19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–309 

TO FACILITATE A PROPOSED PROJECT IN THE LOWER 

ST. CROIX WILD AND SCENIC RIVER, AND FOR OTHER 

PURPOSES 

DECEMBER 1, 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 

DISSENTING VIEWS 

[To accompany H.R. 850] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 850) to facilitate a proposed project in the Lower St. 

Croix Wild and Scenic River, and for other purposes, 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. ST. CROIX RIVER CROSSING PROJECT. 

Notwithstanding section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 

1278(a)), the head of any Federal agency or department may authorize and assist 

in the construction of a new extradosed bridge crossing the St. Croix River approximately 6 miles north of the I–94 crossing, if the mitigation items described in paragraph 9 of the 2006 St. Croix River Crossing Project Memorandum of Understanding for Implementation of Riverway Mitigation Items, signed by the Federal 

Highway Administration on March 28, 2006, and by the National Park Service on 

March 27, 2006 (including any subsequent amendments to the Memorandum of Understanding), are included as enforceable conditions. 


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PURPOSE OF THE BILL

The purpose of H.R. 850, as ordered reported, is to facilitate a 

proposed project in the Lower St. Croix Wild and Scenic River. 

BACKGROUND AND NEED FOR LEGISLATION

Built in 1931, the Stillwater Lift Bridge serves about 18,000 vehicles daily, connecting Stillwater, Minnesota, and Houlton, Wisconsin. The bridge’s location and inadequate capacity cause severe 

gridlock in Stillwater. Furthermore, the bridge has been found 

‘‘structurally deficient.’’ In 1972, Congress included the Lower St. 

Croix River, over which the lift bridge crosses, into the Wild and 

Scenic Rivers System. 

In the 1980s, work began to plan a replacement to the old lift 

bridge, and in 1995, a Record of Decision by the Federal Highway 

Administration spurred action on a final design, rights of way, and 

site preparation work. In 1996, the Sierra Club sued over the lack 

of evaluation by the National Park Service (NPS), who administers 

the Lower St. Croix Wild and Scenic River. Subsequently, NPS 

found the bridge would have adverse impacts on the river’s values. 

In 2005, after years of work and collaboration with 28 stakeholders, NPS approved a plan that included mitigation work along 

the river. The Sierra Club sued again and in 2010, the courts ruled 

that the 2005 decision was arbitrary and capricious. NPS did not 

challenge the decision, but instead did another evaluation, this 

time finding that despite the planned mitigation, the project was 

not consistent with the Wild and Scenic Rivers Act. 

H.R. 850, which has the bipartisan support of both states’ senators and governors, allows the project to move forward, but requires implementation of a mitigation package agreed to by the 

stakeholders in 2006. 

COMMITTEE ACTION

H.R. 850 was introduced on March 1, 2011 by Congresswoman 

Michelle Bachmann (R–MN). 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 

May 4, 2011, the Subcommittee on National Parks, Forests and 

Public Lands 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 amendment in the nature of a substitute. Congressman Rush Holt (D–NJ) offered an amendment to the amendment 

in the nature of a substitute designated .085; the amendment was 

not adopted by a record vote of 16 to 28, as follows: 


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The amendment in the nature of a substitute offered by Mr. 

Bishop was adopted by voice vote. The bill, as amended, was then 

ordered favorably reported to the House of Representatives by a bipartisan vote of 30 to 14, as follows: 


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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. 850—A bill to facilitate a proposed project in the Lower St. 

Croix Wild and Scenic River, and for other purposes 

H.R. 850 would waive section 7 of the Wild and Scenic Rivers Act 

to permit the construction of a bridge over the St. Croix River between Minnesota and Wisconsin. Allowing construction of the 

bridge would permit those states to spend Federal-Aid Highway 

funds appropriated and designated exclusively for construction of 

that bridge. As a result, CBO estimates that enacting the bill 

would increase direct spending by $8 million over the 2012–2021 

period; therefore, pay-as-you-go procedures apply. Enacting the bill 

would not affect revenues. 

Under section 7 of the Wild and Scenic Rivers Act, the National 

Park Service has determined that construction of a bridge over the 

St. Croix River between Minnesota and Wisconsin would have an 

adverse effect on the river. As a result, federal agencies are prohibited from obligating any additional funds or providing any necessary permits to construct that bridge. By waiving section 7, H.R. 

850 would permit construction of the bridge and would allow Minnesota and Wisconsin to use Federal-Aid Highway funds designated exclusively for that purpose. Based on information from the 

states involved, CBO estimates that those federal funds total about 

$8 million. 

H.R. 850 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 Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting direct 

spending or revenues. The net changes in outlays that are subject 

to those pay-as-you-go procedures are shown in the following table. 


