69–010 

Calendar No. 85 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–67 

TO AUTHORIZE THE SECRETARY OF AGRICULTURE TO MAINTAIN OR REPLACE CERTAIN FACILITIES AND STRUCTURES FOR COMMERICAL 

RECREATION SERVICES AT SMITH GULCH IN IDAHO, AND FOR OTHER 

PURPOSES 

MAY 16, 2017.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 590] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 590) to authorize the Secretary of Agriculture 

to maintain or replace certain facilities and structures for commercial recreation services at Smith Gulch in Idaho, 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. 590 is to authorize the Secretary of Agriculture 

to maintain or replace certain facilities and structures for commercial recreation services at Smith Gulch in Idaho. 

BACKGROUND AND NEED

Smith Gulch is located within the main Salmon Wild River corridor in the Frank Church-River of No Return Wilderness in Idaho. 

Both the Wild and Scenic River and Wilderness were designated in 

the Central Idaho Wilderness Act of 1980 (16 U.S.C. 1132). The Act 

mandates that the main Salmon River corridor be managed according to the requirements of the Wild and Scenic Rivers Act. 

In 2004, Congress amended the Wild and Scenic Rivers Act (16 

U.S.C. 1271 et seq.) to direct the U.S. Forest Service (USFS) to continue the established use and occupancy of three commercial recreation services including the services at Smith Gulch (section 340 of 

Public Law 108–447). Currently, the USFS does not interpret the 

2004 Act as providing the authority to allow the Lodge at Smith 

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Gulch to make improvements or replacements to the facilities and 

structures needed to provide recreational services that require the 

use of certain mechanized equipment. 

LEGISLATIVE HISTORY

Senators Risch and Crapo introduced S. 590 on March 9, 2017. 

On March 9, 2017, an identical bill, H.R. 1482 was introduced in 

the House by Representative Simpson. 

In the 114th Congress, S. 1777, similar legislation, was introduced by Senators Risch and Crapo on July 15, 2015. The Subcommittee on Public Lands, Forests, and Mining held a hearing on 

S. 1777 on April 21, 2016. The Committee on Energy and Natural 

Resources met in open business session on July 13, 2016, and ordered S. 1777 favorably reported as amended (S. Rept. 114–319). 

In the House of Representatives, Representative Simpson introduced a similar bill, H.R. 2312, on May 13, 2015. 

In the 113th Congress, Representative Simpson introduced a 

similar measure, H.R. 4283. The Subcommittee on Public Lands 

and Environmental Regulation held a hearing on H.R. 4283 on 

June 10, 2014. The Committee on Natural Resources reported H.R. 

4283 favorably with an amendment in the nature of a substitute 

on June 19, 2014. The House of Representatives passed H.R. 4283, 

as amended, by a vote of 398–1 on September 8, 2015. No similar 

legislation was introduced in the Senate during the 113th Congress. 

The Committee on Energy and Natural Resources met in open 

business session on March 30, 2017, and ordered S. 590 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on March 30, 2017, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 590. 

SECTION-BY-SECTION ANALYSIS

Section 1. Maintenance or replacement of facilities and structures at 

Smith Gulch 

Section 1 provides clarification that the authorization of the Secretary of Agriculture to maintain or replace facilities and structures for commercial services at Smith Gulch under the Wild and 

Scenic Rivers Act may include improvements or replacements that 

are consistent with the Central Idaho Wilderness Act of 1980 and 

would reduce impacts on wilderness or wild and scenic river resources and values. Section 1 also authorizes the Secretary to consider including, as appropriate, certain other improvements or replacements, including hydroelectric generators and associated electrical transmission facilities; water pumps for fire suppression, 

transitions from propane to electrical lighting; solar energy systems; 6-volt or 12-volt battery banks for power storage; and other 

improvements or replacements that are consistent with these that 

the Secretary deems appropriate. 

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COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 590 would authorize the Forest Service to allow three providers of commercial recreation services in the Salmon-Challis National Forest in Idaho to construct or improve certain facilities. 

Those recreation services currently operate under special use permits that do not allow those types of projects. Under the bill, if the 

operators of those recreation services request authorization to undertake those projects, the agency would be required to conduct environmental reviews. Any costs to carry out those reviews would be 

covered by cost-recovery fees assessed on the recreation services. 

Based on information provided by the Forest Service, CBO estimates that enacting the bill would increase offsetting receipts from 

cost-recovery fees and associated direct spending; therefore, pay-asyou-go procedures apply. However, CBO estimates that any net effect on direct spending would be negligible. Enacting the bill would 

not affect revenues. 

