article: SECTION 1. FINDINGS. Congress finds that-- (1) the 50-mile Handford Reach is the last free-flowing nontidal segment of the Columbia River in the United States and has been preserved in a relatively natural condition because of its location within the Hanford Nuclear Reservation; (2) in 1988, Congress, in Public Law 100-605 (102 Stat. 3043), called for an analysis of protection alternatives for the Hanford Reach and a report to Congress by the Secretary of the Interior, who concluded in the Hanford Reach Final Environmental Impact Statement dated June 1994 that the Hanford Reach should be designated as a recreational river under the Wild and Scenic Rivers Act; (3) the Hanford Reach is a vital migration corridor for anadromous fish and contains some of the most productive spawning areas in the Northwest United States, producing an estimated 80 percent of the Columbia Basin's fall chinook salmon and healthy runs of naturally spawning steelhead trout, sturgeon, and other highly valued fish species; (4) the Hanford Reach provides important habitat for wintering and migrating waterfowl, bald eagles, deer, elk, and a diversity of other wildlife, including numerous Federal and State-listed threatened and endangered plant and animal species, some of which are found nowhere else; (5) the White Bluffs and pristine conditions of the Hanford Reach offer scenic beauty, opportunities for solitude, and recreation, including hunting, fishing, boating, hiking, swimming, and wildlife observation, in close proximity to the Tri-Cities area of the State of Washington; (6) the Hanford Reach and its salmon runs have been important to mid-Columbia Native Americans for subsistence, cultural, and religious purposes for more than 10,000 years, and there are 150 registered archaeological sites in the area; (7) the southern shore of the Hanford Reach chronicles the history of the Manhattan Project, defense nuclear production during the cold war, and early Euro-American settlement of the area; (8) the White Bluffs and adjacent shoreline areas are a significant paleontological resource and are rich with fossils remains from the Pliocene period; (9) protection of the Hanford Reach as a national wild and scenic river can enhance local revenues from outdoor recreation and increase economic investment in the Tri-Cities area by highlighting the quality of life and natural amenities of the area; (10) economic activities along the river corridor in existence on the date of enactment of this Act, such as agriculture, power production and transmission, and water withdrawal, are compatible with the recreational classification of the river, and the classification made by this Act cannot be changed except by a subsequent Act of Congress; (11) designation of the Hanford Reach as a wild and scenic river can facilitate, and make less costly, the remediation of contaminated areas of the Hanford Nuclear Reservation by determining future land use within the river corridor and helping to ensure the Federal commitment to the cleanup of the Hanford Site; (12) the Hanford Reach has special significance as an outdoor laboratory and classroom and offers a singular opportunity for government agencies, tribes, and community organizations to develop a partnership around an education and interpretation program focused on the area's unique natural and human history; (13) the Columbia River shore immediately downstream of the Hanford Reach in the Tri-Cities area currently contains miles of high, steep levees which create a sterile gauntlet through which migrating anadromous fish must pass, and that flow controls on the Columbia River have reduced the need for levees of this height; (14) modifying levees in the Tri-Cities area could significantly improve the habitat value of this transition area to the Hanford Reach for fish and wildlife, decrease mortality of migratory fish and waterfowl, and have the additional benefits of improving rivershore access, recreation, and aesthetics; and (15) local jurisdictions in the Tri-Cities area have expressed interest in a partnership with the Army Corps of Engineers and other agencies to study rivershore restoration in the Tri-Cities area and develop a plan of action. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to protect the natural, cultural, scenic, and recreational resources of the Hanford Reach of the Columbia River; (2) to encourage education and interpretation of the Hanford Reach; and (3) to restore and enhance the natural habitat of the rivershore immediately downstream of the Hanford Reach in the vicinity of the Tri-Cities area of the State of Washington. SEC. 3. COLUMBIA RIVER NATIONAL WILD AND SCENIC RIVER. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(____) Hanford reach, columbia river, washington.--The river segment from river mile 346.5 to river mile 396, Hanford Reach, Columbia River, Washington, as a recreational river, subject to the following: ``(A) No privately owned land.--Only public land adjacent to the river segment, and no privately owned land, may be included in the river segment. ``(B) Management.-- ``(i) In general.--The Secretary of the Interior shall manage the river segment as a recreational river in accordance with the National Wildlife Refuge System Administration Act of 1996 (16 U.S.C. 668dd et seq.), this Act, and other applicable law. ``(ii) Rule of construction.--Nothing in this Act or any other law authorizes the Secretary of the Interior or any other governmental officer to alter the classification of the river segment as a recreational river. ``(C) Development of plan.