[Senate Report 109-28]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 41
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-28
======================================================================


 
                    WILD SKY WILDERNESS ACT OF 2005

                                _______
                                

                 March 10, 2005.--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. 152]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 152) to enhance ecosystem protection and 
the range of outdoor opportunities protected by statute in the 
Skykomish River valley of the State of Washington by 
designating certain lower-elevation Federal lands as 
wilderness, and for other purposes, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 2, lines 9 and 10, strike ``as the Wild Sky 
Wilderness.'' and insert ``as the `Wild Sky Wilderness'.''.
    2. On page 2, line 16, strike ``United States''.
    3. On page 2, line 17, strike ``United States''.
    4. On page 3, line 19, strike ``develop:'' and insert 
``develop--''.
    5. On page 3, line 23, strike ``, Public Law 88-577''.
    6. On page 4, line 8, strike ``trail'' and insert 
``trails.''.
    7. On page 5, line 10, strike ``(1)''.
    8. On page 5, line 15, strike ``Public Law 88-577;''.
    9. On page 5, lines 24 and 25, strike ``map entitled Chelan 
County Public Utility District Exchange and'' and insert ``map 
entitled `Chelan County Public Utility District Exchange' 
and''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 152 is to enhance ecosystem protection 
and the range of outdoor opportunities protected by statute in 
the Skykomish River Valley of the State of Washington by 
designating certain lower-elevation Federal lands as wilderness 
in the Mt. Baker-Snoqualmie National Forest.

                          BACKGROUND AND NEED

    The Wild Sky Wilderness is located just a few hours from 
over half of Washington's population and will provide key 
recreational opportunities to the booming population of the 
Puget Sound region as well as creating a vital link to other 
Cascade Wilderness Areas. Additionally, these areas will 
provide a safe and healthy home for important fish and wildlife 
populations.
    One of the main goals of this bill is protecting and 
promoting high-quality open space and recreational 
opportunities for the growing Puget Sound region. More than 2.4 
million people live in King, Snohomish, and Skagit counties. 
All of these areas are within close proximity to the area, and 
population of the area continues to grow, leading to increasing 
loss of open space.
    Another important goal to be achieved by enactment of S. 
152 is to place lowlands into the wilderness system in 
Washington State. Current wilderness areas in western 
Washington State are primarily high-elevation and, while 
important, do not reflect a wide range of ecological systems. 
S. 152 designates lowlands around the North Fork Skykomish 
river and its many creeks as wilderness. The bill establishes 
the 106,000 acre Wild Sky Wilderness Area in the Mt. Baker-
Snoqualmie National Forest.

                          LEGISLATIVE HISTORY

    S. 152 was introduced by Senator Murray and Senator 
Cantwell on January 25, 2005. A similar bill (S. 391) was 
introduced by Senator Murray and Senator Cantwell in the 108th 
Congress. The Subcommittee on Public Lands and Forests held a 
hearing on June 4, 2003. S. Hrg. 108-68. The bill was favorably 
reported by the Committee, with amendments. S. Rept. 108-131. 
The Senate passed S. 391, as amended, by unanimous consent on 
November 24, 2003. A similar bill, passed the Senate in the 
107th Congress as Title V of S. 2222. At its business meeting 
on February 16, 2003, the Committee on Energy and Natural 
Resources ordered S. 152 favorably reported, with amendments.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on February 16, 2005, by a voice vote of 
a quorum present, recommends that the Senate pass S. 152, if 
amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 152, the Committee adopted 
several technical and clarifying amendments.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides a short title for the Act as the ``Wild 
Sky Wilderness Act of 2005''.
    Section 2(a) adds approximately 106,000 acres of National 
Forest System lands in the State of Washington to the National 
Wilderness Preservation System.
    Subsection (b) directs the Secretary of Agriculture 
(``Secretary'') to file a map and legal description with the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives.
    Section 3(a) requires the Secretary to manage the lands 
designated in section 3 in accordance with the Wilderness Act 
(16 U.S.C. 1131 et seq.).
    Subsection (b) directs the Secretary to develop a system of 
hiking and equestrian trails within the Wilderness and to 
consult with interested parties in establishing the trails.
    Subsection (c) authorizes the use of helicopters to 
construct and maintain a telecommunications site in Snohomish 
County.
    Subsection (d) authorizes the Secretary to allow the use of 
float planes on Lake Isabel within the Wilderness.
    Subsection (e) authorizes the use and maintenance of the 
existing Evergreen Mountain Lookout within the Wilderness.
    Section 4(a) authorizes the Secretary to acquire Priority 
Acquisition Lands within the Wilderness and to adjust the 
boundaries of the Wild Sky Wilderness to encompass the 
acquisitions.
    Subsection (b) directs the Secretary to ensure adequate 
access to private inholdings within the Wild Sky Wilderness.
    Subsection (c) directs that valuation of private lands be 
determined without reference to any restrictions on access or 
use arising out of the wilderness designation.
    Section 5 directs the Secretary to exchange certain lands 
with the Chelan County Public Utility District.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 152--Wild Sky Wilderness Act of 2005

