[Congressional Record Volume 147, Number 116 (Monday, September 10, 2001)]
[House]
[Pages H5463-H5464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EMIGRANT WILDERNESS PRESERVATION ACT OF 2001
Mr. PETERSON of Pennsylvania. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 434) to direct the Secretary of
Agriculture to enter into a cooperative agreement to provide for
retention, maintenance, and operation, at private expense, of the 18
concrete dams and weirs located within the boundaries of the Emigrant
Wilderness in the Stanislaus National Forest, California, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 434
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 2001''.
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,
[[Page H5464]]
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 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
Pennsylvania (Mr. Peterson) and the gentlewoman from the Virgin Islands
(Mrs. Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Peterson).
{time} 1430
Mr. PETERSON of Pennsylvania. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, I thank my friend and colleague, the gentleman from
California (Mr. Doolittle), for his work on H.R. 434, the Emigrant
Wilderness Protection Act. This bill would give the Secretary of
Agriculture the authority to enter into a cooperative agreement with
non-Federal entities to retain, maintain and operate at private expense
the 12 small check dams and weirs, located within the Emigrant
Wilderness boundary. The work would be down under terms and conditions
established by the Secretary and without use of mechanized transport or
motorized equipment. The bill authorizes $20,000 to be appropriated to
cover administrative costs incurred by the Secretary to comply with the
National Environmental Policy Act.
Although not specifically indicated within the legislation, it is
widely believed to have been the intent of Congress when it passed the
Emigrant Wilderness Act in 1974 to preserve the 18 check dam
structures. Report language for the 1974 act explained: ``Within the
area recommended for wilderness designation, there are drift fences,
five miles, which will be maintained, but several cabins and barns will
be removed within 10 years. Two snow cabins will be retained. The weirs
and small dams will likewise be retained,'' House Report No. 93-989,
page 10, April 11, 1974.
This is a good, well thought-out, common-sense bill, Mr. Speaker; and
I urge my colleagues to support the measure.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 434 would allow for the nonmotorized maintenance and repair of
12 concrete dams in the Emigrant Wilderness in the Stanislaus National
Forest in California. The bill would allow the Forest Service to enter
into cooperative agreements to delegate the maintenance work and
expense to private properties. These structures were built between 1931
and 1954 and were in existence when Congress designated the Wilderness
area in 1974. Several provide water during the dry seasons for trout
habitat.
Although dams generally do not belong in Wilderness and the forest
planning process is addressing this issue, several factors make the
bill acceptable: first, litigation threatens to drag the planning
process out for years. Second, these dams, some of which are eligible
for listing on the National Register for Historic Places, predate the
establishment of the Wilderness, have a history of nonmotorized
maintenance, and are, for the most part, unobtrusive. Finally, the
expense is not borne by the taxpayer.
As reported out of committee, this bill represents a reasonable
compromise, reducing the number of dams maintained from 18 to 12 and
mirroring the bill that passed the House last Congress. I urge my
colleagues to support it.
Mr. Speaker, I yield back the balance of my time.
Mr. PETERSON of Pennsylvania. Mr. Speaker, I have no further requests
for time, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Isakson). The question is on the motion
offered by the gentleman from Pennsylvania (Mr. Peterson) that the
House suspend the rules and pass the bill, H.R. 434, 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 direct
the Secretary of Agriculture to enter into a cooperative agreement to
provide for retention, maintenance, and operation, at private expense,
of 12 concrete dams and weirs located within the boundaries of the
Emigrant Wilderness in the Stanislaus National Forest, California, and
for other purposes.''.
A motion to reconsider was laid on the table.
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