[House Report 112-532]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-532
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AUTHORIZING THE SECRETARY OF THE INTERIOR TO ADJUST THE BOUNDARY OF THE
STEPHEN MATHER WILDERNESS AND THE NORTH CASCADES NATIONAL PARK IN ORDER
TO ALLOW THE REBUILDING OF A ROAD OUTSIDE OF THE FLOODPLAIN WHILE
ENSURING THAT THERE IS NO NET LOSS OF ACREAGE TO THE PARK OR THE
WILDERNESS, AND FOR OTHER PURPOSES
_______
June 15, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2352]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2352) to authorize the Secretary of the Interior to
adjust the boundary of the Stephen Mather Wilderness and the
North Cascades National Park in order to allow the rebuilding
of a road outside of the floodplain while ensuring that there
is no net loss of acreage to the Park or the Wilderness, and
for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Bill
The purpose of H.R. 2352 is to authorize the Secretary of
the Interior to adjust the boundary of the Stephen Mather
Wilderness and the North Cascades National Park in order to
allow the rebuilding of a road outside of the floodplain while
ensuring that there is no net loss of acreage to the Park or
the Wilderness.
Background and Need for Legislation
The Stephen Mather Wilderness was designated in 1988 as
part of the Washington Park Wilderness Act (Public Law 100-
668). Excluded from the wilderness area was a 100-foot corridor
for a pre-existing dirt road that followed the Stehekin River
for 23 miles from Lake Chelan into the wilderness, providing
limited vehicle access to trails and campgrounds in that
portion of the wilderness. The road dead-ended at a campground
and trailhead to a scenic basin and pass. The action to ensure
continuance of the road in this legislation was careful and
deliberate, and was taken to ensure public access in an area
that would have more limited access options due to the
wilderness designation.
Until 2003, the park provided shuttle service along the
road for hikers and campers, who could only reach the road by
passenger ferry or floatplane. Local residents, who retained
property and small businesses inside the park and the adjoining
Lake Chelan National Recreation Area, also used the road for
recreation.
Damage to the road from a 1995 flood was repaired, except
for a 2.5 mile section at the very end of the road, but in 2003
and again in 2006 major flooding along the river washed out
significant portions of the road in the upper valley. Since
these floods, the road has been impassible for vehicles above
what used to be the halfway point. The public access
specifically provided for and protected by the 1988 law has
been voided by the destruction of the road.
Due to the wilderness designation, the Secretary of the
Interior says that the U.S. Park Service is unable to rebuild
the road. H.R. 2352 is necessary to simply allow the Secretary
of the Interior the ability to rebuild an adequate road that
can be successfully maintained, thereby upholding the promise
made in 1988.
Committee Action
H.R. 2352 was introduced on June 24, 2011, by Congressman
Doc Hastings (R-WA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. On September 15,
2011, the Subcommittee held a hearing on the bill. On October
5, 2011, the Full Natural Resources Committee met to consider
the bill. The Subcommittee on National Parks, Forests and
Public Lands was discharged by unanimous consent. Congressman
Raul Grijalva (D-AZ) offered amendment designated .977; the
amendment was withdrawn. The bill was then ordered favorably
reported to the House of Representatives by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 2352--A bill to authorize the Secretary of the Interior to adjust
the boundary of the Stephen Mather Wilderness and the North
Cascades National Park in order to allow the rebuilding of a
road outside of the floodplain while ensuring that there is no
net loss of acreage to the Park or the Wilderness, and for
other purposes
H.R. 2352 would allow the Secretary of the Interior to
redraw the boundary of the Stephen Mather Wilderness (which
makes up more than 90 percent of the North Cascades National
Park in Washington) to exclude a 100-foot wide corridor. The
National Park Service (NPS) would use the corridor (which would
remain in the park) to reroute a flood-damaged portion of the
Stehekin Valley Road.
Based on information provided by the NPS and assuming
appropriation of the necessary amounts, CBO estimates that
completing the rerouting project would cost about $3 million
over the next five years. Of this amount, about $500,000 would
be spent to conduct an environmental impact study of the
boundary change and the construction project. About $2.5
million would be spent to build the new road segment and
restore the remaining portion of the existing road. Enacting
H.R. 2352 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
The bill 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 Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new credit
authority, or an increase or decrease in revenues or tax
expenditures. Based on information provided by the National
Park Service and assuming appropriation of the necessary
amounts, CBO estimates that completing the rerouting project
would cost about $3 million over the next five years. Of this
amount, about $500,000 would be spent to conduct an
environmental impact study of the boundary change and the
construction project. About $2.5 million would be spent to
build the new road segment and restore the remaining portion of
the existing road.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior to adjust the boundary of the Stephen Mather
Wilderness and the North Cascades National Park in order to
allow the rebuilding of a road outside of the floodplain while
ensuring that there is no net loss of acreage to the Park or
the Wilderness.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
WASHINGTON PARK WILDERNESS ACT OF 1988
* * * * * * *
TITLE II--NORTH CASCADES NATIONAL PARK SERVICE COMPLEX WILDERNESS
* * * * * * *
SEC. 207. BOUNDARY ADJUSTMENTS FOR ROAD.
(a) In General.--The Secretary may adjust the boundaries of
the North Cascades National Park and the Stephen Mather
Wilderness in order to provide a 100-foot-wide corridor along
which the Stehekin Valley Road may be rebuilt--
(1) outside of the floodplain between milepost 12.9
and milepost 22.8;
(2) within the boundaries of the North Cascades
National Park; and
(3) outside of the boundaries of the Stephen Mather
Wilderness.
