[Senate Report 108-136]
[From the U.S. Government Publishing Office]
Calendar No. 260
108th Congress Report
SENATE
1st Session 108-136
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OUTFITTER HUNTING CAMPS ON THE SALMON RIVER
_______
August 26, 2003--Ordered to be printed
Filed, under authority of the order of the Senate of July 29
(legislative day, July 21), 2003
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1003]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1003) to clarify the intent of Congress
with respect to the continued use of established commercial
outfitter hunting camps on the Salmon River, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
On page 1, line 7, insert ``as of June 6, 2003,'' after
``occupancy''.
Purpose of the Measure
S. 1003 amends section 3(a)(24) of the Wild and Scenic
Rivers Act to authorize the established use and occupancy of
three commercial outfitter hunting camps on the Salmon River in
Idaho.
Background and Need
Public Law 96-312, the Central Idaho Wilderness Act (CIWA)
of 1980, designated over two million acres of the Idaho back
country as the ``River of No Return Wilderness'' and 79 miles
of the Salmon river as a ``wild'' component of the Wild and
Scenic Rivers Act. The CIWA included a finding that ``such
protection can be provided without conflicting with established
uses.'' Section 9(b) of the CIWA states that the river corridor
is to be managed under the Wild and Scenic Rivers Act, rather
than the more restrictive provisions of the Wilderness Act.
Along this 79 mile stretch of the Salmon River are a number
of ``hunting camps.'' Ten of the camps are privately owned and
three are under Forest Service permit. The three permitted
camps were established and in use prior to enactment of the
CIWA. One highly visible hunting camp was allowed to be moved
in 1987 to a new site where it is now screened from view, with
the intent of enhancing the values that caused the river to be
designated.
Although the legislative history accompanying the CIWA
indicates an intent to provide for the continued use of the
three camps, there is considerable uncertainty about the extent
and nature of what is authorized. The uncertainty resulted in a
lawsuit and a Federal district court judgment in September
2000, requiring the removal of the three camps. Wilderness
Watch v. United States Forest Service,143 F. Supp. 2d 1186 (d.
Mont. 2000). S. 1003 will have the effect of over turning the
court decision by authorizing the established use and occupancy
of these three camps on the Salmon River.
Legislative History
S. 1003 was introduced by Senator Craig on May 6, 2003 and
is cosponsored by Senator Crapo. The Subcommittee on Public
Lands and Forests held a hearing on S. 1003 on June 4, 2003. At
its business meeting on July 23, 2003, the Committee on Energy
and Natural Resources ordered S. 1003, as amended, favorably
reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 23, 2003, by a voice vote of a quorum
present, recommends that the Senate pass S. 1003, if amended as
described herein.
Committee Amendment
During the consideration of S. 1003, the Committee adopted
an amendment that clarifies that the established use and
occupancy of authorized by this Act is the level that existed
as of June 6, 2003.
Section-by-Section Analysis
S. 1003 amends section 3(a)(24) of the Wild and Scenic
Rivers Act, relating to the designation of the Salmon River by
adding a new subparagraph. The new subparagraph provides that
the established use and occupancy for three specific hunting
camps on the Salmon River, shall continue to be authorized,
subject to such reasonable regulation as the Secretary of
Agriculture deems appropriate, including rules that would
provide for termination for the non-compliance, and if
terminated, re-offering the site through a competitive process.
Nothing in this Act is intended to restrict or otherwise
limit the Secretary of Agriculture's authority to administer
the three permits at issue under the laws and regulations
generally applicable to National Forest System lands.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 1, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1003, a bill to
clarify the intent of Congress with respect to the continued
use of established commercial outfitter hunting camps on the
Salmon River.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 1003--A bill to clarify the intent of Congress with respect to the
continued use of established commercial outfitter hunting camps
on the Salmon River
S. 1003 would allow three hunting camps located on the
Salmon River, a designated wild and scenic river in Idaho, to
continue to operate. As the result of a lawsuit against the
U.S. Forest Service, those camps are required to vacate, by
December 31, 2005, the sites they presently occupy under
special permits.
Based on information provided by the Forest Service, CBO
estimates that enacting S. 1003 would have no significant
impact on the Federal budget. Allowing the camps to continue to
operate would result in increased offsetting receipts (of less
than $10,000 a year) beginning in fiscal year 2006 because the
Forest Service would be able to continue collecting permit fees
from them. (Such receipts are deposited in the general fund of
the Treasury and cannot be spent without appropriation.)
S. 1003 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.
This estimate was approved by Peter H. Fontaine, 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. 1003. 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. 1003, as ordered reported.
