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The Administration opposes H.R. 359, because the bill would require the
Secretary of Agriculture to provide for the maintenance and operation of
artificial water control structures within the Emigrant Wilderness,
California.
When Congress established the Emigrant Wilderness, 18 water control
structures, constructed for the purpose of augmenting natural stream flows
for downstream sports fishing, existed within the area. Because Congress
did not provide for an exception to the Wilderness Act's prohibition
against structures within wilderness areas, the Forest Service is
attempting to enhance the wilderness quality of the area by allowing some
structures to deteriorate naturally. In the end, only one man-made lake
may be lost. To date, four of these structures have been allowed to
deteriorate.
H.R. 359, by requiring the maintenance and operation of all 18 water
control structures, would diminish the area's wilderness quality. In
addition, the bill neither provides for these structures in the event that
the non-federal entity fails to comply with the cooperative agreement, nor
federal recovery of costs associated with the maintenance and operation of
these structures.
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