[Senate Report 108-362]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 721
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-362
======================================================================
 
             UPPER WHITE SALMON WILD AND SCENIC RIVERS ACT

                                _______
                                

               September 28, 2004.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1614]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1614) to designate a portion of White 
Salmon River as a component of the National Wild and Scenic 
Rivers System, 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. SHORT TITLE.

  This Act may be cited as the ``Upper White Salmon Wild and Scenic 
Rivers Act''.

SEC. 2. UPPER WHITE SALMON WILD AND SCENIC RIVER.

  Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
amended by adding at the end the following:
          ``( ) White Salmon River, Washington.--The 20 miles of river 
        segments of the main stem of the White Salmon River and Cascade 
        Creek, Washington, to be administered by the Secretary of 
        Agriculture in the following classifications:
                  ``(A) The approximately 1.6-mile segment of the main 
                stem of the White Salmon River from the headwaters on 
                Mount Adams in section 17, township 8 north, range 10 
                east, downstream to the Mount Adams wilderness boundary 
                as a wild river.
                  ``(B) The approximately 5.1-mile segment of Cascade 
                Creek from its headwaters on Mount Adams in section 10, 
                township 8 north, range 10 east, downstream to the 
                Mount Adams Wilderness boundary as a wild river.
                  ``(C) The approximately 1.5-mile segment of Cascade 
                Creek from the Mount Adams Wilderness boundary 
                downstream to its confluence with the White Salmon 
                River as a scenic river.
                  ``(D) The approximately 11.8-mile segment of the main 
                stem of the White Salmon River from the Mount Adams 
                Wilderness boundary downstream to the Gifford Pinchot 
                National Forest boundary as a scenic river.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are necessary to 
carry out this Act.

                         Purpose of the Measure

    The purpose of S. 1614 is to designate a portion of White 
Salmon River in the State of Washington as a component of the 
National Wild and Scenic Rivers System.

                          Background and Need

    The White Salmon River is internationally known for its 
whitewater rapids, stunning scenery, and abundant fish and 
wildlife. In 1986, nine miles of the lower White Salmon River 
were added to the National Wild and Scenic Rivers System as 
part of the Columbia River Gorge National Scenic Area Act of 
1986 (Pub. Law 99-663). At that time, Congress also directed 
the Forest Service to study the upper White Salmon River for 
possible inclusion in the Wild and Scenic Rivers System.
    The Forest Service released its report in 1997. The Forest 
Service determined that the Upper White Salmon River and its 
tributary Cascade Creek were eligible for inclusion in the 
National Wild and Scenic Rivers System based on their ``free-
flowing condition'' and ``outstandingly scenic, hydrologic, 
geologic, wildlife, and whitewater boating values.'' The Forest 
Service report recommended designating 38.4 river miles, 6.7 of 
which would be classified as ``wild'' (the segments within the 
Mt. Adams Wilderness) and 31.7 miles of which would be 
``scenic.''

                          Legislative History

    S. 1614 was introduced by Senator Cantwell on September 15, 
2003; Senator Murray is a cosponsor. The Subcommittee on Public 
Lands and Forests held a hearing on S. 1614 on July 21, 2004. 
An identical bill (H.R. 2397) was introduced by Representative 
Baird on June 10, 2003.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 15, 2004, by a voice vote of 
a quorum present, recommends that the Senate pass S. 1614, if 
amended as described herein.

                          Committee Amendments

    The amendment adopted by the Committee eliminated as 
unnecessary section 2 (findings), section 4 (stating that the 
legislation does not limit the suitability of the remaining 
recommended segment from future designation, and section 5 
(directing management of the designated sections). Some section 
titles and numbers were redesignated as a result of these 
amendments, and conforming amendments were made to section 3 
(redesignated as section 2).

                      Section-by-Section Analysis

    Sections 1 provides the short title.
    Section 2 amends the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)) to include four segments of the White Salmon River in 
Washington State (20 miles total).
    Section 3 authorizes appropriation of such sums as are 
necessary to carry out the bill.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                                September 17, 2004.
Hon. Pete V. Domenici,
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. 1614, the Upper 
White Salmon Wild and Scenic Rivers Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 1614--Upper White Salmon Wild and Scenic Rivers Act

    CBO estimates that enacting S. 1614 would have no 
significant impact on the federal budget. The bill would not 
affect direct spending or revenues. S. 1614 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    S. 1614 would designate 20 miles of segments of the White 
Salmon River and Cascade Creek in Washington as wild and scenic 
rivers under the Wild and Scenic Rivers Act. Based on 
information from the Forest Service, we estimate that changing 
the designation of those rivers would not significantly affect 
the agency's costs to manage them.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1614.
    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 the 
enactment of S. 1614.

