[Senate Report 109-28]
[From the U.S. Government Publishing Office]
Calendar No. 41
109th Congress Report
SENATE
1st Session 109-28
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WILD SKY WILDERNESS ACT OF 2005
_______
March 10, 2005.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 152]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 152) 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,
reports favorably thereon with amendments and recommends that
the bill, as amended, do pass.
The amendments are as follows:
1. On page 2, lines 9 and 10, strike ``as the Wild Sky
Wilderness.'' and insert ``as the `Wild Sky Wilderness'.''.
2. On page 2, line 16, strike ``United States''.
3. On page 2, line 17, strike ``United States''.
4. On page 3, line 19, strike ``develop:'' and insert
``develop--''.
5. On page 3, line 23, strike ``, Public Law 88-577''.
6. On page 4, line 8, strike ``trail'' and insert
``trails.''.
7. On page 5, line 10, strike ``(1)''.
8. On page 5, line 15, strike ``Public Law 88-577;''.
9. On page 5, lines 24 and 25, strike ``map entitled Chelan
County Public Utility District Exchange and'' and insert ``map
entitled `Chelan County Public Utility District Exchange'
and''.
PURPOSE OF THE MEASURE
The purpose of S. 152 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
in the Mt. Baker-Snoqualmie National Forest.
BACKGROUND AND NEED
The Wild Sky Wilderness is located just a few hours from
over half of Washington's population and will provide key
recreational opportunities to the booming population of the
Puget Sound region as well as creating a vital link to other
Cascade Wilderness Areas. Additionally, these areas will
provide a safe and healthy home for important fish and wildlife
populations.
One of the main goals of this bill is protecting and
promoting high-quality open space and recreational
opportunities for the growing Puget Sound region. More than 2.4
million people live in King, Snohomish, and Skagit counties.
All of these areas are within close proximity to the area, and
population of the area continues to grow, leading to increasing
loss of open space.
Another important goal to be achieved by enactment of S.
152 is to place lowlands into the wilderness system in
Washington State. Current wilderness areas in western
Washington State are primarily high-elevation and, while
important, do not reflect a wide range of ecological systems.
S. 152 designates lowlands around the North Fork Skykomish
river and its many creeks as wilderness. The bill establishes
the 106,000 acre Wild Sky Wilderness Area in the Mt. Baker-
Snoqualmie National Forest.
LEGISLATIVE HISTORY
S. 152 was introduced by Senator Murray and Senator
Cantwell on January 25, 2005. A similar bill (S. 391) was
introduced by Senator Murray and Senator Cantwell in the 108th
Congress. The Subcommittee on Public Lands and Forests held a
hearing on June 4, 2003. S. Hrg. 108-68. The bill was favorably
reported by the Committee, with amendments. S. Rept. 108-131.
The Senate passed S. 391, as amended, by unanimous consent on
November 24, 2003. A similar bill, passed the Senate in the
107th Congress as Title V of S. 2222. At its business meeting
on February 16, 2003, the Committee on Energy and Natural
Resources ordered S. 152 favorably reported, with amendments.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on February 16, 2005, by a voice vote of
a quorum present, recommends that the Senate pass S. 152, if
amended as described herein.
COMMITTEE AMENDMENTS
During its consideration of S. 152, the Committee adopted
several technical and clarifying amendments.
SECTION-BY-SECTION ANALYSIS
Section 1 provides a short title for the Act as the ``Wild
Sky Wilderness Act of 2005''.
Section 2(a) adds approximately 106,000 acres of National
Forest System lands in the State of Washington to the National
Wilderness Preservation System.
Subsection (b) directs the Secretary of Agriculture
(``Secretary'') to file a map and legal description with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives.
Section 3(a) requires the Secretary to manage the lands
designated in section 3 in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.).
Subsection (b) directs the Secretary to develop a system of
hiking and equestrian trails within the Wilderness and to
consult with interested parties in establishing the trails.
Subsection (c) authorizes the use of helicopters to
construct and maintain a telecommunications site in Snohomish
County.
Subsection (d) authorizes the Secretary to allow the use of
float planes on Lake Isabel within the Wilderness.
Subsection (e) authorizes the use and maintenance of the
existing Evergreen Mountain Lookout within the Wilderness.
Section 4(a) authorizes the Secretary to acquire Priority
Acquisition Lands within the Wilderness and to adjust the
boundaries of the Wild Sky Wilderness to encompass the
acquisitions.
Subsection (b) directs the Secretary to ensure adequate
access to private inholdings within the Wild Sky Wilderness.
Subsection (c) directs that valuation of private lands be
determined without reference to any restrictions on access or
use arising out of the wilderness designation.
Section 5 directs the Secretary to exchange certain lands
with the Chelan County Public Utility District.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 152--Wild Sky Wilderness Act of 2005
Summary: S. 152 would designate the Wild Sky Wilderness on
106,000 acres of federal lands within the Mount Baker-
Snoqualmie National Forest 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 prepare a plan to establish hiking
trails within the proposed wilderness and report to the
Congress on the implementation of that plan. Finally, S. 152
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 acres of land owned by that district.
CBO estimates that implementing S. 152 would cost $18
million over the 2006-2010 period, assuming appropriation of
the necessary amounts. Enacting the bill could affect direct
spending (including offsetting receipts), but we estimate that
any such effects would be negligible. S. 152 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 S. 152 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2006 2007 2008 2009 2010
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 7 5 5 1 1
Estimated Outlays.................................................. 7 5 4 1 1
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Basis of estimate: CBO estimates that implementing S. 152
would cost $18 million over the 2006-2010 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 S. 152 will be enacted by the end of
fiscal year 2005 and that funds will be provided for each
fiscal year as needed. Estimates of outlays are based on
historical spending patterns for similar activities.
