[House Report 110-694]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-694

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



 
     SEQUOIA AND KINGS CANYON NATIONAL PARKS WILDERNESS ACT OF 2008

                                _______
                                

  June 5, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3022]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3022) to designate the John Krebs Wilderness in the 
State of California, to add certain land to the Sequoia-Kings 
Canyon National Park Wilderness, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Sequoia and Kings Canyon National 
Parks Wilderness Act of 2008''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (2) State.--The term ``State'' means the State of California.

SEC. 3. DESIGNATION OF WILDERNESS AREAS.

  In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the 
following areas in the State are designated as wilderness areas and as 
components of the National Wilderness Preservation System:
          (1) John krebs wilderness.--
                  (A) Designation.--Certain land in Sequoia and Kings 
                Canyon National Parks, comprising approximately 69,500 
                acres of land, and 130 acres of potential wilderness 
                additions as generally depicted on the map numbered 
                102/60014a, titled ``John Krebs Wilderness'', and dated 
                March 10, 2008.
                  (B) Limitations.--The designation of the wilderness 
                under subparagraph (A) does not preclude operation and 
                maintenance of the existing Hockett Meadow Cabin and 
                Quinn Patrol Cabin in the same manner and degree in 
                which the cabins were operated and maintained on the 
                day before the date of enactment of this Act.
                  (C) Effect.--Nothing in this paragraph affects--
                          (i) the cabins in, and adjacent to, Mineral 
                        King Valley; or
                          (ii) the private inholdings known as ``Silver 
                        City'' and ``Kaweah Han''.
                  (D) Potential wilderness additions.--The designation 
                of the potential wilderness additions under 
                subparagraph (A) shall not prohibit the operation, 
                maintenance, and repair of the small check dams and 
                water impoundments on Lower Franklin Lake, Crystal 
                Lake, Upper Monarch Lake, and Eagle Lake. The Secretary 
                is authorized to allow the use of helicopters for the 
                operation, maintenance, and repair of the small check 
                dams and water impoundments on Lower Franklin Lake, 
                Crystal Lake, Upper Monarch Lake, and Eagle Lake. The 
                potential wilderness additions shall be designated as 
                wilderness and incorporated into the John Krebs 
                Wilderness established by this Act upon termination of 
                the non-conforming uses.
          (2) Sequoia-kings canyon wilderness addition.--Certain land 
        in Sequoia and Kings Canyon National Parks, California, 
        comprising approximately 45,186 acres as generally depicted on 
        the map titled ``Sequoia-Kings Canyon Wilderness Addition'', 
        numbered 102/60015a, and dated March 10, 2008, is incorporated 
        in, and shall be considered to be a part of, the Sequoia-Kings 
        Canyon Wilderness.

SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.

  (a) In General.--Subject to valid existing rights, each area 
designated as wilderness by this Act shall be administered by the 
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.), except that any reference in the Wilderness Act to the effective 
date of the Wilderness Act shall be considered to be a reference to the 
date of enactment of this Act.
  (b) Map and Legal Description.--
          (1) Submission of map and legal description.--As soon as 
        practicable, but not later than 3 years, after the date of 
        enactment of this Act, the Secretary shall file a map and legal 
        description of each area designated as wilderness by this Act 
        with--
                  (A) the Committee on Energy and Natural Resources of 
                the Senate; and
                  (B) the Committee on Natural Resources of the House 
                of Representatives.
          (2) Force and effect.--The map and legal description filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct any 
        clerical or typographical error in the map or legal 
        description.
          (3) Public availability.--The map and legal description filed 
        under paragraph (1) shall be on file and available for public 
        inspection in the Office of the Secretary.
  (c) Hydrologic, Meteorologic, and Climatological Devices, Facilities, 
and Associated Equipment.--The Secretary shall continue to manage 
maintenance and access to hydrologic, meteorologic, and climatological 
devices, facilities and associated equipment consistent with House 
Report 98-40.
  (d) No Buffer Zones.--
          (1) In general.--Nothing in this Act creates a protective 
        perimeter or buffer zone around an area designated as 
        wilderness by this Act.
          (2) Activities outside wilderness.--Nothing in this Act 
        precludes authorized activities conducted outside of the areas 
        designated as wilderness by this Act by cabin owners (or their 
        designees) in the Mineral King Valley area, or the property 
        owners (or their designees) or lessees in the Silver City 
        private inholding (as identified on the map titled ``John Krebs 
        Wilderness'' and dated March 10, 2008).
  (e) Horseback Riding.--Nothing in this Act precludes horseback riding 
in, or the entry of recreational or commercial saddle or pack stock 
into, an area designated as wilderness by this Act.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

