```

[House Report 112-320]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-320

======================================================================
 
   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

                                _______
                                

December 8, 2011.--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. 1740]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1740) 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 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.
                  ``(C) The Secretary of Agriculture may not acquire by 
                condemnation any land or interest in land within the 
                boundaries of the Illabot Creek Wild and Scenic River 
                described in subparagraph (A).
                  ``(D) Nothing in this paragraph creates or authorizes 
                the creation of a protective perimeter or buffer zone 
                around the boundaries of the Illabot Creek Wild and 
                Scenic River described in subparagraph (A). The fact 
                that an activity or use can be seen or heard from 
                within such boundaries shall not preclude the conduct 
                of that activity or use outside such boundaries.
                  ``(E) No private property or non-Federal public 
                property shall be included within the boundaries of the 
                Illabot Creek Wild and Scenic River described in 
                subparagraph (A) without the written consent of the 
                owner of such property.''.

                          Purpose of the Bill

    The purpose of H.R. 1740, as ordered reported, 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

    H.R. 1740 will designate segments of Illabot Creek in 
Skagit County, Washington, as a component of the National Wild 
and Scenic Rivers System. The designated area is located within 
the Mt. Baker-Snoqualmie National Forest and totals 14.3 miles 
in two separate segments. Illabot Creek is located 
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.
    The U.S. Forest Service studied Illabot Creek for a 
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,'' consistent with the requirements of the Wild and 
Scenic Rivers Act.
    During full committee consideration of the bill, an en bloc 
amendment offered by Congressman Rob Bishop (R-UT) was adopted, 
making three enhancements to the bill to protect property 
rights. Similar language was offered in the 111th Congress by 
Congressman Bishop to legislation involving federal 
designations. Wild and Scenic Rivers are routinely represented 
as ground-up, locally based and supported initiatives. 
Therefore, there is no reason to arm federal bureaucrats with 
the power of condemnation, or the threat of condemnation, over 
property owners. Accordingly, the Bishop amendment prohibits 
the use of condemnation by the Secretary of Agriculture within 
the designation.
    The amendment also prohibits the creation of a buffer 
around the boundaries of the designation. The Committee expects 
the U.S. Forest Service to abide by the boundaries created in 
the legislation and to resist expanding its influence beyond 
them. Unfortunately, history has demonstrated that federal land 
managers have interpreted their authority to stretch beyond 
what Congress created, thereby making this language necessary 
and warranted.
    Finally, the amendment prohibits the inclusion of private 
or non-federal public property within the boundaries of the 
designation without written consent of the owner. Consistent 
with the claim that this designation is locally supported, the 
Committee sees no reason to forcefully include owners within 
the designation without them first making their consent known 
in writing. This will serve to protect owners and validate the 
public process that led to the designation.

                            Committee Action

    H.R. 1740 was introduced on May 5, 2011, by Congressman 
Rick Larsen (D-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 June 14, 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 Rob 
Bishop (R-UT) offered an en bloc amendment designated .040; the 
amendment was adopted by voice vote. The bill was then ordered 
favorably reported, as amended, 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. 1740--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 River System

    H.R. 1740 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 
Forest Service and assuming the availability of appropriated 
funds, CBO estimates that the agency would spend less than 
$20,000 a year to maintain, protect, and enhance the creek. 
Enacting H.R. 1740 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 1740 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 Jeff LaFave. 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 budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information provided by 
the Forest Service and assuming the availability of 
appropriated funds, CBO estimates that the agency would spend 
less than $20,000 a year to maintain, protect, and enhance the 
designated river sections.
    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, as ordered reported, 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.

                           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):

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 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.
                  (C) The Secretary of Agriculture may not 
                acquire by condemnation any land or interest in 
                land within the boundaries of the Illabot Creek 
                Wild and Scenic River described in subparagraph 
                (A).
                  (D) Nothing in this paragraph creates or 
                authorizes the creation of a protective 
                perimeter or buffer zone around the boundaries 
                of the Illabot Creek Wild and Scenic River 
                described in subparagraph (A). The fact that an 
                activity or use can be seen or heard from 
                within such boundaries shall not preclude the 
                conduct of that activity or use outside such 
                boundaries.
                  (E) No private property or non-Federal public 
                property shall be included within the 
                boundaries of the Illabot Creek Wild and Scenic 
                River described in subparagraph (A) without the 
                written consent of the owner of such property.

           *       *       *       *       *       *       *

                            ADDITIONAL VIEWS

    During the 111th Congress, Members of the Natural Resources 
Committee came together to approve straightforward legislation 
authorizing a Wild and Scenic River designation for Illabot 
Creek (H.R. 1593). The bill was reported from the Committee by 
unanimous consent. The bipartisan agreement continued when the 
House approved the legislation by a voice vote under suspension 
of the rules. In March of 2010, the Senate Energy and Natural 
Resources Committee ordered H.R. 1593 favorably reported, 
without amendment.
    Unfortunately, it appears that the Republican standards for 
passage of this legislation in the House are a moving target. 
This Congress, the Majority insisted on inserting three new 
provisions in H.R. 1740 that were never raised during previous 
consideration of the bill. These provisions are unnecessary and 
potentially harmful to this Wild and Scenic designation.
    The Majority amendment would prohibit condemnation of land, 
or any interest in land, within the boundaries of the Illabot 
Creek Wild and Scenic River as designated by the bill. 
Condemnation is rarely used with regard to wild and scenic 
river management and, in those rare instances where it is 
employed the owner of any condemned land is fully compensated. 
A prohibition on such authority leaves the Forest Service and 
the river at the mercy of any and all possible development on 
non-federal land along the river corridor. This policy could 
lead to a hollow wild and scenic designation where activity on 
non-federal land damages the resources values of the river such 
that the Illabot is wild and scenic in name only.
    Next, the Majority amendment prohibits creation of ``buffer 
zones'' around the boundaries of the wild and scenic river. 
Given that the designation does not create a buffer zone, this 
amendment is unnecessary and harms the bill by inserting an 
amorphous and undefined term into the text.
    Finally, the Majority amendment prohibits inclusion of 
private property or non-federal public property within the 
boundaries of the wild and scenic designation without written 
consent of the owner. Inclusion of non-federal property within 
the boundary has no impact on private property rights but does 
facilitate acquisition of non-federal property should the owner 
wish to sell. Insertion of this language means that the 
boundaries of this wild and scenic river could change monthly 
or even daily depending on what arrives in each days' mail. 
This language serves no valid purpose and will create extreme 
management challenges for the Illabot.
    Were any of these provisions justified, Republicans would 
have offered them in the previous Congress. They were not 
offered then, and they should be removed from the bill now.

                                   Edward J. Markey.
                                   Rush Holt.
                                   Dale E. Kildee.
                                   Grace F. Napolitano.
                                   Niki Tsongas.
                                   Raul M. Grijalva.
                                   Ben R. Lujan.

                                  

```