[Congressional Record Volume 145, Number 156 (Monday, November 8, 1999)]
[House]
[Pages H11657-H11659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              EMIGRANT WILDERNESS PRESERVATION ACT OF 1999

  Mr. DOOLITTLE. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 359) to clarify the intent of Congress in Public Law 93-
632 to require the Secretary of Agriculture to continue to provide for 
the maintenance and operation of 18 concrete dams and weirs that were 
located in the Emigrant Wilderness at the time the wilderness area was 
designated in that Public Law, as amended.
  The Clerk read as follows:

                                H.R. 359

       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 ``Emigrant Wilderness 
     Preservation Act of 1999''.

     SEC. 2. OPERATION AND MAINTENANCE OF CERTAIN WATER 
                   IMPOUNDMENT STRUCTURES IN THE EMIGRANT 
                   WILDERNESS, STANISLAUS NATIONAL FOREST, 
                   CALIFORNIA.

       (a) Cooperative Agreement For Maintenance and Operation.--
     The Secretary of Agriculture shall enter into a cooperative 
     agreement with a non-Federal entity described in subsection 
     (c), under which the entity will retain, maintain, and 
     operate at private expense the water impoundment structures 
     specified in subsection (b) that are 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).
       (b) Covered Water Impoundment Structures.--The cooperative 
     agreement required by subsection (a) shall cover the water 
     impoundment structures located at the following:
       (1) Cow Meadow Lake.
       (2) Y-Meadow Lake.
       (3) Huckleberry Lake.
       (4) Long Lake.
       (5) Lower Buck Lake.
       (6) Leighton Lake.
       (7) High Emigrant Lake.
       (8) Emigrant Meadow Lake.
       (9) Middle Emigrant Lake.
       (10) Emigrant Lake.
       (11) Snow Lake.
       (12) Bigelow Lake.
       (c) Eligible Entity.--The following non-Federal entities 
     are eligible to enter into the cooperative agreement under 
     subsection (a):
       (1) A non-profit organization as defined in section 
     501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
     501(c)(3)).
       (2) The State of California or a political subdivision of 
     the State.
       (3) A private individual, organization, corporation, or 
     other legal entity.
       (d) Responsibilities of the Secretary.--
       (1) Map.--The Secretary of Agriculture shall prepare a map 
     identifying the location, size, and type of each water 
     impoundment structure covered by the cooperative agreement 
     under subsection (a).
       (2) Terms and conditions of agreement.--The Secretary shall 
     prescribe the terms and

[[Page H11658]]

     conditions of the cooperative agreement, which shall set 
     forth the rights and obligations of the Secretary and the 
     non-Federal entity. At a minimum, the cooperative agreement 
     shall--
       (A) require the non-Federal entity to operate and maintain 
     the water impoundment structures covered by the agreement in 
     accordance with a plan of operations approved by the 
     Secretary;
       (B) require approval by the Secretary of all operation and 
     maintenance activities to be conducted by the non-Federal 
     entity;
       (C) require the non-Federal entity to comply with all 
     applicable State and Federal environmental, public health, 
     and safety requirements; and
       (D) establish enforcement standards, including termination 
     of the cooperative agreement for noncompliance by the non-
     Federal entity with the terms and conditions.
       (3) Compliance.--The Secretary shall ensure that the non-
     Federal entity remains in compliance with the terms and 
     conditions of this section and the cooperative agreement.
       (e) Responsibilities of the Non-Federal Entity.--The non-
     Federal entity shall be responsible for--
       (1) carrying out its operation and maintenance activities 
     with respect to the water impoundment structures covered by 
     the cooperative agreement under subsection (a) in conformance 
     with this section and the cooperative agreement; and
       (2) the costs associated with the maintenance and operation 
     of the structures.
       (f) Prohibition on Use of Mechanized Transport and 
     Motorized Equipment.--The non-Federal entity may not use 
     mechanized transport or motorized equipment--
       (1) to operate or maintain the water impoundment structures 
     covered by the cooperative agreement under subsection (a); or
       (2) to otherwise conduct activities in the Emigrant 
     Wilderness pursuant to the cooperative agreement.
       (g) Expansion of Agreement to Cover Additional 
     Structures.--In the case of the six water impoundment 
     structures located within the boundaries of the Emigrant 
     Wilderness, but not specified in subsection (b), the 
     Secretary of Agriculture may expand the scope of the 
     cooperative agreement under subsection (a), with the consent 
     of the State of California and the other party to the 
     agreement, to include one or more of these structures, 
     subject to the same terms and conditions as apply to the 
     structures specified in subsection (b).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Agriculture $20,000 to 
     cover administrative costs incurred by the Secretary to 
     comply with the requirements of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) in carrying out 
     this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Doolittle) and the gentleman from California (Mr. 
Dooley) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Doolittle).
  Mr. DOOLITTLE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, this legislation, the Emigrant Wilderness Preservation 
Act of 1999, was designed to provide for the maintenance and operation 
of 18 small water empowerment structures within the Emigrant 
Wilderness.
  Similar legislation last Congress, H.R. 1663, received overwhelming 
support when it was brought before this House, passing on the floor by 
a vote of 424 to 2. The Emigrant Wilderness's 18 check dam system was 
built between 1921 and 1954 through the combined efforts of the U.S. 
Forest Service, the California Conservation Corps., and local volunteer 
groups.
  This system works to enhance the high elevation lake fisheries and 
species habitat by keeping year-round flows in the streams. Although, I 
feel it is imperative that all 18 dams be maintained and operated, in 
an effort to move this legislation and allow for the immediate 
preservation of the fisheries and ecosystem of this area, I have come 
to an agreement with my colleague the gentleman from California (Mr. 
Miller).
  I have submitted an amendment in the nature of a substitute that has 
bipartisan support decreasing the number of water empowerment 
structures preserved in this legislation from 18 to 12.
  H.R. 359 will allow a non-Federal entity to pay the cost of 
maintaining and repairing these substantially unnoticeable structures 
by allowing the Secretary of Agriculture to enter into a cooperative 
agreement providing the non-Federal entity the opportunity to conduct 
the necessary maintenance. By providing for the continued maintenance 
and operation of these 12 structures, we will protect the stream flow 
system within the Emigrant Wilderness that for over 70 years has 
maintained an ecosystem of lakes, streams, and meadows upon which many 
species, including the great American bald eagle, depend.
  If these small, unnoticeable structures are allowed to deteriorate, 
many of the lakes and streams will dry up during the summer and fall 
months, resulting in negative impacts on the ecosystem fisheries, 
recreation, and the area's tourism economy.
  Madam speaker, I offer this amendment in the nature of a substitute 
as a bipartisan effort to preserve and protect the important historical 
research within the Emigrant Wilderness. It is my hope that we can move 
this bill forward with the same resounding support it had last 
Congress.
  I ask for the support of my colleagues and urge them to vote for this 
legislation.

