[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3538 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3538

 To authorize the continued use of certain water diversions located on 
  National Forest System land in the Frank Church-River of No Return 
Wilderness and the Selway-Bitterroot Wilderness in the State of Idaho, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2009

  Mr. Simpson (for himself and Mr. Minnick) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize the continued use of certain water diversions located on 
  National Forest System land in the Frank Church-River of No Return 
Wilderness and the Selway-Bitterroot Wilderness in the State of Idaho, 
                        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 ``Idaho Wilderness Water Resources 
Protection Act''.

SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN FRANK CHURCH-RIVER OF 
              NO RETURN WILDERNESS AND SELWAY-BITTERROOT WILDERNESS, 
              IDAHO.

    (a) Authorization for Continued Use.--The Secretary of Agriculture 
shall issue a special use authorization to the owners of a water 
storage, transport, or diversion facility (in this section referred to 
as a ``facility'') located on National Forest System land in the Frank 
Church-River of No Return Wilderness and the Selway-Bitterroot 
Wilderness for the continued operation, maintenance, and reconstruction 
of the facility if the Secretary determines that--
            (1) the facility was in existence on the date on which the 
        land upon which the facility is located was designated as part 
        of the National Wilderness Preservation System (in this section 
        referred to as ``the date of designation'');
            (2) the facility has been in substantially continuous use 
        to deliver water for the beneficial use on the owner's non-
        Federal land since the date of designation;
            (3) the owner of the facility holds a valid water right for 
        use of the water on the owner's non-Federal land under Idaho 
        State law, with a priority date that predates the date of 
        designation; and
            (4) it is not practicable or feasible to relocate the 
        facility to land outside of the wilderness and continue the 
        beneficial use of water on the non-Federal land recognized 
        under State law.
    (b) Terms and Conditions.--
            (1) Required terms and conditions.--In a special use 
        authorization issued under subsection (a), the Secretary 
        shall--
                    (A) allow use of motorized equipment and mechanized 
                transport for operation, maintenance, or reconstruction 
                of a facility, if the Secretary determines that--
                            (i) the use is necessary to allow the 
                        facility to continue delivery of water to the 
                        non-Federal land for the beneficial uses 
                        recognized by the water right held under Idaho 
                        State law; and
                            (ii) the use of nonmotorized equipment and 
                        nonmechanized transport is impracticable or 
                        infeasible; and
                    (B) preclude use of the facility for the storage, 
                diversion, or transport of water in excess of the water 
                right recognized by the State of Idaho on the date of 
                designation.
            (2) Discretionary terms and conditions.--In a special use 
        authorization issued under subsection (a), the Secretary may--
                    (A) require or allow modification or relocation of 
                the facility in the wilderness, as the Secretary 
                determines necessary, to reduce impacts to wilderness 
                values set forth in section 2 of the Wilderness Act (16 
                U.S.C. 1131) if the beneficial use of water on the non-
                Federal land is not diminished; and
                    (B) require that the owner provide a reciprocal 
                right of access across the non-Federal property, in 
                which case, the owner shall receive market value for 
                any right-of-way or other interest in real property 
                conveyed to the United States, and market value may be 
                paid by the Secretary, in whole or in part, by the 
                grant of a reciprocal right-of-way, or by reduction of 
                fees or other costs that may accrue to the owner to 
                obtain the authorization for water facilities.
                                 <all>