[House Report 111-291]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-291
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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
_______
October 8, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1593]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (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, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.
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:
``(___) Illabot creek, washington.--
``(A) The 14.3 mile segment from the headwaters of
Illabot Creek to the north 1/16 line of section 34,
township 35 north, range 10 east, Willamette Meridian,
excepting any lands north of a line 200 feet southerly
and perpendicular to the southerly right-of-way line of
the Rockport-Cascade Road, through lands of the United
States, the Washington State Department of Natural
Resources, and lands owned by, or administered by
agencies of, the City of Seattle, excepting any lands
under any private ownership 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 north 1/16 line
of section 34, township 35 north, range 10
east, Willamette Meridian, excepting any lands
north of a line 200 feet southerly and
perpendicular to the southerly right-of-way
line of the Rockport-Cascade Road 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.''.
Purpose of the Bill
The purpose of H.R. 1593 is 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.
Background and Need for Legislation
The U.S. Forest Service studied Illabot Creek for potential
Wild and Scenic River designation as part of the Mt. Baker-
Snoqualmie National Forest planning process. The study found
that the creek possesses ``outstandingly remarkable values''
due to its fish populations and the presence of extraordinary
wildlife in the surrounding habitat. For example, a bald eagle
communal night roost is located in the river, and the creek is
important habitat for bear, beaver, otter, black-tailed deer,
Roosevelt elk, spotted owls, and mountain goats.
Mt. Baker-Snoqualmie National Forest administers the
Glacier Peak Wilderness, which contains the upper five miles of
the creek. If the creek were to be designated, it would extend
the existing designated Skagit National Wild and Scenic River
(established in Section 703 of Public Law 95-625).
The bill would designate a 4.3-mile segment as a wild river
and a 10-mile segment as a recreational river. Nothing in H.R.
1593 would give the Forest Service authority to regulate the
use of private lands.
Committee Action
H.R. 1593 was introduced by Representative Rick Larsen (D-
WA) on March 18, 2009. 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
July 8, 2009 the Subcommittee held a hearing on the bill. The
administration testified in favor of H.R. 1593.
On September 10, 2009, the Subcommittee was discharged from
further consideration of H.R. 1593 and the full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Raul Grijavla (D-AZ) offered an amendment in the
nature of a substitute to more specifically describe the
segment of the river to be designated. The amendment was agreed
to by unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
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.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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 budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
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 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.
4. Congressional Budget Office Cost Estimate. 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. 1593--A bill 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.
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 Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 1593 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
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):
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:
(1) * * *
* * * * * * *
(___) Illabot creek, washington.--
(A) The 14.3 mile segment from the headwaters
of Illabot Creek to the north 1/16 line of
section 34, township 35 north, range 10 east,
Willamette Meridian, excepting any lands north
of a line 200 feet southerly and perpendicular
to the southerly right-of-way line of the
Rockport-Cascade Road, through lands of the
United States, the Washington State Department
of Natural Resources, and lands owned by, or
administered by agencies of, the City of
Seattle, excepting any lands under any private
ownership 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
north 1/16 line of section 34, township
35 north, range 10 east, Willamette
Meridian, excepting any lands north of
a line 200 feet southerly and
perpendicular to the southerly right-
of-way line of the Rockport-Cascade
Road 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.
* * * * * * *