[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3113 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 3113


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2009

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
 To amend the Wild and Scenic Rivers Act to designate a segment of the 
    Elk River in the State of West Virginia for study for potential 
 addition to the National Wild and Scenic Rivers System, 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 ``Upper Elk River Wild and Scenic 
Study Act''.

SEC. 2. DESIGNATION FOR STUDY.

    Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) 
is amended by adding at the end the following:
            ``( ) Elk river, west virginia.--The approximate 5-mile 
        segment of the Elk River from the confluence of the Old Field 
        Fork and the Big Spring Fork in Pocahontas County to the 
        Pocahontas and Randolph County line.''.

SEC. 3. STUDY AND REPORT.

    Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) 
is amended by adding at the end the following:
            ``( ) Elk river, west virginia.--Not later than 3 years 
        after funds are made available to carry out this paragraph, the 
        Secretary of Agriculture shall complete the study of the 5-mile 
        segment of the Elk River, West Virginia, designated for study 
        in subsection (a), and shall submit to Congress a report 
        containing the results of the study. The report shall include 
        an analysis of the potential impact of the designation on 
        private lands within the 5-mile segment of the Elk River, West 
        Virginia, or abutting that area.''.

SEC. 4. EFFECT.

    (a) Effect on Access for Recreational Activities.--Consistent with 
section 13 of the Wild and Scenic Rivers Act (16 U.S.C. 1284), nothing 
in the designation made by the amendment in section 2 shall be 
construed as affecting access for recreational activities otherwise 
allowed by law or regulation, including hunting, fishing, or trapping.
    (b) Effect on State Authority.--Consistent with section 13 of the 
Wild and Scenic Rivers Act (16 U.S.C 1284), nothing in the designation 
made by the amendment in section 2 shall be construed as affecting the 
authority, jurisdiction, or responsibility of the several States to 
manage, control, or regulate fish and resident wildlife under State law 
or regulations, including the regulation of hunting, fishing, and 
trapping.

            Passed the House of Representatives September 22, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.