II 

110TH CONGRESS 

1ST SESSION S. 86 

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Scenic River Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the restoration of stream flow to Fossil 

9 Creek resulting from the decommissioning of the 


hsrobinson on PROD1PC76 with BILLS
2 

•S 86 IS

1 Childs-Irving Hydroelectric Project by the Arizona 

2 Public Service Company is a demonstration of re3 markable corporate stewardship resulting in the re4 birth of a river; 

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

6 exceptional for central Arizona and the travertine 

7 geological formations are rarely found anywhere in 

8 the United States; 

9 (3) the restoration of stream flow to Fossil 

10 Creek will provide riparian habitat for native fish, 

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

12 (4) the Yavapai-Apache Nation considers Fossil 

13 Creek to be a sacred place, with significant spiritual 

14 and cultural values; 

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

16 flows, has previously been added to the National 

17 Wild and Scenic Rivers System; 

18 (6) the Northern Arizona University has in19 vested significant resources in studying the restora20 tion of Fossil Creek and the unique geological, 

21 hydrological, and biological characteristics of Fossil 

22 Creek; 

23 (7) State and Federal land and resource man24 agement agencies have invested significant resources 

25 in restoring the native fish populations of Fossil 


hsrobinson on PROD1PC76 with BILLS
3 

•S 86 IS

1 Creek through barrier construction and stream ren2 ovation activities; 

3 (8) the Fossil Creek watershed will continue to 

4 provide opportunities for hiking, swimming, camp5 ing, horseback riding, wildlife viewing, hunting, and 

6 livestock grazing; 

7 (9) the Forest Service has determined that Fos8 sil Creek is eligible for inclusion into the National 

9 Wild and Scenic Rivers System based on the free10 flowing condition and outstandingly remarkable geol11 ogy, ecology, fish, wildlife, cultural, and scenic values 

12 of the creek; and 

13 (10) this reborn river deserves long-term pro14 tection secured by a sustainable management plan 

15 that recognizes and maintains the remarkable values 

16 of the Fossil Creek area. 

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

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

19 U.S.C. 1274(a)) is amended— 

20 (1) by redesignating the last 3 paragraphs as 

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

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

23 ‘‘(170) FOSSIL CREEK, ARIZONA.— 

24 ‘‘(A) UPPER FOSSIL CREEK.—From the 

25 source at Fossil Springs below Sand Rock and 


hsrobinson on PROD1PC76 with BILLS
4 

•S 86 IS

1 Calf Pen Canyons to where the water leaves the 

2 Fossil Spring Wilderness Area, as a wild river. 

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

4 border of the Fossil Spring Wilderness Area to 

5 the Mazatzal Wilderness Boundary, as a scenic 

6 river. 

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

8 Mazatzal Wilderness Boundary down to the 

9 confluence with the Verde River, as a wild 

10 river.’’. 

11 SEC. 4. MANAGEMENT OF RIVER SEGMENTS. 

12 The Secretary of Agriculture shall— 

13 (1) manage the river segments designated in 

14 section 3; and 

15 (2) submit a river management plan for the 

16 designated segments to Congress not later than 2 

17 years after the date of enactment of this Act. 

18 SEC. 5. ALLOWANCE FOR RESTORATION ACTIVITIES. 

19 (a) ARIZONA PUBLIC SERVICE COMPANY.—Without 

20 further consultation under section 7 of the Wild and Sce21 nic Rivers Act (16 U.S.C. 1278), Arizona Public Service 

22 Company, the former licensee for the Childs-Irving Hydro23 electric Project (FERC project number 2069), may con24 duct project decommissioning and restoration activities 

25 agreed to in the surrender application and relevant dockVerDate Aug 31 2005 20:41 Jan 06, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S86.IS S86

hsrobinson on PROD1PC76 with BILLS
5 

•S 86 IS

1 eted filings with the Federal Energy Regulatory Commis2 sion. 

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

4 or State agency may conduct stream restoration and bar5 rier maintenance activities in accordance with the environ6 mental assessment and finding of no significant impact 

7 for the Fossil Creek Native Fish Restoration Project dated 

8 2004. 

9 SEC. 6. STREAM MONITORING. 

10 Notwithstanding the amendment made by section 3, 

11 the United States Geological Survey or any permittee of 

12 the Forest Service may undertake any necessary activities, 

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

14 maintain, or otherwise manage 1 or more stream flow 

15 gauges on Fossil Creek in cooperation with the Forest 

16 Service for the purpose of monitoring and collecting 

17 stream flow and other water resource information. 

18 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums 

20 as are necessary for each fiscal year— 

21 (1) to prepare management plans for all river 

22 segments designated as wild or scenic rivers under 

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

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


hsrobinson on PROD1PC76 with BILLS
6 

•S 86 IS

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

2 1274(d)(1)); 

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

4 Creek; and 

5 (3) to otherwise carry out this Act. 

Æ 


hsrobinson on PROD1PC76 with BILLS