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

                          PURPOSE OF THE BILL

    The purpose of H.R. 3022 is to designate the John Krebs 
Wilderness in the State of California, to add certain land to 
the Sequoia-Kings Canyon National Park Wilderness, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3022 designates 69,500 acres of public land in the 
Sequoia and Kings Canyon National Parks as the John Krebs 
Wilderness and 130 acres of potential wilderness. John Krebs is 
a former Member of Congress (from 1975-1979) who championed the 
inclusion of the Mineral King Valley within Sequoia and Kings 
Canyon National Parks in the 1970s. Four decades ago, the 
secluded valley of Mineral King was the setting for a heated 
debate when the Walt Disney Company unveiled plans to build a 
huge ski resort in the area. John Krebs was instrumental in 
helping protect the area from development. Mineral King was 
added to the Sequoia and Kings Canyon National Parks in 1978.
    H.R. 3022 also adds 45,186 acres of land in the Sequoia and 
Kings Canyon National Parks to the existing Sequoia-Kings 
Canyon Wilderness. The Sequoia-Kings Canyon Wilderness was 
designated by Congress in 1984 as a part of the California 
Wilderness Act of 1984 (P.L. 98-425). The California Wilderness 
Act designated approximately 723,000 acres of wilderness in the 
Sequoia and Kings Canyon National Parks--about 84 percent of 
the land base--as the Sequoia-Kings Canyon Wilderness. H.R. 
3022 would designate virtually all the remaining land in the 
Sequoia and Kings Canyon National Parks as wilderness. Coupled 
with the existing wilderness areas in the parks, H.R. 3022 
would expand the wilderness to about 97 percent of the land 
base in the two national parks.
    The wilderness areas designated by this Act include some 
spectacular areas within the Sequoia and Kings Canyon National 
Parks. The Redwood Canyon area contains the Redwood Mountain 
Grove, the largest stand of Giant Sequoia within the parks. The 
Redwood Canyon area also includes more than 75 known caves, 
including the longest cave in California with over 21 miles of 
surveyed passage. The Hockett Plateau includes vast rolling 
forests of lodgepole pine surrounding spectacular subalpine 
meadows. The area is a favorite destination for equestrians, 
backpackers, and anglers. The Mineral King area contains one of 
the most significant alpine karst regions in the United States, 
including rich marble geologic formations with more than 70 
known caves and at least 17 invertebrate cave species present 
only in these parks. The North Fork Kaweah area contains foot 
hill oak woodland, chaparral, and low-elevation hardwood and 
conifer types. The Kaweah River is an exemplary foothill river 
with beautiful pools and riparian borders, and is rich in 
wildlife including western pond turtle, bear, and mountain 
lion.

                            COMMITTEE ACTION

    H.R. 3022 was introduced on July 12, 2007 by Representative 
Jim Costa (D-CA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on National Parks, Forests, and Public Lands. On October 30, 
2007, the Subcommittee held a legislative hearing on the bill.
    On May 14, 2008, the Subcommittee was discharged from 
further consideration of the legislation and the Full Natural 
Resources Committee met to consider the bill. Representative 
Jim Costa (D-CA) offered an amendment in the nature of a 
substitute to make changes suggested by the National Park 
Service including: designation of the acreage containing small 
check dams as potential wilderness; requiring the Secretary to 
continue to manage maintenance and access to hydrologic, 
meteorologic, and climatological devices, facilities and 
associated equipment consistent with House Report 98-40 (from 
the California Wilderness Act of 1984); and changing the buffer 
zone language in Section 4(d)(2) to state that nothing in H.R. 
3022 shall preclude authorized activities occurring outside of 
the areas designed as wilderness by H.R. 3022 by cabin owners 
in the Mineral King Area, or the property owners or lessees in 
the Silver City private inholding. The amendment in the nature 
of a substitute was adopted by voice vote. The bill as amended 
was then ordered favorably reported to the House of 
Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that the bill may be cited as the 
``Sequoia and Kings Canyon National Parks Wilderness Act of 
2008''.

Section 2. Definitions

    Section 2 defines the term ``Secretary'' as the Secretary 
of the Interior, and the term ``State'' as the State of 
California.

