Pub. L. 104-333, div. 1, tit. X, subtit. C, sec. 1026
BULL RUN PROTECTION—
SEC. 1026. BULL RUN PROTECTION— (a) Amendments to Public Law 95–200.— (1) The first sentence of section 2(a) of the Public Law 95–200 is amended by striking “2(b)” and inserting in lieu thereof “2(c)”. (2) The first sentence of section 2(b) of Public Law 95–200 is amended after “the policy set forth in subsection (a)” by inserting “and (b)”. (3) Subsections (b), (c), (d), and (e) of section 2 of Public Law 95–200 are redesignated as subsections (c), (d), (e), and (f), respectively. (4) Section 2 of Public Law 95–200 is amended by inserting after subsection (a) the following new subsection: “(b) Timber Cutting.— “(1) In general.—Subject to paragraph (2), the Secretary of Agriculture shall prohibit the cutting of trees in that part of the unit consisting of the hydrographic boundary of the Bull Run River Drainage, including certain lands within the unit and located below the headworks of the city of Portland, Oregon’s water storage and delivery project, and as depicted 110 STAT. 4229in a map dated July 22, 1996, and entitled ‘Bull Run River Drainage’. “(2) Permitted cutting.— “(A) In general.—Subject to subparagraph (B), the Secretary of Agriculture shall prohibit the cutting of trees in the area described in subparagraph (1). “(B) Permitted cutting.—Subject to subparagraph (C), the Secretary may only allow the cutting of trees in the area described in subparagraph (1)— “(i) for the protection or enhancement of water quality in the area described in subparagraph (1); or “(ii) for the protection, enhancement, or maintenance of water quantity available from the area described in subparagraph (1); or “(iii) for the construction, expansion, protection or maintenance of municipal water supply facilities; or “(iv) for the construction, expansion, protection or maintenance of facilities for the transmission of energy through and over the unit or previously authorized hydroelectric facilities or hydroelectric projects associated with municipal water supply facilities. “(C) Salvage sales.—The Secretary of Agriculture may not authorize a salvage sale in the area described in subparagraph (1).”. (b) Report to Congress.—The Secretary of Agriculture shall, in consultation with the city of Portland and other affected parties undertake a study of that part of the Little Sandy Watershed that is within the unit (hereinafter referred to as the “study area”). The study shall determine— (1) the impact of management activities within the study area on the quality of drinking water provided to the Portland Metropolitan area; (2) the identity and location of certain ecological features within the study area, including late successional forest characteristics, aquatic and terrestrial wildlife habitat, significant hydrological values, or other outstanding natural features; and (3) the location and extent of any significant cultural or other values within the study area. (c) Recommendations.—The study referred to in subsection (b) shall include both legislative and regulatory recommendations to Congress on the future management of the study area. In formulating such recommendations, the Secretary shall consult with the City of Portland and other affected parties. (d) Existing Data and Processes.—To the greatest extent possible, the Secretary shall use exiting data and processes to carry out the study and report. (e) Submission to Congress.—The study referred to in sub-section (b) shall be submitted to the Senate Committees on Energy and Natural Resources and Agriculture and the House Committees on Resources and Agriculture not later than one year from the date of enactment of this section. (f) Moratorium.—The Secretary is prohibited from advertising, offering or awarding any timber sale within the study area for a period of two years after the date of enactment of this section. 110 STAT. 4230 (g) Water Rights.—Nothing in this section shall in any way affect any State or Federal law governing appropriation, use of or Federal right to water on or flowing through National Forest System lands. Nothing in this section is intended to influence the relative strength of competing claims to the waters of the Little Sandy River. Nothing in this section shall be construed to expand or diminish Federal, State, or local jurisdiction, responsibility, interests, or rights in water resources development or control, including rights in and current uses of water resources in the unit. (h) Other Lands in Unit.—Lands within the Bull Run Management Unit, as defined in Public Law 95–200, but not contained within the Bull Run River Drainage, as described in the amendment made by subsection (a)(4) of this section and as depicted on the map dated July 22, 1996, and entitled “Bull Run River Drainage”, shall continue to be managed in accordance with Public Law 95–200.