[Senate Report 105-228]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 406
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-228
_______________________________________________________________________


 
                  LAKE CHELAN NATIONAL RECREATION AREA

                                _______
                                

                 June 26, 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1683]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1683) to transfer administrative 
jurisdiction over part of the Lake Chelan National Recreation 
Area from the Secretary of the Interior to the Secretary of 
Agriculture for inclusion in the Wenatchee National Forest, 
having considered the same, reports favorably thereon with an 
amendment and recommends 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. BOUNDARY ADJUSTMENTS, LAKE CHELAN NATIONAL RECREATION AREA 
                    AND WENATCHEE NATIONAL FOREST, WASHINGTON.

  (a) Boundary Adjustments.--
          (1) Lake chelan national recreation area.--The boundary of 
        the Lake Chelan National Recreation Area, established by 
        section 202 of Public Law 90-544 (16 U.S.C. 90a-1), is hereby 
        adjusted to exclude a parcel of land and waters consisting of 
        approximately 88 acres, as depicted on the map entitled 
        ``Proposed Management Units, North Cascades, Washington'', 
        numbered NP-CAS-7002A, originally dated October 1967, and 
        revised July 13, 1994.
          (2) Wenatchee national forest.--The boundary of the Wenatchee 
        National Forest is hereby adjusted to include the parcel of 
        land and waters described in paragraph (1).
          (3) Availability of map.--The map referred to in paragraph 
        (1) shall be on file and available for public inspection in the 
        offices of the superintendent of the Lake Chelan National 
        Recreation Area and the Director of the National Park Service, 
        Department of the Interior, and in the office of the Chief of 
        the Forest Service, Department of Agriculture.
  (b) Transfer of Administrative Jurisdiction.--Administrative 
jurisdiction over Federal land and waters in the parcel covered by the 
boundary adjustments in subsection (a) is transferred from the 
Secretary of the Interior to the Secretary of Agriculture, and the 
transferred land and waters shall be managed by the Secretary of 
Agriculture in accordance with the laws and regulations pertaining to 
the National Forest System.
  (c) Land and Water Conservation Fund.--For purposes of section 7 of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), 
the boundaries of the Wenatchee National Forest, as adjusted by 
subsection (a), shall be considered to be the boundaries of the 
Wenatchee National Forest as of January 1, 1965.

                                purpose

    S. 1683, as ordered reported, would transfer administrative 
jurisdiction over part of the Lake Chelan National Recreation 
Area from the Secretary of the Interior to the Secretary of 
Agriculture for inclusion in the Wenatchee National Forest.

                          background and need

    Aproximately 88 acres of private property along Lake 
Chelan, located about 100 miles east of Seattle, Washington, is 
bisected by the boundary of the Lake Chelan National Recreation 
area. Most of this property is located within the Wenatchee 
National Forest, however, approximately 23 acres lie within the 
Lake Chelan National Recreation Area, which is administered by 
the National Park Service.
    Prior to the 1968 establishment of the Lake Chelan National 
Recreation Area, the private landowner was assured that his 
property would not be included in the new Park unit, but would 
remain under the jurisdiction of the Forest Service. When the 
boundary was drawn, however, it bisected the property, leaving 
a portion under the jurisdiction of the Forest Service and 
transferring a portion to the Park Service. It is not normal 
for private land to be bisected by a federal boundary.
    For nearly 20 years, the private landowner was subject to 
split jurisdiction. After reviewing the Draft Land Protection 
Plan for the Lake Chelan National Recreation Area in 1987, he 
wrote to the Park Superintendent explaining his predicament and 
noting that the boundary line should have been drawn to the 
Northwest of his property. Subsequently, the Superintendent 
advised the property owner that the best solution was a formal 
boundary adjustment by Congress.
    S. 1683 transfers jurisdiction of about 23 acres of the 
land, and approximately 65 acres of submerged land, from the 
Lake Chelan National Recreation Area to the Wenatchee National 
Forest. This is a minor adjustment, amounting to just over one-
tenth of one percent of the total land in the Lake Chelan 
National Recreation Area.

