[Senate Report 110-357]
[From the U.S. Government Publishing Office]
Calendar No. 789
110th Congress Report
SENATE
2d Session 110-357
======================================================================
SNAKE HEADWATERS LEGACY ACT OF 2007
_______
June 16, 2008.--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 S. 1281]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1281) to amend the Wild and Scenic Rivers
Act to designate certain rivers and streams of the headwaters
of the Snake River System as additions to the National Wild and
Scenic Rivers System, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Craig Thomas Snake Headwaters Legacy
Act of 2008''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the headwaters of the Snake River System in northwest
Wyoming feature some of the cleanest sources of freshwater,
healthiest native trout fisheries, and most intact rivers and
streams in the lower 48 States;
(2) the rivers and streams of the headwaters of the Snake
River System--
(A) provide unparalleled fishing, hunting, boating,
and other recreational activities for--
(i) local residents; and
(ii) millions of visitors from around the
world; and
(B) are national treasures;
(3) each year, recreational activities on the rivers and
streams of the headwaters of the Snake River System generate
millions of dollars for the economies of--
(A) Teton County, Wyoming; and
(B) Lincoln County, Wyoming;
(4) to ensure that future generations of citizens of the
United States enjoy the benefits of the rivers and streams of
the headwaters of the Snake River System, Congress should apply
the protections provided by the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.) to those rivers and streams; and
(5) the designation of the rivers and streams of the
headwaters of the Snake River System under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) will signify to the
citizens of the United States the importance of maintaining the
outstanding and remarkable qualities of the Snake River System
while--
(A) preserving public access to those rivers and
streams;
(B) respecting private property rights (including
existing water rights); and
(C) continuing to allow historic uses of the rivers
and streams.
(b) Purposes.--The purposes of this Act are--
(1) to protect for current and future generations of citizens
of the United States the outstandingly remarkable scenic,
natural, wildlife, fishery, recreational, scientific, historic,
and ecological values of the rivers and streams of the
headwaters of the Snake River System, while continuing to
deliver water and operate and maintain valuable irrigation
water infrastructure; and
(2) to designate approximately 387.7 miles of the rivers and
streams of the headwaters of the Snake River System as
additions to the National Wild and Scenic Rivers System.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through the
Chief of the Forest Service), with respect to each
river segment described in paragraph (170) of section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as added by section 4(4)) that is not located
in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial
Parkway; or
(iv) the National Elk Refuge; and
(B) the Secretary of the Interior, with respect to
each river segment described in paragraph (170) of
section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by section 4(4)) that is
located in--
(i) Grand Teton National Park;
(ii) Yellowstone National Park;
(iii) the John D. Rockefeller, Jr. Memorial
Parkway; or
(iv) the National Elk Refuge.
(2) State.--The term ``State'' means the State of Wyoming.
SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, SNAKE RIVER SYSTEM.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended--
(1) by redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to the
White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to the
Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
``(170) Wild and scenic river designations, snake river
system.--The following segments of the Snake River System, in
the State of Wyoming:
``(A) Bailey creek.--The 7-mile segment of Bailey
Creek, from the divide with the Little Greys River
north to its confluence with the Snake River, as a wild
river.
``(B) Blackrock creek.--The 22-mile segment from its
source to the Bridger-Teton National Forest boundary,
as a scenic river.
``(C) Buffalo fork of the snake river.--The portions
of the Buffalo Fork of the Snake River, consisting of--
``(i) the 55-mile segment consisting of the
North Fork, the Soda Fork, and the South Fork,
upstream from Turpin Meadows, as a wild river;
``(ii) the 14-mile segment from Turpin
Meadows to the upstream boundary of Grand Teton
National Park, as a scenic river; and
``(iii) the 7.7-mile segment from the
upstream boundary of Grand Teton National Park
to its confluence with the Snake River, as a
scenic river.
``(D) Crystal creek.--The portions of Crystal Creek,
consisting of--
``(i) the 14-mile segment from its source to
the Gros Ventre Wilderness boundary, as a wild
river; and
``(ii) the 5-mile segment from the Gros
Ventre Wilderness boundary to its confluence
with the Gros Ventre River, as a scenic river.