    Summary: S. 152 would designate the Wild Sky Wilderness on 
106,000 acres of federal lands within the Mount Baker-
Snoqualmie National Forest in Washington and would authorize 
the Secretary of Agriculture to acquire nonfederal lands and 
interests within the proposed wilderness. The bill would 
require the Secretary to prepare a plan to establish hiking 
trails within the proposed wilderness and report to the 
Congress on the implementation of that plan. Finally, S. 152 
would direct the Secretary to convey to a local public utility 
district a permanent easement to operate a snow-monitoring 
device on 1.82 acres of national forest land in exchange for 
roughly 372 acres of land owned by that district.
    CBO estimates that implementing S. 152 would cost $18 
million over the 2006-2010 period, assuming appropriation of 
the necessary amounts. Enacting the bill could affect direct 
spending (including offsetting receipts), but we estimate that 
any such effects would be negligible. S. 152 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 152 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2006     2007     2008     2009     2010
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level......................................        7        5        5        1        1
Estimated Outlays..................................................        7        5        4        1        1
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO estimates that implementing S. 152 
would cost $18 million over the 2006-2010 period, assuming 
appropriation of the necessary amounts. We also estimate that 
the bill could increase direct spending, but that any such 
effects would not be significant in any year. For this 
estimate, CBO assumes that S. 152 will be enacted by the end of 
fiscal year 2005 and that funds will be provided for each 
fiscal year as needed. Estimates of outlays are based on 
historical spending patterns for similar activities.

Spending subject to appropriation

    Based on information provided by the Forest Service, CBO 
estimates that designating the proposed wilderness would 
increase the agency's administrative costs by roughly $250,000 
to $500,000 a year. We also estimate that the agency would 
spend: $6 million over the 2006-2008 period to remove 27 miles 
of road that currently exist within the proposed wilderness; $4 
million over the 2006-2008 period to design and implement a 
system of trails; and up to $7 million over the same period to 
acquire nonfederal lands and interests within the proposed 
wilderness.

Direct spending

    Designating federal lands as wilderness could result in 
forgone offsetting receipts (a credit against direct spending) 
if, under current law, those lands would generate income from 
activities such as timber harvesting and mining. According to 
the Forest Service, however, those lands currently generate no 
significant receipts and are not expected to do so over the 
next 10 years. Therefore, CBO estimates that any forgone 
receipts under S. 152 would be negligible.
    Intergovernmental and private-sector impact: S. 521 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Megan Carroll and 
Deborah Reis. Impact on State, Local, and Tribal Governments: 
Marjorie Miller. Impact on the Private Sector: Paige Piper/
Bach.
    Estimate 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. 152.
    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. 152, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration on S. 391 in the 108th 
Congress were included in testimony received by the Committee 
at a hearing on the bill on June 4, 2003, as follows:

