Pub. L. 104-208, div. B, tit. III, sec. 301
DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.
SEC. 301. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS. (a) Definitions.— In this section: (1) Working group.— The term “Working Group” means the Deschutes River Basin Working Group established before the date of enactment of this title, consisting of members nominated by their represented groups, including: (A) 5 representatives of private interests including one each from hydroelectric production, livestock grazing, timber, land development, and recreation/tourism; (B) 4 representatives of private interests including two each from irrigated agriculture and the environmental community; (C) 2 representatives from the Confederated Tribes of the Warm Springs Reservation of Oregon; (D) 2 representatives from Federal agencies with authority and responsibility in the Deschutes River Basin, including one from the Department of the Interior and one from the Agriculture Department; (E) 2 representatives from the State of Oregon agencies with authority and responsibility in the Deschutes River Basin, including one from the Oregon Department of Fish and Wildlife and one from the Oregon Water Resources Department; and (F) 4 representatives from county or city governments within the Deschutes River Basin county and/or city governments. (2) Secretary.— The term “Secretary” means the Secretary of the Interior. (3) Federal agencies.— The term “Federal agencies” means agencies and departments of the United States, including, but not limited to, the Bureau of Reclamation, Bureau of Indian Affairs, Bureau of Land Management, Fish and Wildlife Service, Forest Service, Natural Resources Conservation 110 STAT. 3009–535Service, Farm Services Agency, the National Marine Fisheries Service, and the Bonneville Power Administration. (4) Consensus.— The term “consensus” means a unanimous agreement by the Working Group members present and constituting at least a quorum at a regularly scheduled business meeting. (5) Quorum.— The term “quorum” means one more than half of those qualified Working Group members appointed and eligible to serve. (b) In General.— (1) The Working Group will propose ecological restoration projects on both Federal and non-Federal lands and waters to be undertaken in the Deschutes River Basin based on a consensus of the Working Group, provided that such projects, when involving Federal land or funds, shall be proposed to the Bureau of Reclamation in the Department of the Interior and any other Federal agency with affected land or funds. (2) The Working Group will accept donations, grants or other funds and place such funds received into a trust fund, to be expended on ecological restoration projects which, when involving Federal land or funds, are approved by the affected Federal agency. (3) The Bureau of Reclamation shall pay from funds authorized under subsection (h) of this title up to 50 percent of the cost of performing any project proposed by the Working Group and approved by the Secretary, up to a total amount of $1,000,000 during each of the fiscal years 1997 through 2001. (4) Non-Federal contributions to project costs for purposes of computing the Federal matching share under paragraph (3) of this subsection may include in-kind contributions. (5) Funds authorized in subsection (h) of this title shall be maintained in and distributed by the Bureau of Reclamation in the Department of the Interior. The Bureau of Reclamation shall not expend more than 5 percent of amounts appropriated pursuant to subsection (h) for Federal administration of such appropriations pursuant to this title. (6) The Bureau of Reclamation is authorized to provide by grant to the Working Group not more than 5 percent of funds appropriated pursuant to subsection (h) of this title for not more than 50 percent of administrative costs relating to the implementation of this title. (7) The Federal agencies with authority and responsibility in the Deschutes River Basin shall provide technical assistance to the Working Group and shall designate representatives to serve as members of the Working Group. (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 chartering requirements of 5 U.S.C. App 2 ss 1–15 are hereby deemed to have been met by this section. (d) Priorities.— The Working Group shall give priority to voluntary market-based economic incentives for ecosystem restoration including, but not limited to, water leases and purchases; land leases and purchases; tradable discharge permits; and acquisition 110 STAT. 3009–536of 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 agency. Members of the Working Group representing private interests shall be named in accordance with the articles of incorporation and bylaws of the Working Group. Representatives 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 appropriations 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.