[Senate Report 113-150]
[From the U.S. Government Publishing Office]
Calendar No. 361
113th Congress Report
SENATE
2d Session 113-150
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IDAHO WILDERNESS WATER RESOURCES PROTECTION ACT
_______
April 10, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 876]
The Committee on Energy and Natural Resources, to which was
referred 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, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
PURPOSE
The purpose of H.R. 876 is to authorize the continued use
of certain 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.
BACKGROUND AND NEED
The Selway-Bitterroot Wilderness and the adjacent Frank
Church-River of No Return Wilderness are two National Forest
wilderness areas in the State of Idaho. Located within these
wilderness areas are several 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.
Because the legislation establishing these wildernesses did
not address these preexisting water facilities it is necessary
to clarify that the owners of these water facilities can
continue to operate and maintain them within the wilderness
areas. H.R. 876 requires the Secretary of Agriculture to issue
special use permits for those facilities if certain conditions
are met.
LEGISLATIVE HISTORY
H.R. 876, sponsored by Representative Simpson, was ordered
reported by the House Committee on Natural Resources on April
24, 2013 (H. Rept. 113-76) and passed the House of
Representatives by a vote of 398-0 on June 17, 2013. A hearing
was held on the measure by the Subcommittee on Public Lands,
Forests, and Mining on July 30, 2013. On November 21, 2013, the
Committee ordered H.R. 876 favorably reported.
Representative Simpson introduced similar legislation in
the 112th Congress, H.R. 2050, which passed the House of
Representatives by a voice vote on April 26, 2012.
Similar legislation, H.R. 4474, sponsored by
Representatives Minnick and Simpson, passed the House of
Representatives in the 111th Congress by a vote of 415-0 on
January 27, 2010. Companion legislation, S. 2966, was
introduced 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 (S. Hrg. 111-565). 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 (S. Rept 111-277).
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on November 21, 2013, by a voice vote of
a quorum present, recommends that the Senate pass H.R. 876.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Idaho Wilderness
Water Resources Protection Act.''
Section 2(a) directs the Secretary of Agriculture
(Secretary) to issue special use permits to the owners of a
water storage, transport, or diversion facilities that are
located on National Forest System lands in the Frank Church-
River of No Return Wilderness and the Selway-Bitterroot
Wilderness in Idaho. A permit for the continued operation,
maintenance, and reconstruction of a facility may only be
issued if the Secretary determines that certain conditions have
been met.
Subsection (b)(1) requires the Secretary, under a permit
issued under this Act, to allow the use of motorized equipment
and mechanized transport if the Secretary determines that such
use is necessary and the use of non-motorized equipment and
non-mechanized transport is impracticable or infeasible.
Additionally, the Secretary is directed to preclude the use of
a facility for water in excess of the right recognized by the
State of Idaho.
Paragraph (2) 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 and requires that the owners provide a reciprocal
right-of-way access across the non-Federal property, provided
they receive market value for this right-of-way. The Secretary
is authorized to compensate the owner 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. 876--Idaho Wilderness Water Resources Protection Act
H.R. 876 would authorize the Secretary of Agriculture to
issue permits for land owners with valid water rights under
state law to continue using certain water storage, transport,
and diversion facilities in the Frank Church-River of No Return
Wilderness and the Selway-Bitterroot Wilderness of Idaho.
According to the Forest Service, any costs to process the
permits would be paid by the permit holders. Because the
legislation would affect direct spending (through the
collection and spending of receipts), pay-as-you-go procedures
apply; however, CBO estimates that enacting H.R. 876 would have
an insignificant impact on net direct spending. Enacting the
legislation would not affect revenues.
H.R. 876 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On May 3, 2013, CBO transmitted a cost estimate for H.R.
876, the Idaho Wilderness Water Resources Protection Act, as
ordered reported by the House Committee on Natural Resources on
April 24, 2013. The two versions of the legislation are
similar, as are CBO's estimates.
The CBO staff contact for this estimate is Aurora Swanson.
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 H.R. 876.
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 H.R. 876, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 876, 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 July
30, 2013, Subcommittee on Public Lands, Forests, and Mining
hearing on H.R. 876 follows:
Statement of Leslie Weldon, Deputy Chief, National Forest System, U.S.
Forest Service, Department of Agriculture
Mr. Chairman, and Members of the Committee, thank you for
the opportunity to share the Administration's views on H.R.
876, the ``Idaho Wilderness Water Resources Protection Act.''
The U.S. Forest Service supports H.R. 876. 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 within
these two wilderness areas and if certain conditions are met.
We would like to work with the committee and the sponsor to
locate on a map the water facilities authorized under this
bill.
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. H.R. 876 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 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 H.R. 876, as ordered
reported.