[Congressional Record Volume 160, Number 106 (Wednesday, July 9, 2014)]
[Senate]
[Page S4356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            IDAHO WILDERNESS WATER RESOURCES PROTECTION ACT

  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, was ordered to a third 
reading and was read the third time.

                                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.

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