[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 359 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 359

 To clarify the intent of Congress in Public Law 93-632 to require the 
Secretary of Agriculture to continue to provide for the maintenance and 
   operation of 18 concrete dams and weirs that were located in the 
 Emigrant Wilderness at the time the wilderness area was designated in 
                            that Public Law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1999

Mr. Doolittle introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To clarify the intent of Congress in Public Law 93-632 to require the 
Secretary of Agriculture to continue to provide for the maintenance and 
   operation of 18 concrete dams and weirs that were located in the 
 Emigrant Wilderness at the time the wilderness area was designated in 
                            that Public Law.

    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 ``Emigrant Wilderness Preservation Act 
of 1999''.

SEC. 2. OPERATION AND MAINTENANCE OF EXISTING DAMS AND WEIRS, EMIGRANT 
              WILDERNESS, STANISLAUS NATIONAL FOREST, CALIFORNIA.

    (a) Cooperative Agreement.--The Secretary of Agriculture shall 
enter into a cooperative agreement with a non-Federal entity described 
in subsection (b), under which the entity will retain, maintain, and 
operate at private expense the 18 concrete dams and weirs located 
within the boundaries of the Emigrant Wilderness in the Stanislaus 
National Forest, California, as designated by section 2(b) of Public 
Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note).
    (b) Eligible Entity.--The following non-Federal entities are 
eligible to enter into the cooperative agreement under this section:
            (1) A non-profit organization as defined in section 
        501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
        501(c)(3)).
            (2) The State of California or a political subdivision of 
        the State.
            (3) A private individual, organization, corporation, or 
        other legal entity.
    (c) Responsibilities of the Secretary.--
            (1) Map.--The Secretary of Agriculture shall prepare a map 
        identifying the location, size, and type of each concrete dam 
        or weir referred to in subsection (a).
            (2) Terms and conditions of agreement.--The Secretary shall 
        prescribe the terms and conditions of the cooperative 
        agreement, which shall set forth the rights and obligations of 
        the Secretary and the non-Federal entity. At a minimum, the 
        cooperative agreement shall--
                    (A) require the non-Federal entity to operate and 
                maintain the dams and weirs referred to in subsection 
                (a) in accordance with a plan of operations approved by 
                the Secretary;
                    (B) require approval by the Secretary of all 
                operation and maintenance activities to be conducted by 
                the non-Federal entity;
                    (C) require the non-Federal entity to comply with 
                all applicable State and Federal environmental, public 
                health, and safety requirements; and
                    (D) establish enforcement standards, including 
                termination of the cooperative agreement for 
                noncompliance by the non-Federal entity with the terms 
                and conditions.
            (3) Compliance.--The Secretary shall ensure that the non-
        Federal entity remains in compliance with the terms and 
        conditions of this section and the cooperative agreement.
    (d) Responsibilities of the Non-Federal Entity.--The non-Federal 
entity shall be responsible for--
            (1) carrying out its operation and maintenance activities 
        on the dams and weirs referred to in subsection (a) in 
        conformance with this section and the cooperative agreement; 
        and
            (2) the costs associated with the maintenance and operation 
        of the dams and weirs.
    (e) Prohibition on Use of Mechanized Transport and Motorized 
Equipment.--The non-Federal entity may not use mechanized transport or 
motorized equipment--
            (1) to operate or maintain the dams and weirs referred to 
        in subsection (a); or
            (2) to otherwise conduct activities in the Emigrant 
        Wilderness pursuant to the cooperative agreement.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Agriculture $20,000 to cover 
administrative costs incurred by the Secretary to comply with the 
requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) in carrying out this section.
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