S. 86Senate110th Congress (2007-2009)In Committee

Fossil Creek Wild and Scenic River Act

Introduced January 4, 2007

Legislative Activity

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6 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 635.

April 10, 2008

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SenateIntro Referral

Introduced in Senate

January 4, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S93-94)

January 4, 2007

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

January 4, 2007

SenateCommittee

Committee on Energy and Natural Resources Senate Subcommittee on National Parks. Hearings held. With printed Hearing: S.Hrg. 110-282.

November 8, 2007

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

January 30, 2008

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Bingaman with an amendment in the nature of a substitute and an amendment to the title. With written report No. 110-283.

April 10, 2008

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 635.

April 10, 2008

Floor Debate

22 members

What members said about S. 86 on the floor

9 Republicans13 Democrats
Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Jan 4, 2007

Mr. President, I rise today to introduce the Rural Preventive Health Care Training Act, a bill that responds to the dire need of our rural communities for quality health care and disease prevention…

John F. Kerry
Sen. John F. KerryD-MA · Jan 4, 2007

Mr. President, today the first bill I am introducing in the 110th Congress is the Kids Come First Act, legislation that would ensure every child in America has health care coverage. The Kids Come…

John McCain
Sen. John McCainR-AZ · Jan 4, 2007

Mr. President, I am pleased to be joined today by Senators Snowe, Biden, and Lieberman in introducing the Rail Security Act of 2007. This legislation is nearly identical to the rail security measures…

Max Baucus
Sen. Max BaucusD-MT · Jan 4, 2007

Mr. President, back in 1962, Marshall McLuhan wrote, ``The new electronic interdependence recreates the world in the image of a global village.'' Certainly, 40 years later, that concept is truer than…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jan 4, 2007

Mr. President, I rise today to introduce legislation that will bring to a close 18 years of litigation between the Natural Resources Defense Council, the Friant Water Users Authority and the U.S.…

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Wayne Allard
Sen. Wayne AllardR-CO · Jan 4, 2007

Mr. President, another piece of legislation that I am introducing today addresses an issue important to citizens of southern Colorado. The problem is this: cable and satellite subscribers in two…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Jan 4, 2007

Mr. President, I am pleased to join with Senator Pryor to introduce the ``Effective Corruption Prosecutions Act of 2007,'' a bill to strengthen the tools available to Federal prosecutors in combating…

Barbara Boxer
Sen. Barbara BoxerD-CA · Jan 4, 2007

Mr. President, I am introducing a bill that would require that tap water be tested for perchlorate, and would ensure the public's right to know about perchlorate in their drinking water. I am pleased…

James M. Inhofe
Sen. James M. InhofeR-OK · Jan 4, 2007

Mr. President, I rise today, as an experienced pilot over age 60, along with my colleagues, Senator Stevens, Senator Lieberman and Senator Feingold, to once again introduce a bill that will help end…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jan 4, 2007

Mr. President, I rise today to join my colleagues in cosponsoring S. 1, a bill to provide greater transparency in the legislative process. The recent elections sent a clear message to Congress that…

Herb Kohl
Sen. Herb KohlD-WI · Jan 4, 2007

Mr. President, I rise today on the first day of this new Congress to introduce the Citizen Petition Fairness and Accuracy Act of 2007. This legislation will help speed the introduction of cost-saving…

Barack Obama
Sen. Barack ObamaD-IL · Jan 4, 2007

Mr. President, I rise today to introduce legislation that is significant both in the problems it seeks to address and the man it seeks to honor. Since the day he arrived in Congress more than two…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Jan 4, 2007

Mr. President, at the end of the 109th Congress, I learned that the Internal Revenue Service had a tax surprise for citizens in my state of Louisiana and in Mississippi who are trying to rebuild…

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Arlen Specter
Sen. Arlen SpecterR-PA · Jan 4, 2007

Mr. President, I will introduce legislation denominated the Habeas Corpus Restoration Act. Last year, in the Military Commissions Act, the constitutional right of habeas corpus was attempted to be…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Jan 4, 2007

Mr. President, I rise to introduce ``The Intelligence Community Audit Act of 2007,'' with Senator Lautenberg. This legislation reaffirms the authority of the Comptroller General of the United States…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Jan 4, 2007

Mr. President, few things are more indispensable to the United States than good schools. Today more than ever, a quality education is the gateway to achieving the American dream and the best…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Jan 4, 2007

Mr. President, I rise today as a proud cosponsor of S. 3988, the Lane Evans Veterans Healthcare and Benefits Improvement Act of 2007. After serving with Lane Evans in the House of Representatives for…

Jim Bunning
Sen. Jim BunningR-KY · Jan 4, 2007

Mr. President, I rise today to introduce the Coal-to- Liquid Fuel Promotion Act of 2007. For too long, America has ignored its energy security. Many of us can remember the energy crises of the 1970s.…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jun 26, 2008

Mr. President, I rise today to introduce legislation to help millions of Americans overcome a deadly addiction: the addiction to tobacco. The Medicare, Medicaid and MCH Smoking Cessation Promotion…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Jan 4, 2007

Mr. President, I rise today with great pride to reintroduce legislation which would create a national park in my hometown of Paterson, NJ, The Paterson Great Falls National Park Act of 2007, which I…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Jun 26, 2008

Mr. President, I rise today to introduce, on behalf of myself and Senators Sessions, Murkowski, and Landrieu, a bill that establishes the foundation for a sustainable nuclear fuel cycle for the U.S.…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Jan 4, 2007

Mr. President, I am pleased to introduce a bill to permanently correct an injustice in the tax code that has harmed citizens in many States of this great Nation. State and local governments have…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Nov 8, 2007

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet during the session of the Senate on Thursday, November 8, 2007, at 10 a.m., in…

Arlen Specter
Sen. Arlen SpecterR-PA · Jun 26, 2008

Mr. President, I seek recognition today to introduce the Attorney-Client Privilege Protection Act of 2008, which is a modified version of my earlier legislation by the same name. This legislation,…

Bill Text

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Latest
Reported to SenateIssued April 10, 2008

II

Calendar No. 635

110th CONGRESS

2d Session

S. 86

[Report No. 110–283]

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.

1.

Short title

This Act may be cited as the Fossil Creek Wild and Scenic River Act of 2007.

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.

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.

.

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.

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.

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.

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.

1.

Short title

This Act may be cited as the Fossil Creek Wild and Scenic River Act.

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.

.

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.

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.

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..

April 10, 2008

Reported with an amendment and an amendment to the title