[House Report 105-377]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-377
_______________________________________________________________________


 
              HELLS CANYON WILDERNESS BOUNDARY ADJUSTMENT

                                _______
                                

November 4, 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

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 799]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 799) 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. 799 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

    H.R. 799 would require the Secretary of Agriculture to make 
a minor adjustment in the exterior boundary of the Hells Canyon 
Wilderness in the State of Oregon and Idaho to exclude an 
established Forest Service road inadvertently included in the 
wilderness. H.R. 799 corrects an oversight that led to the 
closure of an access route into the Hells Canyon National 
Recreation Area (HCNRA) in Oregon. H.R. 799 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 created the HCNRA. The recreational area 
abuts the eastern border of the Hell's 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. The road 
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, 
legislation was enacted that changed the eastern boundary of 
the recreation area by tying it to the canyon's ``hydrological 
divide.'' For 11 years, Forest Service 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 hydrological divide, putting it within 
the wilderness. Despite longstanding practice and the well-
established intent of Congress, the Forest Service was 
compelled to close the road.
    H.R. 799 directs the Secretary of Agriculture to revise the 
map and boundary description of the Hells Canyon Wilderness to 
exclude Forest Service 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. 799 was introduced on February 13, 1997, by 
Congressman Robert F. Smith (R-OR). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on Forests and Forest Health. On March 20, 1997, 
the Subcommittee held a hearing on H.R. 799, where the 
Administration testified in support of H.R. 799. On June 17, 
1997, the Subcommittee met to mark up H.R. 799. No amendments 
were offered and the bill was then ordered favorably reported 
to the Full Committee by voice vote. On July 16, 1997, the Full 
Resources Committee met to consider H.R. 799. No amendments 
were offered and the bill was then ordered favorably reported 
to the House of Representatives by a rollcall vote of 22-17, as 
follows:





            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. 799.

                        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. 799. 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. 
799 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. 799.
    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. 799 
from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 23, 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. 799, 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.
    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. 799--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

    Enacting H.R. 799 would have no significant effect on the 
federal budget. Because the bill would not affect direct 
spending or receipts, pay-as-you-go procedures do not apply. 
H.R. 799 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. 799 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. 799 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.
    The CBO staff 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. 799 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 799 would make no changes in existing law.

                            DISSENTING VIEWS

    H.R. 799 has been presented as ``minor'' boundary 
adjustment to correct an ``inadvertent'' error. However, as we 
learned in the 104th Congress, 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.
    Letters have been made part of the record in opposition to 
this legislative proposal 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. 799 will not correct an ``inadvertent 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 
Forest Service's own review of the legalative history failed to 
turn up any evidence that congressional intent was to exclude 
the road. In fact, three Forest Service studies and two acts of 
Congress placed the road inside the wilderness.
    The road in question was an unimproved fire road, built in 
the early 1970's, 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.
    We believe that part of this impressive canyon rim should 
be free of vehicles. We join with the Governor of Oregon, the 
Nez Perce Tribe, and a broad array of hunting groups and 
environmental organizations in opposing H.R. 799 as unwarranted 
legislation that deserves to be set aside.

                                   George Miller.
                                   Maurice D. Hinchey.
                                   Peter DeFazio.
                                   Bruce F. Vento.

                                
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