[House Report 107-747]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-747
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WILD SKY WILDERNESS ACT OF 2002
_______
October 11, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4844]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4844) to enhance ecosystem protection and the range of
outdoor opportunities protected by statute in the Skykomish
River valley of the State of Washington by designating certain
lower-elevation Federal lands as wilderness, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wild Sky Wilderness Act of 2002''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) Americans cherish the continued existence of diverse
wilderness ecosystems and wildlife found on their Federal lands
and share a strong sense of moral responsibility to protect
their wilderness heritage as an enduring resource to cherish,
protect, and bequeath undisturbed to future generations of
Americans.
(2) The values an area of wilderness offer to this and future
generations of Americans are greatly enhanced to the degree
that the area is diverse in topography, elevation, life zones
and ecosystems, and to the extent that it offers a wide range
of outdoor recreational and educational opportunities
accessible in all seasons of the year.
(3) Large blocks of wildlands embracing a wide range of
ecosystems and topography, including low-elevation forests,
have seldom remained undisturbed due to many decades of
development.
(4) Certain wildlands on the western slope of the Cascade
Range in the Skykomish River valley of the State of Washington
offer an outstanding representation of the original character
of the forested landscape, ranging from high alpine meadows and
extremely rugged peaks to low-elevation mature and old-growth
forests, including groves with some of the largest and most
spectacular trees in Washington, with diameters of eight feet
and larger.
(5) These diverse, thickly forested mountain slopes and
valleys of mature and old-growth trees in the Skykomish River
valley harbor nearly the full complement of the original
wildlife and fish species found by settlers of the 19th
century, including mountain goats, bald eagles, black bear,
pine marten, black-tailed deer, as well as rare and endangered
wildlife such as northern spotted owls and goshawks, Chinook
and Coho salmon, and steelhead and bull trout.
(6) An ecologically and topographical diverse wilderness area
in the Skykomish River valley accessible in all seasons of the
year will be enjoyable to users of various kinds, such as
hikers, horse riders, hunters, anglers, and educational groups,
but also to the many who cherish clean water and clean air,
fish and wildlife (including endangered species such as wild
salmon), and pristine mountain and riverside scenery.
(b) Statement of Policy.--Congess hereby declares that it is the
policy of the United States:
(1) to better serve the diverse wilderness and environmental
education needs of the people of the State of Washington and
its burgeoning metropolitan regions by granting wilderness
protection to certain lower elevation wildlands in the
Skykomish River valley of the State of Washington; and
(2) to protect additional lands adjacent to the Henry M.
Jackson Wilderness designated by the Washington Wilderness Act
of 1984 (Public Law 98-339), in further tribute to the
ecologically enlightened vision of the distinguished Senator
from the State of Washington and former Chairman of the Senate
Committee on Energy and Natural Resources (formerly the Senate
Interior and Insular Affairs Committee).
SEC. 3. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following Federal lands in the State of
Washington are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System:
(1) Certain lands which comprise approximately 106,000 acres,
as generally depicted on a map entitled ``Wild Sky Wilderness
Proposal'', dated August 2002, which shall be known as the Wild
Sky Wilderness.
(b) Maps and Legal Descriptions.--As soon as practicable after the
date of enactment of this Act, the Secretary of Agriculture shall file
a map and a legal description for the wilderness area designated under
this Act with the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the United
States House of Representatives. The map and description shall have the
same force and effect as if included in this Act, except that the
Secretary of Agriculture may correct clerical and typographical errors
in the legal description and map. The map and legal description shall
be on file and available for public inspection in the office of the
Chief of the Forest Service, Department of Agriculture.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands designated
as wilderness by this Act shall be managed by the Secretary of
Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that, with respect to any wilderness areas
designated by this Act, any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be deemed to be a reference
to the date of enactment of this Act.
(b) New Trails.--
(1) The Secretary of Agriculture shall consult with
interested parties and shall establish a hiking trail plan
designed to develop a system of hiking trails within or
adjacent to or to provide access to the wilderness designated
by this Act in a manner consistent with the Wilderness Act,
Public Law 88-577 (16 U.S.C. 1131 et seq.).
