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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 86 Reported in Senate (RS)]

                                                       Calendar No. 635
110th CONGRESS
  2d Session
                                 S. 86

                          [Report No. 110-283]

 To designate segments of Fossil Creek, a tributary to the Verde River 
          in the State of Arizona, as wild and scenic rivers.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

  Mr. McCain (for himself and Mr. Kyl) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                             April 10, 2008

  Reported by Mr. Bingaman, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To designate segments of Fossil Creek, a tributary to the Verde River 
          in the State of Arizona, as wild and scenic rivers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Fossil Creek Wild and 
Scenic River Act of 2007''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the restoration of stream flow to Fossil Creek 
        resulting from the decommissioning of the Childs-Irving 
        Hydroelectric Project by the Arizona Public Service Company is 
        a demonstration of remarkable corporate stewardship resulting 
        in the rebirth of a river;</DELETED>
        <DELETED>    (2) the spring-fed waters of Fossil Creek are 
        exceptional for central Arizona and the travertine geological 
        formations are rarely found anywhere in the United 
        States;</DELETED>
        <DELETED>    (3) the restoration of stream flow to Fossil Creek 
        will provide riparian habitat for native fish, birds, plants, 
        mammals, amphibians, and reptiles;</DELETED>
        <DELETED>    (4) the Yavapai-Apache Nation considers Fossil 
        Creek to be a sacred place, with significant spiritual and 
        cultural values;</DELETED>
        <DELETED>    (5) the Verde River, into which Fossil Creek 
        flows, has previously been added to the National Wild and 
        Scenic Rivers System;</DELETED>
        <DELETED>    (6) the Northern Arizona University has invested 
        significant resources in studying the restoration of Fossil 
        Creek and the unique geological, hydrological, and biological 
        characteristics of Fossil Creek;</DELETED>
        <DELETED>    (7) State and Federal land and resource management 
        agencies have invested significant resources in restoring the 
        native fish populations of Fossil Creek through barrier 
        construction and stream renovation activities;</DELETED>
        <DELETED>    (8) the Fossil Creek watershed will continue to 
        provide opportunities for hiking, swimming, camping, horseback 
        riding, wildlife viewing, hunting, and livestock 
        grazing;</DELETED>
        <DELETED>    (9) the Forest Service has determined that Fossil 
        Creek is eligible for inclusion into the National Wild and 
        Scenic Rivers System based on the free-flowing condition and 
        outstandingly remarkable geology, ecology, fish, wildlife, 
        cultural, and scenic values of the creek; and</DELETED>
        <DELETED>    (10) this reborn river deserves long-term 
        protection secured by a sustainable management plan that 
        recognizes and maintains the remarkable values of the Fossil 
        Creek area.</DELETED>

<DELETED>SEC. 3. DESIGNATION OF WILD AND SCENIC RIVERS.</DELETED>

<DELETED>    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)) is amended--</DELETED>
        <DELETED>    (1) by redesignating the last 3 paragraphs as 
        paragraphs (167) through (169), respectively; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(170) Fossil creek, arizona.--</DELETED>
                <DELETED>    ``(A) Upper fossil creek.--From the source 
                at Fossil Springs below Sand Rock and Calf Pen Canyons 
                to where the water leaves the Fossil Spring Wilderness 
                Area, as a wild river.</DELETED>
                <DELETED>    ``(B) Middle fossil creek.--From the 
                border of the Fossil Spring Wilderness Area to the 
                Mazatzal Wilderness Boundary, as a scenic 
                river.</DELETED>
                <DELETED>    ``(C) Segment.--The 6.6 miles from the 
                Mazatzal Wilderness Boundary down to the confluence 
                with the Verde River, as a wild river.''.</DELETED>

<DELETED>SEC. 4. MANAGEMENT OF RIVER SEGMENTS.</DELETED>

<DELETED>    The Secretary of Agriculture shall--</DELETED>
        <DELETED>    (1) manage the river segments designated in 
        section 3; and</DELETED>
        <DELETED>    (2) submit a river management plan for the 
        designated segments to Congress not later than 2 years after 
        the date of enactment of this Act.</DELETED>

