An Act to prohibit the construction of dams within national, JANUARY 30, 1986

99TH CONGRESS

H R

4089

2D SESSION

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RECEIVED

JUN

2

l98

S

UPPER COLORADO RIVER COMMISSION

SALT LAKE CITY. UTAH

An Act to prohibit the construction of dams within national parks and monuments.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 30, 1986

Mr. LEHMAN of California introduced the following bill; which was referred to the Committee on Interior and Insular Affairs

A BILL

An Act to prohibit the construction of dams within national parks and monuments.

1 Be it enacted by the Senate and House of Representa-2 tives of the United States of America in Congress assembled,

3 SECTION 1. RESTRICTION OF CERTAIN FACILITIES IN PARKS

4 AND MONUMENTS.

5 (a) NATIONAL PARK OR MONUMENT LANDS;

IM-6 POUNDMENTS OR DIVERSIONS.-N O person may construct

7 any water impoundment or diversion or any appurtenant 8 project works which involves either or both of the following:

9 (1) The construction, commencing after the

enact-10 ment of this Act, of a facility which is located on

1 (2) The inundation, commencing after the ena ct-2 ment of this Act, of any national park or monument

3 lands.

4 · No permit, license, or other authorization may be issued 5 under any authority of law for any construction which vio-6 lates this subsection.

7 (b) EXPANSION OF F ACILITIEs.-N o person may

8 expand the size or capacity, of any water impoundment or 9 diversion or appurtenant project works (whether constructed 10 before or after the enactment of this Act) if such expansion 11 involves either or both of the following:

12 (1) The construction, commencing after the enact-13 ment of this Act, of a. facility which is located on na-14 tional park or mormment lands.

15 (2) The inundation, commencing after the enact-16 ment of this Act, of any national park or monument

17 lands.

18 The preceding provisions of this subsection shall not apply if 19 the Congress enacts a specific statutory authorization for the 20 expansion involved. No permit, license, or other authorization 21 may be issued under any authority of law for any construc-22 tion which violates this subsection.

23 (c) STUDIES.-No Federal agency shall study or au-24 thorize any study of the construction or expansion of any

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1 water impoundment or diversion or any appurtenant project 2 works if such construction or expansion would involve-3 (1) the construction, commencing after the enact-4 ment of this Act, of a facility which is located on na-5 tional park or monument lands; and

6 (2) the inundation, commencing after the enact-7 ment of this Act, of any national park or monument 8 lands.

9 (d) EXISTING

FACILITIES.-10 (1) PERMITS.-No water impoundment, diversion 11 or appurtenant project works which either (A) com-12 rnenced construction on or before the enactment of this 13 Act or (B) commenced the inundation of any national 14 park or monument lands on or before the enactment of 15 this ~ct may be operated without a permit issued by 16 the Secretary of the Interior under this section. A 17 permit issued under this section shall contain such 1-8 terms and conditions as the Secretary deems necessary 19 to protect the resources for which the park or monu-20 ment was established. No permit may be issued under 21 this section which will alter the historic flow condi~ions 22 of rivers or streams which flow within the boundaries 23 of any national park or monument.

24 (2) TERM OF PERMITS.-Each permit issued to a

25 facility under this section shall be renewable at

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1 ic intervals established by the Secretary. Such intervals 2 shall be established by the Secretary after consider-3 ation of other permits and other requirements which 4 are also applicable to the facility under other provisions 5 of law.

6 (3) EFFECTIVE DATE.-The permit requirement 7 established in paragraph (1) shall take effect on the fol-8 lowing dates:

9 (A) Five years after the enactment of this 10 Act in the case of any facility for which no other 11 Federal permit or license is in effect on the date 12 of the enactment of this Act.

13 (B) In the case of any facility for which an-14 other Federal permit or license is in ef{ect on the 15 date o_f the enactment of this Act, at the first re-16 newal date of the other Federal permit or license.

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(4) CONGRESSIONAL NOTICE.-No permit

re-18 £erred to in this subsection may be issued before the 19 expiration of sixty calendar days after the Secretary 20 submits the permit or renewal to the Committee on In-21 terior and Insular Affairs of the United States House . 22 of Representatives and the Committee on Energy and 23 Natural Resources of the United States Senate.

24 (e) MAJOR MAINTENANCE, REPAIR, OR RECONSTRUC-25 TION.-After the enactment of this Act, any major

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1 nance or major repair or reconstruction of any portion of a 2 water impoundment or diversion or appurtenant project 3 works located on national park or monument lands shall 4 comply with such regulations as may be established by the 5 Secretary in order to protect the values for which such park 6 or monument was established.

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OTHER PROVISIONS SUPERSEDED.-The provisions 8 of this Act shall supersede any other provision of law which 9 would otherwise have the effect of permitting any action 10 which is prohibited or restricted under this Act.

11 (g)

DEFINITIONS.-12 (1) APPURTENANT PROJECT WORKS.-As used in 13 this section, the term "appurtenant project works" in-14 eludes any conduit, powerhouse, penstock, turbine, 15 flume, or re.lated structure or facility.

16 (2) COMMENCE CONSTRUCTION.-The term

17 "commence" when used with respect to construction 18 means the beginning of physical on site activities, in-19 eluding excavation or erection of temporary or perma-20 nent structures.

21 (3) FACILITY.-The term "facility" means build-22 ing or other structure, any item of equipment, any ex-23 cavation, dam, berm, impoundment, or other man-made 24 feature.

1 (4) lMPOUNDMENT OR DIVERSION.-The terms

2 "impoundment" and "diversion" refer to impoundment

3 or diversions of the waters of a natural watercourse.

4 (5) NATIONAL PARK OR MONUMENT

LANDS.-5 The term "national park or monument lands" means

6 lands administered by the Secretary as part of a

na-7 tional park or a national monument.

8 (6) PERSON.-The term "person" includes any

9 individual, corporation, partnership, Federal or State

10 agency, political subdivision of a State, and any other

11 legal entity.

12 (7) SECRETARY.-The term "Secretary" means

13 the Secretary of the Interior, acting through the

Direc-14 tor of the National Park Service.

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