HR 3538 · 111th Congress 2009–2011, ended

Idaho Wilderness Water Facilities Act

Latest action · Jan 20, 2010 On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 225 - 191 (Roll no. 11).

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedSep 8, 2009
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Idaho Wilderness Water Facilities Act - Directs the Secretary of Agriculture to issue a special use authorization to each of the 20 owners of a water storage, transport, or diversion facility located on National Forest System land in the Frank Church of No Return Wilderness and the Selway-Bitterroot Wilderness in Idaho for continued operation, maintenance, and reconstruction of such facility if it is determined that: (1) the facility was in existence on the date on which the land upon which it is located was designated as part of the National Wilderness Preservation System; (2) the facility has been in continuous use to deliver water for beneficial use on the owner's non-federal land since the date of designation; (3) the owner holds a valid water right for use of the water on such land under Idaho state law, with a priority date that predates such date; 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.

Requires the Secretary, in a special use authorization under this Act, to: (1) allow the use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if it is determined that the use is necessary to continue delivery of water to the non-federal land for beneficial uses and, after conducting a minimum tool analysis for a facility, that the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (2) preclude use of the facility for the storage, diversion, or transport of water in excess of the water right.

Allows the Secretary, in such an authorization, to: (1) require or allow modification or relocation of a facility in the wilderness, as determined necessary, to reduce impacts to wilderness values if the beneficial use of water on the non-federal land is not diminished; and (2) 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. Permits the market value to 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 in obtaining an authorization for water facilities.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 11Failed225–191Jan 20, 2010

Cosponsors 1

Members who signed on, in the order they did. All signed on Sep 8, 2009.

SeatCosponsorSigned on
D-IDWalter MinnickOriginalSep 8, 2009

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseNatural Resources Committee
Referred Sep 8, 2009Markup Dec 16, 2009Reported Jan 19, 2010
Federal Lands Subcommittee
Referred Sep 10, 2009Hearings Nov 17, 2009Discharged Dec 16, 2009

Actions 15

Everything that happened, newest first.

  1. Jan 20, 2010Considered as unfinished business. (consideration: CR H231)
  2. Jan 20, 2010Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 225 - 191 (Roll no. 11).
  3. Jan 19, 2010Reported (Amended) by the Committee on Natural Resources. H. Rept. 111-398.
  4. Jan 19, 2010Placed on the Union Calendar, Calendar No. 235.
  5. Jan 19, 2010Ms. Bordallo moved to suspend the rules and pass the bill, as amended.
  6. Jan 19, 2010Considered under suspension of the rules. (consideration: CR H154-155; text of measure as reported in House: CR H154)
  7. Jan 19, 2010DEBATE - The House proceeded with forty minutes of debate on H.R. 3538.
  8. Jan 19, 2010At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
  9. Dec 16, 2009Subcommittee on National Parks, Forests and Public Lands Discharged.
  10. Dec 16, 2009Committee Consideration and Mark-up Session Held.
  11. Dec 16, 2009Ordered to be Reported (Amended) by Voice Vote.
  12. Nov 17, 2009Subcommittee Hearings Held.
  13. Sep 10, 2009Referred to the Subcommittee on National Parks, Forests and Public Lands.
  14. Sep 8, 2009Introduced in House
  15. Sep 8, 2009Referred to the House Committee on Natural Resources.

In the Congressional Record 2

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseRecorded votes H231enact—Jan 20, 2010
HouseDebate and remarks H154, H155Text printed H154Madeleine Z. Bordallo D-GU, Michael K. Simpson R-ID, Rob Bishop R-UTJan 19, 2010

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Jan 13, 2010H.R. 3538, Idaho Wilderness Water Facilities Act<p>Cost estimate for the bill as ordered reported by the House Committee on Natural Resources on December 16, 2009</p>
  2. Jan 13, 2010H.R. 3538, Idaho Wilderness Water Facilities ActCost estimate for the bill as ordered reported by the House Committee on Natural Resources on December 16, 2009

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 4474Idaho Wilderness Water Facilities ActRelated billAug 5, 2010

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
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.
Short Titles as Introduced
Idaho Wilderness Water Resources Protection Act
Short Titles as Reported to House
Idaho Wilderness Water Facilities Act

Subjects

Assigned by the Library of Congress. Policy area: Public Lands and Natural Resources.

Text 2

Each version as it was printed, newest first.

  1. Jan 19, 2010Reported in House
  2. Sep 8, 2009Introduced in House

Support LegiList

This page is free, carries no paywall, and is built and maintained by one person. If the record here is useful to you, a few dollars keeps it going.

Processed by Stripe in a separate window. LegiList never sees card details.

Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.