``(E) Granite creek.--The portions of Granite Creek,
consisting of--
``(i) the 12-mile segment from its source to
the end of Granite Creek Road, as a wild river;
and
``(ii) the 9.5-mile segment from Granite Hot
Springs to the point 1 mile upstream from its
confluence with the Hoback River, as a scenic
river.
``(F) Gros ventre river.--The portions of the Gros
Ventre River, consisting of--
``(i) the 16.5-mile segment from its source
to Darwin Ranch, as a wild river;
``(ii) the 39-mile segment from Darwin Ranch
to the upstream boundary of Grand Teton
National Park, excluding the section along
Lower Slide Lake, as a scenic river; and
``(iii) the 3.3-mile segment flowing across
the southern boundary of Grand Teton National
Park to the Highlands Drive Loop Bridge, as a
scenic river.
``(G) Hoback river.--The 10-mile segment from the
point 10 miles upstream from its confluence with the
Snake River to its confluence with the Snake River, as
a recreational river.
``(H) Lewis river.--The portions of the Lewis River,
consisting of--
``(i) the 5-mile segment from Shoshone Lake
to Lewis Lake, as a wild river; and
``(ii) the 12-mile segment from the outlet of
Lewis Lake to its confluence with the Snake
River, as a scenic river.
``(I) Pacific creek.--The portions of Pacific Creek,
consisting of--
``(i) the 22.5-mile segment from its source
to the Teton Wilderness boundary, as a wild
river; and
``(ii) the 11-mile segment from the
Wilderness boundary to its confluence with the
Snake River, as a scenic river.
``(J) Shoal creek.--The 8-mile segment from its
source to the point 8 miles downstream from its source,
as a wild river.
``(K) Snake river.--The portions of the Snake River,
consisting of--
``(i) the 47-mile segment from its source to
Jackson Lake, as a wild river;
``(ii) the 24.8-mile segment from 1 mile
downstream of Jackson Lake Dam to 1 mile
downstream of the Teton Park Road bridge at
Moose, Wyoming, as a scenic river; and
``(iii) the 19-mile segment from the mouth of
the Hoback River to the point 1 mile upstream
from the Highway 89 bridge at Alpine Junction,
as a recreational river, the boundary of the
western edge of the corridor for the portion of
the segment extending from the point 3.3 miles
downstream of the mouth of the Hoback River to
the point 4 miles downstream of the mouth of
the Hoback River being the ordinary high water
mark.
``(L) Willow creek.--The 16.2-mile segment from the
point 16.2 miles upstream from its confluence with the
Hoback River to its confluence with the Hoback River,
as a wild river.
``(M) Wolf creek.--The 7-mile segment from its source
to its confluence with the Snake River, as a wild
river.''.
SEC. 5. MANAGEMENT.
(a) In General.--Each river segment described in paragraph (170) of
section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
added by section 4(4)) shall be managed by the Secretary concerned.
(b) Management Plan.--
(1) In general.--In accordance with paragraph (2), not later
than 3 years after the date of enactment of this Act, the
Secretary concerned shall develop a management plan for each
river segment described in paragraph (170) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
section 4(4)) that is located in an area under the jurisdiction
of the Secretary concerned.
(2) Required component.--Each management plan developed by
the Secretary concerned under paragraph (1) shall contain, with
respect to the river segment that is the subject of the plan, a
section that contains an analysis and description of the
availability and compatibility of future development with the
wild and scenic character of the river segment (with particular
emphasis on each river segment that contains 1 or more parcels
of private land).
(c) Quantification of Water Rights Reserved by River Segments.--
(1) The Secretary concerned shall apply for the
quantification of the water rights reserved by each river
segment designated by this Act in accordance with the
procedural requirements of the laws of the State of Wyoming.
(2) For the purpose of the quantification of water rights
under this subsection, with respect to each Wild and Scenic
River segment designated by this Act--
(A) the purposes for which the segments are
designated, as set forth in this Act, are declared to
be beneficial uses; and
(B) the priority date of such right shall be the date
of enactment of this Act.