                          legislative history

    S. 1683 was introduced on February 26, 1998, by Senator 
Gorton, and was referred to the Committee on Energy and Natural 
Resources. The Subcommittee on Forests and Public Land 
Management held a hearing on S. 1683 on March 25, 1998. At a 
business meeting on May 13, 1998, the Committee on Energy and 
Natural Resources ordered S. 1683, as amended, favorably 
reported.

            committee recommendation and tabulation of votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 13, 1998, by unanimous vote of a 
quorum present recommends that the Senate pass S. 1683, if 
amended as described herein.
    The rollcall vote on reporting the measure was 20 yeas, no 
nays as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles\1\
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams \1\
Mr. Smith
Mr. Gorton
Mr. Burns \1\
Mr. Bumpers
Mr. Ford
Mr. Bingaman
Mr. Akaka
Mr. Dorgan \1\
Mr. Graham \1\
Mr. Wyden
Mr. Johnson
Ms. Landrieu

    \1\ Indicates vote by proxy.

                          committee amendment

    During the consideration of S. 1683 the Committee adopted 
an amendment in the nature of a substitute offered by Senator 
Gorton. The amendment makes technical corrections to address 
concerns raised by the Administration, adds a citation to the 
public law which established the Lake Chelan National 
Recreation Area, and provides a more precise description of the 
area to be transferred.

                   cost and budgetary considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 18, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1683, a bill to 
transfer administrative jurisdiction over part of the Lake 
Chelan National Recreation Area from the Secretary of the 
Interior to the Secretary of Agriculture for inclusion in the 
Wenatchee National Forest.
    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.

               congressional budget office cost estimate

S. 1683--A bill to transfer administrative jurisdiction over part of 
        the Lake Chelan National Recreation Area from the Secretary of 
        the Interior to the Secretary of Agriculture for inclusion in 
        the Wenatchee National Forest

    CBO estimates that enacting this bill would have no 
significant impact on the federal budget. Because S. 1683 would 
not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. S. 1683 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 and would not affect the 
budgets of state, local, or tribal governments.
    S. 1683 would transfer jurisdiction over certain land and 
water in the state of Washington from the Secretary of the 
Interior to the Secretary of Agriculture. The bill would adjust 
the boundary of the Lake Chelan National Recreation Area to 
exclude a parcel of land and water consisting of about 23 acres 
of private property and about 60 acres of the surface of Lake 
Chelan, which is owned by the federal government. The bill 
would adjust the boundary of the Wenatchee National Forest, 
managed by the U.S. Forest Service in the Department of 
Agriculture, to include that same parcel. The private property 
that would be transferred is currently within the boundaries of 
both the Lake Chelan Recreation Area and the Wenatchee National 
Forest. Transferring jurisdiction for that land between 
agencies would allow the private property to be under the 
jurisdiction of a single public land unit. We estimate that 
implementing this jurisdictional transfer would have no net 
impact on the federal budget.
    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.

                      regulatory impact evaluation

    The bill is not a regulatory measure in the sense of 
imposing Government established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little if any additional paperwork would result from 
enactment of S. 1683.

                        executive communications

    Legislative reports from the Department of Agriculture and 
the Office of Management and Budget setting forth Executive 
agency recommendations on S. 1683 were unavailable at the time 
the report on S. 1683 was filed. When the reports become 
available, the Chairman will request that they be printed in 
the Congressional Record for the advice of the Senate. The 
testimony provided by the Forest Service at the Subcommittee 
hearing follows:

 STATEMENT OF ELEANOR TOWNS, FOREST SERVICE, DEPARTMENT OF AGRICULTURE

    Mr. Chairman and Members of the Subcommittee, thank you for 
the opportunity to present the Administration's testimony.


s. 1683. wenatchee national forest boundary adjustment and transfer of 
                              jurisdiction


    S. 1683 would transfer jurisdiction of approximately 88 
acres of land, including approximately 56.7 acres of public 
land under the surface of Lake Chelan, from the Secretary of 
the Interior to the Secretary of Agriculture.
    The Administration supports the bill, if amended, to 
provide relief to a private landowner whose property is 
currently within the boundaries of the Lake Chelan National 
Recreation Area, administered by the Department of the 
Interior, and the Wenatchee National Forest, administered by 
the Department of Agriculture. The landowner would prefer to be 
within the boundary of one public land unit, specifically the 
National Forest. To address this problem, the bill would 
transfer jurisdiction of lands between agencies, but, as 
written, would not accomplish the needed adjustment to the 
administrative boundary of the Wenatchee National Forest in 
order to include approximately 23.3 acres of private land.
    The Administration would propose technical amendments to 
accomplish the boundary adjustment and to correct the number of 
acres represented in the transfer. It is our understanding that 
the map described in Section 1(b) only provides for the 
transfer of 80 acres. With these amendments, we support the 
change in management jurisdiction.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 1683, as 
ordered reported.

                                
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