[House Report 105-192]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-192
_______________________________________________________________________


 
  DAMS IN EMIGRANT WILDERNESS, STANISLAUS NATIONAL FOREST, CALIFORNIA

                                _______
                                

 July 21, 1997.--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

                        [To accompany H.R. 1663]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1663) to clarify the intent of the Congress in Public Law 
93-632 to require the Secretary of Agriculture to continue to 
provide for the maintenance of 18 concrete dams and weirs that 
were located in the Emigrant Wilderness at the time the 
wilderness area was designated as wilderness in that Public 
Law, 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 out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. OPERATION AND MAINTENANCE OF EXISTING DAMS AND WEIRS, 
                    EMIGRANT WILDERNESS, STANISLAUS NATIONAL FOREST, 
                    CALIFORNIA.

  The Secretary of Agriculture shall enter into an agreement with a 
non-Federal entity, under which the entity will retain, maintain, and 
operate at private expense the 18 concrete dams and weirs located 
within the boundaries of the Emigrant Wilderness in the Stanislaus 
National Forest, California, as designated by section 2(b) of Public 
Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note). The Secretary shall 
require the entity to operate and maintain the dams and weirs at the 
level of operation and maintenance that applied to such dams and weirs 
before the date of the enactment of such Act, January 3, 1975.

                          purpose of the bill

    The purpose of H.R. 1663 is to clarify the intent of the 
Congress in Public Law 93-632 to require the Secretary of 
Agriculture to continue to provide for the maintenance of 18 
concrete dams and weirs that were located in the Emigrant 
Wilderness at the time the wilderness area was designated as 
wilderness in that Public Law.

                  background and need for legislation

    Between 1931 and 1954 local sporting enthusiasts and back 
country users led by Tuolumne County resident Fred Leighton 
built and constructed a series of 18 dams and concrete weirs 
throughout the area which later came to be known as the 
Emigrant Wilderness Area. These dams were built from native 
rock so as to blend in naturally with their surroundings. Most 
of these dams do not exceed two feet in height. The largest dam 
is approximately seven feet tall. Until the utilization of air 
stocking, both local sporting groups and later the California 
Department of Fish and Game stocked the lakes with fish. The 
last dam was built in 1954, 20 years before wilderness 
designation was considered for the area.
    Currently, the Forest Service is in the process of 
developing a management plan for the Emigrant Wilderness. This 
document is being developed by staff of the Pinecrest District 
Tanger Station. Under the preferred alternative offered in its 
draft management plan, the study team proposed eliminating 11 
of 18 existing dams through a policy of non-repair. Under their 
proposal the remaining seven would be proposed for the 
historical registry and maintained at Forest Service expense.
    The Emigrant Wilderness Area was established in 1974 by 
H.R. 12884, and signed into law by President Nixon. At the time 
many local users and groups were opposed to wilderness 
designation because of the restrictions which accompany the new 
status. As federal wilderness, no motorized activity is allowed 
within the wilderness boundaries, even for search and rescue 
purposes.
    Although not specifically indicated within the final draft 
of the bill, it is generally believed to have been the intent 
of Congress to preserve and leave in place the 18 ``check dam'' 
structures. Among others, Art Smith, the Chief Recreation 
Officer for the Stanislaus National Forest, has repeatedly gone 
on record as stating it is his belief these dams were to be 
maintained. Additionally, report language on the 1974 Act 
stated: ``Within the area recommended for wilderness 
designation, there are drift fences (5 miles) which will be 
maintained, but several cabins and barns will be removed within 
ten years. Two snow cabins will be retained. The weirs and 
small dams will likewise be retained.'' (House Report No. 93-
989, p. 10, April 11, 1974)
    In 1990, the Stanislaus National Forest staff under 
direction from then Regional Forester Blain Cornell, prepared 
and put out for public comment an updated management plan for 
the Stanislaus National Forest. Among other items, staff's 
final recommendation were to preserve 12 of the 18 dams and 
allow the remaining six to deteriorate naturally. The final 
draft of the document received two appeals, one from the 
Wilderness Coalition, which appealed on the basisof removing 
all 18 dams. The second was from the local president of the Tuolumne 
County Sportsman's Association, who appealed for the preservation of 
all 18 dams. In a series of letters from the Wilderness Coalition to 
Cornell's office, legal action was threatened if the Coalition's 
position was not upheld.
    Despite the best evidence, Deputy Regional Forester Joyce 
Muracka overturned local staff's findings and directed that all 
the dams be removed within a five year time period. After a 
large public outcry on the part of the Tuolumne County Board of 
Supervisors, local staff, and dam supporters, the Regional 
office reversed its findings and directed the Stanislaus staff 
to redo the entire management plan. In the interim, no further 
maintenance of the dams, at public or private expense, has been 
allowed.

                            COMMITTEE ACTION

    H.R. 1663 was introduced on May 20, 1997, by Congressman 
John T. Doolittle (R-CA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Forest and Forest Health. On July 10, 1997, the 
Subcommittee held a hearing on H.R. 1663, where the 
Administration testified in opposition to the bill. On July 16, 
1997, the Resources Committee met to mark up H.R. 1663 and 
discharged the Subcommittee from further consideration of the 
bill. An amendment was offered by Mr. Doolittle and adopted by 
voice vote to direct the Secretary of Agriculture to enter into 
an agreement with a non-Federal entity under which the entity 
will retain, maintain, and operate at private expense the 18 
concrete dams and weirs located within the boundaries of the 
Emigrant Wilderness in the Stanislaus National Forest, 
California, as designated by section 2(b) of Public Law 93-632. 
The Secretary shall require the entity to operate and maintain 
the dams and weirs at the level of operation and maintenance 
that applied to such dams and weirs before the date of the 
enactment of such Act, January 3, 1975. The bill as amended was 
then ordered favorably reported to the House of Representatives 
by voice vote.

            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.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 1663.

                        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 
outH.R. 1663. 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. 
1663 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. 1663.
    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. 
1663 from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 17, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1663, a bill to 
clarify the intent of the Congress in Public Law 93-632 to 
require the Secretary of Agriculture to continue to provide for 
the maintenance of 18 concrete dams and weirs that were located 
in the Emigrant Wilderness at the time the wilderness area was 
designated as wilderness in that public law.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 1663--A bill to clarify the intent of the Congress in Public Law 
        93-632 to require the Secretary of Agriculture to continue to 
        provide for the maintenance of 18 concrete dams and weirs that 
        were located in the Emigrant wilderness at the time the 
        wilderness area was designated as wilderness in that public law

    CBO estimates that enacting this bill would have no 
significant impact on the federal budget. Because H.R. 1663 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. H.R. 1663 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 and would have no impact 
on the budgets of state, local, or tribal governments.
    H.R. 1663 would direct the Secretary of Agriculture to 
enter into an agreement with a non-federal entity to retain, 
maintain, and operate at private expense 18 concrete dams and 
weirs in the Emigrant Wilderness within the Stanislaus National 
Forest, California. According to the Forest Service, under a 
management decision made in 1989 the Forest Service has 
maintained 12 structures and allowed the other 6 to deteriorate 
naturally; however, under revisions to the management plan 
currently being prepared, the Forest Service is likely to 
continue maintaining only 7 of the 18 structures. Enacting H.R. 
1663 would provide for maintaining all 18 structures--but at 
private expense. CBO estimates that implementing the bill would 
not result in a significant change in Forest Service spending.
    The CBO contact for this estimate is Victoria V. Heid. This 
estimate was approved by Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    compliance with public law 104-4

    H.R. 1663 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 1663 would make no changes in existing 
law.