(d) Stream Gauges.--Consistent with the Wild and Scenic Rivers Act
(16 U.S.C. 1271 et seq.), the Secretary may carry out activities at
United States Geological Survey stream gauges that are located on the
Snake River (including tributaries of the Snake River), including flow
measurements and operation, maintenance, and replacement.
(e) Consent of Property Owner.--No property or interest in property
located within the boundaries of any river segment described in
paragraph (170) of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) (as added by section 4(4)) may be acquired by the
Secretary without the consent of the owner of the property or interest
in property.
(f) Effect of Designations.--
(1) In general.--Nothing in this Act affects valid existing
rights, including--
(A) all interstate water compacts in existence on the
date of enactment of this Act (including full
development of any apportionment made in accordance
with the compacts);
(B) water rights in the States of Idaho and Wyoming;
and
(C) water rights held by the United States.
(2) Jackson lake; jackson lake dam.--Nothing in this Act
shall affect the management and operation of Jackson Lake or
Jackson Lake Dam.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
Purpose
The purpose of S. 1281, as ordered reported, is to
designate approximately 388 miles of the Snake River headwaters
and its tributaries in Wyoming as components of the National
Wild and Scenic Rivers System, to be administered by the
Secretary of the Interior and the Secretary of Agriculture as
wild, scenic, or recreational rivers.
Background and Need
The Snake River headwaters drain much of the spectacular
country surrounding Jackson Hole, Wyoming, and include the
Snake, Lewis, Buffalo Fork, Gros Ventre, Hoback, Greys, and
Salt rivers. The Snake headwaters harbor a wide array of bird
and wildlife populations. The cottonwood forests along the
Snake River provide some of the most productive bald eagle and
osprey nesting habitat in the Rocky Mountains. In all, 150 bird
species can be found along this reach of the Snake. Among the
many mammal species that abound here are moose, elk, deer,
grizzly bears, wolves, mink, and Wyoming's largest population
of river otters.
The Snake headwaters also provide outstanding recreational
opportunities. The river is popular for boating and whitewater
rafting and the river is one of the most popular freshwater
fishing locations in the country. The Snake River and its
tributaries provide one of the last remaining native cutthroat
trout strongholds in the lower 48 states.
In all, 41 segments of 24 individual rivers and streams
have been found eligible by the National Park Service and
Forest Service for Wild and Scenic River designation. The vast
majority of these river miles are located on public lands on
the Bridger-Teton National Forest, and to a lesser extent, in
Yellowstone and Grand Teton national parks. S. 1281 would
designate many of these eligible rivers as components of the
National Wild and Scenic Rivers System.
S. 1281 was sponsored by Senator Craig Thomas, who
represented Wyoming in the Senate from 1995 until his death in
2007, and who served for many years as the Chairman of the
Subcommittee on National Parks. As ordered reported, S. 1281
has been designated as the ``Craig Thomas Snake Headwaters
Legacy Act of 2008'' in honor of Senator Thomas and in
recognition of his efforts to protect the Snake River and other
important lands in Wyoming.
Legislative History
S. 1281 was introduced by Senator Thomas on May 3, 2007.
Senator Barrasso is a cosponsor. The Subcommittee on National
Parks held a hearing on the bill on May 15, 2007 (S. Hrg. 110-
104.) At its business meeting on May 7, 2008, the Committee on
Energy and Natural Resources ordered S. 1281 favorably
reported, with an amendment in the nature of a substitute.
Committee Recommendation and Tabulation of Votes
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass S. 1281, if amended as
described herein.
The Committee adopted a substitute amendment by a voice
vote. By a vote of 3-17, the Committee did not adopt an
amendment offered by Senator Craig to remove two segments of
the Snake River from Wild and Scenic River designation. By a
vote of 10-12, the Committee did not adopt an amendment offered
by Senator Craig to prohibit flow restrictions from being
imposed on designated Snake River segments located downstream
of the Jackson Lake Dam.
