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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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 Selway- 
Bitterroot Wilderness in the State of Idaho, and for 
other purposes. 
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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 ‘‘Idaho Wilderness Water 
Facilities Act’’. 
SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN 
FRANK CHURCH-RIVER OF NO RETURN WIL-
DERNESS AND SELWAY-BITTERROOT WILDER-
NESS, IDAHO. 
(a) AUTHORIZATION FOR CONTINUED USE.—The Sec-
retary of Agriculture shall issue a special use authorization 
to each of the 20 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 or the Selway-Bit-
terroot Wilderness (as identified on the map titled ‘‘Unau-
thorized Private Water Diversions located within the Frank 
Church River of No Return Wilderness’’, dated December 
14, 2009, or the map titled ‘‘Unauthorized Private Water 
Diversions located within the Selway-Bitterroot Wilder-
ness’’, dated December 11, 2009) for the continued oper-
ation, 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 
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designated as part of the National Wilderness Preser-
vation 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 designa-
tion; 
(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) EQUIPMENT, TRANSPORT, AND USE 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, mainte-
nance, or reconstruction of a facility, if the Sec-
retary determines that— 
(i) the use is necessary to allow the fa-
cility to continue delivery of water to the 
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non-Federal land for the beneficial uses rec-
ognized 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 stor-
age, diversion, or transport of water in excess 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 may— 
(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 beneficial 
use of water on the non-Federal land is not di-
minished; and 
(B) require that the owner provide a recip-
rocal right of access across the non-Federal prop-
erty, in which case, the owner shall receive mar-
ket value for any right-of-way or other interest 
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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. 
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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 di-
versions located on National Forest System land 
in the Frank Church-River of No Return Wilder-
ness and the Selway-Bitterroot Wilderness in the 
State of Idaho, and for other purposes. 
JANUARY 19, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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00:20 Jan 20, 2010
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