[Congressional Record Volume 154, Number 64 (Tuesday, April 22, 2008)]
[House]
[Pages H2497-H2499]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WILD MONONGAHELA ACT: A NATIONAL LEGACY FOR WEST VIRGINIA'S SPECIAL
PLACES
Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5151) to designate as wilderness additional National Forest
System lands in the Monongahela National Forest in the State of West
Virginia, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5151
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 ``Wild Monongahela Act: A
National Legacy for West Virginia's Special Places''.
SEC. 2. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL
FOREST, WEST VIRGINIA.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following
Federal lands within the Monongahela National Forest in the
State of West Virginia are designated as wilderness and as
either a new component of the National Wilderness
Preservation System or as an addition to an existing
component of the National Wilderness Preservation System:
(1) Certain Federal land comprising approximately 5,144
acres, as generally depicted on the map entitled ``Big Draft
Proposed Wilderness'' and dated March 11, 2008, which shall
be known as the ``Big Draft Wilderness''.
(2) Certain Federal land comprising approximately 11,951
acres, as generally depicted on the map entitled ``Cranberry
Expansion Proposed Wilderness'' and dated March 11, 2008,
which shall be added to and administered as part of the
Cranberry Wilderness designated by section 1(1) of Public Law
97-466 (96 Stat. 2538).
(3) Certain Federal land comprising approximately 7,156
acres, as generally depicted on the map entitled ``Dolly Sods
Expansion Proposed Wilderness'' and dated March 11, 2008,
which shall be added to and administered as part of the Dolly
Sods Wilderness designated by section 3(a)(13) of Public Law
93-622 (88 Stat. 2098).
(4) Certain Federal land comprising approximately 698
acres, as generally depicted on the map entitled ``Otter
Creek Expansion Proposed Wilderness'' and dated March 11,
2008, which shall be added to and administered as part of the
Otter Creek Wilderness designated by section 3(a)(14) of
Public Law 93-622 (88 Stat. 2098).
(5) Certain Federal land comprising approximately 6,792
acres, as generally depicted on the map entitled ``Roaring
Plains Proposed Wilderness'' and dated March 11, 2008, which
shall be known as the ``Roaring Plains West Wilderness''.
(6) Certain Federal land comprising approximately 6,030
acres, as generally depicted on the map entitled ``Spice Run
Proposed Wilderness'' and dated March 11, 2008, which shall
be known as the ``Spice Run Wilderness''.
(b) Maps and Legal Description.--
(1) Filing and availability.--As soon as practicable after
the date of the enactment of this Act, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall file with the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a map and legal description
of each wilderness area designated or expanded by subsection
(a). The maps and legal descriptions shall be on file and
available for public inspection in the office of the Chief of
the Forest Service and the office of the Supervisor of the
Monongahela National Forest.
(2) Force and effect.--The maps and legal descriptions
referred to in this subsection shall have the same force and
effect as if included in this Act, except that the Secretary
may correct errors in the maps and descriptions.
(c) Administration.--Subject to valid existing rights, the
Federal lands designated as wilderness by subsection (a)
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.). The Secretary may
continue to authorize the competitive running event permitted
from 2003 through 2007 in the vicinity of the boundaries of
the Dolly Sods Wilderness addition designated by paragraph
(3) of subsection (a) and the Roaring Plains West Wilderness
Area designated by paragraph (5) of such subsection, in a
manner compatible with the preservation of such areas as
wilderness.
(d) Effective Date of Wilderness Act.--With respect to the
Federal lands designated as wilderness by subsection (a), any
reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to
the effective date of the Wilderness Act shall be deemed to
be a reference to the date of the enactment of this Act.
(e) Fish and Wildlife.--As provided in section 4(d)(7) of
the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
section affects the jurisdiction or responsibility of the
State of West Virginia with respect to wildlife and fish.
SEC. 3. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS,
MONONGAHELA NATIONAL FOREST.
