II 

109TH CONGRESS 

2D SESSION S. 3762 

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 

JULY 28 (legislative day, JULY 26), 2006 

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 2005’’. 

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 


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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 


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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 paragraph (relat21 ing to the White Salmon River, Washington) as 

22 paragraph (167); and 

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

24 ‘‘(168) FOSSIL CREEK, ARIZONA.— 


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1 ‘‘(A) UPPER FOSSIL CREEK.—From the 

2 source at Fossil Springs below Sand Rock and 

3 Calf Pen Canyons to where the water leaves the 

4 Fossil Spring Wilderness Area, as a wild river. 

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

6 border of the Fossil Spring Wilderness Area to 

7 the Mazatzal Wilderness Boundary, as a scenic 

8 river. 

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

10 Mazatzal Wilderness Boundary down to the 

11 confluence with the Verde River, as a wild 

12 river.’’. 

13 SEC. 4. MANAGEMENT OF RIVER SEGMENTS. 

14 The Secretary of Agriculture shall— 

15 (1) manage the river segments designated in 

16 section 3; and 

17 (2) submit a river management plan for the 

18 designated segments to Congress not later than 2 

19 years after the date of enactment of this Act. 

20 SEC. 5. ALLOWANCE FOR RESTORATION ACTIVITIES. 

21 (a) ARIZONA PUBLIC SERVICE COMPANY.—Without 

22 further consultation under section 7 of the Wild and Sce23 nic Rivers Act (16 U.S.C. 1278), Arizona Public Service 

24 Company, the former licensee for the Childs-Irving Hydro25 electric Project (FERC project number 2069), may conVerDate Aug 31 2005 22:17 Jul 29, 2006 Jkt 049196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3762.IS S3762

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1 duct project decommissioning and restoration activities 

2 agreed to in the surrender application and relevant dock3 eted filings with the Federal Energy Regulatory Commis4 sion. 

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

6 or State agency may conduct stream restoration and bar7 rier maintenance activities in accordance with the environ8 mental assessment and finding of no significant impact 

9 for the Fossil Creek Native Fish Restoration Project dated 

10 2004. 

11 SEC. 6. STREAM MONITORING. 

12 Notwithstanding the amendment made by section 3, 

13 the United States Geological Survey or any permittee of 

14 the Forest Service may undertake any necessary activities, 

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

16 maintain, or otherwise manage 1 or more stream flow 

17 gauges on Fossil Creek in cooperation with the Forest 

18 Service for the purpose of monitoring and collecting 

19 stream flow and other water resource information. 

20 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums 

22 as are necessary for each fiscal year— 

23 (1) to prepare management plans for all river 

24 segments designated as wild or scenic rivers under 

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


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

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

3 1274(d)(1)); 

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

5 Creek; and 

6 (3) to otherwise carry out this Act. 

Æ 


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