House Report 104-779 - HELLS CANYON WILDERNESS

[House Report 104-779]
[From the U.S. Government Publishing Office]

104th Congress Report
HOUSE OF REPRESENTATIVES

2d Session 104-779
_______________________________________________________________________

HELLS CANYON WILDERNESS

_______

September 9, 1996.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed

_______________________________________________________________________

Mr. Young of Alaska, from the Committee on Resources, submitted the
following

R E P O R T

together with

DISSENTING VIEWS

[To accompany H.R. 2693]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill
(H.R. 2693) to require the Secretary of Agriculture to make a
minor adjustment in the exterior boundary of the Hells Canyon
Wilderness in the States of Oregon and Idaho to exclude an
established Forest Service road inadvertently included in the
wilderness, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of H.R. 2693 is to require the Secretary of
Agriculture to make a minor adjustment in the exterior boundary
of the Hells Canyon Wilderness in the States of Oregon and
Idaho to exclude an established Forest Service road
inadvertently included in the wilderness.

BACKGROUND AND NEED FOR LEGISLATION

The Hells Canyon Rim Road Bill corrects an oversight that
led to the closure of an access route into the Hells Canyon
National Recreation Area (HCNRA) in Oregon. H.R. 2693 would
reopen this access route, enhancing the public's enjoyment of
Hells Canyon while preserving the ecologic value of the
adjacent wilderness area.
In 1975, Congress established the HCNRA. The recreation
area abuts the eastern border of the Hells Canyon Wilderness
Area and overlooks the Snake River on the Oregon-Idaho border.
Forest Service Road 3965 lies along the western rim of Hells
Canyon, most of which lies within the recreation area. It
provides access to several hiking trails and to the most scenic
overlooks of the canyon.
The legislative history of the 1975 legislation makes clear
the Congressional intent to maintain Forest Service Road 3965,
the area's most prominent scenic route. However, in 1978,
Representative Ullman (R-OR) successfully sponsored legislation
that changed the eastern boundary of the recreation area by
tying it to the Canyon's ``hydrologic divide''. For 11 years
Road 3965 remained open to motorized vehicles. In October 1989
it was discovered that portions of a 6.5 mile stretch of the
road were located on the Snake River side of the hydrologic
divide, putting it within the wilderness area. Despite
longstanding practice and the well-established intent of
Congress, the Forest Service was compelled to close the road.
H.R. 2693 directs the Secretary of Agriculture to revise
the map and boundary description of the Hells Canyon Wilderness
to exclude Road 3965 from the wilderness area. The road will
remain an unimproved route navigable only by four-wheel drive
vehicles. While providing limited access, the bill will not
affect the total acreage of the wilderness area.

COMMITTEE ACTION

H.R. 2693 was introduced on November 30, 1995, by
Congressman Wes Cooley (R-OR) and cosponsored by Congresswoman
Helen Chenoweth (R-ID). The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
National Parks, Forests and Lands. On June 6, 1996, the
Subcommittee held a hearing on H.R. 2693, where the
Administration testified in support of resolution of the long-
standing issue but indicated a preference to complete the
comprehensive management plan for Hells Canyon before enacting
legislation. On June 27, 1996, the Subcommittee met to mark up
H.R. 2693. No amendments were offered. The bill was then
ordered favorably reported to the Full Committee. On August 1,
1996, the Full Resources Committee met to consider H.R. 2693.
No amendments were offered and the bill was ordered favorably
reported to the House of Representatives by a recorded vote of
14-10 as follows:

committee on resources--roll no. 1

Bill No. H.R. 2693.
Short title: Hells Canyon Wilderness.
Amendment or matter voted on: Final Passage.

----------------------------------------------------------------------------------------------------------------
Members Yeas Nays Present Members Yeas Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Young (Chairman)........... X ........ ......... Mr. Miller....... ........ X .........
Mr. Tauzin..................... X ........ ......... Mr. Markey....... ........ ........ .........
Mr. Hansen..................... ........ ........ ......... Mr. Rahall....... ........ ........ .........
Mr. Saxton..................... ........ ........ ......... Mr. Vento........ ........ ........ .........
Mr. Gallegly................... ........ ........ ......... Mr. Kildee....... ........ X .........
Mr. Duncan..................... ........ ........ ......... Mr. Williams..... ........ ........ .........
Mr. Hefley..................... ........ ........ ......... Mr. Gejdenson.... ........ X .........
Mr. Doolittle.................. X ........ ......... Mr. Richardson... ........ X .........
Mr. Allard..................... X ........ ......... Mr. DeFazio...... ........ X .........
Mr. Gilchrest.................. ........ ........ ......... Mr. Faleomavaega. ........ ........ .........
Mr. Calvert.................... X ........ ......... Mr. Johnson...... ........ ........ .........
Mr. Pombo...................... X ........ ......... Mr. Abercrombie.. ........ ........ .........
Mr. Torkildsen................. X ........ ......... Mr. Studds....... ........ ........ .........
Mr. Hayworth................... ........ ........ ......... Mr. Ortiz........ ........ X .........
Mr. Cremeans................... X ........ ......... Mr. Pickett...... ........ ........ .........
Mrs. Cubin..................... ........ ........ ......... Mr. Pallone...... ........ ........ .........
Mr. Cooley..................... X ........ ......... Mr. Dooley....... ........ X .........
Mrs. Chenoweth................. X ........ ......... Mr. Romero- ........ ........ .........
Barcelo.
Mrs. Smith..................... ........ ........ ......... Mr. Hinchey...... ........ X .........
Mr. Radanovich................. ........ ........ ......... Mr. Underwood.... ........ ........ .........
Mr. Jones...................... X ........ ......... Mr. Farr......... ........ X .........
Mr. Thornberry................. X ........ ......... Mr. Kennedy...... ........ X .........
Mr. Hastings................... X ........ .........
Mr. Metcalf.................... ........ ........ .........
Mr. Longley.................... X ........ .........
Mr. Shadegg.................... ........ ........ .........
Mr. Ensign..................... ........ ........ .........
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SECTION-BY-SECTION ANALYSIS

