19–010

Calendar No. 260

108TH CONGRESS REPORT " SENATE ! 1st Session 108–136

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. 

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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. 

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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. 

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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 reoffer 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 

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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)øD¿ 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 

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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)øE¿ 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)øF¿ 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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