Senator Corker offered a motion to table S. 1281, as
amended. The motion was not agreed to. The roll call vote on
the motion to table was 9 yeas, and 13 nays, as follows:
Yeas Nays
Mr. Domenici Mr. Bingaman
Mr. Craig Mr. Akaka\1\
Ms. Murkowski Mr. Dorgan\1\
Mr. Burr\1\ Mr. Wyden\1\
Mr. DeMint Mr. Johnson\1\
Mr. Corker Ms. Landrieu
Mr. Smith Ms. Cantwell
Mr. Bunning\1\ Mr. Salazar
Mr. Martinez\1\ Mr. Menendez
Mrs. Lincoln\1\
Mr. Sanders\1\
Mr. Tester
Mr. Barrasso
\1\Voted by proxy.
Committee Amendment
During its consideration of S. 1281, the Committee adopted
an amendment in the nature of a substitute. The amendment
modifies the findings section, deletes approximately 55 miles
of river segments from Wild and Scenic River designation, and
makes several clarifications to the management language for the
designated river segments, including language pertaining to
Federal reserved water rights. The amendment incorporates
additional savings language to clarify that private property
within the river segments may only be acquired with the consent
of the owner, and that nothing in this Act affects valid
existing rights, including interstate water compacts, water
rights in Wyoming and Idaho, and water rights held by the
United States. Further, the amendment clarifies that nothing in
this Act affects the management and operation of Jackson Lake
or Jackson Lake Dam. The amendment is explained in detail in
the section-by-section analysis, below.
Section-by-Section Analysis
Section 1 contains the short title, the ``Craig Thomas
Snake Headwaters Legacy Act of 2008''.
Section 2(a) contains Congressional findings.
Subsection (b) states the purposes of the Act are to
protect the outstandingly remarkable values of the designated
rivers and streams while continuing to deliver water and
operate and maintain valuable irrigation water infrastructure.
Section 3 defines key terms used in the Act.
Section 4 amends section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) to add approximately 387.7 miles of
river segments of the Snake River headwaters and tributaries in
Wyoming to the National Wild and Scenic Rivers System.
Section 5(a) provides that each river segment designated in
section 3 shall be managed by the Secretary of Agriculture or
the Secretary of the Interior, as appropriate.
Subsection (b) requires the appropriate Secretary to
prepare a management plan within three years after the date of
enactment of this Act for each designated river segment.
Subsection (c) directs the Secretary concerned to apply for
the quantification of the water rights reserved by each river
segment in accordance with the procedural requirements of the
laws of Wyoming. The purposes for which the segments are
designated are declared to be beneficial uses and the priority
date is the date of enactment of this Act.
Subsection (d) authorizes the Secretary to carry out
activities at U.S. Geological Survey stream gauges that are
located on the Snake River or its tributaries, consistent with
the Wild and Scenic Rivers Act.
Subsection (e) provides that no property or interest
therein within the boundaries of a designated river segment may
be acquired without the consent of the owner.
Subsection (f) clarifies that nothing in this Act affects
valid existing rights, including interstate water compacts in
existence as of the date of enactment (including full
development of any apportionment made in accordance with the
compacts), water rights in Idaho and Wyoming, and water rights
held by the United States. The subsection also provides that
nothing in this Act affects the management or operation of
Jackson Lake or Jackson Lake Dam.
Section 6 authorizes the appropriation of such sums as are
necessary to carry out this Act.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1281--Craig Thomas Snake Headwaters Legacy Act of 2008
S. 1281 would designate approximately 400 miles of river
segments in the Snake River system in the state of Wyoming as
wild or scenic rivers. The rivers would be managed by the
Department of Agriculture and the Department of the Interior.
Based on information from the affected agencies and
assuming the availability of appropriated funds, CBO estimates
that implementing the legislation would cost $2 million over
the next five years. The funds would be used to develop a
management plan for the wild and scenic river segments and to
manage the rivers thereafter. Enacting this legislation would
not affect direct spending or revenues.
S. 1281 contains no intergovernmental orprivate-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 Tyler Kruzich.
The estimate was approved by Theresa Gullo, 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 S. 1281. The bill 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 S. 1281, as ordered reported.
