[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.--