[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 86 Reported in Senate (RS)]
Calendar No. 635
110th CONGRESS
2d Session
S. 86
[Report No. 110-283]
To designate segments of Fossil Creek, a tributary to the Verde River
in the State of Arizona, as wild and scenic rivers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 4, 2007
Mr. McCain (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 Mr. Bingaman, 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Fossil Creek Wild and
Scenic River Act of 2007''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) the restoration of stream flow to Fossil Creek
will provide riparian habitat for native fish, birds, plants,
mammals, amphibians, and reptiles;</DELETED>
<DELETED> (4) the Yavapai-Apache Nation considers Fossil
Creek to be a sacred place, with significant spiritual and
cultural values;</DELETED>
<DELETED> (5) the Verde River, into which Fossil Creek
flows, has previously been added to the National Wild and
Scenic Rivers System;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (8) the Fossil Creek watershed will continue to
provide opportunities for hiking, swimming, camping, horseback
riding, wildlife viewing, hunting, and livestock
grazing;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DESIGNATION OF WILD AND SCENIC RIVERS.</DELETED>
<DELETED> Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended--</DELETED>
<DELETED> (1) by redesignating the last 3 paragraphs as
paragraphs (167) through (169), respectively; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(170) Fossil creek, arizona.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Middle fossil creek.--From the
border of the Fossil Spring Wilderness Area to the
Mazatzal Wilderness Boundary, as a scenic
river.</DELETED>
<DELETED> ``(C) Segment.--The 6.6 miles from the
Mazatzal Wilderness Boundary down to the confluence
with the Verde River, as a wild river.''.</DELETED>
<DELETED>SEC. 4. MANAGEMENT OF RIVER SEGMENTS.</DELETED>
<DELETED> The Secretary of Agriculture shall--</DELETED>
<DELETED> (1) manage the river segments designated in
section 3; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 5. ALLOWANCE FOR RESTORATION ACTIVITIES.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. STREAM MONITORING.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated such sums as are
necessary for each fiscal year--</DELETED>
<DELETED> (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));</DELETED>
<DELETED> (2) to fund a river ranger to oversee Fossil
Creek; and</DELETED>
<DELETED> (3) to otherwise carry out this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fossil Creek Wild and Scenic River
Act''.
SEC. 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.''.
SEC. 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.
SEC. 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.
SEC. 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.''.
Calendar No. 635
110th CONGRESS
2d Session
S. 86
[Report No. 110-283]
_______________________________________________________________________
A BILL
To designate segments of Fossil Creek, a tributary to the Verde River
in the State of Arizona, as wild and scenic rivers.
_______________________________________________________________________
April 10, 2008
Reported with an amendment and an amendment to the title