Congressionally Directed Spending
S. 1281, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined by rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Forest Service and the
National Park Service at the May 15, 2007, subcommittee hearing
on S. 1281 follows:
Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest
Service, Department of Agriculture
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to provide the views of the Department of
Agriculture on these bills: S. 1057, New River Wild and Scenic
River Act of 2007; S. 1281, Snake Headwaters Legacy Act of
2007; and H.R. 247, which designates a Forest Service trail in
the Willamette National Forest as a National Recreation Trail
in honor of Jim Weaver, a former member of the House of
Representatives.
s. 1057, new river wild and scenic river act of 2007
S. 1057, New River Wild and Scenic River Act of 2007,
amends section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) to designate a segment of the New River in the
States of Virginia and North Carolina as a component of the
National Wild and Scenic Rivers System. The segment to be
designated by S. 1057 is immediately downstream of the portion
of the New River added to the National Wild and Scenic Rivers
System by the Secretary of the Interior through Section
2(a)(ii) in 1976. It is located entirely off National Forest
System land, approximately 7 miles from the Jefferson National
Forest in Virginia and 40 miles north of the Pisgah National
Forest in North Carolina.
The Department does not support the designation of this
segment of the New River as a component of the Wild and Scenic
Rivers System without first reviewing or analyzing the river
segment to determine its eligibility and suitability for
designation. Accordingly, the Department does support the
designation of this segment as a study river under section 5(a)
of the Wild and Scenic Rivers Act. This study designation
affords the river protection from the adverse impacts of
federally assisted water resources projects and from the sale
of any federal lands within the one-half mile study river
corridor. It also requires the appropriate Secretary to provide
conditions to safeguard the area in any mineral leasing of
federal lands, and directs all federal agencies to protect
river values in actions they propose within or adjacent to the
study river corridor. These protections would remain in effect
for a three-year period following the transmittal of the final
study report from the President to the Congress, regardless of
the study's finding.
s. 1281, snake headwaters legacy act of 2007
S. 1281, Snake Headwaters Legacy Act of 2007, amends
section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) to designate segments of the Snake River system in the
State of Wyoming as components of the National Wild and Scenic
Rivers System.
The Department supports S. 1281 with several technical
corrections, and defers to the Department of the Interior in
regard to the portions of the bill that designate the segments
that flow through lands administered by the National Park
Service.
The Bridger-Teton National Forest contains the headwaters
of the Snake River; the majority of the tributaries to the
Snake River segment below Jackson Lake, Pacific Creek and
Buffalo Fork and its tributaries, and the entire Blackrock
Creek tributary; the majority of the Gros Ventre River and the
entirety of its Crystal Creek tributary; and, the two sections
of the Hoback River, and its principal tributaries, Granite,
Shoal, Cliff and Willow Creeks, and the Snake River from the
confluence of the Hoback River to Palisades Reservoir,
including Bailey and Wolf Creeks.
All of the river segments on National Forest System land
have been found to be eligible for inclusion in the National
Wild and Scenic Rivers System. These rivers are free-flowing
and provide outstanding scenery and recreational opportunities.
Many flow through important geologic areas and support diverse
populations of aquatic and wildlife species, including
Yellowstone native cutthroat trout and grizzly bear.
We recommend the definition of ``Secretary concerned'' in
section 3(1) and the requirement that each river segment be
managed by the Secretary concerned in section 5(a) be clarified
so that those proposed segments that form the boundary between
national park and national forest system lands are clearly
assigned to one or the other Secretary. In addition we
recommend that section 5(b) be eliminated, as the Wild and
Scenic Rivers Act includes direction to develop a comprehensive
management plan within three full fiscal years and specifies
its contents. We would be pleased to work with the Subcommittee
to address these and other technical corrections.
h.r. 247, designation of the ``jim weaver loop trail,'' willamette
national forest
H.R. 247 would designate a 19.6 mile trail known as Trail
3590, the Waldo Lake Loop, on the Willamette National Forest as
a national recreation trail in honor of Jim Weaver, former
member of the House of Representatives from Oregon. The trail
would be a component of the National Trails System and would be
renamed the ``Jim Weaver Loop Trail.'' The bill would also
authorize the Secretary of Agriculture to prepare, install, and
maintain an interpretive sign honoring the life and career of
Congressman Jim Weaver.
