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[Senate Report 109-8]
[From the U.S. Government Publishing Office]

                                                        Calendar No. 19
109th Congress                                                   Report
                                 SENATE
 1st Session                                                      109-8

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             UPPER WHITE SALMON WILD AND SCENIC RIVERS ACT

                                _______
                                

               February 23, 2005.--Ordered to be printed

 Filed, under authority of the order of the Senate of February 17, 2005

                                _______
                                

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

                              R E P O R T

                          [To accompany S. 74]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 74) to designate a portion of the White 
Salmon River as a component of the National Wild and Scenic 
Rivers System, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 74 is to designate a portion of White 
Salmon River in the State of Washington as a component of the 
National Wild and Scenic Rivers System.

                          Background and Need

    The White Salmon River is internationally known for its 
whitewater rapids, scenery, and abundant fish and wildlife. In 
1986, nine miles of the lower White Salmon River were added to 
the National Wild and Scenic Rivers System as part of the 
Columbia River Gorge National Scenic Area Act of 1986 (Pub. Law 
99-663). At that time, Congress also directed the Forest 
Service to study the Upper White Salmon River for possible 
inclusion in the Wild and Scenic Rivers System.
    The Forest Service released its report in 1997. The Forest 
Service determined that the Upper White Salmon River and its 
tributary Cascade Creek were eligible for inclusion in the 
National Wild and Scenic Rivers System based on their ``free-
flowing condition'' and ``outstandingly scenic, hydrologic, 
geologic, wildlife, and whitewater boating values.'' The Forest 
Service report recommended designating 38.4 river miles, 6.7 of 
which would be classified as ``wild'' (the segments within the 
Mt. Adams Wilderness) and 31.7 miles of which would be 
``scenic.''

                          Legislative History

    S. 74 was introduced on January 24, 2005, by Senator 
Cantwell for herself and Senator Murray. S. 74 is similar to S. 
1614, which was introduced by Senator Cantwell; Senator Murray 
is a cosponsor in the 108th Congress. The Subcommittee on 
Public Lands and Forests held a hearing on S. 1614 on July 21, 
2004 (S. Hrg. 108-714). S. 1614 was reported from Committee, 
with an amendment in the nature of a substitute, by a voice 
vote of a quorum present on September 28, 2004. It was passed 
by the Senate, as amended, by unanimous consent on October 10, 
2004.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on February 9, 2005, by a voice vote of a 
quorum present, recommends that the Senate pass S. 74.

                      Section-by-Section Analysis

    Section 1 provides the short title.
    Section 2 amends the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)) to include four segments of the White Salmon River in 
Washington State (20 miles total).
    Section 3 authorizes appropriation of such sums as are 
necessary to carry out the bill.

                   Cost and Budgetary Considerations

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

                                                 February 14, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 74, the Upper White 
Salmon Wild and Scenic Rivers Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll and Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 74--Upper White Salmon Wild and Scenic Rivers Act

    S. 74 would designate 20 miles of segments of the White 
Salmon River and Cascade Creek in Washington as wild and scenic 
rivers under the Wild and Scenic Rivers Act. CBO estimates that 
enacting S. 74 would have no significant impact on the federal 
budget. The bill would not affect direct spending or revenues. 
S. 74 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act and would have 
no significant impact on the budgets of state, local, or tribal 
governments.
    The CBO staff contacts for this estimate are Megan Carroll 
and Deborah Reis. This estimate was approved by Peter H. 
Fontaine, 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. 74.
    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. 74.

                        Executive Communications

    The views of the administration were included in testimony 
received by the Committee at hearing on S. 1614 on July 21, 
2004.

  Statement of Mark Rey, Under Secretary of Natural Resources and the 
         Environment, Forest Service, Department of Agriculture

    Mr. Chairman, thank you for the opportunity to appear 
before you today to provide the Department's views on * * * S. 
1614 to designate portions of the Upper White Salmon River in 
the Columbia River Gorge National Scenic Area as either a wild 
or a scenic river.