CBO estimates that enacting the legislation would not increase 

net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

S. 590 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would not 

affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by H. Samuel Papenfuss, 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. 590. 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. 590, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 590, as ordered 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

Because S. 590 is similar to legislation considered by the Committee in the 114th Congress, the Committee did not request Executive Agency views. The testimony provided by the U.S. Forest 

Service at the hearing before the Subcommittee on Public Lands, 

Forests, and Mining hearing on April 21, 2016, follows: 

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STATEMENT OF GLENN CASAMASSA, ASSOCIATE DEPUTY

CHIEF, NATIONAL FOREST SYSTEM, U.S. FOREST SERVICE, 

U.S. DEPARTMENT OF AGRICULTURE

Mr. Chairman and members of the Subcommittee, thank 

you for the opportunity to present the views of the U.S. 

Department of Agriculture (USDA) regarding S. 1777, to 

amend the Wild and Scenic Rivers Act. 

The Department opposes S. 1777 because it would create 

a negative precedent for other commercial recreation service providers on wild and scenic rivers across the nation. 

We hope to work with Senator Risch and Senator Crapo to 

find a solution that is mutually beneficial to their constituents and the Forest Service. 

More than 200 rivers in 40 states and the Commonwealth of Puerto Rico comprise the National Wild and Scenic River System. More than 12,000 river miles are protected reflecting tremendous geographic diversity, from the 

remote rivers of Alaska, Idaho and Oregon to rivers 

threading through the rural countryside of Massachusetts, 

New Hampshire, and Ohio. 

Smith Gulch is located within the Main Salmon Wild 

River corridor, located within the Frank Church-River of 

No Return Wilderness in Idaho. Both the Wild River and 

Wilderness were designated as such by the Central Idaho 

Wilderness Act of 1980 (16 U.S.C. 1132). The Act mandates that the Main Salmon River corridor be managed according to the requirements of the Wild and Scenic Rivers 

Act. 

Public Law 108–447, enacted in 2004, amended the Wild 

and Scenic Rivers Act, 16 U.S.C. 1274(a)(24)(D), and directed that the Forest Service continue to authorize the established use and occupancy of three commercial recreation services within the Main Salmon River Corridor, including the services at Smith Gulch. Such continued authorization is to be subject to such reasonable regulation 

as the Secretary deems appropriate, including rules that 

would provide for revocation for noncompliance, and upon 

revocation, reoffering the concession through a competitive 

process. 

The facilities and structures for commercial recreation 

services at Smith Gulch in Idaho are authorized and operated under a 20-year Term Special Use permit to River of 

No Return Lodge, Inc. (Permit #NFK299), issued and administered by the Salmon-Challis National Forest. The 

current permit authorizes gas-powered water pumps for 

emergency fire suppression. The permit is authorized 

under the authority of the Act of March 4, 1915, as amended July 28, 1956, (16 U.S.C. 497). This permit is issued 

with provisions and terms similar to those of recreation facilities throughout the National Forest System. The permit 

takes into account the location and surroundings of facilities and improvements, the public values affected by such 

an operation, and any specific public health and safety 

concerns. 

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The Forest Service has in place appropriate policies to 

accommodate the needs of a recreation service business operating at this location. Consistent with statutory guidance, the policies allow for such facilities and structures 

needed to provide the authorized recreation services. 

Smith Gulch operates under these policies and requirements; just as other similarly authorized businesses within 

the Main Salmon Wild River Corridor. For example, the 

management plan for the Frank Church-River of No Return Wilderness already allows for the use of chainsaws in 

the Salmon River corridor by permit; the Smith Gulch operation has obtained such a permit annually. 

The Department encourage the operators of the recreation service business at Smith Gulch to work with the appropriate local Forest Service officials to resolve any issues 

related to their utilizing existing agency regulations, policies and authorities. Allowing new facilities at this operation, including those that do not conform with the Wilderness Act and the Wild and Scenic Rivers Act, opens the 

door to others seeking similar exceptions in the wild river 

corridor of the Main Salmon River, elsewhere in the Frank 

Church-River of No Return Wilderness. The Department 

believes that this would create an undesirable precedent 

for the National Wild and Scenic Rivers System. 

This concludes my remarks. I would be happy to answer 

any questions. Thank you for the opportunity to testify. 

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 as ordered reported. 

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