Spending subject to appropriation
Based on information provided by the Forest Service, CBO
estimates that designating the proposed wilderness would
increase the agency's administrative costs by roughly $250,000
to $500,000 a year. We also estimate that the agency would
spend: $6 million over the 2006-2008 period to remove 27 miles
of road that currently exist within the proposed wilderness; $4
million over the 2006-2008 period to design and implement a
system of trails; and up to $7 million over the same 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, those lands currently generate no
significant receipts and are not expected to do so over the
next 10 years. Therefore, CBO estimates that any forgone
receipts under S. 152 would be negligible.
Intergovernmental and private-sector impact: S. 521
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 and
Deborah Reis. Impact on State, Local, and Tribal Governments:
Marjorie Miller. Impact on the Private Sector: Paige Piper/
Bach.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 152.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 152, as ordered reported.
EXECUTIVE COMMUNICATIONS
The views of the Administration on S. 391 in the 108th
Congress were included in testimony received by the Committee
at a hearing on the bill on June 4, 2003, as follows:
Statement of Mark Rey, Under Secretary, Department of Agriculture
S. 391 would designate approximately 106,000 acres of
additional wilderness on the Mt. Baker-Snoqualmie National
Forest in the State of Washington. It directs the Secretary to
assure adequate access to private in-holdings within the Wild
Sky Wilderness and establish a trail plan for hiking and
equestrian trails within and adjacent to the wilderness. The
bill authorizes the use of helicopter access to construct and
maintain a joint Forest Service and Snohomish County repeater
site to provide improved communication for safety, health, and
emergency services.
S. 391 also requires the Secretary to exchange specified
lands with the Chelan County Public Utility District if the
District offers to the Secretary approximately 371.8 acres
within the Mt. Baker-Snoqualmie National Forest, in exchange
for a permanent easement, including helicopter access,
consistent with such levels as used as of the date of this
bill's enactment, to maintain an existing snotel site on 1.82
acres on the Wenatchee National Forest. The snotel site is
currently used to monitor the snow pack for calculating
expected runoff into hydroelectric projects. If, after the
exchange occurs, Chelan County notifies the Secretary that they
no longer need to maintain the snotel site, the easement will
be extinguished and all rights conveyed by this exchange would
revert to the United States.
The Department does not oppose the designation of the Wild
Sky Wilderness as a component of the National Wilderness
Preservation System. We recognize and commend the delegation
for its collaborative approach and local involvement that
contribute to bipartisan support for this bill. However, the
Department would like to work with the Committee to improve S.
391.
While the vast majority of the lands described in S. 391
are appropriate for wilderness designation, the Department has
significant concerns with approximately 16,000 acres. These
acres would not be considered suitable for wilderness
designation under the provisions of the1964 Wilderness Act or
under existing Forest Service regulations and planning direction. The
Department believes that the current allocation of these lands under
the Mt. Baker-Snoqualmie Forest Plan continues to be the most suitable
designation for these acres.
The lands that we believe are appropriate for designation
under the Wilderness Act, approximately 90,000 acres, consist
of all of the Eagle Rock Roadless Area and portions of Glacier
Peak A, B, K, and L. These areas retain their undeveloped
character and are largely without permanent improvements or
human habitation. Limiting the wilderness designation to these
lands would address many of the Department's concerns.
The areas we propose for exclusion from wilderness
designation include low elevation forests that have been
utilized for timber harvest and mining over the last 80 years,
still showing visible evidence of road building, logging and
mining activities. The areas also include approximately 27
miles of existing roads, some of which are all weather,
drivable, and graveled. Several of the roads receive
significant visitor use associated with recreation
opportunities. The Rapid River Road is such a travel way and we
recommend excluding it, in its entirety, from wilderness
designation. The types of recreation experiences enjoyed by
users along the Rapid River Road corridor include driving for
pleasure, nature photography, fishing, picnicking and dispersed
camping at a number of pull-off sites along the road. In the
winter snowmobiles use this road as a part of the snowmobile
trail system, traveling to its end point.
Another concern lies with roads, both outside and adjacent
to the proposed wilderness boundary that have narrow corridors
subject to landslide and river bank erosion. This situation
poses significant public access and resource management issues,
as the proximity of the proposed boundary could result in
constraints related to necessary repairs and road
reconstruction work. We would like to work with the Committee
on more appropriate boundaries.
Further, we propose the exclusion of most of the
approximately 2,400 acres of private patented mining claims and
private timberlands. A boundary adjustment in the Silver Creek
drainage would remove most of the private lands from the
proposed Wilderness.
Finally, the approach to naming these disconnected areas of
land collectively as the Wild Sky Wilderness may cause public
confusion, particularly since some of the areas proposed for
designation are immediately adjacent to the existing Henry M.
Jackson Wilderness. In order to minimize administrative costs
and reduce public confusion, the Department suggests
designating only Eagle Rock Roadless Area as Wild Sky
Wilderness. The Glacier Peak Roadless Areas A, B, K, and L
should become additions to the adjacent Henry M. Jackson
Wilderness.
The Department supports the administrative provisions in
the bill, particularly provisions for a repeater site to
provide improved communications for safety and health purposes.
The Department also supports the provisions for land exchange
in the Glacier Peak Wilderness and provisions for management of
the existing snowtel site in that wilderness.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 152 as ordered
reported.