[House Report 111-336]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-336
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TO AMEND THE WILD AND SCENIC RIVERS ACT TO DESIGNATE SEGMENTS OF THE
MOLALLA RIVER IN OREGON, AS COMPONENTS OF THE NATIONAL WILD AND SCENIC
RIVERS SYSTEM, AND FOR OTHER PURPOSES
_______
November 16, 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
DISSENTING VIEWS
[To accompany H.R. 2781]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2781) to amend the Wild and Scenic Rivers Act to
designate segments of the Molalla River in Oregon, as
components of the National Wild and Scenic Rivers System, and
for other purposes, 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:
``(___) Molalla River, Oregon.--The following segments in the State
of Oregon, to be administered by the Secretary of the Interior as a
recreational river:
``(A) Molalla river.--The approximately 15.1 miles from the
southern boundary line of section 19, Township 7 south, Range 4
east downstream to the edge of the Bureau of Land Management
boundary in section 7, Township 6 south, Range 3 east.
``(B) Table rock fork molalla river.--The approximately 6.2
miles from the easternmost Bureau of Land Management boundary
line in the northeast quarter of section 4, Township 7 south,
Range 4 east downstream to the confluence with the Molalla
River.''.
Purpose of the Bill
The purpose of H.R. 2781 is to amend the Wild and Scenic
Rivers Act to designate segments of the Molalla River in
Oregon, as components of the National Wild and Scenic Rivers
System, and for other purposes.
Background and Need for Legislation
H.R. 2781 would add two segments of the Molalla River,
totaling 21.3 miles, in northwestern Oregon to the National
Wild and Scenic Rivers System. The Molalla rises in the Cascade
Range, east of Salem. From its headwaters above the Table Rock
Wilderness Area, the river flows through cedar, hemlock, and
old-growth Douglas fir forests, and basalt rock canyons until
it meets the Willamette River near Canby.
Both Canby and the city of Molalla draw their water from
the river, and thousands visit the river corridor every year to
recreate. There are more than 30 miles of non-motorized trails
leading to numerous waterfalls and vistas. This river and its
surrounds also contain critical habitat for rare creatures
including the northern spotted owl, pileated woodpecker, red
tree vole, red-legged frog, and pacific giant salamander.
The upper river and its major tributaries provide critical
spawning and rearing habitat for steelhead, salmon and native
wild cutthroat trout. Distinct populations of Molalla River
steelhead and salmon are listed as threatened under the
Endangered Species Act. H.R. 2781 designates two segments of
the Molalla as a recreational river: 15.1 miles on the main
stem, and 6.2 miles on the Table Rock Fork.
Committee Action
H.R. 2781 was introduced June 9, 2009, by Representative
Kurt Schrader (D-OR). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. At an October 1,
2009, hearing before the Subcommittee, a representative of the
Department of the Interior testified that the Department
supports the bill and recommended technical changes.
On October 28, 2009, the Subcommittee was discharged from
further consideration of H.R. 2781 and the full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Raul Grijalva (D-AZ) offered an en bloc amendment to
make technical changes to the bill, including specifying that
the two segments of the river will be managed as a recreational
river, and deleting language that is redundant to the
underlying Wild and Scenic Rivers Act. The amendment was agreed
to by voice vote.
Rep. Rob Bishop (R-UT) offered an amendment to require the
Bureau of Land Management to designate new lands available for
timber production to offset any loss of timber lands as a
result of the bill. The amendment was ruled non-germane.
The bill, as amended, was then ordered favorably reported
to the House of Representatives by a rollcall vote of 23 to 18,
as follows:
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 amend the Wild and Scenic Rivers
Act to designate segments of the Molalla River in Oregon, as
components of the National Wild and Scenic Rivers System, and
for other purposes.
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. 2781--A bill to amend the Wild and Scenic Rivers Act to designate
segments of the Molalla River in Oregon as components of the
National Wild and Scenic Rivers System
H.R. 2781 would designate two segments of the Molalla River
in Oregon as a recreational river within the National Wild and
Scenic Rivers System. Based on information provided by the
Bureau of Land Management, which administers the two river
segments that would be affected by the proposed designation,
implementing the bill would have no effect on the federal
budget. The affected segments, which total about 21 miles, are
already protected for wilderness values, and the proposed
designation would not significantly affect the way they are
administered.
H.R. 2781 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 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. 2781 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) * * *
* * * * * * *
(___) Molalla River, Oregon.--The following segments in the
State of Oregon, to be administered by the Secretary of the
Interior as a recreational river:
(A) Molalla river.--The approximately 15.1 miles from
the southern boundary line of section 19, Township 7
south, Range 4 east downstream to the edge of the
Bureau of Land Management boundary in section 7,
Township 6 south, Range 3 east.
(B) Table rock fork molalla river.--The approximately
6.2 miles from the easternmost Bureau of Land
Management boundary line in the northeast quarter of
section 4, Township 7 south, Range 4 east downstream to
the confluence with the Molalla River.
* * * * * * *
DISSENTING VIEWS
At the October 1, 2009 Subcommittee on National Parks,
Forests and Public Lands hearing where H.R. 2781 was
considered, Rep. Schrader, the sponsor of the legislation,
testified:
Under my bill there is approximately 420 acres of
timber management acres or ``matrix'' lands that would
be impacted. While this represents a relatively small
amount of impacted timber lands, I am sensitive to the
reduction. Therefore, as the committee moves forward, I
would ask the Chairman and Ranking Member to work with
me and my staff to ensure there will be no net-loss of
the acres available for timber management as a result
of this legislation.
Mr. Schrader was right to identify a no net-loss provision
as an essential part of the bill in light of Oregon's 11% +
unemployment rate and the collapse of the wood products
industry that was once a powerful piston in the state's
economic engine. A recent report by the Pew Center on the
States cited Oregon as one of nine states that could follow
California into a budget abyss. The timber industry is a large
part of the tax base in many communities throughout the
Northwest. The recent recession has sharply accelerated the
decline of the industry but for close to a decade Congress has
helped offset the loss of timber receipts by creating and
reauthorizing the Secure Rural Schools program which has cost
billions of dollars. To simply continue to lock up more and
more lands to appease special interest groups without finding
other lands to offset these lost acres is not only fiscally and
economically irresponsible but environmentally ignorant, as
well.
However, the Democrat majority on the Committee not only
failed to add the language Mr. Schrader called for in their
bill, they also blocked a vote on an offset timber land
amendment. By rejecting the amendment, the Democrat majority
produced a bill that denies resources to an economy that is
languishing as well as a funding source for schools. Each acre
that is whittled away is an acre that could have been used to
pay for another teacher, needed public infrastructure, or even
firefighting equipment.
Rob Bishop.