IIB
107TH CONGRESS
1ST SESSION
H. R. 434
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 12, 2001
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To direct the Secretary of Agriculture to enter into a cooper-
ative agreement to provide for retention, maintenance,
and operation, at private expense, of 12 concrete dams
and weirs located within the boundaries of the Emigrant
Wilderness in the Stanislaus National Forest, California,
and for other purposes.
HR 434 RFS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Emigrant Wilderness
Preservation Act of 2001’’.
SEC. 2. OPERATION AND MAINTENANCE OF CERTAIN
WATER IMPOUNDMENT STRUCTURES IN THE
EMIGRANT WILDERNESS, STANISLAUS NA-
TIONAL FOREST, CALIFORNIA.
(a) COOPERATIVE AGREEMENT FOR MAINTENANCE
AND OPERATION.—The Secretary of Agriculture shall
enter into a cooperative agreement with a non-Federal en-
tity described in subsection (c), under which the entity will
retain, maintain, and operate at private expense the water
impoundment structures specified in subsection (b) that
are located within the boundaries of the Emigrant Wilder-
ness in the Stanislaus National Forest, California, as des-
ignated by section 2(b) of Public Law 93–632 (88 Stat.
2154; 16 U.S.C. 1132 note).
(b) 
COVERED
WATER
IMPOUNDMENT
STRUC-
TURES.—The cooperative agreement required by sub-
section (a) shall cover the water impoundment structures
located at the following:
(1) Cow Meadow Lake.
(2) Y-Meadow Lake.
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(3) Huckleberry Lake.
(4) Long Lake.
(5) Lower Buck Lake.
(6) Leighton Lake.
(7) High Emigrant Lake.
(8) Emigrant Meadow Lake.
(9) Middle Emigrant Lake.
(10) Emigrant Lake.
(11) Snow Lake.
(12) Bigelow Lake.
(c) ELIGIBLE ENTITY.—The following non-Federal
entities are eligible to enter into the cooperative agreement
under subsection (a):
(1) A non-profit organization as defined in sec-
tion 501(c)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 501(c)(3)).
(2) The State of California or a political sub-
division of the State.
(3) A private individual, organization, corpora-
tion, or other legal entity.
(d) RESPONSIBILITIES OF THE SECRETARY.—
(1) MAP.—The Secretary of Agriculture shall
prepare a map identifying the location, size, and
type of each water impoundment structure covered
by the cooperative agreement under subsection (a).
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(2) TERMS AND CONDITIONS OF AGREEMENT.—
The Secretary shall prescribe the terms and condi-
tions of the cooperative agreement, which shall set
forth the rights and obligations of the Secretary and
the non-Federal entity. At a minimum, the coopera-
tive agreement shall—
(A) require the non-Federal entity to oper-
ate and maintain the water impoundment struc-
tures covered by the agreement in accordance
with a plan of operations approved by the Sec-
retary;
(B) require approval by the Secretary of
all operation and maintenance activities to be
conducted by the non-Federal entity;
(C) require the non-Federal entity to com-
ply with all applicable State and Federal envi-
ronmental, public health, and safety require-
ments; and
(D) establish enforcement standards, in-
cluding termination of the cooperative agree-
ment for noncompliance by the non-Federal en-
tity with the terms and conditions.
(3) COMPLIANCE.—The Secretary shall ensure
that the non-Federal entity remains in compliance
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with the terms and conditions of this section and the
cooperative agreement.
(e) RESPONSIBILITIES OF THE NON-FEDERAL ENTI-
TY.—The non-Federal entity shall be responsible for—
(1) carrying out its operation and maintenance
activities with respect to the water impoundment
structures covered by the cooperative agreement
under subsection (a) in conformance with this sec-
tion and the cooperative agreement; and
(2) the costs associated with the maintenance
and operation of the structures.
(f) PROHIBITION ON USE OF MECHANIZED TRANS-
PORT AND MOTORIZED EQUIPMENT.—The non-Federal
entity may not use mechanized transport or motorized
equipment—
(1) to operate or maintain the water impound-
ment structures covered by the cooperative agree-
ment under subsection (a); or
(2) to otherwise conduct activities in the Emi-
grant Wilderness pursuant to the cooperative agree-
ment.
(g) EXPANSION OF AGREEMENT TO COVER ADDI-
TIONAL STRUCTURES.—In the case of the six water im-
poundment structures located within the boundaries of the
Emigrant Wilderness, but not specified in subsection (b),