[House Report 110-756]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-756
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TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO ALLOW STOCKING FISH IN
CERTAIN LAKES IN THE NORTH CASCADES NATIONAL PARK, ROSS LAKE NATIONAL
RECREATION AREA, AND LAKE CHELAN NATIONAL RECREATION AREA
_______
July 14, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3227]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3227) to direct the Secretary of the Interior to
continue stocking fish in certain lakes in the North Cascades
National Park, Ross Lake National Recreation Area, and Lake
Chelan National Recreation Area, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. PURPOSE.
The purpose of this Act is to authorize the National Park Service to
allow the stocking of fish in certain lakes under certain conditions in
the North Cascades National Park, Ross Lake National Recreation Area,
and Lake Chelan National Recreation Area.
SEC. 2. STOCKING OF CERTAIN LAKES IN NORTH CASCADES NATIONAL PARK, ROSS
LAKE NATIONAL RECREATION AREA, AND LAKE CHELAN
NATIONAL RECREATION AREA.
(a) In General.--The Secretary of the Interior, acting through the
Director of the National Park Service, may authorize the stocking of
fish in lakes in the North Cascades National Park, Ross Lake National
Recreation Area, and Lake Chelan National Recreation Area.
(b) Conditions.--The following conditions shall apply to stocking of
lakes under subsection (a):
(1) The Secretary is authorized to allow stocking in up to,
but not to exceed, 42 lakes. The 42 lakes which may be stocked
are those lakes identified for potential stocking under
Alternative B of the 2005 North Cascades National Park Service
Complex Mountain Lakes Fishery Management Plan Draft.
(2) The Secretary shall only stock fish that are--
(A) native to the slope of the Cascade Range on which
the lake to be stocked is located; and
(B) functionally sterile.
(3) The Secretary is authorized to coordinate the stocking of
fish with the State of Washington.
(c) Reports.--The Secretary shall continue a program of research and
monitoring of the impacts of fish stocking on park resources and shall
report the results of such research and monitoring to the appropriate
committees of Congress every 5 years.
Amend the title so as to read:
A bill to authorize the Secretary of the Interior to allow stocking
fish in certain lakes in the North Cascades National Park, Ross Lake
National Recreation Area, and Lake Chelan National Recreation Area.
PURPOSE OF THE BILL
The purpose of H.R. 3227, as ordered reported, is to
authorize the Secretary of the Interior to continue stocking
fish in certain lakes in the North Cascades National Park, Ross
Lake National Recreation Area, and Lake Chelan National
Recreation Area.
BACKGROUND AND NEED FOR LEGISLATION
The lakes of North Cascades National Park, Ross Lake
National Recreation Area, and Lake Chelan National Recreation
Area do not naturally include fish. Beginning in the late
1800's, however, the lakes were stocked with fish, and
beginning in the 1930's, the State of Washington began managing
fish stocking in these lakes. The North Cascades National Park
was designated in 1968 and the Steven T. Mather Wilderness Area
within the Park was designated in 1988. Virtually all of the
lakes in the Park are located within the Wilderness Area.
The North Cascades National Park is currently working on
the Mountain Lake Fisheries Management Plan Environmental
Impact Statement, which will evaluate fish stocking in the
park. It is expected to be finalized in late summer 2008. The
Draft EIS (DEIS) states that, ``The minimum requirement
analysis for fish stocking in the Stephen T. Mather Wilderness
indicates that stocking is not necessary to meet the minimum
requirements for administration of the area, and the Wilderness
Act is unclear whether stocking is allowed in designated
wilderness areas * * * the National Park Service (NPS) has
determined that fish stocking in the Stephen T. Mather
Wilderness would only be implemented if Congress granted the
NPS the unambiguous legal authority to do so.''
As reported, H.R. 3227 authorizes the Secretary to allow
stocking in up to, but not to exceed, the 42 lakes which were
identified for potential stocking under Alternative B of the
Mountain Lakes Fishery Management Plan Draft.
COMMITTEE ACTION
H.R. 3227 was introduced on July 30, 2007 by Representative
Doc Hastings (R-WA). 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 April 24, 2008,
the Subcommittee held a legislative hearing on the bill.
On June 25, 2008, the Full Natural Resources Committee met
to consider the bill. The Subcommittee was discharged from
further consideration. Subcommittee Chairman Raul Grijalva (D-
AZ) offered an amendment in the nature of a substitute to make
technical changes suggested in the Draft Environmental Impact
Statement for the Mountain Lake Fishery Management Plan. It 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. Purpose
Section 1 states that the purpose of this Act is to
authorize the National Park Service to allow the stocking of
fish in certain lakes under certain conditions in the North
Cascades National Park, Ross Lake National Recreation Area, and
Lake Chelan National Recreation Area.
Section 2. Stocking of certain lakes in North Cascades National Park,
Ross Lake National Recreation Area, and Lake Chelan National
Recreation Area.
Section 2(a) states that the Secretary of the Interior may
authorize the stocking of fish in lakes in the North Cascades
National Park, Ross Lake National Recreation Area, and Lake
Chelan National Recreation Area.
Section 2(b)(1) states that the Secretary is authorized to
allow stocking in up to, but not to exceed the 42 lakes which
were identified for potential stocking under Alternative B of
the 2005 North Cascades Mountain Lakes Fishery Management Plan
Draft.
Section 2(b)(2) states that the Secretary shall only stock
fish that are native to the slope of the Cascade Range on which
the lake to be stocked is located and functionally sterile.
Section 2(b)(3) authorizes the Secretary to coordinate the
stocking of fish with the State of Washington.
Section 2(c) requires the Secretary of the Interior to
continue a program of research and monitoring of the impacts of
fish stocking on park resources and report the findings to
Congress every 5 years.
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 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 authorize the Secretary of the
Interior to continue stocking fish in certain lakes in the
North Cascades National Park, Ross Lake National Recreation
Area, and Lake Chelan National Recreation Area.
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. 3227--A bill to authorize the Secretary of the Interior to allow
stocking fish in certain lakes in the North Cascades National
Park, Ross Lake National Recreation Area, and Lake Chelan
National Recreation Area
H.R. 3227 would authorize the National Park Service (NPS)
to allow the stocking of fish in lakes in three units of the
National Park System in Washington. Based on information
provided by the NPS, CBO estimates that enacting H.R. 3227
would have no effect on revenues or direct spending and no
significant effect on discretionary spending. The expense of
stocking fish would be borne by the state or other nonfederal
entities, as it has been since the three park units were
established.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. Any
costs to state, local, or tribal governments would be incurred
voluntarily.
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. 3227 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.