[House Report 107-201]
[From the U.S. Government Publishing Office]



                                                                       
107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-201

======================================================================



 
              EMIGRANT WILDERNESS PRESERVATION ACT OF 2001

                                _______
                                

 September 6, 2001.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 434]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 434) to direct the Secretary of Agriculture to enter into 
a cooperative agreement to provide for retention, maintenance, 
and operation, at private expense, of the 18 concrete dams and 
weirs located within the boundaries of the Emigrant Wilderness 
in the Stanislaus National Forest, California, and for other 
purposes, having considered the same, report favorably thereon 
with amendments and recommend that the bill as amended do pass.
    The amendments are as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Emigrant Wilderness Preservation Act 
of 2001''.

SEC. 2. OPERATION AND MAINTENANCE OF CERTAIN WATER IMPOUNDMENT 
                    STRUCTURES IN THE EMIGRANT WILDERNESS, STANISLAUS 
                    NATIONAL FOREST, CALIFORNIA.

  (a) Cooperative Agreement for Maintenance and Operation.--The 
Secretary of Agriculture shall enter into a cooperative agreement with 
a non-Federal entity described in subsection (c), under which the 
entity will retain, maintain, and operate at private expense the water 
impoundment structures specified in subsection (b) that are located 
within the boundaries of the Emigrant Wilderness in the Stanislaus 
National Forest, California, as designated by section 2(b) of Public 
Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note).
  (b) Covered Water Impoundment Structures.--The cooperative agreement 
required by subsection (a) shall cover the water impoundment structures 
located at the following:
          (1) Cow Meadow Lake.
          (2) Y-Meadow Lake.
          (3) Huckleberry Lake.
          (4) Long Lake.
          (5) Lower Buck Lake.
          (6) Leighton Lake.
          (7) High Emigrant Lake.
          (8) Emigrant Meadow Lake.
          (9) Middle Emigrant Lake.
          (10) Emigrant Lake.
          (11) Snow Lake.
          (12) Bigelow Lake.
  (c) Eligible Entity.--The following non-Federal entities are eligible 
to enter into the cooperative agreement under subsection (a):
          (1) A non-profit organization as defined in section 501(c)(3) 
        of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
          (2) The State of California or a political subdivision of the 
        State.
          (3) A private individual, organization, corporation, or other 
        legal entity.
  (d) Responsibilities of the Secretary.--
          (1) Map.--The Secretary of Agriculture shall prepare a map 
        identifying the location, size, and type of each water 
        impoundment structure covered by the cooperative agreement 
        under subsection (a).
          (2) Terms and conditions of agreement.--The Secretary shall 
        prescribe the terms and conditions of the cooperative 
        agreement, which shall set forth the rights and obligations of 
        the Secretary and the non-Federal entity. At a minimum, the 
        cooperative agreement shall--
                  (A) require the non-Federal entity to operate and 
                maintain the water impoundment structures covered by 
                the agreement in accordance with a plan of operations 
                approved by the Secretary;
                  (B) require approval by the Secretary of all 
                operation and maintenance activities to be conducted by 
                the non-Federal entity;
                  (C) require the non-Federal entity to comply with all 
                applicable State and Federal environmental, public 
                health, and safety requirements; and
                  (D) establish enforcement standards, including 
                termination of the cooperative agreement for 
                noncompliance by the non-Federal entity with the terms 
                and conditions.
          (3) Compliance.--The Secretary shall ensure that the non-
        Federal entity remains in compliance with the terms and 
        conditions of this section and the cooperative agreement.
  (e) Responsibilities of the Non-Federal Entity.--The non-Federal 
entity shall be responsible for--
          (1) carrying out its operation and maintenance activities 
        with respect to the water impoundment structures covered by the 
        cooperative agreement under subsection (a) in conformance with 
        this section and the cooperative agreement; and
          (2) the costs associated with the maintenance and operation 
        of the structures.
  (f) Prohibition on Use of Mechanized Transport and Motorized 
Equipment.--The non-Federal entity may not use mechanized transport or 
motorized equipment--
          (1) to operate or maintain the water impoundment structures 
        covered by the cooperative agreement under subsection (a); or
          (2) to otherwise conduct activities in the Emigrant 
        Wilderness pursuant to the cooperative agreement.
  (g) Expansion of Agreement to Cover Additional Structures.--In the 
case of the six water impoundment structures located within the 
boundaries of the Emigrant Wilderness, but not specified in subsection 
(b), the Secretary of Agriculture may expand the scope of the 
cooperative agreement under subsection (a), with the consent of the 
State of California and the other party to the agreement, to include 
one or more of these structures, subject to the same terms and 
conditions as apply to the structures specified in subsection (b).
  (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Agriculture $20,000 to cover 
administrative costs incurred by the Secretary to comply with the 
requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) in carrying out this section.