Section 3. Designation of wilderness areas

    Section 3 states that in accordance with the Wilderness Act 
(16 U.S.C. 1131 et seq.), the wilderness areas in this Act are 
designated as components of the National Wilderness 
Preservation System.
    Section 3(1)(A) designates 69,500 acres and 130 acres of 
potential wilderness additions as the ``John Krebs 
Wilderness.''
    Section 3(1)(B) states that the designation of the 
wilderness under subparagraph (A) does not preclude operation 
and maintenance of the existing Hockett Meadow Cabin and Quinn 
Patrol Cabin in the same manner and degree in which the cabins 
were operated and maintained on the day before the date of 
enactment of this Act.
    Section 3(1)(C) specifies that nothing in this paragraph 
affects the cabins in and adjacent to the Mineral King Valley; 
or the private inholdings known as ``Silver City'' and ``Kaweah 
Han''.
    Section 3(1)(D) states that the designation of the 
potential wilderness additions under subparagraph (A) shall not 
prohibit the operation, maintenance, and repair of the small 
check dams and water impoundments on Lower Franklin Lake, 
Crystal Lake, Upper Monarch Lake, and Eagle Lake. The Section 
also authorizes the Secretary to allow the use of helicopters 
for the operation, maintenance, and repair of these small check 
dams. Furthermore, the Section states that the potential 
wilderness additions shall be incorporated into the John Krebs 
Wilderness established by this Act upon termination of the non-
conforming uses.
    The Committee understands that helicopter use is currently 
authorized for the operation, maintenance and repair of these 
small check dams, when conditions warrant, as a means of access 
for inspection and maintenance of hydrometeorological 
facilities, pursuant to the minimum requirement provision of 
the Wilderness Act (16 U.S.C. 1131 et seq.) and also pursuant 
to language in House Report 98-40. The Committee expects that 
helicopter use in the wilderness and potential wilderness areas 
designated by this Act shall be managed accordingly.
    Section 3(2) adds approximately 45,186 acres to the 
existing Sequoia-Kings Canyon Wilderness.

Section 4. Administration of wilderness areas

    Section 4(a) states that subject to valid existing rights, 
each area designated as wilderness by this Act shall be 
administered by the Secretary in accordance with the Wilderness 
Act (16 U.S.C. 1131 et seq.).
    Section 4(b) states that as soon as practicable, but not 
later than 3 years after the date of enactment of this Act, the 
Secretary shall file a map and legal description of each area 
designated as wilderness by this Act and identifies other 
standards for the map and legal description.
    Section 4(c) directs the Secretary to continue to manage 
maintenance and access to hydrologic, meteorologic, and 
climatological devices, facilities, and associated equipment 
consistent with House Report 98-40.
    Section 4(d)(1) states that nothing in this Act creates a 
protective perimeter or buffer zone around an area designated 
as wilderness by this Act.
    Section 4(d)(2) states that nothing in this Act precludes 
authorized activities conducted outside of the areas designated 
as wilderness by this Act by the cabin owners (or their 
designees) in the Mineral King valley area, or the property 
owners (or their designees) or lessees in the Silver City 
private inholding.
    Section 4(e) states that nothing in this Act precludes 
horseback riding in, or the entry of recreational or commercial 
saddle or pack stock into, an area designated as wilderness by 
this Act.
    While horseback riding and pack and saddle stock are 
authorized uses within the Sequoia and Kings Canyon National 
Parks, the Secretary has the authority to manage such uses in 
accordance with laws applicable to the park, and consistent 
with park planning documents. The use of pack and saddle stock 
is an appropriate and historically accepted recreational 
activity, as documented in the 2006 General Management Plan for 
the parks. The Secretary may authorize horseback riding in, or 
the entry of recreational or commercial saddle or pack stock 
into, an area designated as wilderness by this Act. The 
Committee intends that any decision made to authorize these 
activities shall be consistent with the statutory authority 
under which Sequoia and Kings Canyon National Parks were 
created, and the Wilderness Act, including section 4(d)(5) 
related to commercial services. Any authorization of these 
activities shall be subject to conditions and restrictions 
deemed necessary to protect park resources and wilderness 
values.

Section 5. Authorizations of appropriations

    Section 5 authorizes such sums as are necessary to carry 
out this Act.

            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 Natural 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 grants 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. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to designate the John Krebs 
Wilderness in the State of California, to add certain land to 
the Sequoia-Kings Canyon National Park Wilderness, and for 
other purposes.
    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:

H.R. 3022--Sequoia and Kings Canyon National Parks Wilderness Act of 
        2008

    H.R. 3022 would designate nearly 115,000 acres within the 
Sequoia National Park and the Kings Canyon National Park in 
California as either wilderness or proposed wilderness. Based 
on information provided by the National Park Service (NPS), CBO 
estimates that enacting H.R. 3022 would have no significant 
effect on the federal budget. The acreage to be added to the 
National Wilderness Preservation System is currently managed as 
wilderness by the NPS. We expect that any costs to revise NPS 
brochures, maps, and signs to reflect the new designations 
would be minimal because most such revisions would take place 
in conjunction with scheduled reprinting and routine 
maintenance.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 3022 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

                        CHANGES IN EXISTING LAW

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

                                  
