[House Report 110-694]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-694
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SEQUOIA AND KINGS CANYON NATIONAL PARKS WILDERNESS ACT OF 2008
_______
June 5, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3022]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3022) to designate the John Krebs Wilderness in the
State of California, to add certain land to the Sequoia-Kings
Canyon National Park 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 ``Sequoia and Kings Canyon National
Parks Wilderness Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) State.--The term ``State'' means the State of California.
SEC. 3. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
following areas in the State are designated as wilderness areas and as
components of the National Wilderness Preservation System:
(1) John krebs wilderness.--
(A) Designation.--Certain land in Sequoia and Kings
Canyon National Parks, comprising approximately 69,500
acres of land, and 130 acres of potential wilderness
additions as generally depicted on the map numbered
102/60014a, titled ``John Krebs Wilderness'', and dated
March 10, 2008.
(B) Limitations.--The designation of the wilderness
under subparagraph (A) does not preclude operation and
maintenance of the existing Hockett Meadow Cabin and
Quinn Patrol Cabin in the same manner and degree in
which the cabins were operated and maintained on the
day before the date of enactment of this Act.
(C) Effect.--Nothing in this paragraph affects--
(i) the cabins in, and adjacent to, Mineral
King Valley; or
(ii) the private inholdings known as ``Silver
City'' and ``Kaweah Han''.
(D) Potential wilderness additions.--The designation
of the potential wilderness additions under
subparagraph (A) shall not prohibit the operation,
maintenance, and repair of the small check dams and
water impoundments on Lower Franklin Lake, Crystal
Lake, Upper Monarch Lake, and Eagle Lake. The Secretary
is authorized to allow the use of helicopters for the
operation, maintenance, and repair of the small check
dams and water impoundments on Lower Franklin Lake,
Crystal Lake, Upper Monarch Lake, and Eagle Lake. The
potential wilderness additions shall be designated as
wilderness and incorporated into the John Krebs
Wilderness established by this Act upon termination of
the non-conforming uses.
(2) Sequoia-kings canyon wilderness addition.--Certain land
in Sequoia and Kings Canyon National Parks, California,
comprising approximately 45,186 acres as generally depicted on
the map titled ``Sequoia-Kings Canyon Wilderness Addition'',
numbered 102/60015a, and dated March 10, 2008, is incorporated
in, and shall be considered to be a part of, the Sequoia-Kings
Canyon Wilderness.
SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.
(a) In General.--Subject to valid existing rights, each area
designated as wilderness by this Act shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in the Wilderness Act to the effective
date of the Wilderness Act shall be considered to be a reference to the
date of enactment of this Act.
(b) Map and Legal Description.--
(1) Submission of map and legal description.--As soon as
practicable, but not later than 3 years, after the date of
enactment of this Act, the Secretary shall file a map and legal
description of each area designated as wilderness by this Act
with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force and effect.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical or typographical error in the map or legal
description.
(3) Public availability.--The map and legal description filed
under paragraph (1) shall be on file and available for public
inspection in the Office of the Secretary.
(c) Hydrologic, Meteorologic, and Climatological Devices, Facilities,
and Associated Equipment.--The Secretary shall continue to manage
maintenance and access to hydrologic, meteorologic, and climatological
devices, facilities and associated equipment consistent with House
Report 98-40.
(d) No Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around an area designated as
wilderness by this Act.
(2) Activities outside wilderness.--Nothing in this Act
precludes authorized activities conducted outside of the areas
designated as wilderness by this Act by cabin owners (or their
designees) in the Mineral King Valley area, or the property
owners (or their designees) or lessees in the Silver City
private inholding (as identified on the map titled ``John Krebs
Wilderness'' and dated March 10, 2008).
