[Senate Report 111-132]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 282
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-132

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



 
ALPINE LAKES WILDERNESS ADDITIONS AND PRATT AND MIDDLE FORK SNOQUALMIE 
                         RIVERS PROTECTION ACT

                                _______
                                

                 March 2, 2010.--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. 721]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 721) to expand the Alpine Lakes 
Wilderness in the State of Washington, to designate the Middle 
Fork Snoqualmie River and Pratt River as wild and scenic 
rivers, and for other purposes, having considered the same, 
reports favorably thereon with amendment and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Alpine Lakes Wilderness Additions and 
Pratt and Middle Fork Snoqualmie Rivers Protection Act''.

SEC. 2. EXPANSION OF ALPINE LAKES WILDERNESS.

  (a) In General.--There is designated as wilderness and as a component 
of the National Wilderness Preservation System certain Federal land in 
the Mount Baker-Snoqualmie National Forest in the State of Washington 
comprising approximately 22,173 acres that is within the Proposed 
Alpine Lakes Wilderness Additions Boundary, as generally depicted on 
the map entitled ``Proposed Alpine Lakes Wilderness Additions'' and 
dated December 3, 2009, which is incorporated in and shall be 
considered to be a part of the Alpine Lakes Wilderness.
  (b) Administration.--
          (1) Management.--Subject to valid existing rights, the land 
        designated as wilderness by subsection (a) shall be 
        administered by the Secretary of Agriculture (referred to in 
        this section as the ``Secretary''), in accordance with the 
        Wilderness Act (16 U.S.C. 1131 et seq.), except that any 
        reference in that Act to the effective date of that Act shall 
        be considered to be a reference to the date of enactment of 
        this Act.
          (2) Map and description.--
                  (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall file 
                a map and a legal description of the land designated as 
                wilderness by subsection (a) with--
                          (i) the Committee on Natural Resources of the 
                        House of Representatives; and
                          (ii) the Committee on Energy and Natural 
                        Resources of the Senate.
                  (B) Force of law.--A map and legal description filed 
                under subparagraph (A) shall have the same force and 
                effect as if included in this Act, except that the 
                Secretary may correct minor errors in the map and legal 
                description.
                  (C) Public availability.--The map and legal 
                description filed under subparagraph (A) shall be filed 
                and made available for public inspection in the 
                appropriate office of the Forest Service.
  (c) Incorporation of Acquired Land and Interests in Land.--Any land 
or interests in land within the Proposed Alpine Lakes Wilderness 
Additions Boundary, as generally depicted on the map entitled 
``Proposed Alpine Lakes Wilderness Additions'' and dated December 3, 
2009, that is acquired by the United States shall--
          (1) become part of the wilderness area; and
          (2) be managed in accordance with subsection (b)(1).

SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS.

  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:
          ``(208) Middle fork snoqualmie, washington.--The 27.4-mile 
        segment from the headwaters of the Middle Fork Snoqualmie River 
        near La Bohn Gap in NE \1/4\ sec. 20, T. 24 N., R. 13 E., to 
        the northern boundary of sec. 11, T. 23 N., R. 9 E., to be 
        administered by the Secretary of Agriculture in the following 
        classifications:
                  ``(A) The approximately 6.4-mile segment from the 
                headwaters of the Middle Fork Snoqualmie River near La 
                Bohn Gap in NE \1/4\ sec. 20, T. 24 N., R. 13 E., to 
                the west section line of sec. 3, T. 23 N., R. 12 E., as 
                a wild river.
                  ``(B) The approximately 21-mile segment from the west 
                section line of sec. 3, T. 23 N., R. 12 E., to the 
                northern boundary of sec. 11, T. 23 N., R. 9 E., as a 
                scenic river.
          ``(209) Pratt river, washington.--The entirety of the Pratt 
        River in the State of Washington, located in the Mount Baker-
        Snoqualmie National Forest, to be administered by the Secretary 
        of Agriculture as a wild river.''.

                                Purpose

    The purpose of S. 721 is to designate certain Federal land 
in the Mount Baker-Snoqualmie National Forest in the State of 
Washington as wilderness and to designate a segment of the 
Middle Fork Snoqualmie River and the entire length of the Pratt 
River as components of the Wild and Scenic River System.