                              {time}  1445

  Mr. DOOLEY of California. Madam Speaker, I yield myself such time as 
I may consume.
  (Mr. DOOLEY of California asked and was given permission to revise 
and extend his remarks.)
  Mr. DOOLEY of California. Madam Speaker, I rise in support of this 
legislation. This bill would authorize the Forest Service to continue 
to maintain small water impoundment structures located within the 
Emigrant Wilderness Area of the Stanislaus National Forest in 
California. The legislation was reported unanimously by the Committee 
on Resources on May 5 of this year, and it has been further refined by 
the sponsor to reflect priorities of the California Department of Fish 
and Game.
  The 18 small dams and weirs at issue were built earlier in this 
century and were in existence long before Congress designated the 
Emigrant Wilderness in 1974. In fact, seven other structures are 
eligible for the National Register of Historic Places. For many years 
after the wilderness was created, several structures were maintained 
for their recreational fisheries values by the California Department of 
Fish and Game.
  While it is clear that Congress was well aware of the water 
impoundment structures when the wilderness was created in 1974, the 
authority for continued maintenance has been brought into question. 
Accordingly, the purpose of this bill is to authorize a public process, 
consistent with NEPA, for the Forest Service to determine the levels of 
necessary maintenance.
  It is important to recognize that nothing in the legislation provides 
for any authority for motorized intrusion in the wilderness area. This 
is a very unique circumstance and the legislation is not intended to 
set a precedent for other wilderness areas.
  What is contemplated under the bill is that community volunteers 
would offer their time and effort and perform the necessary work under 
the supervision and according to standards set by the Forest Service. 
As amended, the bill provides that the 12 structures identified by the 
Department of Fish and Game be considered as priorities for retention. 
One or more of the other six structures may also be eligible for 
maintenance, subject to the consent of the Forest Service and the State 
of California.
  Madam Speaker, I also would note that the legislation has been 
endorsed by California Trout, Trout Unlimited, and the Backcountry 
Horsemen of California, whose members are interested in volunteering 
time to do the repairs. In closing, I want to recognize the work that 
the gentleman from California (Mr. Doolittle) has done on this bill. I 
urge support for it from our colleagues.
  Madam Speaker, I yield back the balance of my time.
  Mr. DOOLITTLE. Madam Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion 
offered by the gentleman from California (Mr. Doolittle) that the House 
suspend the rules and pass the bill, H.R. 359, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to clarify 
the intent of Congress in Public Law 93-632 to require the Secretary of 
Agriculture to

[[Page H11659]]

 continue to provide for the maintenance and operation of certain water 
impoundment structures that were located in the Emigrant Wilderness at 
the time the wilderness area was designated in that Public Law.''.
  A motion to reconsider was laid on the table.

                          ____________________