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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 876 Enrolled Bill (ENR)]

        H.R.876

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen

                                 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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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