[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 199 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 199
To designate segments of Fossil Creek, a tributary to the Verde River
in the State of Arizona, as wild and scenic rivers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. Renzi introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fossil Creek Wild and Scenic River
Act of 2007''.
SEC. 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.
SEC. 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.''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
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