(2) Within two years after the date of enactment of this Act,
the Secretary of Agriculture shall complete a report on the
implementation of the hiking trail plan required under this
Act. This report shall include the identification of priority
hiking trails for development.
(c) Repeater Site.--Within the Wild Sky Wilderness designated under
this Act, the Secretary of Agriculture may use helicopter access to
construct and maintain a joint Forest Service and Snohomish County
repeater site, in compliance with a Forest Service approved
communications site plan, for the purposes of improving communication
for safety, health, and emergency services.
(d) Float Plane Access.--As provided by section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake
Isabel, where such use has already become established, shall be
permitted to continue subject to such reasonable restrictions as the
Secretary of Agriculture determines desirable.
SEC. 5. AUTHORIZATION FOR LAND ACQUISITION.
(a) In General.--The Secretary of Agriculture may acquire lands and
interests therein, by purchase, donation, or exchange, and shall give
priority consideration to those lands identified as ``Priority
Acquisition Lands'' on the map described in section 3(a)(1). The
boundaries of the Snoqualmie National Forest and the Wild Sky
Wilderness shall be adjusted to encompass any lands acquired pursuant
to this section.
(b) Access.--Consistent with section 5(a) of the Wilderness Act
(Public Law 88-577; 16 U.S.C. 1134(a)), the Secretary of Agriculture
shall assure adequate access to private inholdings within the Wild Sky
Wilderness.
(c) Appraisal.--Valuation of private lands shall be determined
without reference to any restrictions on access or use which arise out
of designation as a wilderness area as a result of this Act.
SEC. 6. LAND EXCHANGES.
The Secretary of Agriculture shall exchange lands and interests in
lands, as generally depicted on a map entitled Chelan County Public
Utility District Exchange and dated May 22, 2002, with the Chelan
County Public Utility District in accordance with the following
provisions:
(1) If the Chelan County Public Utility District, within
ninety days after the date of enactment of this Act, offers to
the Secretary of Agriculture approximately 371.8 acres within
the Snoqualmie National Forest in the State of Washington, the
Secretary shall accept such lands.
(2) Upon acceptance of title by the Secretary of Agriculture
to such lands and interests therein, the Secretary of
Agriculture shall convey to the Chelan County Public Utility
District a permanent easement, including helicopter access,
consistent with such levels as used as of date of enactment, to
maintain an existing snowtel site on 1.82 acres on the
Wenatchee National Forest in the State of Washington.
(3) The exchange directed by this Act shall be consummated if
Chelan County Public Utility District conveys title acceptable
to the Secretary and provided there is no hazardous material on
the site, which is objectionable to the Secretary.
(4) In the event Chelan County Public Utility District
determines there is no longer a need to maintain a snowtel site
to monitor the snow pack for calculating expected runoff into
the Lake Chelan hydroelectric project and the hydroelectric
projects in the Columbia River Basin, the Secretary shall be
notified in writing and the easement shall be extinguished and
all rights conveyed by this exchange shall revert to the United
States.
PURPOSE OF THE BILL
The purpose of H.R. 4844 is to enhance ecosystem protection
and the range of outdoor opportunities protected by statute in
the Skykomish River valley of the State of Washington by
designating certain lower-elevation Federal lands as
wilderness, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Certain wildlands on the western slope of the Cascade Range
in the Skykomish River valley of the State of Washington offer
an outstanding representation of the original character of the
forested landscape, ranging from high alpine meadows and
extremely rugged peaks to low-elevation mature and old-growth
forests, including groves with some of the largest and most
spectacular trees in Washington, with diameters of up to eight
feet and larger. These diverse, thickly forested mountain
slopes and valleys of mature and old-growth trees in the
Skykomish River valley harbor nearly the full complement of
wildlife and fish species found by the settlers in the early
19th century. An ecologically and topographically diverse
wilderness area in the Skykomish River valley, accessible in
all seasons of the year will be enjoyable to hikers, horse
riders, anglers, hunters, educational groups and others.
