H.R. 4474House111th Congress (2009-2011)Passed House

Idaho Wilderness Water Facilities Act

Introduced January 20, 2010

Legislative Activity

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17 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 547.

August 5, 2010

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HouseIntro Referral

Introduced in House

January 20, 2010

HouseIntro Referral

Referred to the House Committee on Natural Resources.

January 20, 2010

HouseFloor

Rules Committee Resolution H. Res. 1038 Reported to House. Rule provides for consideration of H.R. 3726 and H.R. 4474. Each bill is allowed 1 hour of general debate. The previous question shall be considered as ordered, in each instance, without intervening motions except one motion to recommit with or without instructions. Measures will be considered read.

January 26, 2010 • 6:49 PM

HouseFloor

Rule H. Res. 1038 passed House.

January 27, 2010 • 12:00 PM

HouseFloor

Considered under the provisions of rule H. Res. 1038. (consideration: CR H403-405)

January 27, 2010 • 12:33 PM

HouseFloor

Rule provides for consideration of H.R. 3726 and H.R. 4474. Each bill is allowed 1 hour of general debate. The previous question shall be considered as ordered, in each instance, without intervening motions except one motion to recommit with or without instructions. Measures will be considered read.

January 27, 2010 • 12:33 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 4474.

January 27, 2010 • 12:33 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H405)

January 27, 2010 • 12:45 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 4474, the Chair put the question on passage and by voice vote, announced the ayes had prevailed. Mr. Hastings of Washington demanded the yeas and nays and the Chair postponed further proceedings on the question of passage until a time to be announced.

January 27, 2010 • 12:46 PM

HouseFloor

Considered as unfinished business. (consideration: CR H410-411)

January 27, 2010 • 1:26 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 415 - 0 (Roll no. 22).(text: CR H403)

January 27, 2010 • 1:53 PM

HouseFloor

On passage Passed by the Yeas and Nays: 415 - 0 (Roll no. 22). (text: CR H403)

January 27, 2010 • 1:53 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

January 27, 2010 • 1:53 PM

SenateIntro Referral

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

January 28, 2010

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Energy. Hearings held.

March 10, 2010

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.

June 21, 2010

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Bingaman without amendment. With written report No. 111-277.

August 5, 2010

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 547.

August 5, 2010

Floor Debate

15 members

What members said about H.R. 4474 on the floor

8 Republicans7 Democrats
Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jan 21, 2010

I thank my friend, the Republican whip, for yielding. On Monday the House is not in session. On Tuesday the House will meet at 12:30 p.m. for morning-hour debate and 2 p.m. for legislative business.…

Pete Sessions
Rep. Pete SessionsR-TX-32 · Jan 27, 2010

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to this closed rule, yet another closed rule before the Congress, and I object to the process by which this…

Jared Polis
Rep. Jared PolisD-CO-2 · Jan 27, 2010

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1038 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Eric Cantor
Rep. Eric CantorR-VA-7 · Jan 21, 2010

Madam Speaker, I yield to the gentleman from Maryland, the majority leader, for the purpose of announcing next week's schedule. I thank the gentleman. Madam Speaker, I would ask the gentleman if he…

David Dreier
Rep. David DreierR-CA-26 · Jan 27, 2010

I thank both of my Rules Committee colleagues for being here. And I will say that this is obviously a very important day. We're anxiously looking forward to the message that the President of the…

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Doc Hastings
Rep. Doc HastingsR-WA-4 · Jan 27, 2010

Madam Speaker, I yield myself as much time as I may consume. Madam Speaker, I will first speak to the merits of this legislation before focusing on the partisan reasons why the House is having to…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Jan 29, 2010

Madam Speaker, on Tuesday, January 12, I requested and received a leave of absence until January 27, 2010. For the information of our colleagues and my constituents, below is how I would have voted…

Michael K. Simpson
Rep. Michael K. SimpsonR-ID-2 · Jan 27, 2010

Madam Speaker, I rise today in support of H.R. 4474, the Idaho Wilderness Water Resources Protection Act. This bipartisan, non-controversial legislation is a technical fix intended to enable the…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Jan 27, 2010