(a) Boundary Adjustment.--The boundary of the Laurel Fork
South Wilderness designated by section 1(3) of Public Law 97-
466 (96 Stat. 2538) is modified to exclude two parcels of
land, as generally depicted on the map entitled ``Monongahela
National Forest Laurel Fork South Wilderness Boundary
Modification'' and dated March 11, 2008, and more
particularly described according to the site-specific maps
and legal descriptions on file in the office of the Forest
Supervisor, Monongahela National Forest. The general map
shall be on file and available for public inspection in the
Office of the Chief of the Forest Service.
(b) Management.--Federally owned land delineated on the
maps referred to in subsection (a) as the Laurel Fork South
Wilderness, as modified by such subsection, shall continue to
be administered by the Secretary of Agriculture in accordance
with Wilderness Act (16 U.S.C. 1131 et seq.). Any reference
in the Wilderness Act to the effective date of that Act shall
be deemed to be a reference to the effective date of Public
Law 97-466 and this Act.
SEC. 4. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.
The boundary of the Monongahela National Forest is
confirmed to include the tracts of land as generally depicted
on the map entitled ``Monongahela National Forest
[[Page H2498]]
Boundary Confirmation'' and dated March 13, 2008, and all
Federal lands under the jurisdiction of the Secretary of
Agriculture, acting through the Chief of the Forest Service,
encompassed within such boundary shall be managed under the
laws and regulations pertaining to the National Forest
System.
SEC. 5. ENHANCED TRAIL OPPORTUNITIES.
(a) Plan.--
(1) In general.--The Secretary of Agriculture, in
consultation with interested parties, shall develop a plan to
provide for enhanced nonmotorized recreation trail
opportunities on lands not designated as wilderness within
the Monongahela National Forest.
(2) Nonmotorized recreation trail defined.--For the
purposes of this subsection, the term ``nonmotorized
recreation trail'' means a trail designed for hiking,
bicycling, and equestrian use.
(b) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Agriculture shall
submit to Congress a report on the implementation of the plan
required under subsection (a), including the identification
of priority trails for development.
(c) Consideration of Conversion of Forest Roads to
Recreational Uses.--In considering possible closure and
decommissioning of a Forest Service road within the
Monongahela National Forest after the date of the enactment
of this Act, the Secretary of Agriculture, in accordance with
applicable law, may consider converting the road to
nonmotorized uses to enhance recreational opportunities
within the Monongahela National Forest.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
West Virginia (Mr. Rahall) and the gentleman from Tennessee (Mr.
Duncan) each will control 20 minutes.
The Chair recognizes the gentleman from West Virginia.
General Leave
Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Today, it is my privilege to bring to the floor of the
House of Representatives the ``Wild Monongahela Act: A National Legacy
for West Virginia's Special Places.''
This legislation is supported by the entire West Virginia delegation:
In this body, my colleagues Representatives Alan Mollohan and Shelley
Moore Capito, and in the other body, our Senators, Robert C. Byrd and
Jay Rockefeller.
The pending measure would designate 37,771 acres of Federal land as
wilderness within the Monongahela National Forest.
Included in this legislation is the expansion of three existing
wilderness areas: Cranberry, Dolly Sods and Otter Creek. Additionally,
three new wilderness areas would be established: The Big Draft, the
Roaring Plains West, and Spice Run.
The issue of wilderness has captivated many Americans since the
passage of the Wilderness Act in 1964. According to this landmark
statute, these are places ``where the Earth and its community of life
are untrammeled by man, where man himself is a visitor who does not
remain.''
To be in a wilderness area is, to me, truly a humbling experience. To
be part of designating wilderness is even more humbling because
wilderness is an effort to retain the landscape as God has created it.
As the Reverend Dennis Sparks, Executive Director of the West
Virginia Council of Churches wrote to me, and I quote, ``We believe
that carefully protecting this wonderful national forest and its
wilderness-quality lands not only has a sound biblical basis, but is
also the best and most practical course of action for safeguarding the
world which we will pass along to our children.''
A great many people have worked to make this legislation possible:
Matt Keller, Dave Saville, Mary Wimmer, Beth Little, Mayor John
Manchester of Lewisburg, West Virginia, Bob Bittner, Jr., Mike Price,
as well as the Reverend Sparks. And there are many others with whom
I've hiked and with who I've worked on this legislation for which time
will not allow me to name them all.
