II Calendar No. 306 111th CONGRESS 2d Session H. R. 3113 [Report No. 111–156] IN THE SENATE OF THE UNITED STATES September 23, 2009 Received; read twice and referred to the Committee on Energy and Natural Resources March 2, 2010 Reported by Mr. Bingaman, without amendment 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.

1.

Short Title

This Act may be cited as the Upper Elk River Wild and Scenic Study Act.

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. .

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. .

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.

March 2, 2010 Reported without amendment