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S. 86 (110th): Fossil Creek Wild and Scenic River Act

The text of the bill below is as of Apr 10, 2008 (Reported by Senate Committee).


II

Calendar No. 635

110th CONGRESS

2d Session

S. 86

[Report No. 110–283]

IN THE SENATE OF THE UNITED STATES

January 4, 2007

(for himself and Mr. Kyl) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

April 10, 2008

Reported by , with an amendment and an amendment to the title

Strike out all after the enacting clause and insert the part printed in italic

A BILL

To designate segments of Fossil Creek, a tributary to the Verde River in the State of Arizona, as wild and scenic rivers.

1.

Short title

This Act may be cited as the Fossil Creek Wild and Scenic River Act of 2007.

2.

Findings

Congress finds that—

(1)

the restoration of stream flow to Fossil Creek resulting from the decommissioning of the Childs-Irving Hydroelectric Project by the Arizona Public Service Company is a demonstration of remarkable corporate stewardship resulting in the rebirth 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 invested significant resources in studying the restoration of Fossil Creek and the unique geological, hydrological, and biological characteristics of Fossil Creek;

(7)

State and Federal land and resource management agencies have invested significant resources in restoring the native fish populations of Fossil Creek through barrier construction and stream renovation activities;

(8)

the Fossil Creek watershed will continue to provide opportunities for hiking, swimming, camping, horseback riding, wildlife viewing, hunting, and livestock grazing;

(9)

the Forest Service has determined that Fossil Creek is eligible for inclusion into the National Wild and Scenic Rivers System based on the free-flowing condition and outstandingly remarkable geology, ecology, fish, wildlife, cultural, and scenic values of the creek; and

(10)

this reborn river deserves long-term protection secured by a sustainable management plan that recognizes and maintains the remarkable values of the Fossil Creek area.

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 3 paragraphs as paragraphs (167) through (169), respectively; and

(2)

by adding at the end the following:

(170)

Fossil Creek, Arizona

(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.

.

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.

5.

Allowance for restoration activities

(a)

Arizona Public Service Company

Without further consultation under section 7 of the Wild and Scenic Rivers Act (16 U.S.C. 1278), Arizona Public Service Company, the former licensee for the Childs-Irving Hydroelectric Project (FERC project number 2069), may conduct project decommissioning and restoration activities agreed to in the surrender application and relevant docketed filings with the Federal Energy Regulatory Commission.

(b)

Federal and State agencies

Any Federal or State agency may conduct stream restoration and barrier maintenance activities in accordance with the environmental assessment and finding of no significant impact for the Fossil Creek Native Fish Restoration Project dated 2004.

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.

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 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.

1.

Short title

This Act may be cited as the Fossil Creek Wild and Scenic River Act.

2.

Designation of wild and scenic river segments

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended—

(1)

by redesignating paragraph (167) (relating to the Musconetcong River, New Jersey) as paragraph (169);

(2)

by designating the undesignated paragraph relating to the White Salmon River, Washington, as paragraph (167);

(3)

by designating the undesignated paragraph relating to the Black Butte River, California, as paragraph (168); and

(4)

by adding at the end the following:

(170)

Fossil Creek, Arizona

Approximately 16.8 miles of Fossil Creek from the confluence of Sand Rock and Calf Pen Canyons to the confluence with the Verde River, to be administered by the Secretary of Agriculture in the following classes:

(A)

The approximately 2.7-mile segment from the confluence of Sand Rock and Calf Pen Canyons to the point where the segment exits the Fossil Spring Wilderness, as a wild river.

(B)

The approximately 7.5-mile segment from where the segment exits the Fossil Creek Wilderness to the boundary of the Mazatzal Wilderness, as a recreational river.

(C)

The 6.6-mile segment from the boundary of the Mazatzal Wilderness downstream to the confluence with the Verde River, as a wild river.

.

3.

Restoration activities

(a)

Arizona public service company

Without further consultation under section 7 of the Wild and Scenic Rivers Act (16 U.S.C. 1278), Arizona Public Service Company, the former licensee for the Childs-Irving Hydroelectric Project (FERC project number 2069), may conduct project decommissioning and restoration activities agreed to in the surrender application and relevant docketed filings with the Federal Energy Regulatory Commission.

(b)

Federal and State agencies

Federal and State agencies may conduct native fish restoration and barrier maintenance activities in accordance with the Environmental Assessment, Decision Notice, and Finding of No Significant Impact for the document entitled Native Fish Restoration in Fossil Creek and dated 2004.

4.

Stream monitoring

Notwithstanding the amendment made by section 2, the United States Geological Survey or any other entity that has been given written permission for the activity from the Secretary of Agriculture may undertake any necessary activities, including access by any existing road, to install, operate, maintain, or otherwise manage 1 or more stream flow gauges in Fossil Creek in cooperation with the Forest Service for the purpose of monitoring and collecting stream flow and other water resource information.

5.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act.

Amend the title so as to read: A bill to designate Fossil Creek, a tributary of the Verde River in the State of Arizona, as a component of the National Wild and Scenic Rivers System..

April 10, 2008

Reported with an amendment and an amendment to the title