           *       *       *       *       *       *       *

    S. 1614--Upper White Salmon Wild and Scenic Rivers Act. 
This bill would amend section 3(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(a)) to designate portions of the 
Upper White Salmon River in the State of Washington as a 
component of the National Wild and Scenic Rivers System. The 
four segments that the bill would designate are located on the 
Gifford Pinchot National Forest and include 6.7 miles in the 
Mt. Adams Wilderness, classified as wild and 13.3 miles 
classified as scenic for a total of 20 miles. The Department 
supports S. 1614.
    The Forest Service conducted a study of the Upper White 
Salmon River and its tributary, Cascade Creek, as directed by 
the Columbia River Gorge National Scenic Act (16 U.S.C. 544 et 
seq.) and determined their eligibility for designation as a 
component of the National Wild and Scenic Rivers System. The 
``Upper White Salmon River Wild and Scenic River Study Report 
and Final Legislative Environmental Impact Statement'' (July 
1997) recommended the entire 38.4 miles of the Upper White 
Salmon (including Cascade Creek) be added to the System. The 
recommended segments of the Upper White Salmon River possess 
outstanding wildlife, scenery, geology and hydrology, and are 
highly qualified for designation under the Wild and Scenic 
Rivers Act.
    Although the bill does not designate the 18.4-mile segment 
of river from the Gifford Pinchot National Forest boundary to 
the confluence with Gilmer Creek, which is bounded by non-
Federal lands, section 4 does not limit the suitability of this 
segment for future designation.

           *       *       *       *       *       *       *

    This concludes my statement, I would be happy to answer any 
questions that 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 
S. 74, 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):

                     A. WILD AND SCENIC RIVERS ACT

             (Public Law 90-542; Approved October 2, 1968)

  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 may be cited as the `Wild and Scenic Rivers Act'.
    (b) It is hereby declared to be the policy of the United 
States that certain selected rivers of the Nation which, with 
their immediate environments, possess outstandingly remarkable 
scenic recreational, geologic fish and wildlife, historic, 
cultural or other similar values, shall be preserved in free-
flowing condition, and that they and their immediate 
environments shall be protected for the benefit and enjoyment 
of present and future generations. The Congress declares that 
the established national policy of dam and other construction 
at appropriate sections of the rivers of the United States 
needs to be complemented by a policy that would preserve other 
selected rivers or sections thereof in their free-flowing 
condition to protect the water quality of such rivers and to 
fulfill other vital national conservation purposes.

           *       *       *       *       *       *       *

    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) Clearwater, middle fork, idaho.--The Middle Fork 
        from the town of Kooskia upstream to the town of 
        Lowell; the Lochsa River from its junction with the 
        Selway at Lowell forming the Middle Fork, upstream to 
        the Powell Ranger Station; and the Selway River from 
        Lowell upstream to its origin; to be administered by 
        the Secretary of Agriculture.

           *       *       *       *       *       *       *

          (  ) White salmon river, washington.--The 20 miles of 
        river segments of the main stem of the White Salmon 
        River and Cascade Creek, Washington, to be administered 
        by the Secretary of Agriculture in the following 
        classifications:
                  (A) The approximately 1.6-mile segment of the 
                main stem of the White Salmon River from the 
                headwaters on Mount Adams in section 17, 
                township 8 north, range 10 east, downstream to 
                the Mount Adams wilderness boundary as a wild 
                river.
                  (B) The approximately 5.1-mile segment of the 
                Cascade Creek from its headwaters on Mount 
                Adams in section 10, township 8 north, range 10 
                east, downstream to the Mount Adams Wilderness 
                boundary as a wild river.
                  (C) The approximately 1.5-mile segment of 
                Cascade Creek from the Mount Adams Wilderness 
                boundary downstream to its confluence with the 
                White Salmon River as a scenic river.
                  (D) The approximately 11.8-mile segment of 
                the main stem of the White Salmon River from 
                the Mount Adams Wilderness boundary downstream 
                to the Gifford Pinchot National Forest boundary 
                as a scenic river.

           *       *       *       *       *       *       *

                                  
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