[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2633 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2633

  To grant rights-of-way to owners of dams located in the Bitterroot 
    National Forest in the State of Montana, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 2006

   Mr. Burns introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To grant rights-of-way to owners of dams located in the Bitterroot 
    National Forest in the State of Montana, 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 ``Bitterroot National Forest Dam and 
Reservoir Maintenance Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the wilderness dams in the Bitterroot National Forest 
        in the State of Montana provide numerous benefits to the people 
        living in the Bitterroot Valley; and
            (2) those benefits include--
                    (A) groundwater recharge;
                    (B) maintenance of open space by permitting 
                sustainable family ranches and farms, rather than 
                subdividing ranches and farms;
                    (C) increased late summer streamflows that support 
                riparian and fishery habitat needs; and
                    (D) flood control.
    (b) Purposes.--The purposes of this Act are--
            (1) to grant rights-of-way to owners of dams located in the 
        Bitterroot National Forest in the State of Montana; and
            (2) to continue to provide the benefits described in 
        subsection (a).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Dam.--The term ``dam'' means a dam, including any 
        reservoirs and appurtenances to the dam, that is located in the 
        Forest as of the date of enactment of this Act.
            (2) Forest.--The term ``Forest'' means the Bitterroot 
        National Forest in the State.
            (3) Owner.--The term ``owner'' means--
                    (A) the owner of a dam;
                    (B) the owner of a water storage right for a dam; 
                or
                    (C) the owner of rights-of-way under this Act or 
                other Federal law.
            (4) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of Interior.
            (5) State.--The term ``State'' means the State of Montana.
            (6) Trail.--The term ``trail'' means a trail, access route, 
        or primitive road in the Forest in existence on the date of 
        enactment of this Act.

SEC. 4. RIGHTS-OF-WAY.

    (a) In General.--Notwithstanding the Wilderness Act (16 U.S.C. 1131 
et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), or any other provision of law, the Secretaries shall, on the 
date of enactment of this Act, grant to the owners, for no 
consideration, rights-of-way--
            (1) to the trails, for purposes of providing access to any 
        dams owned by the owner; and
            (2) to areas of the Forest adjacent to any dams owned by 
        the owner, for purposes of the construction, reconstruction, 
        maintenance, repair, and operation of the dam.
    (b) Boundaries.--
            (1) In general.--As soon as practicable after the date of 
        enactment this Act, the owners shall, subject to paragraphs (2) 
        and (3), prepare a map establishing the boundaries of the 
        rights-of-way granted under subsection (a).
            (2) Trails.--A right-of-way granted under subsection (a)(1) 
        shall extend at least 8 feet but not more than 60 feet in width 
        from the center of the trail.
            (3) Adjacent areas.--A right-of-way granted under 
        subsection (a)(2)--
                    (A) shall be to areas of the Forest that are 
                located not less than 50 feet nor more than 500 feet 
                and further than 500 feet from the highwater mark and 
                downstream dam toe to include additional area 
                determined as necessary by the owner; and
                    (B) shall include the least amount of land that is 
                necessary, as determined by the State and owner, for 
                the owner to construct, reconstruct, maintain, repair, 
                and operate the dam, including borrow material, camp 
                sites, pasture for pack and work animals, and tool and 
                equipment storage sites.
    (c) Construction, Maintenance, and Repair.--An owner granted a 
right-of-way under subsection (a)(1) may construct, maintain, and 
repair the right-of-way.
    (d) Authorized Uses.--
            (1) Motor vehicles.--Notwithstanding section 4(c) of the 
        Wilderness Act (16 U.S.C. 1113), an owner may use motor 
        vehicles, motorized and mechanized equipment, and other forms 
        of mechanized transport--
                    (A) on the rights-of-way granted under subsection 
                (a); and
                    (B) at the owner's dam.
            (2) Aircraft.--An owner may operate aircraft in the 
        airspace over the Forest to access the dam and may land the 
        aircraft on the rights-of-way.
    (e) Applicable Law.--Any activities that are carried out by an 
owner in a right-of-way granted under subsection (a) or for the 
purposes referred to in subsection (a)(2)--
            (1) shall be regulated by the State, in accordance with 
        State law; and
            (2) shall not be subject to--
                    (A) the Wilderness Act (16 U.S.C. 1131 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (C) the National Dam Safety Program Act (33 U.S.C. 
                467 et seq.);
                    (D) any other Federal law establishing engineering 
                and construction standards for dams; or
                    (E) any other provision of Federal law to protect 
                fish and wildlife or maintain water quality standards.
    (f) Limitation on Liability.--An owner of a dam shall not be liable 
for any claim or damage that may arise from the conduct of activities 
to construct, maintain, repair, and operate the dam, except any claim 
or damage that arises from the negligence of the owner.
    (g) Subsequent Conveyance.--The rights-of-way granted under 
subsection (a) may be subsequently conveyed by the owner without the 
consent of the Secretaries.
    (h) Termination.--A right-of-way granted to an owner under 
subsection (a) shall terminate if the State determines, after notice to 
the owner and a hearing, that the owner has not accessed or conducted 
activities at the dam for 10 consecutive years.
    (i) Effect.--
            (1) Water rights.--Nothing in this Act affects or in any 
        way interferes with laws of the State relating to the control, 
        appropriation, use, or distribution of water used in irrigation 
        or other beneficial purposes, or any vested right acquired 
        under State law, and the Secretaries shall proceed in 
        conformity with such laws in all land and water management 
        activities under all authorities.
            (2) Existing rights-of-way.--The rights-of-way granted 
        under this Act shall be in addition to any rights-of-way 
        granted to an owner under section 18 of the Act of March 3, 
        1891 (43 U.S.C. 946), sections 2339 and 2340 of the Revised 
        Statutes (43 U.S.C. 661), or any other provision of law.
            (3) Compensable claims.--Any land and water management 
        activities taken by the Secretaries which interfere with the 
        access to or exercise of water rights or rights-of-way of the 
        owner shall create in the owner a valid and compensable takings 
        claim.
                                 <all>