                          Background and Need

    In 1976, Congress enacted the Alpine Lakes Area Management 
Act (Public Law 94-357), which established the Alpine Lakes 
Wilderness. S. 721 would add approximately 22,173 acres to the 
approximately 390,000-acre Alpine Lakes Wilderness, providing 
protection for low-elevation forests. Unlike the higher-
elevation lands currently in the Alpine Lakes Wilderness, these 
lower-elevation lands are snow-free much of the year, providing 
important wildlife habitat when the high country is covered in 
snow. The valleys included in the proposed addition are home to 
deer and elk populations, as well as cougars and bears.
    Located a short distance from Seattle, the Alpine Lakes 
Wilderness is among the most visited wilderness areas in the 
Nation, with over 100,000 visits annually. The area is a 
popular destination for hiking, camping, horseback riding, 
wildlife viewing, river rafting, and other recreational 
activities.
    S. 721 also would designate two rivers as components of the 
Wild and Scenic River System. In 1990, the Forest Service 
recommended both the Middle Fork Snoqualmie River and the Pratt 
River for designation under the Wild and Scenic Rivers Act, 
noting their outstanding recreational, fisheries, wildlife, 
geological, and ecological values.

                          Legislative History

    S. 721 was introduced by Senators Murray and Cantwell on 
March 26, 2009. The Subcommittee on Public Lands and Forests 
held a hearing on the bill on October 29, 2009. At its business 
meeting on December 16, 2009, the Committee on Energy and 
Natural Resources ordered S. 721 favorably reported with an 
amendment in the nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on December 16, 2009, by a voice vote of a 
quorum present, recommends that the Senate pass S. 721, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 721, the Committee adopted 
an amendment in the nature of a substitute. The Committee 
amendment makes several modifications to the bill, including a 
number of changes in response to concerns raised by the 
Administration at the hearing on October 29, 2009.
    Several adjustments to the boundary of the wilderness 
addition were included to improve the administration of the 
wilderness and protection of the watershed, all of which are 
reflected on the map. The boundary of the wilderness adjacent 
to the Goldmyer Hot Springs property was set back 200 feet from 
the National Forest boundary. The boundary of the wilderness 
also was set back to provide greater flexibility in managing 
the Middle Fork Snoqualmie River Trail (#1003), which runs 
parallel to the wilderness outside its boundary, as was 
suggested by the Department of Agriculture. The Department of 
Agriculture also expressed concern with the inclusion of the 
Pratt River Trail (#1035) within the wilderness boundary. 
However, the Committee retained that trail within the 
wilderness boundary, as the wilderness designation does not 
preclude the Forest Service from undertaking maintenance and 
reconstruction work on the trail in accordance with the 
Wilderness Act and the agency's wilderness management policies.
    The Committee is aware of the Forest Service's current 
plans to improve the Middle Fork Snoqualmie River Road, a 
portion of which runs along the segment of the Middle Fork 
Snoqualmie River that would be designated as a component of the 
Wild and Scenic Rivers System by section 3 of the bill. The 
Forest Service has managed the river corridor to protect its 
wild and scenic values under the applicable forest plan since 
1990, so the designation of the corridor under the Wild and 
Scenic Rivers Act should not substantively impact the planned 
improvements to the road or the agency's ability to maintain 
access to campgrounds and private property in accordance with 
applicable law.
    The Committee amendment is further explained in the 
section-by-section analysis below.

                      Section-by-Section Analysis

    Section 1 provides the short title for the bill.
    Section 2 designates approximately 22,173 acres of Federal 
land in the Mount Baker-Snoqualmie National Forest in 
Washington as an addition to the Alpine Lakes Wilderness, to be 
administered in accordance with the Wilderness Act. Subsection 
(c) provides that any land or interests in land that are 
acquired within the boundary of the wilderness addition shall 
become part of the Alpine Lakes Wilderness.
    Section 3 amends the Wild and Scenic Rivers Act to 
designate a 27.4-mile segment of the Middle Fork Snoqualmie 
River and the entirety of the Pratt River as additions to the 
Wild and Scenic River System. This section would designate the 
Pratt River and 6.4 miles of the Middle Fork Snoqualmie River 
as ``wild'' and would designate the remainder of the Pratt 
River as ``scenic.''

