I
107TH CONGRESS
1ST SESSION
H. R. 434
To direct the Secretary of Agriculture to enter into a cooperative agreement
to provide for retention, maintenance, and operation, at private expense,
of the 18 concrete dams and weirs located within the boundaries of
the Emigrant Wilderness in the Stanislaus National Forest, California,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 6, 2001
Mr. DOOLITTLE (for himself and Mr. CONDIT) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To direct the Secretary of Agriculture to enter into a cooper-
ative agreement to provide for retention, maintenance,
and operation, at private expense, of the 18 concrete
dams and weirs located within the boundaries of the
Emigrant Wilderness in the Stanislaus National Forest,
California, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. OPERATION AND MAINTENANCE OF EXISTING
DAMS AND WEIRS, EMIGRANT WILDERNESS,
STANISLAUS 
NATIONAL 
FOREST, 
CALI-
FORNIA.
(a) COOPERATIVE AGREEMENT.—The Secretary of
Agriculture (hereinafter referred to as the ‘‘Secretary’’)
shall enter into a cooperative agreement with a non-Fed-
eral entity described in subsection (b), under which the
entity will retain, maintain, and operate at private expense
the 18 concrete dams and weirs located, on the date of
the enactment of this section, within the boundaries of the
Emigrant Wilderness in the Stanislaus National Forest,
California, as designated by section 2(b) of Public Law
93–632 (88 Stat. 2154; 16 U.S.C. 1132 note).
(b) ELIGIBLE ENTITY.—The following non-Federal
entities are eligible to enter into the cooperative agreement
under this section:
(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.
(c) RESPONSIBILITIES OF THE SECRETARY.—
(1) MAP.—The Secretary shall prepare a map
identifying the location, size, and type of each con-
crete dam or weir referred to in subsection (a).
(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 dams and weirs referred
to in subsection (a) in accordance with a plan
of operations approved by the Secretary;
(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
with the terms and conditions of this section and the
cooperative agreement.
(d) RESPONSIBILITIES OF THE NON-FEDERAL ENTI-
TY.—The non-Federal entity shall be responsible for—
(1) carrying out its operation and maintenance
activities on the dams and weirs referred to in sub-
section (a) in conformance with this section and the
cooperative agreement; and
(2) the costs associated with the maintenance
and operation of the dams and weirs.
(e) 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 dams and weirs
referred to in subsection (a); or
(2) to otherwise conduct activities in the Emi-
grant Wilderness pursuant to the cooperative agree-
ment.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary
$20,000 to cover administrative costs incurred by the Sec-
retary to comply with the requirements of the National