[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.--