--In developing and periodically revising a plan for the management of the river segment, the Secretary of the Interior shall-- ``(i) consult with-- ``(I) affected Indian tribes; ``(II) the State of Washington; ``(III) the Secretary of Energy; ``(IV) governments of local jurisdictions adjacent to the river segment; and ``(V) and advisory council composed of the chairperson of the county commissions for Benton County, Franklin County, and Grant County, Washington, and four citizens selected by the Governor of Washington from those counties to represent environmental, recreational, cultural, and other stakeholder interests; ``(ii) provide opportunity for public participation; ``(iii) develop a strategy for acquiring private land in the area defined by the applicable environmental impact statement by purchase, conservation easement, lease, or donation on a willing-seller basis only; ``(iv) recognize recreation as an outstandingly remarkable value of the designated area and give recreation a high management priority, along with protection of natural, cultural, and scenic resources; ``(v) coordinate and cooperate with State, local, and tribal governments and other entities in the development and implementation of educational and interpretive programs related to the Hanford Reach; and ``(vi) determine how-- ``(I) a Hanford Reach educational and interpretive center with appropriate exhibit, conference, and support facilities can be constructed or be incorporated into a compatible community facility; ``(II) interpretive education efforts can be coordinated with local governments and public school districts in the region; and ``(III) recreational tourism efforts associated with the Hanford Reach can be coordinated through a community-based visitor and convention bureau. ``(D) Access corridors.--Access corridors in existence on the date of enactment of this paragraph shall be retained. ``(E) Rules of construction.--The designation of the river segment shall not be construed as-- ``(i) prohibiting or approving relicensing of any hydroelectric facility by the Federal Energy Regulatory Commission; ``(ii) affecting any law, agreement, plan, or policy in effect on the date of enactment of this paragraph regarding water rights or instream flows on the river segment; ``(iii) prohibiting the operation or maintenance of any energy, transmission, water intake, or water outfall facility in existence on the date of enactment of this paragraph; ``(iv) prohibiting the modification, repair, or replacement of any energy, transmission, water intake, or water outfall facility so long as there is no substantial impact on the natural, cultural, or scenic resources of the river segment and adjacent land area; ``(v) establishing or imposing remediation requirements more restrictive than those that would apply but for this paragraph; ``(vi) prohibiting construction of temporary facilities essential to the remediation and restoration of contaminated areas within the viewshed of the river segment; or ``(vii) relieving the Secretary of Energy from any obligation or other liability at the Hanford Nuclear Reservation under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and other applicable law or imposing any such obligation or other liability on the Secretary of the Interior. ``(F) Rivershore restoration and enhancement.--The Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers, in cooperation and coordination with the heads of other relevant Federal agencies and State and local governments, shall develop a comprehensive plan of improvement for restoration and enhancement of fish and wildlife habitat, recreation, river access, and overall aesthetics of the levees and other rivershore areas downstream of the river segment in the Tri-Cities area of the State of Washington. ``(G) Section 1135 projects.--The Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers-- ``(i) subject to receipt of a statement of interest from the non-Federal interests for the following projects, shall, not later than 180 days after the date of enactment of this paragraph, complete a preliminary restoration plan under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) for each of-- ``(I) a portion of the rivershore of Clover Island and a portion of the levee immediately upstream of Clover Island; ``(II) the rivershore immediately upstream of the portion described in subclause (I) in the city of Kennewick, Washington, to United States Route 395 bridge; ``(III) the levee modified in 1994 between road 39 and the United States Route 395 bridge in Franklin County, Washington; and ``(IV) the levee between the United States Route 395 bridge to the area immediately downstream of the 10th Avenue bridge in the city of Pasco, Washington; ``(ii) shall consider each of the projects described in subclauses (I), (II), (III), and (IV) of clause (i) to be a separate project for purposes of the program under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a); and ``(iii) subject to receipt of necessary commitments from the non-Federal interests for the projects, shall, not later than 18 months after the date of enactment of this paragraph, complete a project modification report for each of the projects.''.
summary: Amends the Wild and Scenic Rivers Act to designate a specified segment of the Hanford Reach of the Columbia River in Washington State as a component of the National Wild and Scenic Rivers System. Provides that only public land adjacent to the segment, and no privately-owned land, shall be included in it. Requires the Secretary of the Interior to: (1) manage the segment as a recreational river; and (2) meet specified criteria in developing and periodically revising a plan for the management of the segment. Retains access corridors in existence on the enactment of this Act. Requires the Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers in cooperation and coordination with the heads of relevant Federal agencies and State and local governments, to develop a comprehensive plan of improvement for restoration and enhancement of fish and wildlife habitat, recreation, river access, and overall aesthetics of the levees and other rivershore areas downstream of the segment in the Tri-Cities area of Washington State. Requires the Secretary, acting through the Chief and subject to receipt of a statement of interest from the non-Federal interests for the following projects, to complete a preliminary restoration plan under the Water Resources Development Act of 1986 for: (1) a portion of the Clover Island rivershore and a portion of the levee immediately upstream of Clover Island; (2) the rivershore immediately upstream of the portion in the city of Kennewick, Washington, to the U.S. Route 395 bridge; (3) the levee modified in 1994 between Road 39 and the U.S. Route 395 bridge in Franklin County, Washington; and (4) the levee between the U.S. Route 395 bridge to the area immediately downstream of the 10th Avenue bridge in the city of Pasco, Washington. Directs the Secretary, subject to the receipt of necessary commitments from the non-Federal interests, to complete a modification report for each project.