(e) Horseback Riding.--Nothing in this Act precludes horseback riding
in, or the entry of recreational or commercial saddle or pack stock
into, an area designated as wilderness by this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
PURPOSE OF THE BILL
The purpose of H.R. 3022 is to designate the John Krebs
Wilderness in the State of California, to add certain land to
the Sequoia-Kings Canyon National Park Wilderness, and for
other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3022 designates 69,500 acres of public land in the
Sequoia and Kings Canyon National Parks as the John Krebs
Wilderness and 130 acres of potential wilderness. John Krebs is
a former Member of Congress (from 1975-1979) who championed the
inclusion of the Mineral King Valley within Sequoia and Kings
Canyon National Parks in the 1970s. Four decades ago, the
secluded valley of Mineral King was the setting for a heated
debate when the Walt Disney Company unveiled plans to build a
huge ski resort in the area. John Krebs was instrumental in
helping protect the area from development. Mineral King was
added to the Sequoia and Kings Canyon National Parks in 1978.
H.R. 3022 also adds 45,186 acres of land in the Sequoia and
Kings Canyon National Parks to the existing Sequoia-Kings
Canyon Wilderness. The Sequoia-Kings Canyon Wilderness was
designated by Congress in 1984 as a part of the California
Wilderness Act of 1984 (P.L. 98-425). The California Wilderness
Act designated approximately 723,000 acres of wilderness in the
Sequoia and Kings Canyon National Parks--about 84 percent of
the land base--as the Sequoia-Kings Canyon Wilderness. H.R.
3022 would designate virtually all the remaining land in the
Sequoia and Kings Canyon National Parks as wilderness. Coupled
with the existing wilderness areas in the parks, H.R. 3022
would expand the wilderness to about 97 percent of the land
base in the two national parks.
The wilderness areas designated by this Act include some
spectacular areas within the Sequoia and Kings Canyon National
Parks. The Redwood Canyon area contains the Redwood Mountain
Grove, the largest stand of Giant Sequoia within the parks. The
Redwood Canyon area also includes more than 75 known caves,
including the longest cave in California with over 21 miles of
surveyed passage. The Hockett Plateau includes vast rolling
forests of lodgepole pine surrounding spectacular subalpine
meadows. The area is a favorite destination for equestrians,
backpackers, and anglers. The Mineral King area contains one of
the most significant alpine karst regions in the United States,
including rich marble geologic formations with more than 70
known caves and at least 17 invertebrate cave species present
only in these parks. The North Fork Kaweah area contains foot
hill oak woodland, chaparral, and low-elevation hardwood and
conifer types. The Kaweah River is an exemplary foothill river
with beautiful pools and riparian borders, and is rich in
wildlife including western pond turtle, bear, and mountain
lion.
COMMITTEE ACTION
H.R. 3022 was introduced on July 12, 2007 by Representative
Jim Costa (D-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests, and Public Lands. On October 30,
2007, the Subcommittee held a legislative hearing on the bill.
On May 14, 2008, the Subcommittee was discharged from
further consideration of the legislation and the Full Natural
Resources Committee met to consider the bill. Representative
Jim Costa (D-CA) offered an amendment in the nature of a
substitute to make changes suggested by the National Park
Service including: designation of the acreage containing small
check dams as potential wilderness; requiring the Secretary to
continue to manage maintenance and access to hydrologic,
meteorologic, and climatological devices, facilities and
associated equipment consistent with House Report 98-40 (from
the California Wilderness Act of 1984); and changing the buffer
zone language in Section 4(d)(2) to state that nothing in H.R.
3022 shall preclude authorized activities occurring outside of
the areas designed as wilderness by H.R. 3022 by cabin owners
in the Mineral King Area, or the property owners or lessees in
the Silver City private inholding. The amendment in the nature
of a substitute was adopted by voice vote. The bill as amended
was then ordered favorably reported to the House of
Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that the bill may be cited as the
``Sequoia and Kings Canyon National Parks Wilderness Act of
2008''.
Section 2. Definitions
Section 2 defines the term ``Secretary'' as the Secretary
of the Interior, and the term ``State'' as the State of
California.
Section 3. Designation of wilderness areas
Section 3 states that in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.), the wilderness areas in this Act are
designated as components of the National Wilderness
Preservation System.
Section 3(1)(A) designates 69,500 acres and 130 acres of
potential wilderness additions as the ``John Krebs
Wilderness.''
Section 3(1)(B) states that the designation of the
wilderness under subparagraph (A) does not preclude operation
and maintenance of the existing Hockett Meadow Cabin and Quinn
Patrol Cabin in the same manner and degree in which the cabins
were operated and maintained on the day before the date of
enactment of this Act.
