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