[Congressional Record Volume 159, Number 86 (Monday, June 17, 2013)]
[House]
[Pages H3659-H3660]
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. 876) 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. 876

       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 gentleman from the Northern Mariana Islands 
(Mr. Sablan) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and to include extraneous materials 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, I yield myself such time as I may 
consume.
  This bill was a great bill the first time we passed it, the second 
time we passed it, and it is still a great bill, and it's necessary for 
the good people of Idaho.
  So I would yield such time as he may consume to 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. 876, the Idaho 
Wilderness Water Resources Protection Act. This bipartisan, 
noncontroversial legislation is a technical fix intended to enable the 
Forest Service to authorize and permit existing historical water 
diversions within the Idaho wilderness.
  A few years ago, 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 that the Forest Service did not have the 
authority to issue the lodge a permit to make the necessary repairs.
  As we looked into this issue, we discovered that the Forest Service 
lacked this authority throughout both the Frank Church-River of No 
Return Wilderness, where 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 to me 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.

[[Page H3660]]

  H.R. 876 authorizes the Forest Service to issue special use permits 
for all qualifying historic water systems in these wilderness areas. I 
believe it is important to get ahead of this problem and to ensure that 
the Forest Service has the tools necessary to manage these lands.
  For these reasons, I have introduced H.R. 876. This legislation, 
which was passed by the House during the last two Congresses, allows 
the Forest Service to issue the required special use permits to owners 
of historic water systems, and it 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 have drafted this legislation to ensure that it only impacts 
specific targeted historical diversions--those with valid water rights 
that cannot feasibly be relocated out of the wilderness area.
  H.R. 876 is bipartisan and noncontroversial. 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 am hopeful that we can move 
this bill through the legislative process without delay so that the 
necessary maintenance to these diversions may be completed before the 
damage is beyond repair.
  I urge my Members to support this legislation.
  Mr. SABLAN. Mr. Speaker, I yield myself such time as I may consume.
  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.
  I applaud Chairman Simpson for his legislation, and I support the 
passage of this bill.
  I yield back the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, in closing, when you have diversions 
that predate a ``wilderness'' designation, you need to give them the 
ability to maintain those diversions. This is a good bill.
  I urge my colleagues to vote for it, and more importantly, I urge the 
Senate to finally do something and pass it.
  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. 876.
  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, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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