69–010 

Calendar No. 142 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–106 

METHOW HEADWATERS PROTECTION ACT 

JUNE 13, 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. 566] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 566) to withdraw certain land in Okanogan 

County, Washington, to protect the land, 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. 566 is to withdraw certain land in Okanogan 

County, Washington, to protect the land from potential mineral development. 

BACKGROUND AND NEED

The Methow River watershed in Okanogan County, Washington, 

supports outdoor recreation, farming, and salmon and other wildlife habitat. Seven federally protected fish and wildlife species are 

found in the area, including the Northern spotted owl, grizzly bear, 

Canada lynx, spring Chinook salmon, steelhead, and bull trout. 

The watershed is also home to bald and golden eagles, martens, 

mountain goats, mule and white-tailed deer, and wolves. More than 

$100 million has been invested in restoration and conservation efforts in the Methow Valley through Federal, state, local, and private investment. 

In 2013, Blue River Resources Ltd., a Canadian mining company, 

filed an application with the U.S. Forest Service to conduct exploration activity on land located within the Okanogan-Wenatchee NaVerDate Sep 11 2014 05:14 Jun 14, 2017 Jkt 069006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR106.XXX SR106
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tional Forest on Flagg Mountain, above the community of Mazama, 

Washington. The exploration would allow the company to assess a 

known ore deposit that the company believes might contain as 

much as one billion pounds of copper and other minerals. Under 

the General Mining Law of 1872, the company has a right to explore for and develop mineral rights on federal lands. 

Shortly thereafter, many in the local community sought to protect the Methow headwaters from potential threats by withdrawing 

the area from mineral entry. A withdrawal does not prevent all 

mining from occurring because it leaves in place valid existing 

rights but it imposes validity determination requirements that 

could make future mining far less likely. 

LEGISLATIVE HISTORY

S. 566 was introduced by Senators Cantwell and Murray on 

March 8, 2017. 

In the 114th Congress, Senators Murray and Cantwell introduced a similar bill, S. 2991, on May 25, 2016. The Committee on 

Energy and Natural Resources held a hearing on the bill on September 22, 2016. 

The Committee on Energy and Natural Resources met in an open 

business session on March 30, 2017, and ordered S. 566 favorably 

reported without amendment. 

COMMITTEE RECOMMENDATION

The 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. 566. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides a short title for the measure. 

Section 2. Methow Valley, Washington, Federal land withdrawal 

Section 2(a) describes the map depicting the lands to be withdrawn. 

Subsection (b) withdraws approximately 340,079 acres of Federal 

land from all entry, appropriation, disposal, location, and patent 

under public land laws, mining laws, and geothermal leasing laws. 

Subsection (c) mandates that any land located within the area of 

the Map that is acquired by the United States after enactment of 

this Act shall, on acquisition, be immediately withdrawn in accordance with this section. 

Subsection (d) requires the map to be kept on file and made 

available for inspection by the appropriate offices of the Forest 

Service and Bureau of Land Management. 

COST AND BUDGETARY CONSIDERATIONS

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

S. 566 would withdraw 340,000 acres of federal land in the state 

of Washington from programs to develop any geothermal and mineral resources on that land. Based on information from the Forest 

Service, CBO expects that the affected lands will not generate any 

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income over the next 10 years under current law, and costs to administer the land would not significantly change under the bill. 

Pay-as-you-go procedures do not apply because enacting the legislation would not affect direct spending or revenues. 

CBO estimates that enacting S. 566 would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2028. 

S. 566 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 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. 566. 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. 566, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 566, 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. 566 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 Committee on Energy and Natural Resources hearing on September 22, 2016, follows: 

STATEMENT OF LESLIE WELDON, DEPUTY CHIEF, NATIONAL

FOREST SYSTEM, FOREST SERVICE, U.S. DEPARTMENT OF

AGRICULTURE

Madam Chairman and members of the Committee, 

thank you for the opportunity to present the views of the 

U.S. Department of Agriculture (USDA) regarding S. 346, 

S. 2991, S. 3192, S. 3203, S. 3254, and S. 3273. 

S. 2991, ‘‘THE METHOW HEADWATERS PROTECTION ACT OF

2016’’ 

S. 2991 proposes to withdraw approximately 340,079 

acres of Federal land and interests in the land located in 

the Okanogan-Wenatchee National Forest from all forms 

of mineral development. The Methow region is one of several areas on National Forest System lands across the 

country where the USDA Forest Service is analyzing comVerDate Sep 11 2014 05:14 Jun 14, 2017 Jkt 069006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6969 E:\HR\OC\SR106.XXX SR106
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plex and often controversial potential mineral activities. 

The agency anticipated completing the NEPA environmental assessment and making a decision during the summer of 2016 regarding a proposed permit for mineral exploration. However, through the public engagement process and subsequent analysis, several new considerations 

have surfaced, including tribal concerns regarding the impacts of mining activity in the area proposed for exploration. The Department of Agriculture supports S. 2291 

and believes a mineral withdrawal is the best path toward 

mitigating any impacts to the ecological, cultural and economic significance of the Methow Valley to the surrounding community. 

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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