<DELETED>SEC. 5. ALLOWANCE FOR RESTORATION ACTIVITIES.</DELETED>

<DELETED>    (a) Arizona Public Service Company.--Without further 
consultation under section 7 of the Wild and Scenic Rivers Act (16 
U.S.C. 1278), Arizona Public Service Company, the former licensee for 
the Childs-Irving Hydroelectric Project (FERC project number 2069), may 
conduct project decommissioning and restoration activities agreed to in 
the surrender application and relevant docketed filings with the 
Federal Energy Regulatory Commission.</DELETED>
<DELETED>    (b) Federal and State Agencies.--Any Federal or State 
agency may conduct stream restoration and barrier maintenance 
activities in accordance with the environmental assessment and finding 
of no significant impact for the Fossil Creek Native Fish Restoration 
Project dated 2004.</DELETED>

<DELETED>SEC. 6. STREAM MONITORING.</DELETED>

<DELETED>    Notwithstanding the amendment made by section 3, the 
United States Geological Survey or any permittee of the Forest Service 
may undertake any necessary activities, including access by any 
existing road, to install, operate, maintain, or otherwise manage 1 or 
more stream flow gauges on Fossil Creek in cooperation with the Forest 
Service for the purpose of monitoring and collecting stream flow and 
other water resource information.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary for each fiscal year--</DELETED>
        <DELETED>    (1) to prepare management plans for all river 
        segments designated as wild or scenic rivers under section 3 
        not later than 2 years after the date of designation, in 
        accordance with section 3(d)(1) of the Wild and Scenic Rivers 
        Act (16 U.S.C. 1274(d)(1));</DELETED>
        <DELETED>    (2) to fund a river ranger to oversee Fossil 
        Creek; and</DELETED>
        <DELETED>    (3) to otherwise carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fossil Creek Wild and Scenic River 
Act''.

SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended--
            (1) by redesignating paragraph (167) (relating to the 
        Musconetcong River, New Jersey) as paragraph (169);
            (2) by designating the undesignated paragraph relating to 
        the White Salmon River, Washington, as paragraph (167);
            (3) by designating the undesignated paragraph relating to 
        the Black Butte River, California, as paragraph (168); and
            (4) by adding at the end the following:
            ``(170) Fossil creek, arizona.--Approximately 16.8 miles of 
        Fossil Creek from the confluence of Sand Rock and Calf Pen 
        Canyons to the confluence with the Verde River, to be 
        administered by the Secretary of Agriculture in the following 
        classes:
                    ``(A) The approximately 2.7-mile segment from the 
                confluence of Sand Rock and Calf Pen Canyons to the 
                point where the segment exits the Fossil Spring 
                Wilderness, as a wild river.
                    ``(B) The approximately 7.5-mile segment from where 
                the segment exits the Fossil Creek Wilderness to the 
                boundary of the Mazatzal Wilderness, as a recreational 
                river.
                    ``(C) The 6.6-mile segment from the boundary of the 
                Mazatzal Wilderness downstream to the confluence with 
                the Verde River, as a wild river.''.

SEC. 3. RESTORATION ACTIVITIES.

    (a) Arizona Public Service Company.--Without further consultation 
under section 7 of the Wild and Scenic Rivers Act (16 U.S.C. 1278), 
Arizona Public Service Company, the former licensee for the Childs-
Irving Hydroelectric Project (FERC project number 2069), may conduct 
project decommissioning and restoration activities agreed to in the 
surrender application and relevant docketed filings with the Federal 
Energy Regulatory Commission.
    (b) Federal and State Agencies.--Federal and State agencies may 
conduct native fish restoration and barrier maintenance activities in 
accordance with the Environmental Assessment, Decision Notice, and 
Finding of No Significant Impact for the document entitled ``Native 
Fish Restoration in Fossil Creek'' and dated 2004.

SEC. 4. STREAM MONITORING.

    Notwithstanding the amendment made by section 2, the United States 
Geological Survey or any other entity that has been given written 
permission for the activity from the Secretary of Agriculture may 
undertake any necessary activities, including access by any existing 
road, to install, operate, maintain, or otherwise manage 1 or more 
stream flow gauges in Fossil Creek in cooperation with the Forest 
Service for the purpose of monitoring and collecting stream flow and 
other water resource information.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
            Amend the title so as to read: ``A bill to designate Fossil 
        Creek, a tributary of the Verde River in the State of Arizona, 
        as a component of the National Wild and Scenic Rivers 
        System.''.
                                                       Calendar No. 635

110th CONGRESS

  2d Session

                                 S. 86

                          [Report No. 110-283]

_______________________________________________________________________

                                 A BILL

 To designate segments of Fossil Creek, a tributary to the Verde River 
          in the State of Arizona, as wild and scenic rivers.

_______________________________________________________________________

                             April 10, 2008

        Reported with an amendment and an amendment to the title
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