Section 3(1)(C) specifies that nothing in this paragraph
affects the cabins in and adjacent to the Mineral King Valley;
or the private inholdings known as ``Silver City'' and ``Kaweah
Han''.
Section 3(1)(D) states that the designation of the
potential wilderness additions under subparagraph (A) shall not
prohibit the operation, maintenance, and repair of the small
check dams and water impoundments on Lower Franklin Lake,
Crystal Lake, Upper Monarch Lake, and Eagle Lake. The Section
also authorizes the Secretary to allow the use of helicopters
for the operation, maintenance, and repair of these small check
dams. Furthermore, the Section states that the potential
wilderness additions shall be incorporated into the John Krebs
Wilderness established by this Act upon termination of the non-
conforming uses.
The Committee understands that helicopter use is currently
authorized for the operation, maintenance and repair of these
small check dams, when conditions warrant, as a means of access
for inspection and maintenance of hydrometeorological
facilities, pursuant to the minimum requirement provision of
the Wilderness Act (16 U.S.C. 1131 et seq.) and also pursuant
to language in House Report 98-40. The Committee expects that
helicopter use in the wilderness and potential wilderness areas
designated by this Act shall be managed accordingly.
Section 3(2) adds approximately 45,186 acres to the
existing Sequoia-Kings Canyon Wilderness.
Section 4. Administration of wilderness areas
Section 4(a) states that subject to valid existing rights,
each area designated as wilderness by this Act shall be
administered by the Secretary in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.).
Section 4(b) states that as soon as practicable, but not
later than 3 years after the date of enactment of this Act, the
Secretary shall file a map and legal description of each area
designated as wilderness by this Act and identifies other
standards for the map and legal description.
Section 4(c) directs the Secretary to continue to manage
maintenance and access to hydrologic, meteorologic, and
climatological devices, facilities, and associated equipment
consistent with House Report 98-40.
Section 4(d)(1) states that nothing in this Act creates a
protective perimeter or buffer zone around an area designated
as wilderness by this Act.
Section 4(d)(2) states that nothing in this Act precludes
authorized activities conducted outside of the areas designated
as wilderness by this Act by the cabin owners (or their
designees) in the Mineral King valley area, or the property
owners (or their designees) or lessees in the Silver City
private inholding.
Section 4(e) states that nothing in this Act precludes
horseback riding in, or the entry of recreational or commercial
saddle or pack stock into, an area designated as wilderness by
this Act.
While horseback riding and pack and saddle stock are
authorized uses within the Sequoia and Kings Canyon National
Parks, the Secretary has the authority to manage such uses in
accordance with laws applicable to the park, and consistent
with park planning documents. The use of pack and saddle stock
is an appropriate and historically accepted recreational
activity, as documented in the 2006 General Management Plan for
the parks. The Secretary may authorize horseback riding in, or
the entry of recreational or commercial saddle or pack stock
into, an area designated as wilderness by this Act. The
Committee intends that any decision made to authorize these
activities shall be consistent with the statutory authority
under which Sequoia and Kings Canyon National Parks were
created, and the Wilderness Act, including section 4(d)(5)
related to commercial services. Any authorization of these
activities shall be subject to conditions and restrictions
deemed necessary to protect park resources and wilderness
values.
Section 5. Authorizations of appropriations
Section 5 authorizes such sums as are necessary to carry
out this Act.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 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
revenues or tax expenditures.
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 designate the John Krebs
Wilderness in the State of California, to add certain land to
the Sequoia-Kings Canyon National Park 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:
H.R. 3022--Sequoia and Kings Canyon National Parks Wilderness Act of
2008
H.R. 3022 would designate nearly 115,000 acres within the
Sequoia National Park and the Kings Canyon National Park in
California as either wilderness or proposed wilderness. Based
on information provided by the National Park Service (NPS), CBO
estimates that enacting H.R. 3022 would have no significant
effect on the federal budget. The acreage to be added to the
National Wilderness Preservation System is currently managed as
wilderness by the NPS. We expect that any costs to revise NPS
brochures, maps, and signs to reflect the new designations
would be minimal because most such revisions would take place
in conjunction with scheduled reprinting and routine
maintenance.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3022 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.