[House Report 110-89]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-89
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WILD SKY WILDERNESS ACT OF 2007
_______
April 17, 2007.--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
together with
DISSENTING VIEWS
[To accompany H.R. 886]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 886) 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, report favorably thereon
without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 886 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, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The proposed Wild Sky Wilderness comprises approximately
106,000 acres and is located on the western slope of the
Cascade Range in the Skykomish River valley. The area is within
a few hours distance of half the population of Washington State
and would link with previously designated wilderness in the Mt.
Baker-Snoqualmie National Forest. The area offers an
outstanding representation of the original character of the
forested landscape, ranging from high alpine meadows and
extremely rugged peaks to low-elevation mature and old-growth
forests, including groves with some of the largest and most
spectacular trees in Washington. These diverse, thickly
forested mountain slopes and valleys harbor nearly the full
complement of wildlife and fish species found by early
settlers. Wild Sky is an ecologically and topographically
diverse wilderness area that is accessible all seasons of the
year. The wilderness will be available to a wide variety of
users, including hikers, anglers, hunters, horseback riders,
educational groups and others. The designation will also
preserve low-elevation wilderness, a feature currently lacking
in other designated wilderness in Washington State.
The proposed Wild Sky wilderness designation has
significant State and local support in Washington. In testimony
before the Subcommittee on Forests and Forest Health in 2004,
Department of Agriculture Under Secretary Mark Rey testified
that the Department does not oppose the designation of the Wild
Sky Wilderness as a component of the National Wilderness
System. Legislation similar to H.R. 886 was approved by the
Resources Committee in the 107th Congress. Similar legislation
has passed the Senate in the 107th, 108th and 109th Congresses.
COMMITTEE ACTION
H.R. 886 was introduced on February 7, 2007 by
Representative Rick Larson (D-WA). The bill was referred to the
Committee on Natural Resources. On March 7, 2007, the Full
Natural Resources Committee met to consider the bill. No
amendments were offered. The bill was ordered favorably
reported to the House of Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Provides that this Act may be cited as the ``Wild Sky
Wilderness Act of 2007''.
Section 2. Additions to the National Wilderness Preservation System
Designates approximately 106,000 acres of Federal land in
the Mt. Baker-Snoqualmie National Forest, as depicted on the
referenced map, as components of the National Wilderness
Preservation System. The legislation provides that the area
shall be known as the ``Wild Sky Wilderness''and directs that a
map and legal description be filed with Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives.
The Committee is aware that the Wild Sky Wilderness
designation would protect approximately 80,000 acres of old
growth and mature natural second growth forest, including
approximately 14,000 acres of rare low-elevation old growth.
The wilderness will directly protect more than 25 miles of
salmon and steelhead spawning streams and provides important
habitat for endangered and other sensitive species, as well as
maintaining numerous opportunities for primitive recreation.
There has been a tremendous outpouring of public support
for the designation of the Wild Sky Wilderness in the State of
Washington. The Committee has received numerous letters on this
matter and is aware that 252 elected officials, 170 businesses,
and 179 local stakeholders and organizations have endorsed the
wilderness designation of Wild Sky. A common thread in the
numerous letters the Committee has received on this matter is
the recognition that wild open spaces such as Wild Sky are
vital to the future of the local economy, the environment, and
the health and quality of life of the citizens of Washington
State. The Committee joins with the Department of Agriculture
in recognizing and commending the Washington delegation for its
collaborative approach and local involvement, which has
contributed to the bipartisan support there is for the measure.
Against this backdrop of wilderness values and public
support, there are some who would like to scale back this
wilderness proposal. The Committee did not make any changes to
the bill because it is satisfied that the proposal, as written,
meets the criteria for wilderness designation and is in the
public interest.
There are those who would wish to disqualify for
consideration as wilderness any land that has felt the imprint
of mankind's work. The phrase in the Wilderness Act regarding
wilderness being ``untrammeled by man'' does not mean untouched
by man. The definition of wilderness as contained in the
Wilderness Act is one of practical standards for the
suitability of wilderness lands. There has never been a purity
test for wilderness and the Committee does not intend to begin
one now. The standards found in the Wilderness Act have been
applied for more than 40 years and have lead to the development
of a wilderness preservation system that is the envy of the
world. The Committee believes that Wild Sky is an appropriate
and welcome addition to this world-class system.
Section 3. Administration provisions
Requires the Secretary of Agriculture (``Secretary'') to
manage the lands designated wilderness in accordance with the
Wilderness Act (16 U.S.C. 11331 et seq.). The Secretary is also
directed to develop a system of hiking and equestrian trails in
the wilderness in a manner consistent with the Wilderness Act.
The use of helicopters to construct and maintain a joint
telecommunications repeater site is also authorized, as well as
the use of float planes on Lake Isabel as provided by section
4(d)(1) of the Wilderness Act. Further, the continued use and
maintenance of the existing Evergreen Mountain Lookout is
authorized.
