Idaho Wilderness Water Facilities Act

Bill: 111-hr-4474
Sponsor: Rep. Minnick, Walter [D-ID-1]
Introduced: 2010-01-20 in the House
Policy area: Public Lands and Natural Resources
Subjects: Forests, forestry, trees
Idaho
Land transfers
Water storage
Water use and supply
Wilderness and natural areas, wildlife refuges, wild rivers, habitats

Summary:
action_date: 2010-01-20
text: 
Idaho Wilderness Water Facilities Act - Authorizes the Secretary of Agriculture to issue a special use authorization to each of the 20 owners of a water storage, transport, or diversion facility located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in Idaho for continued operation, maintenance, and reconstruction of such facility if it is determined that: (1) the facility was in existence on the date on which the land upon which it is located was designated as part of the National Wilderness Preservation System; (2) the facility has been in continuous use to deliver water for beneficial use on the owner's non-federal land since the date of designation; (3) the owner holds a valid water right for use of the water on such land under Idaho state law, with a priority date that predates such date; 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. 
 
 Authorizes the Secretary, in a special use authorization under this Act, to: (1) allow the use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if it is determined that the use is necessary to continue delivery of water to the non-federal land for beneficial uses and, after conducting a minimum tool analysis for a facility, that the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (2) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right. 
 
 Authorizes the Secretary, in such an authorization, to: (1) require or allow modification or relocation of a facility in the wilderness, as determined necessary, to reduce impacts to wilderness values if the beneficial use of water on the non-federal land is not diminished; and (2) 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. Permits the market value to 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 in obtaining an authorization for water facilities. 

action_date: 2010-01-27
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Idaho Wilderness Water Facilities Act - Authorizes the Secretary of Agriculture to issue a special use authorization to each of the 20 owners of a water storage, transport, or diversion facility located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in Idaho for continued operation, maintenance, and reconstruction of such facility if it is determined that: (1) the facility was in existence on the date on which the land upon which it is located was designated as part of the National Wilderness Preservation System; (2) the facility has been in continuous use to deliver water for beneficial use on the owner's non-federal land since the date of designation; (3) the owner holds a valid water right for use of the water on such land under Idaho state law, with a priority date that predates such date; 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. 
 
 Authorizes the Secretary, in a special use authorization under this Act, to: (1) allow the use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if it is determined that the use is necessary to continue delivery of water to the non-federal land for beneficial uses and, after conducting a minimum tool analysis for a facility, that the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (2) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right. 
 
 Authorizes the Secretary, in such an authorization, to: (1) require or allow modification or relocation of a facility in the wilderness, as determined necessary, to reduce impacts to wilderness values if the beneficial use of water on the non-federal land is not diminished; and (2) 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. Permits the market value to 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 in obtaining an authorization for water facilities. 

action_date: 2010-08-05
text: 

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

 
Idaho Wilderness Water Facilities Act - Authorizes the Secretary of Agriculture to issue a special use authorization to each of the 20 owners of a water storage, transport, or diversion facility located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in Idaho for continued operation, maintenance, and reconstruction of such facility if it is determined that: (1) the facility was in existence on the date on which the land upon which it is located was designated as part of the National Wilderness Preservation System; (2) the facility has been in continuous use to deliver water for beneficial use on the owner's non-federal land since the date of designation; (3) the owner holds a valid water right for use of the water on such land under Idaho state law, with a priority date that predates such date; 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. 
 
 Authorizes the Secretary, in a special use authorization under this Act, to: (1) allow the use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if it is determined that the use is necessary to continue delivery of water to the non-federal land for beneficial uses and, after conducting a minimum tool analysis for a facility, that the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (2) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right. 
 
 Authorizes the Secretary, in such an authorization, to: (1) require or allow modification or relocation of a facility in the wilderness, as determined necessary, to reduce impacts to wilderness values if the beneficial use of water on the non-federal land is not diminished; and (2) 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. Permits the market value to 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 in obtaining an authorization for water facilities. 


Legislative actions:
action_date: 2010-08-05
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 547.
action_date: 2010-08-05
text: Committee on Energy and Natural Resources. Reported by Senator Bingaman without amendment. With written report No. 111-277.
action_date: 2010-08-05
text: Committee on Energy and Natural Resources. Reported by Senator Bingaman without amendment. With written report No. 111-277.
action_date: 2010-06-21
text: Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
action_date: 2010-03-10
text: Committee on Energy and Natural Resources Subcommittee on Energy. Hearings held.
action_date: 2010-01-28
text: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
action_date: 2010-01-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-01-27
text: On passage Passed by the Yeas and Nays: 415 - 0 (Roll no. 22). (text: CR H403)
action_date: 2010-01-27
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 415 - 0 (Roll no. 22).(text: CR H403)
action_date: 2010-01-27
text: Considered as unfinished business. (consideration: CR H410-411)
action_date: 2010-01-27
text: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 4474, the Chair put the question on passage and by voice vote, announced the ayes had prevailed. Mr. Hastings of Washington demanded the yeas and nays and the Chair postponed further proceedings on the question of passage until a time to be announced.
action_date: 2010-01-27
text: The previous question was ordered pursuant to the rule. (consideration: CR H405)
action_date: 2010-01-27
text: DEBATE - The House proceeded with one hour of debate on H.R. 4474.
action_date: 2010-01-27
text: Rule provides for consideration of H.R. 3726 and H.R. 4474. Each bill is allowed 1 hour of general debate. The previous question shall be considered as ordered, in each instance, without intervening motions except one motion to recommit with or without instructions. Measures will be considered read.
action_date: 2010-01-27
text: Considered under the provisions of rule H. Res. 1038. (consideration: CR H403-405)
action_date: 2010-01-27
text: Rule H. Res. 1038 passed House.
action_date: 2010-01-26
text: Rules Committee Resolution H. Res. 1038 Reported to House. Rule provides for consideration of H.R. 3726 and H.R. 4474. Each bill is allowed 1 hour of general debate. The previous question shall be considered as ordered, in each instance, without intervening motions except one motion to recommit with or without instructions. Measures will be considered read.
action_date: 2010-01-20
text: Referred to the House Committee on Natural Resources.
action_date: 2010-01-20
text: Introduced in House
action_date: 2010-01-20
text: Introduced in House