I would also like to express my appreciation to the Monongahela
National Forest Supervisor, Clyde Thompson, as well as to Sammie
Lammie, for his excellent map making.
And finally, to the Governor of West Virginia, Joe Manchin, and to
the Division of our Natural Resources Director, Frank Jezioro. We have
and will continue to work to ensure that appropriate wildlife
management activities can take place in the areas designated by this
bill.
Mr. Speaker, I submit the following exchange of letters for the
Record.
House of Representatives,
Committee on Agriculture,
Washington, DC, April 17, 2008.
Hon. Nick J. Rahall II,
Chairman, Committee on Natural Resources, Longworth House
Office Building, Washington, DC.
Dear Mr. Chairman: On April 2, 2008 the Committee on
Natural Resources favorably reported an amended version of
H.R. 5151, the ``Wild Monongahela Act: A National Legacy for
West Virginia's Special Places.'' As you are aware, the bill
was primarily referred to Committee of Natural Resources,
while the Agriculture Committee received an additional
referral.
H.R. 5151 seeks, among other policy objectives, to
designate as ``wilderness'' certain Federal Lands within the
Monongahela National Forest in the State of West Virginia.
Clause 1(a) of Rule X confers upon the Agriculture Committee
jurisdiction over bills relating to forestry in general and
forests other than those created from the public domain. In
the past, the Committee on Agriculture has worked
cooperatively with the Committee on Natural Resources
regarding matters that generally concern forestry.
It is my understanding that the Committee on Natural
Resources wishes to have the House of Representatives
consider the bill next week. Given the need to expedite this
legislation, I will agree to discharge H.R. 5151 from further
consideration by the Committee on Agriculture. I do so with
the understanding that this action in no way waives the
Committee on Agriculture's jurisdictional interests in the
subject matter of the legislation or serves as a precedent
for future referrals. Furthermore, in the event a House-
Senate conference is requested on this matter, the Committee
on Agriculture reserves the right to seek the appointment of
conferees.
I ask that you insert a copy of our exchange letters into
the Congressional Record during consideration of this measure
on the House floor.
Thank: you very much for your courtesy in this matter and I
look forward to continued cooperation between the Committee
on Natural Resources and the Committee on Agriculture as we
deal with forestry issues in the future.
Sincerely,
Collin C. Peterson,
Chairman.
____
House of Representatives,
Committee On Natural Resources,
Washington, DC, April 18, 2008.
Hon. Collin C. Peterson,
Chairman, Committee on Agriculture, Longworth H.O.B.,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter on April 18,
2008, indicating jurisdictional interests in H.R. 5151, the
``Wild Monongahela Act: A National Legacy for West Virginia's
Special Places.'' As you are aware, the Committee on Natural
Resources favorably reported an amended version of the bill
on April 2, 2008, and would like to have the House of
Representatives consider the legislation next week.
I acknowledge your jurisdictional interests in the bill,
and note that the Committee on Natural Resources and the
Committee on Agriculture have had a history of working
cooperatively on matters that generally concern forestry. I
appreciate your willingness to discharge the bill without
further consideration by the Agriculture Committee and
understand that this action will in no way waive your
Committee's jurisdictional interests in the subject matter of
the legislation or serve as a precedent for future referrals.
Furthermore, in the event that a conference with the Senate
is requested on this matter, I would support naming
Agriculture Committee members to the conference committee. A
copy of our exchange letters regarding this bill will be
inserted into the Congressional Record during floor
consideration.
Thank you for your courtesy in this matter and I look
forward to continued cooperation between our respective
Committees as we deal with forestry issues in the future.
With warm regards, I am
Sincerely,
Nick J. Rahall II,
Chairman.
I reserve the balance of my time.
Mr. DUNCAN. Mr. Speaker, at this time I yield such time as she may
consume to the gentlelady from West Virginia (Mrs. Capito).
