89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–291 

TO AMEND THE WILD AND SCENIC RIVERS ACT TO DESIGNATE A SEGMENT OF ILLABOT CREEK IN SKAGIT COUNTY, WASHINGTON, AS A COMPONENT OF THE NATIONAL WILD AND SCENIC RIVERS SYSTEM 

OCTOBER 8, 2009.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 1593] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1593) to amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, 

as a component of the National Wild and Scenic Rivers System, 

having considered the same, report favorably thereon with an 

amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. 

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 

adding at the end the following: 

‘‘(lll) ILLABOT CREEK, WASHINGTON.— 

‘‘(A) The 14.3 mile segment from the headwaters of Illabot Creek to the 

north 1/16 line of section 34, township 35 north, range 10 east, Willamette 

Meridian, excepting any lands north of a line 200 feet southerly and perpendicular to the southerly right-of-way line of the Rockport-Cascade Road, 

through lands of the United States, the Washington State Department of 

Natural Resources, and lands owned by, or administered by agencies of, the 

City of Seattle, excepting any lands under any private ownership to be administered by the Secretary of Agriculture as follows: 

‘‘(i) The 4.3 mile segment from the headwaters of Illabot Creek to the 

boundary of Glacier Peak Wilderness Area as a wild river. 

‘‘(ii) The 10 mile segment from the boundary of Glacier Peak Wilderness to north 1/16 line of section 34, township 35 north, range 10 east, 

Willamette Meridian, excepting any lands north of a line 200 feet 

southerly and perpendicular to the southerly right-of-way line of the 

Rockport-Cascade Road as a recreational river. 

‘‘(B) Action required to be taken under subsection (d)(1) for the river segments designated under this paragraph shall be completed through revision 

of the Skagit Wild and Scenic River comprehensive management plan.’’. 


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PURPOSE OF THE BILL

The purpose of H.R. 1593 is to amend the Wild and Scenic Rivers 

Act to designate a segment of Illabot Creek in Skagit County, 

Washington, as a component of the National Wild and Scenic Rivers System. 

BACKGROUND AND NEED FOR LEGISLATION

The U.S. Forest Service studied Illabot Creek for potential Wild 

and Scenic River designation as part of the Mt. Baker-Snoqualmie 

National Forest planning process. The study found that the creek 

possesses ‘‘outstandingly remarkable values’’ due to its fish populations and the presence of extraordinary wildlife in the surrounding habitat. For example, a bald eagle communal night roost 

is located in the river, and the creek is important habitat for bear, 

beaver, otter, black-tailed deer, Roosevelt elk, spotted owls, and 

mountain goats. 

Mt. Baker-Snoqualmie National Forest administers the Glacier 

Peak Wilderness, which contains the upper five miles of the creek. 

If the creek were to be designated, it would extend the existing designated Skagit National Wild and Scenic River (established in Section 703 of Public Law 95–625). 

The bill would designate a 4.3-mile segment as a wild river and 

a 10-mile segment as a recreational river. Nothing in H.R. 1593 

would give the Forest Service authority to regulate the use of private lands. 

COMMITTEE ACTION

H.R. 1593 was introduced by Representative Rick Larsen (D– 

WA) on March 18, 2009. The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on National Parks, Forests and Public Lands. On July 8, 2009 the 

Subcommittee held a hearing on the bill. The administration testified in favor of H.R. 1593. 

On September 10, 2009, the Subcommittee was discharged from 

further consideration of H.R. 1593 and the full Natural Resources 

Committee met to consider the bill. Subcommittee Chairman Rau ́l 

Grijavla (D–AZ) offered an amendment in the nature of a substitute to more specifically describe the segment of the river to be 

designated. The amendment was agreed to by unanimous consent. 

The bill, as amended, was then ordered favorably reported to the 

House of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 


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COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to amend the Wild and Scenic Rivers Act to designate 

a segment of Illabot Creek in Skagit County, Washington, as a 

component of the National Wild and Scenic Rivers System. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 1593—A bill to amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers 

System 

H.R. 1593 would designate an additional 14.3 miles of the Illabot 

Creek in Washington State as part of the National Wild and Scenic 

Rivers System. Based on information provided by the U.S. Forest 

Service and assuming the availability of appropriated funds, CBO 

estimates that the Forest Service would spend about $20,000 a 

year to maintain, protect, and enhance the creek. Enacting H.R. 

1593 would not affect direct spending or revenues. 

The bill 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 Matthew Pickford. The 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 1593 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 


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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

WILD AND SCENIC RIVERS ACT 

* * * * * * * 

SEC. 3. (a) The following rivers and the land adjacent thereto are 

hereby designated as components of the national wild and scenic 

rivers system: 

(1) * * * 

* * * * * * * 

(lll) ILLABOT CREEK, WASHINGTON.— 

(A) The 14.3 mile segment from the headwaters of Illabot 

Creek to the north 1/16 line of section 34, township 35 

north, range 10 east, Willamette Meridian, excepting any 

lands north of a line 200 feet southerly and perpendicular 

to the southerly right-of-way line of the Rockport-Cascade 

Road, through lands of the United States, the Washington 

State Department of Natural Resources, and lands owned 

by, or administered by agencies of, the City of Seattle, excepting any lands under any private ownership to be administered by the Secretary of Agriculture as follows: 

(i) The 4.3 mile segment from the headwaters of 

Illabot Creek to the boundary of Glacier Peak Wilderness Area as a wild river. 

(ii) The 10 mile segment from the boundary of Glacier Peak Wilderness to north 1/16 line of section 34, 

township 35 north, range 10 east, Willamette Meridian, 

excepting any lands north of a line 200 feet southerly 

and perpendicular to the southerly right-of-way line of 

the Rockport-Cascade Road as a recreational river. 

(B) Action required to be taken under subsection (d)(1) 

for the river segments designated under this paragraph 

shall be completed through revision of the Skagit Wild and 

Scenic River comprehensive management plan. 

* * * * * * * 

Æ 


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