The Wild Sky Wilderness as proposed would be 106,000 acres
adjacent to the Henry M. Jackson Wilderness and located in the
Mt. Baker-Snoqualmie National Forests. In addition there are
13,000 acres of lands identified in the Northwest Forest Plan
as matrix lands to be used for adaptive management. Designating
the matrix lands as wilderness would preclude their use for
adaptive management purposes. The bill also includes lands that
do not have wilderness character and do not meet the intent of
the Wilderness Act of 1964. This includes a lookout tower used
as a recreational facility, lands with patented mining claims,
and lands with recent harvest activity and open roads.
COMMITTEE ACTION
H.R. 4844 was introduced on May 23, 2002 by Congressman
Rick Larsen (D-WA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Forests and Forest Health. On September 12, 2002, the Full
Resources Committee met to consider H.R. 4844 and the
Subcommittee on Forests and Forest Health was discharged from
further consideration of the bill. An amendment was introduced
by Mr. Rahall and accepted by unanimous consent. The bill, as
amended, was then ordered reported to the House of
Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
H.R. 4844 could affect direct spending (including offsetting
receipts) but they estimate that any such effects would be
negligible.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to enhance ecosystem protection and
the range of outdoor opportunities protected by statute in the
Skykomish River valley of the State of Washington by
designating certain lower-elevation Federal lands as
wilderness, and for other purposes.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 23, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4844, the Wild Sky
Wilderness Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan Carrol.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4844--Wild Sky Wilderness Act of 2002
Summary: H.R. 4844 would designate the Wild Sky Wilderness
on 106,000 acres of federal lands within the Mount Baker-
Snoqualmie National Foreign in Washington and would authorize
the Secretary of Agriculture to acquire nonfederal lands and
interests within the proposed wilderness. The bill would
require the Secretary to design a plan to establish hiking
trails within the proposed wilderness and report to the
Congress on the implementation of that plan. Finally, H.R. 4844
would direct the Secretary to convey to a local public utility
district a permanent easement to operate a snow-monitoring
device on 1.82 acres of national forest land in exchange for
roughly 372 aces of land owned by that district.
CBO estimates that implementing H.R. 4844 would cost $18
million over the 2003-2007 period, assuming appropriation of
the necessary amounts. The bill could affect direct spending
(including offsetting receipts); therefore, pay-as-you-go
procedures would apply, but we estimate that any such effects
would be negligible. H.R. 4844 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA) and would impose no costs on state, local, or
tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4844 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
--------------------------------------------
2003 2004 2005 2006 2007
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level...................................... 7 5 4 1 1
Estimated outlays.................................................. 7 5 4 1 1
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Basis of estimate
CBO estimates that implementing H.R. 4844 would cost $18
million over the 2003-2007 period, assuming appropriation of
the necessary amounts. We also estimate that the bill could
increase direct spending, but that any such effects would not
be significant in any year. For this estimate, CBO assumes that
H.R. 4844 will be enacted near the start of fiscal year 2003
and that necessary funds will be provided near the start of
each year. Estimates of outlays are based on historical
spending patterns for similar activities.
Spending subject to appropriation
Based on information from the Forest Service, CBO estimates
that designating the proposed wilderness would increase the
agency's administrative costs by roughly $250,000 a year. We
also estimate that the agency would spend: $6 million over the
2003-2005 period to remove 41 miles of road that currently
exist within the proposed wilderness; $4 million over the 2003-
2006 period to design and implement a system of hiking trails;
and up to $7 million over the 2003-2005 period to acquire
nonfederal lands and interests within the proposed wilderness.
Direct spending
Designating federal lands as wilderness could result in
forgone offsetting receipts (a credit against direct spending)
if, under current law, those lands would generate income from
activities such as timber harvesting and mining. According to
the Forest Service, however, these lands currently generate no
significant receipts and are not expected to do so over the
next 10 years. Hence, CBO estimates that any forgone receipts
under H.R. 4844 would be negligible.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts.
Designating certain federal lands as wilderness could result in
forgone offsetting receipts from timber harvesting and mining;
hence, pay-as-you-go procedures would apply, but we estimate
that any such effects would not be significant.
Intergovernmental and private-sector impact: H.R. 4844
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Megan Carroll; impact
on state, local and tribal governments: Marjorie Miller; impact
on the private sector: Lauren Marks.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.