[House Report 106-425]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-425

======================================================================



 
              EMIGRANT WILDERNESS PRESERVATION ACT OF 1999

                                _______
                                

November 1, 1999.--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. 359]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 359) to clarify the intent of Congress in Public Law 93-
632 to require the Secretary of Agriculture to continue to 
provide for the maintenance and operation of 18 concrete dams 
and weirs that were located in the Emigrant Wilderness at the 
time the wilderness area was designated in that Public Law, 
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. 359 is to clarify the intent of 
Congress in Public Law 93-632 to require the Secretary of 
Agriculture to continue to provide for the maintenance and 
operation of 18 concrete dams and weirs that were located in 
the Emigrant Wilderness at the time the wilderness was 
designated 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 portion of the Stanislaus National Forest 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.
    The Emigrant Wilderness Area was designated in 1974 by 
Public Law 93-632. At the time, many local users and groups 
were opposed to wilderness designation, because of the 
restrictions which accompanied 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 legislation, 
it is generally believed to have been the intent of Congress to 
preserve and leave in place the 18 ``check dam'' structures. 
Among others, the Chief Recreation Officer for the Stanislaus 
National Forest, has repeatedly gone on record as stating it 
was his belief these dams were to be maintained. Additionally, 
report language for the 1974 Act explained:

          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 [emphasis 
added].
    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 was to preserve 12 of the 18 dams and 
allow the remaining six to deteriorate naturally. The final 
draft of the document received two appeals. The Wilderness 
Coalition in Davis, California, appealed the decision because 
it did not remove all 18 dams. The local president of the 
Tuolumne County Sportsmen's Association appealed because the 
decision did not preserve all of the dams. In a series of 
letters from the Wilderness Coalition to Cornell's office, 
legal action was threatened if their position was not upheld.
    Despite the best evidence, the Deputy Regional Forester, 
overturned the local staff's findings and directed that all the 
dams be removed within a five-year period. After a large public 
outcry on the part of the County Board of Supervisors, local 
staff, and dam supporters, the Forest Service Regional office 
reversed its findings and directed the Stanislaus staff to redo 
the entire management plan. In the interim, no further 
maintenance, at public or private expense, would be allowed.
    The Forest Service subsequently completed a new management 
plan for the Emigrant Wilderness. Under the selected 
alternative, the Forest Service will continue to maintain eight 
of the dams for their historical value and allow the rest to 
deteriorate through a policy of non-repair.
    H.R. 359 provides for the Secretary of Agriculture to enter 
into a cooperative agreement with a non-federal entity to 
retain, maintain and operate at private expense the 18 small 
check dams and weirs located within the Emigrant Wilderness 
boundary. The work would be done under terms and conditions 
established by the Secretary and without use of mechanized 
transport or motorized equipment. The bill authorizes $20,000 
to be appropriated to cover administrative costs incurred by 
the Secretary to comply with the National Environmental Policy 
Act.
    A number of conservation, fisheries and recreation 
organizations, as well as local governments, support H.R. 359, 
including the Tuolumne County Alliance for Resources and 
Environment, California Trout and the Backcountry Horsemen of 
California. The Central Sierra Wilderness Watch opposes the 
bill.
    In the 105th Congress, the House of Representatives passed 
H.R. 1663, nearly identical to the current H.R. 359, by a vote 
of 424 to 2. The legislation failed to reach the Senate Floor.

                            COMMITTEE ACTION

    H.R. 359 was introduced on January 19, 1999, by Congressman 
John T. Doolittle (R-CA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Forests and Forest Health. On February 23, 
1999, the Subcommittee held a hearing on the bill, where the 
Administration opposed H.R. 359 for technical reasons and 
concerns about recovering all costs of maintenance of the small 
structures. Witnesses from the Backcountry Horsemen and 
California Trout supported the bill, while Central Sierra 
Wilderness Watch testified against it. On April 27, 1999, the 
Subcommittee met to mark up the bill. No amendments were 
offered and the bill was favorably reported to the Full 
Committee by voice vote. On May 5, 1999, the Full Resources 
Committee met to consider the bill. No amendments were offered 
and the bill was favorably reported to the House of 
Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII 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 this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII 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 on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 11, 1999.
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. 359, the Emigrant 
Wilderness Preservation Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria Heid 
Hall.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 359--Emigrant Wilderness Preservation Act of 1999

    CBO estimates that enacting this bill would have no 
significant impact on the federal budget. Enacting the bill 
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply. H.R. 359 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act. State and local governments might 
incur some costs as a result of the bill's enactment, but these 
costs would be voluntary.
    H.R. 359 would direct the Secretary of Agriculture to enter 
into a cooperative agreement with a nonfederal 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 1998 the Forest Service 
will continue to maintain 8 of the 18 structures and allow the 
others to deteriorate without repair. Under H.R. 359, all 18 
structures would be maintained at private expense. The bill 
would authorize the appropriation of $20,000 to cover the costs 
of environmental reviews. Based on information from the Forest 
Service, CBO estimates that the total cost to conduct such 
environmental analyses could exceed the amount authorized. 
Nevertheless, we estimate that implementing the bill would cost 
less then $50,000 over the 2000-2004 period, assuming 
appropriation of the necessary sums.
    The CBO contact for this estimate is Victoria Heid Hall. 
This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt State, local, or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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