[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.....................  ........  ........  .........                                                  
----------------------------------------------------------------------------------------------------------------

                      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.