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CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 850, A BILL TO FACILITATE A PROJECT IN 

THE LOWER ST. CROIX WILD AND SCENIC RIVER, AND FOR OTHER PURPOSES, AS ORDERED 

REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON OCTOBER 5, 2011 

By fiscal year, in millions of dollars— 

2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2012– 

2016 

2012– 

2021 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-As-You-Go Impact ................................... 0 2 4 1 1 0 0 0 0 0 8 8 

The CBO staff contact for this estimate is Sarah Puro. 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. 

CBO estimates that enacting the bill would increase direct spending by $8 million over the 2012–2021 period; therefore, pay-as-yougo procedures apply. Enacting the bill would not affect revenues. 

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 facilitate a proposed project 

in the Lower St. Croix Wild and Scenic River. 

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

If enacted, this bill would make no changes in existing law. 


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DISSENTING VIEWS 

The 90th Congress designated the St. Croix National Scenic 

Riverway for study as part of the original Wild and Scenic Rivers 

Act of 1968 (16 U.S.C. 1271 et seq.). The River was subsequently 

designated pursuant to the Act in two stages in 1972 and 1976. 

Since 1931, a lift bridge has crossed the St. Croix connecting 

Houghton, Wisconsin and Stillwater, Minnesota. When the lift 

bridge is raised to allow for boat passage, or closed due to high 

water, traffic backs up in Stillwater; a situation projected to worsen 

with population growth. Multiple plans to construct larger bridges, 

with significantly higher clearance, have been proposed at different 

points along the river. In each case, the Wild and Scenic Rivers Act 

has required the Secretary of the Interior, acting through the National Park Service, to determine whether these bridge plans were 

consistent with the wild and scenic river designation. 

Different Administrations have reached different conclusions regarding the potential to mitigate the impacts of different bridge 

proposals. Not surprisingly, this resulted in the District Court of 

Minnesota finding the actions of the Department arbitrary and capricious. The most recent evaluation, ordered by the Court, concluded that the current bridge project would adversely impact the 

St. Croix in ways that cannot be mitigated. 

As a result, legislation will be required to allow a bridge construction project to move forward. A bridge designed to minimize 

potential impacts to the St. Croix would obviously lessen the controversy surrounding this proposal. H.R. 850 is not an example of 

a minimal impact project. 

Rather, H.R. 850 would authorize an exemption to the Wild and 

Scenic Rivers Act for the largest, most expensive bridge ever built 

in the state. The question before us is not whether to build a bridge 

in the middle of a Wild and Scenic River—the question is whether 

to allow construction of a monument in the middle of a Wild and 

Scenic River. 

According to figures from the Minnesota Department of Transportation, this enormous, ‘‘signature,’’ ‘‘extradosed,’’ bridge will cost 

$700 million and serve 18,000 cars a day. To provide some perspective, the complete reconstruction of the I–35 bridge, which serves 

145,000 cars per day, cost $234 million. This gargantuan bridge— 

in the middle of a Wild and Scenic River—will cost three times as 

much and serve 1/8 the number of cars. 

The impacts from such an enormous project would be unprecedented. The Congress has made small changes to existing wild and 

scenic designations—for things like lamprey eel remediation or 

contouring of river banks—but never to authorize a massive transportation project that will permanently alter the designated stretch 

of the river. 


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It is true that the river is not pristine—that is why the river was 

designated as a ‘‘recreational’’ river rather than wild or scenic. 

However, the National Park Service study found that this massive, 

record-breaking bridge will further degrade this river, destroying 

the values for which it was designated. 

Furthermore, it is ironic that the Majority has consistently opposed small National Park expansions or Forest land acquisitions 

based on fiscal concerns and yet would support legislation in this 

Committee that will result in the expenditure of more than half a 

billion dollars. In a time of severe budget cuts—to Medicare and 

Social Security for example—moving legislation for a half billion 

dollar highway project in Representative Bachmann’s district is 

short sighted at best. Spending that amount to destroy a Wild and 

Scenic River is even worse. 

According to the estimate prepared by the Congressional Budget 

Office, enactment of H.R. 850 will increase federal, mandatory 

spending by $8 million in the first ten years alone. 

A reasonable bridge proposal could be developed in this case that 

might garner broader support; that is not H.R. 850. Representative 

Holt offered an amendment to authorize a reasonable bridge proposal to move forward but that amendment was rejected by the 

Majority. Instead, proponents are urging this Committee to make 

the first-ever transportation exemption to the Wild and Scenic Rivers Act on behalf of an oversized, under-used monument to fiscal 

irresponsibility. 

EDWARD J. MARKEY. RAU ́ L M. GRIJALVA. RUSH HOLT. BEN R. LUJA ́ N. GRACE F. NAPOLITANO. NIKI TSONGAS. DALE E. KILDEE. 

Æ 


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