                        Executive Communications

    On September 11, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Agriculture and the Office of Management and Budget setting 
forth executive views on S. 1614. These reports had not been 
received when this report 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 Department of Agriculture at the 
Subcommittee hearing on S. 1614 follows:

  Statement of Mark Rey, National Forest System Forest Service, U.S. 
                       Department of Agriculture

    Mr. Chairman, thank you for the opportunity to appear 
before you today to provide the Department's views on S. 1614 
to designate portions of the Upper White Salmon River in the 
Columbia River Gorge National Scenic Area as either a wild or a 
scenic river.
    S. 1614--Upper White Salmon Wild and Scenic Rivers Act. 
This bill would amend section 3(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(a)) to designate portions of the 
Upper White Salmon River in the State of Washington as a 
component of the National Wild and Scenic Rivers System. The 
four segments that the bill would designate are located on the 
Gifford Pinchot National Forest and include 6.7 miles in the 
Mt. Adams Wilderness, classified as wild and 13.3 miles 
classified as scenic for a total of 20 miles. The Department 
supports S. 1614.
    The Forest Service conducted a study of the Upper White 
Salmon River and its tributary, Cascade Creek, as directed by 
the Columbia River Gorge National Scenic Act (16 U.S.C. 544 et 
seq.) and determined their eligibility for designation as a 
component of the National Wild and Scenic Rivers System. The 
``Upper White Salmon River Wild and Scenic River Study Report 
and Final Legislative Environmental Impact Statement'' (July 
1997) recommended the entire 38.4 miles of the Upper White 
Salmon (including Cascade Creek) be added to the System. The 
recommended segments of the Upper White Salmon River possess 
outstanding wildlife, scenery, geology and hydrology, and are 
highly qualified for designation under the Wild and Scenic 
Rivers Act.
    Although the bill does not designate the 18.4 mile segment 
of river from the Gifford Pinchot National Forest boundary to 
the confluence with Gilmer Creek, which is bounded by non-
federal lands, section 4 does not limit the suitability of this 
segment for future designation.
    This concludes my statement, I would be happy to answer any 
questions that you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1614, as ordered reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                     A. WILD AND SCENIC RIVERS ACT


             (Public Law 90-542; Approved October 2, 1968)


  AN ACT To provide a National Wild and Scenic Rivers System; and for 
                             other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
this Act may be cited as the ``Wild and Scenic Rivers Act''.
    (b) It is hereby declared to be the policy of the United 
States that certain selected rivers of the Nation which, with 
their immediate environments, possess outstandingly remarkable 
scenic recreational, geologic fish and wildlife, historic, 
cultural or other similar values, shall be preserved in free-
flowing condition, and that they and their immediate 
environments shall be protected for the benefit and enjoyment 
of present and future generations. The Congress declares that 
the established national policy of dam and other construction 
at appropriate sections of the rivers of the United States 
needs to be complemented by a policy that would preserve other 
selected rivers or sections thereof in their free-flowing 
condition to protect the water quality of such rivers and to 
fulfill other vital national conservation purposes.

           *       *       *       *       *       *       *

    Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
          (1) Clearwater, Middle Fork, Idaho.--The Middle Fork 
        from the town of Kooskia upstream to the town of 
        Lowell; the Lochsa River from its junction with the 
        Selway at Lowell forming the Middle Fork, upstream to 
        the Powell Ranger Station; and the Selway River from 
        Lowell upstream to its origin; to be administered by 
        the Secretary of Agriculture.

           *       *       *       *       *       *       *

          (  )White Salmon River, Washington.--The 20 miles of 
        river segments of the main stem of the White Salmon 
        River and Cascade Creek, Washington, to be administered 
        by the Secretary of Agriculture in the following 
        classifications:
                  (A) The approximately 1.6-mile segment of the 
                main stem of the White Salmon River from the 
                headwaters on Mount Adams in section 17, 
                township 8 north, range 10 east, downstream to 
                the Mount Adams wilderness boundary as a wild 
                river.
                  (B) The approximately 5.1-mile segment of the 
                Cascade Creek from its headwaters on Mount 
                Adams in section 10, township 8 north, range 10 
                east, downstream to the Mount Adams Wilderness 
                boundary as a wild river.
                  (C) The approximately 1.5-mile segment of 
                Cascade Creek from the Mount Adams Wilderness 
                boundary downstream to its confluence with the 
                White Salmon River as a scenic river.
                  (D) The approximately 11.8-mile segment of 
                the main stem of the White Salmon River from 
                the Mount Adams Wilderness boundary downstream 
                to the Gifford Pinchot National Forest boundary 
                as a scenic river.

           *       *       *       *       *       *       *


                                  
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