[House Report 111-293]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-293

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AUTHORIZING THE SECRETARY OF THE INTERIOR TO ADJUST THE BOUNDARY OF THE 
STEPHEN MATHER WILDERNESS AND THE NORTH CASCADES NATIONAL PARK IN ORDER 
   TO ALLOW THE REBUILDING OF A ROAD OUTSIDE OF THE FLOODPLAIN WHILE 
   ENSURING THAT THERE IS NO NET LOSS OF ACREAGE TO THE PARK OR THE 
                   WILDERNESS, AND FOR OTHER PURPOSES

                                _______
                                

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

                             together with

                    ADDITIONAL AND DISSENTING VIEWS

                        [To accompany H.R. 2806]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 2806) to authorize the Secretary of the Interior to 
adjust the boundary of the Stephen Mather Wilderness and the 
North Cascades National Park in order to allow the rebuilding 
of a road outside of the floodplain while ensuring that there 
is no net loss of acreage to the Park or the Wilderness, and 
for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          Purpose of the Bill

    The purpose of H.R. 2806 is to authorize the Secretary of 
the Interior to adjust the boundary of the Stephen Mather 
Wilderness and the North Cascades National Park in order to 
allow the rebuilding of a road outside the flood plain while 
ensuring that there is no net loss of acreage to the Park or 
the Wilderness.

                  Background and Need for Legislation

    The Stephen Mather Wilderness was designated in 1988 as 
part of the Washington Park Wilderness Act (Public Law 100-
668). Excluded from the wilderness area was a 100-foot corridor 
for an existing dirt road that followed the Stehekin River for 
23 miles from Lake Chelan into the wilderness, providing 
limited vehicle access to trails and campgrounds in that 
portion of the wilderness. The road dead-ended at a campground 
and trailhead to a scenic basin and pass.
    Until 2003, the park provided shuttle bus service along the 
road for hikers and campers, who could only reach the road by 
passenger ferry or floatplane. Local residents, who retained 
property and small businesses inside the park and the adjoining 
Lake Chelan National Recreation Area, also used the road for 
recreation.
    Damage to the road from a 1995 flood was repaired, except 
for a 2.5 mile section at the very end of the road, but in 2003 
and again in 2006 major flooding along the river washed out 
significant portions of the road in the upper valley. Today, 
the road is impassible for vehicles above what used to be the 
halfway point.
    A 2004 Federal Highway Administration survey estimated that 
moving the most threatened three miles of the route out of the 
flood plain would cost $1.6 million; that estimate does not 
include the cost of the necessary environmental studies, 
repairing the remainder of the upper road for vehicle traffic, 
or maintenance and future repairs from flooding.
    In 2006, the park conducted an environmental assessment to 
determine whether to rebuild the upper half of the road; the 
assessment concluded that the road would be too difficult and 
costly to construct and maintain, and too environmentally 
damaging.
    That upper portion of the road has been maintained as a 
trail since 2004 and remains open to foot and horse traffic. 
The upper valley continues to be very popular with hikers and 
campers; the park estimates that some 1,300 people use the 
campgrounds each summer, reaching their campsites on foot.

                            Committee Action

    H.R. 2806 was introduced June 10, 2009, by Natural 
Resources Committee Ranking Member Hastings (R-WA). The bill 
was referred to the Committee on Natural Resources, and within 
the Committee to the Subcommittee on National Parks, Forests 
and Public Lands. The Subcommittee held a hearing on the bill 
on July 30, 2009. A representative of the Department of the 
Interior testified in opposition to the legislation.
    On September 10, 2009, the Subcommittee on National Parks, 
Forests and Public Lands was discharged from further 
consideration of H.R. 2806 and the full Natural Resources 
Committee met to consider the bill. The bill was ordered 
favorably reported to the House of Representatives by unanimous 
consent.

                      Section-by-Section Analysis


Section 1. Findings

    Section 1 provides the history of the upper Stehekin Valley 
Road.

Section 2. Authorization for boundary adjustments

    Section 2(a) authorizes, but does not require, the 
Secretary of the Interior to change the boundaries of the 
Stephen Mather Wilderness to create a new 100-foot road 
corridor outside the wilderness so that the upper portion of 
the Stehekin Valley Road may be rebuilt above the flood plain. 
In their testimony the National Park Service (NPS) noted that 
if such authority were to be used, the NPS would be required to 
complete an environmental impact statement for the wilderness 
boundary change and the road reconstruction.
    Section 2(b) directs that any boundary adjustments made 
pursuant to this legislation must ensure that the wilderness 
acreage deleted by creating the new road corridor will be equal 
to the acreage added to the Stephen Mather Wilderness by the 
Secretary, so that there is no net loss of acreage to the 
wilderness area.

            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, and Article IV, section 3, 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 authorize the Secretary of the 
Interior to adjust the boundary of the Stephen Mather 
Wilderness and the North Cascades National Park in order to 
allow the rebuilding of a road outside of the flood plain while 
ensuring that there is no net loss of acreage to the Park or 
the Wilderness.
    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. 2806--A bill to authorize the Secretary of the Interior to adjust 
        the boundary of the Stephen Mather Wilderness and the North 
        Cascades National Park in order to allow the rebuilding of a 
        road outside of the floodplain while ensuring that there is no 
        net loss of acreage to the Park or the Wilderness, and for 
        other purposes

    H.R. 2806 would allow the Secretary of the Interior to 
redraw the boundary of the Stephen Mather Wilderness (which 
makes up more than 90 percent of the North Cascades National 
Park in Washington) to exclude a 100-foot wide corridor. The 
National Park Service (NPS) would use the corridor (which would 
remain in the park) to reroute a flood-damaged portion of the 
Stehekin Valley Road.
    Based on information provided by the NPS and assuming 
appropriation of the necessary amounts, CBO estimates that 
completing the rerouting project would cost $2.5 million over 
the next five years. Of this amount, about $500,000 would be 
spent to conduct an environmental impact study of the boundary 
change and the construction project. About $2 million would be 
spent to build the new road segment and restore the remaining 
portion of the existing road.
    Enacting the bill would have no effect on revenues or 
direct spending.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Deborah Reis. 
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. 2806 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):

WASHINGTON PARK WILDERNESS ACT OF 1988

           *       *       *       *       *       *       *



TITLE II--NORTH CASCADES NATIONAL PARK SERVICE COMPLEX WILDERNESS

           *       *       *       *       *       *       *



SEC. 207. BOUNDARY ADJUSTMENTS FOR ROAD.

