H. R. 876 
One Hundred Thirteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Friday, 
the third day of January, two thousand and fourteen 
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 Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Idaho Wilderness Water 
Resources Protection Act’’. 
SEC. 2. TREATMENT OF EXISTING WATER DIVERSIONS IN FRANK 
CHURCH-RIVER OF NO RETURN WILDERNESS AND SELWAY- 
BITTERROOT WILDERNESS, IDAHO. 
(a) AUTHORIZATION
FOR CONTINUED USE.—The Secretary of 
Agriculture shall issue a special use authorization to the 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 and the 
Selway-Bitterroot Wilderness for the continued operation, mainte-
nance, 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 designated 
as part of the National Wilderness Preservation System (in 
this section referred to as ‘‘the date of designation’’); 
(2) the facility has been in substantially continuous use 
to deliver water for the beneficial use on the owner’s non- 
Federal land since the date of designation; 
(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) REQUIRED 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, maintenance, or reconstruction of 
a facility, if the Secretary determines that— 
(i) the use is necessary to allow the facility to 
continue delivery of water to the non-Federal land
H. R. 876—2 
for the beneficial uses recognized by the water right 
held under Idaho State law; and 
(ii) the use of nonmotorized equipment and non-
mechanized transport is impracticable or infeasible; 
and 
(B) preclude use of the facility for the storage, diver-
sion, or transport of water in excess of the water right 
recognized by the State of Idaho on the date of designation. 
(2) DISCRETIONARY TERMS AND CONDITIONS.—In a special 
use authorization issued under subsection (a), the Secretary 
may— 
(A) require or allow modification or relocation of the 
facility in the wilderness, as the Secretary determines nec-
essary, 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 diminished; and 
(B) require that the owner provide a reciprocal right 
of access across the non-Federal property, in which case, 
the owner shall receive market value for any right-of-way 
or other interest 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. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.