[Senate Report 113-17]
[From the U.S. Government Publishing Office]
Calendar No. 48
113th Congress Report
SENATE
1st Session 113-17
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ALPINE LAKES WILDERNESS ADDITIONS AND PRATT AND MIDDLE FORK SNOQUALMIE
RIVERS PROTECTION ACT
_______
April 22, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 112]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 112) 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 without amendment and recommends that
the bill do pass.
Purpose
The purpose of S. 112 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 Rivers 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. 112 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 additions 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. 112 also would designate two rivers as components of the
Wild and Scenic Rivers 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. 112 was introduced by Senators Murray and Cantwell on
January 23, 2013. At its business meeting on March 14, 2013,
the Committee ordered S. 112 favorably reported.
During the 112th Congress the Committee considered similar
legislation, S. 322, also sponsored by Senators Murray and
Cantwell. The Subcommittee on Public Lands and Forests held a
hearing on the bill on May 18, 2011 (S. Hrg. 112-39). At its
business meeting on November 10, 2011, the Committee on Energy
and Natural Resources ordered S. 322 favorably reported without
amendment (S. Rept 112-108). The Committee also held a hearing
on S. Hrg. 111-223) and reported a similar bill (S. 721) by
voice vote in the 111th Congress (S. Rept. 111-132).
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on March 14, 2013 by a voice vote of a quorum
present, recommends that the Senate pass S. 112.
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 additions to the Alpine Lakes Wilderness. The
boundaries of the wilderness additions are generally depicted
on the referenced map, including a 200-foot set-back from the
National Forest boundary adjacent to the Goldmyer Hot Springs
property. The boundary of the wilderness also is set-back to
provide greater flexibility in managing the Middle Fork
Snoqualmie River Trail, which runs parallel to the wilderness
outside its boundary, as was suggested by the Department of
Agriculture.
Subsection (b) provides for the management of the
wilderness additions in accordance with the Wilderness Act and
directs the Secretary of Agriculture to prepare and file
official maps and legal descriptions of the wilderness
additions.
Subsection (c) provides that any land or interests in land
that are acquired within the boundary of the wilderness
additions 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 Rivers 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.''
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.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 112--Alpine Lakes Wilderness Additions and Pratt and Middle Fork
Snoqualmie Rivers Protection Act
S. 112 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 waterways in the
area as wild or scenic rivers. Based on information provided by
the Forest Service, which administers most of the affected
land, and assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 112 would cost less than
$300,000 over the 2014-2018 period. Enacting the legislation
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
CBO estimates that completing a management plan for the
waterways added by S. 112 to the Wild and Scenic Rivers System
would cost about $250,000 within two years. We expect that any
costs to revise brochures, maps, and signs to reflect the new
designations would not be significant 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 generate no receipts, and CBO expects that they would
not generate receipts over the next 10 years.
S. 112 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 Jeff LaFave. 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. 112.
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. 112, as ordered reported.
Congressionally Directed Spending
S. 112, 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
Executive Communications were not requested by the Senate
Committee on Energy and Natural Resources in the 113th
Congress.
The views of the Administration were included in testimony
received by the Committee at the May 18, 2011, hearing (S. Hrg.
112-39), which is provided below.
Statement of Mary Wagner, Associate Chief, Forest Service, Department
of Agriculture
Mr. Chairman and members of the Subcommittee, I am Mary
Wagner, Associate Chief of the Forest Service. Thank you for
the opportunity to provide the views of the Department of
Agriculture on S. 322, the Alpine Lakes Wilderness Additions
and Pratt and Middle Fork Snoqualmie Rivers Protection Act.
This legislation would designate approximately 22,173 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 that although
we have completed suitability studies for the wild and scenic
rivers, we have not completed a wilderness evaluation of the
area to be designated under this bill. The area that would be
designated wilderness is currently managed in an undeveloped
manner as late Successional Reserve under the Northwest Forest
Plan. A wilderness designation would be compatible in this
area. We thank the delegation for its collaborative approach
and local involvement that have contributed to this bill.
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.
These lands have not been analyzed as part of the forest plan
to determine their suitability to be designated wilderness.
However, the Forest Service would support their designation
with a few technical adjustments.
We would like to work with the subcommittee to address some
technical aspects of the bill. These include:
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 currently undergoing
reconstruction by contract and volunteer crews. The Department
suggests that the wilderness boundary be drawn to exclude
approximately three miles of this trail so that wilderness use
limitations relating to solitude do not factor into future
management concerns that may limit public access to this area.
This change would not alter the wilderness proposal
significantly, but would allow the current recreation
opportunities for high-use and large groups along this stretch
of the Middle Fork Snoqualmie to continue. This adjustment also
would reduce operation and maintenance costs along this segment
of the Pratt River Trail as it would ease any future
reconstruction efforts and allow for motorized equipment to 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, as the legislation does not include authority for
these lands to be acquired from the State of Washington.
In T. 23 N, R.10 E, Section 24, there are two
Forest Development Roads proposed for decommissioning. It is
likely that the decommissioning project will require the use of
motorized equipment to help restore the wilderness setting. We
anticipate analyzing the use of motorized equipment under the
Forest Service's minimum requirements analysis process.
S. 322 also would 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 its 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 30% complete, and
construction is planned for 2013 or 2014. The Federal Highway
Administration has already expended approximately $3.2 million
to date on the project. We would like to work with the
committee to ensure timely completion of the project and assure
long-term maintenance of the road.
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. 322, 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 of Washington, located in the
Mount Baker-Snoqualmie National Forest, to be
administered by the Secretary of Agriculture as a wild
river.
* * * * * * *