[Senate Report 110-283]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 635
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-283

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



 
                 FOSSIL CREEK WILD AND SCENIC RIVER ACT

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                          [To accompany S. 86]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 86) to designate segments of Fossil 
Creek, a tributary to the Verde River in the State of Arizona, 
as wild and scenic rivers, having considered the same, reports 
favorably thereon with an amendment and an amendment to the 
title and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Fossil Creek Wild and Scenic River 
Act''.

SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.

  Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
amended--
          (1) by redesignating paragraph (167) (relating to the 
        Musconetcong River, New Jersey) as paragraph (169);
          (2) by designating the undesignated paragraph relating to the 
        White Salmon River, Washington, as paragraph (167);
          (3) by designating the undesignated paragraph relating to the 
        Black Butte River, California, as paragraph (168); and
          (4) by adding at the end the following:
          ``(170) Fossil creek, arizona.--Approximately 16.8 miles of 
        Fossil Creek from the confluence of Sand Rock and Calf Pen 
        Canyons to the confluence with the Verde River, to be 
        administered by the Secretary of Agriculture in the following 
        classes:
                  ``(A) The approximately 2.7-mile segment from the 
                confluence of Sand Rock and Calf Pen Canyons to the 
                point where the segment exits the Fossil Spring 
                Wilderness, as a wild river.
                  ``(B) The approximately 7.5-mile segment from where 
                the segment exits the Fossil Creek Wilderness to the 
                boundary of the Mazatzal Wilderness, as a recreational 
                river.
                  ``(C) The 6.6-mile segment from the boundary of the 
                Mazatzal Wilderness downstream to the confluence with 
                the Verde River, as a wild river.''.

SEC. 3. RESTORATION ACTIVITIES.

  (a) Arizona Public Service Company.--Without further consultation 
under section 7 of the Wild and Scenic Rivers Act (16 U.S.C. 1278), 
Arizona Public Service Company, the former licensee for the Childs-
Irving Hydroelectric Project (FERC project number 2069), may conduct 
project decommissioning and restoration activities agreed to in the 
surrender application and relevant docketed filings with the Federal 
Energy Regulatory Commission.
  (b) Federal and State Agencies.--Federal and State agencies may 
conduct native fish restoration and barrier maintenance activities in 
accordance with the Environmental Assessment, Decision Notice, and 
Finding of No Significant Impact for the document entitled ``Native 
Fish Restoration in Fossil Creek'' and dated 2004.

SEC. 4. STREAM MONITORING.

  Notwithstanding the amendment made by section 2, the United States 
Geological Survey or any other entity that has been given written 
permission for the activity from the Secretary of Agriculture may 
undertake any necessary activities, including access by any existing 
road, to install, operate, maintain, or otherwise manage 1 or more 
stream flow gauges in Fossil Creek in cooperation with the Forest 
Service for the purpose of monitoring and collecting stream flow and 
other water resource information.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are necessary to 
carry out this Act.

    2. Amend the title so as to read: ``A bill to designate 
Fossil Creek, a tributary of the Verde River in the State of 
Arizona, as a component of the National Wild and Scenic Rivers 
System.''.

                                Purpose

    The purpose of S. 86 is to designate approximately 16.8 
miles of Fossil Creek, located in the State of Arizona, as a 
component of the National Wild and Scenic Rivers System.

                          Background and Need

    Located in central Arizona, Fossil Creek is a unique warm-
water perennial stream that flows from a complex of springs 14 
miles to the Verde River, which has been designated a wild and 
scenic river. Located in the Mazatzal Mountains, Fossil Creek 
flows through remote and rugged terrain including a portion of 
the Mazatzal Wilderness. Fossil Springs produces a constant 
supply of water that is approximately 70 degrees Fahrenheit and 
the creek is known for its travertine pools. The creek also 
provides important habitat for a diverse native fisheries 
population.
    From 1908 to 2005, almost all of the natural flow of Fossil 
Creek was removed from the creek for the Childs-Irving 
hydroelectric project, operated by Arizona Public Service. In 
2004 APS agreed not to seek renewal of the license and began a 
plan to decommission the supporting infrastructure so that 
natural flows could be restored to Fossil Creek.
    S. 86 would designate approximately 16.8 miles of Fossil 
Creek as a wild and scenic river in recognition of its 
outstanding resource values. The bill would recognize that 
ongoing project decommissioning activities and restoration 
efforts would be allowed to continue.

                          Legislative History

    S. 86 was introduced by Senators McCain and Kyl on January 
4, 2007. The Subcommittee on National Parks held a hearing on 
the bill on November 8, 2007. (S. Hrg. 110-282.) At its 
business meeting on January 30, 2008, the Committee on Energy 
and Natural Resources ordered S. 86 favorably reported with an 
amendment in the nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 86, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 86, the Committee adopted an 
amendment in the nature of a substitute. The amendment deleted 
the findings section and made other conforming changes. The 
amendment is explained in detail in the section-by-section 
analysis, below.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Fossil Creek Wild 
and Scenic River Act.''
    Section 2 amends section 3(a) of the Wild and Scenic Rivers 
Act (12 U.S.C. 1274(a)) to designate approximately 16.8 miles 
of Fossil Creek in Arizona as a component of the National Wild 
and Scenic Rivers System. Approximately 9.3 miles would be 
designated as ``wild'' segments, and approximately 7.5 miles 
would be designated as a ``recreational'' segment.
    Section 3(a) authorizes Arizona Public Service Company, the 
former licensee for the Childs-Irving Hydroelectric Project, to 
conduct project decommissioning and restoration activities as 
agreed to with the Federal Energy Regulatory Commission, 
without requirements for further consultation under section 7 
of the Wild and Scenic Rivers Act.
    Subsection (b) authorizes Federal and State agencies to 
conduct native fish restoration and barrier maintenance 
activities in accordance with the referenced documents.
    Section 4 provides that the United States Geological Survey 
or any other entity that has written permission from the 
Secretary of Agriculture may undertake activities related to 
stream flow gauges in Fossil Creek, for the purpose of 
monitoring and collecting stream flow and other water resource 
information.
    Section 5 authorizes the appropriation of such sums as are 
necessary to carry out this Act.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 86--Fossil Creek Wild and Scenic River Act of 2007

