19–010

Calendar No. 255

108TH CONGRESS REPORT " SENATE ! 1st Session 108–131

WILD SKY WILDERNESS ACT OF 2003

AUGUST 26, 2003.—Ordered to be printed

Filed, under authority of the order of the Senate of July 29 (legislative day, July 

21), 2003

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 391]

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 391) to enhance ecosystem, protection and the 

range of outdoor opportunities protected by statute in the 

Skykomish River valley of the State of Washington by designating 

certain lower-elevation Federal lands as wilderness, and for other 

purposes, having considered the same, reports favorably thereon 

with amendments and recommends that the bill, as amended, do 

pass. 

The amendments are as follows: 

1. Beginning on page 1, strike line 6 and all that follows through 

page 4, line 13. 

2. On page 4, line 14, strike ‘‘SEC. 3’’ and insert ‘‘SEC. 2’’. 

3. On page 5, line 13, strike ‘‘SEC. 4’’ and insert ‘‘SEC. 3’’. 

4. On page 6, line 14, strike ‘‘trail’’ and insert ‘‘trails’’. 

5. On page 7, line 1, insert ‘‘telecommunications’’ after ‘‘County’’. 

6. On page 7, line 10, insert ‘‘to be’’ after ‘‘determines’’. 

7. On page 7, line 17, strike ‘‘SEC. 5’’ and insert ‘‘SEC. 4’’. 

8. On page 7, line 22, strike ‘‘section 3(a)(1)’’ and insert ‘‘section 

2(a)(1)’’. 

9. On page 8, line 3, strike ‘‘assure’’ and insert ‘‘ensure’’. 

10. On page 8, line 9, strike ‘‘SEC. 6’’ and insert ‘‘SEC. 5’’. 

11. On page 9, line 2, strike ‘‘snowtel site’’ and insert ‘‘telemetry 

site to monitor snow pack’’. 

12. On page 9, line 12, strike ‘‘snowtel’’ and insert ‘‘telemetry’’. 

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13. On page 9, line 15, strike ‘‘secretary’’ and insert ‘‘Secretary’’. 

PURPOSE OF THE MEASURE

The purpose of S. 391 is to enhance ecosystem protection and the 

range of outdoor opportunities protected by statute in the 

Skykomish River Valley of the State of Washington by designating 

certain lower-elevation Federal lands as wilderness in the Mt. 

Baker-Snoqualmie National Forest. 

BACKGROUND AND NEED

The Wild Sky Wilderness is located just a few hours from over 

half of Washington’s population and will provide key recreational 

opportunities to the booming population of the Puget Sound region 

as well as creating a vital link to other Cascade Wilderness Areas. 

Additionally, these areas will provide a safe and healthy home for 

important fish and wildlife populations. 

One of the main goals of this bill is protecting and promoting 

high-quality open space and recreational opportunities for the 

growing Puget Sound region. More than 2.4 million people live in 

King, Snohomish, and Skagit counties. All of these areas are within 

close proximity to the area, and population of the area continues 

to grow, leading to increasing loss of open space. 

Another important goal to be achieved by enactment of S. 391 is 

to place lowlands into the wilderness system in Washington State. 

Current wilderness areas in western Washington State are primarily high-elevation and, while important, do not reflect a wide 

range of ecological systems. S. 391 designates lowlands around the 

North Fork Skykomish river and its many creeks as wilderness. 

The bill establishes the 106,000 acre Wild Sky Wilderness Area in 

the Mt. Baker-Snoqualmie National Forest. 

LEGISLATIVE HISTORY

S. 391 was introduced by Senator Murray and Senator Cantwell 

on February 13, 2003. The Subcommittee on Public Lands and Forests held a hearing on June 4, 2003. The bill was favorably reported by the Committee, with amendments on July 23, 2003. A 

similar bill. S. 2565, was ordered reported by the Committee on October 3, 2002. The text of the bill passed the Senate on November 

20, 2002, as Title V of S. 2222. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on July 23, 2003, by a voice vote of a quorum present, 

recommends that the Senate pass S. 391 if amended as described 

herein.

