As valid today as when first formulated and passed as law, legislative history paints a story of brilliant compromise, concern and forethought for the future of the Stehekin Valley and Community. Ron Scutt has gathered a comprehensive, interesting synopsis of the language and law that gave Stehekin a special status within a large, national movement for preservation.  We thank Ron for his many hours of study and gathering of materials in the following, vital documents. ~Stehekin Heritage

Creating The Lake Chelan National Recreation Area and The North Cascades National Park

As in all communities, living in Stehekin carries the responsibility of citizenship. We are a very small community with a very large public responsibility. We live in an area treasured by Americans across the United States, as well as citizens of other countries. In 1968, Public Law 90-544 was passed by the US Congress. This official act of Congress reflected the desires of the American people, the national constituency, as expressed in hearings held in the State of Washington and Washington D.C.. This public law set forth the principles by which the NPS was to administer this area for the general good of the public. The “general good of the public” included environmental, visitor service, and community life concerns.

The passage of PL 90-544 heralded the beginning of new management in the North Cascades. Previously, federal lands were administered by the U.S. Forest Service. The new law placed federal lands in the Stehekin Valley (Lake Chelan National Recreation Area), and the North Cascades National Park, within the management jurisdiction of the National Park Service.

Congress accepted the responsibility of creating a law. The NPS has been given the responsibility to administer the law. Since 1968, Stehekin residents, and the larger national constituency from beyond the geographical confines of the valley, have been asked to respond to a host of planning efforts initiated by the NPS. Each and every one of these planning efforts grapples with the question, “What was the intention of Congress when they passed our enacting legislation?” Knowing the intention of Congress when they passed PL 90-544 is the foundation upon which all planning efforts are legally based. The NPS acknowledges this. Environmental groups acknowledge this. Stehekin residents acknowledge this. Difficulties arise in trying to interpret the “intention” of Congress.

This continuing column will address the legislative history of PL 90–544. The tools for examining questions of intention are available to us today. We will: 1. examine significant statements made by Congressman, Senators, and the then Director of the National Park Service, at public hearings, 2. review Senate and House reports which accompanied the law itself, and 3. examine laws which have been passed since 1968 which are relevant to administration of the North Cascades Complex. We will also look at the entire history of creating legislation in this nationally significant area. All of this review is necessary for the thoughtful interpretation of our enacting legislation.

Eight years of research into discovering the intention of Congress when they passed PL 90-544 has left an over-riding indelible impression. The law itself was a masterpiece of legislative effort! It is a work of art!! PL 90-544 represents the will of the combined voices of all the people. PL 90-544 is an example of how Congress can work effectively for the PEOPLE. It is our hope that this column will help shed light on the importance of this law as it relates to the community of Stehekin, the visiting public, and the environment.

The first segment of our legislative history column was concluded with the following summary:

• “PL 90-544 is a masterpiece of legislative effort.  It is a work of art!!
• PL 90-544 represents the will of the combined voices of all the people.
• PL 90-544 is an example of how Congress can work effectively FOR THE PEOPLE.”

The reason we want to provide our readers with a thorough discussion of Legislative History is because it is the Law which provides the foundation upon which the land is protected, and the Stehekin Community is given the security to abide in this valley. Common sense might also dictate that a viable social, economic, and spiritual community continue to exist in context with the land.  However; no matter what  common sense might dictate, it is PL 90-544 upon which our rights and responsibilities are based.  Therefore, it is the Law we must understand. (It feels uncomfortable to give this artistic piece of legislative effort the chilly, impersonal name of PL 90-544.  It is a law which warms to the legitimate needs of the People. For the time being, I will  call this legislative effort the North Cascades Bill. )

The fundamental question before those who study the North Cascades Bill is: How did Congress intend that these lands be used for the overall benefit of the people?  When considering the North Cascades, two words are predominantly used to describe management direction to benefit the people for future generations – Preservation and Recreation. Each simple word carries certain administrative ideals and solutions.  Which concept was to prevail in the North Cascades? Preservation?  Recreation?

Reviewing literature concerning legislative efforts in the North Cascades, one strong impression is recognized. Enormous thought and effort have been focused upon the people and the land of the North Cascades.  Different individuals and organizations may have contrasting views concerning management objectives, but all speak intelligently and passionately towards the land they love.

Legislative History from 1906 to 1968

In four separate years -1906,1916, 1926, and 1938- various proposals were made for setting aside acreage for national protection in the North Cascades. Each of these proposals called for National Park protection and preservation management of the North Cascades.

Starting in the 1960’s  political action was initiated to create a vast National Park and Wilderness in the North Cascades. This dream of exclusive wilderness-park complex was realized to a great extent but not completely. When public debate was complete, PL 90-544, the North Cascades Complex Bill was passed and signed into law by Lyndon Johnson in October of 1968 it included the Ross Lake and Lake Chelan National Recreation Areas. The public sentiment that swayed lawmakers to create two recreation areas, as well as, park and wilderness areas was significant.

