IIB 

111TH CONGRESS 

2D SESSION H. R. 4474 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2010 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

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 SelwayBitterroot Wilderness in the State of Idaho, and for 

other purposes. 

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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HR 4474 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Idaho Wilderness 

3 Water Facilities Act’’. 

4 SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN 

5 FRANK CHURCH-RIVER OF NO RETURN WIL6 DERNESS AND SELWAY-BITTERROOT WIL7 DERNESS, IDAHO. 

8 (a) AUTHORIZATION FOR CONTINUED USE.—The 

9 Secretary of Agriculture is authorized to issue a special 

10 use authorization to each of the 20 owners of a water stor11 age, transport, or diversion facility (in this section referred 

12 to as a ‘‘facility’’) located on National Forest System land 

13 in the Frank Church-River of No Return Wilderness or 

14 the Selway-Bitterroot Wilderness (as identified on the 

15 map titled ‘‘Unauthorized Private Water Diversions lo16 cated within the Frank Church River of No Return Wil17 derness’’, dated December 14, 2009, or the map titled 

18 ‘‘Unauthorized Private Water Diversions located within 

19 the Selway-Bitterroot Wilderness’’, dated December 11, 

20 2009) for the continued operation, maintenance, and re21 construction of the facility if the Secretary determines 

22 that— 

23 (1) the facility was in existence on the date on 

24 which the land upon which the facility is located was 

25 designated as part of the National Wilderness PresVerDate Nov 24 2008 23:28 Jan 28, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4474.RFS H4474

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1 ervation System (in this section referred to as ‘‘the 

2 date of designation’’); 

3 (2) the facility has been in substantially contin4 uous use to deliver water for the beneficial use on 

5 the owner’s non-Federal land since the date of des6 ignation; 

7 (3) the owner of the facility holds a valid water 

8 right for use of the water on the owner’s non-Fed9 eral land under Idaho State law, with a priority date 

10 that predates the date of designation; and 

11 (4) it is not practicable or feasible to relocate 

12 the facility to land outside of the wilderness and 

13 continue the beneficial use of water on the non-Fed14 eral land recognized under State law. 

15 (b) TERMS AND CONDITIONS.— 

16 (1) EQUIPMENT, TRANSPORT, AND USE TERMS

17 AND CONDITIONS.—In a special use authorization 

18 issued under subsection (a), the Secretary is author19 ized to— 

20 (A) allow use of motorized equipment and 

21 mechanized transport for operation, mainte22 nance, or reconstruction of a facility, if the Sec23 retary determines that— 

24 (i) the use is necessary to allow the 

25 facility to continue delivery of water to the 


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HR 4474 RFS 

1 non-Federal land for the beneficial uses 

2 recognized by the water right held under 

3 Idaho State law; and 

4 (ii) after conducting a minimum tool 

5 analysis for the facility, the use of non6 motorized equipment and nonmechanized 

7 transport is impracticable or infeasible; 

8 and 

9 (B) preclude use of the facility for the 

10 storage, diversion, or transport of water in ex11 cess of the water right recognized by the State 

12 of Idaho on the date of designation. 

13 (2) ADDITIONAL TERMS AND CONDITIONS.—In 

14 a special use authorization issued under subsection 

15 (a), the Secretary is authorized to— 

16 (A) require or allow modification or reloca17 tion of the facility in the wilderness, as the Sec18 retary determines necessary, to reduce impacts 

19 to wilderness values set forth in section 2 of the 

20 Wilderness Act (16 U.S.C. 1131) if the bene21 ficial use of water on the non-Federal land is 

22 not diminished; and 

23 (B) require that the owner provide a recip24 rocal right of access across the non-Federal 

25 property, in which case, the owner shall receive 


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1 market value for any right-of-way or other in2 terest in real property conveyed to the United 

3 States, and market value may be paid by the 

4 Secretary, in whole or in part, by the grant of 

5 a reciprocal right-of-way, or by reduction of fees 

6 or other costs that may accrue to the owner to 

7 obtain the authorization for water facilities. 

Passed the House of Representatives January 27, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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