COMMITTEE AMENDMENTS

During its consideration of S. 391, the Committee adopted several technical and clarifying amendments. The amendments struck 

the finding and statement of policy, redesignated the sections, and 

it made technical and clarifying changes. 

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SECTION-BY-SECTION ANALYSIS

Section 1 provides a short title for the Act as the ‘‘Wild Sky Act 

of 2003’’. 

Section 2(a) adds approximately 106,000 acres of National Forest 

System lands in the State of Washington to the National Wilderness Preservation System. 

Section (b) directs the Secretary of Agriculture (‘‘Secretary’’) to 

file a map and legal description with the Committee on Energy and 

Natural Resources of the Senate and the Committee on Resources 

of the House of Representatives. 

Section 3(a) requires the Secretary to manage the lands designated in section 3 in accordance with the Wilderness Act (16 

U.S.C. 1131 et. seq.). 

The Committee is aware that some National Forest lands designated as Wilderness by S. 391 contain culverts and a bridge. The 

Committee understands that some of the culverts and the bridge 

are in disrepair. In fact, the General Accounting Office recently reported that the Forest Service’s culvert maintenance backlog totals 

$331 million in Washington and Oregon (GAO–02–596T). The GAO 

report concludes that the Forest Service has not made sufficient 

funds available for culvert maintenance. 

The Committee anticipates that the Forest Service will eventually remove most, if not all, of the culverts and could need to remove the bridge after this area is designated as Wilderness. However, the Committee is aware that such removal may not occur in 

a timely manner given the current state of the Forest Service’s 

maintenance backlog. In the interim, the Forest Service may find 

that continued maintenance is necessary with respect to a particular culvert or culverts in order to avoid damage to fisheries and 

soil resources. 

Section 4(c) of the Wilderness Act prohibits among other things, 

the use of motor vehicles, motorized equipment, or other forms of 

mechanized transport, ‘‘except as necessary to meet minimum requirements for the Administration of the area for the purpose of 

this Act * * *’’ The Committee believes that the Forest Service’s 

ability to properly maintain affected culverts can be accomplished 

consistent with the authority of the Wilderness Act. The Committee 

recognizes that the Forest Service may determine that the use of 

motorized or mechanized equipment is necessary to accomplish 

maintenance activities. In fact, the Committee notes that the Federal land management agencies’ wilderness management guidelines 

explicitly state that the term ‘‘minimum tool’’ is not synonymous 

with ‘‘primitive tool’’ and in some cases an agency may determine 

that minimum tool includes motor vehicles, or other motorized or 

mechanized equipment. 

Subsection (b) requires the Secretary to consult with interested 

parties and to establish a hiking trail plan to develop a system of 

hiking and equestrian trails within or adjacent to the wilderness 

designated by this Act in a manner consistent with the Wilderness 

Act. 

Subsection (c) authorizes the Secretary to use helicopter access 

to construct and maintain, in a manner compatible with the preservation of the wilderness environment, a Forest Service communicaVerDate jul 14 2003 05:11 Aug 27, 2003 Jkt 019010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR131.XXX SR131
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tion repeater site to provide improved communication for safety 

and health purposes. 

Subsection (d) authorizes the use of float planes on Lake Isabel 

where such use has already been established. 

Subsection (e) states that the designation under this Act shall 

not preclude the operation and maintenance of the evergreen 

mountain lookout. 

Section 4(a) authorizes the Secretary to acquire lands identified 

as ‘‘Priority Acquisition Lands’’ on the identified map and adjust 

the boundaries of the Snoqualmie National Forest and the Wild 

Sky Wilderness to encompass any land acquired pursuant to this 

section. 

Subsection (b) states that, consistent with section 5(a) of the Wilderness Act, the Secretary shall assure adequate to private 

inholdings within the Wild Sky Wilderness. 

Subsection (c) states that valuation of private lands shall be determined without reference to any restrictions on access or use 

which arise out of designation as a wilderness area as a result of 

this Act. 

