IB
Union Calendar No. 118
107TH CONGRESS
1ST SESSION
H. R. 434
[Report No. 107–201]
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
SEPTEMBER 6, 2001
Reported with amendments, 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 February 6, 2001]
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. SHORT TITLE.
This Act may be cited as the ‘‘Emigrant Wilderness
Preservation Act of 2001’’.
SEC. 2. OPERATION AND MAINTENANCE OF CERTAIN
WATER IMPOUNDMENT STRUCTURES IN THE
EMIGRANT WILDERNESS, STANISLAUS NA-
TIONAL FOREST, CALIFORNIA.
(a) COOPERATIVE AGREEMENT FOR MAINTENANCE
AND OPERATION.—The Secretary of Agriculture shall enter
into a cooperative agreement with a non-Federal entity de-
scribed in subsection (c), under which the entity will retain,
maintain, and operate at private expense the water im-
poundment structures specified in subsection (b) that are
located 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) COVERED WATER IMPOUNDMENT STRUCTURES.—
The cooperative agreement required by subsection (a) shall
cover the water impoundment structures located at the fol-
lowing:
(1) Cow Meadow Lake.
(2) Y-Meadow Lake.
(3) Huckleberry Lake.
(4) Long Lake.
(5) Lower Buck Lake.
(6) Leighton Lake.
(7) High Emigrant Lake.
(8) Emigrant Meadow Lake.
(9) Middle Emigrant Lake.
(10) Emigrant Lake.
(11) Snow Lake.
(12) Bigelow Lake.
(c) ELIGIBLE ENTITY.—The following non-Federal en-
tities are eligible to enter into the cooperative agreement
under subsection (a):
(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.
(d) RESPONSIBILITIES OF THE SECRETARY.—
(1) MAP.—The Secretary of Agriculture shall
prepare a map identifying the location, size, and type
of each water impoundment structure covered by the
cooperative agreement under 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 water impoundment struc-
tures covered by the agreement in accordance
with a plan of operations approved by the Sec-
retary;
(B) require approval by the Secretary of all
operation and maintenance activities to be con-
ducted 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, includ-
ing termination of the cooperative agreement for
noncompliance by the non-Federal entity 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.
(e) RESPONSIBILITIES OF THE NON-FEDERAL ENTI-
TY.—The non-Federal entity shall be responsible for—
(1) carrying out its operation and maintenance
activities with respect to the water impoundment
structures covered by the cooperative agreement under
subsection (a) in conformance with this section and
the cooperative agreement; and
(2) the costs associated with the maintenance
and operation of the structures.
(f) PROHIBITION ON USE OF MECHANIZED TRANS-
PORT AND MOTORIZED EQUIPMENT.—The non-Federal en-
tity may not use mechanized transport or motorized
equipment—
(1) to operate or maintain the water impound-
ment structures covered by the cooperative agreement
under subsection (a); or
(2) to otherwise conduct activities in the Emi-
grant Wilderness pursuant to the cooperative agree-
ment.
(g) EXPANSION
OF AGREEMENT
TO COVER ADDI-
TIONAL STRUCTURES.—In the case of the six water im-
poundment structures located within the boundaries of the
Emigrant Wilderness, but not specified in subsection (b),
Union Calendar No. 118
107TH CONGRESS
1ST SESSION
H. R. 434
[Report No. 107–201]
A BILL
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.
SEPTEMBER 6, 2001
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed