[Senate Report 114-127]
[From the U.S. Government Publishing Office]
Calendar No. 207
114th Congress } { Report
SENATE
1st Session } { 114-127
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SAWTOOTH NATIONAL RECREATION AREA AND JERRY PEAK WILDERNESS ADDITIONS
ACT
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September 9, 2015.--Ordered to be printed
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Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 583]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 583) to establish certain wilderness
areas in central Idaho and to authorize various land
conveyances involving National Forest System land and Bureau of
Land Management land in central Idaho, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose
The purpose of S. 583 is to establish certain wilderness
areas in central Idaho and to authorize various land
conveyances involving National Forest System land and Bureau of
Land Management land in central Idaho, and for other purposes.
Background and Need
The Boulder-White Clouds region of central Idaho is
renowned for its high wild country of mountain peaks and alpine
lakes. The region includes the Sawtooth National Recreation
Area, encompassing approximately 780,000 acres within the
Sawtooth and Salmon-Challis National Forests. The region
provides world-class recreation opportunities for sportsmen,
mountain and motor bike users, skiers, snowmobilers, and
hikers.
S. 583 would designate three new wilderness areas within
and adjacent to the Sawtooth National Recreation Area,
including adjacent lands managed by the Bureau of Land
Management. The three new wilderness areas are: the 67,998-acre
Hemingway-Boulders Wilderness, the 90,769-acre White Cloud
Wilderness, and the 116,898-acre Jim McClure-Jerry Peak
Wilderness. These areas include spectacular views across
several mountain ranges and valleys, and are popular
recreational areas for hunting, fishing, hiking, and camping.
These areas would be linked together by existing roads and
trails, complementing the Sawtooth Wilderness, created in 1972.
In addition, the bill would release four wilderness study areas
for multiple use management: the Jerry Peak Wilderness Study
Area, the Jerry Peak West Wilderness Study Area, the Corral-
Horse Basin Wilderness Study Area, and the Boulder Creek
Wilderness Study Area.
S. 583 would also continue recreation opportunities and
access for motorized and mechanized uses by excluding most
areas presently open to motorized or mechanized use from the
designated wilderness areas, including the popular Germania
Creek and Frog Lake Loop trails. S. 583 would close the Ants
Basin and Castle Divide trails that run through the proposed
wilderness to motorized and mechanized use consistent with the
Wilderness Act.
Because wilderness areas may only be designated by an Act
of Congress, legislation is necessary to designate the
Hemingway-Boulder Wilderness, White Cloud Wilderness, and Jim
McClure-Jerry Peak Wilderness within and adjacent to the
National Conservation Area.
Legislative History
S. 583 was introduced by Senator Risch on February 26,
2015. The Subcommittee on Public Lands, Forests, and Mining
held a hearing on the bill on May 21, 2015.
In the 111th Congress, Senators Crapo and Risch introduced
a similar bill, S. 3294, on April 30, 2010. The Subcommittee on
Public Lands, Forests, and Mining held a hearing on the bill on
June 16, 2010 (S. Hrg. 111-730). Representatives Simpson and
Minnick introduced identical legislation, H.R. 5205, on May 4,
2010.
A companion measure (H.R. 1138) was introduced in the House
by Representative Simpson on February 26, 2015. At a business
meeting on July 9, 2015, the House Natural Resources Committee
reported the bill. The House of Representatives passed H.R.
1138 on July 27, 2015. The Senate passed H.R. 1138 on August 4,
2015. The President signed H.R. 1138 into law on August 7,
2015. H.R. 1138 became Public Law No. 114-46.
At its business meeting on July 30, 2015, the Committee on
Energy and Natural Resources on a voice vote ordered S. 583
favorably reported without amendment.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 30, 2015, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
583.
Section-by-Section Analysis
Section 1 contains the short title.
Section 2 contains definitions.
