[Congressional Record Volume 152, Number 45 (Monday, April 24, 2006)]
[Senate]
[Page S3424]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURNS:
  S. 2633. A bill to grant rights-of-way to owners of dams located in 
the Bitterroot National Forest in the State of Montana, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. BURNS. Mr. President, I rise today to introduce the Bitterroot 
National Forest Dam and Reservoir Maintenance Act. The are 17 
reservoirs in the Bitterroot National Forest and Selway-Bitterroot 
Wilderness Area. These reservoirs not only predate the 1964 Wilderness 
Act and creation of the Selway-Bitterroot Wilderness Area, many predate 
the designation of the Bitterroot National Forest. The reservoirs 
continued use is fundamental to a stable agricultural economy for the 
Bitterroot Valley in western Montana. In addition, these reservoirs 
provide multiple benefits to the people, economy, and natural 
environment of Montana in the form of ground water recharge, flood 
control, and increased late summer streamflows that support riparian 
and fishery habitat needs. In addition, the reservoirs ensure we 
maintain our open spaces by allowing sustainable family ranches and 
farms to continue instead of subdivisions.
  When the Selway-Bitterroot Wilderness Area was adopted as the first 
congressionally designate wilderness area, access roads or trails were 
not specifically identified for access to these dams. Clearly the 1964 
Wilderness Act does provide for some level of access to these existing 
reservoirs for inspection and maintenance. Subsequent wilderness 
legislation establishing wilderness areas after 1964 have excluded 
``cherry-stem'' roads and trails to dams just like these in the 
Bitterroot thus avoiding the problem we have in Montana.
  The Secretary of Agriculture, through the USDA-Forest Service, must 
provide access to these dams. Currently, the exact level of access is 
undefined and debated with each request. For each dam access request 
the Forest Service must comply with the National Environmental Policy 
Act, the Endangered Species Act, the Federal Dam Safety Act, and the 
Wilderness Act. To do so the agency must prepare an environmental 
assessment or environmental impact statement for the proposed access. 
This often requires months to complete and is subject to appeal and 
litigation by those opposed to motorized access to the dams, and in 
some cases those opposed to the use of the existing water rights.
  This legislation will clarify that the administration of the 
reservoirs and rights of ways should reside with the State of Montana 
like all other water rights. The legislation also establishes right of 
ways for the reservoirs and access routes to the reservoirs that would 
pre-empt the Wilderness Act, and National Environmental Policy Act. 
This bill will allow for an efficient means for irrigation companies to 
access the reservoirs to complete inspections, and conduct safety and 
operation maintenance work in a timely manner.
  I look forward to working with my Senate colleagues to secure passage 
of this important legislation.
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