[DOCID: f:sr283.110]
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Calendar No. 635
110th Congress Report
SENATE
2d Session 110-283
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FOSSIL CREEK WILD AND SCENIC RIVER ACT
_______
April 10, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 86]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 86) to designate segments of Fossil
Creek, a tributary to the Verde River in the State of Arizona,
as wild and scenic rivers, having considered the same, reports
favorably thereon with an amendment and an amendment to the
title and recommends that the bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
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.
2. 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.''.
Purpose
The purpose of S. 86 is to designate approximately 16.8
miles of Fossil Creek, located in the State of Arizona, as a
component of the National Wild and Scenic Rivers System.
Background and Need
Located in central Arizona, Fossil Creek is a unique warm-
water perennial stream that flows from a complex of springs 14
miles to the Verde River, which has been designated a wild and
scenic river. Located in the Mazatzal Mountains, Fossil Creek
flows through remote and rugged terrain including a portion of
the Mazatzal Wilderness. Fossil Springs produces a constant
supply of water that is approximately 70 degrees Fahrenheit and
the creek is known for its travertine pools. The creek also
provides important habitat for a diverse native fisheries
population.
From 1908 to 2005, almost all of the natural flow of Fossil
Creek was removed from the creek for the Childs-Irving
hydroelectric project, operated by Arizona Public Service. In
2004 APS agreed not to seek renewal of the license and began a
plan to decommission the supporting infrastructure so that
natural flows could be restored to Fossil Creek.
S. 86 would designate approximately 16.8 miles of Fossil
Creek as a wild and scenic river in recognition of its
outstanding resource values. The bill would recognize that
ongoing project decommissioning activities and restoration
efforts would be allowed to continue.
Legislative History
S. 86 was introduced by Senators McCain and Kyl on January
4, 2007. The Subcommittee on National Parks held a hearing on
the bill on November 8, 2007. (S. Hrg. 110-282.) At its
business meeting on January 30, 2008, the Committee on Energy
and Natural Resources ordered S. 86 favorably reported with an
amendment in the nature of a substitute.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by a voice vote of a
quorum present, recommends that the Senate pass S. 86, if
amended as described herein.
Committee Amendment
During its consideration of S. 86, the Committee adopted an
amendment in the nature of a substitute. The amendment deleted
the findings section and made other conforming changes. The
amendment is explained in detail in the section-by-section
analysis, below.
Section-by-Section Analysis
Section 1 contains the short title, the ``Fossil Creek Wild
and Scenic River Act.''
Section 2 amends section 3(a) of the Wild and Scenic Rivers
Act (12 U.S.C. 1274(a)) to designate approximately 16.8 miles
of Fossil Creek in Arizona as a component of the National Wild
and Scenic Rivers System. Approximately 9.3 miles would be
designated as ``wild'' segments, and approximately 7.5 miles
would be designated as a ``recreational'' segment.
Section 3(a) authorizes Arizona Public Service Company, the
former licensee for the Childs-Irving Hydroelectric Project, to
conduct project decommissioning and restoration activities as
agreed to with the Federal Energy Regulatory Commission,
without requirements for further consultation under section 7
of the Wild and Scenic Rivers Act.
Subsection (b) authorizes Federal and State agencies to
conduct native fish restoration and barrier maintenance
activities in accordance with the referenced documents.
Section 4 provides that the United States Geological Survey
or any other entity that has written permission from the
Secretary of Agriculture may undertake activities related to
stream flow gauges in Fossil Creek, for the purpose of
monitoring and collecting stream flow and other water resource
information.
Section 5 authorizes the appropriation of such sums as are
necessary to carry out this Act.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 86--Fossil Creek Wild and Scenic River Act of 2007
S. 86 would designate about 17 miles of Fossil Creek, in
Arizona, as a wild or recreational river. The bill also would
authorize the Arizona Public Service Company to decommission
river projects and conduct restoration activities along Fossil
Creek.
Assuming the availability of appropriated funds, CBO
estimates that it would cost less than $1 million over the
2009-2013 period to carry out the activities authorized by the
bill. Enacting this legislation would not affect direct
spending or revenues.
S. 86 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Tyler Kruzich.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 86. The bill is not a regulatory measure in the
sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 86, as ordered reported.
Congressionally Directed Spending
S. 86, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the Forest Service at the
November 8, 2007 Subcommittee hearing on S. 86 follows:
Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest
Service, Department of Agriculture
Mr. Chairman and members of the subcommittee, I appreciate
the opportunity to appear before you today to provide the
Department's view on the Fossil Creek Wild and Scenic River Act
of 2007.
With some minor amendments, the Department of Agriculture
strongly recommends that S. 86 be enacted.
S. 86 would amend section 3(a) of the Wild and Scenic
Rivers Act (16 USC 1274(a)) 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. The
segments to be designated by S. 86 include the river from its
source to its confluence with the Verde Wild and Scenic River.
S. 86 provides allowance for specified fish restoration
activities and stream flow monitoring.
Fossil Creek has been impacted since the early 20th century
by the Childs-Irving Hydropower Project which diverted
essentially all the water from Fossil Springs for power
production. In 2004, as a result of a unique collaboration
among Arizona Public Services (APS), the Forest Service,
tribes, environmental groups and others, the Childs- Irving
Hydropower Project license was surrendered with a plan to
decommission the supporting infrastructure and restore flows to
Fossil Creek.
APS supported the decommissioning of this project to give
the residents of the State a perennial stream in the desert
that possesses rare regional and national values. Fossil Creek,
with its consistent spring flow, harbors the endangered desert
fish, contains unique geologic formations, and provides an
opportunity to share the prehistory and history of central
Arizona.
S. 86 recognizes the significant efforts made by Federal,
State, tribal and local entities to return this tributary to a
free-flowing condition. Passage of this bill ensures the
protection of this tributary for future generations.
We would like to work with the Subcommittee on ensuring
consistency in the language of this bill, and the Wild and
Scenic Rivers Act, and Forest Service reports and analyses of
Fossil Creek.
In addition, the uppermost point of the Fossil Creek
tributary is difficult to identify. We would like to work with
the Subcommittee to provide a description of this beginning
point. We also would like to ensure that the designated river
segments are accurately classified. Due to the existence of the
Fossil Springs Dam, the 16.8 mile stretch of Fossil Creek that
would be designated includes a 7.5 mile stretch that fits the
description for a recreation river, rather than a scenic river.
This concludes my prepared statement and I would be pleased
to answer any questions you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 86 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
WILD AND SCENIC RIVERS ACT
(Public Law 90-542; Approved October 2, 1968)
[16 U.S.C. 1271 et seq.]
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
this Act may be cited as the ``Wild and Scenic Rivers Act''.
* * * * * * *
Sec. 3(a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
* * * * * * *
(167) White salmon river, washington.--
* * * * * * *
(168) Black butte river, california.--
* * * * * * *
[(167)] (169) Musconetcong river, new jersey.--
* * * * * * *
(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 San Rock and Calf Pen Canyons
to the point where the segment exists the
Fossil Creek 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.
* * * * * * *
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