[House Report 111-398]
[From the U.S. Government Publishing Office]
111th Congress Report
2d Session HOUSE OF REPRESENTATIVES 111-398 =======================================================================
IDAHO WILDERNESS WATER FACILITIES ACT
_______
January 19, 2010.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3538]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3538) to authorize the continued use of certain
water diversions located on National Forest System land in the
Frank Church-River of No Return Wilderness and the Selway-
Bitterroot Wilderness in the State of Idaho, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idaho Wilderness Water Facilities
Act''.
SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN FRANK CHURCH-RIVER OF
NO RETURN WILDERNESS AND SELWAY-BITTERROOT
WILDERNESS, IDAHO.
(a) Authorization for Continued Use.--The Secretary of Agriculture
shall issue a special use authorization to each of the 20 owners of a
water storage, transport, or diversion facility (in this section
referred to as a ``facility'') located on National Forest System land
in the Frank Church-River of No Return Wilderness or the Selway-
Bitterroot Wilderness (as identified on the map titled ``Unauthorized
Private Water Diversions located within the Frank Church-River of No
Return Wilderness'', dated December 14, 2009, or the map titled
``Unauthorized Private Water Diversions located within the Selway-
Bitterroot Wilderness'', dated December 11, 2009) for the continued
operation, maintenance, and reconstruction of the facility if the
Secretary determines that--
(1) the facility was in existence on the date on which the
land upon which the facility is located was designated as part
of the National Wilderness Preservation System (in this section
referred to as ``the date of designation'');
(2) the facility has been in substantially continuous use to
deliver water for the beneficial use on the owner's non-Federal
land since the date of designation;
(3) the owner of the facility holds a valid water right for
use of the water on the owner's non-Federal land under Idaho
State law, with a priority date that predates the date of
designation; and
(4) it is not practicable or feasible to relocate the
facility to land outside of the wilderness and continue the
beneficial use of water on the non-Federal land recognized
under State law.
(b) Terms and Conditions.--
(1) Equipment, transport, and use terms and conditions.--In a
special use authorization issued under subsection (a), the
Secretary shall--
(A) allow use of motorized equipment and mechanized
transport for operation, maintenance, or reconstruction
of a facility, if the Secretary determines that--
(i) the use is necessary to allow the
facility to continue delivery of water to the
non-Federal land for the beneficial uses
recognized by the water right held under Idaho
State law; and
(ii) after conducting a minimum tool analysis
for the facility, the use of nonmotorized
equipment and nonmechanized transport is
impracticable or infeasible; and
(B) preclude use of the facility for the storage,
diversion, or transport of water in excess of the water
right recognized by the State of Idaho on the date of
designation.
(2) Additional terms and conditions.--In a special use
authorization issued under subsection (a), the Secretary may--
(A) require or allow modification or relocation of
the facility in the wilderness, as the Secretary
determines necessary, to reduce impacts to wilderness
values set forth in section 2 of the Wilderness Act (16
U.S.C. 1131) if the beneficial use of water on the non-
Federal land is not diminished; and
(B) require that the owner provide a reciprocal right
of access across the non-Federal property, in which
case, the owner shall receive market value for any
right-of-way or other interest in real property
conveyed to the United States, and market value may be
paid by the Secretary, in whole or in part, by the
grant of a reciprocal right-of-way, or by reduction of
fees or other costs that may accrue to the owner to
obtain the authorization for water facilities.
PURPOSE OF THE BILL
The purpose of H.R. 3538 is to authorize the continued use
of certain water diversions located on National Forest System
land in the Frank Church-River of No Return Wilderness and the
Selway-Bitterroot Wilderness in the state of Idaho, and for
other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Selway-Bitterroot Wilderness was designated by Congress
in 1964. Most of its 1,340,502 acres lie in the State of Idaho,
abutting the Frank Church-River of No Return Wilderness, which
was designated by Congress in 1980. The area contains some of
the largest and most rugged remote tracts of land in the lower
48 states.
Predating the existence of these two wilderness areas,
private landowners had received permits to maintain and repair
water diversions that existed on National Forest System lands.
The water is used for a combination of purposes, including
drinking water for private cabins and ranches. Many of the
permits have since expired, leaving those who own the water
diversions without any options for mechanically maintaining
their water systems.
H.R. 3538 would give the Secretary of Agriculture the
authority to issue special use authorizations to owners of
water storage, transport, or diversion facilities within the
Frank Church-River of No Return Wilderness and the Selway-
Bitterroot Wilderness for the continued maintenance of their
water facilities. The permits would only be issued if the owner
could prove that the facility existed prior to the designated
wilderness, the facility had been used to deliver water to the
owner's land since the designation, the owner had a valid water
right, and it would not be practicable to move the facility
outside of the wilderness area. It is estimated that several
dozen different individuals or businesses have water diversions
in the aforementioned wilderness areas.
COMMITTEE ACTION
H.R. 3538 was introduced on September 8, 2009 by
Representative Michael Simpson (R-ID). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public lands.
On November 17, 2009, the Subcommittee held a hearing on the
bill during which a witness from the U.S. Forest Service
testified in support of the legislation.
On December 16, 2009, the Subcommittee was discharged from
further consideration of H.R. 3538 and the full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Raul Grijalva (D-AZ) offered an amendment in the
nature of a substitute to specify the water facilities covered
by the legislation through the use of a map and other technical
changes. The amendment was agreed to by voice vote. The bill,
as amended, was then ordered favorably reported to the House of
Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the continued use of
certain water diversions located on National Forest System land
in the Frank Church-River of No Return Wilderness and the
Selway-Bitterroot Wilderness in the State of Idaho, and for
other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3538--Idaho Wilderness Water Facilities Act
H.R. 3538 would authorize the Secretary of Agriculture to
issue special permits for continued use of historic water
diversions for those with valid water rights in the Frank
Church-River of No Return Wilderness and the Selway-Bitterroot
Wilderness of Idaho. Based on information from the Forest
Service, CBO estimates that enacting H.R. 3538 would have a
negligible effect on the federal budget because any costs to
process the permits would be paid by the permit holders.
H.R. 3538 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3538 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.