[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 434 Engrossed in House (EH)]
1st Session
H. R. 434
_______________________________________________________________________
AN ACT
To direct the Secretary of Agriculture to enter into a cooperative
agreement to provide for retention, maintenance, and operation, at
private expense, of 12 concrete dams and weirs located within the
boundaries of the Emigrant Wilderness in the Stanislaus National
Forest, California, and for other purposes.
107th CONGRESS
1st Session
H. R. 434
_______________________________________________________________________
AN ACT
To direct the Secretary of Agriculture to enter into a cooperative
agreement to provide for retention, maintenance, and operation, at
private expense, of 12 concrete dams and weirs located within the
boundaries of the Emigrant Wilderness in the Stanislaus National
Forest, California, and for other purposes.
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 2001''.
SEC. 2. OPERATION AND MAINTENANCE OF CERTAIN WATER IMPOUNDMENT
STRUCTURES IN THE EMIGRANT WILDERNESS, STANISLAUS
NATIONAL FOREST, CALIFORNIA.
(a) Cooperative Agreement For Maintenance and Operation.--The
Secretary of Agriculture shall enter into a cooperative agreement with
a non-Federal entity described in subsection (c), under which the
entity will retain, maintain, and operate at private expense the water
impoundment structures specified in subsection (b) that are 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) Covered Water Impoundment Structures.--The cooperative
agreement required by subsection (a) shall cover the water impoundment
structures located at the following:
(1) Cow Meadow Lake.
(2) Y-Meadow Lake.
(3) Huckleberry Lake.
(4) Long Lake.
(5) Lower Buck Lake.
(6) Leighton Lake.
(7) High Emigrant Lake.
(8) Emigrant Meadow Lake.
(9) Middle Emigrant Lake.
(10) Emigrant Lake.
(11) Snow Lake.
(12) Bigelow Lake.
(c) Eligible Entity.--The following non-Federal entities are
eligible to enter into the cooperative agreement under subsection (a):
(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.
(d) Responsibilities of the Secretary.--
(1) Map.--The Secretary of Agriculture shall prepare a map
identifying the location, size, and type of each water
impoundment structure covered by the cooperative agreement
under 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 water impoundment structures covered by
the agreement 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.
(e) Responsibilities of the Non-Federal Entity.--The non-Federal
entity shall be responsible for--
(1) carrying out its operation and maintenance activities
with respect to the water impoundment structures covered by the
cooperative agreement under subsection (a) in conformance with
this section and the cooperative agreement; and
(2) the costs associated with the maintenance and operation
of the structures.
(f) 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 water impoundment structures
covered by the cooperative agreement under subsection (a); or
(2) to otherwise conduct activities in the Emigrant
Wilderness pursuant to the cooperative agreement.
(g) Expansion of Agreement to Cover Additional Structures.--In the
case of the six water impoundment structures located within the
boundaries of the Emigrant Wilderness, but not specified in subsection
(b), the Secretary of Agriculture may expand the scope of the
cooperative agreement under subsection (a), with the consent of the
State of California and the other party to the agreement, to include
one or more of these structures, subject to the same terms and
conditions as apply to the structures specified in subsection (b).
(h) 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.
Passed the House of Representatives September 10, 2001.
Attest:
Clerk.