IB 
Union Calendar No. 52 
113TH CONGRESS 
1ST SESSION 
H. R. 876 
[Report No. 113–76] 
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 
FEBRUARY 27, 2013 
Mr. SIMPSON introduced the following bill; which was referred to the 
Committee on Natural Resources 
MAY 17, 2013 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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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 Resources Protection 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 shall issue a special use author-
ization to the owners of a water storage, transport, or di-
version 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 Pres-
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 
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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) 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, 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 
non-Federal land for the beneficial uses 
recognized by the water right held under 
Idaho State law; and 
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(ii) the use of nonmotorized equip-
ment and nonmechanized transport is im-
practicable 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) 
DISCRETIONARY
TERMS
AND
CONDI-
TIONS.—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 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 
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 
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or other costs that may accrue to the owner to 
obtain the authorization for water facilities. 
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Union Calendar No. 52 
113TH CONGRESS 
1ST SESSION 
H. R. 876 
[Report No. 113–76] 
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. 
MAY 17, 2013 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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22:52 May 17, 2013
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