   Statement of Mark Rey, Under Secretary, Department of Agriculture

    S. 391 would designate approximately 106,000 acres of 
additional wilderness on the Mt. Baker-Snoqualmie National 
Forest in the State of Washington. It directs the Secretary to 
assure adequate access to private in-holdings within the Wild 
Sky Wilderness and establish a trail plan for hiking and 
equestrian trails within and adjacent to the wilderness. The 
bill authorizes the use of helicopter access to construct and 
maintain a joint Forest Service and Snohomish County repeater 
site to provide improved communication for safety, health, and 
emergency services.
    S. 391 also requires the Secretary to exchange specified 
lands with the Chelan County Public Utility District if the 
District offers to the Secretary approximately 371.8 acres 
within the Mt. Baker-Snoqualmie National Forest, in exchange 
for a permanent easement, including helicopter access, 
consistent with such levels as used as of the date of this 
bill's enactment, to maintain an existing snotel site on 1.82 
acres on the Wenatchee National Forest. The snotel site is 
currently used to monitor the snow pack for calculating 
expected runoff into hydroelectric projects. If, after the 
exchange occurs, Chelan County notifies the Secretary that they 
no longer need to maintain the snotel site, the easement will 
be extinguished and all rights conveyed by this exchange would 
revert to the United States.
    The Department does not oppose the designation of the Wild 
Sky Wilderness as a component of the National Wilderness 
Preservation System. We recognize and commend the delegation 
for its collaborative approach and local involvement that 
contribute to bipartisan support for this bill. However, the 
Department would like to work with the Committee to improve S. 
391.
    While the vast majority of the lands described in S. 391 
are appropriate for wilderness designation, the Department has 
significant concerns with approximately 16,000 acres. These 
acres would not be considered suitable for wilderness 
designation under the provisions of the1964 Wilderness Act or 
under existing Forest Service regulations and planning direction. The 
Department believes that the current allocation of these lands under 
the Mt. Baker-Snoqualmie Forest Plan continues to be the most suitable 
designation for these acres.
    The lands that we believe are appropriate for designation 
under the Wilderness Act, approximately 90,000 acres, consist 
of all of the Eagle Rock Roadless Area and portions of Glacier 
Peak A, B, K, and L. These areas retain their undeveloped 
character and are largely without permanent improvements or 
human habitation. Limiting the wilderness designation to these 
lands would address many of the Department's concerns.
    The areas we propose for exclusion from wilderness 
designation include low elevation forests that have been 
utilized for timber harvest and mining over the last 80 years, 
still showing visible evidence of road building, logging and 
mining activities. The areas also include approximately 27 
miles of existing roads, some of which are all weather, 
drivable, and graveled. Several of the roads receive 
significant visitor use associated with recreation 
opportunities. The Rapid River Road is such a travel way and we 
recommend excluding it, in its entirety, from wilderness 
designation. The types of recreation experiences enjoyed by 
users along the Rapid River Road corridor include driving for 
pleasure, nature photography, fishing, picnicking and dispersed 
camping at a number of pull-off sites along the road. In the 
winter snowmobiles use this road as a part of the snowmobile 
trail system, traveling to its end point.
    Another concern lies with roads, both outside and adjacent 
to the proposed wilderness boundary that have narrow corridors 
subject to landslide and river bank erosion. This situation 
poses significant public access and resource management issues, 
as the proximity of the proposed boundary could result in 
constraints related to necessary repairs and road 
reconstruction work. We would like to work with the Committee 
on more appropriate boundaries.
    Further, we propose the exclusion of most of the 
approximately 2,400 acres of private patented mining claims and 
private timberlands. A boundary adjustment in the Silver Creek 
drainage would remove most of the private lands from the 
proposed Wilderness.
    Finally, the approach to naming these disconnected areas of 
land collectively as the Wild Sky Wilderness may cause public 
confusion, particularly since some of the areas proposed for 
designation are immediately adjacent to the existing Henry M. 
Jackson Wilderness. In order to minimize administrative costs 
and reduce public confusion, the Department suggests 
designating only Eagle Rock Roadless Area as Wild Sky 
Wilderness. The Glacier Peak Roadless Areas A, B, K, and L 
should become additions to the adjacent Henry M. Jackson 
Wilderness.
    The Department supports the administrative provisions in 
the bill, particularly provisions for a repeater site to 
provide improved communications for safety and health purposes. 
The Department also supports the provisions for land exchange 
in the Glacier Peak Wilderness and provisions for management of 
the existing snowtel site in that wilderness.

                        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. 152 as ordered 
reported.

                                  
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