Section 5 directs the Secretary to exchange certain lands with 

the Chelan County Public Utility District. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 1, 2003. 

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. 391, the Wild Sky Wilderness Act of 2003. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

ROBERT A. SUNSHINE

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

S. 391—Wild Sky Wilderness Act of 2003

Summary: S. 391 would designate the Wild Sky Wilderness on 

106,000 acres of federal lands within the Mount Baker-Snoqualmie 

National Forest in Washington and would authorize the Secretary 

of Agriculture to acquire nonfederal lands and interests within the 

proposed wilderness. The bill would require the Secretary to prepare a plan to establish hiking trails within the proposed wilderness and report to the Congress on the implementation of that 

plan. Finally, S. 391 would direct the Secretary to convey to a local 

public utility district a permanent easement to operate a snowmonitoring device on 1.82 acres of national forest land in exchange 

for roughly 372 acres of land owned by that district. 

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CBO estimates that implementing S. 391 would cost $18 million 

over the 2004–2008 period, assuming appropriation of the necessary amounts. The bill could affect direct spending (including offsetting receipts), but we estimate that any such effects would be 

negligible. S. 391 contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA) and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 391 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment).

By fiscal year, millions of dollars 

2004 2005 2006 2007 2008

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated authorization level ....................................................................... 7 5 5 1 0

Estimated outlays ......................................................................................... 7 5 4 1 1

Basis of estimate: CBO estimates that implementing S. 391 

would cost $18 million over the 2004–2008 period, assuming appropriation of the necessary amounts. We also estimate that the bill 

could increase direct spending, but that any such effects would not 

be significant in any year. For this estimate, CBO assumes that S. 

391 will be enacted near the start of fiscal year 2004 and that necessary funds will be provided near the start of each year. Estimates 

of outlays are based on historical spending patterns for similar activities. 

Spending subject to appropriation 

Based on information from the Forest Service, CBO estimates 

that designating the proposed wilderness would increase the agency’s administrative costs by roughly $250,000 a year. We also estimate that the agency would spend: $6 million over the 2004–2006 

period to remove 27 miles of road that currently exist within the 

proposed wilderness; $4 million over the 2004–2007 period to design and implement a system of trails; and up to $7 million over 

the 2004–2006 period to acquire nonfederal lands and interests 

within the proposed wilderness. 

Direct spending 

Designating federal lands as wilderness could result in forgone 

offsetting receipts (a credit against direct spending) if, under current law, those lands would generate income from activities such 

as timber harvesting and mining. According to the Forest Service, 

however, those lands currently generate no significant receipts and 

are not expected to do so over the next 10 years. Hence, CBO estimates that any forgone receipts under S. 391 would be negligible. 

Intergovernmental and private-sector impact: S. 391 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Megan Carroll. Impact on 

State, Local, and Tribal Governments: Marjorie Miller. Impact on 

the Private Sector: Cecil McPherson. 

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Estimate 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. 391. 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. 391, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The Committee on Energy and Natural Resources has requested 

legislative reports from the Department of Agriculture and the Office of Management and Budget setting forth Executive agency recommendations on S. 391. These reports become available, the 

Chairman will request that they be printed in the Congressional 

Record for the advice of the Senate. The testimony provided by the 

United States Forest Service at the Subcommittee hearing follows:

STATEMENT OF MARK REY, UNDER SECRETARY, 

DEPARTMENT OF AGRICULTURE

S. 391 would designate approximately 106,000 acres of 

additional wilderness on the Mt. Baker-Snoqualmie National Forest in the State of Washington. It directs the 

Secretary to assure adequate access to private in-holdings 

within the Wild Sky Wilderness and establish a trail plan 

for hiking and equestrian trails within and adjacent to the 

wilderness. The bill authorizes the use of helicopter access 

to construct and maintain a joint Forest Service and Snohomish County repeater site to provide improved communication for safety, health, and emergency services. 