TITLE I
Section 101 designates approximately 275,665 acres as
wilderness in three new wilderness areas in central Idaho: the
Hemingway-Boulders Wilderness, the White Clouds Wilderness, and
the Jim McClure-Jerry Peak Wilderness. Section 102(a) provides
that the wilderness areas shall be administered by the
Secretary of Agriculture and the Secretary of the Interior, as
applicable, subject to valid existing rights and in accordance
with the Wilderness Act. Section 102(b) directs the Secretary
of Agriculture, the Secretary of the Interior, and the Bureau
of Land Management to seek to ensure that the wilderness areas
are interpreted as an overall complex linked by common location
and identity. Section 102(c) requires the Secretaries to
develop wilderness management plans collaboratively for the new
areas within three years of the date of enactment. Section
102(d) clarifies that the Secretaries may take measures
necessary for the control of fire, insects, and disease in
accordance with the Wilderness Act. Section 102(e) allows for
the grazing of livestock to continue within wilderness areas
where grazing is established prior to the date of enactment of
this act. Federal grazing permittees and lessees with grazing
rights located within the Boulder White Clouds Grazing Area may
voluntarily donate their grazing permits or leases in whole or
in part to the appropriate managing agency. The Secretary
concerned is directed to terminate the donated permit or lease
and permanently reduce the authorized level of grazing on the
land covered by the donated permanent or lease. Section 102(f)
contains wilderness management language clarifying that
outfitting and guide activities can continue as authorized in
the Wilderness Act. Section 102(g) clarifies that nothing in
the title affects the jurisdiction of the State of Idaho with
respect to the management of fish and wildlife on public land
in the State. Section 102(h) clarifies that owners of private
property within the wilderness areas will be provided adequate
access to their property.
Section 103 denies any Federal reserved water rights with
respect to the new wilderness areas and prohibits the President
from authorizing any new water resource facilities, as defined
in this section, within the new wilderness areas.
Section 104 clarifies that nothing in title I restricts or
precludes low-level military overflights, flight testing and
evaluation, and the designation of new units of special use
airspace or the establishment of military flight training
routes.
Section 105 clarifies that nothing in title I creates a
protective buffer zone around the wilderness areas or restricts
activities or land use outside the wilderness areas.
Section 106 states that nothing in title I diminishes the
treaty rights of any Indian tribe.
Section 107 allows for the Secretaries to acquire
inholdings by donation, exchange, or purchase from willing
sellers and directs them to seek an exchange with the State for
lands within the wilderness areas within three years. If any
land or interest in land located inside the boundary of a
wilderness area is acquired by the United States, it will
become part of the wilderness area and be administered as part
of it.
Section 108(a) repeals the portion of the Sawtooth National
Recreation Area (NRA) establishing legislation (section 5 of
Public Law 92-400; 16 U.S.C. 460aa-4) that requires review of
undeveloped areas for suitability for inclusion in the National
Wilderness Preservation System. The remainder of the Sawtooth
NRA that is not designated as wilderness is released from
further study and no longer must be managed to maintain its
wilderness character. Section 108(b) releases certain public
land administered by the Bureau of Land Management within the
following wilderness study areas for multiple use management:
Jerry Peak Wilderness Study Area, Jerry Peak West Wilderness
Study Area, Corral-Horse Basin Wilderness Study Area, and
Boulder Creek Wilderness Study Area.
TITLE II
Section 201 contains the short title.
Section 202 directs the Secretary of Agriculture to issue a
special use permit or convey up to one acre of land to Blaine
County for use as a school bus turnaround.
Section 203 directs the Secretary of the Interior to convey
to Custer County approximately 114 acres of land for use as a
public park and campground, approximately 10 acres for use as a
fire hall, and approximately 80 acres for use as a waste
transfer site. This section also directs the Secretary of
Agriculture to convey a Forest Service road to the City of
Stanley with the condition that Custer County relocate a
portion of the road.
Section 204 directs the Secretary of the Interior to convey
approximately 460 acres of land to the City of Challis to be
used for public purposes consistent with the uses under the
Recreation and Public Purposes Act.
Section 205 directs the Secretary of the Interior to convey
to the City of Clayton approximately 23 acres of land for use
as a public cemetery, approximately two acres for use as a
public park or other public purpose consistent with the uses
under the Recreation and Public Purposes Act, approximately two
acres for location of a water tower, approximately six acres
for use as a wastewater treatment facility, and approximately
two acres for use as a fire hall.
Section 206 directs the Secretary of Agriculture to convey
to the City of Stanley approximately four acres within the
Sawtooth NRA but outside the area managed by the Sawtooth
Interpretive and Historical Association under a special use
permit, to be developed to provide workforce housing for
persons employed by the city or its environs. Section 206(b)
provides that the City may construct up to 20 apartments,
limits the height of the units to two stories and requires them
to blend into the terrain. Section 206(c) specifies that the
private land use regulations of Sawtooth NRA will not apply to
this parcel. Section 206(d) requires the Secretary to remove
the existing structure located on the parcel. Section 206(e)
allows the City to contract for the development and management
of the apartments so long as the City retains ownership of the
parcel in perpetuity.
Section 207(a) states that the Secretary may set
appropriate terms and conditions on the special use permits or
land conveyances. Section 207(b) specifies that if any parcel
of land conveyed under this title ceases to be used for the
public purpose for which it was conveyed, the land may revert
to the United States if the Secretary determines that the
reversion is in the best interest of the United States.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
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. 583. 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. 583, as ordered reported.
Congressionally Directed Spending
S. 583, as ordered 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 U.S. Forest Service and the
Bureau of Land Management at the May 21, 2015, Public Lands,
Forests, and Mining Subcommittee hearing on S. 583 follows:
Statement of Timothy M. Murphy, Acting Assistant Director, National
Conservation Lands & Community Partnerships, Bureau of Land Management,
Department of the Interior
Thank you for the invitation to testify on S. 583, Sawtooth
National Recreation Area and Jerry Peak Wilderness Additions
Act. The Department of the Interior supports S. 583 as it
applies to lands managed by the Bureau of Land Management (BLM)
and would like the opportunity to work with the sponsor and the
Committee on technical modifications to the legislation and
minor boundary modifications to improve manageability. We defer
to the Department of Agriculture regarding provisions of S. 583
which apply to National Forest System Lands.
background
The Boulder-White Clouds area of central Idaho captivates
the imagination with crystal lakes, high mountain backcountry,
and abundant wildlife. Hunters, hikers, ranchers and other
stakeholders have come together to support preservation of
these unique and treasured lands managed by the U.S. Forest
Service (FS) and the BLM.
The lands managed by the BLM in this region represent
diverse ecosystems ranging from lower elevation sagebrush and
grasses to lodgepole and limber pine at the higher elevations.
There are large forested areas in the upper reaches of Bear,
Mosquito, Sage, and Lake Creek drainages. The highest point is
Jerry Peak at over 10,000 feet where there are spectacular
vistas of the surrounding mountain ranges. Herd Lake, at over
7,000 feet, is a small blue gem within the steep rocky terrain.
From the small Herd Lake campsite visitors can hike the trail
along the creek to Herd Lake. The shores of the lake have
scattered pines and there are wonderful opportunities to fish
for rainbow trout.
This varied and magnificent terrain provides habitat for
wildlife, including deer, elk, black bear, mountain lion,
bighorn sheep, and antelope. Coyotes and golden eagles are also
common. The area is attractive to hunters and a significant
portion of the yearly visitation occurs during hunting season.
s. 583
S. 583 is the result of many years of collaborative efforts
by the Idaho Congressional delegation. Their dedication to
resolving public land use issues in central Idaho is
commendable. Title I of the bill designates three new
wilderness areas--Jim McClure-Jerry Peak Wilderness
(approximately 117,000 acres), White Clouds Wilderness
(approximately 91,000 acres), and Hemingway-Boulders Wilderness
(approximately 68,000 acres) and contains provisions related to
their administration. Approximately 24,000 acres of the
proposed Jerry Peak Wilderness are managed by the BLM, along
with approximately 450 acres of the proposed White Clouds
Wilderness. The FS manages the other federal lands within the
proposed wilderness areas. The Department of the Interior
supports the proposed wilderness designations on lands managed
by the BLM and would welcome the opportunity to work with the
sponsor and the Committee on minor boundary modifications to
the Jerry Peak Wilderness to improve manageability. We would
also like to recommend minor modifications to management
language to be consistent with usual wilderness management
language. Section 108 releases nearly 80,000 acres of BLM-
managed lands in four wilderness study areas (WSAs) from WSA
restrictions.
