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 Selway- 
Bitterroot Wilderness in the State of Idaho, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Idaho Wilderness 
Water Facilities Act’’. 
SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN 
FRANK CHURCH-RIVER OF NO RETURN WIL-
DERNESS 
AND 
SELWAY-BITTERROOT 
WIL-
DERNESS, IDAHO. 
(a) AUTHORIZATION
FOR CONTINUED USE.—The 
Secretary of Agriculture is authorized to issue a special 
use authorization to each of the 20 owners of a water stor-
age, 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 or 
the Selway-Bitterroot Wilderness (as identified on the 
map titled ‘‘Unauthorized Private Water Diversions lo-
cated within the Frank Church River of No Return Wil-
derness’’, dated December 14, 2009, or the map titled 
‘‘Unauthorized Private Water Diversions located within 
the Selway-Bitterroot Wilderness’’, dated December 11, 
2009) for the continued operation, maintenance, and re-
construction 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 Pres-
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ervation System (in this section referred to as ‘‘the 
date of designation’’); 
(2) the facility has been in substantially contin-
uous use to deliver water for the beneficial use on 
the owner’s non-Federal land since the date of des-
ignation; 
(3) the owner of the facility holds a valid water 
right for use of the water on the owner’s non-Fed-
eral 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-Fed-
eral land recognized under State law. 
(b) TERMS AND CONDITIONS.— 
(1) EQUIPMENT, TRANSPORT, AND USE TERMS 
AND CONDITIONS.—In a special use authorization 
issued under subsection (a), the Secretary is author-
ized to— 
(A) allow use of motorized equipment and 
mechanized transport for operation, mainte-
nance, or reconstruction of a facility, if the Sec-
retary determines that— 
(i) the use is necessary to allow the 
facility to continue delivery of water to the 
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non-Federal land for the beneficial uses 
recognized by the water right held under 
Idaho State law; and 
(ii) after conducting a minimum tool 
analysis for the facility, the use of non-
motorized equipment and nonmechanized 
transport is impracticable or infeasible; 
and 
(B) preclude use of the facility for the 
storage, diversion, or transport of water in ex-
cess of the water right recognized by the State 
of Idaho on the date of designation. 
(2) ADDITIONAL TERMS AND CONDITIONS.—In 
a special use authorization issued under subsection 
(a), the Secretary is authorized to— 
(A) require or allow modification or reloca-
tion of the facility in the wilderness, as the Sec-
retary determines necessary, to reduce impacts 
to wilderness values set forth in section 2 of the 
Wilderness Act (16 U.S.C. 1131) if the bene-
ficial use of water on the non-Federal land is 
not diminished; and 
(B) require that the owner provide a recip-
rocal right of access across the non-Federal 
property, in which case, the owner shall receive 
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market value for any right-of-way or other in-
terest 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. 
Passed the House of Representatives January 27, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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