The Department supports enactment of this legislation to
honor former Representative Jim Weaver.
This concludes my prepared statement and I would be pleased
to answer any questions you may have.
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to appear before you today to present the views
of the Department of the Interior on S. 1281, a bill to amend
the Wild and Scenic Rivers Act by designating portions of the
Snake River System in Wyoming as a component of the National
Wild and Scenic Rivers System.
The Department supports the designation of the waters
included in S. 1281 that flow through lands administered by the
National Park Service (NPS). While we support the approach
taken by S. 1281 in protecting the watershed of the Snake River
headwaters, we defer to the Department of Agriculture in regard
to the portions of the bill that designate segments of rivers
that flow through lands administered by the U.S. Forest
Service. In addition, we suggest several technical amendments
which are described later in this testimony.
S. 1281 would designate the Lewis River in Yellowstone
National Park from Shoshone Lake to Lewis Lake as Wild, and
from Lewis Lake to its confluence with the Snake River as
Scenic. The Snake River, from its source in the Teton
Wilderness and then flowing through Yellowstone, the John D.
Rockefeller, Jr. Memorial Parkway, and Grand Teton National
Park, would be designated as Wild above Jackson Lake. From one
mile below the Jackson Lake Dam until leaving Grand Teton, the
Snake and its tributaries Pacific Creek, the Buffalo Fork, and
the Gros Ventre River would be designated as Scenic.
Efforts to designate the upper Snake River system as part
of the National Wild and Scenic River System have been led by
the Campaign for the Snake Headwaters, a grassroots effort led
by local citizens, businesses, anglers, boaters, and
conservationists.
The headwaters of the Snake River, which begin in the
Bridger-Teton National Forest then run through southern
Yellowstone National Park into the John D. Rockefeller, Jr.
Memorial Parkway and Grand Teton National Park in northwest
Wyoming, are some of the purest waters in the nation. The
headwaters are a stronghold for native cutthroat trout, harbor
a vast array of bird and wildlife populations, and the Snake
River and its tributaries provide diverse recreational
opportunities for visitors to, and residents of, the Greater
Yellowstone Ecosystem.
The Snake River above Jackson Lake was initially evaluated
for eligibility in the Wild and Scenic Rivers System in the
1980s. In 2005, NPS resource managers conducted an evaluation
of the Snake River below Jackson Lake, as well as major
tributaries within Grand Teton National Park, the Buffalo Fork,
Pacific Creek, and the Gros Ventre River. The evaluations were
made in coordination with the U.S. Forest Service, following
procedures they recommended and used to evaluate segments of
the waterways located on neighboring national forest lands. The
evaluations, in accordance with section 5(d)(1) of the Wild and
Scenic Rivers Act, document the outstanding recreational,
scenic, cultural, geological, and ecological values of the
upper Snake River system, which merit its inclusion in the Wild
and Scenic Rivers System.
Designation of Snake River System waters would support the
spirit and intent of existing management plans for Yellowstone
and Grand Teton National Parks and the John D. Rockefeller, Jr.
Memorial Parkway, including the 1997 Snake River Management
Plan for Grand Teton and the 1980 General Management Plan for
the Parkway. Yellowstone's Statement for Management (November
1991) states that a prime objective is to conserve and protect
the integrity of Yellowstone's natural resources, recognizing
human interaction as a part of that ecosystem.
If designated as components of the National Wild and Scenic
River System, the river segments in Yellowstone and Grand Teton
National Parks and the John D. Rockefeller, Jr. Memorial
Parkway will continue to provide a range of recreational
opportunities for private and commercial floating and fishing,
as well as an array of backcountry and non-wilderness
recreational activities in the river corridors.