Executive Communications
On July 23, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Agriculture and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1003. These
reports had not been received at the time the report on S. 1003
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the Forest
Service at the Subcommittee hearing follows:
Statement of Mark Rey, Under Secretary, U.S. Department of Agriculture
S. 1003 would amend the Wild and Scenic Rivers Act to
clarify the intent of Congress with respect to the continued
use of three long-established commercial outfitter hunting
camps on the Salmon River.
S. 1003 would direct the continued authorization of the use
and occupancy of lands and maintenance or replacement
facilities and structures for commercial recreation services at
Stub Creek, Arctic Creek, and Smith Gulch. The Forest Service's
special use permits for the camps would be subject to
revocation only for noncompliance. If revoked, S. 1003 would
require the Forest Service to re-offer the permits through a
competitive process.
The hunting camps in question are located on the wild
section of the Salmon Wild and Scenic River in the Frank
Church-River of No Return Wilderness managed by the Salmon and
Challis National Forests. The camps were in existence prior to
the passage of the Central Idaho Wilderness Act of 1980, which
designated the river segment as a component of the Wild and
Scenic River system. One of the camps was relocated to Smith
Gulch in 1988.
The camps operate under special use permits administered by
the Forest Service and they provide unique, traditional
services and experiences to the public in a setting that cannot
be duplicated. Historically, the Forest Service had taken the
position that the camps--and the associated permanent
facilities that are at issue--are consistent with agency policy
and the law. In 1995 the Forest Service reauthorized the
special use permits for the camps through 2010.
In 2000, however, a Federal court found the permanent
facilities to be in violation of the Wild and Scenic Rivers Act
and ordered the Forest Service to have them removed. When the
court ordered the Forest Service to remove these facilities, it
also directed the agency to consider the needs of the camp
owners in setting a timetable for removal. In January 2003, the
Supervisor of the Salmon-Challis National Forest signed a
Record of Decision (ROD) that continued use of the camps with
temporary facilities and set a schedule of removal of all
permanent facilities at the three camps by December 31, 2005.
Mr. Chairman, in the context of these three camps the
Department supports efforts to clarify congressional intent
regarding permanent facilities within this designated river
corridor. The Department would like to work with the Committee
on amendments to the measure that would provide the Secretary
maximum flexibility to make appropriate determinations
regarding permit duration and other terms and conditions under
which the use and occupancy of national forest system lands are
authorized so that high quality, traditional, services that (1)
meet the public needs, (2) adhere to the legal requirements
related to special use authorizations on national forest system
lands, and (3) are consistent with the public expectations for
river corridors listed under the Wild and Scenic Rivers Act
will be provided.
This concludes my statement. I would be happy to answer
your questions.
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. 1003, 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 (16 U.S.C. sec. 1274)
* * * * * * *
Section 3(a)(24) Salmon, Idaho.--
(A) * * *
* * * * * * *
(D) The established use and occupancy as of June 6,
2003, of lands and maintenance of replacement of
facilities and structures for commercial recreation
services at Stub Creek located in Section 28, T24N,
R14E, Boise Principal Meridian, at Arctic Creek located
in Section 21, T25N, R12E, Boise Principal Meridian and
at Smith Gulch located in Section 27, T25N, R12E, Boise
Principal Meridian shall continue to be authorized,
subject to such reasonable regulation as the Secretary
deems appropriate, including rules that would provide
for termination for non-compliance, and if terminated,
referring the site through a competitive process.
(E)[D] Subject to existing rights of the State of
Idaho, including the right of access, with respect to
the beds of navigable streams, tributaries or rivers,
dredge and placer mining in any form including any use
of machinery for the removal of sand and gravel for
mining purposes shall be prohibited within the segment
of the Salmon River designated as a component of the
Wild and Scenic Rivers System by this paragraph; within
the fifty-three mile segment of the Salmon River from
Hammer Creek downstream to the confluence of the Snake
River; and within the Middle Fork of the Salmon River;
and its tributary streams in their entirety: Provided,
That nothing in this paragraph shall be deemed to
prohibit the removal of sand and gravel, outside the
boundaries of the River of No Return Wilderness or the
Gospel-Hump Wilderness, above the high water mark of
the Salmon River or the Middle Fork and its tributaries
for the purposes of construction or maintenance of
public roads: Provided further, That this paragraph
shall not apply to any written mineral leases approved
by the Board of Land Commissioners of the State of
Idaho prior to January 1, 1980.
(F)[E] The provisions of section 7(a) of this Act with
respect of the licensing of dams, water conduits,
reservoirs, powerhouses, transmission lines or other
project works, shall apply to the fifty-three-mile
segment of the Salmon River from Hammer Creek
downstream to the confluence of the Snake River.
(G)[F] For the purposes of the segment of the Salmon
River designated as a component of the wild and Scenic
Rivers System by this paragraph, there is hereby
authorized to be appropriated from the Land and Water
Conservation Fund, after October 1, 1980, not more than
$6,200,000 for the acquisition of lands and interests
in lands.