Livestock grazing on the public lands designated as
wilderness, and in the surrounding area, is addressed in
section 102(e) of the bill. The BLM supports this standard
language on the management of livestock grazing on public lands
within designated wilderness. Section 102(e) also establishes
the ``Boulder White Clouds Grazing Area'' on nearly 770,000
acres of public lands administered by the FS and BLM--
surrounding and including the three areas designated as
wilderness. Under the provisions of this section, ranchers with
Federal grazing permits or leases within this area may choose
to voluntarily donate their permits or leases to the Secretary
of Agriculture or Interior. The Secretaries are required to
accept these donations, and to permanently terminate all
grazing on the land covered by the permit or lease. Partial
donation and congruent partial termination of grazing is also
provided for under this subsection. Grazing can be a compatible
use within wilderness, and there is a long history of
legislation accommodating grazing within wilderness
designations. However, we also recognize and support the
proposal by the Idaho delegation to allow voluntary and
permanent reductions in grazing in these unique and
environmentally sensitive areas.
Title II of S. 583 provides for the conveyance, at no cost,
of 12 small tracts of public lands to local governments for
public purposes. The BLM generally supports the conveyances of
nine individual parcels of BLM-administered lands to local
governments, but notes that some of the parcels to be conveyed
contain habitat for the Greater Sage-Grouse. We would like the
opportunity to work with the sponsor on modifications to some
of the conveyances to minimize impacts to Greater Sage-Grouse
habitat. We defer to the FS regarding three conveyances of
National Forest System lands. As provided in the bill, each of
the conveyances of lands managed by the BLM would be for uses
consistent with public purposes allowed under the R&PP Act,
which authorizes the Secretary of the Interior to lease or
convey public lands at nominal cost for recreational and public
purposes, including parks and other facilities benefiting the
public. In general, the BLM supports appropriate legislative
conveyances if the lands are to be used for purposes consistent
with the Recreation and Public Purposes (R&PP) Act, if the
conveyance includes a reversionary clause to enforce this
requirement, and if the benefitting local government is
responsible for the administrative costs of the conveyance.
Among the proposed conveyances of BLM-administered public
lands are 10 acres for a fire hall, 80 acres for a waste
transfer site to Custer County, and 23 acres to the city of
Clayton for a cemetery. The BLM has reviewed each of these
conveyances in the bill. We believe they are in the public
interest, and support their no-cost conveyance for uses that
would be allowed under the R&PP Act if the bill is amended to
provide that the receiving parties cover the costs of the
conveyances, including any needed surveys and the preparation
of conveyance documents.
conclusion
Thank you for the opportunity to testify in support of S.
583. We applaud the work of the Idaho delegation, of the
sponsor of this bill, Senator Risch, and the vision and
commitment of Congressman Mike Simpson, who has championed the
effort to protect these unique landscapes in Idaho for over a
decade in partnership with his colleagues in the Senate.
We look forward to working with Members of the Idaho
delegation and the Committee to make further, minor
modifications to the bill to permanently protect these
important landscapes as a part of the National Wilderness
Preservation System and to effect the land transfers directed
in the bill to provide specific public benefits to local
communities.
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Statement of Leslie Weldon, Deputy Chief National Forest System, Forest
Service, Department of Agriculture
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to present the views of the U.S. Department of
Agriculture (USDA) regarding S. 583, the ``Sawtooth National
Recreation Area and Jerry Peak Wilderness Additions Act''. To
Senator Risch and other members of the Idaho delegation, we
wish to thank you for your work on this bill. The Department
supports the bill as it applies to lands managed by the Forest
Service. We have included recommendations for your
consideration, and we have also included concerns with the Bill
that we would like to work with the Committee and sponsor to
address. We defer to the Department of the Interior for matters
concerning land administered by the Bureau of Land Management.
title i--wilderness designations
Section 101 would add additional areas in central Idaho to
the National Wilderness Preservation System--68,000 acres in
the Sawtooth and Challis National Forests to be known as the
``Hemingway-Boulders Wilderness''; 90,777 acres in the Sawtooth
and Challis National Forests to be known as the ``White Clouds
Wilderness''; and approximately 120,148 acres in the Salmon-
Challis National Forest and Challis District of the Bureau of
Land Management to be known as the ``Jim McClure-Jerry Peak
Wilderness.''
