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[Senate Report 112-108]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 270
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-108

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ALPINE LAKES WILDERNESS ADDITIONS AND PRATT AND MIDDLE FORK SNOQUALMIE 
                         RIVERS PROTECTION ACT

                                _______
                                

                January 13, 2012.--Ordered to be printed

 Filed, under authority of the order of the Senate of December 17, 2011

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 322]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 322) to expand the Alpine Lakes 
Wilderness in the State of Washington, to designate the Middle 
Fork Snoqualmie River and Pratt River as wild and scenic 
rivers, 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. 322 is to designate certain Federal land 
in the Mount Baker-Snoqualmie National Forest in the State of 
Washington as wilderness and to designate a segment of the 
Middle Fork Snoqualmie River and the entire length of the Pratt 
River as components of the Wild and Scenic Rivers System.

                          Background and Need

    In 1976, Congress enacted the Alpine Lakes Area Management 
Act (Public Law 94-357), which established the Alpine Lakes 
Wilderness. S. 322 would add approximately 22,173 acres to the 
approximately 390,000-acre Alpine Lakes Wilderness, providing 
protection for low-elevation forests. Unlike the higher-
elevation lands currently in the Alpine Lakes Wilderness, these 
lower-elevation lands are snow-free much of the year, providing 
important wildlife habitat when the high country is covered in 
snow. The valleys included in the proposed additions are home 
to deer and elk populations, as well as cougars and bears.
    Located a short distance from Seattle, the Alpine Lakes 
Wilderness is among the most visited wilderness areas in the 
Nation, with over 100,000 visits annually. The area is a 
popular destination for hiking, camping, horseback riding, 
wildlife viewing, river rafting, and other recreational 
activities.
    S. 322 also would designate two rivers as components of the 
Wild and Scenic Rivers System. In 1990, the Forest Service 
recommended both the Middle Fork Snoqualmie River and the Pratt 
River for designation under the Wild and Scenic Rivers Act, 
noting their outstanding recreational, fisheries, wildlife, 
geological, and ecological values.

                          Legislative History

    S. 322 was introduced by Senators Murray and Cantwell on 
February 10, 2011. The Subcommittee on Public Lands and Forests 
held a hearing on the bill on May 18, 2011 (S. Hrg. 112-39). At 
its business meeting on November 10, 2011, the Committee on 
Energy and Natural Resources ordered S. 322 favorably reported 
without amendment. The Committee reported an identical bill (S. 
721, as amended) by voice vote in the 111th Congress.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on November 10, 2011, by a voice vote of a 
quorum present, recommends that the Senate pass S. 322. 
Senators Lee and Paul asked to be recorded as opposing the 
measure.

                      Section-by-Section Analysis

    Section 1 provides the short title for the bill.
    Section 2 designates approximately 22,173 acres of Federal 
land in the Mount Baker-Snoqualmie National Forest in 
Washington as additions to the Alpine Lakes Wilderness. The 
boundaries of the wilderness additions are generally depicted 
on the referenced map, including a 200-foot set-back from the 
National Forest boundary adjacent to the Goldmyer Hot Springs 
property. The boundary of the wilderness also is set-back to 
provide greater flexibility in managing the Middle Fork 
Snoqualmie River Trail, which runs parallel to the wilderness 
outside its boundary, as was suggested by the Department of 
Agriculture.
    Subsection (b) provides for the management of the 
wilderness additions in accordance with the Wilderness Act and 
directs the Secretary of Agriculture to prepare and file 
official maps and legal descriptions of the wilderness 
additions.
    Subsection (c) provides that any land or interests in land 
that are acquired within the boundary of the wilderness 
additions shall become part of the Alpine Lakes Wilderness.
    Section 3 amends the Wild and Scenic Rivers Act to 
designate a 27.4-mile segment of the Middle Fork Snoqualmie 
River and the entirety of the Pratt River as additions to the 
Wild and Scenic Rivers System. This section would designate the 
Pratt River and 6.4 miles of the Middle Fork Snoqualmie River 
as ``wild'' and would designate the remainder of the Pratt 
River as ``scenic.''
    The Committee is aware of the Forest Service's current 
plans to improve the Middle Fork Snoqualmie River Road, a 
portion of which runs along the segment of the Middle Fork 
Snoqualmie River that would be designated as a component of the 
Wild and Scenic Rivers System by section 3 of the bill. The 
Forest Service has managed the river corridor to protect its 
wild and scenic values under the applicable forest plan since 
1990, so the designation of the corridor under the Wild and 
Scenic Rivers Act should not substantively impact the planned 
improvements to the road or the agency's ability to maintain 
access to campgrounds and private property in accordance with 
applicable law.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 322--Alpine Lakes Wilderness Additions and Pratt and Middle Fork 
        Snoqualmie Rivers Protection Act

