[Senate Report 111-277]
[From the U.S. Government Publishing Office]
Calendar No. 547
111th Congress Report
SENATE
2d Session 111-277
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IDAHO WILDERNESS WATER FACILITIES ACT
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August 5, 2010.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 4474]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 4474) 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, reports favorably
thereon without amendment and recommends that the Act do pass.
PURPOSE
The purpose of H.R. 4474 is to authorize the Secretary of
Agriculture to issue a special use authorization to each of 20
owners of twenty water storage, transport, or diversion
facilities that are 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, to allow for the
continued use of those facilities.
BACKGROUND AND NEED
The Selway-Bitterroot Wilderness and the adjacent Frank
Church-River of No Return Wilderness are two large National
Forest wilderness areas in the State of Idaho. Located within
both wilderness areas are several small water facilities,
including facilities for hydropower development, irrigation,
and domestic water uses. These facilities are privately
operated and predate the establishment of the Selway-Bitterroot
Wilderness in 1964 and the Frank Church-River of No Return
Wilderness in 1980.
In order to clarify that the owners of these water
facilities can continue to operate and maintain them within the
wilderness areas, H.R. 4474 authorizes the Secretary of
Agriculture to issue special use permits for those facilities
if certain conditions are met.
LEGISLATIVE HISTORY
H.R. 4474, sponsored by Representatives Minnick and
Simpson, passed the House of Representatives by a vote of 415-0
on January 27, 2010. Companion legislation, S. 2966, was
introduced on January 28, 2010 by Senators Risch and Crapo.
The Subcommittee on Public Lands and Forests held a hearing
on H.R. 4474 and S. 2966 on March 10, 2010. The Committee on
Energy and Natural Resources considered the bill at its
business meeting on June 16, 2010, and ordered H.R. 4474
favorably reported without amendment at its business meeting on
June 21, 2010.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on June 21, 2010, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 4474.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Idaho Wilderness
Water Facilities Act.''
Section 2(a) authorizes the Secretary of Agriculture to
issue a special use authorization to each of the twenty owners
of a water storage, transport, or diversion facility located on
National Forest System land in the Frank Church-River of No
Return Wilderness and the Selway-Bitterroot Wilderness if
certain conditions are met. The conditions that must be met
include a finding that the water facility predated the
establishment of the wilderness, that it has been in
substantially continuous use since that time, that the operator
holds a valid water right for the facility under Idaho State
law, and that it would not be practical to relocate the
facility outside of the wilderness area.
Subsection (b) authorizes the Secretary, under the special
use authorizations, to allow the use of motorized equipment and
mechanized transport necessary for the facilities' operations.
It also authorizes the Secretary to require the facilities to
be modified or relocated in order to reduce impacts to the
wilderness if the beneficial use of water is not impacted.
Finally, it requires that the owners provide reciprocal right-
of-way access across their properties provided they receive
market value, paid by the Secretary, by granting a reciprocal
right-of-way, a reduction of fees, or both.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 4474--Idaho Wilderness Water Facilities Act
H.R. 4474 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. 4474 would increase
direct spending to process the permits and associated
offsetting receipts from permit applications; therefore, pay-
as-you-go procedures would apply. CBO estimates, however, that
any net direct spending would be negligible in each year.
Currently, there are around 25 water diversion facilities
located in those wilderness areas. Although owners of the water
facilities have the authority to maintain the facilities, they
cannot replace facilities or make major repairs without
obtaining a special-use permit. The bill would authorize the
Forest Service to issue such special use permits.
H.R. 4474 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.
On January 13, 2010, CBO transmitted a cost estimate for
H.R. 3538, the Idaho Wilderness Water Facilities Act, as
ordered reported by the House Committee on Natural Resources on
December 16, 2009. The two pieces of legislation are similar,
and CBO's estimated costs are the same.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUTION
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 H.R. 4474.
The Act 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 H.R. 4474, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 4474, as ordered 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 March
10, 2010 Subcommittee hearing on H.R. 4474 follows:
Statement of Harris Sherman, Undersecretary, Natural Resources and
Environment, Department of Agriculture
Mr. Chairman, Members of the Committee, thank you for the
opportunity to share the Administration's views on S. 2966, the
Idaho Wilderness Water Facilities Act.
The U.S. Forest Service supports S. 2966. The bill
authorizes the issuance of a special use permit for the
continued use of water storage, transport, or diversion
facility located on National Forest System lands in the Frank
Church-River of No Return Wilderness and the Selway-Bitterroot
Wilderness in Idaho. The permits will only be issued to the
water system owners of the water systems identified on the two
maps accompanying S. 2966, and if certain conditions are met.
Currently, there are over 20 water developments within the
Frank Church-River of No Return and Selway-Bitterroot
Wilderness Areas that predate establishment of the wilderness,
in some cases by decades.
These developments include hydropower developments,
irrigation, and domestic water uses. The legislation
establishing both wilderness areas did not address these pre-
existing water developments. S. 2966 would direct the Forest
Service to issue special use authorizations, if the Secretary
makes the following determinations: the facility was in
existence when the wilderness area on which the facility is
located was designated as part of the National Wilderness
Preservation System; 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; the
owner of the facility has 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 pre-dates the date of designation;
and it is not practicable or feasible to relocate the facility
outside the wilderness and achieve the continued beneficial use
of water on non-Federal land. We understand that the bill does
not create any rights beyond what is provided in the special
use permit and that both maintenance responsibilities and
liabilities continue with the permit holder, and not the
Federal government.
This concludes my prepared statement on S. 2966 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, the Committee notes that no
changes in existing law are made by the Act H.R. 4474, as
ordered reported.