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Union Calendar No. 247
106th CONGRESS
1st Session
H. R. 359
[Report No. 106-425]
To clarify the intent of Congress in Public Law 93-632 to require the
Secretary of Agriculture to continue to provide for the maintenance and
operation of 18 concrete dams and weirs that were located in the
Emigrant Wilderness at the time the wilderness area was designated in
that Public Law.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 19, 1999
Mr. Doolittle introduced the following bill; which was referred to the
Committee on Resources
November 1, 1999
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
A BILL
To clarify the intent of Congress in Public Law 93-632 to require the
Secretary of Agriculture to continue to provide for the maintenance and
operation of 18 concrete dams and weirs that were located in the
Emigrant Wilderness at the time the wilderness area was designated in
that Public Law.
Be it enacted by the Senate and House of Representatives 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 1999''.
SEC. 2. OPERATION AND MAINTENANCE OF EXISTING DAMS AND WEIRS, EMIGRANT
WILDERNESS, STANISLAUS NATIONAL FOREST, CALIFORNIA.
(a) Cooperative Agreement.--The Secretary of Agriculture shall
enter into a cooperative agreement with a non-Federal entity described
in subsection (b), under which the entity will retain, maintain, and
operate at private expense the 18 concrete dams and weirs 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) Eligible Entity.--The following non-Federal entities are
eligible to enter into the cooperative agreement under this section:
(1) A non-profit organization as defined in section
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 subdivision of
the State.
(3) A private individual, organization, corporation, or
other legal entity.
(c) Responsibilities of the Secretary.--
(1) Map.--The Secretary of Agriculture shall prepare a map
identifying the location, size, and type of each concrete dam
or weir referred to in subsection (a).
(2) Terms and conditions of agreement.--The Secretary shall
prescribe the terms and conditions of the cooperative
agreement, which shall set forth the rights and obligations of
the Secretary and the non-Federal entity. At a minimum, the
cooperative agreement shall--
(A) require the non-Federal entity to operate and
maintain the dams and weirs referred to in subsection
(a) in accordance with a plan of operations approved by
the Secretary;
(B) require approval by the Secretary of all
operation and maintenance activities to be conducted by
the non-Federal entity;
(C) require the non-Federal entity to comply with
all applicable State and Federal environmental, public
health, and safety requirements; and
(D) establish enforcement standards, including
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.
(d) Responsibilities of the Non-Federal Entity.--The non-Federal
entity shall be responsible for--
(1) carrying out its operation and maintenance activities
on the dams and weirs referred to in subsection (a) in
conformance with this section and the cooperative agreement;
and
(2) the costs associated with the maintenance and operation
of the dams and weirs.
(e) Prohibition on Use of Mechanized Transport and Motorized
Equipment.--The non-Federal entity may not use mechanized transport or
motorized equipment--
(1) to operate or maintain the dams and weirs referred to
in subsection (a); or
(2) to otherwise conduct activities in the Emigrant
Wilderness pursuant to the cooperative agreement.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $20,000 to cover
administrative costs incurred by the Secretary to comply with the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in carrying out this section.
Union Calendar No. 247
106th CONGRESS
1st Session
H. R. 359
[Report No. 106-425]
_______________________________________________________________________
A BILL
To clarify the intent of Congress in Public Law 93-632 to require the
Secretary of Agriculture to continue to provide for the maintenance and
operation of 18 concrete dams and weirs that were located in the
Emigrant Wilderness at the time the wilderness area was designated in
that Public Law.
_______________________________________________________________________
November 1, 1999
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Pages: 1 Other Popular 106th Congressional Bills Documents:
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