IB 

Union Calendar No. 235 

111TH CONGRESS 

2D SESSION H. R. 3538 

[Report No. 111–398] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2009 

Mr. SIMPSON (for himself and Mr. MINNICK) introduced the following bill; 

which was referred to the Committee on Natural Resources 

JANUARY 19, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 8, 2009] 


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•HR 3538 RH

A BILL 

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. 


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•HR 3538 RH

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 ‘‘Idaho Wilderness Water 

5 Facilities Act’’. 

6 SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN 

7 FRANK CHURCH-RIVER OF NO RETURN WIL8 DERNESS AND SELWAY-BITTERROOT WILDER9 NESS, IDAHO. 

10 (a) AUTHORIZATION FOR CONTINUED USE.—The Sec11 retary of Agriculture shall issue a special use authorization 

12 to each of the 20 owners of a water storage, transport, or 

13 diversion facility (in this section referred to as a ‘‘facility’’) 

14 located on National Forest System land in the Frank 

15 Church-River of No Return Wilderness or the Selway-Bit16 terroot Wilderness (as identified on the map titled ‘‘Unau17 thorized Private Water Diversions located within the Frank 

18 Church River of No Return Wilderness’’, dated December 

19 14, 2009, or the map titled ‘‘Unauthorized Private Water 

20 Diversions located within the Selway-Bitterroot Wilder21 ness’’, dated December 11, 2009) for the continued oper22 ation, maintenance, and reconstruction of the facility if the 

23 Secretary determines that— 

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

25 which the land upon which the facility is located was 


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1 designated as part of the National Wilderness Preser2 vation System (in this section referred to as ‘‘the date 

3 of designation’’); 

4 (2) the facility has been in substantially contin5 uous use to deliver water for the beneficial use on the 

6 owner’s non-Federal land since the date of designa7 tion; 

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

9 right for use of the water on the owner’s non-Federal 

10 land under Idaho State law, with a priority date that 

11 predates the date of designation; and 

12 (4) it is not practicable or feasible to relocate the 

13 facility to land outside of the wilderness and continue 

14 the beneficial use of water on the non-Federal land 

15 recognized under State law. 

16 (b) TERMS AND CONDITIONS.— 

17 (1) EQUIPMENT, TRANSPORT, AND USE TERMS

18 AND CONDITIONS.—In a special use authorization 

19 issued under subsection (a), the Secretary shall— 

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 fa25 cility to continue delivery of water to the 


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1 non-Federal land for the beneficial uses rec2 ognized by the water right held under Idaho 

3 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; and 

8 (B) preclude use of the facility for the stor9 age, diversion, or transport of water in excess of 

10 the water right recognized by the State of Idaho 

11 on the date of designation. 

12 (2) ADDITIONAL TERMS AND CONDITIONS.—In a 

13 special use authorization issued under subsection (a), 

14 the Secretary may— 

15 (A) require or allow modification or reloca16 tion of the facility in the wilderness, as the Sec17 retary determines necessary, to reduce impacts to 

18 wilderness values set forth in section 2 of the 

19 Wilderness Act (16 U.S.C. 1131) if the beneficial 

20 use of water on the non-Federal land is not di21 minished; and 

22 (B) require that the owner provide a recip23 rocal right of access across the non-Federal prop24 erty, in which case, the owner shall receive mar25 ket value for any right-of-way or other interest 


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1 in real property conveyed to the United States, 

2 and market value may be paid by the Secretary, 

3 in whole or in part, by the grant of a reciprocal 

4 right-of-way, or by reduction of fees or other 

5 costs that may accrue to the owner to obtain the 

6 authorization for water facilities. 


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Union Calendar No. 235 

111TH CONGRESS 

2D SESSION H. R. 3538 

[Report No. 111–398] 

A BILL 

To authorize the continued use of certain water diState of Idaho, and for other purposes. ness and the Selway-Bitterroot Wilderness in the in the Frank Church-River of No Return Wilder- versions located on National Forest System land 

JANUARY 19, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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