SAINT JOE RIVER, IDAHO MONDAY, AUGUST 28, 1978 U.S. SENATE, SUBCOMMITTEE ON PARKS AND RECREATION, OF THE COMMITTEE ON ENERGY AND NATURAL RESOURCES, Wallace, Idaho. The subcommittee met, pursuant to notice, at 10 a.m. in courtroom No. 3, Shoshone County Courthouse, Hon. Frank Church, presiding. Present: Senators Church and McClure, and Congressman Symms. Also present: Laura L. Beaty, professional staff member. OPENING STATEMENT OF HON. FRANK CHURCH, A U.S. SENATOR FROM THE STATE OF IDAHO Senator CHURCH. The hour of 10 c'clock having arrived, the Parks and Recreation Subcommittee of the Senate Energy Committee has convened the hearing this morning to take testimony on S. 3052, which is legislation to designate 66%1⁄2 miles of the upper St. Joe River as a component of the National Wild and Scenic Rivers System. The original Wild and Scenic Rivers Act, which was enacted in 1968, set up the National Rivers System by designating certain rivers such as the Lochsa and middle fork of the Salmon as initial components. The act also required the study of certain other rivers, including the St. Joe, to determine if they were suitable for inclusion in the System. Since then, the required study of the St. Joe has been completed by Federal and State agencies, and the upper reaches of the St. Joe recommended by the President as an addition to the Wild and Scenic Rivers System. The review of the St. Joe, which was required by the law, set off a controversy which pitted neighbor against neighbor over the issue of how much, if any, of this river ought to be given special protection. Because of the intensity of the controversy, it looked for many years as if the residents of the St. Joe Valley might never resolve their differences. However, through the recent efforts of many of you who are here in the room today, an agreement was reached which forms the basis for the bill that we are going to consider this morning. Under the terms of this bill, the 261⁄2 miles of the river between St. Joe Lake and the Spruce Tree Campground would be designated and managed as a "wild" river; and the 40-mile stretch of the river between Spruce Tree Campground and the eastern boundary of the town of Avery would become a "recreational" river. In addition, the legislation prohibits any dredge mining upstream of Avery but helps assure that forest development outside of the river corrdior can occur by specifically guaranteeing the right to construct future access roads and bridges. The citizens who worked up this legislative proposal were mindful that particular concerns needed to be addressed in the bill. For instance, it was widely accepted that dredge mining should be prohibited in the main stem of the St. Joe and the tributary east of the town of Avery. This bill would add Federal protection against dredging where only State law now pertains. Also, it was agreed that the classification of the St. Joe would not interfere with logging and timber harvest in the accessible reaches of the St. Joe Valley. This bill addressed those concerns by guaranteeing future construction of access roads and bridges, which are essential to the timber industry in this region. It was further recognized that the inclusion of private lands in classified segments of the river would be adamantly opposed by local landowners and many other local citizens. The St. Joe Valley Association has consistently held its ground in defense of individual property rights as a local economic base. This legislation responds to those concerned as well. The proponents and opponents of river classification agree on these underlying central issues: All of them want to preserve the integrity of the magnificent St. Joe River by assuring that its clear water and high quality fishing will not be ruined by the filtration of dredging or the impoundment of its waters. In addition, the timber-based economy in the region can remain stable with the orderly harvest of timber on the St. Joe drainage, and private property rights have not been challenged or impinged upon. As I look back over the 22 years since I was first elected to the Senate, I can think of few issues as hotly contested as the issue of the future allocation and use of Federal lands and resources. Each year the arguments grow more shrill. Because of the increased polarization, it's getting harder for Congress to make basic allocations too. Subsequently, a backlog has developed. That backlog and the recent slowdown in the normal Forest Service land planning process frightens many people because it appears that a decision will never be made or, at least, postponed through law. In my opinion, we simply cannot afford to spend years and years fighting among ourselves. A new answer has to be found in order to bring a greater measure of certainty to the resource-dependent communities of our State. One approach which I believe holds great potential is the one used to decide the fate of the St. Joe, negotiation by local citizens. As we will hear today until both the proponents and opponents of the Federal classification sat down together around the same table, they couldn't agree on the issue of classification itself. However, once they agreed to start talking with each other, they found they could resolve their differences and come to a basic accord. If an agreement can be reached on the local level, then it is easier for Congress to make a decision. That was true in Idaho County with Gospel-Hump area, and it's true with the St. Joe. Those who love the scenic St. Joe, the people who worked out this proposed compromise, a special thanks for their work in this incident. And all of us owe them our thanks for their pioneering effort and cooperation. Now in the testimony that we take this morning and this afternoon we will hear from many citizens, some of whom, I am sure, will take issue with the bill; others of whom would like to see certain changes made in the bill, as well as those who approve it in its present form. That's the purpose of this hearing. It is the official process by which we open to all concerned citizens the question of the future disposition and classification of the river and invite all points of view. This is the beginning of the legislative process as far as the Senate committee is concerned, and based upon the testimony taken here today will be the decisions within the committee on the markup that would follow. This is very critical to us. We are happy that you are all here for the hearing, and we hope that it will be a very constructive and helpful hearing from all points of view. [The text of S. 3052 follows:] 95TH CONGRESS 2D SESSION S. 3052 IN THE SENATE OF THE UNITED STATES MAY 9 (legislative day, APRIL 24), 1978 Mr. CHURCH (for himself and Mr. McCLURE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act by designating the 1 Saint Joe River in Idaho as a component of the National Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That the Wild and Scenic Rivers Act (82 Stat. 906 as 4 amended; 16 U.S.C. 1274 et seq.), is further amended as 5 follows: 6 In section 3 (a) after paragraph (15) insert the fol7 lowing new paragraph: 8 "(16) SAINT JOE, IDAHO.-The Saint Joe River, in 9 cluding tributaries, from its origin in Saint Joe Lake down10 stream to the eastern boundary of the town of Avery, Idaho, |