[House Report 112-532]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-532

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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

                                _______
                                

 June 15, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2352]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 2352) 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. 2352 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 floodplain 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 a pre-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. The action to ensure 
continuance of the road in this legislation was careful and 
deliberate, and was taken to ensure public access in an area 
that would have more limited access options due to the 
wilderness designation.
    Until 2003, the park provided shuttle 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. Since 
these floods, the road has been impassible for vehicles above 
what used to be the halfway point. The public access 
specifically provided for and protected by the 1988 law has 
been voided by the destruction of the road.
    Due to the wilderness designation, the Secretary of the 
Interior says that the U.S. Park Service is unable to rebuild 
the road. H.R. 2352 is necessary to simply allow the Secretary 
of the Interior the ability to rebuild an adequate road that 
can be successfully maintained, thereby upholding the promise 
made in 1988.

                            Committee Action

    H.R. 2352 was introduced on June 24, 2011, by Congressman 
Doc 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. On September 15, 
2011, the Subcommittee held a hearing on the bill. On October 
5, 2011, the Full Natural Resources Committee met to consider 
the bill. The Subcommittee on National Parks, Forests and 
Public Lands was discharged by unanimous consent. Congressman 
Raul Grijalva (D-AZ) offered amendment designated .977; the 
amendment was withdrawn. The bill was then ordered favorably 
reported to the House of Representatives by voice vote.

            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.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 2352--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. 2352 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 about $3 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 $2.5 
million would be spent to build the new road segment and 
restore the remaining portion of the existing road. Enacting 
H.R. 2352 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    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 Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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 credit 
authority, or an increase or decrease in revenues or tax 
expenditures. Based on information provided by the National 
Park Service and assuming appropriation of the necessary 
amounts, CBO estimates that completing the rerouting project 
would cost about $3 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 $2.5 million would be spent to 
build the new road segment and restore the remaining portion of 
the existing road.
    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 floodplain while 
ensuring that there is no net loss of acreage to the Park or 
the Wilderness.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                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.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    H.R. 2352 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 a July 30, 2009 hearing before the Subcommittee 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 Park visitors and local residents, 
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 to the 2009 Subcommittee hearing 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. 2352 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.
    Approval of H.R. 2352 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. 2352 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. Promises 
made during the creation of wilderness areas must be upheld, or 
the possible designation of new wilderness will become all the 
more difficult.

                                                      Doc Hastings.
                              ----------                              

                                         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 H.R. 
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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