S. 940, EAST FORK OF THE JEMEZ RIVER AND PECOS RIVER

A BILL To designate segments of the East Fork of the Jemez River and the Pecos River as components of the National Wild and Scenic River System, 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. SHORT TITLE.

This Act may be cited as the "East Fork of the Jemez River and the Pecos River Wild and Scenic Rivers Addition Act of 1989".

SEC. 2. WILD AND SCENIC RIVER DESIGNATION.

Section 3(a) of the Wild and Scenic Rivers Act (82 Stat. 906; 16 U.S.C. 1274(a)) is amended by adding the following new paragraphs:

"() EAST FORK OF THE JEMEZ, NEW MEXICO.-The 11mile segment from the Santa Fe National Forest boundary to its confluence with the Rio San Antonio; to be administered by the Secretary of Agriculture in the following classifications:

"(1) the 2-mile segment from the Santa Fe National Forest boundary to the second crossing of State Highway 4, near Las Conchas Trailhead, as a recreational river;

"(2) the 4-mile segment from the second crossing of State Highway 4, near Las Conchas Trailhead, to the third crossing of State Highway 4, approximately one and one-quarter mile upstream from Jemez Falls, as a wild river; and

"(3) the 5-mile segment from the third crossing of State Highway 4, approximately one and one-quarter mile upstream from Jemez Falls, to its confluence with the Rio San Antonio, as a scenic river.

"() PECOS RIVER, NEW MEXICO.-The 20.5-mile segment from its headwaters to the townsite of Tererro; to be administered by the Secretary of Agriculture in the following classifications:

"(1) the 13.5-mile segment from its headwaters to the Pecos Wilderness boundary, as a wild river; and

"(2) the 7-mile segment from the Pecos Wilderness boundary to the townsite of Tererro, as a recreational river."

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of Rule XXVI of the Standing Rules of the Senate, the Committee notes the following changes in existing law made by the bill, S. 940, as reported (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law to which no change is proposed is shown in roman):

WILD AND SCENIC RIVERS ACT

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:

(109) EAST Fork of the JEMEZ, NEW MEXICO.-The 11-mile segment from the Santa Fe National Forest boundary to its confluence with the Rio San Antonio; to be administered by the Secretary of Agriculture in the following classifications:

(A) the 2-mile segment from the Santa Fe National Forest boundary to the second crossing of State Highway 4, near Las Conchas Trailhead, as a recreational river;

(B) the 4-mile segment from the second crossing of State Highway 4, near Las Conchas Trailhead, to the third crossing of State Highway 4, approximately one and one-quarter mile upstream from Jemez Falls, as a wild river; and

(C) the 5-mile segment from the third crossing of State Highway 4, approximately one and one-quarter mile upstream from Jemez Falls, to its confluence with the Rio San Antonio, as a scenic river.

(110) PECOS RIVER, NEW MEXICO.-The 20.5 mile segment from its headwaters to the townsite of Tererro; to be administered by the Secretary of Agriculture in the following classifications:

(A) the 13.5-mile segment from its headwaters to the Pecos Wilderness boundary, as a wild river; and

(B) the 7-mile segment from the Pecos Wilderness boundary to the townsite of Tererro, as a recreational river.

Filed under authority of the order of the Senate of August 2 (legislative day, January 3), 1989

Mr. JOHNSTON, from the Committee on Energy and Natural Resources, submitted the following

REPORT

[To accompany S. 974]

The Committee on Energy and Natural Resources, to which was referred the bill (S. 974) to designate certain lands in the State of Nevada as wilderness, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass.

The amendments are as follows:

1. On page 2, line 3 strike "entitle" and insert "entitled".

2. On page 2, line 23 strike "East" and insert ""East".

3. On page 3, strike lines 5 and 6 and insert: "hereby incorporated in, and shall be deemed to be a part of, the Jarbidge Wilderness as designated by section 3(a) of the Wilderness Act (16”.

