[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.
____________________