Authorizes appropriations.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 434 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 434
To direct the Secretary of Agriculture to enter into a cooperative
agreement to provide for retention, maintenance, and operation, at
private expense, of the 18 concrete dams and weirs located within the
boundaries of the Emigrant Wilderness in the Stanislaus National
Forest, California, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2001
Mr. Doolittle (for himself and Mr. Condit) introduced the following
bill; which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to enter into a cooperative
agreement to provide for retention, maintenance, and operation, at
private expense, of the 18 concrete dams and weirs located within the
boundaries of the Emigrant Wilderness in the Stanislaus National
Forest, California, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. OPERATION AND MAINTENANCE OF EXISTING DAMS AND WEIRS,
EMIGRANT WILDERNESS, STANISLAUS NATIONAL FOREST,
CALIFORNIA.
(a) Cooperative Agreement.--The Secretary of Agriculture
(hereinafter referred to as the ``Secretary'') 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, on the date of
the enactment of this section, 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 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 $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.
<all>
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Forests and Forest Health.
Executive Comment Requested from USDA.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Resources. H. Rept. 107-201.
Reported (Amended) by the Committee on Resources. H. Rept. 107-201.
Placed on the Union Calendar, Calendar No. 118.
Mr. Peterson (PA) moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H5463-5464)
DEBATE - The House proceeded with forty minutes of debate on H.R. 434.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5463-5464)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5463-5464)
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.