[Senate Report 114-319]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 592

114th Congress  }                                             { Report
                                 SENATE
 2d Session     }                                             { 114-319

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

 
  MAINTENANCE OF COMMERICAL RECREATION SERVICES AT SMITH GULCH, IDAHO

                                _______
                                

               September 6, 2016.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 1777]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1777) to amend the Wild and Scenic Rivers 
Act to authorize the Secretary of Agriculture to maintain or 
replace certain facilities and structures for commercial 
recreation services at Smith Gulch in Idaho, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment in the nature of a substitute and an 
amendment to the title and recommends that the bill, as 
amended, do pass.
    The amendments are as follows:
    1. Strike all after the enacting clause and insert the 
following:

SECTION 1. MAINTENANCE OR REPLACEMENT OF FACILITIES AND STRUCTURES AT 
                    SMITH GULCH.

    The authorization of the Secretary of Agriculture to maintain or 
replace facilities or structures for commercial recreation services at 
Smith Gulch under section 3(a)(24)(D) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)(24)(D))--
          (1) may include improvements or replacements that the 
        Secretary of Agriculture determines--
                  (A) are consistent with section 9(b) of the Central 
                Idaho Wilderness Act of 1980 (16 U.S.C. 1281 note; 
                Public Law 96--312); and
                  (B) would reduce the impact of the commercial 
                recreation facilities or services on wilderness or wild 
                and scenic river resources and values; and
          (2) authorizes the Secretary of Agriculture to consider 
        including, as appropriate--
                  (A) hydroelectric generators and associated 
                electrical transmission facilities;
                  (B) water pumps for fire suppression;
                  (C) transitions from propane to electrical lighting;
                  (D) solar energy systems;
                  (E) 6-volt or 12-volt battery banks for power 
                storage; and
                  (F) other improvements or replacements which are 
                consistent with this section that the Secretary of 
                Agriculture determines appropriate.
    2. Amend the title so as to read: ``A bill to authorize the 
Secretary of Agriculture to maintain or replace certain 
facilities and structure for commercial recreation services at 
Smith Gulch in Idaho, and for other purposes.''.

                                PURPOSE

    The purpose of S. 1777 is to authorize the Secretary of 
Agriculture to maintain or replace certain facilities and 
structures for commercial recreation services at Smith Gulch in 
Idaho.

                          BACKGROUND AND NEED

    Smith Gulch is located within the main Salmon Wild River 
corridor in the Frank Church-River of No Return Wilderness in 
Idaho. Both the Wild and Scenic River and Wilderness were 
designated in the Central Idaho Wilderness Act of 1980 (16 
U.S.C. 1132). The Act mandates that the main Salmon River 
corridor be managed according to the requirements of the Wild 
and Scenic Rivers Act.
    In 2004, Congress amended the Wild and Scenic Rivers Act 
(16 U.S.C. 1271 et seq.) to direct the U.S. Forest Service 
(USFS) to continue the established use and occupancy of three 
commercial recreation services including the services at Smith 
Gulch (Public Law 108 447). Currently, the USFS does not 
interpret the 2004 Act as providing the authority to allow the 
Lodge at Smith Gulch to make improvements or replacements to 
the facilities and structures needed to provide recreational 
services that require the use of certain mechanized equipment.

                          LEGISLATIVE HISTORY

    S. 1777 was introduced by Senators Risch and Crapo on July 
15, 2015. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 1777 on April 21, 2016.
    In the 113th Congress, Representative Simpson introduced a 
bill similar to S. 1777, H.R. 4283. The Subcommittee on Public 
Lands and Environmental Regulation held a hearing on H.R. 4283 
on June 10, 2014. The Committee on Natural Resources reported 
H.R. 4283 favorably with an amendment in the nature of a 
substitute on June 19, 2014. The House of Representatives 
passed H.R. 4283, as amended, by a vote of 398-1 on September 
8, 2015. No similar legislation was introduced in the Senate 
during the 113th Congress.
    In the House of Representatives, Representative Simpson 
introduced a similar bill, H.R. 2312, on May 13, 2015.
    The Committee on Energy and Natural Resources met in open 
business session on July 13, 2016, and ordered S. 1777 
favorably reported as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 13, 2016, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
1777, if amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 1777, the Committee adopted 
an amendment in the nature of a substitute and an amendment to 
the title.
    The amendment in the nature of a substitute would provide 
clarification that the authorization of the Secretary of 
Agriculture to maintain or replace facilities and structures 
for commercial services at Smith Gulch under the Wild and 
Scenic Rivers Act may include improvements or replacements that 
are consistent with the Central Idaho Wilderness Act and would 
reduce impacts on wilderness or wild and scenic river resources 
and values. In addition, the amendment authorizes the Secretary 
to consider including certain other improvements or 
replacements listed in the amendment or other improvements or 
replacements that the Secretary deems appropriate. The 
amendment does not amend the Wild and Scenic Rivers Act as the 
original bill did.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Maintenance or replacement of facilities and structures at 
        Smith Gulch

    Section 1 provides clarification that the authorization of 
the Secretary of Agriculture to maintain or replace facilities 
and structures for commercial services at Smith Gulch under the 
Wild and Scenic Rivers Act may include improvements or 
replacements that are consistent with the Central Idaho 
Wilderness Act of 1980 and would reduce impacts on wilderness 
or wild and scenic river resources and values. Section 1 also 
authorizes the Secretary to consider including, as appropriate, 
certain other improvements or replacements including 
hydroelectric generators and associated electrical transmission 
facilities; water pumps for fire suppression, transitions from 
propane to electrical lighting; solar energy systems; 6-volt or 
12-volt battery banks for power storage; and other improvements 
or replacements that are consistent with these that the 
Secretary deems appropriate.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 8, 2016.
Hon. Lisa Murkowski, Chairman, 
Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1777, a bill to 
amend the Wild and Scenic Rivers Act to authorize the Secretary 
of Agriculture to maintain or replace certain facilities and 
structures for commercial recreation services at Smith Gulch in 
Idaho, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                             Mark P. Hadley
                                                  (For Keith Hall).
    Enclosure.

