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Billno should always have and extension i.e. h1.ih

HR 822 IH

To enhance ecosystem protection and the range of outdoor opportunities protected by law in the Skykomish River valley of the State of Washington by designating certain lower-elevation Federal lands as wilderness, and for other purposes.

February 13, 2003

Mr. LARSEN of Washington (for himself, Mr. DICKS, Ms. DUNN, Mr. SMITH of Washington, Mr. MCDERMOTT, Mr. BAIRD, and Mr. INSLEE) introduced the following bill; which was referred to the Committee on Resources

To enhance ecosystem protection and the range of outdoor opportunities protected by law in the Skykomish River valley of the State of Washington by designating certain lower-elevation Federal lands as wilderness, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Wild Sky Wilderness Act of 2003'.

SEC. 2. FINDINGS AND STATEMENT OF POLICY.

(a) FINDINGS- Congress finds the following:

(1) Americans cherish the continued existence of diverse wilderness ecosystems and wildlife found on their Federal lands and share a strong sense of moral responsibility to protect their wilderness heritage as an enduring resource to cherish, protect, and bequeath undisturbed to future generations of Americans.

(2) The values an area of wilderness offer to this and future generations of Americans are greatly enhanced to the degree that the area is diverse in topography, elevation, life zones and ecosystems, and to the extent that it offers a wide range of outdoor recreational and educational opportunities accessible in all seasons of the year.

(3) Large blocks of wildlands embracing a wide range of ecosystems and topography, including low-elevation forests, have seldom remained undisturbed due to many decades of development.

(4) Certain wildlands on the western slope of the Cascade Range in the Skykomish River valley of the State of Washington offer an outstanding representation of the original character of the forested landscape, ranging from high alpine meadows and extremely rugged peaks to low-elevation mature and old-growth forests, including groves with some of the largest and most spectacular trees in Washington, with diameters of eight feet and larger.

(5) These diverse, thickly forested mountain slopes and valleys of mature and old-growth trees in the Skykomish River valley harbor nearly the full complement of the original wildlife and fish species found by settlers of the 19th century, including mountain goats, bald eagles, black bear, pine marten, black-tailed deer, as well as rare and endangered wildlife such as northern spotted owls and goshawks, Chinook and Coho salmon, and steelhead and bull trout.

(6) An ecologically and topographically diverse wilderness area in the Skykomish River valley accessible in all seasons of the year will be enjoyable to users of various kinds, such as hikers, horse riders, hunters, anglers, and educational groups, but also to the many who cherish clean water and clean air, fish and wildlife (including endangered species such as wild salmon), and pristine mountain and riverside scenery.

(b) STATEMENT OF POLICY- Congress hereby declares that it is the policy of the United States--

(1) to better serve the diverse wilderness and environmental education needs of the people of the State of Washington and its burgeoning metropolitan regions by granting wilderness protection to certain lower elevation wildlands in the Skykomish River valley of the State of Washington; and

(2) to protect additional lands adjacent to the Henry M. Jackson Wilderness designated by section 3(8) of the Washington State Wilderness Act of 1984 (Public Law 98-339; 98 Stat. 300), in further tribute to the ecologically enlightened vision of the distinguished Senator from the State of Washington and former Chairman of the Committee on Energy and Natural Resources of the Senate.

SEC. 3. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM, STATE OF WASHINGTON.

(a) WILD SKY WILDERNESS- Certain Federal lands in the State of Washington comprising approximately 106,000 acres, as generally depicted on the map entitled `Wild Sky Wilderness Proposal, Map #1' and dated January 7, 2003, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The Federal lands designated as wilderness by this subsection shall be known as the Wild Sky Wilderness.

(b) MAPS AND LEGAL DESCRIPTIONS- As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the Wild Sky Wilderness with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture.

(c) ADMINISTRATION- Subject to valid existing rights, the Secretary of Agriculture shall manage the Wild Sky Wilderness in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to the Wild Sky Wilderness, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary may manage the Wild Sky Wilderness as

a comprehensive part of the larger complex of adjacent and nearby wilderness areas.

(d) NEW TRAILS-

(1) TRAIL PLAN- The Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following:

(A) A system of hiking and equestrian trails within the Wild Sky Wilderness in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.).

(B) A system of trails adjacent to or to provide access to the Wild Sky Wilderness.

(2) IMPLEMENTATION REPORT- Within two years after the date of enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the trail plan established under paragraph (1). The report shall include the identification of priority trails for development.

(e) MAINTENANCE AND USE OF CERTAIN STRUCTURES-

(1) REPEATER SITE- Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communication for safety, health, and emergency services.

(2) EVERGREEN MOUNTAIN LOOKOUT- The designation of the Wild Sky Wilderness shall not preclude the operation and maintenance of the 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 of this Act.

(f) ACCESS-

(1) PRIVATE INHOLDINGS- Consistent with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall assure adequate access to private inholdings in the Wild Sky Wilderness.

(2) FLOAT PLANE ACCESS- As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel in the Wild Sky Wilderness, where such use was established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines desirable.

(g) LAND ACQUISITION AUTHORITY-

(1) IN GENERAL- The Secretary of Agriculture may acquire lands and interests therein in the Wild Sky Wilderness by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in subsection (a).

(2) APPRAISAL- Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of designation of the Wild Sky Wilderness.

(3) BOUNDARY ADJUSTMENT- The boundaries of the Mt. Baker-Snoqualmie National Forests and the Wild Sky Wilderness shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection.

SEC. 4. LAND EXCHANGES, CHELAN COUNTY PUBLIC UTILITY DISTRICT, WASHINGTON.

(a) LAND EXCHANGES REQUIRED- In accordance with this section, the Secretary of Agriculture shall carry out a land exchange with the Chelan County Public Utility District in the State of Washington to exchange lands and interests in lands, as generally depicted on the map entitled `Chelan County Public Utility District Exchange' and dated May 22, 2002.

(b) ACCEPTANCE OF LANDS- If, within 90 days after the date of enactment of this Act, the Chelan County Public Utility District offers to the Secretary of Agriculture approximately 371.8 acres of lands held by the Utility District in the Mt. Baker-Snoqualmie National Forests in the State of Washington, the Secretary shall accept such lands if the title is acceptable to the Secretary and there is no hazardous material on such lands, which is objectionable to the Secretary.

(c) CONVEYANCE OF EASEMENT- Upon acceptance of title by the Secretary of Agriculture under subsection (b), the Secretary shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain an existing snowtel site on 1.82 acres of Federal land in the Wenatchee National Forest in the State of Washington.

(d) REVERSION- As a condition on the conveyance under subsection (c), the Chelan County Public Utility District shall notify the Secretary of Agriculture if the Utility District determines that there is no longer a need to maintain a snowtel site on the lands subject to the easement conveyed under subsection (c) to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin. Upon receipt of such notice, the easement shall be extinguished and all rights conveyed under such subsection shall revert to the United States.

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