[House Report 113-369]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-369
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RIVER PADDLING PROTECTION ACT
_______
February 28, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 3492]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3492) to provide for the use of hand-propelled
vessels in Yellowstone National Park, Grand Teton National
Park, and the National Elk Refuge, and for other purposes,
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. SHORT TITLE.
This Act may be cited as the ``River Paddling Protection Act''.
SEC. 2. REGULATIONS SUPERSEDED.
(a) In General.--The rivers and streams of Yellowstone National Park
and Grand Teton National Park shall be open to hand-propelled vessels
as determined by the director of the National Park Service within 3
years of the date of enactment of this Act. Beginning on the date that
is 3 years after the date of enactment of this Act, the following
regulations shall have no the force or effect regarding closing rivers
and streams of Yellowstone National Park and Grand Teton National Park
to hand-propelled vessels:
(1) Section 7.13(d)(4)(ii) of title 36, Code of Federal
Regulations, regarding vessels on streams and rivers in
Yellowstone National Park.
(2) Section 7.22(e)(3) of title 36, Code of Federal
Regulations, regarding vessels on lakes and rivers in Grand
Teton National Park.
(b) Coordination of Recreational Use.--The Fish and Wildlife Service
shall coordinate any recreational use of hand-propelled vessels on the
Gros Ventre River within the National Elk Refuge with Grand Teton
National Park to ensure such use is consistent with the requirements of
the National Wildlife Refuge Administration Act.
PURPOSE OF THE BILL
The purpose of H.R. 3492 is to provide for the use of hand-
propelled vessels in Yellowstone National Park, Grand Teton
National Park, and the National Elk Refuge.
BACKGROUND AND NEED FOR LEGISLATION
The rivers and streams of Yellowstone National Park were
closed to paddling on the opening day of fishing season in 1950
to reduce fishing pressure exerted on park waters during the
post-war period. In 1962 Grand Teton National Park implemented
a similar policy prohibiting paddling on all park rivers and
streams except the Snake River and the stream connecting
Bearpaw Lake and Jackson Lake.
Each park policy was codified in federal regulations which
are now over 50 years old, and numerous Americans have been
subjected to arrest and fines for paddling these rivers. The
National Park Service (NPS) has other common management tools
to prevent overfishing, rendering the original purpose of the
paddling closures and the regulations moot.
Paddling is typically considered an appropriate activity in
National Parks and other protected federal lands, and is
typically managed commensurate with other similar forms of
recreation. H.R. 3492 restores flexible management discretion
to the NPS. Opening the rivers to paddling would encourage the
NPS to actively manage paddling as an appropriate and
sustainable activity.
COMMITTEE ACTION
H.R. 3492 was introduced on November 14, 2013, by
Congresswoman Cynthia M. Lummis (R-WY). The bill was referred
to the Committee on Natural Resources, and within the Committee
to the Subcommittees on Public Lands and Environmental
Regulation and Fisheries, Wildlife, Oceans, and Insular
Affairs. On November 21, 2013, the Subcommittee on Public Lands
and Environmental Regulation held a hearing on the bill. On
January 28, 2014, the Natural Resources Committee met to
consider the bill. The Subcommittees on Public Lands and
Environmental Regulation and Fisheries, Wildlife, Oceans, and
Insular Affairs were discharged by unanimous consent.
Congresswoman Lummis offered an amendment designated .029 to
the bill; the amendment was adopted by unanimous consent. The
bill as amended was then adopted and 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.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 3492--River Paddling Protection Act
H.R. 3492 would nullify, within three years of the bill's
enactment, existing regulations prohibiting hand-propelled
vessels on streams and rivers in the Yellowstone and Grand
Teton National Parks in the states of Wyoming, Montana, and
Idaho. The legislation also would direct the Fish and Wildlife
Service to coordinate the use of hand-propelled vessels on the
Gros Ventre River within the National Elk Refuge in Wyoming.
Under existing regulations, the National Park Service (NPS) has
prohibited boating on five of the 168 lakes in Yellowstone
National Park and a 1,000-foot section of the Snake River in
Grand Teton National Park.
Based on information provided by the Department of the
Interior, CBO estimates that implementing H.R. 3492 would cost
about $4 million over the 2014-2019 period, subject to the
availability of appropriated funds. In the absence of existing
regulations, NPS would need to promulgate new regulations
concerning the affected streams and rivers and conduct
environmental and feasibility studies. Additionally, NPS
operating costs would increase to manage boating on the streams
and rivers opened by the legislation. Enacting H.R. 3492 would
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
H.R. 3492 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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. CBO estimates that
implementing H.R. 3492 would cost about $4 million over the
2014-2019 period, subject to the availability of appropriated
funds. Enacting H.R. 3492 would not affect direct spending or
revenues.
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 provide for the use of hand-
propelled vessels in Yellowstone National Park, Grand Teton
National Park, and the National Elk Refuge.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.