S. 1777--A bill to amend the Wild and Scenic Rivers Act to authorize 
        the Secretary of Agriculture to maintain or replace certain 
        facilities and structures for commercial recreation services at 
        Smith Gulch in Idaho, and for other purposes

    S. 1777 would authorize the Forest Service to allow three 
providers of commercial recreation services in the Salmon-
Challis National Forest in Idaho to construct or improve 
certain facilities. Those recreation services currently operate 
under special use permits that do not allow those types of 
projects. Under the bill, if the operators of those recreation 
services request authorization to undertake those projects, the 
agency would be required to conduct environmental reviews. Any 
costs to carry out those reviews would be covered by cost-
recovery fees assessed on the recreation services.
    Based on information provided by the Forest Service, CBO 
estimates that enacting the bill would increase offsetting 
receipts from cost-recovery fees and associated direct 
spending; therefore, pay-as-you-go procedures apply. However, 
CBO estimates that any net effect on direct spending would be 
negligible. Enacting the bill would not affect revenues.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2027.
    S. 1777 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 Jeff LaFave. The 
estimate was approved by Theresa Gullo, 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. 1777. 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. 1777, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1777, as ordered 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 testimony provided by the U.S. Forest Service at the 
April 21, 2016, Subcommittee on Public Lands, Forests, and 
Mining hearing on S. 1777 follows:

 Statement of Glenn Casamassa, Associate Deputy Chief, National Forest 
      System, U.S. Forest Service, U.S. Department of Agriculture

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to present the views of the U.S. Department of 
Agriculture (USDA) regarding S. 1777, To amend the Wild and 
Scenic Rivers Act.
    The Department opposes S. 1777 because it would create a 
negative precedent for other commercial recreation service 
providers on wild and scenic rivers across the nation. We hope 
to work with Senator Risch and Senator Crapo to find a solution 
that is mutually beneficial to their constituents and the 
Forest Service.
    More than 200 rivers in 40 states and the Commonwealth of 
Puerto Rico comprise the National Wild and Scenic River System. 
More than 12,000 river miles are protected reflecting 
tremendous geographic diversity, from the remote rivers of 
Alaska, Idaho and Oregon to rivers threading through the rural 
countryside of Massachusetts, New Hampshire, and Ohio.
    Smith Gulch is located within the Main Salmon Wild River 
corridor, located within the Frank Church-River of No Return 
Wilderness in Idaho. Both the Wild River and Wilderness were 
designated as such by the Central Idaho Wilderness Act of 1980 
(16 U.S.C. 1132). The Act mandates that the Main Salmon River 
corridor be managed according to the requirements of the Wild 
and Scenic Rivers Act.
    Public Law 108-447, enacted in 2004, amended the Wild and 
Scenic Rivers Act, 16 U.S.C. Sec. 1274(a)(24)(D), and directed 
that the Forest Service continue to authorize the established 
use and occupancy of three commercial recreation services 
within the Main Salmon River Corridor, including the services 
at Smith Gulch. Such continued authorization is to be subject 
to such reasonable regulation as the Secretary deems 
appropriate, including rules that would provide for revocation 
for noncompliance, and upon revocation, reoffering the 
concession through a competitive process.
    The facilities and structures for commercial recreation 
services at Smith Gulch in Idaho are authorized and operated 
under a 20-year Term Special Use permit to River of No Return 
Lodge, Inc. (Permit #NFK299), issued and administered by the 
Salmon-Challis National Forest. The current permit authorizes 
gas-powered water pumps for emergency fire suppression. The 
permit is authorized under the authority of the Act of March 4, 
1915, as amended July 28, 1956, (16 U.S.C. 497). This permit is 
issued with provisions and terms similar to those of recreation 
facilities throughout the National Forest System. The permit 
takes into account the location and surroundings of facilities 
and improvements, the public values affected by such an 
operation, and any specific public health and safety concerns.
    The Forest Service has in place appropriate policies to 
accommodate the needs of a recreation service business 
operating at this location. Consistent with statutory guidance, 
the policies allow for such facilities and structures needed to 
provide the authorized recreation services. Smith Gulch 
operates under these policies and requirements; just as other 
similarly authorized businesses within the Main Salmon Wild 
River Corridor. For example, the management plan for the Frank 
Church River of No Return Wilderness already allows for the use 
of chainsaws in the Salmon River corridor by permit; the Smith 
Gulch operation has obtained such a permit annually.
    The Department encourage the operators of the recreation 
service business at Smith Gulch to work with the appropriate 
local Forest Service officials to resolve any issues related to 
their utilizing existing agency regulations, policies and 
authorities. Allowing new facilities at this operation, 
including those that do not conform with the Wilderness Act and 
the Wild and Scenic Rivers Act, opens the door to others 
seeking similar exceptions in the wild river corridor of the 
Main Salmon River, elsewhere in the Frank Church-River of No 
Return Wilderness. The Department believes that this would 
create an undesirable precedent for the National Wild and 
Scenic Rivers System.
    This concludes my remarks. I would be happy to answer any 
questions. Thank you for the opportunity to testify.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill as ordered 
reported.

                                  [all]