II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fossil Creek Wild and 

3 Scenic River Act of 2007’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) the restoration of stream flow to Fossil 

7 Creek resulting from the decommissioning of the 

8 Childs-Irving Hydroelectric Project by the Arizona 

9 Public Service Company is a demonstration of re10 markable corporate stewardship resulting in the re11 birth of a river; 

12 (2) the spring-fed waters of Fossil Creek are 

13 exceptional for central Arizona and the travertine 

14 geological formations are rarely found anywhere in 

15 the United States; 

16 (3) the restoration of stream flow to Fossil 

17 Creek will provide riparian habitat for native fish, 

18 birds, plants, mammals, amphibians, and reptiles; 

19 (4) the Yavapai-Apache Nation considers Fossil 

20 Creek to be a sacred place, with significant spiritual 

21 and cultural values; 

22 (5) the Verde River, into which Fossil Creek 

23 flows, has previously been added to the National 

24 Wild and Scenic Rivers System; 

25 (6) the Northern Arizona University has in26 vested significant resources in studying the restoraVerDate Aug 31 2005 05:23 Apr 11, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S86.RS S86

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1 tion of Fossil Creek and the unique geological, 

2 hydrological, and biological characteristics of Fossil 

3 Creek; 

4 (7) State and Federal land and resource man5 agement agencies have invested significant resources 

6 in restoring the native fish populations of Fossil 

7 Creek through barrier construction and stream ren8 ovation activities; 

9 (8) the Fossil Creek watershed will continue to 

10 provide opportunities for hiking, swimming, camp11 ing, horseback riding, wildlife viewing, hunting, and 

12 livestock grazing; 

13 (9) the Forest Service has determined that Fos14 sil Creek is eligible for inclusion into the National 

15 Wild and Scenic Rivers System based on the free16 flowing condition and outstandingly remarkable geol17 ogy, ecology, fish, wildlife, cultural, and scenic values 

18 of the creek; and 

19 (10) this reborn river deserves long-term pro20 tection secured by a sustainable management plan 

21 that recognizes and maintains the remarkable values 

22 of the Fossil Creek area. 

23 SEC. 3. DESIGNATION OF WILD AND SCENIC RIVERS. 

24 Section 3(a) of the Wild and Scenic Rivers Act (16 

25 U.S.C. 1274(a)) is amended— 


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1 (1) by redesignating the last 3 paragraphs as 

2 paragraphs (167) through (169), respectively; and 

3 (2) by adding at the end the following: 

4 ‘‘(170) FOSSIL CREEK, ARIZONA.— 

5 ‘‘(A) UPPER FOSSIL CREEK.—From the 

6 source at Fossil Springs below Sand Rock and 

7 Calf Pen Canyons to where the water leaves the 

8 Fossil Spring Wilderness Area, as a wild river. 

9 ‘‘(B) MIDDLE FOSSIL CREEK.—From the 

10 border of the Fossil Spring Wilderness Area to 

11 the Mazatzal Wilderness Boundary, as a scenic 

12 river. 

13 ‘‘(C) SEGMENT.—The 6.6 miles from the 

14 Mazatzal Wilderness Boundary down to the 

15 confluence with the Verde River, as a wild 

16 river.’’. 

17 SEC. 4. MANAGEMENT OF RIVER SEGMENTS. 

18 The Secretary of Agriculture shall— 

19 (1) manage the river segments designated in 

20 section 3; and 

21 (2) submit a river management plan for the 

22 designated segments to Congress not later than 2 

23 years after the date of enactment of this Act. 


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1 SEC. 5. ALLOWANCE FOR RESTORATION ACTIVITIES. 

2 (a) ARIZONA PUBLIC SERVICE COMPANY.—Without 

3 further consultation under section 7 of the Wild and Sce4 nic Rivers Act (16 U.S.C. 1278), Arizona Public Service 

5 Company, the former licensee for the Childs-Irving Hydro6 electric Project (FERC project number 2069), may con7 duct project decommissioning and restoration activities 

8 agreed to in the surrender application and relevant dock9 eted filings with the Federal Energy Regulatory Commis10 sion. 

11 (b) FEDERAL AND STATE AGENCIES.—Any Federal 

12 or State agency may conduct stream restoration and bar13 rier maintenance activities in accordance with the environ14 mental assessment and finding of no significant impact 

15 for the Fossil Creek Native Fish Restoration Project dated 

16 2004. 