Mrs. CAPITO. Mr. Speaker, I rise today on Earth Day in support of
H.R. 5151, the Wild Monongahela Act: A National Legacy for West
Virginia's Special Places, introduced by my colleague from West
Virginia's Third District and the chairman of the Natural Resources
Committee, Congressman Nick Rahall.
I'm proud to be an original cosponsor of this important legislation,
and I
[[Page H2499]]
commend the chairman for all of his hard work on this bill.
In 1964, Congress enacted the Wilderness Act that permanently
protected some of the most natural and undisturbed places in America.
Today the U.S. Forest Service preserves the natural and cultural
resources and values of the forest system, including those of the
Monongahela National Forest for the enjoyment, education and
inspiration of this and future generations.
West Virginia's wilderness is part of our history and heritage, and
it is passed on as a legacy. This bipartisan bill will protect
approximately 38,000 acres of the Mon Forest in West Virginia through
the designation of three additional wilderness areas and expansion of
three existing Federal wilderness areas including: Big Draft, Cranberry
Expansion, Dolly Sods Expansion, Dry Fork Expansion, Roaring Plains
West and Spice Run.
West Virginia's national forest provides an excellent outdoor
experience with our State's majestic mountains, winding rivers and
superb hunting, camping, fishing, backpacking and other activities.
Protecting these additional acres of pristine forest will ensure that
future generations will be able to enjoy the natural beauty of our home
State of West Virginia.
Over the last several months I've engaged in discussion with many of
my constituents, many whom are avid hunters, anglers, mountain bikers
and outdoorsmen who have a unique and vested interest in the impact of
the wilderness designation on their local community. The people of this
area are well acquainted with wilderness, and H.R. 5151 reflects their
desire to preserve their natural treasures, while maintaining important
flexibility for the local residents.
Mr. Speaker, this bill is vitally important to guaranteeing that
future generations of Americans can experience the natural wonder and
beauty of West Virginia. I applaud Chairman Rahall and his staff for
all of their hard work on this bill and all those in West Virginia who
have seen it come to this point.
I encourage my colleagues to support the legislation, and I encourage
each of them to experience firsthand the pristine natural beauty of
West Virginia and the Mon National Forest.
Mr. RAHALL. Mr. Speaker, I have no further requests for time. But, in
conclusion, I want to commend the staff of our Natural Resources
Committee as well, Mr. Jim Zoia, who's been with me for numerous years
and knows our people in West Virginia, has been with this legislation
almost daily.
Rick Healy, our chief counsel. And I wish as well to commend the
ranking minority member on my committee, Mr. Don Young, for his
assistance and willingness to work with us on this as well, and today's
acting ranking member, Mr. Jimmy Duncan, for his help on this
legislation.
I have no further requests for time, and I'll reserve, pending any
further requests that the ranking member has.
Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
H.R. 5151 will designate portions of the Monongahela National Forest
in West Virginia as wilderness, and it is my understanding that Members
of Congress whose districts are affected support the bill.
Although we should give considerable deference to those who have been
elected to represent the people in the area, I do not necessarily agree
that wilderness designation is always the wisest conservation decision
we can make. Wilderness designation is the most restrictive policy we
can impose on an area, and there are often far better, more creative
ways to conserve our forests and other natural areas. In many
instances, it is a mistake to foreclose active management options that
can improve fish and game habitat, increase recreational access and
lessen the severity of wildfires. And to protect our economic well-
being, provide jobs for young people and protect our national security,
our country is going to need continued access to the rich resources our
own public lands provide.
We now have over 100 million acres in wilderness areas, and we keep
adding to that at a record level. And we are very close to getting to
the point where that's beginning to hurt us economically at a time when
we don't need more blows to our economy.
Nevertheless, I do wish the people of West Virginia good luck living
around these wilderness areas, and I know that they, like the people of
my State, will in the long run prove to be better guardians of their
mountains, rivers and wildlife than bureaucrats in Washington.
I yield back the balance of my time.
Mr. RAHALL. I yield back, Mr. Speaker.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and pass the bill, H.R. 5151, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________