[Congressional Record Volume 143, Number 104 (Tuesday, July 22, 1997)]
[House]
[Pages H5504-H5505]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PROVIDING FOR MAINTENANCE OF DAMS IN EMIGRANT WILDERNESS

  Mrs. CHENOWETH. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1663) to clarify the intent of the Congress in Public Law 
93-632 to require the Secretary of Agriculture to continue to provide 
for the maintenance of 18 concrete dams and weirs that were located in 
the Emigrant Wilderness at the time the wilderness area was designated 
as wilderness in that Public Law, as amended.
  The Clerk read as follows:

                               H.R. 1663

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. OPERATION AND MAINTENANCE OF EXISTING DAMS AND 
                   WEIRS, EMIGRANT WILDERNESS, STANISLAUS NATIONAL 
                   FOREST, CALIFORNIA.

       The Secretary of Agriculture shall enter into an agreement 
     with a non-Federal entity, under which the entity will 
     retain, maintain, and operate at private expense the 18 
     concrete dams and weirs located within the boundaries of the 
     Emigrant Wilderness in the Stanislaus National Forest, 
     California, as designated by section 2(b) of Public Law 93-
     632 (88 Stat. 2154; 16 U.S.C. 1132 note). The Secretary shall 
     require the entity to operate and maintain the dams and weirs 
     at the level of operation and maintenance that applied to 
     such dams and weirs before the date of the enactment of such 
     Act, January 3, 1975.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Idaho [Mrs. Chenoweth] and the gentleman from American Samoa [Mr. 
Faleomavaega] each will control 20 minutes.
  The Chair recognizes the gentlewoman from Idaho [Mrs. Chenoweth].
  (Mrs. CHENOWETH asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHENOWETH. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 1663, introduced by the gentleman from California 
[Mr. Doolittle], clarifies the intent of Congress in Public Law 93-632 
to require the Secretary of Agriculture to continue to provide for the 
maintenance of 18 concrete and rock impoundment facilities. These 
structures were located in the Emigrant Wilderness area at the time the 
wilderness area was designated as wilderness in that public law, and 
they need to be properly maintained.

[[Page H5505]]

  Additionally, it should be noted for the record that the maintenance 
of the dams and weirs will be done in accordance with the Wilderness 
Act of 1964. It is not the intention of the author nor of the committee 
to allow for motorized vehicles to be used to maintain these 
structures.
  I would like to commend the gentleman from California [Mr. Doolittle] 
for his work on bringing this measure to the House. This is a good 
bill. It protects the interests of the constituents of the gentleman 
from California [Mr. Doolittle] while at the same time it preserves the 
intent of the original law that created the Emigrant Wilderness area. I 
urge Members to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. FALEOMAVAEGA asked and was given permission to revise and extend 
his remarks.)
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise in strong support of this 
legislation sponsored by the gentleman from California [Mr. Doolittle].
  While the concept of dams in the wilderness area may raise concerns, 
this bill addresses some very unique circumstances. The 18 small dams 
and weirs at issue were in existence in 1975 at the time Congress 
designated the Emigrant Wilderness within the Stanislaus National 
Forest in California. The Forest Service has released a draft 
management plan that would provide for the continued maintenance of 7 
of the 18 structures. The bill, however, directs that all 18 structures 
be repaired and maintained.
  Initially, Mr. Speaker, the Forest Service opposed this legislation 
primarily because they were concerned about the added costs of 
repairing and maintaining of these facilities. In response to their 
testimony, the committee adopted a substitute to clarify that the 
maintenance and operation of these facilities shall be at private 
expense.
  It is important to note, Mr. Speaker, that we are grandfathering 
preexisting uses and not providing a blanket exemption from the 
Wilderness Act in this legislation. This bill is about people with 
backpacks, not bulldozers, who will be involved in the repair and 
maintenance of these small structures. The legislation does not 
contemplate that motorized vehicles of any kind will be allowed in the 
wilderness area.
  The small lakes created by these dams receive heavy use by 
recreationists, including fishermen. A positive aspect of this bill is 
that the recreational uses are more widely dispersed, rather than 
concentrated in fewer areas as would be the case if the dams were 
allowed to deteriorate.

                              {time}  1445

  Mr. Speaker, I urge my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHENOWETH. Mr. Speaker, I want to thank the gentleman from 
American Samoa [Mr. Faleomavaega] for his comments. My colleague is 
indeed right; the maintenance chores will not be done by bulldozers but 
rather individuals with backpacks.
  Mr. Speaker, I yield back the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Snowbarger). The question is on the 
motion offered by the gentlewoman from Idaho [Mrs. Chenoweth] that the 
House suspend the rules and pass the bill, H.R. 1663, as amended.
  The question was taken.
  Mr. FALEOMAVAEGA. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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