[House Report 111-398]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
  2d Session            HOUSE OF REPRESENTATIVES                111-398                                                      =======================================================================
 
                 IDAHO WILDERNESS WATER FACILITIES ACT 

                                _______
                                

January 19, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3538]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3538) 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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Idaho Wilderness Water Facilities 
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 each of the 20 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 or the Selway-
Bitterroot Wilderness (as identified on the map titled ``Unauthorized 
Private Water Diversions located within the Frank Church-River of No 
Return Wilderness'', dated December 14, 2009, or the map titled 
``Unauthorized Private Water Diversions located within the Selway-
Bitterroot Wilderness'', dated December 11, 2009) 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) Equipment, transport, and use 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) after conducting a minimum tool analysis 
                        for the facility, 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) Additional 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3538 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Selway-Bitterroot Wilderness was designated by Congress 
in 1964. Most of its 1,340,502 acres lie in the State of Idaho, 
abutting the Frank Church-River of No Return Wilderness, which 
was designated by Congress in 1980. The area contains some of 
the largest and most rugged remote tracts of land in the lower 
48 states.
    Predating the existence of these two wilderness areas, 
private landowners had received permits to maintain and repair 
water diversions that existed on National Forest System lands. 
The water is used for a combination of purposes, including 
drinking water for private cabins and ranches. Many of the 
permits have since expired, leaving those who own the water 
diversions without any options for mechanically maintaining 
their water systems.
    H.R. 3538 would give the Secretary of Agriculture the 
authority to issue special use authorizations to owners of 
water storage, transport, or diversion facilities within the 
Frank Church-River of No Return Wilderness and the Selway-
Bitterroot Wilderness for the continued maintenance of their 
water facilities. The permits would only be issued if the owner 
could prove that the facility existed prior to the designated 
wilderness, the facility had been used to deliver water to the 
owner's land since the designation, the owner had a valid water 
right, and it would not be practicable to move the facility 
outside of the wilderness area. It is estimated that several 
dozen different individuals or businesses have water diversions 
in the aforementioned wilderness areas.

                            COMMITTEE ACTION

    H.R. 3538 was introduced on September 8, 2009 by 
Representative Michael Simpson (R-ID). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests and Public lands. 
On November 17, 2009, the Subcommittee held a hearing on the 
bill during which a witness from the U.S. Forest Service 
testified in support of the legislation.
    On December 16, 2009, the Subcommittee was discharged from 
further consideration of H.R. 3538 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Raul Grijalva (D-AZ) offered an amendment in the 
nature of a substitute to specify the water facilities covered 
by the legislation through the use of a map and other technical 
changes. The amendment was agreed to by voice vote. The bill, 
as amended, was then 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 Natural 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 grant 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 is 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.
    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:

H.R. 3538--Idaho Wilderness Water Facilities Act

    H.R. 3538 would authorize the Secretary of Agriculture to 
issue special permits for continued use of historic water 
diversions for those with valid water rights in the Frank 
Church-River of No Return Wilderness and the Selway-Bitterroot 
Wilderness of Idaho. Based on information from the Forest 
Service, CBO estimates that enacting H.R. 3538 would have a 
negligible effect on the federal budget because any costs to 
process the permits would be paid by the permit holders.
    H.R. 3538 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 Aurora Swanson. 
The estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 3538 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                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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