[Senate Report 111-132]
[From the U.S. Government Publishing Office]
Calendar No. 282
111th Congress Report
SENATE
2d Session 111-132
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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.
* * * * * * *