19–006 

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: 

‘‘(ll) 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. 


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‘‘(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 nonfederal public property within the boundaries of the designation 

without written consent of the owner. Consistent with the claim 


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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-yougo 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. 


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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) * * * 

* * * * * * * 

(ll) 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: 


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(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. 

* * * * * * * 


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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. 


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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. 

RAU ́ L M. GRIJALVA. 

BEN R. LUJA ́ N. 

Æ 


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