39–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–125 

UPPER WHITE SALMON WILD AND SCENIC RIVERS ACT 

JUNE 14, 2005.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 38] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 38) to designate a portion of the White Salmon River as a 

component of the National Wild and Scenic Rivers System, having 

considered the same, report favorably thereon without amendment 

and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 38 is to designate a portion of the White 

Salmon River as a component of the National Wild and Scenic Rivers System. 

BACKGROUND AND NEED FOR LEGISLATION

The Columbia River Gorge National Scenic Area Act directed the 

Forest Service to study the Upper White Salmon River for possible 

designation as a component of the National Wild and Scenic Rivers 

system. The study determined that the Upper White Salmon River 

and one of its tributaries, Cascade Creek, are eligible for inclusion. 

The Forest Service study found 38.4 miles suitable for ‘‘wild and 

scenic’’ designation. H.R. 38 designates 20 of those miles, but does 

not include 18.4 miles due to some controversy and private property rights concerns. 

H.R. 38 would designate four different segments of the Upper 

White Salmon River and Cascade Creek as ‘‘wild’’ or ‘‘scenic.’’ The 

segments are limited to federal land, located in the Gifford Pinchot 

National Forest, and include 6.7 miles in the Mt. Adams Wilderness. 

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COMMITTEE ACTION

H.R. 38 was introduced on January 4, 2005, by Representative 

Brian Baird (D–WA). The bill was referred to the Committee on 

Resources, and within the Committee to the Subcommittee on Forests and Forest Health. On May 11, 2005, the Subcommittee held 

a hearing on the bill. On May 18, 2005, the Full Resources Committee met to consider the bill. The Subcommittee was discharged 

from further consideration of the bill by unanimous consent. No 

amendments were offered and the bill was ordered favorably reported to the House of Representatives by unanimous consent. 

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 Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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. 

2. 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, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

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 is to designate a portion of the White Salmon River as 

a component of the National Wild and Scenic Rivers System. 

4. Congressional Budget Office Cost Estimate. 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. 38—Upper White Salmon Wild and Scenic Rivers Act 

H.R. 38 would designate 20 miles of segments of the White Salmon River And Cascade Cork in Washington as wild and scenic rivers under the Wild and Scenic Rivers Act. CBO estimates that enacting H.R. 38 would have no significant impact on the federal 

budget. The bill would not affect direct spending or revenues. H.R. 

38 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would have no 

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significant impact on the budgets of state, local, or tribal governments. 

On February 14, 2005, CBO transmitted a cost estimate for S. 

74, the Upper White Salmon Wild and Scenic Rivers Act, as ordered reported by the Senate Committee on Energy and Natural 

Resources on February 9, 2005. The two versions of the legislation 

are identical, as are the cost estimates. 

The CBO staff contact for this estimate is Megan Carroll. This 

estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

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): 

SECTION 3 OF 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: 

(1) * * * 

* * * * * * * 

( ) 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 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 

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Wilderness boundary downstream to the Gifford Pinchot 

National Forest boundary as a scenic river. 

* * * * * * * 

Æ