[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.

                                  
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