risk of
wildland fire in riparian areas of covered segments as part of
an integrated approach to reducing hazardous fuels at the
landscape level.
(4) Culturally significant native species management.--On
request of an applicable Indian Tribe, as part of the
development of a comprehensive management plan under paragraph
(1) or the updating of such a plan, the Secretary concerned, in
a manner consistent with section 3 of the Wild and Scenic
Rivers Act (16 U.S.C. 1274), shall--
(A) assess culturally significant native species,
including traditional foods such as huckleberry,
chokecherry, camas, wocus, and wapato;
(B) develop a culturally significant native species
management plan for applicable areas to increase the
resiliency of the species; and
(C) consult with the requesting Indian Tribe to
develop the management plan and to meet long-term
species management objectives.
(5) Ecological function.--As part of the development of a
comprehensive management plan under paragraph (1) or the
updating of such a plan, the Secretary concerned, in a manner
consistent with the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.), may develop and implement projects, through a
collaborative process, to improve the ecological function of
the ecosystem if environmental analysis indicates that the
projects are appropriate.
(6) Submission.--On completion of a comprehensive
management plan under paragraph (1) or any update to such a
plan, the Secretary concerned shall submit the plan to each
applicable board of county commissioners and Tribal government.
(b) Cooperative Agreements With States and Indian Tribes.--In
administering wild and scenic river segments in the State, the
Secretary concerned may enter into cooperative agreements with the
State, any political subdivision of the State, or a Tribal government
for the rendering, on a reimbursable or nonreimbursable basis, of--
(1) rescue, firefighting, and law enforcement services; and
(2) cooperative assistance by nearby law enforcement and
fire management agencies.
(c) Restoration of Certain Wild and Scenic River Segments.--
(1) In general.--Subject to the availability of
appropriations, the Secretary concerned may restore components
of the National Wild and Scenic Rivers System in the State
that--
(A) provide drinking water for downstream
communities; or
(B) have been degraded by catastrophic wildfire.
(2) Authorized activities and projects.--Consistent with
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.)
(including any regulations issued under that Act), the
Secretary concerned may authorize any activity or project for a
covered segment, the primary purpose of which is--
(A) river restoration;
(B) the recovery of a species listed as endangered
or threatened under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.); or
(C) restoring ecological or hydrological function.
(d) Private Rights, Privileges, or Contracts.--
(1) In general.--In accordance with section 12(b) of the
Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this
Act or an amendment made by this Act abrogates any existing
right, privilege, or contract affecting Federal land held by
any private person without the consent of the person.
(2) Effects.--Nothing in this Act or an amendment made by
this Act affects the ability of--
(A) the holder of any existing right, privilege, or
contract to maintain or repair facilities used to
exercise the existing right, privilege, or contract,
including the right to maintain and repair facilities
used to exercise valid existing rights; or
(B) an owner of private inholdings within, or land
adjacent to, a covered segment to obtain a permit or
easement from any Federal agency with jurisdiction in
the covered segment to use, access, or maintain the
land of the owner.
(3) Consent required for acquisition.--No land or interest
in land located within the boundaries of a covered segment may
be acquired by the Secretary concerned without the consent of
the owner of the land or interest in land, including access
across the covered segment, subject to such terms and
conditions as the Secretary concerned determines necessary to
protect the resources and values of the covered segment.
(e) Utility Activities.--Nothing in this Act or an amendment made
by this Act affects--
(1) the operation, maintenance, modification, or
replacement of existing--
(A) utility lines, including power lines and power
line systems; or
(B) utility infrastructure;
(2) permitted and licensed utility activities within a
covered segment; or
(3) the authority of the Federal Energy Regulatory
Commission to determine pursuant to section 30 of the Federal
Power Act (16 U.S.C. 823a) that a proposed facility located
within an existing, modified, or replacement conduit meets the
qualifying criteria to be a qualifying conduit hydropower
facility under that section.
(f) Water Rights.--Nothing in this Act or an amendment made by this
Act affects valid existing water rights, including--
(1) any interstate water compact in existence on the date
of enactment of this Act (including full development of any
apportionment made in accordance with the compact);
(2) water rights in the State; or
(3) water rights held by the United States.
