[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.