59–010 

Calendar No. 255 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–121 

WILD SKY WILDERNESS ACT OF 2007 

JUNE 28, 2007.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 886] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (H.R. 886) 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 

without amendment and recommends that the Act do pass. 

PURPOSE OF THE MEASURE

The purpose of H.R. 886 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

H.R. 886 designates approximately 106,000 acres of National 

Forest lands in the Mt. Baker-Snoqualmie National Forest in 

Washington State as the Wild Sky Wilderness. 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 wilderness areas in the Cascade Range. 

Designation of the Wild Sky Wilderness will also place forest 

lowlands into the wilderness system in Washington State. Current 

wilderness areas in western Washington State are primarily highelevation and, while important, do not reflect a wide range of ecoVerDate Aug 31 2005 05:34 Jun 30, 2007 Jkt 059010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR121.XXX SR121

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logical systems. Included within the Wild Sky Wilderness are large 

Douglas Fir and Cedar trees. The North Fork Skykomish River and 

its tributaries provide important habitat for salmon and steelhead 

and surrounding forest contains a wide variety of wildlife, including spotted owls, pileated woodpeckers, bald eagles, pine martens, 

deer, and cougars. 

LEGISLATIVE HISTORY

H.R. 886, sponsored by Representative Larsen, passed the House 

of Representatives by a voice vote on April 17, 2007. Senators Murray and Cantwell introduced a companion measure, S. 520, on February 7, 2007. 

During the 109th Congress, Senators Murray and Cantwell introduced a similar bill, S. 152. The Committee on Energy and Natural 

Resources ordered S. 152 favorably reported, with amendments on 

March 10, 2005 (S. Rept. 109–28). S. 152 passed the Senate by 

unanimous consent on July 26, 2005. No further action occurred in 

the House of Representatives on either S. 152, or the House companion measure, H.R. 851, sponsored by Representative Larsen. 

Senators Murray and Cantwell also introduced a Wild Sky Wilderness bill in the 108th Congress, S. 391. The Subcommittee on 

Public Lands and Forests held a hearing on S. 391 on June 4, 2003 

(S. Hrg. 108–68). The bill was favorably reported by the Committee 

on Energy and Natural Resources, with amendments on July 23, 

2003 (S. Rept. 108–131). S. 391 passed the Senate by unanimous 

consent on November 24, 2003. 

The Committee first considered the Wild Sky Wilderness proposal in the 107th Congress, when Senators Murray and Cantwell 

introduced S. 2565. The Subcommittee on Public Lands and Forests 

held a hearing on S. 2565 on July 30, 2002 (S. Hrg. 107–846). The 

Committee ordered the bill favorably reported on October 8, 2002 

(without written report). The text of the bill passed the Senate on 

November 20, 2002, as Title V of S. 2222, the Cape Fox Land Entitlement Adjustment Act of 2002. 

At its business meeting on May 23, 2007, the Committee on Energy and Natural Resources ordered H.R. 886 favorably reported, 

without amendment. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on May 23, 2007, by a unanimous voice vote 

of a quorum present, recommends that the Senate pass H.R. 886. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘Wild Sky Wilderness Act 

of 2007.’’

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

Forest lands in the State of Washington as wilderness, as depicted 

on the referenced map. 

Subsection (b) directs the Secretary of Agriculture to file a map 

and legal description of the wilderness area as soon as practicable 

after the date of enactment with the Committee on Energy and 

Natural Resources and the House Committee on Natural Resources. The map and legal description are also required to be 


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available for public inspection in office of the Chief of the Forest 

Service. 

Section 3(a) provides that the lands designated as wilderness 

under this Act shall be managed by the Secretary of Agriculture in 

accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), subject to valid existing rights. The subsection authorizes the Secretary of Agriculture to manage the Wild Sky Wilderness as a comprehensive part of the larger complex of adjacent and nearby wilderness. 

Subsection (b) directs the Secretary to consult with interested 

parties and to establish a trail plan for Forest Service lands in 

order to develop a system of hiking and equestrian trails within the 

Wild Sky Wilderness in a manner consistent with the Wilderness 

Act, and to develop a system of trails adjacent to or to provide access to the Wild Sky Wilderness. 

Subsection (c) authorizes the Secretary of Agriculture to use helicopter access to construct and maintain a joint Forest Service and 

Snohomish County telecommunications repeater site, in compliance 

with a Forest Service approved communications site plan. 

Subsection (d) restates a provision in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1131(d)(1)) that allows for the continued use 

of float planes within wilderness areas, where such use has already 

become established. Within the Wild Sky Wilderness, the specific 

site referenced in the subsection for continued float plane access is 

Lake Isabel. 

Subsection (e) clarifies that the designation of the Wild Sky Wilderness shall not preclude the operation of the existing Evergreen 

Mountain Lookout in the same manner and degree in which the operation and maintenance of the lookout was occurring as of the 

date of enactment. 

Section 4(a) authorizes the Secretary of Agriculture to acquire 

lands and interests therein by purchase, donation, or exchange, 

with priority consideration for acquiring lands identified as such on 

the official map. The boundaries of the National Forest and the wilderness area are to be modified to reflect the inclusion of any acquired lands. 

