[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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