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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Bitterroot National Forest Dam and
Reservoir Maintenance Act''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the wilderness dams in the Bitterroot National Forest
in the State of Montana provide numerous benefits to the people
living in the Bitterroot Valley; and
(2) those benefits include--
(A) groundwater recharge;
(B) maintenance of open space by permitting
sustainable family ranches and farms, rather than
subdividing ranches and farms;
(C) increased late summer streamflows that support
riparian and fishery habitat needs; and
(D) flood control.
(b) Purposes.--The purposes of this Act are--
(1) to grant rights-of-way to owners of dams located in the
Bitterroot National Forest in the State of Montana; and
(2) to continue to provide the benefits described in
subsection (a).

SEC. 3. DEFINITIONS.

In this Act:
(1) Dam.--The term ''dam'' means a dam, including any
reservoirs and appurtenances to the dam, that is located in the
Forest as of the date of enactment of this Act.
(2) Forest.--The term ''Forest'' means the Bitterroot
National Forest in the State.
(3) Owner.--The term ''owner'' means--
(A) the owner of a dam;
(B) the owner of a water storage right for a dam;
or
(C) the owner of rights-of-way under this Act or
other Federal law.
(4) Secretaries.--The term ''Secretaries'' means the
Secretary of Agriculture and the Secretary of Interior.
(5) State.--The term ''State'' means the State of Montana.
(6) Trail.--The term ''trail'' means a trail, access route,
or primitive road in the Forest in existence on the date of
enactment of this Act.

SEC. 4. RIGHTS-OF-WAY.

(a) In General.--Notwithstanding the Wilderness Act (16 U.S.C. 1131
et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), or any other provision of law, the Secretaries shall, on the
date of enactment of this Act, grant to the owners, for no
consideration, rights-of-way--
(1) to the trails, for purposes of providing access to any
dams owned by the owner; and
(2) to areas of the Forest adjacent to any dams owned by
the owner, for purposes of the construction, reconstruction,
maintenance, repair, and operation of the dam.
(b) Boundaries.--
(1) In general.--As soon as practicable after the date of
enactment this Act, the owners shall, subject to paragraphs (2)
and (3), prepare a map establishing the boundaries of the
rights-of-way granted under subsection (a).
(2) Trails.--A right-of-way granted under subsection (a)(1)
shall extend at least 8 feet but not more than 60 feet in width
from the center of the trail.
(3) Adjacent areas.--A right-of-way granted under
subsection (a)(2)--
(A) shall be to areas of the Forest that are
located not less than 50 feet nor more than 500 feet
and further than 500 feet from the highwater mark and
downstream dam toe to include additional area
determined as necessary by the owner; and
(B) shall include the least amount of land that is
necessary, as determined by the State and owner, for
the owner to construct, reconstruct, maintain, repair,
and operate the dam, including borrow material, camp
sites, pasture for pack and work animals, and tool and
equipment storage sites.
(c) Construction, Maintenance, and Repair.--An owner granted a
right-of-way under subsection (a)(1) may construct, maintain, and
repair the right-of-way.
(d) Authorized Uses.--
(1) Motor vehicles.--Notwithstanding section 4(c) of the
Wilderness Act (16 U.S.C. 1113), an owner may use motor
vehicles, motorized and mechanized equipment, and other forms
of mechanized transport--
(A) on the rights-of-way granted under subsection
(a); and
(B) at the owner's dam.
(2) Aircraft.--An owner may operate aircraft in the
airspace over the Forest to access the dam and may land the
aircraft on the rights-of-way.
(e) Applicable Law.--Any activities that are carried out by an
owner in a right-of-way granted under subsection (a) or for the
purposes referred to in subsection (a)(2)--
(1) shall be regulated by the State, in accordance with
State law; and
(2) shall not be subject to--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(C) the National Dam Safety Program Act (33 U.S.C.
467 et seq.);
(D) any other Federal law establishing engineering
and construction standards for dams; or
(E) any other provision of Federal law to protect
fish and wildlife or maintain water quality standards.
(f) Limitation on Liability.--An owner of a dam shall not be liable
for any claim or damage that may arise from the conduct of activities
to construct, maintain, repair, and operate the dam, except any claim
or damage that arises from the negligence of the owner.
(g) Subsequent Conveyance.--The rights-of-way granted under
subsection (a) may be subsequently conveyed by the owner without the
consent of the Secretaries.
(h) Termination.--A right-of-way granted to an owner under
subsection (a) shall terminate if the State determines, after notice to
the owner and a hearing, that the owner has not accessed or conducted
activities at the dam for 10 consecutive years.
(i) Effect.--
(1) Water rights.--Nothing in this Act affects or in any
way interferes with laws of the State relating to the control,
appropriation, use, or distribution of water used in irrigation
or other beneficial purposes, or any vested right acquired
under State law, and the Secretaries shall proceed in
conformity with such laws in all land and water management
activities under all authorities.
(2) Existing rights-of-way.--The rights-of-way granted
under this Act shall be in addition to any rights-of-way
granted to an owner under section 18 of the Act of March 3,
1891 (43 U.S.C. 946), sections 2339 and 2340 of the Revised
Statutes (43 U.S.C. 661), or any other provision of law.
(3) Compensable claims.--Any land and water management
activities taken by the Secretaries which interfere with the
access to or exercise of water rights or rights-of-way of the
owner shall create in the owner a valid and compensable takings
claim.
A:
Bitterroot National Forest Dam and Reservoir Maintenance Act - Directs the Secretaries of Agriculture and the Interior to grant to the owner of a dam, a water storage right for a dam, or a right-of-way, for no consideration, rights-of-way to: (1) the trails, access routes, or primitive roads in the Bitterroot National Forest, Montana, for purposes of providing access to such dam; and (2) areas of that Forest adjacent to such dam for purposes of dam construction, reconstruction, maintenance, repair, and operation.

Requires such owners to prepare a map establishing the boundaries of the rights-of-way granted, which shall extend at least eight feet but not more than 60 feet in width from the center of the trail.

Authorizes an owner to: (1) use mechanized transport on the rights-of-way and at the owner's dam; and (2) operate aircraft in the airspace over the Forest to access the dam; and (3) land the aircraft on the rights-of-way.

Provides that any activities carried out by an owner in a right-of-way granted under this Act shall be regulated by the state and shall not be subject to specified federal law, including the Wilderness Act and the National Environmental Policy Act of 1969.