[Senate Report 110-121]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 255
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-121

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



 
                    WILD SKY WILDERNESS ACT OF 2007

                                _______
                                

                 June 28, 2007.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 886]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (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, 
reports favorably thereon without amendment and recommends that 
the Act do pass.

                         PURPOSE OF THE MEASURE

    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 
in the Mt. Baker-Snoqualmie National Forest.

                          BACKGROUND AND NEED

    H.R. 886 designates approximately 106,000 acres of National 
Forest lands in the Mt. Baker-Snoqualmie National Forest in 
Washington State as the Wild Sky Wilderness. 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 wilderness 
areas in the Cascade Range.
    Designation of the Wild Sky Wilderness will also place 
forest 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. Included within the Wild Sky 
Wilderness are large Douglas Fir and Cedar trees. The North 
Fork Skykomish River and its tributaries provide important 
habitat for salmon and steelhead and surrounding forest 
contains a wide variety of wildlife, including spotted owls, 
pileated woodpeckers, bald eagles, pine martens, deer, and 
cougars.

                          LEGISLATIVE HISTORY

    H.R. 886, sponsored by Representative Larsen, passed the 
House of Representatives by a voice vote on April 17, 2007. 
Senators Murray and Cantwell introduced a companion measure, S. 
520, on February 7, 2007.
    During the 109th Congress, Senators Murray and Cantwell 
introduced a similar bill, S. 152. The Committee on Energy and 
Natural Resources ordered S. 152 favorably reported, with 
amendments on March 10, 2005 (S. Rept. 109-28). S. 152 passed 
the Senate by unanimous consent on July 26, 2005. No further 
action occurred in the House of Representatives on either S. 
152, or the House companion measure, H.R. 851, sponsored by 
Representative Larsen.
    Senators Murray and Cantwell also introduced a Wild Sky 
Wilderness bill in the 108th Congress, S. 391. The Subcommittee 
on Public Lands and Forests held a hearing on S. 391 on June 4, 
2003 (S. Hrg. 108-68). The bill was favorably reported by the 
Committee on Energy and Natural Resources, with amendments on 
July 23, 2003 (S. Rept. 108-131). S. 391 passed the Senate by 
unanimous consent on November 24, 2003.
    The Committee first considered the Wild Sky Wilderness 
proposal in the 107th Congress, when Senators Murray and 
Cantwell introduced S. 2565. The Subcommittee on Public Lands 
and Forests held a hearing on S. 2565 on July 30, 2002 (S. Hrg. 
107-846). The Committee ordered the bill favorably reported on 
October 8, 2002 (without written report). The text of the bill 
passed the Senate on November 20, 2002, as Title V of S. 2222, 
the Cape Fox Land Entitlement Adjustment Act of 2002.
    At its business meeting on May 23, 2007, the Committee on 
Energy and Natural Resources ordered H.R. 886 favorably 
reported, without amendment.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on May 23, 2007, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass H.R. 
886.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Wild Sky 
Wilderness Act of 2007.''
    Section 2(a) designates approximately 106,000 acres of 
National Forest lands in the State of Washington as wilderness, 
as depicted on the referenced map.
    Subsection (b) directs the Secretary of Agriculture to file 
a map and legal description of the wilderness area as soon as 
practicable after the date of enactment with the Committee on 
Energy and Natural Resources and the House Committee on Natural 
Resources. The map and legal description are also required to 
be available for public inspection in office of the Chief of 
the Forest Service.
    Section 3(a) provides that the lands designated as 
wilderness under this Act shall be managed by the Secretary of 
Agriculture in accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), subject to valid existing rights. The subsection 
authorizes the Secretary of Agriculture to manage the Wild Sky 
Wilderness as a comprehensive part of the larger complex of 
adjacent and nearby wilderness.
    Subsection (b) directs the Secretary to consult with 
interested parties and to establish a trail plan for Forest 
Service lands in order to develop a system of hiking and 
equestrian trails within the Wild Sky Wilderness in a manner 
consistent with the Wilderness Act, and to develop a system of 
trails adjacent to or to provide access to the Wild Sky 
Wilderness.
    Subsection (c) authorizes the Secretary of Agriculture to 
use helicopter access to construct and maintain a joint Forest 
Service and Snohomish County telecommunications repeater site, 
in compliance with a Forest Service approved communications 
site plan.
    Subsection (d) restates a provision in section 4(d)(1) of 
the Wilderness Act (16 U.S.C. 1131(d)(1)) that allows for the 
continued use of float planes within wilderness areas, where 
such use has already become established. Within the Wild Sky 
Wilderness, the specific site referenced in the subsection for 
continued float plane access is Lake Isabel.
    Subsection (e) clarifies that the designation of the Wild 
Sky Wilderness shall not preclude the operation of the existing 
Evergreen Mountain Lookout in the same manner and degree in 
which the operation and maintenance of the lookout was 
occurring as of the date of enactment.
    Section 4(a) authorizes the Secretary of Agriculture to 
acquire lands and interests therein by purchase, donation, or 
exchange, with priority consideration for acquiring lands 
identified as such on the official map. The boundaries of the 
National Forest and the wilderness area are to be modified to 
reflect the inclusion of any acquired lands.
    Subsection (b) directs the Secretary of Agriculture to 
ensure adequate access to inholdings within the Wild Sky 
Wilderness, consistent with section 5(a) of the Wilderness Act 
(16 U.S.C. 1134(a)).
    Subsection (c) provides that valuation of lands acquired 
under this Act shall be determined without reference to any 
restrictions on access or use which arise out of designation of 
the wilderness under this Act.
    Section 5 directs the Secretary of Agriculture to enter 
into a land exchange with the Chelan County Public Utility 
District as depicted on the referenced map, and sets out the 
procedures and requirements for the exchange. Under the 
exchange, the Utility District would convey approximately 372 
acres of lands to the Forest Service within the Mt. Baker-
Snoqualmie National Forest in exchange for a permanent 
easement, including helicopter access, consistent with use 
levels as of the date of enactment, to maintain an existing 
telemetry site to monitor snow pack on 1.82 acres on the 
Wenatchee National Forest.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 30, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 886, the Wild Sky 
Wilderness Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Tyler 
Kruzich.
            Sincerely,
                                         Peter R. Orszag, Director.
    Enclosure.