  (a) In General.--The Secretary may adjust the boundaries of 
the North Cascades National Park and the Stephen Mather 
Wilderness in order to provide a 100-foot wide corridor along 
which the Stehekin Valley Road may be rebuilt--
          (1) outside of the floodplain between milepost 12.9 
        and milepost 22.8;
          (2) within the boundaries of the North Cascades 
        National Park; and
          (3) outside of the boundaries of the Stephen Mather 
        Wilderness.
  (b) No Net Loss of Lands.--The boundary adjustments made 
under this section shall be such that equal acreage amounts are 
exchanged between the Stephen Mather Wilderness and the North 
Cascades National Park, resulting in no net loss of acreage to 
either the Stephen Mather Wilderness or the North Cascades 
National Park.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 2806 authorizes the Secretary of the Interior to 
change the boundary of the Stephen Mather Wilderness and the 
North Cascades National Park in order to rebuild the upper 
Stehekin Road in a new location, presumably within the 
Wilderness boundary, after several floods have damaged the 
current road. This legislation raises a number of serious 
concerns regarding the use of limited National Park Service 
(NPS) dollars and the process of designating wilderness.
    In 2006, the NPS completed an environmental assessment of 
the upper Stehekin road and after analyzing potential options, 
decided to retire the upper section of the road. The decision 
was based on topography of the area, access, expected floods, 
and cost.
    We strongly support protecting and maximizing access of 
national parks and publicly protected land. When access points 
are damaged, NPS uses criteria based on usage, topography, and 
cost to decide how to proceed with maintenance needs. While we 
wholeheartedly believe we should try and preserve past points 
of access, we must also recognize changes to the terrain and 
look at the use of a park system as a whole when determining 
how to spend limited NPS funds.
    The passage of H.R. 2806 should not change the priority 
list for the National Park Service, putting a road used by less 
than 3,000 visitors annually above other projects in the North 
Cascades National Park and neighboring parks that may have 
maintenance needs for roads used by more than 150,000 visitors 
each year. NPS has a limited budget and must prioritize 
projects based on a variety of factors. At an estimated cost of 
$1.5 million, rebuilding the upper Stehekin could pull funds 
away from projects that provide access points for tens of 
thousands. Public access to our wild lands is a cornerstone of 
conservation efforts so it is vitally important that available 
NPS dollars go towards high priority projects, including those 
that provide access to the highest number of people. We 
strongly believe that NPS should not adjust their priority list 
of the road maintenance as a result of the passage of this 
legislation.
    Since the Wilderness Act was passed in 1964, Congress has 
had the sole authority to designate wilderness. H.R. 2806 
departs from that historic, democratic process, by handing 
unprecedented authority to the Secretary of the Interior. 
Giving authority to the Secretary is major change from over 45 
years of wilderness policy. It is a precedent that we believe 
requires much more input and discussion.
    H.R 2806 gives the Secretary authority to relocate the road 
between milepost 12.9 and milepost 22.8, as far up the Stehekin 
road as Cottonwood Camp. The last 2.5 miles are rough terrain, 
difficult to access and maintain, where the road has not been 
in place as far back as 1995. If we end up building a road, it 
should not go as far as Cottonwood Camp, but instead should 
stop 2.5 miles earlier at Glory Mountain. This decision would 
save important NPS dollars and still allow day hikers access to 
Cottonwood Camp.
    As we are already beginning to see, climate change is 
increasing the frequency and impact of floods in Washington 
State and throughout the country. Upper Stehekin is the first 
of a forthcoming issue on how to manage damaged cherry-stemmed 
roads throughout our National Park system and Wilderness areas. 
Washington State and the rest of the nation will face more 
decisions like this and we need to make sure our process for 
fixing roads is sound.
    The Wilderness Act defines wilderness as ``land retaining 
its primeval character and influence, without permanent 
improvements or human habitation, . . . which generally appears 
to have been affected primarily by the forces of nature, with 
the imprint of man's work substantially unnoticeable. . . .'' 
Clearly, changing wilderness area boundaries should not be 
taken lightly.
    Giving authority to the Secretary seemingly streamlines the 
process for one community but H.R. 2806 has serious 
implications that will influence park policy for years to come. 
Congress should revise the approach to ensure that in future 
instances a thoughtful process is in place that might protect 
wilderness and maximize access.
            Sincerely,
                                   Jay Inslee.
                                   Martin Heinrich.

                            ADDITIONAL VIEWS

    H.R. 2806 is a limited bill that allows for continued 
public access to the North Cascades National Park from the 
community of Stehekin, Washington.
    Stehekin, located at the western end of Lake Chelan, is the 
gateway to the North Cascades National Park and is accessible 
only by boat, floatplane, or a multi-day hike. From the town of 
Stehekin, the Stehekin Valley Road has long allowed residents 
and visitors to access some of the most beautiful scenery in 
the North Cascades in what is now the Park's Stephen Mather 
Wilderness.
    At the July 30, 2009 hearing before the Subcommitee on 
National Parks, Forests and Public Lands, the Subcommittee 
heard testimony from local officials on how flood damage to the 
upper Stehekin Road has limited public recreational access to 
the North Cascades National Park Complex. This reduced access 
has been particularly painful for the small, tourist-dependent 
community of Stehekin which serves as the gateway to the Park.
    Recognizing its value to local residents and tourists, the 
Road was specifically protected when the Park and Wilderness 
areas were created. Stehekin Road has for many years been 
maintained and run by Park officials, but following extreme 
flooding and subsequent changes in the course of the river, 
much of the Road bed is now under water. Because the Road 
occupies a narrow corridor within the borders of the Wilderness 
Area, congressional approval is required to modify the corridor 
prior to the Park Service rebuilding the road.
    During legislative consideration of the Park's creation in 
1988, Congress determined that Stehekin Road would remain 
exempt from the restrictions of other wilderness areas. 
Otherwise, no cars, mountain bikes or other mechanized vehicles 
would have been allowed to transport area residents or Park 
visitors to the wilderness areas north of the Stehekin 
community. Former U.S. Senator and Washington Governor Dan 
Evans, the author of the 1988 Act creating the Park, submitted 
written testimony that it was Congress' intent to allow for 
continued road access into the Park.
    As the Stehekin River has shifted and damaged the road, the 
Park Service has been unable to rebuild the road out of the 
path of the river because of the narrow road corridor in the 
original Park designation. H.R. 2806 would simply allow the 
Secretary limited authority to adjust the road corridor out of 
the path of the Stehekin River, with no net loss of land to 
either the Park or the Stephen Mather Wilderness. These changes 
and road rebuilding would still be subject to review and 
comment under the National Environmental Policy Act.
    In addition to the merits of adjusting the road corridor 
boundary to enable maintenance of this grandfathered access 
road, the Subcommittee hearing also revealed troubling 
inconsistencies in the Park Service's position on road 
maintenance. This Committee recently approved a bill, H.R. 1061 
authored by Mr. Dicks of Washington, which gives away 36 acres 
of the Olympic National Park without compensation and for the 
purpose of ensuring road access. In a July 9, 2009 letter to 
Mr. Bishop, Acting Director Wenk of the Park Service endorsed 
the road and land giveaway in H.R. 1061. However, Mr. Wenk 
testified against H.R. 2806, which will result in no net loss 
of park or wilderness area, citing ``higher priorities.''
    Approval of H.R. 2806 will serve as a reminder to the Park 
Service that ensuring public access to the National Park System 
remains a high priority and it will ensure that we keep our 
nation's commitment to the residents of Stehekin. Moreover, 
H.R. 2806 accomplishes these goals without any net loss to the 
Park or the Wilderness, and ensures adequate public and 
environmental review before any changes take place.
                                                      Doc Hastings.
                              ----------                              