Madam Speaker, pursuant to House Resolution 1038, I call up the bill (H.R. 4474) to authorize the continued use of certain water diversions located on National Forest System land in the Frank Church-…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Feb 24, 2010

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Public Lands and Forests. The hearing will be…

Walter Minnick
Rep. Walter MinnickD-ID-1 · Jan 27, 2010

I thank the chairman. And I would like to indicate that the partisanship which leads to this particular procedural process for bringing this bill back to the floor has nothing to do with the merits…

Sanford D. Bishop, Jr.
Rep. Sanford D. Bishop, Jr.D-GA-2 · Feb 2, 2010

Madam Speaker, I regret that I was unavoidably absent Tuesday, January 26, and Wednesday, January 27, due to a death in my family. Had I been present for the nine votes which occurred, I would have…

J. Gresham Barrett
Rep. J. Gresham BarrettR-SC-3 · Feb 3, 2010

Madam Speaker, unfortunately, I missed the following recorded votes on the House floor on Wednesday, January 27, 2010. I.would have voted ``no'' on roll call vote No. 20 (on agreeing to H. Res. 1038,…

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Lamar Smith
Rep. Lamar SmithR-TX-21 · Jan 27, 2010

Mr. Speaker, on January 27, 2010, I voted ``yea'' on rollcall 20 for H. Res. 1024. Please let the Record show that my intention was to vote ``nay'' on agreeing to this resolution.

Parker Griffith
Rep. Parker GriffithR-AL-5 · Jan 27, 2010

Madam Speaker, on rollcall No. 22 I was unavoidably detained. Had I been present, I would have voted ``yea.''

Bill Text

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Latest
Reported to SenateIssued August 5, 2010

II

Calendar No. 547

111th CONGRESS

2d Session

H. R. 4474

[Report No. 111–277]

IN THE SENATE OF THE UNITED STATES

January 28, 2010

Received; read twice and referred to the Committee on Energy and Natural Resources

August 5, 2010

Reported by Mr. Bingaman, without amendment

AN ACT

To authorize the continued use of certain water diversions located on National Forest System land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wilderness in the State of Idaho, and for other purposes.

1.

Short title

This Act may be cited as the Idaho Wilderness Water Facilities Act.

2.

Treatment of existing water diversions in Frank Church-River of No Return Wilderness and Selway-Bitterroot Wilderness, Idaho

(a)

Authorization for continued use

The Secretary of Agriculture is authorized to issue a special use authorization to each of the 20 owners of a water storage, transport, or diversion facility (in this section referred to as a facility) located on National Forest System land in the Frank Church-River of No Return Wilderness or the Selway-Bitterroot Wilderness (as identified on the map titled Unauthorized Private Water Diversions located within the Frank Church River of No Return Wilderness, dated December 14, 2009, or the map titled Unauthorized Private Water Diversions located within the Selway-Bitterroot Wilderness, dated December 11, 2009) for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that—

(1)

the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as the date of designation);

(2)

the facility has been in substantially continuous use to deliver water for the beneficial use on the owner’s non-Federal land since the date of designation;

(3)

the owner of the facility holds a valid water right for use of the water on the owner’s non-Federal land under Idaho State law, with a priority date that predates the date of designation; and

(4)

it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law.

(b)

Terms and conditions

(1)

Equipment, transport, and use terms and conditions

In a special use authorization issued under subsection (a), the Secretary is authorized to—

(A)

allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that—

(i)

the use is necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under Idaho State law; and

(ii)

after conducting a minimum tool analysis for the facility, the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and

(B)

preclude use of the facility for the storage, diversion, or transport of water in excess of the water right recognized by the State of Idaho on the date of designation.

(2)

Additional terms and conditions

In a special use authorization issued under subsection (a), the Secretary is authorized to—

(A)

require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act (16 U.S.C. 1131) if the beneficial use of water on the non-Federal land is not diminished; and

(B)

require that the owner provide a reciprocal right of access across the non-Federal property, in which case, the owner shall receive market value for any right-of-way or other interest in real property conveyed to the United States, and market value may be paid by the Secretary, in whole or in part, by the grant of a reciprocal right-of-way, or by reduction of fees or other costs that may accrue to the owner to obtain the authorization for water facilities.

August 5, 2010

Reported without amendment