(g) Tribal Land and Treaty Rights.--
(1) In general.--Any land owned by an Indian Tribe or held
in trust by the United States for the benefit of an Indian
Tribe or member of an Indian Tribe shall not be included within
the boundaries of a covered segment without the express consent
of the applicable Tribal government.
(2) Consultation.--With respect to a covered segment that
includes land described in paragraph (1), the Secretary
concerned shall, as appropriate, consult, and enter into
written cooperative management agreements, with the applicable
Indian Tribe for the planning, administration, and management
of the covered segment, in accordance with section 10(e) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).
(3) Effect of act.--Nothing in this Act or an amendment
made by this Act affects, within a covered segment--
(A) the jurisdiction or responsibilities of an
Indian Tribe with respect to the management of fish,
wildlife, land, or water;
(B) the treaty or other rights of an Indian Tribe;
(C) the claims of an Indian Tribe to water or land;
(D) the rights or jurisdiction of Indian Tribes
over water or any groundwater resource; or
(E) the beneficial ownership interest of--
(i) land held in trust by the United States
for an Indian Tribe;
(ii) land held by an Indian Tribe; or
(iii) a member of an Indian Tribe.
(h) Effect on Wildfire Management.--Nothing in this Act or an
amendment made by this Act alters the authority of the Secretary
concerned (in cooperation with other Federal, State, and local
agencies, as appropriate) to conduct wildland fire operations within a
covered segment, including the construction of temporary roads if
required for public safety, consistent with--
(1) the purposes of the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.); and
(2) the protection and enhancement of the outstandingly
remarkable values of the covered segment under section 10(a) of
that Act (16 U.S.C. 1281(a)).
(i) Stream Gauges.--Consistent with the Wild and Scenic Rivers Act
(16 U.S.C. 1271 et seq.), the Secretary concerned may carry out
activities at United States Geological Survey stream gauges that are
located on a covered segment, including flow measurements and
operation, maintenance, and replacement.
(j) Livestock Grazing.--The Secretary concerned may permit
livestock grazing in a covered segment, in accordance with--
(1) the grazing laws applicable to permits on National
Forest System land or public land administered by the Bureau of
Land Management, as applicable (including regulations); and
(2) other applicable laws.
SEC. 5. BOUNDARIES AND MINERAL WITHDRAWAL FOR CERTAIN COMPONENTS OF THE
NATIONAL WILD AND SCENIC RIVERS SYSTEM IN THE STATE OF
OREGON.
(a) Boundaries for Certain Wild and Scenic Rivers in the State of
Oregon.--
(1) In general.--Notwithstanding section 3(b) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(b)) and subject to
paragraph (2), in the case of a segment that is designated as a
component of the National Wild and Scenic Rivers System in the
State on or after the date of enactment of this Act, the
boundaries shall include an average of 640 acres of land per
mile measured from the ordinary high water mark on both sides
of the river.
(2) Limitations.--
(A) Existing components.--The requirement under
paragraph (1) shall not apply to any segment of a
component of the National Wild and Scenic Rivers System
in the State that was designated before the date of
enactment of this Act.
(B) Adjustments.--Any adjustment or addition to a
segment in the State that was designated as a component
of the National Wild and Scenic Rivers System before
the date of enactment of this Act shall not affect the
applicable management boundary in effect before that
date of enactment.
(b) Comprehensive Mineral Withdrawal Within the State of Oregon.--
Subject to valid existing rights, the Federal land within the
boundaries of a component of the National Wild and Scenic Rivers System
in the State is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 6. ADDITIONS TO EXISTING COMPONENTS OF THE NATIONAL WILD AND
SCENIC RIVERS SYSTEM.
(a) Rogue River.--Section 3(a)(5)(B) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)(5)(B)) is amended by adding at the end the
following:
``(xxxv) Quosatana creek.--The
approximately 8.6-mile segment of Quosatana
Creek from and including the headwaters to the
confluence with the Rogue River, as a scenic
river.
``(xxxvi) Shasta costa creek.--
``(I) Upper shasta costa creek.--
The approximately 13.9-mile segment of
Shasta Costa Creek from and including
the headwaters to the mainstem Rogue
Wild and Scenic River detailed
boundary, as a wild river.
``(II) Lower shasta costa creek.--