                                   Daniel J. Evans,
                                      5215 North East 45th,
                                         Seattle, WA, July 7, 2009.
Hon. Raul M. Grijalva,
Chairman, Subcommittee on National Parks, Forests and Public Land, 
        Committee on Natural Resources, Washington, DC.
    Dear Mr. Chairman: I am pleased to write in favor of H.R. 
2806 sponsored by Representative Doc Hastings of the state of 
Washington. I believe his proposal for reconstruction of the 
Upper Stehekin road is both desirable and vital for appropriate 
access to portions of the North Cascade National Park.
    Before speaking on the particulars of the road 
reconstruction let me establish my credentials for testifying 
on this measure. I served as United States Senator for the 
state of Washington from 1983 to 1989. During that time I 
served as a member of the Energy and Natural Resources 
Committee of the Senate, which has jurisdiction over our 
National Park system. While on the committee I initiated and 
became prime sponsor of a bill to create wilderness areas 
within the three national parks of Washington state, Olympic, 
Rainier, and North Cascades. It was my intent to ensure that 
undue development would not occur within those national parks. 
I also recognized that access to trails and vistas within those 
parks was vital and carefully excluded those road rights-of-way 
from wilderness boundaries. Normally, road reconstruction and 
minor relocation would be accommodated within these 100 foot 
right of ways but on rare occasions natural catastrophes could 
require modification of wilderness boundaries to allow road 
relocations.
    For almost 70 years I have hiked and climbed in the 
National Parks of Washington state and have a strong and 
continuing desire to maintain their integrity. I am very 
familiar with the area in question and have ridden the road 
from Stehekin to trailheads where I have embarked on extensive 
hiking and climbing trips. If this road is not rebuilt, access 
to extraordinary wilderness experiences will be substantially 
more difficult. Almost a full days' hike will be necessary to 
reach what once were trailheads giving mountain access.
    I believe very strongly that continued protection of our 
wilderness National Parks depends on the active support of 
visitors, hikers, and climbers who act as champions for our 
National Parks. If we make access substantially more difficult 
we reduce the number of visitors and ultimately the numbers of 
citizens and taxpayers who know enough about these parks to 
want to protect them.
    It was my intent when I sponsored the Park Wilderness Bill 
of 1988 to protect the unique features of these splendid Parks 
but not to make access more difficult for those seeking the 
unusual experience of a wilderness Park. I believe that in this 
instance an alternative route along the Old Wagon Road would 
maintain the appropriate access and that portions of the 
current road could revert to wilderness category with no net 
loss of wilderness area. I strongly urge the passage of HR 2806 
and believe it is compatible with the original bill I sponsored 
in 1988.
    I thank you for your attention to this matter and hope that 
it can be resolved promptly and successfully.
            Sincerely
                                   Daniel J. Evans,
                                           U.S. Senator 1983-1989.

                                  
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