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 721--Alpine Lakes Wilderness Additions and Pratt and Middle Fork 
        Snoqualmie Rivers Protection Act

    S. 721 would add more than 22,000 acres of public land in 
the state of Washington to the Alpine Lakes Wilderness. The 
bill also would designate about 27 miles of waters in the area 
as wild or scenic rivers. Based on information provided by the 
Forest Service, which administers most of the affected land, 
CBO estimates that implementing S. 721 would have no 
significant effect on the federal budget. Enacting the 
legislation would not affect revenues or direct spending.
    The acreage and waterways to be added to the National 
Wilderness Preservation System and the Wild and Scenic Rivers 
System are currently administered by the Forest Service or 
owned by the state. CBO estimates that no additional resources 
would be required to manage the affected areas as a result of 
the new designations. We expect that any costs to revise 
brochures, maps, and signs would be minimal because most such 
revisions would take place in conjunction with scheduled 
reprinting and routine maintenance.
    Finally, we estimate that enacting the legislation would 
have no effect on offsetting receipts because the affected 
lands, which are already managed for conservation purposes, 
currently produce no income and are not expected to in the 
future.
    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 Deborah Reis. 
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. 721.
    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. 721, as ordered reported.

                   Congressionally Directed Spending

    S. 721, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The views of the Administration were included in testimony 
received by the Committee at a hearing on S. 721 on October 29, 
2009, which is provided below.

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 S. 721.
    This legislation would designate approximately 22,100 acres 
as a component of the National Wilderness System and 
approximately 37 miles of river as components the National Wild 
and Scenic Rivers System on the Mt. Baker-Snoqualmie National 
Forest in the State of Washington. The Department supports this 
legislation in concept and we would like to work with the 
Committee to address some technical issues as outlined below. 
We would also like the committee to be aware however, while we 
have completed suitability studies for the wild and scenic 
rivers, we have not completed a wilderness evaluation of the 
area designated under this bill. For the area that would be 
designated wilderness, management direction under the Land and 
Resource Management Plan is aligned with wilderness values with 
the majority of the land being managed as Late Successional 
Reserve under the Northwest Forest Plan. We thank the 
delegation for its collaborative approach and local involvement 
that have contributed to this bill.


                        alpine lakes wilderness


    The proposed additions to the Alpine Lakes Wilderness lie 
in the valleys of the Pratt River, the Middle and South Forks 
of the Snoqualmie River. The existing 394,000 acre Alpine Lakes 
Wilderness is one of the jewels of our wilderness system, 
encompassing rugged ice carved peaks, over 700 lakes, and 
tumbling rivers. The lower valleys include stands of old growth 
forest next to winding rivers with native fish populations. The 
area is located within minutes of the Seattle metro area. 
Trails accessing the area are among the most heavily used in 
the Northwest as they lead to some exceptionally accessible and 
beautiful destinations. The proposed additions to the Alpine 
Lakes Wilderness would expand this area to include the entire 
heavily forested Pratt River valley and trail approaches to 
lakes in the wilderness area in the Interstate 90 corridor. We 
would like to work with the subcommittee to address some 
technical aspects of the bill. These include:
     The Middle Fork Snoqualmie River Trail #1003 is 
popular among mountain bicyclists. The Department's concern is 
that the trail is immediately adjacent to the proposed 
wilderness, not allowing sufficient room for reconstruction or 
relocation if needed as a result of likely future events such 
as flooding or landslides. We suggest a modification of the 
proposed wilderness boundary to allow for reconstruction or for 
relocation.
     The entire Pratt River Trail #1035 is included 
within the boundary of the proposed wilderness. The first mile 
of this trail currently is used by large numbers of people and 
groups. The trail, which would be a primary access corridor for 
the newly designated wilderness, is scheduled for major 
reconstruction work beginning this fiscal year. The Department 
suggests that the wilderness boundary be drawn to exclude 
approximately three miles of this trail to allow this continued 
recreation opportunity and future reconstruction if needed. 
This change would not alter the wilderness proposal 
significantly, but would allow the current recreation 
opportunity for high-use and large groups along this stretch of 
the Middle Fork Snoqualmie. This adjustment would also reduce 
operation and maintenance costs along this segment of the Pratt 
River Trail as motorized equipment could be used in its 
maintenance.
     The northwestern boundary of the wilderness 
proposal includes two segments of Washington State Department 
of Natural Resources lands totaling about 300 acres. We 
recommend that the boundary of the proposed wilderness be 
adjusted so that only National Forest System lands are 
included.