    S. 86 would designate about 17 miles of Fossil Creek, in 
Arizona, as a wild or recreational river. The bill also would 
authorize the Arizona Public Service Company to decommission 
river projects and conduct restoration activities along Fossil 
Creek.
    Assuming the availability of appropriated funds, CBO 
estimates that it would cost less than $1 million over the 
2009-2013 period to carry out the activities authorized by the 
bill. Enacting this legislation would not affect direct 
spending or revenues.
    S. 86 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Tyler Kruzich. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 86. The bill is not a regulatory measure in the 
sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 86, as ordered reported.

                   Congressionally Directed Spending

    S. 86, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the Forest Service at the 
November 8, 2007 Subcommittee hearing on S. 86 follows:

Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest 
                   Service, Department of Agriculture

    Mr. Chairman and members of the subcommittee, I appreciate 
the opportunity to appear before you today to provide the 
Department's view on the Fossil Creek Wild and Scenic River Act 
of 2007.
    With some minor amendments, the Department of Agriculture 
strongly recommends that S. 86 be enacted.
    S. 86 would amend section 3(a) of the Wild and Scenic 
Rivers Act (16 USC 1274(a)) to designate Fossil Creek, a 
tributary of the Verde River in the State of Arizona, as a 
component of the National Wild and Scenic Rivers System. The 
segments to be designated by S. 86 include the river from its 
source to its confluence with the Verde Wild and Scenic River. 
S. 86 provides allowance for specified fish restoration 
activities and stream flow monitoring.
    Fossil Creek has been impacted since the early 20th century 
by the Childs-Irving Hydropower Project which diverted 
essentially all the water from Fossil Springs for power 
production. In 2004, as a result of a unique collaboration 
among Arizona Public Services (APS), the Forest Service, 
tribes, environmental groups and others, the Childs- Irving 
Hydropower Project license was surrendered with a plan to 
decommission the supporting infrastructure and restore flows to 
Fossil Creek.
    APS supported the decommissioning of this project to give 
the residents of the State a perennial stream in the desert 
that possesses rare regional and national values. Fossil Creek, 
with its consistent spring flow, harbors the endangered desert 
fish, contains unique geologic formations, and provides an 
opportunity to share the prehistory and history of central 
Arizona.
    S. 86 recognizes the significant efforts made by Federal, 
State, tribal and local entities to return this tributary to a 
free-flowing condition. Passage of this bill ensures the 
protection of this tributary for future generations.
    We would like to work with the Subcommittee on ensuring 
consistency in the language of this bill, and the Wild and 
Scenic Rivers Act, and Forest Service reports and analyses of 
Fossil Creek.
    In addition, the uppermost point of the Fossil Creek 
tributary is difficult to identify. We would like to work with 
the Subcommittee to provide a description of this beginning 
point. We also would like to ensure that the designated river 
segments are accurately classified. Due to the existence of the 
Fossil Springs Dam, the 16.8 mile stretch of Fossil Creek that 
would be designated includes a 7.5 mile stretch that fits the 
description for a recreation river, rather than a scenic river.
    This concludes my prepared statement and I would be pleased 
to answer any questions you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 86 as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                       WILD AND SCENIC RIVERS ACT


             (Public Law 90-542; Approved October 2, 1968)


                        [16 U.S.C. 1271 et seq.]


  AN ACT To provide a National Wild and Scenic Rivers System, and for 
                             other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
this Act may be cited as the ``Wild and Scenic Rivers Act''.

           *       *       *       *       *       *       *

    Sec. 3(a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:

           *       *       *       *       *       *       *

          (167) White salmon river, washington.--

           *       *       *       *       *       *       *

          (168) Black butte river, california.--

           *       *       *       *       *       *       *

          [(167)] (169) Musconetcong river, new jersey.--

           *       *       *       *       *       *       *

          (170) Fossil Creek, Arizona.--Approximately 16.8 
        miles of Fossil Creek from the confluence of Sand Rock 
        and Calf Pen Canyons to the confluence with the Verde 
        River, to be administered by the Secretary of 
        Agriculture in the following classes:
                  (A) The approximately 2.7-mile segment from 
                the confluence of San Rock and Calf Pen Canyons 
                to the point where the segment exists the 
                Fossil Creek Wilderness, as a wild river;
                  (B) The approximately 7.5-mile segment from 
                where the segment exits the Fossil Creek 
                Wilderness to the boundary of the Mazatzal 
                Wilderness, as a recreational river.
                  (C) The 6.6-mile segment from the boundary of 
                the Mazatzal Wilderness downstream to the 
                confluence with the Verde River, as a wild 
                river.

           *       *       *       *       *       *       *


                                  
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