    S. 322 would add more than 22,000 acres of public land in 
the state of Washington to the Alpine Lakes Wilderness. The 
bill also would designate about 27 miles of waterways in the 
area as wild or scenic rivers. Based on information provided by 
the Forest Service, which administers most of the affected 
land, CBO estimates that implementing S. 322 would have no 
significant impact on the federal budget. Enacting the 
legislation would not affect revenues or direct spending; 
therefore, pay-as-you-go procedures do not apply.
    The acreage and waterways to be added by the legislation to 
the National Wilderness Preservation System and the Wild and 
Scenic Rivers System are currently administered by the Forest 
Service or owned by the state. CBO estimates that minimal 
additional resources would be required to manage the affected 
areas as a result of the new designations. We expect that any 
costs to revise brochures, maps, and signs would not be 
significant because most such revisions would take place in 
conjunction with scheduled reprinting and routine maintenance.
    Finally, we estimate that enacting the legislation would 
have no effect on offsetting receipts because the affected 
lands, which are already managed for conservation purposes, 
currently generate no receipts, and CBO expects that they would 
not generate receipts over the next 10 years.
    S. 322 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 Jeff LaFave. The 
estimate was approved by Theresa Gullo, 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. 322.
    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. 322, as ordered reported.

                   Congressionally Directed Spending

    S. 322, as 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 views of the Administration were included in testimony 
received by the Committee at the May 18, 2011 hearing (S. Hrg. 
112-39), which is provided below.

 Statement of Mary Wagner, Associate Chief, Forest Service, Department 
                             of Agriculture

