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[Senate Report 108-136]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 260
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-136
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              OUTFITTER HUNTING CAMPS ON THE SALMON RIVER

                                _______
                                

                 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. 1003]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1003) to clarify the intent of Congress 
with respect to the continued use of established commercial 
outfitter hunting camps on the Salmon River, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    On page 1, line 7, insert ``as of June 6, 2003,'' after 
``occupancy''.

                         Purpose of the Measure

    S. 1003 amends section 3(a)(24) of the Wild and Scenic 
Rivers Act to authorize the established use and occupancy of 
three commercial outfitter hunting camps on the Salmon River in 
Idaho.

                          Background and Need

    Public Law 96-312, the Central Idaho Wilderness Act (CIWA) 
of 1980, designated over two million acres of the Idaho back 
country as the ``River of No Return Wilderness'' and 79 miles 
of the Salmon river as a ``wild'' component of the Wild and 
Scenic Rivers Act. The CIWA included a finding that ``such 
protection can be provided without conflicting with established 
uses.'' Section 9(b) of the CIWA states that the river corridor 
is to be managed under the Wild and Scenic Rivers Act, rather 
than the more restrictive provisions of the Wilderness Act.
    Along this 79 mile stretch of the Salmon River are a number 
of ``hunting camps.'' Ten of the camps are privately owned and 
three are under Forest Service permit. The three permitted 
camps were established and in use prior to enactment of the 
CIWA. One highly visible hunting camp was allowed to be moved 
in 1987 to a new site where it is now screened from view, with 
the intent of enhancing the values that caused the river to be 
designated.
    Although the legislative history accompanying the CIWA 
indicates an intent to provide for the continued use of the 
three camps, there is considerable uncertainty about the extent 
and nature of what is authorized. The uncertainty resulted in a 
lawsuit and a Federal district court judgment in September 
2000, requiring the removal of the three camps. Wilderness 
Watch v. United States Forest Service,143 F. Supp. 2d 1186 (d. 
Mont. 2000). S. 1003 will have the effect of over turning the 
court decision by authorizing the established use and occupancy 
of these three camps on the Salmon River.

                          Legislative History

    S. 1003 was introduced by Senator Craig on May 6, 2003 and 
is cosponsored by Senator Crapo. The Subcommittee on Public 
Lands and Forests held a hearing on S. 1003 on June 4, 2003. At 
its business meeting on July 23, 2003, the Committee on Energy 
and Natural Resources ordered S. 1003, as amended, favorably 
reported.

                        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. 1003, if amended as 
described herein.

                          Committee Amendment

    During the consideration of S. 1003, the Committee adopted 
an amendment that clarifies that the established use and 
occupancy of authorized by this Act is the level that existed 
as of June 6, 2003.

                      Section-by-Section Analysis

    S. 1003 amends section 3(a)(24) of the Wild and Scenic 
Rivers Act, relating to the designation of the Salmon River by 
adding a new subparagraph. The new subparagraph provides that 
the established use and occupancy for three specific hunting 
camps on the Salmon River, shall continue to be authorized, 
subject to such reasonable regulation as the Secretary of 
Agriculture deems appropriate, including rules that would 
provide for termination for the non-compliance, and if 
terminated, re-offering the site through a competitive process.
    Nothing in this Act is intended to restrict or otherwise 
limit the Secretary of Agriculture's authority to administer 
the three permits at issue under the laws and regulations 
generally applicable to National Forest System lands.

                   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. 1003, a bill to 
clarify the intent of Congress with respect to the continued 
use of established commercial outfitter hunting camps on the 
Salmon River.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 1003--A bill to clarify the intent of Congress with respect to the 
        continued use of established commercial outfitter hunting camps 
        on the Salmon River

    S. 1003 would allow three hunting camps located on the 
Salmon River, a designated wild and scenic river in Idaho, to 
continue to operate. As the result of a lawsuit against the 
U.S. Forest Service, those camps are required to vacate, by 
December 31, 2005, the sites they presently occupy under 
special permits.
    Based on information provided by the Forest Service, CBO 
estimates that enacting S. 1003 would have no significant 
impact on the Federal budget. Allowing the camps to continue to 
operate would result in increased offsetting receipts (of less 
than $10,000 a year) beginning in fiscal year 2006 because the 
Forest Service would be able to continue collecting permit fees 
from them. (Such receipts are deposited in the general fund of 
the Treasury and cannot be spent without appropriation.)
    S. 1003 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 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. 1003. 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. 1003, as ordered reported.

