[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 434 Referred in Senate (RFS)]

  1st Session
                                H. R. 434


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2001

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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:

                                                 JEFF TRANDAHL,

                                                                 Clerk.