4. On page 10, lines 4 and 5, strike "United States".

5. On page 10, strike section 7 in its entirety and renumber accordingly.

6. Beginning on page 11, line 9 through page 12, line 12 strike section 9 and insert:

SEC. 9. WATER ALLOCATION AUTHORITY.

(a) Within the wilderness areas designated by this Act, there is hereby reserved a quantity of water sufficient to fulfill the purposes of the wilderness areas created by this Act.

(b) The priority date of the water rights reserved in paragraph (a) shall be the date of enactment of this Act.

(c) The Secretary shall file a claim for the quantification of the water rights reserved in paragraph (a) in an appropriate stream adjudication and shall take all steps necessary to protect such rights in such an adjudication.

(d) The Federal water rights reserved by this Act shall be in addition to any water rights which may have been previously reserved or obtained by the United States for other than wilderness purposes.

7. On pages 12 and 13, strike section 11 and insert:

SEC. 10. CLIMATOLOGICAL DATA COLLECTION.

Subject to such reasonable terms and conditions as the Secretary may prescribe, nothing in this Act or the Wilderness Act shall be construed to prevent, where appropriate, the installation and maintenance of hydrologic, meteorologic, or climatological collection devices within the wilderness areas or additions thereto designated by this Act, where such facilities and access thereto are essential to flood warning, flood control and water reservoir operation purposes.

PURPOSE OF THE MEASURE

The purpose of S. 974, as ordered reported, is to designate approximately 733,400 acres of National Forest System lands in the State of Nevada as wilderness and to make approximately 2.5 million acres of national forest lands in that State available for uses other than wilderness.

BACKGROUND AND NEED

S. 974 is a response to the Forest Service's Roadless Area Review and Evaluation (RARE II). This study of roadless National Forest System lands and the Administration's recommendations thereto were forwarded to the Congress in 1979. Since that time, statewide RARE II wilderness bills have been enacted for all but three States. These States are Montana, Idaho, and Nevada. Passage of this legislation will complete the RARE II process for Nevada.

Although over 3 million acres of Nevada's 5.2 million acres of national forest lands are roadless, the State currently contains only one statutorily designated wilderness area, the 64,667-acre Jarbidge Wilderness, which was set aside in 1964 when the Wilderness Act was enacted. Many of these roadless areas have outstanding wilderness characteristics including: deer, elk, and bighorn sheep herds; threatened and endangered species such as the Lahontan cutthroat trout; alpine lakes and meadows; and aspen forests and pristine grasslands. These lands are becoming more and more important as sources for dispersed recreation for Nevadans who live in the State's rapidly expanding urban areas. S. 974 would preserve approximately 14 percent of Nevada's national forest lands as wilderness. This amounts to slightly more than 1 percent of the State which would be included in the National Wilderness Preservation System.

In addition, S. 974 would end the RARE II controversy in Nevada by insuring that lands not designated as wilderness by this Act are made available for uses other than wilderness.

LEGISLATIVE HISTORY

In the 99th Congress, the Committee held 5 days of field hearings on the Nevada wilderness issue. Last Congress, the Committee conducted hearings in Washington on Nevada wilderness legislation but took no further action. The House of Representatives, however, twice passed a Nevada wilderness bill in the 100th Congress.

S. 974 was introduced by Senators Reid and Bryan on May 11, 1989. A hearing was held before the Subcommittee on Public Lands, National Parks and Forests on July 24.

At the business meeting on August 2, 1989, the Senate Committee on Energy and Natural Resources ordered S. 974, as amended, favorably reported.

COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES

The Senate Committee on Energy and Natural Resources, in open business session on August 2, 1989, by a majority vote of a quorum present, recommends that the Senate pass S. 974 if amended, as described herein.

The rollcall vote on reporting the measure was 16 yeas, 3 nays, as follows:

During the consideration of S. 974, the Committee adopted several amendments, many of them technical and clarifying. The amendments and an explanation of each follows.

1. On page 2, line 3, strike "entitle" and insert "entitled".

This amendment corrects a typographical error.

2. On page 2, line 23, strike "East" and insert ""East".

This amendment corrects a typographical error.