I 
109TH CONGRESS 
2D SESSION 
H. R. 5957 
To designate segments of Fossil Creek, a tributary to the Verde River in 
the State of Arizona, as wild and scenic rivers. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2006 
Mr. RENZI (for himself, Mr. GRIJALVA, Mr. PASTOR, Mr. HAYWORTH, and 
Mr. KOLBE) introduced the following bill; which was referred to the Com-
mittee on Resources 
A BILL 
To designate segments of Fossil Creek, a tributary to the 
Verde River in the State of Arizona, as wild and scenic 
rivers. 
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 ‘‘Fossil Creek Wild and 
Scenic River Act of 2006’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the restoration of stream flow to Fossil 
Creek resulting from the decommissioning of the 
VerDate Aug 31 2005 
04:50 Jul 30, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
ccoleman on PROD1PC71 with BILLS
Childs-Irving Hydroelectric Project by the Arizona 
Public Service Company is a demonstration of re-
markable corporate stewardship resulting in the re-
birth of a river; 
(2) the spring-fed waters of Fossil Creek are 
exceptional for central Arizona and the travertine 
geological formations are rarely found anywhere in 
the United States; 
(3) the restoration of stream flow to Fossil 
Creek will provide riparian habitat for native fish, 
birds, plants, mammals, amphibians, and reptiles; 
(4) the Yavapai-Apache Nation considers Fossil 
Creek to be a sacred place, with significant spiritual 
and cultural values; 
(5) the Verde River, into which Fossil Creek 
flows, has previously been added to the National 
Wild and Scenic Rivers System; 
(6) the Northern Arizona University has in-
vested significant resources in studying the restora-
tion of Fossil Creek and the unique geological, 
hydrological, and biological characteristics of Fossil 
Creek; 
(7) State and Federal land and resource man-
agement agencies have invested significant resources 
in restoring the native fish populations of Fossil 
VerDate Aug 31 2005 
04:50 Jul 30, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
ccoleman on PROD1PC71 with BILLS
Creek through barrier construction and stream ren-
ovation activities; 
(8) the Fossil Creek watershed will continue to 
provide opportunities for hiking, swimming, camp-
ing, horseback riding, wildlife viewing, hunting, and 
livestock grazing; 
(9) the Forest Service has determined that Fos-
sil Creek is eligible for inclusion into the National 
Wild and Scenic Rivers System based on the free- 
flowing condition and outstandingly remarkable geol-
ogy, ecology, fish, wildlife, cultural, and scenic values 
of the creek; and 
(10) this reborn river deserves long-term pro-
tection secured by a sustainable management plan 
that recognizes and maintains the remarkable values 
of the Fossil Creek area. 
SEC. 3. DESIGNATION OF WILD AND SCENIC RIVERS. 
Section 3(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1274(a)) is amended— 
(1) by redesignating the last paragraph (relat-
ing to the White Salmon River, Washington) as 
paragraph (167); and 
(2) by adding at the end the following: 
‘‘(168) FOSSIL CREEK, ARIZONA.— 
VerDate Aug 31 2005 
04:50 Jul 30, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
ccoleman on PROD1PC71 with BILLS
‘‘(A) UPPER
FOSSIL
CREEK.—From the 
source at Fossil Springs below Sand Rock and 
Calf Pen Canyons to where the water leaves the 
Fossil Spring Wilderness Area, as a wild river. 
‘‘(B) MIDDLE FOSSIL CREEK.—From the 
border of the Fossil Spring Wilderness Area to 
the Mazatzal Wilderness Boundary, as a scenic 
river. 
‘‘(C) SEGMENT.—The 6.6 miles from the 
Mazatzal Wilderness Boundary down to the 
confluence with the Verde River, as a wild 
river.’’. 
SEC. 4. MANAGEMENT OF RIVER SEGMENTS. 
The Secretary of Agriculture shall— 
(1) manage the river segments designated in 
section 3; and 
(2) submit a river management plan for the 
designated segments to Congress not later than 2 
years after the date of enactment of this Act. 
SEC. 5. ALLOWANCE FOR RESTORATION ACTIVITIES. 
(a) ARIZONA PUBLIC SERVICE COMPANY.—Without 
further consultation under section 7 of the Wild and Sce-
nic Rivers Act (16 U.S.C. 1278), Arizona Public Service 
Company, the former licensee for the Childs-Irving Hydro-
electric Project (FERC project number 2069), may con-
VerDate Aug 31 2005 
04:50 Jul 30, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
ccoleman on PROD1PC71 with BILLS
duct project decommissioning and restoration activities 
agreed to in the surrender application and relevant dock-
eted filings with the Federal Energy Regulatory Commis-
sion. 
(b) FEDERAL AND STATE AGENCIES.—Any Federal 
or State agency may conduct stream restoration and bar-
rier maintenance activities in accordance with the environ-
mental assessment and finding of no significant impact 
for the Fossil Creek Native Fish Restoration Project dated 
2004. 
SEC. 6. STREAM MONITORING. 
Notwithstanding the amendment made by section 3, 
the United States Geological Survey or any permittee of 
the Forest Service may undertake any necessary activities, 
including access by any existing road, to install, operate, 
maintain, or otherwise manage 1 or more stream flow 
gauges on Fossil Creek in cooperation with the Forest 
Service for the purpose of monitoring and collecting 
stream flow and other water resource information. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary for each fiscal year— 
(1) to prepare management plans for all river 
segments designated as wild or scenic rivers under 
section 3 not later than 2 years after the date of 
VerDate Aug 31 2005 
04:50 Jul 30, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5957.IH
H5957
ccoleman on PROD1PC71 with BILLS
designation, in accordance with section 3(d)(1) of 
the Wild and Scenic Rivers Act (16 U.S.C. 
1274(d)(1)); 
(2) to fund a river ranger to oversee Fossil 
Creek; and 
(3) to otherwise carry out this Act. 
Æ 
VerDate Aug 31 2005 
04:50 Jul 30, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H5957.IH
H5957
ccoleman on PROD1PC71 with BILLS