II 111th CONGRESS 1st Session S. 40 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.

1.

Short title

This Act may be cited as the Fossil Creek Wild and Scenic River Act.

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. .

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.

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.

5.

Authorization of appropriations

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