Section 4. Authorization for land acquisition
Authorizes the Secretary to acquire the ``Priority
Acquisition Lands'' as identified on the map and to adjust the
boundaries of the Wild Sky Wilderness to encompass such
acquisitions. The Secretary is to provide access to private
inholdings in a manner consistent with Section 5(a) of the
Wilderness Act. Further, appraisals of private land are to be
determined without reference to any restrictions on access and
use arising from the designation of the area as wilderness.
Section 5. Land exchanges
Provides for an exchange of lands and interests in land
between the Secretary and the Chelan County Public Utility
District.
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 designate the Wild Sky Wilderness
in the State of Washington.
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. 886--Wild Sky Wilderness Act of 2007
Summary: H.R. 886 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, H.R. 886
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 H.R. 886 would cost $19
million over the 2008-2012 period, assuming appropriation of
the necessary amounts. Enacting this legislation could affect
offsetting receipts and direct spending, but we estimate that
any such effects would be negligible. Enacting the bill would
not affect revenues.
H.R. 886 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 H.R. 886 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--
---------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level... 7 5 5 1 1
Estimated Outlays............... 7 5 5 1 1
------------------------------------------------------------------------
Basis of estimate: CBO estimates that implementing H.R. 886
would cost $19 million over the 2008-2012 period, assuming
appropriation of the necessary amounts. We estimate that any
forgone offsetting receipts (a credit against direct spending)
from enacting this legislation would be negligible.
Furthermore, any such changes would be offset by lowered direct
spending. For this estimate, CBO assumes that the bill will be
enacted before the start of fiscal year 2008 and that the
amounts estimated to be necessary will be appropriated near the
start of each fiscal year. 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 2008-2010 period to remove roads that
currently exist within the proposed wilderness; $4 million over
the 2008-2010 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 if, under current law, those lands
would generate income from activities such as timber harvesting
and mining. According to the Forest Service, those lands
currently generate no significant receipts but do contain
timber valued at $6 million that may be harvested in the
future. Such sales proceeds can be spent by the Forest Service
without further appropriation. Thus, CBO estimates that any net
budgetary impact from enacting this legislation would be
negligible.
Intergovernmental and private-sector impact: H.R. 886
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: Tyler Kruzich; Impact
on State, Local, and Tribal Governments: Marjorie Miller;
Impact on the Private-Sector: Tyler Kruzich.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 886 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.
DISSENTING VIEWS
We oppose H.R. 886, the proposed Wild Sky Wilderness area
located in the Mt. Baker-Snoqualmie National Forest. Presently,
almost 42 percent of the forest is congressionally designated
Wilderness. Moreover, during the last U.S. Forest Service
wilderness evaluation in 1990, approximately 33,000 acres of
the proposed 106,000 acres was identified as suitable for
wilderness. In 2003, however, the U.S. Forest Service testified
that 90,000 acres of the proposed area would be appropriate for
wilderness. It also concluded that 16,000 acres were not well-
suited for wilderness because it included previously harvested
and roaded areas, private land (some with patented mining
claims that would be acquired by the Forest Service under HR
886), and vital access roads.
We have several concerns with this legislation and the
following remarks highlight the most prominent among them.
First, there is a lack of demonstrated widespread local
support. While the sponsors of the legislation in both Houses
claim broad public support, during the 109th Congress the
Committee received over 200 letters of concern from local
officials and community members near Wild Sky. The Committee at
that time had also seen a copy of a petition against Wild Sky
with close to 2,000 signatures from people living in the
affected communities. Due to the restrictions of designated
wilderness there are wildfire, land slide, and flood protection
measures that would no longer be available to at-risk
communities.
Second, the sponsors also have claimed the bill would
provide adequate recreational access to the area by maintaining
and building new trails. However, the Forest Service has stated
that under current management practices and due to ESA and late
successional reserve (LSR) requirements it is likely no new
trails would be constructed. Additionally, the Forest Service
reported that of the visits to the Mt. Baker-Snoqualmie
National Forest, only 13 percent of visits were to the
wilderness--even though the area is only one hour away from
half the population in Washington State.
Finally, HR 886 would remove 14 percent of the lands
identified for timber harvest (known as ``matrix'' lands) in
the proposed 106,000 acres and designate them as wilderness.
These land allocations were negotiated in good-faith and should
be maintained. Such a change would require an amendment to the
forest plan and would also reduce the annual allowable cut.
We would like to commend Rep. Larsen for only proposing
wilderness in his district and for transparency and community
involvement he has shown during this process. However, we
cannot support HR 886 with the inclusion of thousands of acres
that are not suitable for wilderness designation.
Don Young.
Stevan Pearce.
Henry Brown.
Rob Bishop.
Doug Lamborn.
John Duncan, Jr.