[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3762 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3762

 To designate segments of Fossil Creek, a tributary to the Verde River 
          in the State of Arizona, as wild and scenic rivers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 28 (legislative day, July 26), 2006

  Mr. McCain (for himself and Mr. Kyl) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To designate segments of Fossil Creek, a tributary to the Verde River 
          in the State of Arizona, as wild and scenic rivers.

    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 ``Fossil Creek Wild and Scenic River 
Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the restoration of stream flow to Fossil Creek 
        resulting from the decommissioning of the Childs-Irving 
        Hydroelectric Project by the Arizona Public Service Company is 
        a demonstration of remarkable corporate stewardship resulting 
        in the rebirth of a river;
            (2) the spring-fed waters of Fossil Creek are exceptional 
        for central Arizona and the travertine geological formations 
        are rarely found anywhere in the United States;
            (3) the restoration of stream flow to Fossil Creek will 
        provide riparian habitat for native fish, birds, plants, 
        mammals, amphibians, and reptiles;
            (4) the Yavapai-Apache Nation considers Fossil Creek to be 
        a sacred place, with significant spiritual and cultural values;
            (5) the Verde River, into which Fossil Creek flows, has 
        previously been added to the National Wild and Scenic Rivers 
        System;
            (6) the Northern Arizona University has invested 
        significant resources in studying the restoration of Fossil 
        Creek and the unique geological, hydrological, and biological 
        characteristics of Fossil Creek;
            (7) State and Federal land and resource management agencies 
        have invested significant resources in restoring the native 
        fish populations of Fossil Creek through barrier construction 
        and stream renovation activities;
            (8) the Fossil Creek watershed will continue to provide 
        opportunities for hiking, swimming, camping, horseback riding, 
        wildlife viewing, hunting, and livestock grazing;
            (9) the Forest Service has determined that Fossil Creek is 
        eligible for inclusion into the National Wild and Scenic Rivers 
        System based on the free-flowing condition and outstandingly 
        remarkable geology, ecology, fish, wildlife, cultural, and 
        scenic values of the creek; and
            (10) this reborn river deserves long-term protection 
        secured by a sustainable management plan that recognizes and 
        maintains the remarkable values of the Fossil Creek area.

SEC. 3. DESIGNATION OF WILD AND SCENIC RIVERS.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended--
            (1) by redesignating the last paragraph (relating to the 
        White Salmon River, Washington) as paragraph (167); and
            (2) by adding at the end the following:
            ``(168) Fossil creek, arizona.--
                    ``(A) Upper fossil creek.--From the source at 
                Fossil Springs below Sand Rock and Calf Pen Canyons to 
                where the water leaves the Fossil Spring Wilderness 
                Area, as a wild river.
                    ``(B) Middle fossil creek.--From the border of the 
                Fossil Spring Wilderness Area to the Mazatzal 
                Wilderness Boundary, as a scenic river.
                    ``(C) Segment.--The 6.6 miles from the Mazatzal 
                Wilderness Boundary down to the confluence with the 
                Verde River, as a wild river.''.

SEC. 4. MANAGEMENT OF RIVER SEGMENTS.

    The Secretary of Agriculture shall--
            (1) manage the river segments designated in section 3; and
            (2) submit a river management plan for the designated 
        segments to Congress not later than 2 years after the date of 
        enactment of this Act.

SEC. 5. ALLOWANCE FOR RESTORATION ACTIVITIES.

    (a) Arizona Public Service Company.--Without further consultation 
under section 7 of the Wild and Scenic Rivers Act (16 U.S.C. 1278), 
Arizona Public Service Company, the former licensee for the Childs-
Irving Hydroelectric Project (FERC project number 2069), may conduct 
project decommissioning and restoration activities agreed to in the 
surrender application and relevant docketed filings with the Federal 
Energy Regulatory Commission.
    (b) Federal and State Agencies.--Any Federal or State agency may 
conduct stream restoration and barrier maintenance activities in 
accordance with the environmental assessment and finding of no 
significant impact for the Fossil Creek Native Fish Restoration Project 
dated 2004.

SEC. 6. STREAM MONITORING.

    Notwithstanding the amendment made by section 3, the United States 
Geological Survey or any permittee of the Forest Service may undertake 
any necessary activities, including access by any existing road, to 
install, operate, maintain, or otherwise manage 1 or more stream flow 
gauges on Fossil Creek in cooperation with the Forest Service for the 
purpose of monitoring and collecting stream flow and other water 
resource information.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
for each fiscal year--
            (1) to prepare management plans for all river segments 
        designated as wild or scenic rivers under section 3 not later 
        than 2 years after the date of designation, in accordance with 
        section 3(d)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1274(d)(1));
            (2) to fund a river ranger to oversee Fossil Creek; and
            (3) to otherwise carry out this Act.
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