                         wild and scenic rivers


    This legislation would also designate two rivers as 
additions to the National Wild and Scenic Rivers System: 
approximately 9.5 miles of the Pratt River from its headwaters 
to its confluence with the Middle Fork Snoqualmie River; and 
approximately 27.4 miles of the Middle Fork Snoqualmie River 
from its headwaters to within \1/2\ mile of the Mt. Baker-
Snoqualmie National Forest boundary. Each river was studied in 
the Mt. Baker-Snoqualmie National Forest Plan and determined to 
be a suitable addition to the National Wild and Scenic Rivers 
System. The Pratt River has outstandingly remarkable 
recreation, fisheries, wildlife and ecological values. The 
corridor provides important hiking and fishing opportunities in 
an undeveloped setting. The river supports resident cutthroat 
trout and its corridor contains extensive deer and mountain 
goat winter range and excellent riparian habitat. Its corridor 
retains a diverse riparian forest, including remnant stands of 
low-elevation old-growth.
    The Middle Fork Snoqualmie River also has outstandingly 
remarkable recreation, wildlife and fisheries values. The river 
is within an easy driving distance from Seattle and attracts 
many visitors. It provides important whitewater boating, 
fishing, hiking and dispersed recreation opportunities. The 
river corridor contains extensive deer winter range and 
excellent riparian habitat for numerous wildlife species. This 
is the premier recreational inland-fishing location on the 
National Forest due to it high-quality resident cutthroat and 
rainbow trout populations. Adding these rivers to the National 
Wild and Scenic Rivers System will protect their free-flowing 
condition, water quality and outstandingly remarkable values. 
Designation also promotes partnerships among landowners, river 
users, tribal nations and all levels of government to provide 
for their stewardship. We therefore support the designation of 
these rivers into the National Wild and Scenic River System.
    The Department has one concern with the wild and scenic 
river designations relating to the management of the Middle 
Fork Snoqualmie River Road. We are currently in the process of 
improving this road and feel that this work is needed to 
protect the wild and scenic values associated with this river 
while improving visitor safety and watershed health. 
Approximately 20 years ago, the U.S. Forest Service submitted 
the Middle Fork Road to the Federal Highway Administration for 
reconstruction via their enhancement program. The project has 
been approved, design work is approximately 15% complete, and 
construction is planned for 2011 or 2012. The Federal Highway 
Administration has already expended approximately $3 million to 
date on the project. We would like to work with the committee 
to ensure timely completion of the project.
    This concludes my prepared statement and I would be pleased 
to answer any questions you 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. 721, 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):

                       WILD AND SCENIC RIVERS ACT


             (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 be cited as the ``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:

           *       *       *       *       *       *       *

          (208) Middle Fork Snoqualmie, Washington.--The 27.4-
        mile segment from the headwaters of the Middle Fork 
        Snoqualmie River near La Bohn Gap in NE 1/4 sec. 20, T. 
        24 N., R. 13 E., to the northern boundary of sec. 11, 
        T. 23 N., R. 9 E., to be administered by the Secretary 
        of Agriculture in the following classifications:
                  (A) The approximately 6.4-mile segment from 
                the headwaters of the Middle Fork Snoqualmie 
                River near La Bohn Gap in NE 1/4 sec. 20, T. 24 
                N., R. 13 E., to the west section line of sec. 
                3, T. 23 N., R. 12 E., as a wild river.
                  (B) The approximately 21-mile segment from 
                the west section line of sec. 3, T. 23 N., R. 
                12 E., to the northern boundary of sec. 11, T. 
                23 N., R. 9 E., as a scenic river.
          (209) Pratt River, Washington.--The entirety of the 
        Pratt River in the State ofWashington, located in the 
        Mount Baker-Snoqualmie National Forest, to be 
        administered by the Secretary of Agriculture as a wild 
        river.

           *       *       *       *       *       *       *


                                  
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