Section 1. Boundary Adjustment, Hells Canyon Wilderness, Hells Canyon
National Recreation Area

This section directs the Secretary of Agriculture to revise
the map and detailed boundary description of the Hells Canyon
Wilderness to exclude Forest Service Road 3965 from the
wilderness area so that the road may continue to be used by
motorized vehicles.

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.

INFLATIONARY IMPACT STATEMENT

Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that the
enactment of H.R. 2693 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.

COST OF THE LEGISLATION

Clause 7(a) 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
H.R. 2693. However, clause 7(d) 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 403 of the Congressional Budget Act of 1974.

COMPLIANCE WITH HOUSE RULE XI

1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
2693 does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 2693.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI 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 H.R.
2693 from the Director of the Congressional Budget Office.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. Congress,
Congressional Budget Office,
Washington, DC, August 7, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 2693, a bill to require the Secretary of
Agriculture to make a minor adjustment in the exterior boundary
of the Hells Canyon Wilderness in the States of Oregon and
Idaho to exclude an established Forest Service road
inadvertently included in the wilderness. The bill was ordered
reported by the Committee on Resources on August 1, 1996.
Enacting H.R. 2693 would have no significant effect on the
federal budget. Because the bill would not affect direct
spending or receipts; pay-as-you-go procedures would not apply.
H.R. 2693 would direct the Secretary of Agriculture to
adjust the boundary of the Hells Canyon Wilderness to exclude
about 6.5 miles of Forest Service Road 3965 currently within
the wilderness area. Enacting the bill would allow motorized
vehicles to use the road. Based on information from the Forest
Service, CBO estimates that enacting H.R. 2693 would have no
effect on the agency's offsetting receipts. The Forest Service
would incur small administrative expenses to implement the
boundary adjustment, such as changing maps and signs, but we
estimate that any increase in discretionary spending would be
insignificant.
H.R. 2693 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4) and would have no impact on the budgets of
state, local, or tribal governments.
If you wish further details on this estimate, we will be
pleased to provide them. The staff contact is Victoria V. Heid.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).

COMPLIANCE WITH PUBLIC LAW 104-4

H.R. 2693 contains no unfunded mandates.

CHANGES IN EXISTING LAW

If enacted, H.R. 2693 would make no changes in existing
law.
DISSENTING VIEWS

When H.R. 2693 was first considered by the Resources
Committee it was presented as a noncontroversial, minor
boundary adjustment to correct an ``inadvertant'' error.
However, this bill is anything but minor. In fact the bill is
quite controversial and is opposed by a broad array of public
and private interests concerned about the bill's impact on
wildlife and the wilderness character of the area.
We have received letters in opposition to H.R. 2693 from
the Governor of Oregon, the Oregon Department of Fish and
Wildlife, the Nez Perce Tribe, as well as the Oregon Hunters
Association, the largest hunting organization in the State. In
addition, environmental groups oppose the change. We have even
heard from local ranchers that they do not favor this
legislation.
H.R. 2693 will not correct an ``inadvertant mapping error''
because there was no error. We are convinced that the authors
of the Hells Canyon Wilderness were quite specific in setting
the wilderness boundary along the hydrological divide. The road
in question was unimproved and in fact was only open
seasonally. Since the wilderness was established, every Forest
Service survey or study has found overwhelming opposition to
increased motorized use of the area. There are already a number
of paved roads to and on the canyon rim. In fact, 76 percent of
the canyon rim is roaded.
The Forest Service in testimony before the Resources
Committee asked us to defer consideration of H.R. 2693 pending
the completion of the comprehensive management plan for the
area. We think it would be wise to heed their recommendation.
H.R. 2693 is controversial legislation that deserves to be set
aside.

Bill Richardson.
Peter DeFazio.