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 act 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 legislation 
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 legislation 
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.
    Previous estimate: On March 28, 2007, CBO transmitted a 
cost estimate for H.R. 886 as ordered reported by the House 
Committee on Natural Resources on March 7, 2007. The versions 
of the legislation are identical, as are the CBO cost 
estimates.
    Estimate prepared by: Federal Costs: Tyler Kruzich; Impact 
on State, Local, and Tribal Governments: Marjorie Miller; 
Impact on the Private-Sector: Amy Petz.
    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 H.R. 886. The Act 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 H.R. 886, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    Because H.R. 886 is similar to legislation considered by 
the Committee in the 109th, 108th, and 107th Congresses, the 
Committee did not request Executive Agency views. The testimony 
provided by the Department of Agriculture at the Subcommittee 
hearing on S. 391 in the 108th Congress follows:

Statement of Mark Rey, Under Secretary, Department of Agriculture

           *       *       *       *       *       *       *


    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you today. I am Mark Rey, 
Natural Resources and Environment Under Secretary for the 
United States Department of Agriculture. I am here today to 
provide the Administration's comments on S. 391--Wild Sky 
Wilderness Act of 2003 and S. 1003--Outfitter Hunting Camps on 
the Salmon River.
S. 391--The Wild Sky Wilderness Act of 2003
    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 the 1964 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.

           *       *       *       *       *       *       *

    This concludes my statement. I would be happy to answer 
your questions.


                        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 Act H.R. 886, as 
ordered reported.



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