1960 — 1968  In 1960, a study to evaluate the potential of establishing a Cascade National Park was undertaken.  In 1963 the North Cascades Conservation Council (N3C) prepared a bill that would create a 1,303,168 acre national park.  The village of Stehekin would have been included as part of the park.  This proposal was followed by Secretary of Interior Udall forwarding a bill to Congress in March on 1967 which also placed the village of Stehekin within the boundaries of the North Cascades Park. Preservation is the dominant and guiding principal of national park status.

If we were to end our review of legislative history at this March 1967 date, there would certainly be a clear case made for the fact that the lower Stehekin valley and the village of Stehekin were to be part of a nation park with a preservation mandate.  Had Congress passed the North Cascades bill as presented by Secretary Udall, Stehekin would have been part of the classical National Park System just as Yellowstone, Glacier or Olympic National Parks.

Fortunately for the Stehekin Community, the bill introduced by Secretary Udall was greatly modified as a result of public input before PL 90-544 was passed in October of 1968.  In the following article, we will examine the public process from March of 1967 to October of 1968.

The reader should realize that legislative activity concerning the North Cascades has occurred since the early 1900’s and that this work culminated in the passage of PL 90-544 in October of 1968.

Even though the law and its legislative history indicate otherwise, there are those who say the LCNRA is to be managed as a traditional park. How do you answer this assertion other than to systematically examine the path of PL 90-544 as it traveled through Congress? You can’t.

Following the passage of PL 90-544 is essential for those who want to thoughtfully address issues in Stehekin today. The diagram below is a flow chart that follows the course of the North Cascades legislation through Congress.  Hopefully, a picture is worth a thousand words. Why is this diagram an essential ingredient understanding present day Stehekin? Every management decision made in the LCNRA must eventually (if the public is watching) “square” with the law. Was the LCNRA to be managed as a park or was the LCNRA to be managed in an entirely different manner?  My thinking is quite straightforward here. If the Stehekin Valley was to be managed as a traditional park, Congress had ample opportunity to pass a law making the Stehekin Valley a part of the North Cascades National Park.  For some reason(s) Congress choose an entirely different legislative designation.

The Passage Of Pl 90-544 Creating The North Cascades National Park and Lake Chelan National Recreation Area

On the Senate Side

• March 17, 1967Secretary of Interior Udall forwarded to Congress a proposed bill (S.1321). This bill did not include the LCNRA. Stehekin was included in the proposed park.
• April & July 1967Senate hearings held in Wash. D.C. and the state of WA. The public testified concerning the proposed bill. After listening to public input, the Senate suggested changes to S.1321.

October 1967 Senate Report 700 Issued – Stehekin Now To Be Part Of The Newly Proposed Lake Chelan National Recreation Area

On the House Side

• April & July 1968House hearings on four separate House bills as well as the amended Senate Bill S1321. Three of these bills did not include Stehekin in a Recreation Area.
• ConsideredHR8970 – No LCNRA HR 12139 – No LCNRA HR 16252 – a bill to establish North Cascades Recreation Area -No LCNRA *S.1321-amended Senate Bill -includes LCNRA

October 2, 1968 Public Law 90-544 Creates The Lake Chelan National Recreation Area And The North Cascades National Park

It should now be obvious that Congress did not want traditional park status and management for the lower Stehekin Valley. They choose a completely different management designation.  However, traditional management policy has not necessarily acknowledged Congressionally mandated differences.

The late Robert Byrd wrote his thoughts (1982) concerning administration of the LCNRA by the NPS since enacting legislation was passed in 1968.

“For everything from the very beginning has been built on the wrong assumption. The basic law has quite simply been misinterpreted: a national recreation area is not a national park and should not be administered as one. A Lake Chelan National Recreation area is not a North Cascades National Park.  The lower Stehekin Valley is no more a part of the national park than is the Glacier Peak Wilderness or the Pasayten Wilderness are part of it, even though they were designated and brought into being at the same time by the same act of congress. It is a totally separate and entirely different legal entity than anything else, all by itself alone, and would stand of itself had it alone received such designation 13 years ago.”

After reviewing the passage of PL 90-544, it would seem that Mr. Byrd is correct.  If Congress had intended the Stehekin Valley to be managed as a park, they certainly had their chance to make it a park right from the beginning.

However They Didn’t ……..they Didn’t For Many Reasons!

After holding public hearings, both the House and the Senate submitted reports which accompanied PL 90-544 in its final form. Senate Report 700 and House Report 1870 are the names of these documents. Whenever there are questions concerning what Congress intended for management in the North Cascades, these two reports are the legally acknowledged defining documents which present the management intentions of Congress. It has been a struggle for members of the Stehekin community to get the NPS to acknowledge the existence and contents of the Senate and House Reports. Hopefully, this review will reach more people than ever before.

Both the Senate and House Report accompanying PL 90-544 are clear concerning whether these lands were to be managed with a recreation emphasis, or a preservation emphasis. With a recreation emphasis, a community of responsible people can continue to live their lives and/or provide services for the visiting public. With preservation as the primary emphasis, the Stehekin community would be relegated to a human form of endangered species. Fortunately, the legislation and its history are clear. Congress declared that the values of recreation and community life are essential in the North Cascades.