  Amend the title so as to read:

    A bill to direct the Secretary of Agriculture to enter into 
a cooperative agreement to provide for retention, maintenance, 
and operation, at private expense, of 12 concrete dams and 
weirs located within the boundaries of the Emigrant Wilderness 
in the Stanislaus National Forest, California, and for other 
purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 434, as ordered reported, is to direct 
the Secretary of Agriculture to enter into a cooperative 
agreement to provide for the retention, maintenance, and 
operation, at private expense, of 12 concrete dams and weirs 
located within the boundaries of the Emigrant Wilderness in the 
Stanislaus National Forest, California, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Between 1931 and 1954, 18 small dams and concrete weirs 
were constructed throughout the Stainislaus National Forest, 
California, in order to provide lakes and ponds for enhanced 
fish and wildlife habitat. These dams were built from native 
rock so as to blend in naturally with their surroundings. Most 
of these dams do not exceed two feet in height, and the largest 
dam is approximately seven feet tall. In 1974, the Emigrant 
Wilderness Act (P.L. 93-632) was passed, placing these 
structures within a federally designated wilderness area. Man-
made structures and motorized activity are generally prohibited 
within federally-designated wilderness areas, causing some to 
call into question the current and future status of these 
structures.
    The House Report for the 1974 Emigrant Wilderness Act 
stated that these existing structures were to be retained:

          Within the area recommended for wilderness 
        designation, there are drift fences (5 miles) which 
        will be maintained, but several cabins and barns will 
        be removed within ten years. Two snow cabins will be 
        retained. The weirs and dams will likewise be retained.

(House Report No. 93-989, pg. 10, April 11, 1974). (emphasis 
added).
    As amended in Committee, this legislation provides specific 
authority for the Secretary of Agriculture and the U.S. Forest 
Service to enter into a cooperative agreement with a non-
federal entity for the continued maintenance of 12 of the 18 
specifically named structures. The agreement shall require that 
any maintenance be done under terms and conditions established 
by the Secretary, at private expense, and without the use of 
mechanized transport or motorized equipment. The legislation 
would grant the Secretary of Agriculture discretion to expand 
the agreement to include the remaining six structures. Similar 
legislation passed the House in the 105th Congress by a vote of 
424 to 2, and again in the 106th Congress by voice vote under 
suspension of the rules. However, both of these measures failed 
to be acted upon in the Senate.

                            COMMITTEE ACTION

    H.R 434 was introduced by Congressman John T. Doolittle (R-
CA) on February 6, 2001. The bill was referred to the Committee 
on Resources on February 15, 2001, and within the Committee to 
the Subcommittee on Forests and Forest Health on April 25, 
2001. On June 21, 2001, the Subcommittee held a hearing and 
markup on the bill. Congressman Scott McInnis (R-CO) offered an 
amendment in the nature of a substitute which reduced the 
number of dams and weirs named under the original legislation 
from 18 to 12. The amendment in the nature of a substitute was 
adopted by voice vote. The bill, as amended, was then forwarded 
to the Full Committee by voice vote. On June 27, 2001, the Full 
Resources Committee met to consider the bill. There were no 
further amendments offered, and the bill, as amended, was 
ordered favorably reported to the House of Representatives by 
voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, and Article IV, section 3, of the 
Constitution of the United States, grants Congress the 
authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to direct the 
Secretary of Agriculture to enter into a cooperative agreement 
to provide for the retention, maintenance, and operation, at 
private expense, of 12 concrete dams and weirs located within 
the boundaries of the Emigrant Wilderness in the Stanislaus 
National Forest, California.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 2, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 434, the Emigrant 
Wilderness Preservation Act of 2001.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 434--Emigrant Wilderness Preservation Act of 2001

    CBO estimates that enacting H.R. 434 would have no 
significant impact on the federal budget. Enacting the bill 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. H.R. 434 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act. State and local governments might 
incur some costs as a result of the bill's enactment, but these 
costs would be voluntary.
    H.R. 434 would provide for the maintenance and operation of 
18 concrete dams and weirs in the Emigrant Wilderness within 
the Stanislaus National Forest in California. According to the 
Forest Service, in November 2000 the agency and the California 
Department of Fish and Game agreed to a joint strategy for 
future management of the dams, emphasizing the need to maintain 
eight of the structures. H.R. 434 would direct the Secretary of 
Agriculture to enter into a cooperative agreement with a 
nonfederal entity to retain, maintain, and operate at private 
expense 12 of the 18 dams. Under the bill, the Secretary could 
expand the agreement to include the remaining six structures.
    H.R. 434 would authorize the appropriation of $20,000 to 
cover the costs of environmental reviews. Based on information 
from the Forest Service, CBO estimates that the total cost to 
conduct such environmental analyses could exceed the authorized 
amount. Nevertheless, we estimate that implementing the bill 
would cost less than $50,000 over the 2002-2006 period, 
assuming appropriation of the necessary amounts.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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