[Congressional Record Volume 158, Number 59 (Tuesday, April 24, 2012)]
[House]
[Pages H2047-H2048]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            IDAHO WILDERNESS WATER RESOURCES PROTECTION ACT

  Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 2050) to authorize the continued use of certain water 
diversions located on National Forest System land in the Frank Church-
River of No Return Wilderness and the Selway-Bitterroot Wilderness in 
the State of Idaho, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2050

       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 ``Idaho Wilderness Water 
     Resources Protection Act''.

     SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN FRANK 
                   CHURCH-RIVER OF NO RETURN WILDERNESS AND 
                   SELWAY-BITTERROOT WILDERNESS, IDAHO.

       (a) Authorization for Continued Use.--The Secretary of 
     Agriculture shall issue a special use authorization to the 
     owners of a water storage, transport, or diversion facility 
     (in this section referred to as a ``facility'') located on 
     National Forest System land in the Frank Church-River of No 
     Return Wilderness and the Selway-Bitterroot Wilderness for 
     the continued operation, maintenance, and reconstruction of 
     the facility if the Secretary determines that--
       (1) the facility was in existence on the date on which the 
     land upon which the facility is located was designated as 
     part of the National Wilderness Preservation System (in this 
     section referred to as ``the date of designation'');
       (2) the facility has been in substantially continuous use 
     to deliver water for the beneficial use on the owner's non-
     Federal land since the date of designation;
       (3) the owner of the facility holds a valid water right for 
     use of the water on the owner's non-Federal land under Idaho 
     State law, with a priority date that predates the date of 
     designation; and
       (4) it is not practicable or feasible to relocate the 
     facility to land outside of the wilderness and continue the 
     beneficial use of water on the non-Federal land recognized 
     under State law.
       (b) Terms and Conditions.--
       (1) Required terms and conditions.--In a special use 
     authorization issued under subsection (a), the Secretary 
     shall--
       (A) allow use of motorized equipment and mechanized 
     transport for operation, maintenance, or reconstruction of a 
     facility, if the Secretary determines that--
       (i) the use is necessary to allow the facility to continue 
     delivery of water to the non-Federal land for the beneficial 
     uses recognized by the water right held under Idaho State 
     law; and
       (ii) the use of nonmotorized equipment and nonmechanized 
     transport is impracticable or infeasible; and
       (B) preclude use of the facility for the storage, 
     diversion, or transport of water in excess of the water right 
     recognized by the State of Idaho on the date of designation.
       (2) Discretionary terms and conditions.--In a special use 
     authorization issued under subsection (a), the Secretary 
     may--
       (A) require or allow modification or relocation of the 
     facility in the wilderness, as the Secretary determines 
     necessary, to reduce impacts to wilderness values set forth 
     in section 2 of the Wilderness Act (16 U.S.C. 1131) if the 
     beneficial use of water on the non-Federal land is not 
     diminished; and
       (B) require that the owner provide a reciprocal right of 
     access across the non-Federal property, in which case, the 
     owner shall receive market value for any right-of-way or 
     other interest in real property conveyed to the United 
     States, and market value may be paid by the Secretary, in 
     whole or in part, by the grant of a reciprocal right-of-way, 
     or by reduction of fees or other costs that may accrue to the 
     owner to obtain the authorization for water facilities.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Bishop) and the gentlewoman from Massachusetts (Ms. Tsongas) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. BISHOP of Utah. I ask unanimous consent that all Members may have 
5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  Mr. BISHOP of Utah. Mr. Speaker, again we have a bill that does a 
great job in solving a problem that should have been solved a long time 
ago, especially if the Senate would ever listen to it.
  To introduce his bill, I would like to yield such time as he may 
consume to the sponsor of the bill, the gentleman from Idaho (Mr. 
Simpson).
  Mr. SIMPSON. I thank the gentleman from Utah for yielding.
  Mr. Speaker, I rise today in support of H.R. 2050, the Idaho 
Wilderness Water Resources Protection Act.

[[Page H2048]]

  This bipartisan, noncontroversial legislation is a technical fix 
intended to enable the Forest Service to authorize and permit existing 
historical water diversions within Idaho wilderness.
  Last Congress, one of my constituents came to me for help with a 
problem. The Middle Fork Lodge has a water diversion within the Frank 
Church-River of No Return Wilderness Area that existed before the 
wilderness area was established and is protected under statute. The 
diversion was beginning to leak and was in desperate need of repairs to 
ensure that it did not threaten the environment and watershed, but it 
turned out the Forest Service did not have the authority to issue the 
lodge a permit to make the necessary repairs.
  As we looked at this issue, we discovered that the Forest Service 
lacked the authority throughout both the Frank Church Wilderness area, 
of which there are 22 known water developments, and the Selway-
Bitterroot Wilderness, where there are three. These diversions are 
primarily used to support irrigation and minor hydropower generation 
for use on non-Federal lands. While the critical situation at the 
Middle Fork Lodge brought this issue to my attention, it is obvious 
that this problem is larger than just one diversion. At some point in 
the future, all 25 of these existing diversions will need maintenance 
or repair work done to ensure their integrity.
  H.R. 2050 authorizes the Forest Service to issue special use permits 
for all qualifying historic water systems in these wilderness areas. I 
believe this is important that we get ahead of this problem and ensure 
the Forest Service has the tools necessary to manage these lands.
  For these reasons, I've introduced H.R. 2050. The legislation, which 
was passed by the House last Congress, allows the Forest Service to 
issue the required special use permits to owners of historic water 
systems and sets out specific criteria for doing so. Providing this 
authority will ensure that existing water diversions can be properly 
maintained and repaired when necessary and preserves beneficial use for 
private property owners who hold water rights under State law.
  I have deeply appreciated the cooperation of the Forest Service in 
addressing this problem. Not only have they communicated with me the 
need to find a systemwide solution to this issue, but at my request, 
they drafted this legislation to ensure that it only impacts specific 
targeted historical diversions--those with valid water rights that 
cannot feasibly be relocated outside of the wilderness area.
  H.R. 2050 is bipartisan and noncontroversial. I know of no opposition 
to this bill. It is intended as a simple, reasonable solution to a 
problem that I think we can all agree should be solved as quickly as 
possible. I'm encouraged that the committee held hearings on this bill, 
and I am hopeful that we can move it through the legislative process 
without delay so that the necessary maintenance to these diversions may 
be completed before the damage is beyond repair.
  I thank the gentleman from Utah for yielding this time to me.
  Ms. TSONGAS. Mr. Speaker, I yield myself such time as I may consume.
  (Ms. TSONGAS asked and was given permission to revise and extend her 
remarks.)
  Ms. TSONGAS. This legislation provides commonsense access to maintain 
water facilities within the Frank Church-River of No Return Wilderness 
area. These water features were present prior to the congressional 
designation of Wilderness and are necessary to protect individual water 
rights in the State. We applaud Chairman Simpson for his legislation 
and support the passage of this bill.
  I yield back the balance of my time.
  Mr. BISHOP of Utah. Again, this is an issue that has been recognized 
and is a solution that Mr. Simpson has presented, and I urge its 
adoption.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Bishop) that the House suspend the rules and 
pass the bill, H.R. 2050.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BISHOP of Utah. 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 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

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