(b) No Net Loss of Lands.--The boundary adjustments made
under this section shall be such that equal acreage amounts are
exchanged between the Stephen Mather Wilderness and the North
Cascades National Park, resulting in no net loss of acreage to
either the Stephen Mather Wilderness or the North Cascades
National Park.
* * * * * * *
ADDITIONAL VIEWS
H.R. 2352 is a limited bill that allows for continued
public access to the North Cascades National Park from the
community of Stehekin, Washington.
Stehekin, located at the western end of Lake Chelan, is the
gateway to the North Cascades National Park and is accessible
only by boat, floatplane, or a multi-day hike. From the town of
Stehekin, the Stehekin Valley Road has long allowed residents
and visitors to access some of the most beautiful scenery in
the North Cascades in what is now the Park's Stephen Mather
Wilderness.
At a July 30, 2009 hearing before the Subcommittee on
National Parks, Forests and Public Lands, the Subcommittee
heard testimony from local officials on how flood damage to the
upper Stehekin Road has limited public recreational access to
the North Cascades National Park Complex. This reduced access
has been particularly painful for the small, tourist-dependent
community of Stehekin which serves as the gateway to the Park.
Recognizing its value to Park visitors and local residents,
the Road was specifically protected when the Park and
Wilderness areas were created. Stehekin Road has for many years
been maintained and run by Park officials, but following
extreme flooding and subsequent changes in the course of the
river, much of the Road bed is now under water. Because the
Road occupies a narrow corridor within the borders of the
Wilderness Area, congressional approval is required to modify
the corridor prior to the Park Service rebuilding the road.
During legislative consideration of the Park's creation in
1988, Congress determined that Stehekin Road would remain
exempt from the restrictions of other wilderness areas.
Otherwise, no cars, mountain bikes or other mechanized vehicles
would have been allowed to transport area residents or Park
visitors to the wilderness areas north of the Stehekin
community. Former U.S. Senator and Washington Governor Dan
Evans, the author of the 1988 Act creating the Park, submitted
written testimony to the 2009 Subcommittee hearing that it was
Congress' intent to allow for continued road access into the
Park.
As the Stehekin River has shifted and damaged the road, the
Park Service has been unable to rebuild the road out of the
path of the river because of the narrow road corridor in the
original Park designation. H.R. 2352 would simply allow the
Secretary limited authority to adjust the road corridor out of
the path of the Stehekin River, with no net loss of land to
either the Park or the Stephen Mather Wilderness. These changes
and road rebuilding would still be subject to review and
comment under the National Environmental Policy Act.
Approval of H.R. 2352 will serve as a reminder to the Park
Service that ensuring public access to the National Park System
remains a high priority and it will ensure that we keep our
nation's commitment to the residents of Stehekin. Moreover,
H.R. 2352 accomplishes these goals without any net loss to the
Park or the Wilderness, and ensures adequate public and
environmental review before any changes take place. Promises
made during the creation of wilderness areas must be upheld, or
the possible designation of new wilderness will become all the
more difficult.
Doc Hastings.
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Seattle, WA, July 7, 2009.
Hon. Raul M. Grijalva,
Chairman, Subcommittee on National Parks, Forests and Public Land,
Committee on Natural Resources, Washington, DC.
Dear Mr. Chairman: I am pleased to write in favor of H.R.
2806 sponsored by Representative Doc Hastings of the state of
Washington. I believe his proposal for reconstruction of the
Upper Stehekin road is both desirable and vital for appropriate
access to portions of the North Cascade National Park.
Before speaking on the particulars of the road
reconstruction let me establish my credentials for testifying
on this measure. I served as United States Senator for the
state of Washington from 1983 to 1989. During that time I
served as a member of the Energy and Natural Resources
Committee of the Senate, which has jurisdiction over our
National Park system. While on the committee I initiated and
became prime sponsor of a bill to create wilderness areas
within the three national parks of Washington state, Olympic,
Rainier, and North Cascades. It was my intent to ensure that
undue development would not occur within those national parks.
I also recognized that access to trails and vistas within those
parks was vital and carefully excluded those road rights-of-way
from wilderness boundaries. Normally, road reconstruction and
minor relocation would be accommodated within these 100 foot
right of ways but on rare occasions natural catastrophes could
require modification of wilderness boundaries to allow road
relocations.
For almost 70 years I have hiked and climbed in the
National Parks of Washington state and have a strong and
continuing desire to maintain their integrity. I am very
familiar with the area in question and have ridden the road
from Stehekin to trailheads where I have embarked on extensive
hiking and climbing trips. If this road is not rebuilt, access
to extraordinary wilderness experiences will be substantially
more difficult. Almost a full days' hike will be necessary to
reach what once were trailheads giving mountain access.
I believe very strongly that continued protection of our
wilderness National Parks depends on the active support of
visitors, hikers, and climbers who act as champions for our
National Parks. If we make access substantially more difficult
we reduce the number of visitors and ultimately the numbers of
citizens and taxpayers who know enough about these parks to
want to protect them.
It was my intent when I sponsored the Park Wilderness Bill
of 1988 to protect the unique features of these splendid Parks
but not to make access more difficult for those seeking the
unusual experience of a wilderness Park. I believe that in this
instance an alternative route along the Old Wagon Road would
maintain the appropriate access and that portions of the
current road could revert to wilderness category with no net
loss of wilderness area. I strongly urge the passage of H.R.
2806 and believe it is compatible with the original bill I
sponsored in 1988.
I thank you for your attention to this matter and hope that
it can be resolved promptly and successfully.
Sincerely,
Daniel J. Evans,
U.S. Senator 1983-1989.