[Senate Report 111-151]
[From the U.S. Government Publishing Office]
Calendar No. 301
111th Congress Report
SENATE
2d Session 111-151
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ILLABOT CREEK WILD AND SCENIC RIVER DESIGNATION
_______
March 2, 2010.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1593]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1593) to amend the Wild and Scenic
Rivers Act to designate a segment of Illabot Creek in Skagit
County, Washington, as a component of the National Wild and
Scenic Rivers System, having considered the same, reports
favorably thereon without amendment and recommends that the Act
do pass.
Purpose
The purpose of H.R. 1593 is to amend the Wild and Scenic
Rivers Act to designate a 14.3-mile segment of Illabot Creek in
Skagit County, Washington, as a component of the National Wild
and Scenic Rivers System.
Background and Need
The 14.3-mile segment of Illabot Creek to be designated by
H.R. 1593 is a tributary of the Skagit River, which was added
to the National Wild and Scenic Rivers System in 1978. It is
located on the Mt. Baker-Snoqualmie National Forest,
approximately 100 miles northeast of Seattle, and flows from
the glaciers of the North Cascades into the upper Skagit River,
the largest tributary to the Puget Sound.
Illabot Creek provides an important spawning and rearing
habitat for several species of salmon and trout, including
Puget Sound Chinook salmon, sockeye salmon, Coho salmon, and
native steelhead, and supports the highest density of chum
salmon, pink salmon, and bull trout in the Skagit River
watershed. Several of these species are listed as endangered or
threatened under the Endangered Species Act. Illabot Creek also
provides important winter habitat for one of the largest
concentrations of bald eagles in the continental United States.
Designation of the 14.3-mile segment of Illabot Creek under
the Wild and Scenic Rivers Act will help protect the free-
flowing condition and clean water that Illabot Creek provides
for multiple fish species, and will complement salmon recovery
efforts in the Skagit basin.
Legislative History
H.R. 1593, sponsored by Representative Larsen, passed the
House of Representatives on October 13, 2009, by a voice vote.
Companion legislation, S. 635, was introduced by Senator
Murray on March 18, 2009. Senator Cantwell is a cosponsor. The
Subcommittee on National Parks held a hearing on S. 635 on July
22, 2009 (S. Hrg. 111-129).
At its business meeting on December 16, 2009, the Committee
on Energy and Natural Resources ordered H.R. 1593 favorably
reported without amendment.
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 H.R. 1593.
Section-by-Section Analysis
Section 1 amends section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) to designate a 14.3-mile segment of
Illabot Creek as a component of the National Wild and Scenic
Rivers System. The Secretary of Agriculture is directed to
administer a 4.3 mile segment as a wild river and a 10-mile
segment as a recreational river.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 1593--An act to amend the Wild and Scenic Rivers Act to designate
a segment of Illabot Creek in Skagit County, Washington, as a
component of the National Wild and Scenic Rivers System
H.R. 1593 would designate an additional 14.3 miles of the
Illabot Creek in Washington State as part of the National Wild
and Scenic Rivers System. Based on information provided by the
U.S. Forest Service and assuming the availability of
appropriated funds, CBO estimates that the Forest Service would
spend about $20,000 a year to maintain, protect, and enhance
the creek. Enacting H.R. 1593 would not affect direct spending
or revenues.
H.R. 1593 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.
On October 2, 2009, CBO provided a cost estimate for H.R.
1593 as ordered reported by the House Committee on Natural
Resources on September 10, 2009. The two pieces of legislation
are similar, and the CBO cost estimates are the same.
The CBO staff contact for this estimate is Matthew
Pickford. 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 H.R. 1593.
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 H.R. 1593, as ordered reported.
Congressionally Directed Spending
H.R. 1593, 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 testimony provided by the Forest Service at the July
22, 2009, Subcommittee hearing on S. 635 follows:
Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest
Service, Department of Agriculture
Thank you for inviting me to testify on S. 1270, the Oregon
Caves National Monument Boundary Adjustment Act of 2009, and S.
635, to Amend the Wild and Scenic Rivers Act to Designate A
Segment of Illabot Creek in Skagit County, Washington, as a
component of the National Wild and Scenic Rivers System.
* * * * * * *
S. 635
The Wild and Scenic Rivers Act (16 U.S.C. 1271, et seq.)
protects the free-flowing condition, water quality, and
outstandingly remarkable natural, cultural, and recreational
values of some of our most precious rivers. It also provides an
opportunity to build partnerships among landowners, river
users, tribal nations, and all levels of government.
This bill would amend sec. 3(a) of the Act to designate a
segment of lllabot Creek in Skagit County, Washington, as a
component of the National Wild and Scenic Rivers System. It
adds 14.3 miles in two segments: 4.3 miles from the headwaters
to the Glacier Peak Wilderness boundary classified as wild, and
10 miles from the Glacier Peak Wilderness boundary to 1000 feet
south of the Rockport-Cascade road classified as recreational.
We strongly support the legislation.
The segment to be designated by S. 635 is a tributary of
the Skagit River, which was added to the National Wild and
Scenic Rivers System in 1978. It is located on the Mt. Baker-
Snoqualmie National Forest, approximately 100 miles northeast
of Seattle, Washington and flows from the glaciers of the North
Cascades into the upper Skagit River, the largest tributary to
Puget Sound.
Illabot Creek provides exceptional spawning and rearing
habitat for summer and fall Chinook, coho, chum and pink
salmon; native steelhead; and, one of the largest populations
of bull trout in the Skagit River watershed. Puget Sound
Chinook, steelhead and bull trout are listed under the
Endangered Species Act. Illabot Creek also supports the highest
density of chum and pink salmon in the Skagit River watershed
and provides habitat for wintering bald eagles. Eagles using
the Illabot roost are a part of one of the largest
concentration of wintering bald eagles in the continental
United States.
Mr. Chairman, we recommend the Subcommittee consider
designating all of Illabot Creek, from its headwaters to its
confluence with the Skagit River (16.3 miles) as recommended in
the Mt. Baker-Snoqualmie National Forest Plan (June 1990). This
includes the lower 2 miles, classified as a recreational river,
of which approximately 1.4 miles is in the Skagit Wild and
Scenic River Corridor. With the designation of Illabot Creek as
proposed in S. 635, only 0.6 mile is not included in either
Illabot Creek Wild and Scenic River or the existing Skagit Wild
and Scenic River corridor. The lower 2 miles includes some of
the most important fish spawning habitat and an important
foraging and roosting area for wintering bald eagles. Much of
this area is in the Skagit River Bald Eagle Natural Area and
dedicated to resource protection.
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
H.R. 1593 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:
* * * * * * *
( ) Illabot Creek, Washington.--
(A) The 14.3 mile segment from the headwaters
of Illabot Creek to the northern terminus as
generally depicted on the map titled ``Illabot
Creek Proposed WSR--Northern Terminus'', dated
September 15, 2009, to be administered by the
Secretary of Agriculture as follows:
(i) The 4.3 mile segment from the
headwaters of Illabot Creek to the
boundary of Glacier Peak Wilderness
Area as a wild river.
(ii) The 10 mile segment from the
boundary of Glacier Peak Wilderness to
the northern terminus as generally
depicted on the map titled ``Illabot
Creek Proposed WSR--Northern
Terminus'', dated September 15, 2009,
as a recreational river.
(B) Action required to be taken under
subsection (d)(1) for the river segments
designated under this paragraph shall be
completed through revision of the Skagit Wild
and Scenic River comprehensive management plan.
* * * * * * *