House Report 1870: From Page 9

“Altogether the Federal land in this general vicinity total nearly 7 million acres — an amount equaling 16 percent of the State of Washington and over half of all federally owned lands in the State. Because Federal landownership is so extensive, it is essential that the forest lands lying outside of the areas to be transferred to the Department of the Interior for administration continue to be administered in accordance with the principles of multiple use and sustained yield. That is not to say, however, that their outdoor recreation potentials should be ignored. On the contrary, one of the most persuasive arguments on behalf of this vast recreation complex is that it affords two of the principal Federal agencies with recreation responsibilities with an opportunity to develop a meaningful and coordinated outdoor recreation plan.

In view of the substantial acreage which will be designated as wilderness, it seems highly appropriate that the National Park Service should embark on the bold and imaginative development program which it described to the committee. This program should seek to maximize public use and enjoyment of the areas being transferred to its jurisdiction.”

On page 10 the following summary statement is made concerning Development Plans, “Although it involves federally owned lands almost exclusively, the enactment of this legislation would assure their management and utilization for outdoor recreation; whereas their continued administration by the Forest Service might not always result in recreational values being given priority over all other uses.”

Finally, on pages 12 and 13 — “… Because of the variety of activities enjoyed by the public within this vast area, and because large areas are, or will be, preserved as wilderness, the park and recreation areas established pursuant to the enactment of this legislation should be utilized to assure public use and enjoyment to the fullest extent possible without destroying that for which they are established. ”

These statements are bold statements! They give character and purpose to PL 90-544. These are bold statements that give specific direction to the recreational intention of PL 90-544. Recreation values were to be given priority in the park and recreation areas! Congressional intention is clear!

Senate Report 700

The Senate Report speaks more specifically to the Lake Chelan National Recreation Area (LCNRA) On pages 30 and 31 under “Boundary Changes” (Here the reasons for placing Stehekin in the LCNRA rather than the National Park are listed.) “Designate the lower Stehekin Valley and upper Lake Chelan areas the Lake Chelan National Recreation area instead of a part of the park. Many of the yearlong residents of the Stehekin Valley are descendants of the original homesteaders. Some 1700 acres, mostly on the valley floor are in private ownership, and in the past several decades a number of summer homes have been built … The lake … will serve as the primary access for park and recreation visitors approaching from the southeast. The village and the lower valley, therefore, will have considerable use, and development to accommodate these visitors will be necessary. … All of these factors were important in the committee’s decision to create a 62,000 acre recreation area here, instead of giving the area national park status.”

This type of language is absolutely unique and specific to this area and this law. The community was acknowledged as compatible with the purposes of the law. Development was compatible. Private property was compatible. Considerable use was compatible.

Furthermore, the State of Washington did not cede its rights over private property or jurisdiction over the surface of Lake Chelan. The NPS was given proprietary rather than exclusive or concurrent jurisdiction over federal lands. (This means they are an equal neighbor in the valley rather than having complete control over land management decisions.) Hunting was permitted in the LCNRA. The use of natural resources including firewood, sand, rock and gravel was permitted in the LCNRA. Circular #1 (more on this document later) was recognized as the primary management guideline for the LCNRA. Circular #1 “provides in part that outdoor recreation shall be recognized as the dominant or primary resource management purpose”. (page 28, Senate Report 700.) The law provided the foundation for continued, viable community life.

Why is this important?

If the general public and the media believe the law creating this area did nothing other than make Stehekin a hunting area within a park, the potential for this community to continue to exist is greatly diminished. PL 90-544 established many significant differences between this area and traditional parks. The sum total of these differences enable a community to continue to survive in this extremely isolated setting. If these differences are ignored the community character here will cease to exist. The stakes are high. This is why the review of legislative history is important. The law is important.

How did Congress view the management philosophies of preservation and recreation? Let’s take a look at the numerical facts which make up the essential elements of PL90-544. Congress acknowledges both preservation and recreation priorities. Areas which are to be managed with preservation as the priority are designated as Wilderness Areas and Parks. Areas in which recreation values are to be given priority have been designated as Recreation Areas. The following list of acres designated for preservation or recreation priority in PL90-544 is presented below. It is evident that Congress was creative with their designations.

• 520,000 acres Pasayten Wilderness ( high preservation priority)
• 452,000 acres existing Glacier Peak Wilderness (high preservation priority)
• 10,000 acres addition to Glacier Peak Wilderness (high preservation priority)
• 505,000 acres North Cascades National Park (preservation priority)
• 1,487,000 total acres designated for preservation priority (Yes, that’s One Million, Four Hundred and Eighty-seven thousand Acres.)
• 107,000 acres Ross Lake National Recreation Area
• 62,000 acres Lake Chelan National Recreation Area
• 169,000 total acres designated for recreation priority (only 10% of all designated lands in the North Cascades has been given Recreational Priority.