17 SEC. 6. STREAM MONITORING. 

18 Notwithstanding the amendment made by section 3, 

19 the United States Geological Survey or any permittee of 

20 the Forest Service may undertake any necessary activities, 

21 including access by any existing road, to install, operate, 

22 maintain, or otherwise manage 1 or more stream flow 

23 gauges on Fossil Creek in cooperation with the Forest 

24 Service for the purpose of monitoring and collecting 

25 stream flow and other water resource information. 


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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary for each fiscal year— 

4 (1) to prepare management plans for all river 

5 segments designated as wild or scenic rivers under 

6 section 3 not later than 2 years after the date of 

7 designation, in accordance with section 3(d)(1) of 

8 the Wild and Scenic Rivers Act (16 U.S.C. 

9 1274(d)(1)); 

10 (2) to fund a river ranger to oversee Fossil 

11 Creek; and 

12 (3) to otherwise carry out this Act. 

13 SECTION 1. SHORT TITLE. 

14 This Act may be cited as the ‘‘Fossil Creek Wild and 

15 Scenic River Act’’. 

16 SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEG17 MENTS. 

18 Section 3(a) of the Wild and Scenic Rivers Act (16 

19 U.S.C. 1274(a)) is amended— 

20 (1) by redesignating paragraph (167) (relating 

21 to the Musconetcong River, New Jersey) as paragraph 

22 (169); 

23 (2) by designating the undesignated paragraph 

24 relating to the White Salmon River, Washington, as 

25 paragraph (167); 


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1 (3) by designating the undesignated paragraph 

2 relating to the Black Butte River, California, as 

3 paragraph (168); and 

4 (4) by adding at the end the following: 

5 ‘‘(170) FOSSIL CREEK, ARIZONA.—Approxi6 mately 16.8 miles of Fossil Creek from the confluence 

7 of Sand Rock and Calf Pen Canyons to the confluence 

8 with the Verde River, to be administered by the Sec9 retary of Agriculture in the following classes: 

10 ‘‘(A) The approximately 2.7-mile segment 

11 from the confluence of Sand Rock and Calf Pen 

12 Canyons to the point where the segment exits the 

13 Fossil Spring Wilderness, as a wild river. 

14 ‘‘(B) The approximately 7.5-mile segment 

15 from where the segment exits the Fossil Creek 

16 Wilderness to the boundary of the Mazatzal Wil17 derness, as a recreational river. 

18 ‘‘(C) The 6.6-mile segment from the bound19 ary of the Mazatzal Wilderness downstream to 

20 the confluence with the Verde River, as a wild 

21 river.’’. 

22 SEC. 3. RESTORATION ACTIVITIES. 

23 (a) ARIZONA PUBLIC SERVICE COMPANY.—Without 

24 further consultation under section 7 of the Wild and Scenic 

25 Rivers Act (16 U.S.C. 1278), Arizona Public Service ComVerDate Aug 31 2005 21:44 Apr 11, 2008 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S86.RS S86

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1 pany, the former licensee for the Childs-Irving Hydro2 electric Project (FERC project number 2069), may conduct 

3 project decommissioning and restoration activities agreed 

4 to in the surrender application and relevant docketed filings 

5 with the Federal Energy Regulatory Commission. 

6 (b) FEDERAL AND STATE AGENCIES.—Federal and 

7 State agencies may conduct native fish restoration and bar8 rier maintenance activities in accordance with the Envi9 ronmental Assessment, Decision Notice, and Finding of No 

10 Significant Impact for the document entitled ‘‘Native Fish 

11 Restoration in Fossil Creek’’ and dated 2004. 

12 SEC. 4. STREAM MONITORING. 

13 Notwithstanding the amendment made by section 2, 

14 the United States Geological Survey or any other entity 

15 that has been given written permission for the activity from 

16 the Secretary of Agriculture may undertake any necessary 

17 activities, including access by any existing road, to install, 

18 operate, maintain, or otherwise manage 1 or more stream 

19 flow gauges in Fossil Creek in cooperation with the Forest 

20 Service for the purpose of monitoring and collecting stream 

21 flow and other water resource information. 

22 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums as 

24 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 


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of Arizona, as a component of the National Wild and 

Scenic Rivers System.’’. 


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Calendar No. 635 

110TH CONGRESS 

2D SESSION S. 86 

[Report No. 110

–283] 

A BILL 

To designate segments of Fossil Creek, a tributary 

wild and scenic rivers. to the Verde River in the State of Arizona, as 

APRIL 10, 2008 

Reported with an amendment and an amendment to the 

title 


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