Subsection (b) directs the Secretary of Agriculture to ensure adequate access to inholdings within the Wild Sky Wilderness, consistent with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)). 

Subsection (c) provides that valuation of lands acquired under 

this Act shall be determined without reference to any restrictions 

on access or use which arise out of designation of the wilderness 

under this Act. 

Section 5 directs the Secretary of Agriculture to enter into a land 

exchange with the Chelan County Public Utility District as depicted on the referenced map, and sets out the procedures and requirements for the exchange. Under the exchange, the Utility District would convey approximately 372 acres of lands to the Forest 

Service within the Mt. Baker-Snoqualmie National Forest in exchange for a permanent easement, including helicopter access, consistent with use levels as of the date of enactment, to maintain an 

existing telemetry site to monitor snow pack on 1.82 acres on the 

Wenatchee National Forest. 


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COST AND BUDGETARY CONSIDERATIONS

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

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 30, 2007. 

Hon. JEFF BINGAMAN, 

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 H.R. 886, the Wild Sky Wilderness Act of 2007. 

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

to provide them. The CBO staff contact is Tyler Kruzich. 

Sincerely, 

PETER R. ORSZAG, Director. 

Enclosure. 

H.R. 886—Wild Sky Wilderness Act of 2007 

Summary: H.R. 886 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 act 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, H.R. 886 would direct the Secretary to convey to a 

local public utility district a permanent easement to operate a 

snow-monitoring device on 1.82 acres of national forest land in exchange for roughly 372 acres of land owned by that district. 

CBO estimates that implementing H.R. 886 would cost $19 million over the 2008–2012 period, assuming appropriation of the necessary amounts. Enacting this legislation could affect offsetting receipts and direct spending, but we estimate that any such effects 

would be negligible. Enacting the legislation would not affect revenues. 

H.R. 886 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 H.R. 886 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................................... 7 5 5 1 1 

Estimated Outlays ......................................................................................... 7 5 5 1 1 

Basis of estimate: CBO estimates that implementing H.R. 886 would cost $19 million over the 2008–2012 period, assuming appropriation of the necessary amounts. We estimate that any forgone 


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offsetting receipts (a credit against direct spending) from enacting 

this legislation would be negligible. Furthermore, any such changes 

would be offset by lowered direct spending. For this estimate, CBO 

assumes that the legislation will be enacted before the start of fiscal year 2008 and that the amounts estimated to be necessary will 

be appropriated near the start of each fiscal year. Estimates of outlays are based on historical spending patterns for similar activities. 

Spending subject to appropriation 

Based on information provided by the Forest Service, CBO estimates that designating the proposed wilderness would increase the 

agency’s administrative costs by roughly $250,000 to $500,000 a 

year. We also estimate that the agency would spend $6 million over 

the 2008–2010 period to remove roads that currently exist within 

the proposed wilderness, $4 million over the 2008–2010 period to 

design and implement a system of trails, and up to $7 million over 

the same period to acquire nonfederal lands and interests within 

the proposed wilderness. 

Direct spending 

Designating federal lands as wilderness could result in forgone 

offsetting receipts if, under current law, those lands would generate 

income from activities such as timber harvesting and mining. According to the Forest Service, those lands currently generate no significant receipts but do contain timber valued at $6 million that 

may be harvested in the future. Such sales proceeds can be spent 

by the Forest Service without further appropriation. Thus, CBO estimates that any net budgetary impact from enacting this legislation would be negligible. 

Intergovernmental and private-sector impact: H.R. 886 contains 

no intergovernmental or private-sector mandates as defined in 

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

Previous estimate: On March 28, 2007, CBO transmitted a cost 

estimate for H.R. 886 as ordered reported by the House Committee 

on Natural Resources on March 7, 2007. The versions of the legislation are identical, as are the CBO cost estimates. 

Estimate prepared by: Federal Costs: Tyler Kruzich; Impact on 

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

the Private-Sector: Amy Petz. 

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 

H.R. 886. The Act 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 H.R. 886, as ordered reported. 


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EXECUTIVE COMMUNICATIONS

Because H.R. 886 is similar to legislation considered by the Committee in the 109th, 108th, and 107th Congresses, the Committee 

did not request Executive Agency views. The testimony provided by 

the Department of Agriculture at the Subcommittee hearing on S. 

391 in the 108th Congress follows: 

STATEMENT OF MARK REY, UNDER SECRETARY, 

DEPARTMENT OF AGRICULTURE

* * * * * * * 

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to appear before you today. I am 

Mark Rey, Natural Resources and Environment Under 

Secretary for the United States Department of Agriculture. 

I am here today to provide the Administration’s comments 

on S. 391—Wild Sky Wilderness Act of 2003 and S. 1003— Outfitter Hunting Camps on the Salmon River. 

S. 391—The Wild Sky Wilderness Act of 2003 

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 involvement 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 wilVerDate Aug 31 2005 05:34 Jun 30, 2007 Jkt 059010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR121.XXX SR121

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derness 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 minimize 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 


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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. 

* * * * * * * 

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, the Committee notes that no 

changes in existing law are made by the Act H.R. 886, as 

ordered reported. 


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