    Mr. Chairman and members of the Subcommittee, I am Mary 
Wagner, Associate Chief of the Forest Service. Thank you for 
the opportunity to provide the views of the Department of 
Agriculture on S. 322, the Alpine Lakes Wilderness Additions 
and Pratt and Middle Fork Snoqualmie Rivers Protection Act.
    This legislation would designate approximately 22,173 acres 
as a component of the National Wilderness System and 
approximately 37 miles of river as components the National Wild 
and Scenic Rivers System on the Mt. Baker-Snoqualmie National 
Forest in the State of Washington. The Department supports this 
legislation in concept and we would like to work with the 
Committee to address some technical issues as outlined below.
    We would also like the Committee to be aware that although 
we have completed suitability studies for the wild and scenic 
rivers, we have not completed a wilderness evaluation of the 
area to be designated under this bill. The area that would be 
designated wilderness is currently managed in an undeveloped 
manner as late Successional Reserve under the Northwest Forest 
Plan. A wilderness designation would be compatible in this 
area. We thank the delegation for its collaborative approach 
and local involvement that have contributed to this bill.
    The proposed additions to the Alpine Lakes Wilderness lie 
in the valleys of the Pratt River, the Middle and South Forks 
of the Snoqualmie River. The existing 394,000 acre Alpine Lakes 
Wilderness is one of the jewels of our wilderness system, 
encompassing rugged ice carved peaks, over 700 lakes, and 
tumbling rivers. The lower valleys include stands of old growth 
forest next to winding rivers with native fish populations. The 
area is located within minutes of the Seattle metro area. 
Trails accessing the area are among the most heavily used in 
the Northwest as they lead to some exceptionally accessible and 
beautiful destinations. The proposed additions to the Alpine 
Lakes Wilderness would expand this area to include the entire 
heavily forested Pratt River valley and trail approaches to 
lakes in the wilderness area in the Interstate 90 corridor. 
These lands have not been analyzed as part of the forest plan 
to determine their suitability to be designated wilderness. 
However, the Forest Service would support their designation 
with a few technical adjustments.
    We would like to work with the subcommittee to address some 
technical aspects of the bill. These include:
     The entire Pratt River Trail #1035 is included 
within the boundary of the proposed wilderness. The first mile 
of this trail currently is used by large numbers of people and 
groups. The trail, which would be a primary access corridor for 
the newly designated wilderness, is currently undergoing 
reconstruction by contract and volunteer crews. The Department 
suggests that the wilderness boundary be drawn to exclude 
approximately three miles of this trail so that wilderness use 
limitations relating to solitude do not factor into future 
management concerns that may limit public access to this area. 
This change would not alter the wilderness proposal 
significantly, but would allow the current recreation 
opportunities for high-use and large groups along this stretch 
of the Middle Fork Snoqualmie to continue. This adjustment also 
would reduce operation and maintenance costs along this segment 
of the Pratt River Trail as it would ease any future 
reconstruction efforts and allow for motorized equipment to be 
used in its maintenance.
     The northwestern boundary of the wilderness 
proposal includes two segments of Washington State Department 
of Natural Resources lands totaling about 300 acres. We 
recommend that the boundary of the proposed wilderness be 
adjusted so that only National Forest System lands are 
included, as the legislation does not include authority for 
these lands to be acquired from the State of Washington.
     In T.23 N, R.10 E, Section 24, there are two 
Forest Development Roads proposed for decommissioning. It is 
likely that the decommissioning project will require the use of 
motorized equipment to help restore the wilderness setting. We 
anticipate analyzing the use of motorized equipment under the 
Forest Service's minimum requirements analysis process.
    S. 322 also would designate two rivers as additions to the 
National Wild and Scenic Rivers System: approximately 9.5 miles 
of the Pratt River from its headwaters to its confluence with 
the Middle Fork Snoqualmie River; and approximately 27.4 miles 
of the Middle Fork Snoqualmie River from its headwaters to 
within \1/2\ mile of the Mt. Baker-Snoqualmie National Forest 
boundary. Each river was studied in the Mt. Baker-Snoqualmie 
National Forest Plan and determined to be a suitable addition 
to the National Wild and Scenic Rivers System.
    The Pratt River has outstandingly remarkable recreation, 
fisheries, wildlife and ecological values. The corridor 
provides important hiking and fishing opportunities in an 
undeveloped setting. The river supports resident cutthroat 
trout and its corridor contains extensive deer and mountain 
goat winter range and excellent riparian habitat. Its corridor 
retains a diverse riparian forest, including remnant stands of 
low-elevation old-growth.
    The Middle Fork Snoqualmie River also has outstandingly 
remarkable recreation, wildlife and fisheries values. The river 
is within an easy driving distance from Seattle and attracts 
many visitors. It provides important whitewater boating, 
fishing, hiking and dispersed recreation opportunities. The 
river corridor contains extensive deer winter range and 
excellent riparian habitat for numerous wildlife species. This 
is the premier recreational inland-fishing location on the 
National Forest due to its high-quality resident cutthroat and 
rainbow trout populations. Adding these rivers to the National 
Wild and Scenic Rivers System will protect their free-flowing 
condition, water quality and outstandingly remarkable values. 
Designation also promotes partnerships among landowners, river 
users, tribal nations and all levels of government to provide 
for their stewardship. We therefore support the designation of 
these rivers into the National Wild and Scenic River System.
    The Department has one concern with the wild and scenic 
river designations relating to the management of the Middle 
Fork Snoqualmie River Road. We are currently in the process of 
improving this road and feel that this work is needed to 
protect the wild and scenic values associated with this river 
while improving visitor safety and watershed health. 
Approximately 20 years ago, the U.S. Forest Service submitted 
the Middle Fork Road to the Federal Highway Administration for 
reconstruction via their enhancement program. The project has 
been approved, design work is approximately 30% complete, and 
construction is planned for 2013 or 2014. The Federal Highway 
Administration has already expended approximately $3.2 million 
to date on the project. We would like to work with the 
committee to ensure timely completion of the project and assure 
long-term maintenance of the road.
    This concludes my prepared statement and I would be pleased 
to answer any questions you may have.

                        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. 322, 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; Approved October 2, 1968)

                        (16 U.S.C. 1271 et seq.)

  AN ACT To provide a National Wild and Scenic Rivers System, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
this Act be cited as the ``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:

           *       *       *       *       *       *       *

          (208) Middle fork snoqualmie, washington.--The 27.4-
        mile segment from the headwaters of the Middle Fork 
        Snoqualmie River near La Bohn Gap in NE 1/4 sec. 20, T. 
        24 N., R. 13 E., to the northern boundary of sec. 11, 
        T. 23 N., R. 9 E., to be administered by the Secretary 
        of Agriculture in the following classifications:
                  (A) The approximately 6.4-mile segment from 
                the headwaters of the Middle Fork Snoqualmie 
                River near La Bohn Gap in NE 1/4 sec. 20, T. 24 
                N., R. 13 E., to the west section line of sec. 
                3, T. 23 N., R. 12 E., as a wild river.
                  (B) The approximately 21-mile segment from 
                the west section line of sec. 3, T. 23 N., R. 
                12 E., to the northern boundary of sec. 11, T. 
                23 N., R. 9 E., as a scenic river.
          (209) Pratt river, washington.--The entirety of the 
        Pratt River in the State of Washington, located in the 
        Mount Baker-Snoqualmie National Forest, to be 
        administered by the Secretary of Agriculture as a wild 
        river.

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