    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-136
    113th Congress

    An Act

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Idaho Wilderness Water Resources
    Protection 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 the 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 and the Selway-Bitterroot
    Wilderness 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) Required 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

    [[Page 1740]]

    for the beneficial uses recognized by the water
    right held under Idaho State law; and
    (ii) 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) Discretionary 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.

    Approved July 25, 2014.

    LEGISLATIVE HISTORY--H.R. 876:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-76 (Comm. on Natural Resources).
    SENATE REPORTS: No. 113-150 (Comm. on Energy and Natural Resources).
    CONGRESSIONAL RECORD:
    Vol. 159 (2013):
    June 17, considered and passed
    House.
    Vol. 160 (2014):
    July 9, considered and passed
    Senate.