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 SELWAYBITTERROOT 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 nonFederal 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 
H. R. 876—2 

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 rightof-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.