                        Executive Communications

    On July 23, 2003, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Agriculture and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1003. These 
reports had not been received at the time the report on S. 1003 
was filed. When the 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 Forest 
Service at the Subcommittee hearing follows:

 Statement of Mark Rey, Under Secretary, U.S. Department of Agriculture

    S. 1003 would amend the Wild and Scenic Rivers Act to 
clarify the intent of Congress with respect to the continued 
use of three long-established commercial outfitter hunting 
camps on the Salmon River.
    S. 1003 would direct the continued authorization of the use 
and occupancy of lands and maintenance or replacement 
facilities and structures for commercial recreation services at 
Stub Creek, Arctic Creek, and Smith Gulch. The Forest Service's 
special use permits for the camps would be subject to 
revocation only for noncompliance. If revoked, S. 1003 would 
require the Forest Service to re-offer the permits through a 
competitive process.
    The hunting camps in question are located on the wild 
section of the Salmon Wild and Scenic River in the Frank 
Church-River of No Return Wilderness managed by the Salmon and 
Challis National Forests. The camps were in existence prior to 
the passage of the Central Idaho Wilderness Act of 1980, which 
designated the river segment as a component of the Wild and 
Scenic River system. One of the camps was relocated to Smith 
Gulch in 1988.
    The camps operate under special use permits administered by 
the Forest Service and they provide unique, traditional 
services and experiences to the public in a setting that cannot 
be duplicated. Historically, the Forest Service had taken the 
position that the camps--and the associated permanent 
facilities that are at issue--are consistent with agency policy 
and the law. In 1995 the Forest Service reauthorized the 
special use permits for the camps through 2010.
    In 2000, however, a Federal court found the permanent 
facilities to be in violation of the Wild and Scenic Rivers Act 
and ordered the Forest Service to have them removed. When the 
court ordered the Forest Service to remove these facilities, it 
also directed the agency to consider the needs of the camp 
owners in setting a timetable for removal. In January 2003, the 
Supervisor of the Salmon-Challis National Forest signed a 
Record of Decision (ROD) that continued use of the camps with 
temporary facilities and set a schedule of removal of all 
permanent facilities at the three camps by December 31, 2005.
    Mr. Chairman, in the context of these three camps the 
Department supports efforts to clarify congressional intent 
regarding permanent facilities within this designated river 
corridor. The Department would like to work with the Committee 
on amendments to the measure that would provide the Secretary 
maximum flexibility to make appropriate determinations 
regarding permit duration and other terms and conditions under 
which the use and occupancy of national forest system lands are 
authorized so that high quality, traditional, services that (1) 
meet the public needs, (2) adhere to the legal requirements 
related to special use authorizations on national forest system 
lands, and (3) are consistent with the public expectations for 
river corridors listed under the Wild and Scenic Rivers Act 
will be provided.
    This concludes my statement. I would be happy to answer 
your questions.

                        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. 1003, 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 (16 U.S.C. sec. 1274)

           *       *       *       *       *       *       *

    Section 3(a)(24) Salmon, Idaho.--
         (A) * * *

           *       *       *       *       *       *       *

         (D) The established use and occupancy as of June 6, 
        2003, of lands and maintenance of replacement of 
        facilities and structures for commercial recreation 
        services at Stub Creek located in Section 28, T24N, 
        R14E, Boise Principal Meridian, at Arctic Creek located 
        in Section 21, T25N, R12E, Boise Principal Meridian and 
        at Smith Gulch located in Section 27, T25N, R12E, Boise 
        Principal Meridian shall continue to be authorized, 
        subject to such reasonable regulation as the Secretary 
        deems appropriate, including rules that would provide 
        for termination for non-compliance, and if terminated, 
        referring the site through a competitive process.
         (E)[D] Subject to existing rights of the State of 
        Idaho, including the right of access, with respect to 
        the beds of navigable streams, tributaries or rivers, 
        dredge and placer mining in any form including any use 
        of machinery for the removal of sand and gravel for 
        mining purposes shall be prohibited within the segment 
        of the Salmon River designated as a component of the 
        Wild and Scenic Rivers System by this paragraph; within 
        the fifty-three mile segment of the Salmon River from 
        Hammer Creek downstream to the confluence of the Snake 
        River; and within the Middle Fork of the Salmon River; 
        and its tributary streams in their entirety: Provided, 
        That nothing in this paragraph shall be deemed to 
        prohibit the removal of sand and gravel, outside the 
        boundaries of the River of No Return Wilderness or the 
        Gospel-Hump Wilderness, above the high water mark of 
        the Salmon River or the Middle Fork and its tributaries 
        for the purposes of construction or maintenance of 
        public roads: Provided further, That this paragraph 
        shall not apply to any written mineral leases approved 
        by the Board of Land Commissioners of the State of 
        Idaho prior to January 1, 1980.
         (F)[E] The provisions of section 7(a) of this Act with 
        respect of the licensing of dams, water conduits, 
        reservoirs, powerhouses, transmission lines or other 
        project works, shall apply to the fifty-three-mile 
        segment of the Salmon River from Hammer Creek 
        downstream to the confluence of the Snake River.
         (G)[F] For the purposes of the segment of the Salmon 
        River designated as a component of the wild and Scenic 
        Rivers System by this paragraph, there is hereby 
        authorized to be appropriated from the Land and Water 
        Conservation Fund, after October 1, 1980, not more than 
        $6,200,000 for the acquisition of lands and interests 
        in lands.

                                
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