[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 40 Introduced in Senate (IS)]







111th CONGRESS
  1st Session
                                 S. 40

A bill to designate Fossil Creek, a tributary of the Verde River in the 
State of Arizona, as a component of the National Wild and Scenic Rivers 
                                System.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2009

  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


 
A bill to designate Fossil Creek, a tributary of the Verde River in the 
State of Arizona, as a component of the National Wild and Scenic Rivers 
                                System.

    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''.

SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following:
            ``(171) Fossil creek, arizona.--Approximately 16.8 miles of 
        Fossil Creek from the confluence of Sand Rock and Calf Pen 
        Canyons to the confluence with the Verde River, to be 
        administered by the Secretary of Agriculture in the following 
        classes:
                    ``(A) The approximately 2.7-mile segment from the 
                confluence of Sand Rock and Calf Pen Canyons to the 
                point where the segment exits the Fossil Spring 
                Wilderness, as a wild river.
                    ``(B) The approximately 7.5-mile segment from where 
                the segment exits the Fossil Creek Wilderness to the 
                boundary of the Mazatzal Wilderness, as a recreational 
                river.
                    ``(C) The 6.6-mile segment from the boundary of the 
                Mazatzal Wilderness downstream to the confluence with 
                the Verde River, as a wild river.''.

SEC. 3. 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.--Federal and State agencies may 
conduct native fish restoration and barrier maintenance activities in 
accordance with the Environmental Assessment, Decision Notice, and 
Finding of No Significant Impact for the document entitled ``Native 
Fish Restoration in Fossil Creek'' and dated 2004.

SEC. 4. STREAM MONITORING.

    Notwithstanding the amendment made by section 2, the United States 
Geological Survey or any other entity that has been given written 
permission for the activity from the Secretary of Agriculture may 
undertake any necessary activities, including access by any existing 
road, to install, operate, maintain, or otherwise manage 1 or more 
stream flow gauges in Fossil Creek in cooperation with the Forest 
Service for the purpose of monitoring and collecting stream flow and 
other water resource information.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>