[House Report 110-89]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     110-89

======================================================================
 
                    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.

                                  
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