[Senate Report 115-67]
[From the U.S. Government Publishing Office]
Calendar No. 85
115th Congress } { Report
SENATE
1st Session } { 115-67
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TO AUTHORIZE THE SECRETARY OF AGRICULTURE TO MAINTAIN OR REPLACE
CERTAIN FACILITIES AND STRUCTURES FOR COMMERICAL RECREATION SERVICES AT
SMITH GULCH IN IDAHO, AND FOR OTHER PURPOSES
_______
May 16, 2017.--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. 590]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 590) 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 without amendment and recommends that
the bill do pass.
PURPOSE
The purpose of S. 590 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 (section 340 of 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
Senators Risch and Crapo introduced S. 590 on March 9,
2017.
On March 9, 2017, an identical bill, H.R. 1482 was
introduced in the House by Representative Simpson.
In the 114th Congress, S. 1777, similar legislation, 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. The Committee on Energy
and Natural Resources met in open business session on July 13,
2016, and ordered S. 1777 favorably reported as amended (S.
Rept. 114-319). In the House of Representatives, Representative
Simpson introduced a similar bill, H.R. 2312, on May 13, 2015.
In the 113th Congress, Representative Simpson introduced a
similar measure, 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.
The Committee on Energy and Natural Resources met in open
business session on March 30, 2017, and ordered S. 590
favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on March 30, 2017, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
590.
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:
S. 590 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 2028.
S. 590 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 H. Samuel Papenfuss, 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. 590. 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. 590, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 590, 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
Because S. 590 is similar to legislation considered by the
Committee in the 114th Congress, the Committee did not request
Executive Agency views. The testimony provided by the U.S.
Forest Service at the hearing before the Subcommittee on Public
Lands, Forests, and Mining hearing on April 21, 2016, 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. 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.
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