S. 391 also requires the Secretary to exchange specified 

lands with the Chelan County Public Utility District if the 

District offers to the Secretary approximately 371.8 acres 

within the Mt. Baker-Snoqualmie National Forest, in exchange for a permanent easement, including helicopter access, consistent with such levels as used as of the date of 

this bill’s enactment, to maintain an existing snotel site on 

1.82 acres on the Wenatchee National Forest. The snotel 

site is currently used to monitor the snow pack for calculating expected runoff into hydroelectric projects. If, after 

the exchange occurs, Chelan County notifies the Secretary 

that they no longer need to maintain the snotel site, the 

easement will be extinguished and all rights conveyed by 

this exchange would revert to the United States. 

The Department does not oppose the designation of the 

Wild Sky Wilderness as a component of the National Wilderness Preservation System. We recognize and commend 

the delegation for its collaborative approach and local inVerDate jul 14 2003 05:11 Aug 27, 2003 Jkt 019010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR131.XXX SR131
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volvement that contribute to bipartisan support for this 

bill. However, the Department would like to work with the 

Committee to improve S. 391. 

While the vast majority of the lands described in S. 391 

are appropriate for wilderness designation, the Department has significant concerns with approximately 16,000 

acres. These acres would not be considered suitable for wilderness designation under the provisions of the 1964 Wilderness Act or under existing Forest Service regulations 

and planning direction. The Department believes that the 

current allocation of these lands under the Mt. BakerSnoqualmie Forest Plan continues to be the most suitable 

designation for these acres. 

The lands that we believe are appropriate for designation under the Wilderness Act, approximately 90,000 acres, 

consist of all of the Eagle Rock Roadless Area and portions 

of Glacier Peak A, B, K, and L. These areas retain their 

undeveloped character and are largely without permanent 

improvements or human habitation. Limiting the wilderness designation to these lands would address many of the 

Department’s concerns. 

The areas we propose for exclusion from wilderness designation include low elevation forests that have been utilized for timber harvest and mining over the last 80 years, 

still showing visible evidence of road building, logging and 

mining activities. The areas also include approximately 27 

miles of existing roads, some of which are all weather, 

drivable, and graveled. Several of the roads receive significant visitor use associated with recreation opportunities. 

The Rapid River Road is such a travel way and we recommend excluding it, in its entirety, from wilderness designation. The types of recreation experiences enjoyed by 

users along the Rapid River Road corridor include driving 

for pleasure, nature photography, fishing, picnicking and 

dispersed camping at a number of pull-off sites along the 

road. In the winter snowmobiles use this road as a part of 

the snowmobile trail system, traveling to its end point. 

Another concern lies with roads, both outside and adjacent to the proposed wilderness boundary that have narrow corridors subject to landslide and river bank erosion. 

This situation poses significant public access and resource 

management issues, as the proximity of the proposed 

boundary could result in constraints related to necessary 

repairs and road reconstruction work. We would like to 

work with the Committee on more appropriate boundaries. 

Further, we propose the exclusion of most of the approximately 2,400 acres of private patented mining claims and 

private timberlands. A boundary adjustment in the Silver 

Creek drainage would remove most of the private lands 

from the proposed Wilderness. 

Finally, the approach to naming these disconnected 

areas of land collectively as the Wild Sky Wilderness may 

cause public confusion, particularly since some of the areas 

proposed for designation are immediately adjacent to the 

existing Henry M. Jackson Wilderness. In order to miniVerDate jul 14 2003 05:11 Aug 27, 2003 Jkt 019010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6969 E:\HR\OC\SR131.XXX SR131
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mize administrative costs and reduce public confusion, the 

Department suggests designating only Eagle Rock 

Roadless Area as Wild Sky Wilderness. The Glacier Peak 

Roadless Areas A, B, K, and L should become additions to 

the adjacent Henry M. Jackson Wilderness. 

The Department supports the administrative provisions 

in the bill, particularly provisions for a repeater site to 

provide improved communications for safety and health 

purposes. The Department also supports the provisions for 

land exchange in the Glacier Peak Wilderness and provisions for management of the existing snowtel site in that 

wilderness.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 391 as ordered reported.

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