Consistent with the Act that established Grand Teton
National Park in 1950, we anticipate that wild and scenic
designation of the Snake River would not affect the Bureau of
Reclamation's operation and maintenance of Jackson Lake Dam and
water levels in Jackson Lake reservoir, a natural lake
augmented for nearly 100 years by a dam for purposes of
irrigation and flood control. Additionally, we anticipate that
monitoring and equipment maintenance activities that are now
carried out by the Bureau of Reclamation upstream of Jackson
Lake, such as streamgaging and snowpack measurement, would
continue. Designation as a component of the National Wild and
Scenic River System would provide additional protection for the
outstanding scenic, recreational, and wildlife resources above
and below Jackson Lake on National Park System lands.
S. 1281 also provides for quantification of a federal
reserved water right for each river segment, and for funds to
develop river management plans. The Department is currently
reviewing the impact that this process could have on existing
uses in the basin. The NPS would cooperate with adjacent
national forest managers, the Bureau of Reclamation,
cooperative organizations, State and local government agencies,
and interested members of the public to develop appropriate
planning guidance for the rivers designated under this bill.
We would be pleased to work with the Subcommittee on
several technical amendments that would strengthen S. 1281. In
particular, we suggest that sections 3 and 6 be clarified to
state that some of the river segments identified in the bill
are within Yellowstone National Park and the John D.
Rockefeller, Jr. Memorial Parkway. We would also like to work
with the Subcommittee regarding the operation of section 5
governing federal reserved water rights. Also, a number of
river segments described in the bill form the boundary between
national park and national forest lands, and in the case of the
Gros Ventre River between Grand Teton National Park and the
National Elk Refuge, administered by the U.S. Fish and Wildlife
Service. As written, we believe the legislation could lead to
confusion as to which agency is responsible for administration
of these segments, and would suggest that the bill be amended
to clarify the jurisdiction.
Mr. Chairman that completes my prepared remarks. I would be
happy to answer any questions that you or other members of the
subcommittee may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1281 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
(Public Law 90-542; Approved October 2, 1968)
[16 U.S.C. 1271 et seq.]
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
this Act may be cited as the ``Wild and Scenic Rivers Act''.
* * * * * * *
[( )] (167) White salmon river, washington.--The 20
miles of river segments of the main stem of the White
Salmon River and Cascade Creek, Washington, to be
administered by the Secretary of Agriculture in the
following classifications:
(A) The approximately 1.6-mile segment of the
main stem of the White Salmon River from the
headwaters on Mount Adams in section 17,
township 8 north, range 10 east, downstream to
the Mount Adams Wilderness boundary as a wild
river.
(B) The approximately 5.1-mile segment of
Cascade Creek from its headwaters on Mount
Adams in section 10, township 8 north, range 10
east, downstream to the Mount Adams Wilderness
boundary as a wild river.
(C) The approximately 1.5-mile segment of
Cascade Creek from the Mount Adams Wilderness
boundary downstream to its confluence with the
White Salmon River as a scenic river.
(D) The approximately 11.8-mile segment of
the main stem of the White Salmon River from
the Mount Adams Wilderness boundary downstream
to the Gifford Pinchot National Forest boundary
as a scenic river.
[(--)] (168) Black butte river, california.--The
following segments of the Black Butte River in the
State of California, to be administered by the
Secretary of Agriculture:
(A) The 16 miles of Black Butte River, from
the Mendocino County Line to its confluence
with Jumpoff Creek, as a wild river.
(B) The 3.5 miles of Black Butte River from
its confluence with Jumpoff Creek to its
confluence with Middle Eel River, as a scenic
river.
(C) The 1.5 miles of Cold Creek from the
Mendocino County Line to its confluence with
Black Butte River, as a wild river.
[(167)] (169) Musconetcong river, new jersey.
(A) Designation. The 24.2 miles of river
segments in New Jersey, consisting of--
(i) the approximately 3.5-mile
segment from Saxton Falls to the Route
46 bridge, to be administered by the
Secretary of the Interior as a scenic
river; and
(ii) the approximately 20.7-mile
segment from the Kings Highway bridge
to the railroad tunnels at Musconetcong
Gorge, to be administered by the
Secretary of the Interior as a
recreational river.