The Department supports designation of the Hemingway-
Boulders, White Clouds and Jim McClure-Jerry Peak Wildernesses
as depicted on the maps referenced in the Bill. Most of the
National Forest System acres that would be designated as
wilderness by the bill were recommended for wilderness
designation in their respective forest plan. The National
Forest System acres that would be designated as wilderness by
the bill that were not recommended for wilderness in their plan
are either inventoried roadless areas or their current
management direction is compatible with wilderness designation.
We recommend that language be added to the bill that would
authorize the agency to maintain historical structures that may
exist in the designated wilderness areas. The agency has
language that we would be happy to share with you.
Section 102(e)(1) addresses livestock grazing on the lands
designated as wilderness. The Department supports the language
requiring the continuation of existing livestock grazing within
designated wilderness in accordance with the 1964 Wilderness
Act and House Report 96-617, also known as the ``Congressional
Grazing Guidelines.'' We also support the proposal by the Idaho
delegation in section 102(e)(2) to allow voluntary and
permanent reductions in grazing in the designated areas. We
would like to work with the sponsor and Committee on technical
issues with the language of section 102(e)(2) regarding the
donation of grazing permits. The Department also has minor
technical corrections regarding references to provisions of the
Wilderness Act in Section 102 of the Bill that we would be
happy to share with the Committee.
The Department has concerns with section 103(b). The
President's discretion under the Wilderness Act to review and
approve any potential water resource facilities that is deemed
in the national interest should not be limited.
title ii--and conveyances for public purposes
Section 202 requires either conveyance or issuance of a
special use authorization of a one acre parcel to Blaine
County, Idaho for a school bus turnaround. Recently, Blaine
County commissioners informed the Forest Service that they are
no longer interested in developing a turnaround at this
location. We recommend removing this section.
Section 203(d) requires the conveyance, without
consideration, of the Forest Service road that passes through
the parcel of National Forest System land, to the City of
Stanley, Idaho, under section 206. The Department has concerns
with conveying the road because the Forest Service currently
manages the parcel that the road accesses. In addition, the
Department believes the public should be appropriately
compensated for its resources.
Section 206 requires the Secretary of Agriculture to convey
an approximately four-acre parcel to the City of Stanley, Idaho
for workforce housing. The City of Stanley is iconic on the
central Idaho landscape. It is also a Designated Community
under the Private Land Regulation and intrinsic to the Sawtooth
National Recreation Area. The Department recognizes that the
need for local workforce housing is a challenging concern for
the City. We share that concern as the lack of housing can
result in unauthorized use of National Forest System lands.
However, the Department has concerns with section 206 as
currently drafted and would like to work with the Committee to
resolve these concerns.
The bill directs conveyance of the parcel for no
consideration. Our consistently-held position is that the
public must be compensated for its resources. Additionally, the
bill requires removal of Forest Service improvements that are
currently being used at the public's expense. The identified
parcel is physically separated from the City of Stanley and
surrounded by Federal land. We would welcome the opportunity to
work with the sponsors and the City to identify a parcel that
is potentially better suited for private development, including
a Federal parcel within the developed area of Stanley and
adjacent to existing infrastructure.
This concludes my remarks. Thank you for the opportunity to
testify.
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. 583, 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):
AN ACT To establish the Sawtooth National Recreation Area in the State
of Idaho, to temporarily withdraw certain national forest land in the
State of Idaho from the operation of the United States mining laws, and
for other purposes.
(Public Law 92-400)
* * * * * * *
[Sec. 5. The Secretary shall, as soon as practicable after
the enactment of this Act, review the undeveloped and
unimproved portion or portions of the recreation area as to
suitability or nonsuitability for preservation as a part of the
National Wilderness Preservation System. In conducting his
review, the Secretary shall comply with the provisions of
subsection 3(d) of the Wilderness Act of September 3, 1964 (78
Stat. 892), relating to public notice, public hearings, and
review by State and other agencies, and shall advise the Senate
and House of Representatives of his recommendations with
respect to the designation as wilderness of the area or areas
reviewed.]
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