[House Report 111-291]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-291

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


 
   TO AMEND THE WILD AND SCENIC RIVERS ACT TO DESIGNATE A SEGMENT OF 
   ILLABOT CREEK IN SKAGIT COUNTY, WASHINGTON, AS A COMPONENT OF THE 
                 NATIONAL WILD AND SCENIC RIVERS SYSTEM

                                _______
                                

October 8, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1593]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1593) to amend the Wild and Scenic Rivers Act to 
designate a segment of Illabot Creek in Skagit County, 
Washington, as a component of the National Wild and Scenic 
Rivers System, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.

  Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
amended by adding at the end the following:
          ``(___) Illabot creek, washington.--
                  ``(A) The 14.3 mile segment from the headwaters of 
                Illabot Creek to the north 1/16 line of section 34, 
                township 35 north, range 10 east, Willamette Meridian, 
                excepting any lands north of a line 200 feet southerly 
                and perpendicular to the southerly right-of-way line of 
                the Rockport-Cascade Road, through lands of the United 
                States, the Washington State Department of Natural 
                Resources, and lands owned by, or administered by 
                agencies of, the City of Seattle, excepting any lands 
                under any private ownership to be administered by the 
                Secretary of Agriculture as follows:
                          ``(i) The 4.3 mile segment from the 
                        headwaters of Illabot Creek to the boundary of 
                        Glacier Peak Wilderness Area as a wild river.
                          ``(ii) The 10 mile segment from the boundary 
                        of Glacier Peak Wilderness to north 1/16 line 
                        of section 34, township 35 north, range 10 
                        east, Willamette Meridian, excepting any lands 
                        north of a line 200 feet southerly and 
                        perpendicular to the southerly right-of-way 
                        line of the Rockport-Cascade Road as a 
                        recreational river.
                  ``(B) Action required to be taken under subsection 
                (d)(1) for the river segments designated under this 
                paragraph shall be completed through revision of the 
                Skagit Wild and Scenic River comprehensive management 
                plan.''.

                          Purpose of the Bill

    The purpose of H.R. 1593 is to amend the Wild and Scenic 
Rivers Act to designate a segment of Illabot Creek in Skagit 
County, Washington, as a component of the National Wild and 
Scenic Rivers System.

                  Background and Need for Legislation

    The U.S. Forest Service studied Illabot Creek for potential 
Wild and Scenic River designation as part of the Mt. Baker-
Snoqualmie National Forest planning process. The study found 
that the creek possesses ``outstandingly remarkable values'' 
due to its fish populations and the presence of extraordinary 
wildlife in the surrounding habitat. For example, a bald eagle 
communal night roost is located in the river, and the creek is 
important habitat for bear, beaver, otter, black-tailed deer, 
Roosevelt elk, spotted owls, and mountain goats.
    Mt. Baker-Snoqualmie National Forest administers the 
Glacier Peak Wilderness, which contains the upper five miles of 
the creek. If the creek were to be designated, it would extend 
the existing designated Skagit National Wild and Scenic River 
(established in Section 703 of Public Law 95-625).
    The bill would designate a 4.3-mile segment as a wild river 
and a 10-mile segment as a recreational river. Nothing in H.R. 
1593 would give the Forest Service authority to regulate the 
use of private lands.

                            Committee Action

    H.R. 1593 was introduced by Representative Rick Larsen (D-
WA) on March 18, 2009. The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. On 
July 8, 2009 the Subcommittee held a hearing on the bill. The 
administration testified in favor of H.R. 1593.
    On September 10, 2009, the Subcommittee was discharged from 
further consideration of H.R. 1593 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Raul Grijavla (D-AZ) offered an amendment in the 
nature of a substitute to more specifically describe the 
segment of the river to be designated. The amendment was agreed 
to by unanimous consent. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Wild and Scenic Rivers 
Act to designate a segment of Illabot Creek in Skagit County, 
Washington, as a component of the National Wild and Scenic 
Rivers System.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1593--A bill to amend the Wild and Scenic Rivers Act to designate 
        a segment of Illabot Creek in Skagit County, Washington, as a 
        component of the National Wild and Scenic Rivers System

    H.R. 1593 would designate an additional 14.3 miles of the 
Illabot Creek in Washington State as part of the National Wild 
and Scenic Rivers System. Based on information provided by the 
U.S. Forest Service and assuming the availability of 
appropriated funds, CBO estimates that the Forest Service would 
spend about $20,000 a year to maintain, protect, and enhance 
the creek. Enacting H.R. 1593 would not affect direct spending 
or revenues.
    The bill contains no intergovernmental or private-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 Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1593 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                       WILD AND SCENIC RIVERS ACT




           *       *       *       *       *       *       *
  Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
          (1) * * *

           *       *       *       *       *       *       *

          (___) Illabot creek, washington.--
                  (A) The 14.3 mile segment from the headwaters 
                of Illabot Creek to the north 1/16 line of 
                section 34, township 35 north, range 10 east, 
                Willamette Meridian, excepting any lands north 
                of a line 200 feet southerly and perpendicular 
                to the southerly right-of-way line of the 
                Rockport-Cascade Road, through lands of the 
                United States, the Washington State Department 
                of Natural Resources, and lands owned by, or 
                administered by agencies of, the City of 
                Seattle, excepting any lands under any private 
                ownership to be administered by the Secretary 
                of Agriculture as follows:
                          (i) The 4.3 mile segment from the 
                        headwaters of Illabot Creek to the 
                        boundary of Glacier Peak Wilderness 
                        Area as a wild river.
                          (ii) The 10 mile segment from the 
                        boundary of Glacier Peak Wilderness to 
                        north 1/16 line of section 34, township 
                        35 north, range 10 east, Willamette 
                        Meridian, excepting any lands north of 
                        a line 200 feet southerly and 
                        perpendicular to the southerly right-
                        of-way line of the Rockport-Cascade 
                        Road as a recreational river.
                  (B) Action required to be taken under 
                subsection (d)(1) for the river segments 
                designated under this paragraph shall be 
                completed through revision of the Skagit Wild 
                and Scenic River comprehensive management plan.

           *       *       *       *       *       *       *


                                  
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