(B) Administration.--Notwithstanding section
10(c) the river segments designated under
subparagraph (A) shall not be administered as
part of the National Park System.
(170) Wild and scenic river designations, snake river
system.--The following segments of the Snake River
System, in the State of Wyoming:
(A) Bailey creek.--The 7-mile segment of
Bailey Creek, from the divide with the Little
Greys River north to its confluence with the
Snake River, as a wild river.
(B) Blackrock creek.--The 22-mile segment
from its source to the Bridger-Teton National
Forest boundary, as a scenic river.
(C) Buffalo fork of the snake river.--The
portions of the Buffalo Fork of the Snake
River, consisting of--
(i) the 55-mile segment consisting of
the North Fork, the Soda Fork, and the
South Fork, upstream from Turpin
Meadows, as a wild river;
(ii) the 14-mile segment from Turpin
Meadows to the upstream boundary of
Grand Teton National Park, as a scenic
river; and
(iii) the 7.7-mile segment from the
upstream boundary of Grand Teton
National Park to its confluence with
the Snake River, as a scenic river.
(D) Crystal creek.--The portions of Crystal
Creek, consisting of--
(i) the 14-mile segment from its
source to the Gros Ventre Wilderness
boundary, as a wild river; and
(ii) the 5-mile segment from the Gros
Ventre Wilderness boundary to its
confluence with the Gros Ventre River,
as a scenic river.
(E) Granite creek.--The portions of Granite
Creek, consisting of--
(i) the 12-mile segment from its
source to the end of Granite Creek
Road, as a wild river; and
(ii) the 9.5-mile segment from
Granite Hot Springs to the point 1 mile
up stream from its confluence with the
Hoback River, as a scenic river.
(F) Gros ventre river.--The portions of the
Gros Ventre River, consisting of--
(i) the 16.5-mile segment from its
source to Darwin Ranch, as a wild
river;
(ii) the 39-mile segment from Darwin
Ranch to the upstream boundary of Grand
Teton National Park, excluding the
section along Lower Slide Lake, as a
scenic river; and
(iii) the 3.3-mile segment flowing
across the southern boundary of Grand
Teton National Park to the Highlands 24
Drive Loop Bridge, as a scenic river.
(G) Hoback river.--The 10-mile segment from
the point 10 miles upstream from its confluence
with the Snake River to its confluence with the
Snake River, as a recreational river.
(H) Lewis river.--The portions of the Lewis
River, consisting of--
(i) the 5-mile segment from Shoshone
Lake to Lewis Lake, as a wild river;
and
(ii) the 12-mile segment from the
outlet of Lewis Lake to its confluence
with the Snake River, as a scenic
river.
(I) Pacific creek.--The portions of Pacific
Creek, consisting of--
(i) the 22.5-mile segment from its
source to the Teton Wilderness
boundary, as a wild river; and
(ii) the 11-mile segment from the
Wilderness boundary to its confluence
with the Snake River, as a scenic
river.
(J) Shoal creek.--The 8-mile segment from its
source to the point 8 miles downstream from its
source, as a wild river.
(K) Snake river.--The portions of the Snake
River, consisting of--
(i) the 47-mile segment from its
source to Jackson Lake, as a wild
river;
(ii) the 24.8-mile segment from 1
mile downstream of Jackson Lake Dam to
1 mile downstream of the Teton Park
Road bridge at Moose, Wyoming, as a
scenic river; and
(iii) the 19-mile segment from the
mouth of the Hoback River to the point
1 mile upstream from the Highway 89
bridge at Alpine Junction, as a
recreational river, the boundary of the
western edge of the corridor for the
portion of the segment extending from
the point 3.3 miles downstream of the
mouth of the Hoback River to the point
4 miles downstream of the mouth of the
Hoback River being the ordinary high
water mark.
(L) Willow creek.--The 16.2-mile segment from
the point 16.2 miles upstream from its
confluence with the Hoback River to its
confluence with the Hoback River, as a wild
river.
(M) Wolf creek.--The 7-mile segment from its
source to its confluence with the Snake River,
as a wild river.