[House Report 110-756]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-756
======================================================================
 
 TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO ALLOW STOCKING FISH IN 
 CERTAIN LAKES IN THE NORTH CASCADES NATIONAL PARK, ROSS LAKE NATIONAL 
       RECREATION AREA, AND LAKE CHELAN NATIONAL RECREATION AREA

                                _______
                                

 July 14, 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. 3227]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3227) to direct the Secretary of the Interior to 
continue stocking fish in certain lakes in the North Cascades 
National Park, Ross Lake National Recreation Area, and Lake 
Chelan National Recreation Area, having considered the same, 
report favorably thereon with amendments and recommend that the 
bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. PURPOSE.

  The purpose of this Act is to authorize the National Park Service to 
allow the stocking of fish in certain lakes under certain conditions in 
the North Cascades National Park, Ross Lake National Recreation Area, 
and Lake Chelan National Recreation Area.

SEC. 2. STOCKING OF CERTAIN LAKES IN NORTH CASCADES NATIONAL PARK, ROSS 
                    LAKE NATIONAL RECREATION AREA, AND LAKE CHELAN 
                    NATIONAL RECREATION AREA.

  (a) In General.--The Secretary of the Interior, acting through the 
Director of the National Park Service, may authorize the stocking of 
fish in lakes in the North Cascades National Park, Ross Lake National 
Recreation Area, and Lake Chelan National Recreation Area.
  (b) Conditions.--The following conditions shall apply to stocking of 
lakes under subsection (a):
          (1) The Secretary is authorized to allow stocking in up to, 
        but not to exceed, 42 lakes. The 42 lakes which may be stocked 
        are those lakes identified for potential stocking under 
        Alternative B of the 2005 North Cascades National Park Service 
        Complex Mountain Lakes Fishery Management Plan Draft.
          (2) The Secretary shall only stock fish that are--
                  (A) native to the slope of the Cascade Range on which 
                the lake to be stocked is located; and
                  (B) functionally sterile.
          (3) The Secretary is authorized to coordinate the stocking of 
        fish with the State of Washington.
  (c) Reports.--The Secretary shall continue a program of research and 
monitoring of the impacts of fish stocking on park resources and shall 
report the results of such research and monitoring to the appropriate 
committees of Congress every 5 years.

  Amend the title so as to read:

    A bill to authorize the Secretary of the Interior to allow stocking 
fish in certain lakes in the North Cascades National Park, Ross Lake 
National Recreation Area, and Lake Chelan National Recreation Area.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3227, as ordered reported, is to 
authorize the Secretary of the Interior to continue stocking 
fish in certain lakes in the North Cascades National Park, Ross 
Lake National Recreation Area, and Lake Chelan National 
Recreation Area.

                  BACKGROUND AND NEED FOR LEGISLATION

    The lakes of North Cascades National Park, Ross Lake 
National Recreation Area, and Lake Chelan National Recreation 
Area do not naturally include fish. Beginning in the late 
1800's, however, the lakes were stocked with fish, and 
beginning in the 1930's, the State of Washington began managing 
fish stocking in these lakes. The North Cascades National Park 
was designated in 1968 and the Steven T. Mather Wilderness Area 
within the Park was designated in 1988. Virtually all of the 
lakes in the Park are located within the Wilderness Area.
    The North Cascades National Park is currently working on 
the Mountain Lake Fisheries Management Plan Environmental 
Impact Statement, which will evaluate fish stocking in the 
park. It is expected to be finalized in late summer 2008. The 
Draft EIS (DEIS) states that, ``The minimum requirement 
analysis for fish stocking in the Stephen T. Mather Wilderness 
indicates that stocking is not necessary to meet the minimum 
requirements for administration of the area, and the Wilderness 
Act is unclear whether stocking is allowed in designated 
wilderness areas * * * the National Park Service (NPS) has 
determined that fish stocking in the Stephen T. Mather 
Wilderness would only be implemented if Congress granted the 
NPS the unambiguous legal authority to do so.''
    As reported, H.R. 3227 authorizes the Secretary to allow 
stocking in up to, but not to exceed, the 42 lakes which were 
identified for potential stocking under Alternative B of the 
Mountain Lakes Fishery Management Plan Draft.

                            COMMITTEE ACTION

    H.R. 3227 was introduced on July 30, 2007 by Representative 
Doc Hastings (R-WA). 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 April 24, 2008, 
the Subcommittee held a legislative hearing on the bill.
    On June 25, 2008, the Full Natural Resources Committee met 
to consider the bill. The Subcommittee was discharged from 
further consideration. Subcommittee Chairman Raul Grijalva (D-
AZ) offered an amendment in the nature of a substitute to make 
technical changes suggested in the Draft Environmental Impact 
Statement for the Mountain Lake Fishery Management Plan. It 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. Purpose

    Section 1 states that the purpose of this Act is to 
authorize the National Park Service to allow the stocking of 
fish in certain lakes under certain conditions in the North 
Cascades National Park, Ross Lake National Recreation Area, and 
Lake Chelan National Recreation Area.

Section 2. Stocking of certain lakes in North Cascades National Park, 
        Ross Lake National Recreation Area, and Lake Chelan National 
        Recreation Area.

    Section 2(a) states that the Secretary of the Interior may 
authorize the stocking of fish in lakes in the North Cascades 
National Park, Ross Lake National Recreation Area, and Lake 
Chelan National Recreation Area.
    Section 2(b)(1) states that the Secretary is authorized to 
allow stocking in up to, but not to exceed the 42 lakes which 
were identified for potential stocking under Alternative B of 
the 2005 North Cascades Mountain Lakes Fishery Management Plan 
Draft.
    Section 2(b)(2) states that the Secretary shall only stock 
fish that are native to the slope of the Cascade Range on which 
the lake to be stocked is located and functionally sterile.
    Section 2(b)(3) authorizes the Secretary to coordinate the 
stocking of fish with the State of Washington.
    Section 2(c) requires the Secretary of the Interior to 
continue a program of research and monitoring of the impacts of 
fish stocking on park resources and report the findings to 
Congress every 5 years.

            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 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 authorize the Secretary of the 
Interior to continue stocking fish in certain lakes in the 
North Cascades National Park, Ross Lake National Recreation 
Area, and Lake Chelan National Recreation Area.
    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. 3227--A bill to authorize the Secretary of the Interior to allow 
        stocking fish in certain lakes in the North Cascades National 
        Park, Ross Lake National Recreation Area, and Lake Chelan 
        National Recreation Area

    H.R. 3227 would authorize the National Park Service (NPS) 
to allow the stocking of fish in lakes in three units of the 
National Park System in Washington. Based on information 
provided by the NPS, CBO estimates that enacting H.R. 3227 
would have no effect on revenues or direct spending and no 
significant effect on discretionary spending. The expense of 
stocking fish would be borne by the state or other nonfederal 
entities, as it has been since the three park units were 
established.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. Any 
costs to state, local, or tribal governments would be incurred 
voluntarily.
    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. 3227 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.

                                  
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