[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 434 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 434

  To direct the Secretary of Agriculture to enter into a cooperative 
  agreement to provide for retention, maintenance, and operation, at 
 private expense, of the 18 concrete dams and weirs located within the 
   boundaries of the Emigrant Wilderness in the Stanislaus National 
              Forest, California, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2001

  Mr. Doolittle (for himself and Mr. Condit) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Agriculture to enter into a cooperative 
  agreement to provide for retention, maintenance, and operation, at 
 private expense, of the 18 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. OPERATION AND MAINTENANCE OF EXISTING DAMS AND WEIRS, 
              EMIGRANT WILDERNESS, STANISLAUS NATIONAL FOREST, 
              CALIFORNIA.

    (a) Cooperative Agreement.--The Secretary of Agriculture 
(hereinafter referred to as the ``Secretary'') 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, on the date of 
the enactment of this section, 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 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 $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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